75TH CONGRESS 3d Session HOUSE OF REPRESENTATIVES REPORT No. 2166 AMENDING ACT OF MARCH 9, 1928, AUTHORIZING APPROPRIATIONS TO BE MADE FOR DISPOSITION OF REMAINS OF MILITARY PERSONNEL AND CIVILIAN EMPLOYEES OF THE ARMY APRIL 20, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MAY, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 9226] The Committee on Military Affairs, to whom was referred the bill (H. R. 9226) to amend the act of March 9, 1928, authorizing appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army, and for other purposes, having considered the same, submit the following report thereon, with the recommendation that it do pass. This measure was introduced at the request of the Secretary of War. The proposed amendment seeks to accomplish the following purposes, which are not now provided for in the act of March 9, 1928: (1) To authorize payment of the expenses of interment in a private cemetery of the personnel of the Regular Army to the same extent as the National Guard, Organized Reserves, and other civilian components of the Army. (2) To authorize payment of the burial expenses of the personnel of the Regular Army who die while absent without leave. The act of March 9, 1928 (U. S. C. 10:916), now covers personnel of the Regular Army and certain civilian employees of the Army with regard to burial expenses. Because of the use of the expression "expenses of interment or of preparation and transportation to their homes or to national cemeteries," in the language of this act, it has become necessary for the War Department to advise relatives of military personnel who die on active duty that the body will be prepared for burial and can be interred in a military cemetery or can be shipped to the home of the deceased. In the latter case, the expenses of interment must be borne by persons other than the United States. The effect of this statute is to place the expenses of interment upon the family or relatives in case the body is shipped to the deceased's home. Such a provision makes it necessary for many of the relatives of deceased enlisted men to request that the body be buried at the local military cemetery because they do not have sufficient funds to purchase a cemetery lot and for other expenses of interment in case the body is sent to the deceased's home. The act of Congress enacted June 15, 1936 (U. S. C. 10:455a), provides that in the case of members of the Organized Reserves, the National Guard, and other civilian components of the Army, who die while on active duty, the expenses of interment, in addition to burial expenses proper (undertaker's services, cost of the casket, cost of shipping case when the remains are shipped, and hire of hearse), and shipment home are borne by the Government. In addition, existing Civilian Conservation Corps regulations authorize the expenditure of not to exceed $50 for expenses of interment in addition to burial expenses proper and shipment home. Aside from the discrimination now existing against Regular Army military personnel in this regard, the committee believes that the matter is one in which the Government, in consideration of the feelings of the parents and other relatives of deceased soldiers, should provide for the necessary expenses of interment at the home of the deceased, in case they desire the body shipped home. The measure also provides for the payment of burial expenses of personnel of the Regular Army who die while absent without leave. At the present time, due to an interpretation placed upon the act of March 9, 1928, by the Comptroller General, the expenses of burial of a soldier who dies or is killed while absent without leave from his post cannot be met by the Government. This results in an embarassing situation in that a soldier who dies while absent without leave, and who is still a part of the Military Establishment (since absence without leave does not operate to separate him from the military service), may not be prepared for burial and buried at Government expense, and the matter falls to the jurisdiction of the civilian community in which the soldier dies. It is obvious that in cases of this nature, preparation for burial must be made and the body must be interred or cremated. This may not now be done because of the decision of the Comptroller General, dated December 14, 1922, which decision is reviewed in A-69449, dated March 24, 1936, that burial expenses are held to be in the same category as pay and allowances and are not payable at Government expense when death occurs while an enlisted man is absent without leave, although his military status on the active list has not been disturbed. This measure applies to the Regular Army and in no way changes the existing law regarding burial expenses authorized for members of the civilian components and members of the Civilian Conservation Corps. It merely removes the present restrictions with regard to interment expenses at the home of deceased personnel of the Regular Army and provides for the burial expenses of active Regular Army military personnel who die while absent with or without leave. The proposed legislation was submitted to the Acting Director, Bureau of the Budget, who on February 12, 1937, stated that Such portion of the proposed legislation as authorizes the payment of burial expenses of military personnel on the active list who die while absent with or without leave would not be in conflict with the program of the President, but that such portion of the proposed legislation as authorizes payment of expenses of interment in a private cemetery would not, pending a further consideration of this problem as it concerns the other commissioned services, be in accord with the program of the President. It is estimated that the annual additional cost resulting from the enactment of this legislation will not exceed $22,800. This estimate is based on an allowance not to exceed $50 for burial expenses at the home of the deceased. It is estimated the families of 60 percent of the military personnel who die will request that the body be shipped to the home for burial. Letter from the War Department under date of January 21, 1938, follows: WAR DEPARTMENT, Washington, D. C. January 21, 1938. The SPEAKER, HOUSE OF REPRESENTATIVES. DEAR MR. SPEAKER: There is enclosed the draft of a bill to amend the act of March 9, 1928, authorizing appropriations to be made for the disposition of remains of military personnel and civilian employees of the Army, and for other purposes, which the War Department presents for the consideration of the Congress with a view to its enactment. The act of March 9, 1928, provides as follows: "859. Burial expense and transportation of remains. That there is hereby authorized to be appropriated from time to time such sums as may be necessary for expenses of interment, cremation (only upon request from relatives of the deceased), or of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers on the active list and retired officers who die while on active duty, cadets, United States Military Academy, acting assistant surgeons, members of the Army Nurse Corps, and enlisted men in active service and retired enlisted men who die while on active duty, and accepted