CHAPTER 16 DECEASED PERSONS Burial expense and transportation of remains veterans of any war, 861. 858. Recovery of bodies. 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. 861. Burial expense and transportation of remains; 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 Administrator, 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 within 6 months 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), Executive 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. 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 1059m, post. 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. 66 (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. 862b. Escorts accompanying remains.- * * * For traveling expenses of 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. 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. CHAPTER 17 EXECUTIVE DEPARTMENTS Department heads, annual reports; to in- Official records: Access by Federal Farm Board, 883a. Access by Department of Commerce, 883b. Access by United States Tariff Com mission, 883c. Access by District of Columbia-Virginia National Archives Council, 886b. Official Register, 887. Regulations, 888. Reorganization: Declaration of policy, 888a. Definitions, 888b. Power of the President, 888c. Statutory agencies, 888e. Effective date of Executive Orders, 888f. Sale price of supplies and services to be not Emergency agencies: In general, 899a. Relief of unemployment, 899b. National Industrial Recovery Act, Title Services, interdepartmental: For Federal Farm Board, 900a. For George Washington Bicentennial For United States Yorktown Sesquicen- For Reconstruction Finance Corpora. For A Century of Progress, 900f. By Public Health Service, 900p. By Bureau of Standards, 900q. By War Department for Post Office De 870a. Department heads, annual reports; to include statement of receipts.In the annual report to Congress of each executive department or independent establishment there shall be included a statement of receipts during the period covered by such report, from fees or charges paid to such department or establishment under this Act and all other Acts of Congress. Sec. 313, Title III, Part II, act of June 30, 1932 (47 Stat. 411); U.S.C. 5: 104a. See 1835, post. 874. Efficiency. By 631, ante, the Bureau of Efficiency and the office of Chief of such bureau were abolished, and its records and property transferred to the Bureau of the Budget. Unexpended balances of appropriations were directed to be impounded and returned to the Treasury. 876. Hours for transaction of public business. This section, based on R.S. 162, U.S.C. 5:26, was expressly repealed by act of December 16, 1930 (46 Stat. 1028). 879. Legal services; opinions of the Attorney General. NOTES OF DECISIONS Hypothetical questions.-The Attorney General is not authorized to render an opinion upon the question whether there would be any constitutional objection to the en actment by Congress of legislation requiring telegraph and cable companies to furnish to the Government for transmission to foreign countries copies of telegrams and cable grams relating to the smuggling of narcotic drugs, because the question is hypothetical; and also because the Secretary is not required to determine the constitutional power of Congress in such legislative field. (1929) 36 Op. Atty. Gen. 21. To be considered by the Attorney General a question must be not only one arising in the administration of a Department but it must be one still pending. A matter which has been considered and decided is not a "question " upon which the head of a Department may require an opinion of the head of the Department of Jus tice. MSS. Op. Atty. Gen. Aug. 30, 1933. Questions for determination by court.Where questions presented can be settled finally only by the courts, it is the settled Questions as to availability of appropria 883. Official records; access by Bureau of Efficiency. By 631, ante, the Bureau of Efficiency was abolished and its records and property transferred to the Bureau of the Budget. 883a. Same; access by Federal Farm Board.-(b) The President may by Executive order direct any such governmental establishment to furnish the board such information and data as such governmental establishment may have pertaining to the functions of the board; except that the President shall not direct that the board be furnished with any information or data supplied by any person in confidence to any governmental establishment in pursuance of any provision of law or of any agreement with a governmental establishment. Sec. 13, act of June 15, 1929 (46 Stat. 17); U.S.C. 7: 533. 883b. Same; access by Department of Commerce.-That the Secretary of Commerce, whenever he may deem it advisable, on request of the Director of the Census, is hereby authorized to call upon any other department or office of the Government for information pertinent to the work herein provided for. Sec. 15, act of June 18, 1929 (46 Stat. 25); U.S.C. 13: 215. * any 883c. Same; access by United States Tariff Commission. The commission shall in appropriate matters act in conjunction and cooperation with other departments, or independent establishments of the Government, and such departments and independent establishments of the Government shall cooperate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its request, all records, papers, and information in their possession relating to any of the subjects of investigation by the commission and shall detail, from time to time, such officials and employees to said commission as he may direct. Sec. 334, act of June 17, 1930 (46 Stat. 700); U.S.C. 19: 1334. * * * 883d. Same; access by District of Columbia-Virginia Boundary Commission.— The said commissioners may call upon all officers and agencies of the Federal Government and the District of Columbia for information and advice, and said officers are hereby authorized and directed to supply such information on request. Sec. 4, act of Mar. 21, 1934 (48 Stat. 454). 886. Same; disposition when no longer required. * * * This section is affected by 886a, post, creating a National Archives Establishment. 886a. Same; National Archives. That there is hereby created the Office of Archivist of the United States, the Archivist to be appointed by the President of the United States, by and with the advice and consent of the Senate. Sec. 1, act of June 19, 1934 (48 Stat. 1122); U.S.C. 40: 231. 1 |