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AUTHORIZING THE SECRETARY OF THE INTERIOR TO ISSUE A PATENT IN FEE TO JEANETTE PEARL BURNS

Mar 4, 1949.—Committed to the Committee of the Whole House and ordered to

be printed

Mr. MORRIS, from the Committee on Public Lands, submitted the

following

REPORT

(To accompany H. R. 3886)

The Committee on Public Lands, to whom was referred the bill (H. R. 3886) authorizing the Secretary of the Interior to issue a patent in fee to Jeanette Pearl Burns, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 10: Add the following proviso: Provided, That when the land herein described is offered for sale, the Crow Tribe, or any Indian who is a member of said tribe, shall have six months in which to exercise preferential rights to purchase said 'tract of land, at a price offered to the seller by a prospective buyer willing and able to purchase.

EXPLANATION OF THE BILL

H. R. 3886 would authorize the Secretary of the Interior to issue & patent in fee to Mrs. Jeanette Pearl Burns, of Hardin, Mont., for the 300 acres allotted to her on the Crow Indian Reservation in Montana.

Mrs. Burns is employed by the Mon vana Department of Public Welfare and does not live on the Crow Reservation. Her salary is $1,800 per year and with that sum she is endeavoring to support and educate her four young children.

She is self-reliant and asks for no Federal aid or supervision. Since the income she receives from her allotment on the reservation is nominal, she wishes to sell the land and use the returns to complete the payments on a small house which she is buying. This will give her a small measure of security, at least.

At hearings held before the Subcommittee on Indian Affairs of the HOT Committee on Public Lands, a representative of the Bureau of Indian Affairs indicated that the Department of the Interior would not object to the issuance of a patent in fee to Mrs. Burns if a proviso were inserted to limit the purchase to a Crow Indian. The Bureau stated that Mrs. Burns' land is surrounded by other Indian land and that administrative difficulties might result if the land were purchased by a non-Indian.

NITION The committee accordingly has amended the bill to provide that the Crow Tribe or individual members thereof shall have 6 months

01231 in which to exercise preferential rights of purchase.

Enactment of H. R. 3886, as amended, is unanimously recommended by the Committee on Public Lands.

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AMENDING THE ACT ENTITLED “AN ACT TO PROVIDE INCREASES OF COMPENSATION FOR CERTAIN VETERANS WITH SERVICECONNECTED DISABILITIES WHO HAVE DEPENDENTS” TO DEFINE THE TERM "WIFE" TO INCLUDE “DEPENDENT HUSBAND'

May 5, 1949.-Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. RANKIN, from the Committee on Veterans' Affairs, submitted the

following

REPORT

(To accompany H. R. 2108]

The Committee on Veterans' Affairs, to whom was referred the bill (H. R. 2108) to amend the act entitled “An Act to provide increases of compensation for certain veterans with service-connected disabilities who have dependents” to define the term "wife” to include "dependent husband, having considered the same, report favorably thereon and recommend that the bill do pass.

EXPLANATION OF THE BILL During the Eightieth Congress there was passed Public Law 877, which provided increases of compensation for veterans with serviceconnected disabilities, of at least 60 percent in degree, who have dependents. The rates of such compensation are set forth in the table below:

Additional disability compensation because of dependents 1

Wife,

no child

No
No No

Wife, 3
Wife, 1 Wife, 2

wife,

wise, 3

wise, 2 child children children 1 child children

or more children

or more

Dependent parent or parents

World War II.
World War I
Spanish-American War, Philip-
pine Insurrection, xer Re-

$17.50 (1) bellion $21.00 $35.00 $45. 50 $56.00 $14.00 $24. 50 $35.00

35.00 (2) Civil War. Indian wars. Peacetime service (under combat or extrahazardous conditions).

14.00 (1) Regular peacetime service. 16. 80 28. 00 36. 40 44. 80 11. 20 28.00 {

19. 60

28.00 (2) Above rates are for 100-percent disability. If and while rated partially disabled, but not less than 60 percent, additional compensation is authorized in an amount having the saine ratio

to the amount specified In the applicable table, above, as the degree of disability bears to the total disability; e. g., war serviceIncreased as follows: $82.80+$12.60=$95.40. connected disability of 60 percent, compensation rate $82.80—ir veteran has a wise, his compensation is

This bill seeks to include among those listed as dependents, the dependent husbands of women veterans who are drawing disability compensation, and otherwise meet the requirement of Public Law 877. This would take care of dependent husbands of wives drawing compensation, for example, based on service-connected disability which resulted from service in the Army Nurse Corps or one of the other womens' services of the Army, Navy, or Marine Corps.

The same criteria for dependency would be applicable here as applies to dependents of male veterans.

The bill would take effect on the first day of the second calendar month following approval.

