52 STAT.] 75TH CONG. , 3D SESS.-CHS. 237, 238-MAY 17, 1938 "SEC. 3 . Funeral expenses shall be allowed for (1) all persons in the Regular Army as composed under section 2, Act of June 3, 1916, as amended (39 Stat. 166; U. S. C., title 10, sec. 4), who die while in the active military service; (2) accepted applicants for enlistment; (3) enlisted men who are discharged in hospitals and continue as inmates of said hospitals to the date of their death; (4) civilian employees of the Army or of the War Department who have been ordered by competent authority away from their homes in the United States to foreign countries, Hawaii, the Philippine Islands, Alaska, Puerto Rico, or the Canal Zone, and who die while on duty in such places or while performing authorized travel thereto or therefrom; (5) civilian employees of the Army or of the War Department who die on Army transports or while accompanying troops in the field, or who, while on Army transports or while accompanying troops in the field, incur injury or contract disease resulting directly in death away from their homes: Provided, That the benefits of this Act will be denied in no case on the ground that the deceased was tempo- rarily absent with or without leave when death occurred. "SEC. 4 . There is further authorized to be appropriated from time to time such sums as may be necessary for the expenses of prepara- tion for burial and interment of military prisoners who die at military posts, of prisoners of war, and of interned alien enemies who die in prison camps in the United States; for the expenses of the 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 or city cemeteries; and for the expenses of segregation of bodies in permanent American cemeteries in Great Britain and France. "SEc. 5 . In any case where funeral expenses authorized in section 3 hereof are borne by individuals, reimbursement to such individuals may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of any expenses incurred prior to the enactment of this Act which would not have been a proper charge against the Government prior to the date of approval thereof. "SEC. 6. The Act entitled 'An Act to authorize an appropriation for the recovery of the bodies of officers, soldiers, and civilian employees', approved March 8, 1928, is hereby repealed." Approved, May 17, 1938. [CHAPTER 2381 JOINT RESOLUTION To set apart public ground for the Smithsonian Gallery of Art, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of providing a site for a suitable building for properly housing and dis- playing the national collections of fine arts, comprising paintings sculptures, bronzes, glass, porcelain, tapestry, furniture, jewelry, and other types of art; to display portraits of eminent American men and women; and to exhibit the works of artists deserving of recogni- tion, the National Capital Park and Planning Commission shall designate and the President shall assign a suitable tract of public land in the District of Columbia between Fourth and Fourteenth Streets and Constitution and Independence Avenues. SEC. 2 . (a) A Commission, to be called the Smithsonian Gallery of Art Commission (hereinafter referred to as the "Commission"), comprising a member to be designated by the Regents of the Smith- sonian Institution; the Secretary of the Smithsonian Institution; a 399 Persons entitled to benefits. 39 Stat. 166. 10U. .C.§4. Proriso. Temporary absence when death occurred. Military prisoners, etc. Interned alien ene- mies. Removal of remains from abandoned posts. Cemeteries in Great Britain and France. Reimbursement to individuals for funeral expenses. Limitation. Act repealed. 45 Stat. 248 . 10U.S.C. 917. May 17, 1938 [H. J. Res. 859] [Pub. Res., No. 95] Smithsonian Gal- lery of Art, D. C. Site for, to be as- signed. Location. Smithsonian Gal- lery of Art Commis- sion created; member- ship, etc.
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