Page images
PDF
EPUB

or hospital care; to cover return travel to the place from which the person proceeded to the facility, when he is regularly discharged upon completion of such care; and to cover travel involved in a transfer, deemed necessary, from one Veterans' Administration facility to another. All such travel will be subject to grant of prior authorization therefor. In the event of death of any such person within the continental limits of the United States prior to his discharge from such care, transportation expenses (including preparation of the body) for the return of the body to the place of burial within the continental limits of the United States, or to the place of burial in Alaska if the veteran was a resident of Alaska and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care, may be paid in the discretion of the Administrator of Veterans' Affairs, when deemed necessary and as an administrative necessity. In the event of death of any such person in a Territory or possession of the United States transportation expenses (including preparation of the body) for the return of the body to place of burial within the Territory or possession may be paid."

(c) This section shall be applied to any claim for burial benefits pending in the Veterans' Administration on the date of its enactment. SEC. 3. Where a disabled person, entitled to pension, compensation, or emergency officers' retirement pay under laws or regulations administered by the Veterans' Administration, and his wife are not living together, or where the child or children are not in the custody of the disabled person; or where, in death cases, the child or children are not in the custody of the widow, the amount of the pension, compensation or emergency officers' retirement pay may be apportioned as may be prescribed by the Administrator of Veterans' Affairs.

occurs within continental limits of U. S.

Allowance if death

Territory or U. S. possession.

Application of sec

tion.

Apportionment of veterans' benefits.

Designated conflicting laws, etc., repealed

The Act of March 3, 1899 (30 Stat. 1379, ch. 460; U. S. C., title 38, secs 45, 46, 47, and 49), with the exception of the last proviso or modifed. (U. S. C., title 38, sec. 192), paragraph VII of Veterans Regulation Numbered 6 series (U. S. C., title 38, ch. 12, appendix), and all other provisions of law or regulation in conflict with the foregoing are repealed or modified to conform with the provisions of this section. SEC. 4. That paragraph IV, Veterans Regulation Numbered 6 (a), as amended (U. S. Č., title 38, ch. 12, appendix), is hereby amended to read as follows:

"IV. No person shall be entitled to receive domiciliary, medical, or hospital care, including treatment, who resides outside of the continental limits of the United States or its Territories or possessions: Provided, That in the discretion of the Administrator of Veterans' Affairs necessary hospital care, including medical treatment, may be furnished to veterans who are citizens of the United States and who are temporarily sojourning or residing abroad, for disabilities due to war service in the armed forces of the United States."

38 U. S. C., 1934 ed., p. 1699.

Restriction on domiciliary, etc., care.

Proviso.
Exception.

49 Stat. 609.
38 U. S. O., Supp.

v, $$ 454 (note), 454a.

Exemption of veterans' benefits from

set-off under certain

SEC. 5. That section 3 of Public Law Numbered 262, Seventy-fourth Congress, approved August 12, 1935, is hereby amended by adding at the end thereof the following sentence: "From and after the date of approval of this amendatory Act this section shall be construed to prohibit the collection by set-off or otherwise out of any benefits claims. payable pursuant to any law administered by the Veterans' Administration and relating to veterans, their estates, or their dependents, of any claim of the United States or any agency thereof against (a) any person other than the indebted beneficiary or his estate; or (b) any beneficiary or his estate except amounts due the United States by such beneficiary or his estate by reason of overpayments or illegal payments made under such laws relating to veterans, to such bene

8

[graphic]

Provisos.

Inapplicability designated cases.

in

ficiary or his estate or to his dependents as such: Provided, however, That if the benefits be insurance payable by reason of yearly renewable term or of United States Government life (converted) insurance issued by the United States, the exemption herein provided shall be inapplicable to indebtedness existing against the particular insurance contract upon the maturity of which the claim is based, whether such indebtedness be in the form of liens to secure unpaid premiums, or loans, or interest on such premiums or loans, or indebtedness arising from overpayments of dividends, refunds, loans, or other insurance benefits: Provided further, That nothing in this amendatory Act shall be construed to modify or repeal section 7 of Public Law 38 U. S. C., Supp. Numbered 425, Seventy-fourth Congress, enacted January 27, 1936 (38 U. S. C. 687-b; 49 Stat. 1101)."