ESTIMATE OF COST

The Veterans' Administration has been unable to furnish the fixed cost estimate for his bill, but states, however, that the additional cost would be small. The report of the Veterans' Administration follows:

VETERANS' ADMINISTRATION,

Washington 25, D. C., February 28, 1949. Hon. John E. RANKIN, Chairman, Committee on Veterans' Affairs,

House of Representatives, Washington 25, D. C. DEAR MR. RANKIN: Reference is made to your letter of February 8, 1949, requesting a report by the Veterans' Administration on H. R. 2108, Eighty-first Congress, a bill to amend the act entitled "An act to provide increases of compensation for certain veterans with service-connected disabilities who have dependents” to define the term "wife” to include "dependent husband.”.

The purpose of the bill is to extend the benefits of the act of July 2, 1948 (Public Law 877, 80th Cong.), to include dependent husbands as an additional class of beneficiaries. This purpose would be accomplished by amending section 4 of the mentioned act by adding a proviso defining the term "wife” to include “dependent husband.”

Section 1 of the act of July 2, 1948 (Public Law 877, 80th Cong.), provides that any person entitled to compensation at wartime rates for disability incurred in or aggravated by active service as provided in part I, or paragraph I (c), part II, Veterans Regulation Numbered i (a), as amended, or the World War Veterans' Act, 1924, as amended, and restored with limitations by Public, No. 141, Seventythird Congress, March 28, 1934, as amended, and whose disability is rated not less than 60 percent, shall be entitled to additional compensation on account of a wife, child, dependent mother or father, or both. Similar provision is made for veterans of the Regular Establishment by section 2 of the act. The act presently makes no provision for additional compensation for women veterans entitled to compensation for disability rated as not less than 60 percent who have dependent husbands.

Section 202 (13) of the World War Veterans' Act, 1924, as amended, defined the term "wife" to include "husband" if the husband is dependent upon the wife for support, for purposes of payment of additional compensation for dependents, Section 201 (6) of the World War Veterans' Act, 1924, as amended, also defined the term "widów” to include "widower" whenever his condition is such that if the deceased person were living he would have been dependent upon her for support.

Under the act of March 20, 1933, Public, No. 2, Seventy-third Congress, as amended, and applicable regulations issued pursuant thereto, a husband is not considered to be a dependent. Veterans of all wars, including the Philippine Insurrection and the Boxer Rebellion and the Regular Establishment, subject to certain limitations, are entitled to compensation at rates provided under Public, No. 2 and the Veterans Regulations issued thereunder. The administrative, definitive, and penal provisions under Public, No. 2, Seventy-third Congress, as amended, are applicable to Public Law 346, Seventy-eighth Congress, as amended, under the provisions of section 1500 (a) thereof, and consequently a husband is not considered a dependent for purposes of payment of subsistence allowances

under title II thereof. However, the definitions of the World War Veterans' Act, 1924, as amended, are presently applicable in appropriate cases to veterans of World War I since the World War Veterans' Act, 1924, as amended, was restored with limitations by Public, No. 141, Seventy-third Congress, March 28, 1934, as amended. Furthermore, the definitions in section 202 of the World War Veterans' Act, 1924, as amended, were made applicable to the act of March 24, 1943, entitled "To amend title' I of Public Law Numbered 2, Seventy-third Congress, March 20, 1933, and the Veterans Regulations to provide for rehabilitation of disabled veterans, and for other purposes” (Public Law 16, 78th Cong.), and the husband, until the act of December 28, 1945, Public Law 268, Seventyninth Congress, was expressly included among the persons for whose benedit subsistence allowances may be paid to disabled veterans pursuing training under said Public Law 16.

From the foregoing outline of applicable legislation and regulations, it is apparent that there is a lack of uniformity with respect to payment of benefits to women veterans whose husbands are dependent. Under the proposed legislation additional compensation could be awarded a woman veteran on account of a dependent husband, but in the event of the death of the wife such additional payments would cease and no death compensation could be paid to the widower unless the veteran wife were a World War I veteran whose widower might be entitled to death compensation by virtue of the provisions of section 28, Public, No. 141, Seventy-third Congress.

The Veterans Administration has no information on which to base an estimate of cost of the proposed legislation. However, it is believed that the additional cost would be small,

Advice has been received from the Bureau of the Budget that there would be ao objection by that office to the submission of this report to your committee. Sincerely yours,

O. W. CLARK (For Carl R. Gray, Jr., Administrator).

RAMSEYER RULE

In accordance with clause 2a of rule XIII, House of Representatives, the changes made in existing law by the bill are shown as follows (existing law proposed to be omitted is in black brackets; new matter is in italics; existing law in which no changes are proposed is shown in roman):

SECTION 4 OF PUBLIC LAW 877, EIGHTIETH CONGRESS Sec. 4. The administrative, definitive, and penal provisions of Public Law Numbered 2, Seventy-third Congress, and Veterans Regulations thereunder, as amended, shall be for application under this Act [.): Provided, That the term

ife" as used in this Act shall include dependent husband.

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