PUBLIC LAWS-CHS. 266, 268-JUNE 20, 22, 1944

53 Stat. 429.26 U. S. C., Supp.

III, 3508.

Philippine Islands.50 Stat. 915; 55 Stat.

873.7 U. S. C., Supp.

III, i 1173.

June 22, 1944[S. 1767]

[Public Law 346]

Servicemen's Read-justment Act of 1944.

Veterans' Adminis-tration declared an es-sential war agency.

Priorities.

Additional hospitalfacilities.

Post-war use ofArmy and Navy hos-pitals.

Additional offices.

Appropriation au-thorized.

Interchange of facili-ties, etc.

SEC. 2. Section 3508 of the Internal Revenue Code (relating totermination of taxes with respect to sugar) is amended to read asfollows:

"SEC. 3508. TERMINATION OF TAXES."No tax shall be imposed under this chapter on the manufacture,

use or importation of sugar after June 30 1947."SEC. 3. Section 503 of the Sugar Act of 1937, as amended (relating

to payments to the Commonwealth of the Philippine Islands), isamended by striking out "June 30, 1945" and inserting in lieu thereof"June 30, 1947".

Approved June 20, 1944.

[CHAPTER 268]AN ACT

To provide Federal Government aid for the readjustment in civilian life ofreturning World War II veterans.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That this Act maybe cited as the "Servicemen's Readjustment Act of 1944".

TITLE I

CHAPTER I-HOSPrrALIZATION, CLAIMS, AND PROCEDURES

SEC. 100. The Veterans' Administration is hereby declared to bean essential war agency and entitled, second only to the War andNavy Departments, to priorities in personnel, equipment, supplies,and material under any laws, Executive orders, and regulations per-taining to priorities, and in appointments of personnel from civil-service registers the Administrator of Veterans' Affairs is herebygranted the same authority and discretion as the War and NavyDepartments and the United States Public Health Service: ProvidedThat the provisions of this section as to priorities for materials shallapply to any State institution to be built for the care or hospitali-zation of veterans.

SEC. 101. The Administrator of Veterans' Affairs and the FederalBoard of Hospitalization are hereby authorized and directed toexpedite and complete the construction of additional hospital facili-ties for war veterans, and to enter into agreements and contractsfor the use by or transfer to the Veterans' Administration of suitableArmy and Navy hospitals after termination of hostilities in thepresent war or after such institutions are no longer needed by thearmed services; and the Administrator of Veterans' Affairs is herebyauthorized and directed to establish necessary regional offices, sub-offices, branch offices, contact units, or other subordinate offices incenters of population where there is no Veterans' Administrationfacility, or where such a facility is not readily available or accessible:Provided, That there is hereby authorized to be appropriated the sumof $500,000,000 for the construction of additional hospital facilities.

SEC. 102. The Administrator of Veterans' Affairs and the Secretaryof War and Secretary of the Navy are hereby granted authority toenter into agreements and contracts for the mutual use or exchangeof use of hospital and domiciliary facilities, and such supplies, equip-ment, and material as may be needed to operate properly suchfacilities, or for the transfer, without reimbursement of appropri-ations, of facilities, supplies, equipment, or material necessary and

[58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

proper for authorized care for veterans, except that at no time shallthe Administrator of Veterans' Affairs enter into any agreementwhich will result in a permanent reduction of Veterans' Administra-tion hospital and domiciliary beds below the number now establishedor approved, plus the estimated number required to meet the loadof eligibles under laws administered by the Veterans' Adminis-tration, or in any way subordinate or transfer the operation of theVeterans' Administration to any other agency of the Government.

Nothing in the Selective Training and Service Act of 1940, asamended, or any other Act, shall be construed to prevent the transferor detail of any commissioned, appointed or enlisted personnel fromthe armed forces to the Veterans' Administration subject to agree-ments between the Secretary of War or the Secretary of the Navyand the Administrator of Veterans' Affairs: Provided, That no suchdetail shall be made or extend beyond six months after the termina-tion of the war.

SEC. 103. The Administrator of Veterans' Affairs shall have author-ity to place officials and employees designated by him in such Armyand Navy installations as may be deemed advisable for the purposeof adjudicating disability claims of, and giving aid and advice to,members of the Army and Navy who are about to be discharged orreleased from active service.

SEC. 104. No person shall be discharged or released from activeduty in the armed forces until his certificate of discharge or releasefrom active duty and final pay, or a substantial portion thereof, areready for delivery to him or to his next of kin or legal representative;and no person shall be discharged or released from active service onaccount of disability until and unless he has executed a claim forcompensation, pension, or hospitalization, to be filed with the Vet-erans' Administration or has signed a statement that he has hadexplained to him the right to file such claim: Provided, That this sec-tion shall not preclude immediate transfer to a veterans' facility fornecessary hospital care, nor preclude the discharge of any personwho refuses to sign such claim or statement: And provided further,That refusal or failure to file a claim shall be without prejudice toany right the veteran may subsequently assert.

Any person entitled to a prosthetic appliance shall be entitled, inaddition, to necessary fitting and training, including institutionaltraining, in the use of such appliance, whether in a Service or aVeterans' Administration hospital, or by out-patient treatment,including such service under contract.

SEC. 105. No person in the armed forces shall be required to signa statement of any nature relating to the origin, incurrence, oraggravation of any disease or injury he may have, and any suchstatement against his own interest signed at any time, shall be nulland void and of no force and effect.

CHAPTER II-AID BY VETERANS' ORGANIZATIONS

SEC. 200. (a) That upon certification to the Secretary of War orSecretary of the Navy by the Administrator of Veterans' Affairs ofpaid full time accredited representatives of the veterans' organiza-tions specified in section 200 of the Act of June 29, 1936 (PublicLaw Numbered 844, Seventy-fourth Congress), and other suchnational organizations recognized by the Administrator of Veterans'Affairs thereunder in the presentation of claims under laws adminis-tered by the Veterans' Administration, the Secretary of War andSecretary of the Navy are hereby authorized and directed to permitthe functioning, in accordance with regulations prescribed pursuant

285

Exceptions.No permanent re-

duction in number ofbeds.

No transfer of opera-tion, etc.

Details from armedforces.

54 Stat. 885.50 U. S. C. app. §§

301-318; Supp. III,app. §§ 302-315.

Post, p. 720.

Placement of per-sonnel in Army andNavy installations.

Prerequisites to discharge or release.

Refusal to sign claimor statement.

Care of person en-titled to prostheticappliance.

Statement againstinterest.

49 Stat. 2031.38 U. S. C. 101.

PUBLIC LAWS-CH. 268-JUNE 22, 1944

Measuresofmilitarysecurity.

Recognition ofAmerican Red Cross.

Regulations.

to subsection (b) of this section, of such accredited representativesin military or naval installations on shore from which persons aredischarged or released from the active military or naval service:Provided, That nothing in this section shall operate to affect measuresof military security now in effect or which may hereafter be placedin effect, nor to prejudice the right of the American Red Cross torecognition under existing statutes.