No deductions.

V, § 687b.

Disability compen

sation.

43 Stat. 618.

38 U. S. C. § 474.

53 Stat. 1067.

38 U. 8. C., Supp. V, § 703b.

Death compensa certain World War

tion to dependents of

veterans.

48 Stat. 1281.

38 U. 8. $$ 503507; Supp. V, 503

506.

50 Stat. 661.

38 U. B. C., Supp.

V, § 472d.

Effective date

award.

of

Service-connected disability compensation.

Payment of forfeited

ents.

SEC. 6. That on and after the date of enactment of this Act, World War veterans otherwise entitled to the statutory award under the provisions of the last paragraph of section 202 (3), World War Veterans' Act, 1924, as amended, for the loss of the use of one or more feet or hands, shall be paid $35 per month additional compensation in lieu of $25 per month previously authorized.

SEC. 7. Section 1 of Public Law Numbered 196, Seventy-Sixth Congress, July 19, 1939, is hereby amended by striking therefrom the words "and who was in receipt of compensation therefor on March 19, 1933" and by substituting for the second proviso thereof the following: "Provided further, That where a World War veteran dies or has died, and service connection for any of the foregoing conditions is or would have been established under the provisions of this amendment, the surviving widow, child, or children, if otherwise eligible thereto, shall be awarded death compensation under Public Law Numbered 484. Seventy-third Congress, as amended".

SEO. 8. Except as provided in section 6 of Public Law Numbered 304, Seventy-fifth Congress, approved August 16, 1937 (U. S. C., title 38, sec. 472d), compensation authorized by section 7 of this Act shall not be payable effective prior to the receipt of application there for in the Veterans' Administration, and in no event shall compensation therein authorized be effective prior to the date of enactment of this Act.

SEC. 9. That when disability compensation or pension based upon service-connected disability has been forfeited by a veteran under benefits to depend- section 504 of the World War Veterans' Act, 1924, as amended (43 Stat. 1312; U. S. C., title 38, sec. 555), or section 15 of Public Law Numbered 2, Seventy-third Congress (48 Stat. 11; U. S. C., title 38, sec. 715), compensation or pension payable except for the forfeiture, from and after the date of suspension of payments to the veteran, shall be paid to his wife, child or children, and/or dependent parents, such payments not to exceed the amount payable in case such veteran had died from such service-connected disability: Provided, That no compensation or pension shall be paid to any dependent who has participated in the fraud for which the forfeiture was imposed.

Proviso.

No payment to accomplice.

Reimbursement on account of other ex

law.

Forfeiture of benefits by a veteran under the provisions of section penses authorized by 504, World War Veterans' Act, 1924, as amended, or section 15 of Public Law Numbered 2, Seventy-third Congress, shall not be construed to prohibit reimbursement on account of expenses incurred in the burial of such veteran otherwise authorized by law, or to prohibit payments of death compensation benefits for service-connected death or under Public Law Numbered 484, Seventy-third Congress, as amended.

[graphic]
[blocks in formation]

Benefits authorized by this section shall not be paid for any period prior to the date of this enactment.

48 Stat. 8.
U. 8. C.

718.

V,

Disclosure of information.

SEC. 10. Veterans Regulation Numbered 11 (U. S. C., title 38, ch. 12, appendix), promulgated under the Act of March 20, 1933 (Public, 721; Supp: V; | 701Numbered 2, Seventy-third Congress), is hereby amended by adding a new paragraph thereto numbered "III", to read as follows: "III. The provisions of Veterans Regulation Numbered 11 shall apply to all claims under any of the laws administered by the Veterans' Administration: Provided, That the Administrator of Veterans' Affairs may release information, statistics, or reports, to individuals useful purpose. or organizations when in his judgment such release would serve a useful purpose.

[ocr errors]

Proviso.
Release, if serving

deci

Finality of sions; exceptions. 43 Stat. 612. 38 U. S. C. § 445;

Ante, p. 1014, § 617.

SEC. 11. Notwithstanding any other provisions of law, except as provided in section 19 of the World War Veterans' Act, 1924, as amended, and in section 817 of the National Service Life Insurance Supp. V, $445. Act of 1940, the decisions of the Administrator of Veterans' Affairs on any question of law or fact concerning a claim for benefits or payments under this or any other Act administered by the Veterans' Administration shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decisions.

