42 U.S.C. § 1715 — Finality of Secretary’s decisions

Page 4877 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1717 payable with respect to his death or detention under said subchapter, and upon indictment or the filing of an information charging the com- mission of any such subversive act, all such compensation or other benefits shall be sus- pended and remain suspended until acquittal or withdrawal of such charge, but upon conviction thereof or upon death occurring prior to a final disposition thereof, all such payments and all benefits under said subchapter shall be forfeited and terminated. If the charge is withdrawn, or there is an acquittal, all such compensation withheld shall be paid to the person or persons entitled thereto. (Dec. 2, 1942, ch. 668, title II, § 202, 56 Stat. 1034.) Executive Documents NATIONAL EMERGENCY DECLARED ON MAY 27, 1941 The national emergency declared by the President on May 27, 1941, by Proc. No. 2487, 6 F.R. 2617, 55 Stat. 1647, was terminated April 28, 1952 by Proc. No. 2974, Apr. 30, 1952, 17 F.R. 3813, 66 Stat. c31, set out as a note pre- ceding section 1 of Title 50, War and National Defense. § 1713. Fraud; penalties Whoever, for the purpose of causing an in- crease in any payment authorized to be made under this chapter, or for the purpose of causing any payment to be made where no payment is authorized hereunder, shall knowingly make or cause to be made, or aid or abet in the making of any false statement or representation of a material fact in any application for any pay- ment under subchapter I, or knowingly make or cause to be made, or aid or abet in the making of any false statement, representation, affidavit, or document in connection with such an applica- tion, or claim, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Dec. 2, 1942, ch. 668, title II, § 203, 56 Stat. 1034.) § 1714. Legal services No claim for legal services or for any other services rendered in respect of a claim or award for compensation under subchapter I to or on ac- count of any person shall be valid unless ap- proved by the Secretary; and any claim so ap- proved shall, in the manner and to the extent fixed by the said Secretary, be paid out of the compensation payable to the claimant; and any person who receives any fee, other consider- ation, or any gratuity on account of services so rendered, unless such consideration or gratuity is so approved, or who solicits employment for another person or for himself in respect of any claim or award for compensation under sub- chapter I shall be guilty of a misdemeanor and upon conviction thereof shall, for each offense, be fined not more than $1,000 or imprisoned not more than one year, or both. (Dec. 2, 1942, ch. 668, title II, § 204, 56 Stat. 1034.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 1715. Finality of Secretary’s decisions The action of the Secretary in allowing or de- nying any payment under subchapter I shall be final and conclusive on all questions of law and fact and not subject to review by any other offi- cial of the United States or by any court by mandamus or otherwise, and the Comptroller General is authorized and directed to allow cred- it in the accounts of any certifying or disbursing officer for payments in accordance with such ac- tion. (Dec. 2, 1942, ch. 668, title II, § 205, 56 Stat. 1034.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Labor, see note set out under section 1711 of this title. § 1716. Presumption of death or detention A determination that an individual is dead or a determination that he has been detained by a hostile force or person may be made on the basis of evidence that he has disappeared under cir- cumstances such as to make such death or de- tention appear probable. (Dec. 2, 1942, ch. 668, title II, § 206, 56 Stat. 1034; Pub. L. 85–608, title I, § 104, Aug. 8, 1958, 72 Stat. 537.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–608 substituted ‘‘a hostile force or person’’ for ‘‘the enemy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–608 effective June 30, 1958, see section 402 of Pub. L. 85–608, set out as a note under section 1651 of this title. § 1717. Assignment of benefits; execution, levy, etc., against benefits The right of any person to any benefit under subchapter I shall not be transferable or assign- able at law or in equity except to the United States, and none of the moneys paid or payable (except money paid hereunder as reimbursement for funeral expenses or as reimbursement with respect to payments of workmen’s compensation or in the nature of workmen’s compensation benefits), or rights existing under said sub- chapter, shall be subject to execution, levy, at- tachment, garnishment, or other legal process or to the operation of any bankruptcy or insol- vency law. (Dec. 2, 1942, ch. 668, title II, § 207, 56 Stat. 1035.) CHAPTER 13—SCHOOL LUNCH PROGRAMS Sec. 1751. Congressional declaration of policy. 1752. Authorization of appropriations; ‘‘Secretary’’ defined. 1753. Apportionments to States. 1754. Nutrition promotion. 1755. Direct expenditures for agricultural commod- ities and other foods. 1755a. Whole grain products.