It is suggested, however, that it would be equitable for the United States to contribute to local districts a sum of money sufficient to cover the increased cost to the local agencies of providing the additional services required by the Government. Authority for such contributions, and other aid to certain over-burdened school districts, is contained in section 6 of the River and Harbor Act of July 24, 1946, and in section 6 of the Flood Control Act of July 24, 1946. It is recommended that H. R. 4201 be amended so as to provide that the provisions of section 6 of the River and Harbor Act of 1946 shall be made applicable to the dependents of persons engaged on the construction, operation, and maintenance of the Fort Peck project as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section 6 of the River and Harbor Act approved July 24, 1946, are hereby made applicable to the dependents of persons engaged on the construction, maintenance, and operation of the Fort Peck project, Montana; Provided, That of the whole amount contributed by the Chief of Engineers in any fiscal year, the Bureau of Reclamation, Department of the Interior shall reimburse the Chief of Engineers from the continuing fund provided for in section 10 of the Act of May 18, 1938 (52 Stat. 403), that part which is properly chargeable as an operation expense incident to the generation and transmission of power delivered to the Bureau under that Act. The Department of the Navy and the Department of the Air Force have beer. consulted and offer no objection to this report. In view of early hearings to be held on this measure, it is submitted without s determination of the Bureau of the Budget as to whether it conforms to the program of the President. Sincerely yours, APRIL 7, 1948.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. WELCH, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 4203] The Committee on Public Lands, to whom was referred the bill (H. R. 4203) to establish eligibility for burial in national cemeteries, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 5, strike out the word "War" and insert in lieu thereof the words "the Army". Page 2, line 3, strike out the word "War" and insert in lieu thereof the words "the Army". Page 2, line 7, strike out the word "War" and insert in lieu thereof the words "the Army". Page 2, line 16, after the period, add: As used in this section, the term "widow" includes the widow of any member of the armed forces of the United States lost or buried at sea or officially determined to be permanently absent in a status of missing or missing in action. EXPLANATION OF THE BILL The purpose of this bill is to establish standards concerning eligibility for burial in national cemeteries. It does not involve any increase in Federal expenditures for such activities. It is a long-established custom to grant the privilege of burial in national cemeteries to all members of the armed forces who die in the service or after having been honorably discharged therefrom, together with specified members of their immediate families (wife, widow, minor children, and unmarried adult daughters), provided such burial is desired. This bill gives statutory authority for practices followed for many years. H. R. 4203 also gives specific authorization to the practice of allowing the burial in national cemeteries of persons serving in the armed forces during peacetime who die subsequent to honorable discharge therefrom, and of citizens of the United States who served in the armed forces of Állied Governments during World War II. In order to remove any discrimination between the female and male members of the armed forces as to burial privileges, this bill further authorizes the interment in national cemeteries of civilian husbands of war veterans. H. R. 4203 was introduced at the request of the then Secretary of War, Hon. Robert P. Patterson, as set forth in his executive communication of July 10, 1947. In a letter of December 4, 1947, addressed to Hon. Richard J. Welch, chairman of the House Committee on Public Lands, Under Secretary of Interior Oscar L. Chapman stated that the Department of Interior has no objection to this legislation. The two above-referred-to communications, together with letter of February 9, 1948, from the Office of the Quartermaster General, Department of the Army, to Hon. Hugh Butler, chairman of the Senate Committee on Interior and Insular Affairs, regarding identical bill S. 1620, are hereinbelow set forth and are made a part of this report. H. R. 4203 has been amended by the committee to make specific provision that the term "widow" shall include the widow of any member of the armed forces lost or buried at sea or officially determined to be permanently absent in a status of missing or missing in action. The Committee on Public Lands unanimously recommends the enactment of this legislation. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. JULY 10, 1947. DEAR MR. SPEAKER: There is enclosed herewith draft of a bill to establish eligibility for burial in national cemeteries, and for other purposes which the War Department recommends be enacted into law. The purpose of the proposed legislation is to secure enabling legislation for the burial in national cemeteries of all members of the armed forces who die in the service or after having been honorably discharged therefrom, together with members of their immediate families as specified therein, provided such burial is desired. The custom of the service has been to grant the privilege of burial in national cemeteries to the wife, widow, minor children, and unmarried adult daughters of members of the armed forces. The authority for the burial of wives and widows was granted in 1890 and for minor children and unmarried adult daughters in 1904 and 1908, respectively. This authority was granted by the then Secretary of War, upon advice of The Judge Advocate General of the Army, in view of family relationship. While this privilege was granted without specific authority of law, it is the opinion of this Department that the practice has been maintained a sufficient length of time to have become an established custom. The statute presently in effect which specifies those eligible for burial in national cemeteries provides for the burial of "all soldiers, sailors, or marines and all officers or men of the Coast Guard dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, and all soldiers, sailors, or marines who served, or may serve, during any war in which the United States has been, or may be engaged, and with the consent of the Secretary of War, any citizen of the United States who served in the Army or Navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom * * * "" It will be noted that this law provides for the burial in national cemeteries of former members of the armed forces who served during any war in which the United States has been or may be engaged, but