Uniformity in payment of benefits for

SEC. 12. Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of having sub- specified injuries. mitted to an examination under authority of any of the laws granting monetary or other benefits to World War veterans, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the veteran or his dependents shall be entitled to the same benefits as are provided for those who suffer an injury or an aggravation of any existing injury as a result of training, hospitalization, or medical or surgical treatment under the provisions of section 31 of Public Law Numbered 141, Seventy-third Congress, March 28, 1934. No benefits under this section shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred, or after the date of enactment of this Act, whichever is the later date.

Approved, October 17, 1940.

[CHAPTER 894]

AN ACT

For the protection of the water supply of the town of Petersburg, Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of land hereinafter described, situated in the Tongass National Forest in the Territory of Alaska, is hereby reserved from all forms of location, entry, or appropriation, whether under the mineral or nonmineral land laws of the United States, and set aside as a municipal watersupply reserve for the use and benefit of the people of the town of Petersburg, a municipal corporation of the Territory of Alaska as follows, to wit: Beginning at corner numbered 1, from which the quarter section corner between sections 2 and 3, township 59 south, range 79 east, Copper River meridian, bears west forty chains; thence along the top of a divide south fourteen degrees west one hundred and twenty-three and twenty one-hundredths chains to corner numbered 2, at the place where a side ridge intersects the main divide; thence along the top of the main divide south fifty-two degrees east ninety-three and sixty one-hundredths chains to corner numbered 3, located on top of a prominent unnamed peak from which the southeast corner of section 14 township 59 south, range 79 east, bears

48 Stat. 526. 38 U.S. O. § 501a. Time for application limited.

October 17, 1940 [H. R. 9173] [Public, No. 867]

Petersburg, Alaska.
Designated land set

aside as municipal
water-supply reserve.

Description of tract.

[graphic]

Administration.

Right of municipality.

Provisos.
Sale of timber.

Reversionary

visions.

Regulations.

Prior rights.

south nineteen degrees west twenty-four chains; thence along top of divide north fifty degrees east thirty-two chains to corner numbered 4 at junction of ridge, extending northeasterly; thence along top of ridge north thirteen degrees east one hundred and sixty chains to corner numbered 5; thence west forty-eight chains to intake dam on unnamed creek, from which the town of Petersburg draws its domestic water supply; thence west fifty-eight and forty one-hundredths chains to the place of beginning, containing one thousand six hundred and twenty-seven acres.

SEC. 2. The lands hereinbefore described and reserved for municipal water-supply purposes, which are within the Tongass National Forest, shall be administered by the Secretary of Agriculture, for the purpose of storing, conserving, and protecting from pollution the said water supply, and preserving, improving, and increasing the timber growth on said lands, to more fully accomplish such purposes; and to that end said municipality shall have the right, subject to the approval of the Secretary of Agriculture, to the use of any and all parts of the lands reserved for the storage and conveying of water and construction and maintenance thereon of all improvements for such purposes: Provided, That the merchantable timber on the land to be used by the said municipality may be sold by the Secretary of Agriculture under rules and regulations to be prescribed by him: And provided further, pro- That the right to the use by the town of Petersburg of the lands reserved by this Act shall terminate upon the abandonment of the use by such municipality in accordance with the terms of this Act, and upon a finding of such nonuse or abandonment, for a period of two years, by the Secretary of Agriculture, whereupon the reservation created by this Act shall terminate to the extent of such lands involved.

[blocks in formation]

SEC. 3. The Secretary of Agriculture is hereby authorized to prescribe and enforce such regulations as may be found necessary to carry out the purpose of this Act, including the right to forbid persons other than those authorized by him and the municipal authorities of said municipal corporation from entering or otherwise trespassing upon these lands, and any violation of this Act or of regulations issued thereunder shall be a misdemeanor and shall be punishable as is provided for in section 5050, Compiled Laws of Alaska, 1933.

SEC. 4. Nothing herein contained shall affect any valid right or claim to any part of said lands heretofore acquired under any law of the United States.

Approved, October 17, 1940.