(b) The necessary regulations shall be promulgated by the Secre-tary of War and the Secretary of the Navy jointly with the Admin-istrator of Veterans' Affairs to accomplish the purpose of this section,and in the preparation of such regulations the national officer of eachof such veterans' organizations who is responsible for claims andrehabilitation activities shall be consulted. The commanding officerof each such military or naval installation shall cooperate fully withsuch authorized representatives in the providing of available spaceand equipment for such representatives.

CHAPTER III-REVIEWING AuTHoITrr

Sepalrtions for bet- SEC. 300. The discharge or dismissal by reason of the sentence oftain causes a bar tobenefits. a general court martial of any person from the military or naval

forces, or the discharge of any such person on the ground that he wasa conscientious objector who refused to perform military duty orrefused to wear the uniform or otherwise to comply with lawfulorders of competent military authority, or as a deserter, or of anofficer by the acceptance of his resignation for the good of theservice, shall bar all rights of such person, based upon the period ofservice from which he is so discharged or dismissed, under any

Insane persons. laws administered by the Veterans' Administration: Provided Thatin the case of any such person, if it be established to the satisfactionof the Administrator that at the time of the commission of the offensesuch person was insane, he shall not be precluded from benefits towhich he is otherwise entitled under the laws administered by the

Nonapplication to Veterans' Administration: And provided further, That this sectionies. shall not apply to any war risk, Government (converted) or national

service life-insurance policy.ep a r tnent a SEc. 301. The Secretary of War and the Secretary of the Navy,

after conference with the Administrator of Veterans' Affairs, areauthorized and directed to establish in the War and Navy Depart-ments, respectively, boards of review composed of five members each,whose duties shall be to review, on their own motion or upon therequest of a former officer or enlisted man or woman or, if deceased,

nature of dLtcpgead by the surviving spouse, next of kin, or legal representative, the typeand nature of his discharge or dismissal, except a discharge or dis-missal by reason of the sentence of a general court martial. Suchreview shall be based upon all available records of the service depart-ment relating to the person requesting such review, and such other

Testimony. evidence as may be presented by such person. Witnesses shall bepermitted to present testimony either in person or by affidavit andthe person requesting review shall be allowed to appear before such

"ounsel." board in person or by counsel: Provided, That the term "counsel"as used in this section shall be construed to include, among others,

49 stat x31 2 accredited representatives of veterans' organizations recognized by38 U. . s.. 10o. the Veterans' Administration under section 200 of the Act of June

29, 1936 (Public Law Numbered 844, Seventy-fourth Congress).uthoity of boar. Such board shall have authority, except in the case of a discharge or

dismissal by reason of the sentence of a general court martial, tochange, correct, or modify any discharge or dismissal, and to issue anew discharge in accord with the-facts presented to the board. The

286 [58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

Articles of War and the Articles for the Government of the Navyare hereby amended to authorize the Secretary of War and the Secre-tary of the Navy to establish such boards of review, the findingsthereof to be final subject only to review by the Secretary of Waror the Secretary of the Navy, respectively: Provided, That no requestfor review by such board of a discharge or dismissal under the pro-visions of this section shall be valid unless filed within fifteen yearsafter such discharge or dismissal or within fifteen years after theeffective date of this Act whichever be the later.

SEC. 302. (a) The Secretary of War, the Secretary of the Navy,and the Secretary of the Treasury are authorized and directed toestablish, from time to time, boards of review composed of fivecommissioned officers, two of whom shall be selected from the MedicalCorps of the Army or Navy, or from the Public Health Service, asthe case may be. It shall be the duty of any such board to review,at the request of any officer retired or released to inactive service,without pay, for physical disability pursuant to the decision of aretiring board, the findings and decision of such retiring board. Suchreview shall be based upon all available service records relating tothe officer requesting such review, and such other evidence as maybe presented by such officer. Witnesses shall be permitted to presenttestimony either in person or by affidavit and the officer requestingreview shall be allowed to appear before such board of review inperson or by counsel. In carrying out its duties under this sectionsuch board of review shall have the same powers as exercised by, orvested in, the retiring board whose findings and decision are beingreviewed. The proceedings and decision of each such board ofreview affirming or reversing the decision of the retiring board shallbe transmitted to the Secretary of War, the Secretary of the Navy,or the Secretary of the Treasury, as the case may be, and shall belaid by him before the President for his approval or disapprovaland orders in the case.

(b) No request for review under this section shall be valid unlessfiled within fifteen years after the date of retirement for disabilityor after the effective date of this Act, whichever is the later.

(c) As used in this section-(1) the term "officer" means any officer subject to the laws

granting retirement for active service in the Army, Navy,Marine Corps, or Coast Guard, or any of their respective com-ponents;

(2) the term "counsel" shall have the same meaning as whenused in section 301 of this Act.

TITLE II

CHAPTER IV--EDUCATION OF VETERANS

SEC. 400. (a) Subsection (f) of section 1, title I, Public LawNumbered 2, Seventy-third Congress, added by the Act of March24, 1943 (Public Law Numbered 16, Seventy-eighth Congress), ishereby amended to read as follows:

"(f) Any person who served in the active military or naval forceson or after September 16, 1940, and prior to the termination ofhostilities in the present war, shall be entitled to vocational reha-bilitation subject to the provisions and limitations of Veterans Regu-lation Numbered 1 (a), as amended, part VII, or to education ortraining subject to the provisions and limitations of part VIII."

(b) Veterans Regulation Numbered 1 (a), is hereby amended byadding a new part VIII as follows:

287

41 Stat. 787.10 U. . c. §§ 1471-

1593; Supp. III, § 1473et seq.

RS. S. 1624.34 U. C. . 1200.Time limitation.

Review of decisionsof retiring boards.

Testimony

Executive review.

Time limitation.

"Officer."

"Counsel."

57 Stat. 43.38 U. S. C., Supp.

III, § 701.

Vocational rehabili-tation.

Eligibility

57 Stat. 43.38 U. S. C., Supp.

II, note toll. 6 732.Post, p. 291; infra.38 U. S. C. note foll.

i 724; Supp. II, notefoll. 732.

Ante. pp. 219, 230;pt, pp. 291, 793.

