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CHAPTER 16

DECEASED PERSONS

Burial expense and transportation of re- Burial expense, etc.-Continued. mains:

Regular Army, 859.

Members of National Guard, Organized Reserves, and military training camps, 860.

858. Recovery of bodies.

Veterans of any war, 861.

Beneficiaries of Veterans' Bureau, 862. Effects of persons dying subject to military law, 862a.

Escorts accompanying remains, 862b.

"U. S. C. 10: 917" should be added to the citation to this section, based on act of March 8, 1928 (45 Stat. 248) (J. A. G. 010.3, Nov. 12, 1929, p. 153).

859. Burial expense and transportation of remains. NOTES OF DECISIONS

the rolls as a deserter, would properly be considered "in active service" or on the "active list" within the meaning of this section. 38 Op. Atty. Gen., No. 2, July 8, 1935.

Duty status of deceased.-A soldier temporarily absent without authority, particularly in the absence of facts to support a conclusion that he did not intend to return and thus require his name to be dropped from 860. Same; members of National Guard, Organized Reserves, and military training camps.—* * * If the death of any person mentioned herein occurs while he is on active duty, or undergoing training or hospital treatment contemplated by this section, the United States shall, under regulations prescribed as aforesaid, pay the necessary expenses for recovery of the body, its preparation for burial, including the use of such of the uniform and articles of clothing issued to him as may be required, interment (or cremation if requested by his relatives), and transportation of his remains, including round-trip transportation and subsistence of an escort, to his home or the place where he received orders for the period of training upon which engaged at the time of his death, or to such other place as his relatives may designate provided the distance to such other place be not greater than the distance to his home: Provided, That when the expenses of the recovery, preparation, and disposition of remains herein authorized, or any part thereof, are paid by individuals, such individuals may be reimbursed therefor at an amount not exceeding that allowed by the Government for such services. * * * Act of June 15, 1936 (49 Stat. 1508); U. S. C. 32: 164c; 10: 455d.

The original text of this section was specifically repealed by 1088, post. It is superseded by the above provision.

For personnel covered by this section, see 1088, post.

861. Same; veterans of any war.

I. Where an honorably discharged veteran of any war dies after discharge a flag to drape the casket shall be furnished in all cases; such flag to be given to the next of kin after burial of the veteran.

II. Where an honorably discharged veteran of any war or a veteran of any war in receipt of pension or compensation dies after discharge, the Adminis

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trator, in his discretion and with due regard to the circumstances in each case, shall pay, for burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $100 to cover such items and to be paid to such person or persons as may be prescribed by the Administrator. Burial allowance, or any part thereof, authorized under this regulation, shall not be payable if the veteran's net assets at the time of death, exclusive of debts and accrued pension, compensation, or insurance due at time of death, equal or exceed the sum of $1,000. The Administrator may, in his discretion, make contracts for burial and funeral services within the limits of the amount herein allowed without regard to the laws prescribing advertisement for proposals for supplies and services for the Veterans' Administration. No deduction shall be made from the sum allowed because of any contribution toward the burial and funeral (including transportation) which shall be made by a State, county, or other political subdivision, lodge, union, fraternal organization, society or beneficial organization, insurance company, workmen's compensation commission, State industrial accident board, or employer, but the aggregate of the sums allowed from all sources shall not exceed the actual cost of the burial and funeral (including transportation).

III. Where death occurs in a Veterans' Administration facility the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (b) transport the body to the place of residence or to the nearest National cemetery or such other place as the next of kin may direct where the expense is not greater than the ascertained cost of transportation to place of residence. Where the ascertained cost of transportation to a place directed by the next of kin exceeds the amount allowed in accordance with (b) hereof, such allowable amount shall be available for reimbursement purposes or partial payment in such manner as the Administrator may determine.

IV. Claims for reimbursement must be filed within 1 year subsequent to the date of death 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 with 1 year of the date of the request therefor, no allowance may be paid. Veterans' Regulation No. 9 (a), Executive Order No. 6158, June 6, 1933, as amended by Veterans' Regulation No. 9 (b), Executive Order No. 6567, Jan. 19, 1934, and Veterans' Regulation No. 9 (c), Ехесиtive Order No. 6695, May 2, 1934, pursuant to sec. 17, Title I, act of Mar. 20, 1933 (48 Stat. 11); U. S. C. 38: 717, as amended by sec. 402, Title IV, act of June 29, 1936 (49 Stat. 2034).

The original text of this section, based on sec. 201 (1), act of June 7, 1924 (43 Stat. 617), as amended; U. S. C. 38: 472, was repealed by 1059k, post. The subject matter is covered by the above regulation, issued under authority of 1059, post.

Notwithstanding the provisions of paragraph II, Veterans' 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. 401, Title IV, act of June 29, 1936 (49 Stat. 2034); U. S. C. 38: 34.

The above provision is added as a new paragraph.

862. Same; beneficiaries of Veterans' Bureau.

This section, based on sec. 201 (1), act of June 7, 1924 (43 Stat. 617), as amended; U. S. C. 38: 472, was repealed by 1059k, post. The subject matter is covered by 861, ante.

862a. Effects of persons dying subject to military law. That the effects in the possession of the General Accounting Office of persons dying while subject to military law, including papers of value, sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, including those of deceased inmates of the Soldiers' Home dying in any United States military hospital, where sent from said home for treatment, and similar effects hereafter received by the War Department under the provisions of the Act of June 4, 1920 (41 Stat. L. 809; U. S. C., title 10, sec. 1584), as amended. shall be delivered to the Soldiers' Home; that wills or other papers involving property rights shall be promptly delivered to proper courts of record; that the remaining effects, if the heirs or legal representatives cannot be ascertained, shall be retained by the home intact until three years from the date of the death of the person on whose behalf they were received shall have expired (in the event said period shall not have already elapsed), for the purpose of delivery to the widow or legal representative of the deceased, or to the son, daughter, father (provided the father had not abandoned the support of his family), mother, brother, sister, or the next of kin in the order named, or beneficiary named in the will of the deceased, upon the establishment to the satisfaction of the home of a right thereto. Sec. 1, act of Feb. 21, 1931 (46 Stat. 1203); U. S. C. 10: 1584a.

