Public Law 319.
4,263 words·~19 min read·
/statutes-at-large/vol-49/public-law-319·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/bill/74/pl/318).] *Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled*,District of Columbia.Care of needy blind, authorized. That the Board of Commissioners of the District of Columbia (hereinafter called the “Board”) is hereby authorized and directed to enforce the provisions of this Act for the purpose of maintaining, supporting, and caring Qualifications.for needy blind persons who are residents of the said District of Columbia, citizens of the United States, and not inmates of any institution supported in whole or in part by the Federal or District Powers of Commissioners.Governments, and said Board shall have the power to make and enforce all proper rules and regulations therefor, including the definitions of “blindness” and of “needy individuals” and the power *Ante*, p. 629.to make and require any reports required by the Federal Social Security Board or otherwise authorized or required by law.
The said Board may entrust the carrying out of the provisions of this Act, or any of them, to any agency of the Government of the District of Columbia which said Board may designate. Sec. 2. “Needy blind person” defined. As used in this Act, the term “needy blind person” shall be construed to mean any person who by reason of the loss or impairment of eyesight is of such condition that he cannot be rehabilitated for self-support through the facilities offered by the Vocational Rehabilitation Service for the District of Columbia, United States Office of Education, and who is unable to provide himself with the necessities of life and who has not sufficient means of his own to maintain himself and who is otherwise qualified as further set forth in this Act, and nothing in this Act shall prevent any blind person in sound mental and physical condition who is an inmate of an institution for the care of the indigent from applying for the benefits under this Act on the condition that they leave such institution upon the granting of such relief.
Sec. 3. Age and residence requirements. In order that any person who shall have become blind while a resident of the District of Columbia may be entitled to aid under the provisions of this Act such person must be at least sixteen years of age and a resident of the District of Columbia for one year next preceding his application for aid hereunder: *Provided*, That in order *Provisos*.When blindness originating while not a resident.that any person whose blindness originated while he was not a resident745 of the District of Columbia may be entitled to aid hereunder, such person must be at least twenty-one years of age and must have been a bona fide resident of the District of Columbia for a period of five years during the nine years immediately preceding the filing of his application for aid hereunder and must Have resided in the District of Columbia continuously for at least one year immediately preceding the date of the application: *And, provided further*, That nothing inLiability of certain persons to provide for poor relatives not affected. this Act shall be construed to repeal or render void, so far as blind persons are concerned, any existing statutes which create or define a liability on the part of certain persons to support and provide for poor relatives.
Sec. 4. To receive aid under this Act, the applicant shall file hisFiling, etc., applications. application with the Board or its designated agency, accompanied by an affidavit signed by himself stating his age, sex, places of residence during the period stipulated in the District of Columbia, his financial resources, and incomes, the name and address of his next of kin, degree of blindness, how long blind, what employment he has had, his general physical condition, and such other information as the Board or its designated agency may designate.
Sec. 5. No aid shall be granted hereunder until the Board or itsInvestigation and examination as to applicant’s qualifications. designated agency is satisfied from the evidence of at least two reputable citizens of the District of Columbia that they know the applicant has the residential qualifications to entitle him to the aid asked for, and from the evidence of a duly licensed and practicing oculist whose duty it shall be to describe the condition of the applicant’s eyes and to testify to his blindness, which evidence shall be in writing subscribed to by such witnesses, subject to the right of cross-examination by either the Board or its designated agency; and if the Board or its designated agency is satisfied by such testimony that the applicant is entitled to aid hereunder, it shall, without delay, allow such sum as it finds needed: *Provided*, That no aid shall be*Provisos*.Persons receiving old-age assistance. furnished any individual with respect to any period with respect to which he is receiving old-age assistance: *Provided further*, ThatBlind dependent child. in the case of a blind dependent child living with its parents or parent such aid shall not exceed $30 per month: *And provided further*, That any agency designated by the Board hereunder shallReports and appeals. transmit to the Board a record of its actions in granting or refusing to grant aid to each blind applicant, and any blind applicant who is dissatisfied with the finding of such agency regarding his application for aid, may appeal to the Board who shall grant such applicant a full hearing, after reasonable notice, and shall then consider the application; and, if a majority of the Board in attendance at a meeting at which a quorum is present shall find that the applicant is entitled to aid under the provisions of this Act, they shall then and there award such aid as they deem proper.