PUBLIC LAWS--CH. 268-JUNE 22, 1944

"Part VIII

Eligibility for edu- 1. Any person who served in'the active military or naval serviceon or after September 16, 1940, and prior to the termination of thepresent war, and who shall have been discharged or released there-from under conditions other than dishonorable, and whose educationor training was impeded, delayed, interrupted, or interfered with byreason of his entrance into the service, or who desires a refresher or

Qualiying period of retraining course, and who either shall have served ninety days orservice. more, exclusive of any period he was assigned for a course of edu-

cation or training under the Army specialized training program orthe Navy college training program, which course was a continuationof his civilian course and was pursued to completion or as a cadetor midshipman at one of the service academies, or shall have beendischarged or released from active service by reason of an actualservice-incurred injury or disability, shall be eligible for and entitled

Time limitation, to receive education or training under this part: Provided, That suchcourse shall be initiated not later than two years after either thedate of his discharge or the termination of the present war, which-ever is the later: Provided further, That no such education or train-ing shall be afforded beyond seven years after the termination of the

Peon not over 25 present war: And provided further, That any such person who was

not over 25 years of age at the time he entered the service shall bedeemed to have had his education or training impeded, delayed,interrupted, or interfered with.

orPiodtg education "2. Any such eligible person shall be entitled to education or train-ing, or a refresher or retraining course, at an approved educationalor training institution, for a period of one year (or the equivalentthereof in continuous part-time study), or for such lesser time as

Additional periods. may be required for the course of instruction chosen by him. Uponsatisfactory completion of such course of education or training,according to the regularly prescribed standards and practices of theinstitutions, except a refresher or retraining course, such personshall be entitled to an additional period or periods of educationor training, not to exceed the time such person was in the activeservice on or after September 16, 1940, and before the termination ofthe war, exclusive of any period he was assigned for a course ofeducation or training under the Army specialized training programor the Navy college training program, which course was a continua-tion of his civilian course and was pursued to completion, or as a

Limitation. cadet or midshipman at one of the service academies, but in no eventshall the total period of education or training exceed four years:

Quality of work. Provided, That his work continues to be satisfactory throughout theperiod, according to the regularly prescribed standards and prac-

pletenson to ore- tices of the institution: Provided, however, That wherever the addi-mester. tional period of instruction ends during a quarter or semester and

after a major part of such quarter or semester has expired, suchperiod of instruction shall be extended to the termination of suchunexpired quarter or semester.

and in'sttutionsse "3. Such person shall be eligible for and entitled to such courseof education or training as he may elect, and at any approved educa-tional or training institution at which he chooses to enroll, whetheror not located in the State in which he resides, which will accept orretain him as a student or trainee in any field or branch of knowledge

Ch r d which such institution finds him qualified to undertake or pursue:rtnu o daoe. Provided, That, for reasons satisfactory to the Administrator, hemay change a course of instruction: And provided further, That any

ch course of education or training may be discontinued at anytime, if it is found by the Administrator that, according to the

[58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

regularly prescribed standards and practices of the institution, theconduct or progress of such person is unsatisfactory.

"4. From time to time the Administrator shall secure from the List of approved in-appropriate agency of each State a list of the educational and train- sttuting institutions (including industrial establishments), within suchjurisdiction, which are qualified and equipped to furnish educationor training (including apprenticeship and refresher or retrainingtraining), which institutions, together with such additional ones asmay be recognized and approved by the Administrator, shall bedeemed qualified and approved to furnish education or training tosuch persons as shall enroll under this part: Provided, That wherever se of State appren-there are established State apprenticeship agencies expressly chargedby State laws to administer apprentice training, whenever possible,the Administrator shall utilize such existing facilities and services intraining on the job when such training is of one year's durationor more.

"5. The Administrator shall pay to the educational or training anaent of tuitioninstitution, for each person enrolled in full time or part time courseof education or training, the customary cost of tuition, and suchlaboratory, library, health, infirmary, and other similar fees as arecustomarily charged, and may pay for books, supplies, equipment,and other necessary expenses, exclusive of board, lodging, other liv-ing expenses, and travel, as are generally required for the successfulpursuit and completion of the course by other students in the institu-tion: Provided, That in no event shall such payments, with respect to aLimf' t 'ion onany person, exceed $500 for an ordinary school year: Provided fur-ther, That no payments shall be made to institutions, business or xclusionsother establishments furnishing apprentice training on the job: Andprovided further, That if any such institution has no established comFpnasdton.abletuition fee, or if its established tuition fee shall be found by theAdministrator to be inadequate compensation to such institution forfurnishing such education or training, he is authorized to provide forthe payment, with respect to any such person, of such fair and reason-able compensation as will not exceed $500 for an ordinary schoolyear. Subsistence allow-

"6. While enrolled in and pursuing a course under this part, such ance.person, upon application to the Administrator, shall be paid a sub-sistence allowance of $50 per month, if without a dependent ordependents, or $75 per month, if he has a dependent or dependents,including regular holidays and leave not exceeding thirty days in acalendar year. Such person attending a course on a part-time basis,and such person receiving compensation for productive labor per-formed as part of their apprentice or other training on the job atinstitutions, business or other establishments, shall be entitled toreceive such lesser sums, if any, as subsistence or dependency allow-ances, as may be determined by the Administrator: Provided, That suCbsistenceallowance.any such person eligible under this part, and within the limitationsthereof, may pursue such full time or part-time course or courses ashe may elect, without subsistence allowance.

"7. Any such person eligible for the benefits of this part, who is E Stat. 43.also eligile for the benefit of part VII, may elect which benefit he 38 UfS.nC., Supp.

desires: Provided, That, in the event of such election, subsistence tP, p. 29i.allowance hereunder shall not exceed the amount of additional pen-sion payable for training under said part VII. N Federal per-

"8. No department, agency, or officer of the United States, in vision over Statecarrying out the provisions of this part, shall exercise any supervision aencis.or control, whatsoever, over any State educational agency, or Stateapprenticeship agency, or any educational or training institution:

9360O-45--PT. -x 19

289

PUBLIC LAWS-CH. 268-JUNE 22, 1944

Provided, That nothing in this section shall be deemed to preventany department, agency, or officer of the United States from exer-cising any supervision or control which such department, agency, orofficer is authorized, by existing provisions of law, to exercise overany Federal educational or training institution, or to prevent thefurnishing of education or training under this part in any institutionover which supervision or control is exercised by such other depart-ment, agency, or officer under authority of existing provisions of law.

Administration. "9. The Administrator of Veterans' Affairs is authorized andempowered to administer this title, and, insofar as he deems prac-ticable, shall utilize existing facilities and services of Federal andState departments and agencies on the basis of mutual agreementswith them. Consistent with and subject to the provisions and limita-tions set forth in this title, the Administrator shall, from time totime, prescribe and promulgate such rules and regulations as maybe necessary to carry out its purposes and provisions.

ducationa and vo- "10. The Administrator may arrange for educational and vocationalciguidance to persons eligible for education and training under this

part. At such intervals as he deems necessary, he shall make avail-able information respecting the need for general education and fortrained personnel in the various crafts, trades, and professions:Provided, That facilities of other Federal agencies collecting suchinformation shall be utilized to the extent he deems practicable.

