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Code · STATUTES-AT-LARGE · Vol. 43 STAT. · June 7, 1924 · Chapter 320

Chapter 320. To consolidate, codify, revise, and reenact the laws affecting the establishment of the United States Veterans’ Bureau and the administration of the War Risk Insurance Act, as amended, and the Vocational Rehabilitation Act, as amended

15,873 words·~72 min read·/statutes-at-large/vol-43/chapter-320-2591793·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CHAP. 320.— An Act To consolidate, codify, revise, and reenact the laws affecting the establishment of the United States Veterans’ Bureau and the administration of the War Risk Insurance Act, as amended, and the Vocational Rehabilitation Act, as amended. June 7, 1924.[[S. 2257](/us/bill/68/s/2257).][[Public, No. 242](/us/68/pl/242).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Title I.— General.World War Veterans’ Act, 1924.
Section 1. This Act may be cited as the “World War Veterans’Title of Act. Act, 1924.” Sec. 2. When used in this Act—Terms construed. The term “bureau” means the United States Veterans’ Bureau.“Bureau.” The term “director” means the Director of the United States“Director.” Veterans’ Bureau. Sec. 3. In Titles II, III, and IV of this Act unless the contextIn compensation, insurance, and rehabilitation. otherwise requires—
(1)The term “child” includes—“Child.”
(a)A legitimate child.
(b)A child legally adopted.
(c)A stepchild, if a member of the man’s household.
(d)An illegitimate child, but, as to the father only, if acknowledged in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child’s support, or has been judicially decreed to be the putative father of such child.
(2)The term “grandchild” means a child as above defined of a“Grandchild.” child as above defined.
(3)Except as used in section 301 and in section 302, the termLimitations.*Post*, p. 1302. “child” and “grandchild” are limited to unmarried persons either
(a)under eighteen years of age, or
(b)of any age, if permanently incapable of self-support by reason of mental or physical defect.
(4)The term “parent” includes a father, mother, grandfather,“Parent.” grandmother, father through adoption, mother through adoption, stepfather, and stepmother, either of the persons in the service or of the spouse.
(5)The terms “father” and “mother” include stepfathers and“Father” and “mother.” stepmothers, fathers and mothers through adoption, and persons608who have stood in loco parentis to a member of the military or naval forces at any time prior to his enlistment or induction for a period of not less than one year.
(6)“Brother” and “sister.” The terms “brother” and “sister” include brothers and sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption.
(7)Extension. The terms “brother” and “sister” include the children of a person who, for a period of not less than one year, stood in loco parentis to a member of the military or naval forces of the United States at any time prior to his enlistment or induction, or another member of the same household as to whom such person during such period likewise stood in loco parentis.
(8)“Commissioned officer.” The term “commissioned officer” includes a warrant officer, but includes only an officer in active service in the military or naval forces of the United States.
(9)“Man,” and “enlisted man.”Females included. The terms “man ” and “enlisted man ” mean a person, whether male or female and whether enlisted, enrolled, or drafted into active service in the military or naval forces of the United States, and include noncommissioned and petty officers and members of training camps authorized by law.
(10)“Enlistment.” The term “enlistment” includes voluntary enlistment, draft, and enrollment in active service in the military or naval forces of the United States.
(11)“Injury.” The term “injury” includes disease.
(12)The term “pay ’ means the pay for service in the United States according to grade and length of service, excluding all allowances.
(13)“Military or naval forces.” The term “military or naval forces” means the Army, the Navy, the Marine Corps, the Coast Guard, the Naval Reserves, the National Naval Volunteers, and any other branch of the United States service while serving pursuant to law with the Army or the Navy.
(14)“World War,” etc. The terms “World War,” “during the period of the war,” and “during the World War” mean the period beginning April 6, 1917, and ending July 2, 1921.
(15)“Date of termination of the war.” The terms “date of termination of the war” and “termination of the war” mean July 2, 1921. Sec. 4. Veterans’ Bureau.Established under the President.Vol. 42, p. 147. There is established an independent bureau under the President to be known as the United States Veterans’ Bureau, the director of which shall be appointed by the President by and with Director, appointment and salary.the advice and consent of the Senate. The Director of the United States Veterans’ Bureau shall receive a salary of $10,000 per annum, payable monthly. Technical and administrative staff.Vol. 42, p. 148.There shall be included on the technical and administrative staff of the director such staff officers, experts, inspectors, and assistants as the director shall prescribe; and there shall be in the United States Veterans’ Bureau such sections and subdivisions thereof as the director Employees subject to civil service law, etc.shall prescribe. With such exceptions as the President may deem advisable, all employees shall be subject to the civil-service law and regulations made thereunder. Sec. 5. Administrative, etc., powers vested in Director. The director, subject to the general direction of the President, shall administer, execute, and enforce the provisions of this Act, and for that purpose shall have full power and authority to make rules and regulations, not inconsistent with the provisions of this Act, which are necessary or appropriate to carry out its purposes, Effect of decisions.and shall decide all questions arising under this Act and all decisions of questions of fact affecting any claimant to the benefits of Titles II, III, or IV of this Act, shall be conclusive except as otherwise provided Assignment of duties.herein. All officers and employees of the bureau shall perform such duties as may be assigned them by the director. All official acts609performed by such officers or employees specially designated thereforAdministrative procedure. by the director shall have the same force and effect as though performed by the director in person. Wherever under any provision 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. The director shall adopt reasonable 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 compensation, insurance, vocational training or maintenance and support allowance 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 manner and form of adjudications and awards. Sec. 6. That the bureau shall have the power, and it shall be itsPlacement of rehabilitated persons. duty, to provide for the placement of rehabilitated persons in suitable or gainful occupations. The director is authorized and directed toDepartment of Labor facilities to be utilized. utilize, with the approval of the Secretary of Labor, the facilities of the Department of Labor, in so far as may be practicable, in the placement of rehabilitated persons in suitable or gainful occupations. Sec. 7. The director shall establish a central office in the DistrictCentral office, regional and suboffices, to be established. of Columbia, and such regional offices and suboffices, not exceeding one hundred in number, within the territory of the United States and its outlying possessions as may be deemed necessary by him and in the best interests of the work committed to the Veterans’ Bureau and to carry out the purposes of this Act. Such regional offices andPowers, etc., of regional and suboffices. suboffices, may, subject to final action by the director in case of an appeal, and under such rules and regulations as may be prescribed by the director, exercise such powers for hearing complaints and for examining, rating, and awarding compensation claims, granting medical, surgical, dental, and hospital care, convalescent care, and necessary and reasonable after care, granting vocational training and all other matters delegated to them, or some of them, by the director as could be performed lawfully under this Act by the central office. The director may abolish any regional offices or suboffices whenAbolishment authorized, etc. in his judgment this may be done without detriment to the administration of this Act, and upon such termination all records and supplies pertaining thereto shall be delivered to the central office, or as the director shall otherwise prescribe. Sec. 8. That for the purposes of this Act the director, and suchPowers to secure testimony.Vol. 40, p. 399. persons as the director may designate, shall have the power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses upon any matter within the jurisdiction of the bureau. In case of disobedience toAid from district courts to secure evidence, etc. a subpoena the bureau may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court, within the jurisdiction of which the inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any officer, agent, or employee of any corporation or other person, issue an order requiring such corporation or other person to appear before the bureau or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by Failure punished as contempt of court.Witness fees, etc.such court as a contempt thereof. Any person so required to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States. 