Sec. 6. The Board or its designated agency shall investigate annually,Annual investigation to determine eligibility, etc. or oftener, the qualifications of blind persons who receive aid hereunder, and may increase or decrease the allowance within the limits prescribed by this Act; or if said designated agency is satisfiedDiscontinuance if not entitled. that any person receiving aid under this Act is not entitled to such aid, it shall discontinue such aid and shall forthwith notify such person and the Board of such action: *Provided, however*, That the*Provisos*.Appeal allowed. person receiving such aid may take an appeal to the Board from such action as if it were an original application for aid: *And provided further*, That such an appeal must be filed within sixty daysDate of filing. from the notification by the designated agency to the beneficiary hereunder of the intended reduction or discontinuance of aid.
If anyRestoration, pending Board’s findings. such appeal be filed, the said aid shall be restored pending the findings of the Board on said appeal. 746 Sec. 7. Ineligibility of person who publicly solicits alms. No person shall be eligible to receive aid under the provisions of this Act who, after receiving said aid publicly solicits abus in any manner, either by wearing, carrying, or exhibiting signs denoting blindness for the securing of alms, or by any signs calling attention to blindness exhibited on wares and merchandise, or the carrying of receptacles for the purpose of securing alms, or the doing of the same by proxy, or by stationary or house-to-house begging, or any other means of publicly securing aid.
Sec. 8. Removals as affecting entitlement to receive benefits. Any person qualifying for and receiving aid hereunder who removes himself from the jurisdiction of the District of Columbia and thereby ceases to be a resident, shall no longer be entitled to the benefits and aid under the provisions of this Act. Absence for a reasonable length of time, as designated by the Board, shall not work a forfeiture hereunder. Sec. 9. Persons to whom benefits denied. The benefits hereof shall not be granted to any person between the ages of sixteen and fifty-five years who, having no occupation and being both physically and mentally capable of some useful occupation, or of receiving vocational or other training, refuses for any reason to engage in such useful occupation, or refuses to *Proviso*.Refusing surgical, etc., treatments.avail himself of such vocational or other training: *Provided*, That no person shall be entitled to the benefits of this Act who shall refuse to submit to any treatment or operation for blindness when such treatment or operation is recommended by three examining oculists and approved by the Board or its designated agency.
Sec. 10. Persons ineligible to benefits. No person shall be eligible to the benefits of this Act who shall hereafter either intentionally deprive himself of his eyesight or assist in the destruction thereof by others; or hereafter shall lose his eyesight during the perpetration of a criminal offense; or shall hereafter lose his eyesight by reason of vicious habits. Sec. 11. Obligation of kindred. The kindred of any persons otherwise entitled to aid under the provisions of this Act, in line and degree of spouse, father, child, or grandchild living in the District of Columbia and of sufficient ability so to do shall be bound to support such person, in the order above named and in proportion to their respective ability.
Suit to recover amount of assistance.If at any time during the continuance of aid the Board of Commissioners or its designated agency has reason to believe that a spouse, father, child, or grandchild is reasonably able to assist him, it shall be empowered to bring suit, after notifying such person of the amount of such aid, against such spouse, father, child, or grandchild to recover the amount of such aid provided under this Act, or such part thereof as such spouse, father, child, or grandchild was reasonably able to pay.