"Educational or "11. As used in this part, the term 'educational or training institu-trasningIstitutons. tions' shall include all public or private elementary, secondary, and

other schools furnishing education for adults, business schools andcolleges, scientific and technical institutions, colleges, vocationalschools, junior colleges, teachers colleges, normal schools, professional

vEstablshments P schools, universities, and other educational institutions, and shall alsojob. include business or other establishments providing apprentice or other

training on the job, including those under the supervision of anapproved college or university or any State department of education,or any State apprenticeship agency or State board of vocational edu-cation, or any State apprenticeship council or the Federal ApprenticeTraining Service established in accordance with Public, Numbered

9 Uat8 6. . It - 308, Seventy-fifth Congress, or any agency in the executive branchBob. of the Federal Government authorized under other laws to supervise

such training."57 Stat. 45.38 U.S. C upp. SEO. 401. Section 3, Public Law Numbered 16, Seventy-eighth

II, no foil. . Congress, is hereby amended to read as follows:Fds"valable. SEC. 3. The appropriation for the Veterans' Administration, 'Sal-

aries and expenses, medical and hospital, and compensation ands38 U.S C, Supp. pensions' shall be available for necessary expenses under part VII,

mn note l. i. as amended, or part VIII of Veterans Regulation Numbered 1 (a),2 tn. . a and there is hereby authorized to be appropriated such additional

priationauthordp r amount or amounts as may be necessary to accomplish the purposesthereof. Such expenses may include, subject to regulations issued bythe Administrator and in addition to medical care, treatment, hos-pitalization, and prosthesis, otherwise authorized, such care, treat-ment, and supplies as may be necessary to accomplish the purposes ofpart VII, as amended, or part VII of Veterans Regulation Num-bered 1 (a)."

s57 stat. 43.8U. S c. SupS SEC. 402. Public Law Numbered 16, Seventy-eighth Congress, is, 701. note fo. hereby amended by adding thereto a new section 4 to read as follows:f e or "SE. a 4 Any books, supplies, or equipment furnished a trainee or

ta. 43. student under part VII or part VI of Veterans Regulation Num-m U.teS. ., Spp. bered 1 (a) shall be deemed released to him: Provide,That if he fail

At Ap 28 7p; pt ,P p.M9L

[58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

because of fault on his part to complete the course of training oreducation afforded thereunder, he may be required, in the discretionof the Administrator, to return any or all of such books, supplies, orequipment not actually expended or to repay the reasonable valuethereof."

SEC. 403. Paragraph 1, part VII, Veterans Regulation Numbered1 (a) (Public Law Numbered 16, Seventy-eighth Congress), is herebyamended by inserting after the word "time" the words "on or"and deleting the date "December 6, 1941" and substituting thereforthe date "September 16, 1940".

TITLE III-LOANS FOR THE PURCHASE OR CONSTRUC-TION OF HOMES, FARMS, AND BUSINESS PROPERTY

CHAPTrE V-GENERAL PROVISIoNS FOR LOANS

SEC. 500. (a) Any person who shall have served in the activemilitary or naval service of the United States at any time on or afterSeptember 16, 1940, and prior to the termination of the present warand who shall have been discharged or released therefrom underconditions other than dishonorable after active service of ninety daysor more, or by reason of an injury or disability incurred in servicein line of duty, shall be eligible for the benefits of this title. Anysuch veteran may apply within two years after separation from themilitary or naval forces, or two years after termination of the war,whichever is the later date, but in no event more than five years afterthe termination of the war, to the Administrator of Veterans' Affairsfor the guaranty by the Administrator of not to exceed 50 per centumof a loan or loans for any of the purposes specified in sections 501,502 and 503: Provided, That the aggregate amount guaranteed shallnot exceed $2,000. If the Administrator finds that the veteran iseligible for the benefits of this title and that the loan applied forappears practicable, the Administrator shall guarantee the paymentof the part thereof as set forth in this title.

(b) Interest for the first year on that part of the loan guaranteedby the Administrator shall be paid by the Administrator out ofavailable appropriations. No security for the guaranty of a loanshall be required except the right to be subrogated to the lien rightsof the holder of the obligation which is guaranteed: Provided, Thatpursuant to regulations to be issued by the Administrator the mort-gagor and mortgagee shall agree that before beginning foreclosureproceedings for default in payment of principal or interest due, theAdministrator shall have at least thirty days'notice with the optionof bidding in the property on foreclosure or of refinancing the loanwith any other agency or by any other means available.

(c) Loans guaranteed by the Administrator under this title shallbe payable under such terms and conditions as may be approved bythe Administrator: Provided, That the liability under the guaranty,within the limitations of this title, shall decrease or increase prorata with any decrease or increase of the amount of the unpaid por-tion of the obligation: Provided further, That loans guaranteed bythe Administrator shall bear interest at a rate not exceeding 4 percentum per annum and shall be payable in full in not more thantwenty years. The Administrator is authorized and directed toguarantee loans to veterans subject to the provisions of this title onapproved applications made to persons, firms, associations, and cor-porations and to governmental agencies and corporations, either Stateor Federal

291

57 Stat. 43.38 U. 8. 0., Supp.

III, note foll. 732.

Persons eligible.

Period for makingapplication.

Guaranty ofamount, limitation.

Interest for firstyear.

Right to subroga-tion.

Notice of intendedforeclosure proceed-ings.

Option to bid orrefinance.

Repayments.

Relative liabilityunder guaranty.

Interest

Guaranty of loanson approved applica-tions.

[58 STAT.PUBLIC LAWS--CH. 268-JUNE 22, 1944

PURCHASE OR CONSTRUCTION OF HOMES

Appllationforguar- SEC. 501. (a) Any application made by a veteran under this titlenty requiremets. for the guaranty of a loan to be used in purchasing residential prop-

erty or in constructing a dwelling on unimproved property ownedby him to be occupied as his home may be approved by the Adminis-trator of Veterans' Affairs if he finds-

Use of proceeds in (1) that the proceeds of such loans will be used for paymentpaymentforproperty. for such property to be purchased or constructed by the veteran;

Termsin proportiofn (2) that the contemplated terms of payment required in anyncome mortgage to be given in part payment of the purchase price

or the construction cost bear a proper relation to the veteran'sNature and condi- present and anticipated income and expenses; and that the nature

and condition of the property is such as to be suitable fordwelling purposes; and

Reasonable price. (3) that the purchase price paid or to be paid by the veteranfor such property or the construction cost, including the valueof the unimproved lot, does not exceed the reasonable normalvalue thereof as determined by proper appraisal.

ppication for re (b) Any application for the guaranty of a loan under this sectionfor the purpose of making repairs, alterations, or improvements in,or paying delinquent indebtedness, taxes, or special assessments on,residential property owned by the veteran and used by him as hishome, maybe approved by the Administrator if he finds that theproceeds of such loan will be used for such purpose or purposes.

Insurance under (C) No first mortgage shall be ineligible for insurance under theNationalHousingAct.48 tat. 124. National Housing Act, as amended, by reason of any loan guaran-12 U. S. c. § 1701;

Supp. n, § 1702 teed under this title, or by reason of any secondary lien upon thedPos p. 48 property involved securing such loan.

PURCHASE OF FARMS AND FARM EQUIPMENT

Applicationforguar-anty, requirements.

Use for farmingoperations.

Likelihood of suce

Reasonable price.

Applicationforguar-Mnty. requirements.

SEC. 502. Any application made under this title for the guarantyof a loan to be used in purchasing any land, buildings, livestock,equipment, machinery, or implements, or in repairing, altering, orimproving any buildings or equipment, to be used in farming opera-tions conducted by the applicant, may be approved by the Adminis-trator of Veterans' Affairs if he finds-

(1) that the proceeds of such loan will be used in payment forreal or personal property purchased or to be purchased by theveteran, or for repairing, altering, or improving any buildingsor equipment, to be used in bona fide farming operationsconducted by him;

(2) that such property will be useful in and reasonably neces-sary for efficiently conducting such operations;

(3) that the ability and experience of the veteran, and thenature of the proposed farming operations to be conducted byhim, are such that there is a reasonable likelihood that suchoperations will be successful; and

(4) that the purchase price paid or to be paid by the veteranfor such property does not exceed the reasonable normal valuethereof as determined by proper appraisal.

