the limitations and authority of the Act of September 7, 1916, as amended, shall apply in providing such services, treatment, and expenses.

This title may be cited as the "Employees' Compensation Commission Appropriation Act, 1944."

RELIEF FOR CERTAIN VETERANS, VICTIMS OF FLORIDA Hurricane of 1935

That the provisions of the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performances of their duties, and for other purposes," approved September 7, 1916, as amended (U.S.C. 1934 ed., title 5, ch. 15), are hereby made applicable to any veterans of the World War or other person attached to camps known as "Veterans' Camps Numbered 1, 3, and 5," who was injured, died, or shall die as the direct result of the hurricane at Windlys Island and Matecumbe Keys, Florida, September 2, 1935, and to their dependents, to the same extent and under the same conditions as are provided for employees and the dependents of employees of the Federal Civil Works Administration in the Act entitled "An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933 for the continuation of the Civil Works program, and for other purposes" approved February 15, 1934 (U.S.C. 1934 ed., title 5, sec. 796), and the special fund established in the Treasury of the United States for administrative expenses and for the payment of compensation awarded to employees of the Civil Works Administration shall be available for the payment of the benefits authorized by this section. **

WAR RELOCATION WORK CORPS

That the provisions of the Act of February 15, 1934, (48 Stat. 351), as amended, relating to disability or death compensation and benefits, shall apply to persons receiving from the United States compensation in the form of subsistence, cash advances, or other allowances in accordance with regulations prescribed by the Director of the War Relocation Authority for work performed in connection with such program, including work performed in the War Relocation Work Corps: Provided further, That this provision shall not apply in any case coming within the purview of the workmen's compensation laws of any State, Territory, or possession, or in which the claimant has received or is entitled to receive similar benefits for injury or death.

In addition, the Act of June 22, 1943, 57 Stat. 161, provided as follows with respect to Work Relief in Puerto Rico and the Virgin Islands: APPROPRIATION FOR WORK RELIEF IN PUERTO RICO AND VIRGIN ISLANDS

That the Federal Works Administrator is authorized to provide work for employable needy persons on useful public projects in Puerto Rico and the Virgin Islands for the period July 1, 1943, to November 30, 1943, in accordance with the appropriate provisions and for

11Act of June 26, 1936, 49 Stat. 2035.

11Act of July 25, 1942, 56 Stat. 710; repeated in Act of July 12, 1943, 57 Stat. 534; Act of June 28, 1944, 58 Stat. 545; and in Act of July 17, 1945, 59 Stat. 486.

the purposes prescribed in the Emergency Relief Appropriation Act, fiscal year 1943 [Act of July 2, 1942, 56 Stat. 634, 642, supra this note.] which provisions are hereby extended and made applicable to the appropriations made to carry out the purposes of this joint resolution. There is hereby authorized to be appropriated a sum not to exceed $8,000,000 to carry out the provisions of this joint resolution, including administrative expenses in connection therewith.

Subchapter IX

MISCELLANEOUS PROVISIONS AND REFERENCES

ARTIFICIAL MEMBERS FOR CERTAIN CIVILIAN EMPLOYEES INJURED PRIOR TO SEPTEMBER 7, 1916

The Secretary of Labor, under such regulation as he may prescribe, is hereby authorized to furnish any civilian employee of the military or naval service, Regular Establishment, who lost a limb or the use thereof through injury or disease incurred or contracted in line of duty as such prior to September 7, 1916, with an artificial limb or other appliance, or commutation in lieu thereof, at least once in every three years, upon the application of the person entitled thereto, or someone on his behalf, including necessary transportation to effect the fitting thereof and the compensation fund, established pursuant to section 35 of the Act approved September 7, 1916 (U.S.C. title 5, sec. 785) (5 U.S.C.A. 785), shall be available for expenditures under this section: Provided, That the commutation payable to any civilian employee in lieu of such artificial limb or other appliance shall be in the amount last paid to such employee under laws repealed by section 3 of this Act.

SEAMEN EMPLOYED THROUGH WAR SHIPPING ADMINISTRATION

1 Officers and members of crews ** *employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration shall *** have all of the rights, benefits, exemptions, privileges, and liabilities, under law applicable to citizens of the United States employed as seamen on privately owned and operated American vessels. Such seamen *** shall not be considered as officers or employees of the United States for the purposes of the United States Employees' Compensation Act, as amended (chapter 15 of title 5)

PAYMENTS TO MERCHANT SEAMEN FOR WORLD WAR II. SERVICE CONNECTED INJURIES, ETC.