Sec. 12. Estate of recipient, etc.Aid received to be a preferred claim against. At the death of a recipient of aid under this Act, or of the last survivor of a married couple either one of whom have received aid, the total amount of aid since the first grant, together with simple interest at the rate of 3 per centum per annum, shall be deducted and allowed by the proper courts out of the proceeds of his property as a preferred claim against the estate of the person so assisted, and refunded to the Treasurer of the United States to the credit of the District of Columbia, leaving the balance for *Proviso*.Conservation of property, etc.distribution among the lawful heirs in accordance with law: *Provided*, That upon sufficient cause, such as mismanagement, failure to keep in repair, or the inability of any recipient of aid properly to manage his property, the designated agency of the Board may demand the assignment or transfer of such property, or a proper part thereof, upon the first grant of such aid, or at any time thereafter that it deems advisable for the purpose of safeguarding the interest of an applicant or for the protection of the funds of the District of Columbia.747 Such agency shall establish such rules and regulationsRules. regarding the care, management, transfer, and sale of such property as it deems advisable and shall provide for the return of the balance of the claimant’s property into his hands whenever the assistance is withdrawn or the claimant ceases to request it.
Sec. 13. Any person who attempts to obtain, or obtains, by falseFalse representations, etc. representation, fraud, or deceit, any allowance under this Act, or who receives any allowance knowing it to have been fraudulently obtained, or who aids or assists any person in obtaining or attempting to obtain an allowance by fraud, shall upon conviction in the police court of the District of Columbia be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both such fine and imprisonment.
Sec. 14. In order to carry out the provisions of this Act there isAppropriation authorized.*Post*, pp. 1115, 1881. authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $75,000, payable from the revenues of the District of Columbia, and for the fiscal year ending June 30, 1937, and annually thereafter, the Commissioners of the District of Columbia shall include in the estimate of appropriations for said District ofPersonal services. Columbia, such an amount as may be necessary for this purpose; and the Board shall assign such personnel in the employ of the District of Columbia as may be necessary to administer this Act; and said Board or its designated agency shall keep and render separate account of the funds expended and separate statistical reports of the persons aided, under the provisions of this Act: *Provided*, That whenever necessary said Board shall appoint an *Proviso*.Appointment of member to stand in loco parentis to minor.acceptable member of the personnel to stand in loco parentis to any minor qualifying for aid hereunder.
Sec. 15. The Board of Commissioners or its designated agency isFederal Social Security Board.Cooperation with. hereby authorized and directed to cooperate in all necessary respects with the Social Security Board of the United States Government in the administration of this Act, and to accept any sums allotted or apportioned by such Board as are available under the provisions of the Social Security Act. Sec. 16. The provisions of this Act are to be liberally construedInterpretation and separability provision. to effect its objects and purposes, and if any section, subsection, or subdivision of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act.
Approved, August 24, 1935. To amend the Code of Laws for the District of Columbia in relation to providing assistance against old-age want. 1935-08-24 640 Chapter 49 Stat. 747 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 640.] AN ACT To amend the Code of Laws for the District of Columbia in relation to providing assistance against old-age want.
August 24, 1935.[[H. R. 6623](/us/bill/74/hr/6623).][[Public, No. 319](/us/bill/74/pl/319).] *Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled*, That the careDistrict of Columbia.Old-age assistance. and assistance of aged persons who are in need and whose physical or other condition or disabilities seem to render permanent their inability to provide properly for themselves is hereby declared to be a special matter of public concern and a necessity in promoting the public health and welfare.
