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Code · STATUTES-AT-LARGE · Vol. 49 STAT. · June 29, 1936 · Public Law 844

Public Law 844.

3,130 words·~14 min read·/statutes-at-large/vol-49/public-law-844·

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

(/us/pl/74/843).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Lake Saint Ciair, Mich.Establishment of Coast Guard station on, authorized.of the Treasury is authorized to establish a Coast Guard station on Lake Saint Clair, Michigan, at such point as the Commandant of the Coast Guard may recommend. Approved, June 29, 1936. To liberalize the provisions of Public Law Numbered 484, Seventy-third Congress, to effect uniform provisions in laws administered by the Veterans’ Administration, to extend the Employees’ Compensation Act with limitations to certain World War Veterans and other persons, and for other purposes. 1936-06-29 867 Chapter 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 49 Stat. 2031 74 2 public [CHAPTER 867.] AN ACT To liberalize the provisions of Public Law Numbered 484, Seventy-third Congress, to effect uniform provisions in laws administered by the Veterans’ Administration, to extend the Employees’ Compensation Act with limitations to certain World War Veterans and other persons, and for other purposes.June 29, 1936.[[H. R. 12869](/us/bill/74/hr/12869).][[Public, No. 844](/us/pl/74/844).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, World War Veterans.
TITLE I—WORLD WAR WIDOWS AND CHILDRENTitle I—World War Widows and Children. Section 1. That notwithstanding the provisions of Public Law Compensation of surviving widow, child, etc.Vol. 48, p. 1281.[U. S. C., p. 1673](/us/usc/p1673). Numbered 484, Seventy-third Congress (U. S. C., 1934 edition, title 38, secs. 503–507), in no event shall the widow, child, or children otherwise entitled to compensation under the provisions of that Act be denied such compensation if the veteran’s death resulted from a disease or disability not service-connected, and at the time of the veteran’s death he was receiving or entitled to receive compensation, pension, or retirement pay for 30 percentum disability or more presumptively or directly incurred in or aggravated by service in the World War: *Provided*, That compensation as provided by this *Proviso*.No payments prior to application.section shall not be payable effective prior to the receipt of application therefor in the Veterans’ Administration in such form as the Administrator of Veterans’ Affairs may prescribe and in no event prior to the date of enactment of this Act.
TITLE II—AGENTS AND ATTORNEYSTitle II—Agents and Attorneys. Sec. 200. The Administrator of Veterans’ Affairs is hereby authorized Administrator of Veterans’ Affairs.Recognition of representatives of designated veterans’ organizations, authorized.to recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans of the World War, the Grand Army of the Republic, the United Spanish War Veterans, Veterans of Foreign Wars, and such other organizations as he shall approve, in the presentation of claims under statutes administered by the Veterans’ Administration.
However, Conditions.no such representative shall be recognized until a certificate has been filed in the Veterans’ Administration, under such rules as the Administrator of Veterans’ Affairs may prescribe, certifying that no fee No fees to be charged.or compensation of whatsoever nature shall be charged veterans 2032Filing of power of attorney.or the dependents of veterans for service rendered. The rules pre scribed by the Administrator of Veterans’ Affairs shall contain a provision requiring in each claim the filing of a power of attorney in such manner and form as the Administrator of Veterans’ Affairs may prescribe.
The Administrator of Veterans’ Affairs is further authorized in his discretion, under such regulations as he may prescribe, to recognize any person for the purpose of a particular claim under the conditions and limitations of this section. Sec. 201. Prosecution of veterans’ claims. The Administrator of Veterans’ Affairs is hereby authorized, under such rules and regulations as he may prescribe, to recognize agents and attorneys in the preparation, presentation, and prosecution of claims under statutes administered by the Veterans’ Qualifications of agents and attorneys.Administration.
The rules and regulations prescribed by the Administrator of Veterans’ Affairs may require of such agents and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of claims, Suspension, etc.and the Administrator of Veterans’ Affairs may, after notice and opportunity for a hearing, suspend or exclude from further practice before the Veterans’ Administration any such agent or attorney shown to be, or to have been, engaged in unlawful, unprofessional, or dishonest practice, or guilty of disreputable conduct or who is incompetent, or who has violated or refused to comply with the laws administered by the Veterans’ Administration, or with the laws; regulations, or instructions governing practice before the Veterans' Administration, or who shall in any manner deceive, mislead, or threaten any claimant or prospective claimant by word, circular, Fees on allowed claims.letter, or advertisement.