PURCHASE OF BUSINESS PROPERTY

SEO. 503. Any application made under this title for the guarantyof a loan to be used in purchasing any business, land, buildings, sup-plies, equipment, machinery, or tools, to be used by the applicant in

292

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

pursuing a gainful occupation (other than farming) may be approvedy the Administrator of Veterans' Affairs if he finds-

(1) that the proceeds of such loan will be used for paymentfor real or personal property purchased or to be purchased bythe veteran and used by him in the bona fide pursuit of suchgainful occupation;

(2) that such property will be useful in and reasonably neces-sary for the efficient and successful pursuit of such occupation;

(3) that the ability and experience of the veteran, and the con-ditions under which he proposes to pursue such occupation, aresuch that there is a reasonable likelihood that he will be successfulin the pursuit of such occupation; and

(4) that the purchase price paid or to be paid by the veteranfor such property does not exceed the reasonable normal valuethereof as determined by proper appraisal.

SEC. 504. The Administrator of Veterans' Affairs is authorized topromulgate such rules and regulations as are deemed necessary andappropriate for carrying out the provisions of this title, and maydelegate to a subordinate employee authority to approve loans subjectto the provisions of this title and the rules promulgated thereunder.

SEC. 505. (a) The Administrator shall designate such agency oragencies, if any, as he finds equipped to determine whether theguaranty of loan should be approved under this title. In any casewherein a principal loan, for any of the purposes stated in section501, 502, or 503, is approved by a Federal agency to be made orguaranteed or insured by it pursuant to applicable law and regula-tions, and the veteran is in need of a second loan to cover theremainder of the purchase price or cost, or a part thereof, theAdministrator, subject otherwise to the provisions of this title,including the limitation of $2,000 on the total amount which maybe guaranteed, may guarantee the full amount of the second loan:Provided, That such second loan shall not exceed 20 per centum ofthe purchase price or cost and that the rate of interest thereon shallnot exceed that on the principal loan by more than 1 per centum:And provided further, That regulations to be promulgated jointlyby the Administrator and the head of such agency may provide forservicing of both loans by such agency and for refinancing of theprincipal loan to include any unpaid portion of the secondary loanwith accrued interest, if any, after the curtailment thereon equalstwice the amount of the secondary loan.

(b) Any person who is found by the Administrator of Veterans'Affairs to be a veteran eligible for the benefits of this title, as pro-vided in section 500 hereof, and who is found by the Secretary ofAgriculture, by reason of his ability and experience, including train-ing as a vocational trainee, to be likely to carry out successfullyundertakings required of him under a loan which may be madeunder the Bankhead-Jones Farm Tenant Act, shall be eligible forthe benefits of such Act to the same extent as if he were a farmtenant.

TITLE IV

293

Use in pursuit ofgainful occupation.

Likelihood of succes.

Reasonable price.

Rules and regula-tions.

Designation of de-termining agency.

Second loans.

Servicing of loans;refinancing of princi-pal loan.

Eligibility underBankheadJonesFarmTenant Act.

50 Stat. 522.7 U.S. .S. 1000-

1029; Supp. III, i 1011.

CHAPTER VI-EMPLOYMENT OF VETERANS

SEO. 600. (a) In the enactment of the provisions of this title Job counseling andCongress declares as its intent and purpose that there shall be an emnntlvt place-effective job counseling and employment placement service for vet-erans, and that, to this end, policies shall be promulgated and admin-istered, so as to provide for them the maximum of job opportunity

PUBLIC LAWS-CH. 26&-JUNE 22, 1944

veterans' Place- in the field of gainful employment. For the purpose there is herebyment Sce Board. created to cooperate with and assist the United States Employment

48 stat. 113.U.tS

1.

3 C. 49; Service, as established by the provisions of the Act of June 6, 1933,upp. m, 49 note. a Veterans' Placement Service Board, which shall consist of the

Administrator of Veterans' Affairs, as Chairman, the Director ofthe National Selective Service System, and the Administrator ofthe Federal Security Agency, or whoever may have the responsibilityof administering the functions of the United States EmploymentService. The Board shall determine all matters of policy relatingto the administration of the Veterans' Employment Service of theUnited States Employment Service.

Cuhairmans of Bord (b) The Chairman of the Board shall have direct authority andresponsibility for carrying out its policies through the veterans'employment representatives in the several States or through per-

s8 U. S9. C. pp. sons engaged in activities authorized by subsection (g) of section 8*308(g). of the Selective Service Act of 1940 (Public Law 783, Seventy-sixth

Congress, approved September 16, 1940, as amended (U. S. C., titleEecutivesecretary. 50, sec. 308)). The Chairman may delegate such authority to an

executive secretary who shall be appointed by him and who shallthereupon be the Chief of the Veterans' Employment Service of theUnited States Employment Service.

aiabity of (c) The public records' of the Veterans' Personnel Division,National Selective Service System, and the Veterans' EmploymentService of the United States Employment Service shall be availableto the Board.Veterans' employ- to the Board.

ment representatives. SEc. 601. The United States Employment Service shall assign toAssignment to each of the States a veterans' employment representative, who shall

be a veteran of the wars of the United States separated from activeservice under honorable conditions, who at the time of appointmentshall have been a bona fide resident of the State for at least twoyears, and who shall be appointed, subject to the approval of theBoard, in accordance with the civil-service laws, and whose com-

542 Stt. I 61; pensation shall be fixed in accordance with the Classification Act ofSupp. IIIm661 et . 1923, as amended. Each such veterans' employment representative

shall be attached to the staff of the public employment service inApodmnbltive the State to which he has been assigned. He shall be administra-

tively responsible to the Board, through its executive secretary, forthe execution of the Board's veterans' placement policies through thepublic employment service in the State. In cooperation with thepublic employment service staff in the State, he shall-

Duties. (a) be functionally responsible for the supervision of theregistration of veterans in local employment offices for suit-able types of employment and for placement of veterans inemployment;

(b) assist in securing and maintaining current informationas to the various types of available employment in public worksand private industry or business;

(c) promote the interest of employers in employing veterans;(d) maintain regular contact with employers and veterans'

organizations with a view of keeping employers advised of veter-ans available for employment and veterans advised of opportu-nities for employment; and

(e) assist in every possible way in improving working condi-tions and the advancement of employment of veterans.

t st -ign SEO. 602. Where deemed necessary by the Board, there shall beassigned by the administrative head of the employment service inthe State one or more employees, preferably veterans, of the staffsof local employment service offices, whose services shall be primarily

[58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

devoted to discharging the duties prescribed for the veterans' employ-ment representative.

SEC. 603. All Federal agencies shall furnish the Board suchrecords, statistics, or information as may be deemed necessary orappropriate in administering the provisions of this title, and shallotherwise cooperate with the Board in providing continuous employ-ment opportunities for veterans.