610 Employees to be detailed to examine claims, investigate frauds, etc.Powers conferred.For the purpose of this Act, the director is authorized to detail from time to time clerks or persons employed in the bureau to make examinations into the merits of compensation and insurance claims, whether pending or adjudicated, as he may deem proper, and to aid in the preparation, presentation, or examination of such claims; and any such person so detailed shall have power to administer oaths, take affidavits, and certify to the correctness of the papers and documents pertaining to the administration of this Act. Sec. 9. Opinion of Attorney General on questions of law. In addition to the services of the legal assistants employed by the bureau, the Director may require the opinion of the Attorney General on any questions of law arising in the administration of the bureau. Sec. 10. General powers of Director.Vol. 42, p. 149. The director, subject to the general directions of the President, shall be responsible for the proper examination, medical care, treatment, hospitalization, dispensary, and convalescent care necessary and reasonable after care, welfare of, nursing, vocational training, and such other services as may be necessary in the carrying out of the provisions of this Act, and for that purpose is hereby authorized, at the direction of the President or with the approval of To utilize existing facilities of all Government agencies.the head of the department concerned, to utilize the now existing or future facilities of the United States Public Health Service, the War Department, the Navy Department, the Interior Department, the National Home for Disabled Volunteer Soldiers, and such other governmental facilities as may be made available for the purposes Additional personnel, equipment, etc., to be furnished.set forth in this act; and such governmental agencies are hereby authorized to furnish such facilities, including personnel, equipment, medical, surgical, and hospital services and supplies as the director may deem necessary and advisable in carrying out the provisions of this Act, in addition to such governmental facilities as are hereby made available. Further hospitalization, if Government facilities unsatisfactory.When, in the opinion of the director, the facilities and services utilized for the hospitalization, medical care, and treatment for beneficiaries under this act are unsatisfactory, the director shall make arrangements for the further hospitalization, care, and treatment of such beneficiaries by other means. Improving and extending Government hospital facilities authorized.In the event that there is not sufficient Government hospital and other facilities for the proper medical care and treatment of beneficiaries under this Act, and the director deems it necessary and advisable to secure additional Government facilities, he may, within the limits of appropriations made for carrying out the provisions of this paragraph, and with the approval of the President, improve or extend existing governmental facilities, or acquire additional facilities New property to be permanent equipment of Bureau or other Government agency.by purchase or otherwise. Such new property and structures as may be improved, extended, or acquired shall become part of the permanent equipment of the United States Veterans’ Bureau or of some one of the now existing agencies of the Government, including the War Department, Navy Department, Interior Department, Treasury Department, the National Home for Disabled Volunteer Soldiers, in such way as will best serve the present emergency, taking into consideration the future services to be rendered the veterans of the World War, including the beneficiaries under this Act. Contracts for outside medical, etc., services if Government facilities inadequate.In the event Government hospital facilities are insufficient or inadequate the director may contract with State, municipal, or in exceptional cases, with private hospitals for such medical, surgical, and hospital services and supplies as may be required, and such contracts may be made for a period of not exceeding three years and may be for the use of a ward or other hospital unit or on such other basis as may be in the best interest of the beneficiaries under this Act. Public Health, etc., hospitals transferred to Bureau.There are hereby permanently transferred to the Veterans’ Bureau all hospitals now or formerly under the jurisdiction of the Public Health Service or of the Treasury Department, the operation,611management, or control of which have heretofore been transferred by the President to said Bureau pursuant to the authority contained in section 9 of the Act entitled “An Act to establish a Veterans’Vol. 42, p. 150. Bureau and to improve the facilities and service of such Bureau and further to amend and modify the War Risk Insurance Act, approved August 9, 1921.” Sec. 11. The director is hereby authorized to make such rulesRules to be made for conduct of patients at hospitals, etc. and regulations as may be deemed necessary in order to promote good conduct on the part of persons who are receiving care or treatment in hospitals, homes, or institutions as patients or beneficiaries of said bureau during their stay in such hospitals, homes, institutions, or training centers. Penalties for the breach ofPenalties for breaches thereof. such rules and regulations may, with the approval of the director, extend to a forfeiture by the offender of such portion of the compensation payable to him, not exceeding three-fourths of the monthly installment per month for three months, for a breach committed while receiving treatment in such hospital, home, institution, or training center as may be prescribed by such rules and regulations. Sec. 12. That the bureau is hereby authorized and empoweredAcceptance of gifts for rehabilitation, authorized.*Post*, p. 627. to receive, for purposes of benefits provided by Title IV hereof, such gifts and donations from either public or private sources as may be offered unconditionally. All moneys so received as giftsFunds created therefrom, and use to be made. or donations shall be paid into the Treasury of the United States, and shall constitute a permanent fund, to be called the “Special fund for vocational rehabilitation,” to be used under the direction of the said bureau in connection with the appropriations hereby made or hereafter to be made, to defray the expenses of providing and maintaining courses of vocational rehabilitation; and a full reportReport of receipts, etc. of all gifts and donations offered and accepted and all disbursements therefrom shall be submitted annually to Congress by the director. Sec. 13. All sums heretofore appropriated for use by the FederalPrevious appropriations to constitute fund for advancement of trainees. Board for Vocational Education as a revolving fund, not exceeding $500,000, may be used by the bureau as a revolving fund for the purpose of making advancement to persons commencing or undergoing training under Title IV hereof, such advancements to bear no interest*Post*, p. 627. and to be reimbursed in such installments as may be determined by the director by proper deductions from the monthly maintenance and support allowances allowed by this Act. Sec. 14. That the director of the United States Veterans’ BureauDetailed annual report to Congress.Vol. 42, p. 152. shall on the first Monday in December of each year file with the Speaker of the House of Representatives and the President of the Senate a full and complete report of all activities of the United States Veterans’ Bureau, showing in detail the number of claimants and the amount of compensation paid, the number of veterans of the various wars and expeditions receiving hospitalization and medical treatment, the number of dependents drawing compensation and the amount of such compensation, the number of persons holding and paying for Government life insurance, and a full and itemized statement of all moneys received and disbursed by the director, or any of his agents, for the preceding year. Sec. 15. All sums heretofore appropriated for carrying out theAll previous appropriations, unexpended, made available. provisions of the War Risk Insuance Act and amendments thereto and to carry out the provisions of the Act entitled “An ActVol. 40, p. 617. to provide for vocational rehabilitation and return to civil employment of disabled persons discharged from the military or naval forces of the United States, and for other purposes,” approved June 27, 1918, and amendments thereto, and all sums heretofore appropriated for carrying out the provisions of the Act entitled “An Act to establishVol. 42, p. 147. a Veterans’ Bureau and to improve the facilities and service of such bureau, and further to amend and modify the War Risk Insurance612Act,” approved August 9, 1921, and amendments thereto shall, where unexpended, be made available for the bureau and may be expended in such manner as the director deems necessary in carrying out the purposes of this Act. Sec. 16. Prior insurance appropriations and premium collections made available.*Post*, p. 624. All sums heretofore appropriated for the military and naval insurance appropriation and all premiums collected for the yearly renewable term insurance provided by the provisions of Title III deposited and covered into the Treasury to the credit of this appropriation, shall, where unexpended, be made available for the Premiums collected hereafter.bureau. All premiums that may hereafter be collected for the yearly renewable term insurance provided by the provisions of Title III hereof shall be deposited and covered into the Treasury for the credit Payment of term insurance, etc., therefrom.of this appropriation. Such sum including all premium payments is made available for the payment of the liabilities of the United States incurred under contracts of yearly renewable term insurance made under the provisions of Title III, including such liabilities as shall have been or shall hereafter be reduced to judgment in a district court of the United States or in the Supreme Court of the District Authority for.of Columbia. Payments from this appropriation shall be made upon and in accordance with the awards by the director. Sec. 17. All premium payments to be credited to Government life insurance fund. That all premiums paid on account of insurance converted under the provisions of Title III hereof shall be deposited and covered into the Treasury to the credit of the United States Government life insurance fund and shall be available for the payment of losses, dividends, refunds, and other benefits provided for under such insurance, including such liabilities as shall have been or shall hereafter be reduced to judgment in a district court of the United States or Payments of awards by Director.in the Supreme Court of the District of Columbia. Payments from this fund shall be made upon and in accordance with awards by the director. Reserve funds to be set aside.Vol. 42, p. 152.The bureau is authorized to set aside out of the fund so collected such reserve funds as may be required, under accepted actuarial Investment, etc.principles, to meet all liabilities under such insurance; and the Secretary of the Treasury is hereby authorized to invest and reinvest the said United States Government life insurance fund, or any part thereof, in interest-bearing obligations of the United States or bonds of the Federal farm-loan banks and to sell said obligations of the United States or the bonds of the Federal farm-loan banks for the purposes of such fund. Sec. 18. Credits to be allowed in accounts of disbursing clerk, etc. That the Comptroller General of the United States is hereby authorized and directed to allow credit in the accounts of the disbursing clerk of the bureau for all payments of insurance installments hereafter made, without verification of the deduction on the pay rolls, of such premiums as may have accrued prior to January 1, 1921, while the insured was in the service. Sec. 19. Recognition of attorneys in presenting claims, etc., restricted.