To provide such care and assistance atEstablishment of system. public expense a system of old-age assistance is hereby established for the District of Columbia. The terms “assistance” whenever“Assistance” construed. used in this Act shall be construed to include relief, aid, care, or support. The pronoun “he” or “his” when used herein shall be construed to include persons of either sex. 748 Sec. 2. Requirements for grant of assistance. Assistance may be granted only to an applicant who
(a)is a citizen of the United States;
(b)has attained the age of sixty-five years or upward;
(c)has resided in the District of Columbia for five years or more within the nine years immediately preceding application for assistance, and who has resided therein continuously for one year immediately preceding the said application;
(d)is not at the time of making application an inmate of any prison, jail, workhouse, insane asylum, or any other public reformatory or correctional institution;
(e)is not a habitual tramp or beggar;
(f)has no child or other person financially able to support him and legally responsible for his support; and
(g)has not made a voluntary assignment or transfer of property for the purpose of qualifying for such assistance. Recipient not to receive other relief. During the continuance of the old-age assistance no recipient shall receive any other relief from the District of Columbia except for medical and surgical and nursing care. Sec. 3. Administration. The Board of Commissioners of the District of Columbia shall administer old-age assistance under this Act through such Forms, reports, etc.agent or agency as it may designate. It shall prescribe the form of and print and supply the blanks for applications, reports, and affidavits, and such other forms as it may deem advisable, and shall Regulations.make rules and regulations necessary for the carrying out of the provisions of this Act, and shall make and render any and all reports required by the Federal Social Security Board or otherwise Amount of assistance.authorized or required by law. The amount of the assistance which any such person shall receive, and the manner of providing it, shall be determined by the Board of Commissioners or its designated agency, with due regard to the conditions existing in each case. Admittance to Home for Aged in lieu of aid.The Board of Commissioners may, in lieu of the assistance herein provided, refer any applicant to the Board of Public Welfare for admission to the Home for Aged and Infirm, whenever, in the judgment of the said Commissioners, such action may be in the public Refusals may be reviewed by Commissioners.interest or in the best interest of the applicant. Any applicant for old-age assistance whose claim for initial relief or modification of relief is denied may apply to the agency designated by the Commissioners for the administration of this Act for hearing and review of said claim and the determination of the designated agency on such appeal shall be final except that the Commissioners of the District of Columbia in their discretion may grant a further review of the matters embraced in the aforesaid application. If, in the opinion of the Board of Commissioners or its designated agency, the recipient is incapable of taking care of himself or his money, it may direct the payment to any responsible person for the benefit of the pensioner, or may suspend payment if deemed advisable. Sec. 4. Payments; exemption from process, etc. All assistance given under this Act shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of the United States and the District of Columbia. Sec. 5. Funeral expenses. On the death of a recipient of old-age assistance such reasonable funeral expenses as the Board of Commissioners or its designated agency may deem necessary may be paid for the burial of such person. Sec. 6. Applications for assistance. A person requesting assistance under this Act shall make his application therefor to the Board of Commissioners or its designated agency. The person requesting assistance may apply in person, or the application may be made by another in his behalf. The application shall be made in writing and under oath. 749 Sec. 7. Upon the receipt of an application for assistance an investigationInvestigation to be made. and record shall be promptly made of the circumstances of the applicant. The object of such investigation shall be to ascertain the facts supporting the application made under this Act and such other information as may be required by the rules hereunder formulated. Sec. 8. All assistance under this Act shall be reviewed from timePeriodic reviewals to ascertain recipient’s circumstances. to time as frequently as may be required by the rules hereunder formulated. After such further investigation as may be deemed necessary the amount and manner of assistance may be changed or the assistance may be withdrawn if it is found that the recipient’s circumstances have changed sufficiently to warrant such action, and all cases in which relief is being extended shall be reviewed every six months. It shall be within the power of the Board of CommissionersAuthority to cancel or suspend payments. or its designated agency at any time to cancel and revoke assistance and to suspend payments for such periods as it may deem proper. Sec. 9. If at any time the Board of Commissioners or its designatedAssistance improperly obtained. agency has reason to believe that any assistance has been improperly obtained, it shall cause special inquiry to be made. If, on inquiry, it appears that it was improperly obtained, it shall be canceled. Sec. 10. Any person, who by means of a willfully false statementFalse representations, deemed a misdemeanor. or representation, or by impersonation, or other fraudulent device, obtains or attempts to obtain, or aids or abets any person to obtain
