Chapter 77. To amend an Act entitled “An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” approved September second, nineteen hundred and fourteen, and an Act in amendment thereto, approved October sixth, nineteen hundred and seventeen
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CHAP. 77.— An Act To amend an Act entitled “An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” approved September second, nineteen hundred and fourteen, and an Act in amendment thereto, approved October sixth, nineteen hundred and seventeen. May 20, 1918.[[H. R. 11245](/us/bill/65/hr/11245).][[Public, No. 151](/us/pl/65/151).] *Be it enacted by the Senate and House of representatives of the United States of America in Congress assembled*, That section thirteen, article War Risk Insurance Bureau.one, of the Act approved October sixth, nineteen hundred and seventeen, entitled “An Act to authorize the establishment of a Bureau of *Ante*, p. 399, amended.War Risk Insurance in the Treasury Department,” be, and is hereby, amended by striking out the following words in the last sentence:
“to regulate the matter of compensation, if any, but in no case to Matter stricken out.exceed ten per centum, to be paid to claim agents and attorneys for services in connection with any of the matters provided for in articles two, three, and four,” and insert at the end of the sentence the following New provisions in sorted.words: “ *Provided, however*, That payment to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers shall not exceed $ in any one case: *And provided further*, That no claim agent or attorney shall be recognized in the presentation or adjudication of claims under articles two, three, and four, except that in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder, an action on the claim may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them resides, and that whenever judgment shall be rendered in an action brought pursuant to this provision, the court, as part of its judgment, shall determine and allow such reasonable attorney’s fees, not to exceed five per centum of the amount recovered, to be paid by the claimant in behalf of whom such proceedings were instituted, to his attorney.
" “Any person who shall directly or indirectly solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive, any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $00 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment,” so that the section as amended shall read as follows:
“Sec. 13. That the director, subject to the general direction of Administrative, etc., powers conferred on Director.the Secretary of the Treasury, shall administer, execute, and enforce the provisions of this Act, and for that purpose have full power and authority to make rules and regulations not inconsistent with the provisions of this Act, necessary or appropriate to carry out its purposes, and shall decide all questions arising under the Act, except as otherwise provided in section five.
Wherever under any provision Regulations.or provisions of the Act regulations are directed or authorized to be made, such regulations, unless the context otherwise requires, shall or may be made by the director, subject to the general direction of the Secretary of the Treasury. The director shall adopt reasonable Procedure, etc.and proper rules to govern the procedure of the divisions and to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits of allowance, allotment, compensation, or insurance provided for in this Act, the forms of application of those claiming to be entitled to such benefits, the methods of making investigations and medical examinations, and the maimer and form of adjudications and awards: *Provided, however*, That payment *Provisos*.Limit on attorneys’ fees.to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers shall not exceed $3 in any one case: *And provided further*, That no claim Agents restricted to actions on insurance claims in court.agent or attorney shall be recognized in the presentation or adjudication 556of claims under articles two, three, and four, except that in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder an action on the claim may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them resides, and that whenever judgment shall be rendered in an action brought pursuant to this Determination by the court.provision the court, as part of its judgment, shall determine and allow such reasonable attorney’s fees, not to exceed five per centum of the amount recovered, to be paid by the claimant in behalf of whom such proceedings were instituted to his attorney, said fee to be paid out of the payments to be made to the beneficiary under the judgment rendered at a rate not exceeding one-tenth of each of such payments until paid.
Punishment tor charging unauthorized fees.“Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment. ” " Sec. 2. Former provision repealed.*Ante*, p. 410.
That Article IV of said Act, approved October sixth, nineteen hundred and seventeen, entitled “An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” is hereby amended by striking out section four hundred and five thereof. Approved, May 20, 1918.