*Post*, p. 1302. That no claim agent or attorney except the recognized representatives of the American Red Cross, the American Legion, the Disabled American Veterans, and the Veterans of Foreign Wars and such other organizations as shall be approved by the Director, shall be recognized in the presentation or adjudication of claims under For insurance claims in court, permitted.Titles II, III, and IV, except that in the event of disagreement as to claim under a contract of insurance between the bureau and any beneficiary or beneficiaries thereunder an action on the claim may be brought against the United States either in the Supreme Court of the District of Columbia or 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 Determination of fee by the court,brought pursuant to this provision, the court, as part of its judgment, shall determine and allow such reasonable attorney’s fees, not to exceed 5 per centum of the amount recovered, to be paid by the claimant m behalf of whom such proceedings were instituted to613his 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. AllIntervenors allowed in insurance cases. persons having or claiming to have an interest in such insurance may be made parties to said suit, and such as are not inhabitants of or found within the. district in which suit is brought, may be brought in by order of the court to be served personally or by publication as theProcedure. court may direct. The procedure in such suits shall otherwise be the same as that provided for suits in the district courts by the actVol. 24, p. 505. entitled, “An Act providing for the bringing of suits against the United States,” approved March 3, 1887, as amended. Sec. 20. That for the purpose of this Act the marriage of theProof of marriage. claimant to the person on account of whom the claim is made shall be shown by such testimony as the director may prescribe by regulations. Sec. 21. That where any payment under this Act is to be madePayments to minors, etc. to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, or under other legal disability adjudged by a court of competent jurisdiction, such payment may be made to the person who is constitutedTo regular guardians, etc. guardian, curator, or conservator by the laws of the State or residence of claimant, or is otherwise legally vested with responsibility or care of the claimant or his estate: *Provided*, That*Provisos*.Payments prior to notice of disability. prior to receipt of notice by the bureau that any such person is under such other legal disability adjudged by some court of competent jurisdiction, payment may be made to such person direct: *Provided further*, That for the purpose of payments ofWhere no legal guardian appointed. benefits under Title II hereof, where no guardian, curator, or conservator of the person under a legal disability has been appointed under the laws of the State or residence of the claimant, the director shall determine the person who is otherwise legally vested with responsibility or care of the claimant or his estate: *And provided further*, That the director, in his discretion, may suspendSuspension on failure to render accounts. such payments to any such guardian, curator, conservator, or other person who shall neglect or refuse, after reasonable notice, to render an account to the director from time to time showing the application of such payments for the benefit of such minor or incompetent beneficiary. Sec. 22. That the compensation, insurance, and maintenanceNo assignments, etc., of allowances. and support allowance payable under Titles II, III, and IV, respectively, shall not be assignable; shall not be subject to the claims of creditors of any person to whom an award is made under Titles II, III, or IV; and shall be exempt from all taxation: *Provided*, That such compensation, insurance, and maintenance*Proviso*.Claims of United States admitted. and support allowance shall be subject to any claims which the United States may have, under Titles II, HI, IV, and V, against the person on whose account the compensation, insurance, or maintenance and support allowance is payable. That the provisions of this section shall not be construed toConverted insurance assignments permitted. prohibit the assignment by any person to whom converted insurance shall be payable under Title III of such Act of his interest in such insurance to any other member of the permitted class of beneficiaries. Sec. 23. The discharge or dismissal of any person from thePersons discharged for specified causes barred from compensation, etc., benefits.Vol. 42, p. 1521.*Post*, p. 1303. military or naval forces on the ground that he is guilty of mutiny, treason, spying, or any offense involving moral turpitude, or willful and persistent misconduct, of which he has been found guilty by a court-martial, or that he is an enemy alien, conscientious objector, or a deserter, shall terminate any insurance granted on the life of such person under the provisions of Title III and shall bar all rights to any compensation under Title II, or any insurance614under Title III, or any maintenance and support allowance under *Provisos*.Converted insurance payments permitted.Title IV: *Provided*, That as to converted insurance, the cash surrender value thereof, if any, on the date of such discharge or dismissal shall be paid the insured, if living, and if dead to the Enemy alien in United States service, entitled to benefits therefrom.designated beneficiary: *Provided further*, That an enemy alien who volunteered or who was drafted into the Army, Navy, or Marine Corps of the United States during the World War, and who was not discharged from the service on his own application or solicitation by reason of his being an enemy alien, and whose service was honest and faithful, shall be entitled to the benefits under Titles II, III, Allowance if dishonorably discharged by court marshal and subsequently found to have been insane.and IV hereof: *Provided further*, That in case any person has been dishonorably discharged from the military or naval forces as a result of a court-martial trial, and it is thereafter established to the satisfaction of the director that at the time of the commission of the offense resulting in such court-martial trial and discharge that such person was insane, such person shall be entitled to the compensation, insurance, and vocational training benefits under Provisions effective retroactively.Titles II, III, and IV hereof: *Provided further*, That this section shall be deemed to be in effect as of April 6, 1917, and the director is hereby authorized and directed to make provision by bureau regulation for payment of any insurance claim or adjustment in insurance premium account of any insurance contract which would not now be affected by this section as amended. Sec. 24. Compensation, etc., allowed persons inducted, but dying of disability, etc., before enlistment.Vol. 41, p. 372. That if after induction by the local draft board, or after being called into Federal service as a member of the National Guard, but before being accepted and enrolled for active service, the person died or became disabled as a result of disease contracted or injury suffered in the fine of duty and not due to his own willful misconduct involving moral turpitude, or as a result of the aggravation, in the fine of duty and not because of his own willful misconduct involving moral turpitude, of an existing disease or injury, he or those entitled thereto shall receive the benefits of Insurance deemed valid.compensation payable under Title II; and any insurance application made by such person after induction by the local draft board but before being accepted and enrolled for active service shall be deemed valid. Sec. 25. Status of persons provisionally accepted for enlistment.Vol. 42, p. 153. Any person who between the 6th day of April, 1917, and the 11th day of November, 1918, applied for enlistment or enrollment in the military or naval forces, and who was accepted provisionally and directed or ordered to a camp, post, station, or other place for final acceptance into such service, shall be deemed to have the same status as an inducted man not yet accepted and enrolled for active service during the period while such person was complying with such order or direction, and during such compliance, and until his final acceptance or rejection for enlistment or Allowed compensation and insurance benefits.enrollment into the military or naval forces, shall be entitled to the same benefits under Titles II and III hereof as an inducted man not yet accepted and enrolled for active service. Sec. 26. Amounts unpaid at death payable to personal representative. That the amount of the monthly installments of compensation, yearly renewable term insurance, or accrued maintenance and support allowance which has become payable under the provisions of Titles II, III, or IV hereof, but which has not been paid prior to the death of the person entitled to receive the same, may be payable *Proviso*.Escheat, etc.to the personal representatives of such person: *Provided*, That in cases where the estate of the decedent would escheat under the laws of the place of his residence, such installments shall not be paid to the estate of the decedent but shall escheat to the United States and shall be credited to the appropriation from which the original award was made. 615 Sec. 27. That all payments of compensation and insurancePayments made heretofore under regulations, etc., validated. heretofore made pursuant to a regulation permitting permanent and total disability to be presumed from hospitalization or ratings of less than permanent total disability shall be deemed valid and no recovery thereof shall be made: *Provided*, That nothing herein shall operate*Proviso*.Insurance exception. to validate insurance not in force on the date an award thereof was approved, except where premiums have been thereafter accepted. Sec. 28. There shall be no recovery of payments from anyNo recovery from beneficiary, if without fault. beneficiary who, in the judgment of the director, is without fault on his part, and where, in the judgment of the director, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Sec. 29. The director is authorized, in his discretion, to sell, lease,Surplus supplies, etc., may be disposed of. or exchange surplus equipment, supplies, products, or waste materials belonging to the bureau or any of its plants or institutions; andLands, etc., may be leased. to lease for a term, not exceeding three years, lands or buildings, or parts or parcels thereof, belonging to the United States and under the control of the bureau. The. net proceeds of all such sales, leases,Proceeds covered into the Treasury. or exchanges shall be covered into the Treasury of the United States as miscellaneous receipts. Sec. 30. That all files, records, reports, and other papers andFiles, etc., pertaining to claims, confidential. documents pertaining to any claim for the benefits of this Act, whether pending or adjudicated, shall be deemed confidential and privileged and no disclosure thereof shall be made except as follows:Disclosure allowed.