The Administrator of Veterans’ Affairs is further authorized to determine and pay fees in allowed claims for monetary benefits under statutes administered by the Veterans’ Administration to agents and attorneys recognized as provided in this title and to prescribe rules and regulations governing entitlement to and the amount and mode of payment of such fees: *Proviso*.Limitation.*Provided*, That payment of such fees shall not exceed $10 in any one claim and in all cases fees shall be deducted from the amount of monetary benefits allowed.
Sec. 202. Penalties for illegal fees and practices. 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 provided in section 201, or who shall wrongfully withhold from a beneficiary or claimant the whole or any part of the benefit or claim allowed and due a beneficiary or claimant shall be deemed guilty of a misdemeanor and upon conviction thereof shall for every offense be fined not exceeding $500 or imprisoned at hard labor not exceeding two years, or both., in the discretion of the court.
Sec. 203. Existing provisions not affected.Vol. 43. pp. 628, 1311.[U. S. C., p. 1677](/us/usc/p1677). This title shall not affect that part of section 500, World War Veterans’ Act, 1924, as amended (43 Stat. 628; 43 Stat. 1311; U. S. C., 1934 ed., title 38, sec. 551), insofar as it pertains to fees and penalties for receipt or illegal fees or compensation for services in Vol. 43, p. 125; Vol. 44. p. 828.[U. S. C., p. 1682](/us/usc/p1682).insurance suits, section 309, World War Adjusted Compensation Act, 1924, as amended (43 Stat. 125; 44 Stat. 828;
U. S. C., 1934 ed., title 38, sec. 619), pertaining to unlawful fees, which section is *Ante*, p. 1099.hereby made applicable to claims for benefits under Public Law Numbered 425, Seventy-fourth Congress, enacted January 27, 1936; that part of the Act entitled “An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-two, and for other 2033 purposes”, approved March 3, 1891 (26 Stat. 979; U.
S. C., 1934 ed., Vol. 26, p. 979.[U. S. C., p. 1639](/us/usc/p1639).title 38, sec. 244), prohibiting payment of a fee in case of commutation in lieu of an artificial limb; that part of the Act entitled “An Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, nineteen hundred and nine, and for other purposes”, approved May 28, 1908 (35 Stat. 419; U. S. C., 1934 ed., title 38, sec. 113), Vol. 35, p. 419.[U.
S. C., p. 1629](/us/usc/p1629).prohibiting compensation for procuring pension legislation, or any Acts or parts of Acts prohibiting the payment of fees in claims for benefits administered by the Veterans’ Administration. Except asRepeal of certain Acts, etc. herein provided, all Acts or Veterans Regulations, or parts thereof, pertaining to recognition of organizations or recognition of or payment of fees to agents, attorneys, or other persons, for the preparation, presentation, or prosecution of claims for benefits administered by the Veterans’ Administration are hereby repealed.
TITLE III—AUTHORITY TO ISSUE SUBPENA, MAKE INVESTIGATIONS, AND ADMINISTER OATHSTitle III—-Authority to Issue Subpena, Make Investigations, and Administer Oaths. Sec. 300. For the purposes of the laws administered by the Veterans’ Delegation of Administrator’s authority.Administration, the Administrator of Veterans’ Affairs, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas 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 take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Administration.
Any person required by Fees and mileage allowed witnesses.such subpena 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. Sec. 301. Any such oath, affirmation, affidavit, or examination, Judicial notice of official seal.when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the Veterans’ Administration, may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall have like force and effect as if administered or taken before a clerk of such court.
Sec. 302. In case of disobedience to any such subpena, the aid of Enforcement of subpena.any district court of the United States or the Supreme Court of the District of Columbia may be invoked 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 subpena issued to any officer, agent, or employee of any corporation or to any other person, issue an order requiring such corporation or other person to appear or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished byPenalty for failure to obey. such court as a contempt thereof.