SEC. 604. The Federal agency administering the United StatesEmployment Service shall maintain that service as an operatingentity and, during the period of its administration, shall effectuatethe provisions of this title.

SEC. 605. (a) The Board through its executive secretary shall esti-mate the funds necessary for the proper and efficient administrationof this title; such estimated sums shall include the annual amountsnecessary for salaries, rents, printing and binding, travel, and com-munications. Sums thus estimated shall be included as a special itemin the annual budget of the United States Employment Service.Any funds appropriated pursuant to this special item as containedin the budget of the United States Employment Service shall notbe available for any purpose other than that for which they wereappropriated, except with the approval of the Board.

(b) The War Manpower Commission shall from its current appro-priation allocate and make available sufficient funds to carry out theprovisions of this title during the current fiscal year.

SEC. 606. The term "United States Employment Service" as usedin this title means that Bureau created by the provisions of the Actof June 6, 1933, or such successor agencies as from time to timeshall perform its functions and duties, as now performed by theWar Manpower Commission.

SEC. 607. The term "veteran" as used in this title shall mean aperson who served in the active service of the armed forces during aperiod of war in which the United States has been, or is, engaged,and who has been discharged or released therefrom under conditionsother than dishonorable.

TITLE V

CHAPTER VII-READJUSTMENT ALLOWANCES FOR FORMER MIEMBERS OFTHE ARMED FORCES WHO ARE UNEMPLOYED

SEC. 700. (a) Any person who shall have served in the activemilitary or naval service of the United States at any time afterSeptember 16, 1940, and prior to the termination of the present war,and who shall have been discharged or released from active serviceunder conditions other than dishonorable, after active service of ninetydays or more, or by reason of an injury or disability incurred inservice in line of duty, shall be entitled, in accordance with theprovisions of this title and regulations issued by the Administratorof Veterans' Affairs pursuant thereto, to receive a readjustment allow-ance as provided herein for each week of unemployment, not to exceeda total of fifty-two weeks, which (1) begins after the first Sundayof the third calendar month after the date of enactment hereof, and(2) occurs not later than two years after discharge or release or thetermination of the war, whichever is the later date: Provided, Thatno such allowance shall be paid for any period for which he receivesincreased pension under part VII of Veterans Regulation 1 (a) ora subsistence allowance under part VIII of such regulation: Providedfurther, That no readjustment allowance shall be payable for anyweek commencing more than five years after the termination of hos-tilities in the present war.

Eligibility for read-justment allowance.

Period of unemploy-ment.

Disallowances.

57 Stat. 43.38 U. S. C., Supp.

m, note foll. 732.Ante, pp. 287, 291.

295

Cooperation of Fed-eral agencies.

Maintenance of U. S.Employment Service.

Annual estimate ofexpenses.

Expenses of currentfiscal year.

"United States Em-ployment Service."

48 Stat. 113.29 U. . C. C 49;

Supp. IIl, 49 note.

"Veteran."

296

Conditions andstandards.

Illness or disability.

Ante, p. 295.

Voluntary leaving;misconduct.

Failure to apply foror accept work.

Nonattendance attraining course.

Stoppage due to la-bor dispute.

Exceptions.

Nonparticipant.

Nonmember of classinterested in dispute.

Separability of de-pertments.

Period of disqualifi-cation.

PUBLIC LAWS-CH. 268-JUNE 22, 1944 [58 STAT.

(b) Such person shall be deemed eligible to receive an allowancefor any week of unemployment if claim is made for such allowanceand the Administrator finds with respect to such week that-

(1) the person is residing in the United States at the time ofsuch claim;

(2) the person is completely unemployed, having performedno service and received no wages, or is partially unemployedin that services have been performed for fess than a full work-week and the wages for the week are less than the allowanceunder this title plus $3;

(3) the person is registered with and continues to report toa public employment office, in accordance with its regulations;

(4) the person is able to work and available for suitable work:Provided, That no claimant shall be considered ineligible in anyperiod of continuous unemployment for failure to comply withthe provisions of this subparagraph if such failure is due to anillness or disability which occurs after the commencement ofsuch period.

CHAPrER V YII-DISQUALm'CATIONs

SEC. 800. (a) Notwithstanding the provisions of section 700, aclaimant shall be disqualified from receiving an allowance if-

(1) he leaves suitable work voluntarily, without good cause,or is suspended or discharged for misconduct in the course ofemployment

(2) he, without good cause, fails to apply for suitable workto which he has been referred by a public employment office,or to accept suitable work when offered him; or

(3) he, without good cause, does not attend an available freetraining course as required by regulations issued pursuant tothe provisions of this title.

(b) Notwithstanding the provisions of section 700, a claimantshall also be disqualified from receiving an allowance for any weekwith respect to which it is found that his unemployment is due toa stoppage of work which exists because of a labor dispute at thefactory, establishment, or other premises at which he is or was lastemployed: Provided, That this subsection shall not apply if it isshown that-

(1) he is not participating in or directly interested in thelabor dispute which causes the stoppage of work; and

(2) he does not belong to a grade or class of workers ofwhich, immediately before the commencement of the stoppagethere were members employed at the premises at which thestoppage occurs, any of whom are participating in or directlyinterested in the dispute: Provided, however, That if in anycase separate branches of work, which are commonly conductedas separate business in separate premises, are conducted in sepa-rate departments of the same premises, each such departmentshall, for the purposes of this subsection, be deemed to be a sepa-rate factory, establishment, or other premises.

(c) (1) If a claimant is disqualified under the provisions of sub-section (a) of this section, he shall be disqualified to receive anyreadjustment allowance for the week in which the cause of his dis-qualification occurred and for not more than four immediatelyfollowing weeks.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

(2) In addition to the disqualification prescribed in paragraph(1) above, the Administrator may, in cases of successive disquali-fications under the provisions of subsection (a) of this section, ex-tend the period of disqualification for such additional period as theAdministrator may prescribe, but not to exceed eight additional weeksin the case of any one disqualification.

(d) (1) In determining under subsection (a) of this section thesuitability of work or the existence of good cause with respect to aclaimant, the conditions and standards prescribed by the unemploy-ment compensation laws of the State in which he files his claim shallgovern: Provided, That the Administrator may prescribe conditionsand standards for applicants in any State having no applicablestatute.

(2) In determining under subsection (a) of this section the suit-ability of work, no work shall be deemed suitable for an individualif-

(A) the position offered is vacant due directly to a strike,lock-out, or other labor dispute; or

(B) the wages, hours, or other conditions of the work offeredare substantially less favorable to him than those prevailing forsimilar work in the locality.

CHAPTER IX-AMOUNT OF ALLOWANCE AND PAYMENT

SEc. 900. (a) The allowance for a week shall be $20 less thatpart of the wages payable to him for such week which is in excessof $3: Provided, That where the allowance is not a multiple of $1,it shall be computed to the next highest multiple of $1.