(a)To a claimant or his duly authorized representative, as toTo claimants conditionally. matters concerning himself alone, when in the judgment of the director such disclosure would not be injurious to the physical or mental health of the claimant;
(b)Where required by the process of a United States court toUnder process of court, etc. be produced in any suit or proceeding therein pending; or when such production is deemed by the director to be necessary in any suit or proceeding brought under the provisions of this Act;
(c)In all proceedings in the nature of an inquest into the mentalTo court in proceedings as to mental capacity. competency of a claimant, and in all other judicial proceedings, when in the judgment of the director such disclosure is deemed necessary and proper;
(d)The amount of compensation or training allowance of anyAmount of compensation or training allowance. beneficiary shall be made known to any person who applies for such information. Wherever the production of a file, record, report, or other documentAcceptance of certified copies as evidence. is required or permitted by this section a certified copy thereof may be produced in lieu of the original, and such certified copy shall be received in evidence with like force and effect as the original. Sec. 31. The provisions of this Act shall not apply to anyProvisions of Act not applicable to conscientious objector refusing duty, and person discharged for alienage.*Post*, p. 1304. conscientious objector who refused to perform military duty or refused to wear the uniform, or to any alien who was discharged from the military or naval forces prior to November 11, 1918, on account of his alienage. Title II.— Compensation and Treatment.Compensation and treatment. Sec. 200. For death or disability resulting from personal injuryOfficers, enlisted men, etc., entitled to, for injury incurred after April 6, 1917.Vol. 42, p. 1522.*Post*, p. 1304. suffered or disease contracted in the military or naval service on or after April 6, 1917, and before July 2, 1921, or for an aggravation or recurrence of a disability existing prior to examination, acceptance, and enrollment for service, when such aggravation was suffered and contracted in, or such recurrence was caused by, the military or naval service on or after April 6, 1917, and before July 2, 1921, by any commissioned officer or enlisted man, or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female)616when employed in the active service under the War Department or Payment to person or dependents.Navy Department, the United States shall pay to such commissioned officer or enlisted man, member of the Army Nurse Corps (female), or of the Navy Nurse Corps (female), or, in the discretion of the director, separately to his or her dependents, compensation as Misconduct exception.hereinafter provided; but no compensation shall be paid if the injury, disease, aggravation, or recurrence has been caused by his own willful *Provisos*.Paralysis, etc., allowance.misconduct: *Provided*, That no person suffering from paralysis, paresis, or blindness, or from constitutional lues requiring hospitalization, as the result of disease, shall be denied compensation while a patient in a Veterans’ Bureau hospital by reason of willful misconduct. Soundness on entrance inferred if in active service November 11, 1918.That for the purposes of this section every such officer, enlisted man, or other member employed in the active service under the War Department or Navy Department who was discharged or who resigned prior to July 2, 1921, and every such officer, enlisted man, or other member employed in the active service under the War Department or Navy Department on or before November 11, 1918, who on or after July 2, 1921, is discharged or resigns, shall be conclusively Recorded defects excepted.held and taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, disorders, or infirmities made of record in any manner by proper authorities of the United States at the time of, or prior to, inception of active service, to the extent to which any such defect, disorder, *Proviso*.Specified diseases developed prior to January 1, 1925, presumed as incurred in service.or infirmity was so made of record: *Provided*, That an ex-service man who is shown to have or, if deceased, to have had, prior to January 1, 1925, neuropsychiatric disease, an active tuberculous disease, paralysis agitans, encephalitis lethargica, or amoebic dysentery *Post*, p. 618.developing a 10 per centum degree of disability or more in accordance with the provisions of subdivision
(4)of section 202 of this Act shall be presumed to have acquired his disability in such service between April 6, 1917, and July 2, 1921, or to have suffered an aggravation of a preexisting neuropsychiatric disease, tuberculosis, paralysis agitans, encephalitis lethargica, or amoebic dysentery in such service between said dates, and said presumption shall be conclusive in cases of active tuberculous disease, but in all other cases said presumption shall be rebuttable by clear and convincing Claims may be allowed for disability later.evidence; but nothing in this proviso shall be construed to prevent a claimant from receiving the benefits of compensation and medical care and treatment for a disability due to these diseases of more than 10 per centum degree (in accordance with the provisions of subdivision (4), section 202, of this Act) on or subsequent to January 1, 1925, if the facts in the case substantiate his claim. Sec. 201. Allowances for death. That if death results from injury— Monthly compensation to relatives.*Post*, p. 1305.If the deceased leaves a widow or child, or if he leaves a mother or father either or both dependent upon him for support, the monthly compensation shall be the following amounts:
(a)Widow and children. If there is a widow but no child, $30.
(b)If there is a widow and one child, $40, with $6 for each additional child.
(c)If there is no widow, but one child, $20.
(d)If there is no widow, but two children, $30.
(e)If there is no widow, but three children, $40, with $5 for each additional child.
(f)Dependent parents. If there is a dependent mother (or dependent father), $20, or Limitation.Vol. 42, p. 1523, amended.both, $30. The amount payable under this subdivision shall not exceed the difference between the total amount payable to the widow and children and the sum of $75. Such compensation shall be payable whether the dependency of the father or mother or both arises before or after the death of the person, but no compensation shall be payable if the dependency arises more than five years after the death of the person. 617
(1)If death occur or shall have occurred subsequent to April 6,Burial expenses. 1917, and before discharge or resignation from the service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulation. Where a veteran of any war dies after discharge or resignation fromAllowances for burial expenses of veteran of any war. the service and does not leave sufficient assets to meet the expenses of his burial and the transportation of his body, and such expenses are not otherwise provided for, the United States Veterans’ Bureau shall pay the following sums: For a Hag to drape the casket, and after burial to be given to the next of kin of the deceased, a sum not exceeding $5; also for burial expenses, a sum not exceeding S100, to such person or persons as may be fixed by regulations: *Provided*,*Provisos*.Bureau beneficiaries. That when such person dies while receiving from the bureau compensation or vocational training, the above benefits shall be payable without reference to the indigency of the deceased: *Provided further*, That where such person, while receiving from the bureau medical,Beneficiaries dying away from home, allowances paid in addition to transportation of body, etc. surgical, or hospital treatment or vocational training, dies away from home and at the place to which he was ordered by the bureau, or while traveling under orders of the bureau, the above benefits shall be payable without reference to the indigency of the deceased and in addition thereto the actual and necessary cost of the transportation of the body of the person (including preparation of the body) to the place of burial within the continental limits of the United States, and including also, in the discretion of the director, the actualCost of attendant. and necessary cost of transportation of an attendant:No accrued pension to be deducted. *And provided further*, That no accrued pension or compensation due at the time of death shall be deducted from the sum allowed.
(2)The payment of compensation to a widow shall continue untilPayment to widow as dependent, continued. her death or remarriage, and the payment of compensation to a parent shall continue to the death of each parent.
(3)The payment of compensation to or for a child shall continuePayment to children. until such child reaches the age of eighteen years or marries, or if such child be permanently incapable of self-support by reason of mental or physical defect, then during such incapacity.
(4)Whenever the compensation payable to or for the benefit ofTermination of rates. any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries.
(5)As between the widow and the children not in her custody,Children not with mother. and as between children, the amount of compensation shall be apportioned as may be prescribed by regulation.
(6)The term “widow” as used in this section shall not includeWidow restriction. one who shall have married the deceased later than ten years after the time of injury, and shall include widower whenever his condition is such that if the deceased person were living he would have been dependent upon her for support.
(7)That this section shall be deemed to be in effect as of AprilEffective, April 6, 1917.*Provisos*.Receipt of pension, etc., on account of another person no bar to death payment.Deductions to be made. 6, 1917: *Provided, however*, That the receipt of a gratuity, pension, or compensation by widow, or parent, on account of the death of any person shall not bar the payment of compensation on account of the death of any other person: *Provided*, That before compensation under this section shall be paid there shall first be deducted from said sum so to be paid the amount of any payments made under any other law on account of the death or disability of the same person: *Provided, further*, That no changes in rates orChanges not retroactive. compensation made by this Act shall be retroactive in effect. 618 Sec. 202. Disability compensation.Total and temporary.Vol. 41, p. 373, amended.Monthly rates.Personal. That if disability results from the injury—
(1)If and while the disability is rated as total and temporary, the monthly compensation shall be the following amounts, payable monthly or semimonthly as the director may prescribe:
(a)If the disabled person has neither wife nor child living, $80.
(b)With dependents. If he has a wife but no child living, $90.
(c)If he has a wife and one child living, $95, and $5 for each additional child.
(d)If he has no wife and one child living, $90, with $5 for each additional child.
(e)If he has a mother or father, either or both dependent on him for support, then, in addition to the above amounts, $10 for each parent so dependent.
(2)Partial and temporary If and while the disability is rated as partial and temporary, Percentage basis of rate.the monthly compensation shall be a percentage of the compensation that would be payable for his total and temporary disability, equal to the dgree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum. Tubercular rating, on arrest of disease.That any ex-service man shown to have had a tubercular disease of compensable degree, and who has been hospitalized for a period of one year, and who in the judgment of the director has reached a condition of complete arrest of his disease, and who shall be discharged from further hospitalization, shall be rated as temporarily totally disabled, and such rating shall not be decreased within a period of six months.
(3)Total and permanent.*Provisos*.Specific disabilities so rated. If and while the disability is rated as total and permanent, the rate of compensation shall be $100 per month: *Provided, however*, That the permanent loss of the use of both feet or both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or becoming permanently helpless or permanently bedridden, shall Additional for blindness, etc.be deemed to be total, permanent disability: *Provided, further*, That the compensation for the loss of the use of both eves shall be $150 per month, and that compensation for the loss of the use of both eyes and one or more limbs shall be $200 per month: *Provided, further*, Double total disability.That for double total, permanent disability the rate of compensation shall be $200 per month. Rating for tuberculous disease as temporary total, for three years, if discharged from hospital without condition of arrest thereof.That any ex-service man shown to have a tuberculous disease of compensable degree, and who has been hospitalized for a period of one year, and who in the judgment of the director will not reach a condition of arrest by further hospitalization, and whose discharge from hospitalization will not be prejudicial to the beneficiary or his family, and who is not, in the judgment of the director, feasible for training, shall, upon his request, be discharged from hospitalization and rated as temporarily totally disabled, said rating to continue *Provisos*.Right for permanently total rating.for the period of three years: *Provided, however*, that nothing in this subdivision shall deny the beneficiary the right, upon presentation of satisfactory evidence, to be adjudged to be permanently and totally disabled.