Sec. 303. Section 8 of the World War Veterans’ Act, 1924, as Sections repealed. Vol. 43. p. 609; [U. S. C., p. 1658](/us/usc/p1658).[U. S. C., p. 1702](/us/usc/p1702).[R. S., sec. 474. p. 80](/us/rs/s474/p80); [U. S. C., p. 1630](/us/usc/p1630).[R. S., sec. 4744, p. 923](/us/rs/s4744/p923); [U. S. C., p. 1630](/us/usc/p1630).amended (43 Stat. 609; U. S. C., 1934 ed., title 38, secs. 431 and 432); paragraph XX of Veterans’ Regulation Numbered 10 (U. S. C., 1934 ed., title 38, ch. 12, appendix); section 474 of the Revised Statutes (U.
S. C., 1934 ed., title 38, sec. 121); section 4744 of the Revised Statutes, as amended (U. S. C., 1934 ed., title 38, sec. 121); section 3 of the Act entitled “An Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal 2034year ending June thirtieth, eighteen hundred and eighty-three, and Vol. 22. p. 175. [U. S. C., p. 1631](/us/usc/p1631).for other purposes”, approved July 25, 1882 (22 Stat. 175; U. S. C., 1934 ed., title 38, sec. 124), and section 3 of the Act entitled “An Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-two, and for other purposes”, approved Vol. 26, p. 1083.[U.
S. C., p. 1630](/us/usc/p1630).March 3, 1891 (26 Stat. 1085; U. S. C., 1934 ed., title 38, sec. 122), are hereby repealed; and any other Acts or Veterans’ Regulations, or parts of Acts or Veterans’ Regulations, in conflict or inconsistent with the provisions of this title, are hereby repealed to the extent of such conflict or inconsistency. TITLE IV—Title IV—Miscellaneous.MISCELLANEOUS Sec. 400. Annual determination of dependency; provision discontinued.Vol. 43, pp. 616. 618, 1305.[U.
S. C., pp. 1667, 1668](/us/usc/pp1667/1668). Notwithstanding the provisions of sections 201 and 202 of the World War Veterans’ Act, 1924, as amended (U. S. C., 1934 ed., title 38, secs. 472, 475), the Administrator of Veterans’ Affairs is authorized to discontinue the annual determination of dependency, but nothing herein contained shall prevent the Administrator from requiring submission of such proof of dependency as he, in his discretion, may at any time deem necessary. Sec. 401.
Burial, etc., expenses.[U. S. C., p. 1702](/us/usc/p1702). Notwithstanding the provisions of paragraph II, Vet-erans’ Regulation Numbered 9 (a), as amended (U. S. C., 1934 ed., title 38, ch. 12, appendix), burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial shall not be denied by reason of the veteran’s net assets at the time of death. Sec. 402. Effective March 31, 1933, paragraph IV, Veterans’ Regulation Numbered 9 (a), as amended, is amended to read as follows:
" “IV. Time limitation for filing claims for reimbursement. Claims for reimbursement must be filed within one year subsequent to the date of burial of the veteran. In the event the claimant’s application is not complete at the time of original submission, the Veterans’ Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within one year from the date of the request therefor no allowance may be paid.”" Sec. 403.
“Annual income” construed. In determining “annual income” under the provisions of paragraph II (a), part III, Veterans’ Regulation Numbered [U. S. C., p. 1694](/us/usc/p1694).1 (a), as amended (U. S. C., 1934 ed., title 38, ch. 12, appendix), payments of war risk term insurance, United States Government life (converted) insurance, and payments under the World War Adjusted Compensation Act, as amended (U. S. C., 1934 ed., title 38, ch. 11), and the [U. S. C., p. 1680](/us/usc/p1680).Adjusted Compensation Payment Act, 1936 (Public *Ante*, p. 1099.Law Numbered 425, Seventy-fourth Congress, enacted January 27, 1936), shall not be considered.
Sec. 404. Time allowed claimant to file suit. That in addition to the suspension of the limitation for the period elapsing between the filing in the Veterans’ Administration of the claim under a contract of insurance and the denial thereof by the Administrator of Veterans’ Affairs or someone acting in his name, the claimant shall have ninety days from the date of the Effective date.mailing of notice of such denial within which to file suit. This Act is made effective as of July 3, 1930, and shall apply to all suits Vol. 43, p. 612.[U.