(b) The number of weeks of allowances to which each eligibleveteran shall be entitled shall be determined as follows: For eachcalendar month or major fraction thereof of active service duringthe period stated in section 700 the veteran shall be entitled to fourweeks of allowances, but in no event to exceed the maximum providedin section 700: Provided, That the allowance for the qualifyingninety days service shall be eight weeks for each such month.

SEC. 901. (a) Readjustment allowances shall be paid at the inter-vals prescribed by the unemployment compensation law of the Statein which the claim was made: Provided, That if none are so pre-scribed readjustment allowances shall be paid at such reasonableintervals as may be determined by the Administrator.

(b) Any allowances remaining unpaid upon the death of a claimantshall not be considered a part of the assets of the estate of theclaimant, or liable for the payment of his debts, or subject to anyadministration of his estate, and the Administrator may make pay-ment thereof to such person or persons he finds most equitablyentitled thereto.

SEC. 902 (a) Any person qualified under subsection (a) of section700, and residing in the United States who is self-employed for profitin an independent establishment, trade, business, profession, or othervocation shall be eligible for readjustment allowances under this titlewithin the time periods applicable, and not in excess of the totalamount provided in this title.

(b) Upon application by the veteran showing, in accordance withrules prescribed by the Administrator, that he has been fully engagedin such self-employment and that his net earnings in a trade, business,profession, or vocation, have been less than $100 in the previous cal-endar month, the veteran shall be entitled to receive, subject to thelimitations of this title as to time and amount, the difference (adjusted

297

Extension.

Suitability of work,determination.

Work deemed un-suitable.

Amount per week.

Over-all limitation.

Aste, p. 296.

Interval payments.

Status of unpaid al-lowanoe at death.

Sell-employment.Ante, p. 295.

PUBLIC LAWS--CI 268-JUNE 22, 1944

to the next highest multiple of $1), between $100 and his net earningsfor such month.

(c) Payment of such allowance shall be made by the Administratorto each eligible veteran at the time and in the manner other paymentsare made directly to veterans by the Administrator.

(d) Subsection (b) of section 700 and section 800 shall not apply indetermining the eligibility for allowances of a claimant under thissection.

CHAPrER X-ADJUSTMENT OF DUPLCATE BENEFTS

SEc. 1000. Where an allowance is payable to a claimant under thistitle and where, for the same period, either an allowance or benefit isreceived under any Federal or State unemployment or disability com-pensation law, the amount received or accrued from such other sourceshall be subtracted from the allowance payable under this title (exceptthat this section shall not apply to pension, compensation, or retiredpay paid by the Veterans' Administration); and the resulting allow-ances, if not a multiple of $1, shall be readjusted to the next highermultiple of $1.

CEPTER XI-ADMINIsTATIno

Use of existing facil-ities by agreement.

Resident represent-ative.

Rules and regula-tions, reoards andreports.

Delegation ofpowersand duties.

Repayment to co-operating State agen-ies.

SEC. 1100. (a) The Administrator of Veterans' Affairs is author-ized to administer this title and shall, insofar as possible, utilizeexisting facilities and services of Federal and State departments oragencies on the basis of mutual agreements with such departments oragencies. Such agreements shall provide for the filing of claims forreadjustment allowances with the Administrator through establishedpublic employment offices and State unemployment-compensationagencies. Such agencies, through agreement, shall also be utilized inthe processing, adjustment, and determination of such claims andthe payment of such allowances. To facilitate the carrying out ofagreements with State departments or agencies and to assist in thedischarge of the Administrator's duties under this title, a representa-tive of the Administrator, who shall be a war veteran separated fromactive service under honorable conditions and who at the time ofappointment shall have been a bona fide resident of the State for atleast two years, shall be located in each participating State depart-ment or agency.

(b) The Administrator, consistent with the provisions of this title,shall prescribe such rules and regulations and require such recordsand reports as he may find necessary to carry out its purposes: Pro-vided, however, That cooperative rules and regulations relating tothe performance by Federal or State departments, or agencies, of func-tions under agreements made therewith may be made by the Admin-istrator after consultation and advisement with representatives ofsuch departments or agencies.

(c) The Administrator may delegate to any officer or employee ofhis own or of any cooperating department or agency of any Statesuch of his powers and duties, except that of prescribing rules andregulations, as the Administrator may consider necessary and properto carry out the purposes of this title.

(d) Allowances paid by the cooperating State agencies shall berepaid upon certification by the Administrator. The Secretary ofthe Treasury, through the Division of Disbursement of the Treasury,and without the necessity of audit and settlement by the GeneralAccounting Office, shall pay monthly to the departments, agencies,or individuals designated, the amounts so certified.

Ante, p. 296

[58 STAT.

58 STAT.] 78TH CONG., 2D SESS.-CH. 268-JUNE 22, 1944

(e) The Administrator shall from time to time certify to theSecretary of the Treasury for payment in advance or otherwise suchsums as he estimates to be necessary to compensate any Federaldepartment or agency for its administrative expenses under this title.Such sums shall cover periods of no longer than six months.

(f) The Administrator shall also from time to time certify to thethe Social Security Board such State departments or agencies as maybe participating in the administration of this title, and the amount ofthe administrative expense incurred or to be incurred by a Stateunder agreements made pursuant to this section. Upon such certifi-cation the Social Security Board shall certify such amount to theSecretary of the Treasury, in addition to the amount, if any, payableby said Board under the provisions of section 302 (a) of the SocialSecurity Act, as amended, and the additional amount so certifiedshall be paid to each State by the Secretary of the Treasury out ofthe appropriation for the Veterans' Administration.

(g) Any money paid to any cooperating agency or person, whichis not used for the purpose for which it was paid shall, upon termina-tion of the period covered by such payment or the agreement with suchagency or person, be returned to the Treasury and credited to thecurrent appropriation for carrying out the purpose of this title, or,if returned after the expiration of period covered by this title, shallbe covered into the Treasury as miscellaneous receipts.

SEC. 1101. (a) No person designated by the Administrator as acertifying officer shall, in the absence of gross negligence, or intentto defraud the United States, be liable with respect to the paymentof any allowance certified by him under this title.

(b) No disbursing officer shall, in the absence of gross negligence,or intent to defraud the United States, be liable with respect to anypayment by him under this title if it was based upon a voucher signedby a certifying officer designated by the Administrator.

SEC. 1102. Any claimant whose claim for an allowance has beendenied shall be entitled to a fair hearing before an impartial tribunalof the State agency or such other agency as may be designated bythe Administrator. The representative of the Administrator locatedin each State shall be the final appellate authority in regard to con-tested claims arising in such State, subject to review by theAdministrator.

SEC. 1103. In the case of any veteran eligible under the provisionsof this title who either at the time of application for the benefitsherein provided is a "qualified employee" as defined in section 8of the Railroad Unemployment Insurance Act, as amended, or waslast employed prior to such application by an employer as definedin section 1 (a) of the said Act, claim may be made through an officeoperated by or a facility designated as a free employment office bythe Railroad Retirement Board pursuant to the provisions of saidAct. In such cases, the conditions and standards as to suitabilityof work or existence of good cause, the intervals for making claimfor and payment of benefits, and the administrative and appellateprocedures prescribed by or under said Act shall govern, if not inconflict with the provisions of this title, the appellate proceduresbeing subject to final appeal to the Administrator. In such cases,a reference in this title to a cooperating State agency shall be deemedto include the Railroad Retirement Board.