(4)Partial and permanent.Computation of degree. If and while the disability is rated as partial and permanent, the monthly compensation shall be a percentage of the compensation that would be payable for his total and permanent disability equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum. Schedule of ratings for injuries to be adopted.A schedule of ratings of reductions in earning capacity from injuries or combinations of injuries shall be adopted and applied by the Based on impaired earning capacity.bureau. Ratings may be as high as 100 per centum. The ratings shall be based, as far as practicable, upon the average impairments619of earning capacity resulting from such injuries in civil occupations similar to the occupation of the injured man at the time of enlistment and not upon the impairment in earning capacity in each individual case, so that there shall be no reduction in the rate of compensation for individual success in overcoming the handicap of an injury. The bureau in adopting the schedule of ratings of reduction in earning capacity shall consider the impairment in ability to secure employment which results from such injuries. The bureau shallReadjustment to avoid injustice. from time to time readjust this schedule of ratings whenever actual experience shall show that it is unjust to the disabled veteran.
(5)If the disabled person is so helpless as to be in constant needNurse or attendant allowance. of a nurse or attendant, such additional sum shall be paid, but not exceeding $50 per month, as the director may deem reasonable.
(6)In addition to the compensation above provided, the injuredMedical services, surgical appliances, etc., to be furnished in addition to compensation.*Post*, p. 1306. person shall be furnished by the United States such reasonable governmental medical, surgical, and hospital services, including payment of court costs and other expenses incident to proceedings heretofore or hereafter taken for commitment of mentally incompetent persons to hospitals for the care and treatment of the insane, and shall be furnished with such supplies, including wheel chairs, artificial limbs, trusses, and similar appliances, as the director may determine to be useful and reasonably necessary, which wheel chairs, artificial limbs, trusses, and similar appliances may be procured by the bureau in such manner, either by purchase or manufacture, as the director may determine to be advantageous and reasonably necessary: *Provided*, That nothing in this act shall be construed to*Proviso*.Army or Navy status before discharge not affected. affect the necessary military control over any member of the Military or Naval Establishments before he shall have been discharged from the military or naval service.
(7)Where any disabled person having neither wife, child, norCompensation for patients in neuropsychiatric hospitals, etc.*Post*, p. 1307. dependent parent shall, after July 1, 1924, have been maintained by the bureau for a period or periods amounting to six months in a neuropsychiatric hospital or hospitals, and shall be deemed by the director to be permanently insane, the compensation for such person shall thereafter be $20 per month so long as he shall thereafter be maintained by the bureau in a neuropsychiatric hospital or hospitals; and such compensation may, in the discretion of the director, be paid to the chief officer of said hospital to be used for the benefit of such patient: *Provided, however*, That if such patient shall recover*Proviso*.Additional allowance on recovery. his reason and shall be discharged from such hospital as cured, an additional amount of $60 per month shall be paid to him for each month the rate of compensation was reduced as provided by this subdivision. The compensation of any inmate of an asylum or hospital for thePayment to hospital for use of insane. insane, or any part thereof, may, in the discretion of the director, be paid to the chief officer of said asylum or hospital to be used for the benefit of such inmate. After June 30, 1927, the monthly rate of compensation for allRate for veterans in hospitals after June 30, 1927, if without dependents. veterans (other than those totally and permanently disabled), who are being maintained by the bureau in a hospital of any description and who are without wife, child, or dependent parent, shall not exceed $40.
(8)The director shall prescribe by regulation the conditions andAllotments from persons in hospitals.Vol. 42, p. 151, amended. limitations whereby all patients or beneficiaries of the bureau who are receiving treatment through the bureau as patients in a hospital may allot any proportion or proportions or any fixed amount or amounts of their monthly compensation for such purposes and for the benefit of such person or persons as they may direct. In case such patient has not allotted three-fourths of his monthlyUnallotted portion of compensation may be deposited in the Treasury. compensation and in case the director shall find that by gross dissipation he is retarding his own progress to recovery, then regulations620to be made by the director may provide that (except in the case of neuropsychiatric patients who are within the terms of the first paragraph of subdivision
(7)hereof) any unallotted portion of such three-fourths compensation shall be deposited to the patients’ credit with the Treasurer of the United States to accumulate at such rate of interest as the Secretary of the Treasury may determine but Payment on discharge or death.at a rate never less than 3½ per centum per annum, and when such patient shall be discharged by the bureau from hospital care, the said deposit and interest shall be paid to such patient if living, otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to the executor or administrator *Proviso*.Allowance for funeral expenses, etc.of the estate of such deceased person: *Provided*, That this paragraph shall not be so construed as to prevent payment by the bureau from the amounts due to the decedent’s estate of his funeral expenses, expenses of last illness, board, rent, lodging, or other household expenses for which the decedent is liable, provided a claim therefor is presented by the creditors or by the person or persons who actually paid the same before settlement by the bureau. Investment of deposits.The Secretary of the Treasury is hereby authorized to invest and reinvest the said allotments deposited with him, or any part thereof, in interest-bearing obligations of the United States and to sell the obligations for the purposes of said funds.
(9)Free treatment to discharged persons disabled, etc., in active service since April 6, 1917, and before July 2, 1921.*Post*, p. 1307. In addition to the care, treatment, and appliances now authorized by law, said bureau also shall provide, without charge therefor, hospital, dental, medical, surgical, and convalescent care and treatment and prosthetic appliances for any member of the military or naval forces of the United States, not dishonorably discharged, disabled by reason of any wound or injury received or disease contracted, or by reason of any aggravation of a preexisting injury or disease, specifically noted at examination for entrance into or employment in the active military or naval service while in the active military or naval service of the United States on or after April 6, 1917, and *Provisos*.If disability not caused by willful misconduct.before July 2, 1921: *Provided*, That the wound or injury received or disease contracted or aggravation of a preexisting injury or disease, for which such hospital, dental, medical, surgical, and convalescent care and treatment and prosthetic appliances shall be furnished, was incurred in the military or naval service and not caused by hBeneficiary may be reimbursed for immediate emergency treatment for which no Bureau facilities then available.is own willful misconduct: *Provided*, That where a beneficiary of the bureau suffers or has suffered an injury or contracted a disease in service entitling him to the benefits of this subdivision, and an emergency develops or has developed requiring immediate treatment or hospitalization on account of such injury or disease, and no bureau facilities are or were then feasibly available and in the judgment of the director delay would be or would have been hazardous, the director is authorized to reimburse such beneficiary the reasonable value of such service received from sources other than the bureau.
(10)Hospital facilities, etc., available for Spanish War, etc., veterans with specified diseases. That all hospital facilities under the control and jurisdiction of the bureau shall be available for every honorably discharged veteran of the Spanish-American War, the Philippine Insurrection, the Boxer rebellion, or the World War suffering from neuropsychiatric or tubercular ailments and diseases paralysis agitans, encephalitis lethargica or amoebic dysentery, or the loss of sight of both eyes regardless whether such ailments or diseases are due to military service or otherwise, including traveling expenses as granted to those receiving compensation and hospitalization under this act. To veterans of any war, etc., since 1897, if not dishonorably discharged.The director is further authorized, so far as he shall find that existing Government facilities permit, to furnish hospitalization and necessary traveling expenses to veterans of any war, military occupation, or military expedition since 1897, not dishonorably discharged without621regard to the nature or origin of their disabilities: *Provided*, That*Proviso*.Preference to needy veterans. preference to admission to any Government hospital for hospitalization under the provisions of this subdivision shall be given to those veterans who are financially unable to pay for hospitalization and their necessary traveling expenses.*Post*, p. 1308.
(11)The director shall have the same power, and shall be subjectSale of surplus supplies, etc.Vol. 42, p. 666, amended. to the same limitations, in the sale of surplus or condemned supplies, material, and other personal property as now pertains to the Secretary of War. The Director is authorized to make regulationsDisposal of articles made by patients. governing the disposal of articles produced by patients of such bureau in the course of their curative treatment, or to allow the patients to sell or to retain such articles.
(12)Where the disabled person is a patient in a hospital orApportionment of compensation if parties not living together. where for any other reason the disabled person and his wife are not living together, or where the children are not in the custody of the disabled person, the amount of the compensation shall be apportioned as may be prescribed by regulations.
(13)The term “wife” as used in this section shall includeAllowance to dependent husband. “husband” if the husband is dependent upon the wife for support.
(14)That the bureau is authorized to furnish transportation,Transportation, medical services, etc., to discharged members of allied forces.Vol. 41, p. 374. also the medical, surgical, and hospital services and the supplies and appliances provided by subdivision
(6)hereof, to discharged members of the military or naval forces of those governments which have been associated in war with the United States since April 6, 1917, and come within the provisions of laws of such governments similar to this Act, at such rates and under such regulations as the director may prescribe; and the bureau is herebyUtilization of similar services by allied governments to American forces. authorized to utilize the similar services, supplies, and appliances provided for the discharged members of the military and naval forces of those governments which have been associated in war with the United States since April 6, 1917, by the laws of such governments similar to this Act, in furnishing the discharged members of the military and naval forces of the United States who five within the territorial limits of such governments and come within the provisions of subdivision
(6)hereof, with the services, supplies, and appliances provided for in such subdivision;Funds available. and any appropriations that have been or may hereafter be made for the purpose of furnishing the services, supplies, and appliances provided for by subdivision
(6)hereof are hereby made available for the payment to such governments or their agencies for the services, supplies, and appliances so furnished at such rates and under such regulations as the director may prescribe.