applicants for enlistment; for interment or preparation and transportation to their homes of the remains of civilian employees of the Army in the employ of the War Department who die abroad, in Alaska, in the Canal Zone, or on Army transports, or who die while on duty in the field; for interment of military prisoners who die at military posts; for the interment and shipment to their homes of remains of enlisted men who are discharged in hospitals in the United States and continue as inmates of said hospitals to the date of their death; for interment of prisoners of war and interned alien enemies who die at prison camps in the United States; for recovery of bodies of the above-mentioned military personnel; for removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields, abandoned graves, or abandoned private and city cemeteries; and for expenses of the segregation of bodies in permanent American cemeteries in Great Britain and France: Provided, That in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the Army who die on the active list, or retired officers or enlisted men who die while on active duty, or of any of the military or civil personnel mentioned above, are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of such expenses incurred prior to July 1, 1910." [Italics ours.] It will be noted that the above-quoted act provides that— "Expenses of interment, cremation (only upon request from relatives of the deceased), or of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, * for recovery of bodies of the above-mentioned military personnel, * * * * Under the language as above indicated, if the remains are prepared and shipped to the home of the deceased no part of the interment expenses may be borne by the Government because the word "or" clearly forbids the payment of both interment expenses and preparation and transportation to the soldier's home. The Seventy-fourth Congress, in the act of June 15, 1936 (Public, 677), corrected this apparent error insofar as the civilian components are concerned, for in such act, which was intended to bring the laws governing expenditures incident to the care, treatment, and burial expenses of the Organized Reserves, National Guard, etc., while on active duty, in line with those providing for the Regular Army, the following language was used: "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. In connection with this subject, Civilian Conservation Corps regulations authorize the expenditure of not to exceed $50 for expenses incident to interment in addition to the cost of preparation of the body and shipment home. Similar expenses in the case of members of the Organized Reserve, National Guard, etc., who die on active duty are left to the discretion of the Secretary of War by the act of June 15, 1936, mentioned above. The War Department believes that the expenses of interment of those entitled to burial at Government expense should be borne by the Government irrespective of the place of burial and that the provisions contained in the act of March 9, 1928, should be broadened to provide this expense for the personnel of the Regular Army to the same extent as for the civilian components when on active duty. It is further believed that the act of March 9, 1928, should be further amended to provide for burial at Government expense of military personnel on the active list who die while absent with or without leave. This may not now be done because under the decision of the Comptroller General, December 14, 1922 (2 c. c. 380), which decision is reviewed in A-69449, dated March 24, 1936, burial expenses are held to be in the same category as pay and allowances and are not payable at Government expense when death occurs while an enlisted man is absent without leave although his military status on the active list has not been disturbed. In the above-mentioned opinion addressed to the Secretary of War the Comptroller General stated: "If it is believed the law should be such as to place upon the Government the expense of burial of enlisted men who meet death (possibly a result of their wrongdoing) while absent without leave and thus beyond military control, the matter is one for submission by you to the Congress." In the administration of the affairs of the War Department it occasionally happens that an enlisted man, temporarily absent without leave, but under circumstances which do not warrant a finding or conclusion of desertion, dies or is killed by accident or otherwise, thus giving rise to the question of the propriety of his burial at the expense of public funds appropriated for the general purpose of burial of enlisted men under the terms of the act of March 9, 1928. As stated above, the Comptroller General's ruling in the matter prevents the expenditure of Government funds under the circumstances. This has resulted in embarrassing situations which reflect discredit upon the service. The proposed bill would in no way change the existing law regarding burial expenses authorized for members of the civilian components and members of the Civilian Conservation Corps. It merely removes the restriction in regard to interment expenses for personnel of the Regular Army and provides that burial expenses be allowed in the case of military personnel on the active list who die while absent with or without leave. It is estimated that the annual additional cost resulting from the enactment of this proposed legislation will not exceed $22,800. The proposed legislation was submitted to the Acting Director, Bureau of the Budget, who on February 12, 1937, stated that "Such portion of the proposed legislation as authorizes the payment of burial expenses of military personnel on the active list who die while absent with or without leave would not be in conflict with the program of the President, but that such portion of the proposed legislation as authorizes payment of expenses of interment in a private cemetery would not, pending a further consideration of this problem as it concerns the other commissioned services, be in accord with the program of the President." On November 23, 1937, the Acting Director, Bureau of the Budget, stated that the War Department might, if it wished, eliminate from the proposed draft the objectionable features or submit the draft as originally presented and supply the Speaker of the House with the information contained in his letter of February 12, 1937. The proposed legislation submitted herewith is not the original draft upon which the Acting Director, Bureau of the Budget, supplied the information contained in letter of February 12, 1937, the pertinent part of which is quoted above. The draft, herewith, contains an amended section 3; the amendment rewords that section so that there can be no question as to the application of the proposed legislation to personnel of the Regular Army only, and the prisoners and civilians described in the original draft. The amended draft was for the purpose of correction only. The proposed legislation now conforms with the intent as set forth in letters originally transmitted to the Bureau of the Budget, and the resubmission of this draft to that Bureau is not considered necessary. Respectfully, HARRY H. WOODRING, о |