CHArEI XII-DECISIONS AND PROCEDJUES

SEC. 1200. The authority to issue subpenas and provisions forinvoking aidof the courts of the United States in case of disobedience

299

Compensation toFederal agencies.

Certification toSocial Security Board.

Payments to States.

49 Stat. 626.42 U. C. . 502 (a).

Return and credit ofunused funds.

Nonliability of cer-tifying officer.

Disbursing offcer.

Hearing on deniedclaims.

Claims throughRailroad RetirementBoard.

82 Stat. 107.46 U. S. . 1838.

82 Stat. 100.48U. s. o. I61 (a)

PUBLIC LAWS-CH. 268-JUNE 22, 1944 [58 STAT.

thereto, to make investigations, and to administer oaths, as containedin title III of the Act of June 29, 1936 (49 Stat. 2033-34; U. S. C.,title 38, sees. 131-133), shall be applicable in the administration ofthis title.

CHAPTER XIII-PEN ALTIES

False statements,eto.

Intent to defraudU.S.

"Week."

"Wages."

Applicability of ex-isting law.

48 Stat. 8; 49 Stat.607.

38 U. S. C. §i 701-721; Supp. III. §§ 701.450.

Ante, p. 287.Serviees.

Availability offunds.

Appropriation au-thorized.

Terms construed.

SEC. 1300. Any claimant who knowingly accepts an allowance towhich he is not entitled shall be ineligible to receive any furtherallowance under this title.

SEC. 1301. (a) Whoever, for the purpose of causing an increase inany allowance authorized under this title, or for the purpose ofcausing any allowance to be paid where none is authorized under thistitle, shall make or cause to be made any false statement or represen-tation as to any wages paid or received, or whoever makes or causes tobe made any false statement of a material fact in any claim for anyallowance under this title, or whoever makes or causes to be made anyfalse statement, representation, affidavit, or document in connectionwith such claim, shall be guilty of a misdemeanor and upon convictionthereof shall be fined not more than $1,000 or imprisoned for not morethan one year, or both.

(b) Whoever shall obtain or receive any money, check, or allow-ance under this title, without being entitled thereto and with intentto defraud the United States, shall be punished by a fine of not morethan $1,000 or by imprisonment for not more than one year, or both.

CHAPTER XIV-DEFNITIONs

SEC. 1400. As used in this title-(a) The term "week" means such period or periods of seven con-

secutive calendar days as may be prescribed in regulations by theAdministrator.

(b) The term "wages" means all remuneration for services fromwhatever sources, including commissions and bonuses and the cashvalue of all remuneration in any medium other than cash.

TITLE VI

CHAPTER XV-GENERAL ADMINISTRATIVE AND PENAL PROVISIONS

SEC. 1500. Except as otherwise provided in this Act, the adminis-trative, definitive, and penal provisions under Public, Numbered 2,Seventy-third Congress, as amended, and the provisions of Public,Numbered 262, Seventy-fourth Congress, as amended (38 U. S. C. 450,451, 454a and 556a), shall be for application under this Act. For thepurpose of carrying out any of the provisions of Public, Numbered 2,as amended, and this Act, the Administrator shall have authority toaccept uncompensated services, and to enter into contracts or agree-ments with private or public agencies, or persons, for necessary serv-ices, including personal services, as he may deem practicable.

SEC. 1501. Except as otherwise specified, the appropriations for theVeterans' Administration are hereby made available for expendituresnecessary to carry out the provisions of this Act and there is herebyauthorized to be appropriated such additional amounts as may benecessary to accomplish the purposes of this Act.

SEC. 1502. Wherever used in this Act, unless the context otherwiserequires, the singular includes the plural; the masculine includes thefeminine; the term "Administrator" means the Administrator of Vet-erans' Affairs; the term "United States" used geographically meansthe several States, Territories and possessions, and the District ofColumbia; the term "State" means the several States, Territories and

300

58 STAT.] 78TH CONG., 2D SESS.-CHS. 268, 269-JUNE 22, 1944

possessions, and the District of Columbia; and the phrases "termina-tion of hostilities in the present war", "termination of the presentwar", and "termination of the war", mean termination of the war asdeclared by Presidential proclamation or concurrent resolution ofthe Congress.

SEC. 1503. A discharge or release from active service under condi-tions other than dishonorable shall be a prerequisite to entitlementto veterans' benefits provided by this Act or Public Law Numbered2, Seventy-third Congress, as amended.

SEC. 1504. The Administrator shall transmit to the Congressannually a report of operations under this Act. If the Senate or theHouse of Representatives is not in session, such reports shall betransmitted to the Secretary of the Senate or the Clerk of the Houseof Representatives, as the case may be.

SEC. 1505. In the event there shall hereafter be authorized anyallowance in the nature of adjusted compensation, any benefitsreceived by, or paid for, any veteran under this Act shall be chargedagainst and deducted from such adjusted compensation; and in theevent a veteran has obtained a loan under the terms of this Act,the agency disbursing such adjusted compensation shall first pay theunpaid balance and accrued interest due on such loan to the holder ofthe evidence of such indebtedness to the extent that the amount ofadjusted compensation which may be payable will permit.

Approved June 22, 1944.

[CHAPTER 269]AN ACT

Making appropriations for the Navy Department and the naval service for thefiscal year ending June 30, 1945, and additional appropriations therefor for thefiscal year 1944, and for other purposes.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That the followingsums are appropriated, out of any money in the Treasury not other-wise appropriated, for the Navy Department and the naval servicefor the fiscal year ending June 30, 1945, and additional appropriationstherefor for the fiscal year 1944, namely:

NAVAL ESTABLISHMENT

OFFICE OF THE SECRETARY

MISCELLANEOUS EXPENSES

For traveling expenses of civilian employees, including travel ofdependents of employees to and from navy yards or stations outsidethe continental limits of the United States; expenses of attendance, athome and abroad, upon meetings of technical, professional, scientific,and other similar organizations when, in the judgment of the Secre-tary of the Navy (hereafter in this Act referred to as the Secretary),such attendance would be of benefit in the conduct of the work of theNavy Department; physical examinations by civilian physicians andin other than naval hospitals of civilian employees engaged in haz-ardous occupations; expenses of courts and boards; purchase of lawand reference books; expenses of prisoners and prisons; clerical assist-ance; witnesses' fees and traveling expenses; promoting accident pre-vention and safety in shore establishments of the Navy, to be expendedin the discretion of the Secretary; newspapers and periodicals for thenaval service; all advertising of the Navy Department and its bureaus

Prerequisite to en-titlement.

48 Stat. 8.38 U. S. C. § 701-

721; Supp. m, 7 701.Report to Congress.

Adjusted compensa-tion, deductions.

Application toamount due on loan.

June 22, 1944[H. R. 4559]

[Public Law 347]

Naval Appropria-tion Act, 1945.

Pot, p. 867.

Physical examina-tion of civilian em-ployees.