(15)That any person who is now receiving a gratuity or pensionOther pensions, etc., to be surrendered. from the United States under existing law shall not receive compensation under this section unless he shall first surrender all claim to further payments of such gratuity or pension, except as providedException. in subdivision 7 of section 201.*Ante*, p. 617.
(16)No compensation hereunder shall be paid for the periodNo compensation If receiving rehabilitation support, etc.*Post*, p. 627. during which any such person is being furnished by the bureau a course of vocational rehabilitation and support as authorized in Title IV hereof: *Provided, however*, That in the event any person*Proviso*.Equalization of payments. pursuing a course of vocational rehabilitation is entitled under Title II of this Act to compensation in an amount in excess of the payments made to him under Title IV hereof for his support and the support of his dependents, if any, the bureau shall pay monthly to such person such additional amount as may be necessary to equal the total compensation due under Title II hereof.
(17)That no changes in rates of compensation made by thisChanged rates not retroactive. Act shall be retroactive in effect. 622 Sec. 203. Medical examinations of applicants or beneficiaries. That every person applying for or in receipt of compensation for disability under the provisions of this title and every person applying for treatment under the provisions of subdivisions Vol. 40, p. 406, amended.(9) or
(10)of section 202 hereof, shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the director. Payment for expenses.He may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations he shall, in the discretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in Rights suspended if examinations refused.order to submit to such examination. If he shall neglect or refuse to submit to such examination, or shall in any way obstruct the same, his right to claim compensation under this title shall be suspended until such neglect, refusal, or obstruction ceases. No compensation shall be payable while such neglect, refusal, or obstruction continues, and no compensation shall be payable for the intervening period. Sec. 204. Subsequent medical treatment.Vol. 40, p. 407. Every person in receipt of compensation for disability shall submit to any reasonable medical or surgical treatment furnished by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment shall not be deemed to result from the injury compensated for. Sec. 205. Review of awards.Vol. 40, p. 407, amended. Upon its own motion or upon application the bureau may at any time review an award and, in accordance with the facts found upon such review, may end, diminish, or increase the compensation previously awarded, or, if compensation is increased, or if compensation has been refused, reduced, or discontinued, may (subject to the provisions of section 210 hereof) award compensation in proportion to the degree of disability sustained as of the date such degree of disability began, but not earlier than the Reductions not retroactive, except for fraud.Time effective.date of discharge or resignation. Except in cases of fraud participated in by the beneficiary, no reduction in compensation shall be made retroactive, and no reduction or discontinuance of compensation shall be effective until the 1st day of the third calendar month next succeeding that in which such reduction or discontinuance is determined. Sec. 206. Compensation not payable unless disability occurred prior to, or within a year after, discharge.Exceptions. That no compensation shall be payable for death or disability which does not occur prior to or within one year after discharge or resignation from the service, except as provided in section 200 of this Act, and except where there is an official record of the injury during service or at the time of separation from active service, or where within one year from the approval of this Act, satisfactory evidence is furnished the bureau to establish that the Restriction removed if official record of its existence.injury was suffered or aggravated during active service. Where there is official record of injury during service compensation shall be payable in accordance with the provisions of this title, for death or disability whenever occurring, proximately resulting from such injury. Sec. 207. Death to be officially recorded. That compensation shall not be payable for death in the course of the service until the death be officially recorded in Restriction on “missing.”the department under which the person may be serving. No compensation shall be payable for a period during which the man has been reported “missing” and a family allowance has been paid for him under the provisions of Article It of the Act of October 6, 1917. Sec. 208. Death for crimes excluded.Vol. 40, p. 407, amended.Courts martial dismissals, etc.*Post*, p. 1308. That no compensation shall be payable for death inflicted as a lawful punishment for crime or military offense except when inflicted by the enemy. A dismissal or discharge by sentence of court-martial from the service shall bar and terminate all right to any compensation under the provisions of this title for the period of service from which such discharge is given. 623 Sec. 209. That no compensation shall be payable and that (exceptTime limit for presenting claims.Exception.*Ante*, p. 622.Vol. 40, p. 407, amended. as provided by subdivision
(10)of section 202 hereof) no treatment shall be furnished unless a claim therefore be filed in case of disability within five years after discharge or resignation from the service, or, in case of death during the service, within five years after such death is officially recorded in the department under which he may be serving: *Provided, however*, That where compensation is payable*Proviso*.Death, etc., after discharge. for death or disability occurring after discharge or resignation from the service, claim must be made within five years after such death or the beginning of such disability. The time herein provided may be extended by the director notExtension permitted. to exceed two years for good cause shown. If at the time thatFor minors, etc. any right accrues to any person under the provisions of this title such person is a minor, or is of unsound mind or physically unable to make a claim, the time herein provided shall not begin to run until such disability ceases. Sec. 210. That no compensation shall be payable for any periodBack payments restricted.Vol. 40, p. 408, amended. more than one year prior to the date of claim therefor, nor shall increased compensation be awarded to revert back more than six months prior to the date of claim therefor. Except in case of fraud participated in by the beneficiary, no reduction in compensation shall be made retroactive. Sec. 211. Compensation because of disability or death of membersCompensation to female nurses to be in lieu of that for injuries to Government employees.Vol. 39, p. 742. of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) shall be in lieu of any compensation for such disability or death under the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,” approved September 7, 1916. Sec. 212. This Act is intended to provide a system for the reliefPurpose of Act. of persons who were disabled, and for the dependents of those who died as a result of disability suffered in the military service of the United States between April 6, 1917, and July 2, 1921. For suchOther pensions, etc., laws not applicable. disabilities and deaths no other pension laws or laws providing for gratuities or payments in the event of death in the service shall be applicable: *Provided, however*, That the laws relating to the*Provisos*.Retirement laws excepted. retirement of persons in the regular military or naval service shall not be considered to be laws providing for pensions, gratuities, or payments within the meaning of this section: *And provided further*, ThatNo payment if in active or retired service. compensation under this title shall not be paid while the person is in receipt of active service or retirement pay. Titles II and IV ofService period not applicable to compensation and rehabilitation. this Act shall not be applicable to any disability or resultant death in the service if such disability occurred as a result of service prior to April 6, 1917, or after July 2, 1921. Sec. 213. That where any beneficiary of this bureau suffers orBenefits for injuries, etc., resulting from training, etc.*Post*, p. 1308. has suffered an injury or an aggravation of an existing injury as the result of training, hospitalization, or medical or surgical treatment, awarded to him by the director and not the result of his misconduct, and such injury or aggravation of an existing injury results in additional disability to or the death of such beneficiary, the benefits of this title shall be awarded in the same manner as though such disability, aggravation, or death was the result of military service during the World War. The benefits of this section shall beIn lieu of that under injuries to Government employees.Vol. 39, p. 742. in lieu of the benefits under the Act entitled ‘An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,’ approved September 7, 1916; and from any payments due hereunderDeductions if payments come from other persons. shall be deducted all amounts paid by any person other than United States as damages or compensation for such injury, aggravation, or death: *Provided*, That application be made for such benefits*Proviso*.Time for application. within624one year after such injury or aggravation was suffered or such death occurred or after the passage of this Act or whichever is the latest date. Title III.—Insurance. Insurance. Sec. 300. Granted to all persons under service of War or Navy Department, upon application.Vol. 40, p. 409, amended*Post*, p. 1308. That in order to give to every commissioned officer and enlisted man and to every member of the Army Nurse Corps (female) and of the Navy Nurse Corps (female) when employed in active service under the War Department or Navy Department protection for themselves and their dependents, the United States, upon application to the bureau and without medical examination, shall grant insurance in such form or forms as is prescribed in section 301 hereof, against the death or total permanent disability of any such person m any multiple of $500, and not less than $1,000 or Time for making.more than $10,000, upon the payment of the premiums as hereinafter provided. Such insurance must be applied for within one hundred and twenty days after enlistment or after entrance into or employment in the active service and before discharge or resignation. Beneficiaries.The insurance shall be payable only to a spouse, child, grandchild, parent, brother, sister, uncle, aunt, nephew, niece, brother-in-law or sister-in-law, or to any or all of them, and also during total and permanent disability to the injured person. Expenses borne by United States.The United States shall bear the expenses of administration and the excess mortality and disability cost resulting from the hazards Premium rates.of war. The premium rates shall be the net rates based upon the American Experience Table of Mortality and interest at 3½ per centum per annum. Sec. 301. Conversion of term insurance.Vol. 42, p. 155.