(a)assistance to which he is not justly entitled;
(b)a larger amount of assistance than that to which he is justly entitled;
(c)payment of any forfeited installment grant;
(d)or aids or abets in the buying or in any way disposing of the property of an old-age assistance recipient, without the consent of the Board of Commissioners or its designated agency, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of notPunishment for. more than $500 or imprisoned for a period not to exceed six months, or both. Sec. 11. The kindred of any persons otherwise entitled to old-ageResponsibility of kindred. assistance under the provisions of this Act, in line and degree of spouse, father, child, or grandchild living in the District of Columbia and of sufficient ability so to do shall be bound to support such person, in the order above named and in proportion to their respective ability. If at any time during the continuance of old-ageSuit to recover amount of assistance. assistance the Board of Commissioners or its designated agency has reason to believe that a spouse, father, child, or grandchild is reasonably able to assist him, it shall be empowered to bring suit, after notifying such person of the amount of old-age assistance, against such spouse, father, child, or grandchild to recover the amount of assistance provided under the Act, or such part thereof as such spouse, father, child, or grandchild was reasonably able to pay. Sec. 12. At the death of recipient of a old-age assistance, or of theEstate of recipient, etc. last survivor of a recipient married couple, the total amount of assistanceAid received to be a preferred claim against. since the first grant, together with simple interest at the rate of 3 per centum per annum, shall be deducted and allowed by the proper courts out of the proceeds of his property as a preferred claim against the estate of the person so assisted, and refunded to the Treasurer of the United States to the credit of the District of Columbia, leaving the balance for distribution among the lawful heirs in accordance with law: *Provided*, That upon sufficient cause, such as mismanagement,*Proviso*.Conservation of property, etc. failure to keep in repair, or the inability of any recipient of assistance properly to manage his property, the designated agency of the Commissioners may demand the assignment or transfer of750 such property, or a proper part thereof, upon the first grant of such assistance, or at any time thereafter that it deems advisable for the purpose of safeguarding the interest of an applicant or for the Rules.protection of the funds of the District of Columbia, Such agency shall establish such rules and regulations regarding the care, management, transfer, and sale of such property as it deems advisable and shall provided 11So in original. for the return of the balance of the claimant’s property into his hands whenever the assistance is withdrawn or the claimant Division of refunds.ceases to request it. If the District of Columbia collects from the estate of any recipient of old-age assistance any amount with respect to old-age assistance furnished him under this Act, one half of the *Ante*, p. 620.net amount so collected shall be paid to the United States in accordance with the provisions of Title I of the Social Security Act. Sec. 13. Annual appropriations authorized.*Post*, pp. 1115, 1881. Congress shall appropriate annually and make available to the order of the Board of Commissioners of the District of Columbia such sums as may be needed to pay the share of the District of Columbia for old-age assistance, provided under this Act together with a sufficient sum to defray its share 11So in original. administrative expenses to be incurred in connection therewith, and include such sums in the annual District of Columbia appropriation Act. Should the sums so appropriated, however, be expended or exhausted during the year for the purposes for which it was appropriated, additional sums shall be appropriated by Congress as occasion demands to carry out the provisions of this Act. Sec. 14. Administrative expenses. All necessary expenses incurred by the District of Columbia in carrying out the provision 11So in original. of this Act shall be paid in the same manner as other expenses of the District of Columbia are paid. Sec. 15. Federal Social Security Board.Local cooperation with, directed. The Board of Commissioners or its designated agency is hereby authorized and directed to cooperate in all necessary respects with the Social Security Board of the United States Government in the administration of this Act, and to accept any sums allotted or apportioned by such Board as are available under the provisions of the Social Security Act. Sec. 16. Effective date. This Act shall take effect ninety days after its passage. Approved, August 24, 1935. To amend the Agricultural Adjustment Act, and for other purposes. 1935-08-24 641 Chapter 49 Stat. 750 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 641.] AN ACT To amend the Agricultural Adjustment Act, and for other purposes. August 24, 1935.[[H. R. 8492](/us/bill/74/hr/8492).][
Connections2 off-index
2 references not yet in our index
- 49 Stat. 747
- 49 Stat. 750
Citation graph
cites case law
Public Law 319
Stat.49 Stat. 747
Stat.49 Stat. 750
Cites 2Cited by 0 across 0 sources