The Secretary of Commerce shall certify to the Secretary of Labor amounts payable under crew life and injury and second sea

Act of May 23, 1944, 58 Stat. 225.

14Act of March 23, 1943, 57 Stat. 45. Prior to March 23, 1943, under General Orders promulgated by the War Shipping Administration and under certain contracts, seamen hired for the account of the War Shipping Administration became employees of the United States Government.

1Act of September 8, 1959, 73 Stat. 469.

men's war risk insurance policies issued under authority of subtitle "Insurance" of title II of the Merchant Marine Act, 1936, as amended, extended, and supplemented (Act of June 29, 1940, section 222 (54 Stat. 689); Act of March 6, 1942 (56 Stat. 140); Act of April 11, 1942 (56 Stat. 214); Act of March 24, 1943, section 2 (57 Stat. 45); Act of September 30, 1944 (58 Stat. 758); Act of August 8, 1946 (60 Stat. 937) ). Payments of such amounts so certified shall be made by the Secretary of Labor from the Employees' Compensation Fund established under the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751, 785).

SEC. 2. The powers, duties, and functions of the Secretary of Commerce in respect of permanent total or partial disability benefits (allowable upon exhaustion of insurance benefits referred to in section 1 hereof) under section 2 (c) of the Act of March 24, 1943 (Public Law 17, Seventy-eighth Congress; 57 Stat. 45), as amended by the Act of September 30, 1944 (Public Law 449, Seventy-eighth Congress; 58 Stat. 758), are hereby transferred to the Secretary of Labor. Payments of such benefits, including costs and payments on account of medical care authorized by the Secretary of Labor, shall be made by him from the Employees' Compensation Fund as established under the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751, 785). The Secretary of Commerce shall furnish to the Secretary of Labor such information, data and reports and certifications in respect of cases within the purview of this section as the Secretary of Labor may request. Nothing in this section shall be construed to authorize any appeal to, or review or redetermination by, the Secretary of Labor from any order, finding, determination, or adjudication in respect of eligibility for benefits made by the Secretary of Commerce in force on the effective date of this Act, except upon a showing to the satisfaction of the Secretary of Labor of a change in the nature and extent of the disability for which benefits were approved for payment in accordance with the provisions of such Acts.

SEC. 3. The Secretary of Labor is authorized to make such rules and regulations as he may deem necessary or appropriate to carry out the provisions of this Act and the functions vested in him by this Act.

COMPENSATION PAID TO EMPLOYEES OF U.S. SHIPPING BOARD

15 That the compensation heretofore or hereafter paid by the United States Shipping Board Emergency Fleet Corporation to or on account of employees for disability or death resulting from personal injuries sustained while in the performance of their duties shall be in full satisfaction of the claims of such employees or their legal representatives against the United States.

FIRE PROTECTION AGREEMENTS

157Any service performed pursuant to reciprocal fire fighting agreements between agencies of the United States and public or private fire organizations by any officer, employee or member of any armed

156Act of December 24, 1919, 41 Stat. 377. The Act of February 11, 1927, 44 Stat. 1083, changed the name of the U.S. Shipping Board to the United States Shipping Board Merchant Fleet Corporation which was dissolved by Act of June 29, 1936 (c. 858, 49 Stat. 1987). 167Act of May 27, 1955, 69 Stat. 67.

service of the United States constitutes service rendered in line of duty in such office, employment, or force. However, the performance of such service by any other individual shall not constitute such individual an officer or employee of the United States for the purposes of the Federal Employees' Compensation Act.

PAYMENT OF VETERANS' PENSIONS; PEACETIME SERVICE

DISABILITY

For information pertaining to election of benefits for peacetime service disability or death see Part IV A, entitled Military Extensions— Repeal of Coverage, and the footnotes thereto. Veterans Regulations No. 1 (a) Part II promulgated pursuant to ch. 12, title 38 U.S.C. (omitted from the 1958 recodification of Title 38 U.S.C.) provides as follows:

** Pension under this paragraph shall not be paid concurrently with active duty pay or employees' compensation. Where a person who is eligible for pension hereunder is also eligible for the benefits of Employees' Compensation Act, he shall elect which benefit he shall receive.