[graphic]

[CHAPTER 895]

AN ACT

Authorizing the improvement of certain rivers and harbors in the interest of the national defense, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following works of improvement of rivers, harbors, and other waterways are hereby adopted and authorized, to be prosecuted in the interest of the national defense under the direction of the Secretary of War and supervision of the Chief of Engineers, in accordance with the plans recommended in the respective reports hereinafter designated and subject to conditions set forth therein:

Kennebec River, Maine; improvement in accordance with the report on file in the Office, Chief of Engineers;

Boston Harbor, Massachusetts; House Documents Numbered 225 and 362, Seventy-sixth Congress;

Nantasket (Hull) Gut and Weymouth Fore River, Massachusetts; House Document Numbered 568, Seventy-sixth Congress;

Raritan River, New Jersey; channel to the Raritan Arsenal in accordance with the report on file in the Office, Chief of Engineers; Baltimore Harbor, Maryland; channel in Curtis Creek in accordance with the report on file in the Office, Chief of Engineers;

Middle River and Dark Head Creek, Maryland; House Document Numbered 556, Seventy-sixth Congress;

Norfolk Harbor, Virginia; House Document Numbered 683, Seventy-sixth Congress;

Portsmouth Harbor, Virginia; channel to Nansemond Ordnance Depot in accordance with the report on file in the Office, Chief of Engineers;

Channel from Manteo to Oregon Inlet, North Carolina; House Document Numbered 313, Seventy-sixth Congress;

Silver Lake Harbor, North Carolina; House Document Numbered 325, Seventy-sixth Congress;

Charleston Harbor, South Carolina; House Document Numbered 259, Seventy-sixth Congress;

Charleston Harbor, South Carolina; channel to the ordnance depot in accordance with the report on file in the Office, Chief of Engineers; Mobile Harbor, Alabama; House Documents Numbered 221 and 282, Seventy-sixth Congress;

Sabine-Neches Waterway at Orange, Texas, in accordance with report on file in the Office of the Chief of Engineers;

Corpus Christi, Texas; channel to and including a turning basin at Navy seaplane base, Encinal Peninsula, in accordance with the report on file in the Office, Chief of Engineers;

Oswego Harbor, New York; House Document Numbered 96, Seventy-sixth Congress;

San Diego Harbor, California; House Document Numbered 844, Seventy-sixth Congress;

Los Angeles and Long Beach Harbors, California; House Document Numbered 843, Seventy-sixth Congress, and in accordance with plans developed in conjunction with the Navy Department for modifying the alinement and increasing the length of the breakwater to approximately twenty-one thousand feet;

Sitka Harbor, Alaska; House Document Numbered 331, Seventysixth Congress;

Kodiak Harbor, Alaska; House Document Numbered 332, Seventysixth Congress;

Keehi Lagoon, Oahu, Territory of Hawaii; Hcuse Document Numbered 329, Seventy-sixth Congress; and

San Juan Harbor, Puerto Rico; House Document Numbered 364, Seventy-sixth Congress.

New Jersey.

Maryland.

Virginia.

North Carolina.

South Carolina.

Alabama.

Texas.

New York.

California.

Alaska.

Hawaii.

Puerto Rico.

Modification of des

SEC. 2. The following modifications of projects, involving no cost to ignated projects. the United States, in addition to that heretofore authorized, are hereby adopted and authorized to be prosecuted:

Wilmington Harbor, Delaware; in accordance with the provisions of House Document Numbered 658, Seventy-sixth Congress;

Wilmington, Del.

Cleveland, Ohio.

50 Stat. 849.

Cleveland Harbor, Ohio; the existing project set forth in House Document Numbered 84, Seventy-fourth Congress, and authorized by Public Law Numbered 392, Seventy-fifth Congress, is hereby modified to provide that cuts or partial cuts may be made before the related railroad bridges are modified or rebuilt when in the opinion of the Chief of Engineers such procedure will be advantageous to navigation; The second proviso in section 2 of the Act of August 26, 1937 (50 Stat. 844, 850), authorizing the construction, repair, and preservation zation. of certain public works on rivers and harbors, and for other purposes,

Central Valley proj. ect, Calif., reauthori

« ՆախորդըՇարունակել »