[CHAPTER 419-2D SESSION]

[H. R. 4271]

AN ACT

To amend the Nationality Act of 1940 to preserve the nationality of citizens residing abroad.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter IV of the Nationality Act of 1940, section 409, is amended to read as follows:

"SEC. 409. Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration of five years following the date of the approval of this Act: Provided, however, That a naturalized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect immediately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of five years following the date of the approval of this Act unless it is overcome during such period."

Approved September 27, 1944.

[CHAPTER 421-2D SESSION]

[H. R. 5025]

AN ACT

To allow credit in connection with certain homestead entries for military or naval service rendered during World War II.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who has served or may serve in the military or naval forces of the United States for a period of at least ninety days during World War II, and is honorably discharged, and who makes homestead entry subsequent to such discharge, shall have the period of his military or naval service, not exceeding two years, construed to be equivalent to residence and cultivation upon the land for the same length of time. Credit shall be allowed for two years' military or naval service (1) if such person is discharged on account of wounds received or disability incurred in the line of duty, or (2) if such person is regularly discharged and subsequently is furnished hospitalization or is awarded compensation by the Government on account of such wounds or disability. No patent shall issue to any such person who has not resided upon his homestead and otherwise complied with the provisions of the homestead laws for a period of at least one year.

SEC. 2. In the case of any person who would be entitled to a homestead under the provisions of this Act, his widow, if unmarried, or, in the case of her death or marriage, then his minor orphan children by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in section 1 of this Act. An entry made by such widow or guardian shall be subject to the provisions contained in said section 1, respecting compliance with the provisions of the homestead laws for a period of at least one year.

SEC. 3. Where a person entitled to the benefits of section 1 or 2 of this Act makes homestead entry and dies before completing title, leaving a minor orphan child, or minor orphan children, patent shall issue to such minor or minors upon proof showing such facts, without any proof as to compliance with the law in the matter of residence, cultivation, or improvements.

SEC. 4. For the period of ten years following the date of the enactment of this Act, on the revocation of any order of withdrawal, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, in which persons of the classes entitled to credit for military or naval service, under the provisions of this Act, shall have a preferred right of application under the homestead or desert land laws, or the Act of June 1, 1938 (52 Stat. 609; 43 U. S. C., sec. 682a), subject to the

requirements of applicable law, except as against the prior existing valid settlement rights and preference rights conferred by existing laws, or equitable claims subject to allowance and confirmation.

SEC. 5. The Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary to carry the provisions of this Act into full force and effect.

Approved September 27, 1944.

[CHAPTER 423-2D SESSION]

[H. R. 5196]

AN ACT

To amend section 22 of the Interstate Commerce Act by authorizing common carriers to grant reduced fares to personnel of armed services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 22 of the Interstate Commerce Act is hereby amended by inserting after "homes;" at the end of the second clause thereof the following clause: "nothing in this part shall be construed to prohibit any common carrier from establishing by publication and filing in the manner prescribed in section 6 reduced fares for application to the transportation of (a) personnel of United States armed services or of foreign armed services, when such persons are traveling at their own expense, in uniform of those services, and while on official leave, furlough, or pass; or (b) persons discharged, retired, or released from United States armed services within thirty days prior to the commencement of such transportation and traveling at their own expense to their homes or other prospective places of abode;".

Approved September 27, 1944.

[CHAPTER 426-2D SESSION]

[S. 1250]

AN ACT

To repeal section 2 of the Act approved May 17, 1926, which provides for the forfeiture of pay of persons in the military and naval service of the United States who are absent from duty on account of the direct effects of venereal disease due to misconduct, and to amend Veterans Regulation Numbered 10, as amended, to define line of duty and misconduct for pension and compensation purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act approved May 17, 1926 (44 Stat. 557; 10 U. S. C. 847b; 34 U.S. C. 882b), is hereby repealed.

SEC. 2. That paragraph VIII of Executive Order Numbered 6098, dated March 31, 1933 (Veterans Regulation Numbered 10, as amended; 38 U. S. C., ch. 12), be amended to read as follows:

"PAR. VIII. An injury or disease incurred during military or naval service will be deemed to have been incurred in line of duty and not the result of the veteran's own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active service in the military or naval forces, whether on active duty or on authorized leave, unless such injury or disease was the result of his own willful misconduct: Provided, That venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the Army or Navy regulations requiring him to report and receive treatment for such disease: Provided further, That the requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service, or by absenting himself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court martial or civil court."

SEC. 3. That paragraph IX of Veterans Regulation Numbered 10, as amended, be and is hereby amended to read:

"PAR. IX. Pension shall not be payable under part III, Veterans Regulation Numbered 1 (a), as amended, for any disability due to the claimant's own willful misconduct or vicious habits."

SEC. 4. This Act shall be effective from the date of its approval. Sections 2 and 3, inclusive, shall be applicable to claims filed or adjudicated thereafter and the beginning date of awards shall be as provided in applicable statute or regulations: Provided, That no claim heretofore disallowed by reason of misconduct or line of duty requirement shall be revived but benefits may be payable on the basis of a new claim filed hereafter in such form as may be prescribed by the Administrator of Veterans' Affairs.

Approved September 27, 1944.