*Post*, p. 1309. Not later than July 2, 1926, all term insurance held by persons who were in the military service after April 6, 1917, shall be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the Conversion rights.insured may request. Regulations shall provide for the right to convert into ordinary life, twenty-payment life, endowment maturing at age sixty-two, and into other usual forms of insurance, and shall prescribe the time and method of payment of the premiums thereon, but payments of premiums in advance shall not be required for periods of more than one month each and may be deducted from the pay or deposit of the insured or be otherwise made at his election. Term insurance to cease July 2, 1926.All term insurance shall cease on July 2, 1926, except when death or total permanent disability shall have occurred before July 2, 1926. Insurance matured by total disability.In case where an insured whose yearly renewable term insurance has matured by reason of total permanent disability is found and declared to be no longer permanently and totally disabled, and where the insured is required under regulations to renew payment of premiums on said Renewal authorized if no longer disabled.term insurance, and where this contingency is extended beyond the period during which said yearly renewable term insurance otherwise must be converted, there shall be given such insured an additional period of two years from the date on which he is required to renew payment of premiums in which to convert said term insurance as hereinbefore provided. Optional lump sum, etc., payments.The bureau may make provision in the contract for converted insurance for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or Other installment periods.in installments for thirty-six months or more. The bureau may also include in said contract a provision authorizing the beneficiary to elect to receive payment of the insurance in installments for thirty-six months or more, but only if the insured has not exercised the right of election as hereinbefore provided; and even though the insured may have exercised his right of election, the said contract625may authorize the beneficiary to elect to receive such insurance in installments spread over a greater period of time than that selected by the insured. Sec. 302. Whenever benefits under United States GovernmentBenefits due on account of extra hazard, to be paid by United States.Vol. 42, p. 155. life insurance (converted insurance) become, or have become, payable because of total permanent disability of the insured or because of the death of the insured as a result of disease or injury traceable to the extra hazard of the military or naval service, as such hazard may be determined by the director, the liability shall be borne by the United States, and the director is hereby authorized andTransfer from appropriations to insurance fund for. directed to transfer from the military and naval insurance appropriation to the United States Government life-insurance fund a sum which, together with the reserve of the policy at the time of maturity by total permanent disability or death, will equal the then value of such benefits. When a person receiving totalReduced insurance allowed on recovery from total disability. permanent disability benefits under a United States Government life policy (converted policy), recovers from such disability, and is then entitled to continue a reduced amount of insurance, the director is hereby authorized and directed to transfer to the militaryTransfer of funds. and naval insurance appropriation all of the loss reserve to the credit of such policy claim except a sum sufficient to set up the then required reserve on the reduced amount of the insurance that may be continued, which sum shall be retained in the United States Government life-insurance fund for the purpose of such reserve. Sec. 303. If no person within the permitted class of beneficiariesPayment to estate, if no surviving beneficiaries.*Post*, p. 1310. survive the insured, or if before the completion of payments the beneficiary or beneficiaries shall die and there be no surviving person within said permitted class, then there shall be paid to the estate of the insured the present value of the monthly installments thereafter payable under the provisions of this title: *Provided*, That in*Proviso*.Escheat to United States, etc. cases where the estate of the insured would escheat under the laws of the place of his residence the insurance shall not be paid to the estate of the insured, but shall escheat to the United States and shall be credited to the United States Government life-insurance fund or the military and naval insurance appropriation, as may be proper. ThisEffective October 6, 1917. section shall be deemed to be in effect as of October 6, 1917. Sec. 304. In the event that all provisions of the rules andReinstated insurance.Approval of application without medical examination.Vol. 42, p. 1525, amended.*Post*, p. 1310. regulations other than the requirements as to the physical condition of the applicant for insurance have been complied with, and application for reinstatement, in whole or in part, of lapsed or canceled yearly renewable term insurance or United States Government life insurance (converted insurance) hereafter made may be approved if made within one year after the passage of this Act or within two years after the date of lapse or cancellation: *Provided*, That the*Provisos*.If disabled in World War service. applicant’s disability (if any) is the result of an injury or disease, or of an aggravation thereof, suffered or contracted in the active military or naval service during the World War: *Provided further*, That the applicant during his lifetime submits proof satisfactoryProof required of origin of disability. to the director showing the service origin of the disability or aggravation thereof and that the applicant is not totally and permanently disabled. As a condition, however, to the acceptance of an Back premiums to be paid.application for the reinstatement of lapsed or canceled yearly renewable term insurance, where the requirements as to the physical condition of the applicant have not been complied with, or, for the reinstatement of United States Government life insurance (converted insurance) in any case, the applicant shall be required to pay all the back monthly premiums which would have become payable if such insurance had not lapsed, together with interest of the rate of 5 per centum per annum, compounded annually, on each premium626from the date said premium is due by the terms of the policy: *Provided further*, None allowed after July 2, 1926.That no term insurance shall be reinstated after July 2, 1926. Sec. 305. Payment for insurance lapsed while suffering compensable disability.Vol. 42, p. 1525, amended. Where any person has heretofore allowed his insurance to lapse while suffering from a compensable disability for which compensation was not collected and dies or has died, or becomes or has become permanently and totally disabled and at the time of such death or permanent total disability was or is entitled to compensation Computations.remaining uncollected, then and in that event so much of Vol. 41, p. 373.his insurance as said uncollected compensation, computed in all cases at the rate provided by section 302 of the War Risk Insurance Amounts authorized.Act as amended December 24, 1919, would purchase if applied as premiums when due, shall not be considered as lapsed; and the United States Veterans’ Bureau is hereby authorized and directed to pay to said soldier, or his beneficiaries as the case may be the amount of said insurance less the unpaid premiums and interest thereon at 5 per centum per annum compounded annually in installments as provided by law. Sec. 306. Premiums.Dates for payments of, may be waived. The bureau is authorized to make provisions in accordance with regulations, whereby the payment of premiums on yearly renewable term insurance and United States Government Vol. 42, p. 1526, amended.life insurance (converted insurance) on the due date thereof may be waived and the insurance may be deemed not to lapse in the cases While confined in hospital.of the following persons, to wit:
(a)Those who are confined in hospital under said bureau for a compensable disability during the For temporary total disability.period while they are so confined;
(b)those who are rated as temporarily totally disabled by reason of any injury or disease entitling them to compensation during the period of such total Mentally incompetent, with no guardian.disability and while they are so rated;
(c)those who, while mentally incompetent and for whom no legal guardian had been or has been appointed, allowed or may allow their insurance to lapse while such rating is effective during the period for which they have been or hereafter may be so rated, or until a guardian has notified the Made without application.bureau of his qualification, but not later than six months after appointment as guardian, the waiver in such cases to be made *Provisos*.Extent of time allowed.without application and retroactive when necessary: *Provided*, That such relief from payment of premiums on yearly renewable term insurance on the due date thereof shall be for full calendar months, beginning with the month in which said confinement to hospital, temporary total disability rating, or in cases of mental incompetents for whom no guardian has been appointed with the month in which such rating or mental incompetency began or begins and ending with that month during the half or major fraction of which the person is confined in hospital is rated as temporarily totally disabled or had or has no legal guardian while rated as mentally incompetent or until a guardian has notified the bureau of his qualification, but Interest on waived premiums.not later than six months after appointment as guardian: *Provided further*, That all premiums the payment of which when due is waived as above provided shall bear interest at the rate of 5 per centum per annum, compounded annually from the due date of each Deducted at maturity.premium, and if not paid by the insured shall be deducted from the insurance in any settlement thereunder or when the same matures either because of permanent total disability or death: *And provided further*, Transfer from insurance fund to meet lien, etc., against policies of converted insurance.That in the event any lien or other indebtedness established by this Act exists against any policy of converted insurance in excess of the then cash surrender value thereof at the time of the termination of such policy of converted insurance for any reason other than by death or total permanent disability the director is hereby authorized to transfer and pay from the military or naval insurance appropriation to the United States Government life insurance fund627a sum equal to the amount such lien or indebtedness exceeds the then cash surrender value. Sec. 307. All such policies of insurance heretofore or hereafterPolicies incontestable after six months. issued shall be incontestable after the insurance has been in force six months from the date of issuance or reinstatement, except forException.*Ante*, p. 613. fraud or nonpayment of premiums and subject to the provisions of section 23: *Provided*, That a letter mailed by the bureau to the*Provisos*.Mailing deemed notice of contest. insured at his last known address informing him of the invalidity of his insurance shall be deemed a contest within the meaning of this section: *Provided further*, That this section shall be deemed toEffective April 6, 1917. be in effect as of April 6, 1917. Title IV. Vocational rehabilitation. Sec. 400. That every person who was enlisted, enrolled, drafted,Benefits extended to additional disabled persons. inducted, or appointed in the military or naval forces of the United States, including members of training camps authorized by law andVol. 41, p. 159, amended. who, has resigned or has been discharged or furloughed therefrom, having a disability incurred, increased, or aggravated after April 6, 1917, and before July 2, 1921, in the military or naval service and not the result of his own willful misconduct, while a member of such forces, or later developing a disability traceable in the opinion of the director to service during said period with such forces, and not the result of his own willful misconduct, and who, in the opinion of the director, is in need of vocational rehabilitation to overcome the handicap of such disability, shall be furnished by the bureau,Course to be furnished. where vocational rehabilitation is feasible, such course of vocational rehabilitation as the bureau shall prescribe and provide: *Provided*,*Proviso*.No course commenced under original Act terminated. That nothing in this section shall operate to terminate any course of vocational training heretofore prescribed and actually commenced under the Vocational Rehabilitation Act as originally enacted and subsequently amended where such course was actually commenced prior to the approval of this Act. Sec. 401. The bureau shall have the power, and it shall be itsCourses to be furnished. duty until June 30, 1926, to furnish the persons included in sectionVol 41, p. 159, amended. 400 hereof suitable courses of vocational rehabilitation, to be prescribed and provided by the bureau; and every person electing toPayments for maintenance and dependents. follow such a course of vocational rehabilitation shall, while following the same, be paid by the bureau monthly or semimonthly as theVol. 41, p. 1021, amended. director may prescribe such sum as in the judgment of the director is necessary for his maintenance and support and for the maintenance and support of persons depending upon him, if any: *Provided, however*,*Proviso*.Maximum allowed. That in no event shall the sum so paid such person while pursuing such course be more than $80 per month for a single man without dependents, or for a man with dependents $100 per monthAdditional for family. plus the following family allowances:
(a)If there is a wife, but no child, $15.
