C. S. C. 37: 35

U. S. C. 37: 35, note

C. S. C. 37: 32, 35, notes

"(ii) if such holder leaves no surviving spouse or child or children, then in equal shares to such holder's surviving parents, if any;

"(iii) if such holder leaves no surviving spouse, child, or parent, then in equal shares to such holder's surviving brothers and sisters, if any; and

"(iv) if such holder leaves no surviving spouse, child, parent, brother, or sister, then in equal shares to the surviving child or children, if any, of such holder's deceased brothers and sisters". (c) Section 6. In subsection (b) delete "To such member's or former member's surviving spouse and children, if any, in equal shares; and if such member or former member leaves no surviving spouse or child or children, then in equal shares to his surviving parents, if any", and insert in lieu thereof the following:

"(i) to such member's or former member's surviving spouse and children, if any, in equal shares;

"(ii) if such member or former member leaves no surviving spouse or child or children, then in equal shares to such member's or former member's surviving parents, if any;

"(iii) if such member or former member leaves no surviving spouse, child, or parent, then in equal shares to such member's or former member's surviving brothers and sisters, if any; and

"(iv) if such member or former member leaves no surviving spouse, child, parent, brother, or sister, then in equal shares to the surviving child or children, if any, of such member's or former member's deceased brothers and sisters".

SEC. 2. A sum equal to the amount of any bond or check heretofore covered into the general fund of the Treasury, for lack of survivors pursuant to section 6, paragraph (2) of subsection (a), of the Armed Forces Leave Act, shall be payable, upon request, to any survivor entitled thereto under the provisions of said section 6, paragraph (2) of subsection (a), as amended by this Act: Provided, That in any case where payment under the provisions of section 6, paragraph 2, of subsection (a) has been refused to a person not a survivor, as defined by the Armed Forces Leave Act of 1946 as heretofore in force, and the bond has not been retired or the proceeds of the check been paid into the general fund, payment shall be made upon application by those persons now entitled to payment under the provisions of section 6, paragraph 2, of subsection (a) as amended by this Act.

SEC. 3. The provisions of this Act shall be effective from August

9, 1946.

Approved June 19, 1948.

[PUBLIC LAW 871-80TH CONGRESS]

[CHAPTER 791-2D SESSION]

[H. R. 4272]

AN ACT

To provide for the procurement and supply of Government headstones or markers for unmarked graves of members of the armed forces dying in the service or after honorable discharge therefrom, and other persons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army is authorized and directed to furnish appropriate Government headstones or markers for the unmarked graves of soldiers of the Union and Confederate Armies of the Civil War, and for the unmarked graves of all members of the armed forces of the United States dying in the service, or former members whose last service terminated honorably; and for all unmarked graves in post and national cemeteries. The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force are authorized and directed to compile a list of the names of all members of the armed forces of the United States who died while serving in such forces in the overseas theaters of operations on or after September 3, 1939, and whose bodies have not been recovered or identified or have been buried at sea. Upon the compilation of s' ch list of names and other appropriate data, the American Battle Monuments Commission and the Secretary of the Army are authorized and directed to provide for the inscribing of each such name and pertinent data with respect to the individual on the wall of a chapel or other appropriate memorial erected by the American Battle Monuments Commission or by the Department of the Army. In determining the particular chapel or other memorial on the wall of which any particular name shall be inscribed, the Commission and the Secretary shall follow the general rule of having the name inscribed upon the wall of that chapel or other memorial which is appropriate in view of the circumstances under which the deceased died in the service of his country.

SEC. 2. The Secretary of the Army is authorized and directed to make rules and regulations concerning the type, design, weight, and size of headstones erected in all cemeteries under his control and jurisdiction, and of all headstones or markers furnished pursuant to the provisions of this Act.

SEC. 3. The Secretary of the Army shall cause to be preserved in the records of his office, the names when known, and places of burial of all persons for whom headstones or markers are authorized by section 1 of this Act. The rank, organization, date of death, and such other information as the Secretary of the Army prescribes shall be included in the record.

SEC. 4. The following laws are hereby repealed: Act of February 3, 1879 (ch. 44, 20 Stat. 281, U. S. C., title 24, sec. 280); Act of February 26, 1929 (ch. 324, 45 Stat. 1307, U. S. C., title 24, sec. 280a); Act of April 18, 1940 (ch. 109, 54 Stat. 142, U. S. C., title 24, sec. 280b).

Approved July 1, 1948.