S. C., p. 1662](/us/usc/p1662).Reinstatement of certain suits.now pending against the United States under the provisions of section 19, World War Veterans’ Act, 1924, as amended; and any suit which has been dismissed solely on the ground that the period for filing suit has elapsed but where in the extension of the period for filing suit as prescribed herein would have permitted such suit to have been heard and determined may be reinstated within ninety 2035days from the date of enactment of this Act: *Provided*, That on and *Provisos*.Registered notices.after the date of enactment of this Act, notice of denial of the claim under a contract of insurance by the Administrator of Veterans’ Affairs or someone acting in his name shall be by registered mail directed to the claimant’s last address of record: *Provided further*, That the term “denial of the claim” means the denial of the claim “Denial of the claim” defined.after consideration of its merits.
TITLE V—FLORIDA HURRICANE RELIEF FOR WORLD WAR VETERANS AND OTHER PERSONSTitle V—Florida Hurricane Relief for World War Veterans and Other Persons. Sec. 500. That the provisions of the Act entitled “An Act to provide Employees’ Compensation Act. Provisions extended.compensation for employees of the United States suffering injuries while in the performance of their duties, and for other Vol. 39, p. 742.[U. S. C., p. 98](/us/usc/p98).purposes”, approved September 7, 1916, as amended (U.
S. C., 1934 ed., title 5, ch. 15), are hereby made, applicable to any veteran of the World War or other person attached to camps known as “Veterans’ Camps Numbered 1, 3, and 5”, who was injured, died, or shall die as the direct result of the hurricane at Windlys Island and Matecumbe Keys, Florida, September 2, 1935, and to their dependents, to the same extent and under the same conditions as are provided for employees and the dependents of employees of the Federal Civil Works Administration in the Act entitled “An Act making Vol. 48, p. 351.[U.
S. C., p. 103](/us/usc/p103).an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933 for the continuation of the Civil Works program, and for other purposes”, approved February 15, 1934 (U. S. C., 1934 ed., title 5, sec. 796), and the special fund Special fund for administrative expenses, etc.; availability.established in the Treasury of the United States for administrative expenses and for the payment of compensation awarded to employees of the Civil Works Administration shall be available for the payment of the benefits authorized by this section.
TITLE VI—EFFECTIVE DATE AND REPEALTitle VI—Effective Date and Repeal. Sec. 600. The repeal of laws and veterans’ regulations as provided Continuation and enforcement of rights and liabilities under repealed Acts, etc.by this Act shall not affect any act done or right or liability accrued, but all such rights and liabilities under said laws or Veterans’ Regulations shall continue and may be enforced in the same manner as if said repeal had not been made, and all offenses committed Prosecution of offenses.and all penalties incurred under such repealed laws or veterans’ regulations may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made.
Sec. 601. Except where otherwise provided, this Act shall take Effective date.effect from the date of its enactment. Approved, June 29, 1936. To waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects; to authorize payments to States, political subdivisions, and local taxing units in lieu of taxes on such premises; and for other purposes. 1936-06-29 868 Chapter 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 49 Stat. 2035 74 2 public [CHAPTER 868.] AN ACT To waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects; to authorize payments to States, political subdivisions, and local taxing units in lieu of taxes on such premises; and for other purposes. June 29, 1936.[[H. R. 12876](/us/bill/74/hr/12876).][
Connections19 cite this · traces to 1
10 references not yet in our index
  • 43 Stat. 628
  • 43 Stat. 1311
  • 43 Stat. 125
  • 44 Stat. 828
  • 26 Stat. 979
  • 35 Stat. 419
  • 43 Stat. 609
  • 22 Stat. 175
  • 26 Stat. 1085
  • 49 Stat. 2035
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Public Law 844
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Stat.43 Stat. 628
Stat.43 Stat. 1311
Stat.43 Stat. 125
Stat.44 Stat. 828
Stat.26 Stat. 979
Cites 11 · showing 6Cited by 19 across 2 sources
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