does not provide for the burial of such persons who serve during peacetime and die subsequent to honorable discharge therefrom unless they are in a destitute condition at the time of death, nor for citizens of the United States who served in the armed forces of Allied Governments during World War II. It is believed that is was not the intent of Congress to disqualify for burial in national cemeteries persons in these categories. Furthermore, it has not been the custom of the service to disapprove burial of these members of the armed forces in any national cemetery. This custom has been in effect a sufficient length of time to have become well established. Prior to World War II the civil husbands of female members of the armed forces were not authorized burial in national cemeteries with their wives. However, in view of the large number of female members of the armed forces who served during World War II, and in order that there be no discrimination between the female and male members of the armed forces as to burial privileges, the War Department has permitted the burial of civil husbands in plots assigned to their wives in national cemeteries, based upon the service rendered by the wife. This authority is based upon the family relationship and previous authority granted for the burial of wives of male members of the armed forces. Since there is no specific legal basis for carrying out the above-mentioned customs of the Department, the attached proposed bill is submitted for enactment into law. The proposed law, if enacted, will not increase the fiscal estimates pertaining to these nonmilitary activities of the War Department. The Bureau of the Budget has been consulted and advises that there is no objection to the submission of this proposed legislation for the consideration of the Congress. Respectfully, ROBERT P. PATTERSON, Secretary of War. Hon. RICHARD J. WELCH, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Public Lands, House of Representatives. MY DEAR MR. WELCH: Your committee has requested a report on H. R. 4203, entitled "A bill to establish eligibility for burial in national cemeteries, and for other purposes." This proposed legislation would repeal section 4878 of the Revised Statutes, as amended (24 U. S. C., sec. 281), and would establish somewhat revised standards concerning eligibility for burial in national cemeteries. This Department has no objection to enactment of this bill. In the event of enactment, the application of the legislation proposed by the bill to the functions of this Department would be very limited, as the National Park Service of this Department administers only a small number of historical cemeteries in conjunction with other historical areas. The cemeteries so administered are largely inactive. The legislation would have major importance only with respect to the active national cemeteries administered by the Secretary of War. The Bureau of the Budget has advised me that there is no objection to the presentation of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. DEPARTMENT OF THE ARMY, Hon. HUGH BUTLER, OFFICE OF THE QUARTERMASTER GENERAL, Chairman, Committee on Interior and Insular Affairs, United States Senate. DEAR SENATOR BUTLER: Your letter dated January 30, 1948, and addressed to the Secretary of the Army has been referred to this office. The letter requests advice concerning the proviso in S. 1620 relating to the removal, in the discretion of the Secretary of the Army, of certain persons from the national cemetery proper to the post section of a national cemetery or to a post cemetery. H. Repts.. 80-2. vol. 2-112 Numerous national cemeteries are located near military posts, camps, or stations. In order to provide for certain Government personnel not eligible for national cemetery burial, there have been established in these cemeteries separate sections known as post sections. These sections are comparable to the normal post cemeteries which are located on many military posts throughout the country. Section (c) of S. 1620 provides for the burial in national cemeteries of certain dependents of members of the armed forces who have served their country honorably. Such burial is permitted in order to maintain normal family relationship in a manner similar to that provided through the use of family plots in private cemeteries. This privilege often is granted the dependents, prior to the death of the veteran or serviceman concerned, with the understanding that upon the latter's death, he will be interred in the grave site immediately adjoining that of his dependent. In some cases, dependents have been buried in national cemeteries under the above-mentioned policy and, due to changed circumstances, the remains of the veterans or servicemen have been buried elsewhere. Since these dependents were permitted burial in the national cemetery proper solely by virtue of family relationship, it has been necessary to remove the remains to the post section ofthe cemetery or to the nearest available post cemetery. In this manner, the dependents concerned have been provided a fitting burial place and at the same time it has been possible to insure the continued exclusive use of national cemteries for the burial of servicemen and honorably discharged veterans, together with their immediate families. In view of the foregoing, it is considered appropriate that the proviso herein discussed be included in this legislation which formalizes practices pertaining to eligibility for burial in national cemeteries. Sincerely yours, T. B. LARKIN, Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below with the matter proposed to be omitted in black brackets and the new matter proposed to be inserted in italics: SECTION 4878, REVISED STATUTES, AS AMENDED (24 U. S. C. 281) [All soldiers, sailors, or marines and all officers or men of the Coast Guard dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, and all soldiers, sailors, or marines who served, or may serve, during any war in which the United States has been, or may be, engaged, and, with the consent of the Director of National Park Service, any citizen of the United States who served in the army or navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man in the first or second case, and a duly executed permit of the Director of National Park Service in the last case, shall be sufficient authority for the superintendent of any cemetery to permit the interment. Army nurses honorably discharged from their service as such may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Director of National Park Service is authorized to issue certificates to those Army nurses entitled to such burial. Persons who were members of the Cabinet of the President of the United States at any time during the period between April 6, 1917, and November 11, 1918, may be buried in any national cemetery: Provided, That the interment is without cost to the United States.] |