(b)If there is a wife and one child, $25, with $5 per month additional for each additional child.
(c)If there is no wife, but one child, $10.
(d)If there is no wife, but two children, S15, with $5 per month additional for each additional child. That the bureau may pay, subject to the conditions and Increase of allowance permitted to meet higher living costs.limitations prescribed by this title, to all trainees undergoing training hereunder, residing where the cost of maintenance and support is above the average and comparatively high, in lieu of the monthly payments for maintenance and support prescribed by this title, such sum as in the judgment of the director is necessary for the trainee’s maintenance and support and for the maintenance and support of persons dependent upon him, if any: *Provided, however*,*Provisos*.Limitations. That in no event shall the sum so paid such person while pursuing628such course be more than $100 per month for a single man without dependents or for a man with dependents $120 per month, plus the several sums prescribed as family allowances under this section: *Provided further*, Discretionary payments for dependents.That payments for the support and maintenance of persons dependent upon any trainee of the bureau as provided herein may, in the discretion of the director, be paid either direct to such dependent or dependents or to the trainee upon whom they are dependent. Sec. 402. Training extended to other discharged disabled persons. That until June 30, 1926, the courses of vocational training provided for under this Act shall, as far as practicable, and under such conditions as the director may prescribe, be made available without cost for instruction for the benefit of any person who is disabled under circumstances entitling him, after discharge from the military or naval forces of the United States, to compensation under Title II hereof and who is not included in section 400 hereof. Sec. 403. Benefits to be used within reasonable time. That no person who has been declared eligible for training under the provisions of this title, for whom training has been prescribed, and who has been notified by the bureau to begin training, shall be eligible to the benefits of this title in the event of his failure to commence training within a reasonable time after *Provisos*.Time extended for physical incapacity.notice has been sent such person by the bureau: *Provided further*, That, except when such failure is due, in the opinion of the director, to physical incapacity, such time shall not be longer than twelve months after notice shall have been given for persons declared Training to commence by June 30, 1925.eligible and notified to begin training: *And provided further*, That no training shall be furnished to any person under any of the provisions of this title unless such person shall actually commence such training on or before June 30, 1925. Sec. 404. Test of rehabilitation.Allowance continued for two months after. The test of rehabilitation shall be employability, to be determined by the director. The allowance for maintenance and support provided by this title shall be payable for two months after the employability of the rehabilitated person is determined, and thereupon all duty and obligation of the United States toward such person with respect to his vocational rehabilitation shall cease and determine. Sec. 405. Granted only for applications made prior to June 30, 1923. That vocational training provided by this Act shall be granted to persons entitled under the provisions of said title only where application therefor has been made on or prior to June 30, 1923. Sec. 406. No training, etc., after June 30, 1926. That no vocational training shall be granted or continued to any person whatsoever after June 30, 1926, and no *Post*, p. 1311.training allowance shall thereafter be paid to any person. Title V.—Penalties. Penalties. Sec. 500. Payment to attorneys limited.*Post*, p. 1311. That payment to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers in any application to the bureau shall not exceed §10 in any one case. Punishment for receiving, etc., 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 *Provisos*.Actions at law excepted.fine and imprisonment: *Provided*, That the provisions of this section shall not apply to professional services required in the prosecution of any action in any court of law. Sec. 501. Punishment for false statements in claims, etc. That whoever in any claim for compensation, insurance, or maintenance and support allowance, or in any document required629by this Act, or by regulation made under this Act, makes any sworn statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. Sec. 502. That if any person entitled to payment of compensation,Punishment for receiving payments after right therefor ceases. or maintenance and support allowance under this Act, whose right to such payment under this Act ceases upon the happening of any contingency, thereafter fraudulently accepts any such payment, he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both. Sec. 503. That whoever shall obtain or receive any money,Punishment for fraudulently receiving money, etc.*Post*, p. 1311. check, compensation, insurance, or maintenance and support allowance under Titles II, III, or IV of this Act without being entitled thereto, with intent to defraud the United States or any person in the military or naval forces of the United States, shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both. Sec. 504. Any person who shall knowingly make or cause to bePresenting false statements, affidavits, etc., in claims for compensation, a misdemeanor.*Post*, p. 1312. made, or conspire, combine, aid, or assist in, agree to, arrange for, or in anywise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper or writing purporting to be such, concerning any claim or the approval of any claim for compensation or the payment of any money, for himself or for any other person, under Title II hereof, shall forfeit all rights, claims, and benefits under such Title II, and in addition to any and all other penalties imposed by law shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for notPunishment for. more than one year, or by both such fine and imprisonment, for each*Post*, p. 1312. such offense. Title VI.— Miscellaneous ProvisionsMiscellaneous. Sec. 600. The following Acts are hereby repealed, subject to theActs repealed. limitations provided in section 602 of this title:
(1)An Act entitled “An Act to authorize the establishment of aWar Risk Insurance Bureau.Vol. 38, p. 711 Bureau of War Risk Insurance in the Treasury Department,” approved September 2, 1914.
(2)An Act entitled “An Act to amend an Act entitled ‘An ActAmending War Risk Bureau Act.Vol. 39, p. 514. to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,’ approved September 2, 1914,” approved August 11, 1916.
(3)An Act entitled “An Act to amend an Act entitled ‘An Act toVol. 39, p. 1131. authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,’ approved September 2, 1914,” approved March 3, 1917.
(4)An Act entitled “An Act to amend an Act entitled ‘An Act to Vol. 40, p. 102.authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,’ approved September 2, 1914, and for other purposes,” approved June 12, 1917.
(5)An Act entitled “An Act to amend an Act entitled ‘An Act toVol. 40, p. 398. authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,’ approved September 2, 1914, and forExcepting injuries by other persons and widows’ pension.Vol. 40, p. 408. other purposes,” approved October 6, 1917; saving and excepting from repeal sections 313 and 314 of Article III of said Act.
(6)An Act entitled “An Act to amend the War Risk InsuranceVol. 40, p. 897. Act,” approved July 11, 1918. Sec. 601. That the following Acts are hereby repealed. TheActs repealed.Sections in lieu of. sections of this codification herein applicable thereto shall be in630force in lieu thereof, subject to the limitations contained in this title.
(1)War Risk Insurance Act.Vocational Rehabilitation Act.Veterans’ Bureau Act. The War Risk Insurance Act as amended.
(2)The Vocational Rehabilitation Act as amended.
(3)The Act entitled “An Act to establish a Veterans’ Bureau and to improve the facilities and service of such bureau, and. further, to amend and modify the War Risk Insurance Act.” Sec. 602. Accrued rights, etc., not affected by repealing provisions. The repeal of the several Acts as provided in sections 600 and 601 hereof shall not affect any act done or any right or liability accrued, or any suit commenced before the said repeal, but all such rights and liabilities under said Acts shall continue and may be enforced in the same manner as if said repeal had not been made; nor shall said repeal in any manner affect the right to any office or change the term or tenure thereof. Sec. 603. Punishment of prior offenses, etc., continued. All offenses committed and all penalties or forfeiture incurred under any law embraced in this codification prior to said repeal may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made. Sec. 604. Limitations of prior laws not affected. All Acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses embraced in this codification and covered by said repeal, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. Sec. 605. Invalidity of any clause, etc., not to affect remainder of Act. That if any clause, section, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment has been rendered. Approved, June 7, 1924.
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