(a) That after the expiration of three years from date of death of said deceased, the Soldiers' Home may sell, either at public or private sale, as deemed most advantageous, all or any of such effects to which a right thereto shall not have been established on behalf of said deceased, his heirs, or legal representatives: Provided, That decorations, medals, and citations shall not be sold, but shall be disposed of as in section (b) following.

(b) That such of said effects as at the expiration of five years from date of death of deceased have neither been sold nor a right thereto established on behalf of the deceased shall be finally disposed of by said home in such manner as in the interest of the public it deems most fitting, helpful, and appropriate, either by permanent retention thereof, distribution to the Veterans' Administration, State or other military homes, museums, or other appropriate institutions, or by their destruction, if, in the opinion of the board of commissioners thereof, they no longer possess any value.

(c) That the net proceeds received by the home from the sale of such effects shall be covered into the Treasury to the benefit of the fund "Soldiers' Home permanent fund (trust fund)," and such principal fund as thus augmented shall draw interest at 3 per centum per annum, payable quarterly to the treasurer of the home. Sec. 2, act of Feb. 21, 1931 (46 Stat. 1203); U. S. C. 10: 1584b.

(a) Claims for the net proceeds of effects may be filed with the General Accounting Office at any time prior to the expiration of six years from date of death of such deceased for action as authorized by law in the settlement of the accounts of deceased officers and enlisted men of the Army (Act of June 30, 1906; 34 Stat. 750; U. S. C., title 10, sec. 868), and, if not so filed, are barred from being acted on either by the courts or the accounting officers.

(b) All claims for the net proceeds of such effects which are allowed by the General Accounting Office shall be certified to the treasurer of the home for payment by check, in the amount thus found due and accrued interest thereon, from the fund "Soldiers' Home permanent fund (trust fund)", hereby appropriated therefor in such amount as necessary. No claim thus allowed or paid shall exceed the net proceeds and accrued interest derived from the particular

estate and covered into the Treasury as aforesaid. Sec. 3, act of Feb. 21, 1931 (46 Stat. 1204); U. S. C. 10: 1584c.

*

For traveling expenses of

862b. Escorts accompanying remains.-* attendants accompanying remains of military personnel and civilian employees; * Title I, act of Apr. 26, 1934 (48 Stat. 617), making appropriations for the War Department.

This provision has been repeated in subsequent appropriation acts.

864. Transportation of mounts of deceased officers.

By 1420, post, the number of horses owned by any officer of the Army occasioning any public expense is limited to one (J. A. G. 010.3, Oct. 20, 1930, p. 71).

CHAPTER 17

Heads of departments:

Duties, 866.

EXECUTIVE DEPARTMENTS

Filling of temporary vacancies, 868. Annual reports, time of submission, 869. Annual reports, to include statement of receipts, 870a.

Efficiency, 874.

Hours of transaction of public business, 876. Legal services; opinions of the Attorney General, 879.

Official records:

Access by Federal Farm Board, 883a. Access by Department of Commerce, 883b.

Access by United States Tariff Com

mission, 883c.

Access by National Labor Relations
Board, 883e.

Disposition when no longer required,
886.

National Archives, 886a.

National Archives Council, 886b.

Federal Register, 886c.

Official Register, 887.

Regulations, 888.

Reorganization :

Declaration of policy, 888a.

Definitions, 888b.

Power of the President, 888c.

Saving provisions, 888d.

Statutory agencies, 888e.

Effective date of Executive Orders, 888f.
Appropriations impounded, 888g.
Termination of power, 888h.

Study of executive agencies, 888k.

Sale price of supplies and services to be not less than cost, 888m. Emergency agencies:

In general, 899a.

866. Heads of departments; duties.

Emergency agencies-Continued.
Relief of unemployment, 899b.
Disposition of surplus property, 899bb.
National Industrial Recovery Act, Title
I, 899c.

National Industrial Recovery Act, Title

II, 899d.

Emergency Relief Appropriation Act of 1935, 899e.

Emergency Relief Appropriation Act of 1936, 899ee.

Central Statistical Committee and Board, 899f.

Services, interdepartmental :

For Federal Farm Board, 900a.
For Veterans' Bureau, 900b.

For National Park Service, 900c.

For United States Tariff Commission, 900d.

For Reconstruction Finance Corporation, 900e.

For Tennessee Valley Authority, 900g. For Board to establish foreign trade zones, 900h.

For Interstate Commerce Commission, 900k.

For Special Mexican Claims Commission, 900m.

For Federal Alcohol Administration, 900n.

By Public Health Service, 900p.

By Bureau of Standards, 900q.
By United States prisoners, 900r.
By War Department for Navy Depart-
ment, 900s.

By War Department for Post Office De-
partment, 900t.

By Procurement Division, Treasury Department, 900u.

NOTES OF DECISIONS

Liability for acts in official capacity.— Head of executive department of Federal Government cannot be held in damages for acts done by him in relation to matters committed by law to his control or supervision. 1934), 73 F. (2d) 945. Standard Nut Margarine Co. v. Mellon (App. D. C. 1934), 72 F. (2d) 557.

Supervision of activities.-Courts have no general supervising power over proceedings of administrative departments of Government. Field v. Giegengack (App. D. C.

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