CIVIL SERVICE RETIREMENT ANNUITY ACT PROVISIONS RELATING TO COMPENSATION BENEFITS

15 No person shall be entitled to receive an annuity under the provisions of this Act, and compensation for injury or disability to himself under the provisions of the Act of September 7, 1916, entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,' covering the same period of time; but this provision shall not be so construed as to bar the right of any claimant to the greater benefit conferred by either Act for any part of the same period of time, nor shall this provision nor any provision in such Act of September 7, 1916, be construed so as to deny to any person an annuity accruing to such person under this Act on account of service rendered by him, or to deny any concurrent benefit to such person under such Act of September 7, 1916, on account of the death of any other person.

Notwithstanding any provision of law to the contrary, the right of of any person entitled to an annuity under this Act shall not be affected because such person has received an award of compensation in a lump sum under section 14 of such Act of September 7, 1916 (5 U.S.C. 751), except that where such annuity is payable on account of the same disability for which compensation under section 14 of such Act of September 7, 1916, has been paid, so much of such compensation as has been paid for any period extended beyond the date such annuity becomes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be covered into the Federal Employees' Compensation Fund. Before such person shall receive such annuity he shall (1) refund to such Department the amount representing such commuted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under this Act, which amount shall be transmitted to such Department for reimbursement

159Act of July 3, 1926, 44 Stat. 907; Act of May 29, 1930, 46 Stat. 472; Act of December 23, 1944, 58 Stat. 927; Act of July 27, 1946, 60 Stat. 706. See also 5 USC 8116.

to such fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the Secretary shall determine, whenever he finds that the financial circumstances of the annuitant are such as to warrant such deferred refunding.

ABOLITION OF Commission AND TRANSFER OF FUNCTIONS

ESTABLISHMENT OF THE BUREAU OF EMPLOYEES' COMPENSATION SEC. 3 of 1946 Reorganization Plan No. 2, effective July 16, 1946, 11 F.R. 7873, 60 Stat. 1096, provided as follows:

"The Functions of the United States Employees' Compensation Commission are transferred to the Federal Security Agency and shall be performed in such manner and under such rules and regulations as the Federal Security Administrator shall prescribe. Such regulations shall provide for a board of three persons to be designated or appointed by the Federal Security Administrator with authority to hear and, subject to applicable law, make final decision on appeals taken from determinations and awards with respect to claims of employees of the Federal Government or of the District of Columbia. The United States Employees' Compensation Commission is abolished."

Effective July 16, 1946, the Federal Security Administrator established the Bureau of Employees' Compensation under the supervision of a Director and delegated, to be performed by him, all the duties, powers, and functions of the United States Employees' Compensation Commission which were transferred to the Administrator by Reorganization Plan No. 2 of 1946, except estimates to the Bureau of the Budget and annual and other reports to Congress. See Agency Order No. 58, dated July 16, 1946, 11 F.R. 7943.

TRANSFER OF THE FUNCTIONS OF THE BUREAU TO THE DEPARTMENT OF LABOR

SEC. 1 of Reorganization Plan No. 19 of 1950, effective May 24, 1950, 15 F.R. 3178, 39 Stat. 742, provided as follows:

"The Bureau of Employees' Compensation of the Federal Security Agency, together with its functions, is transferred to the Department of Labor and shall be administered under the direction and supervision of the Secretary of Labor. The functions of the Federal Security Administrator, and of the Federal Security Agency, with respect to the Bureau of Employees' Compensation and with respect to employees' compensation (including workmen's compensation) are transferred to the Secretary of Labor: Provided, That there are not transferred by the provisions of this reorganization plan (1) any function of the Public Health Service; (2) any function of the Federal Security Agency or the Federal Security Administrator under the Vocational Rehabilitation Act, as amended (including the function of assuring the development and accomplishment of State rehabilitation plans affecting beneficiaries under the Federal Employees' Compensation Act); nor (3) the function of developing or establishing rehabilitation services or facilities. The functions transferred by the provisions of this section shall be performed by the Secretary of Labor, or, subject to his direction and control, by