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Hon. DAVID A. REED,

Chairman Military Affairs Committee,

WAR DEPARTMENT, Washington, January 5, 1932.

United States Senate.

MY DEAR SENATOR REED: Careful consideration has been given to the bill S. 426, "A bill regulating the use of appropriations for the military and nonmilitary activities of the War Department," which you transmitted to the War Department under date of December 22, 1931, with a request for information and the views of the War Department relative thereto.

The War Department appropriation act approved February 3, 1931, making appropriations for the fiscal year beginning July 1, 1931, contains a provision very similar to the proposed bill, as follows:

"That in the expenditure of appropriations in this act the Secretary of War shall, unless in his discretion the interests of the Government will not permit, purchase or contract for within the limits of the United States only articles of the growth, production, or manufacture of the United States, notwithstanding that such articles of the growth, production, or manufacture of the United States may cost more, if such excess of cost be not unreasonable."

The provision quoted is applicable to appropriations made for the fiscal year ending June 30, 1932. The proposed bill S. 426 would make this provision permanent. It is worded substantially as was Senate amendment No. 48 to H. R. 15593, Seventy-first Congress, third session. At the suggestion of the Subcommittee of the House Committee on Appropriations the Senate amendment was changed into the form finally enacted."

In view of the fact that the present law is working satisfactorily, it is suggested that any similar legislation which may be enacted conform to the existing law. This will give the War Department further opportunity to test its application in its present form, and should it be found advisable at any future time to make any changes I shall be pleased to make such recommendation to your committee. Sincerely yours, PATRICK J. HURLEY, Secretary of War.

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72D CONGRESS 1st Session

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SENATE

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REPORT No. 271

EDUCATION, MEDICAL ATTENTION, AND RELIEF OF DISTRESS OF INDIANS

FEBRUARY 17 (calendar day, FEBRUARY 19), 1932.-Ordered to be printed

Mr. FRAZIER, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 3110)

The Committee on Indian Affairs, to whom was referred the bill (S. 3110) authorizing the Secretary of the Interior to arrange with States for the education, medical attention, and relief of distress of Indians, and for other purposes, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment.

The bill authorizes the Secretary of the Interior, at his discretion, to enter into contracts with the States which have been authorized by their legislatures to do so, for the education, medical care, and take other responsibilities for the Indians. It authorizes the Department of the Interior to arrange with those States, where it finds this advisable, for the use of Government property incidental to the administration of Indian affairs. It authorizes the Secretary of the Interior to make what rules and regulations are necessary to carry out this cooperation between the Federal Government and the States, and requires him to report to Congress each December as to what contracts he has made.

This bill is intended particularly to make it possible that the Department of the Interior should arrange for the handling of certain Indian problems with those States in which the Indian tribal life is largely broken up and in which the Indians are to a considerable extent mixed with the general population. In such States Indian health, for example, becomes a problem so intermixed with that of the general health of the community that it is difficult to separate the two. The maintenance of a State health agency and a separate health agency for Indians under these circumstances is found to be uneconomical and contrary to efficient administration. This bill

would make it possible for State health agencies to take charge of Indian health, and for the Federal Government to bear the added expense.

In many sections the education of the Indians is found to develop into a similar situation. The Indians in these sections are largely mixed with the white population, and it becomes advisable to fit them into the general public-school scheme rather than to provide separate schools for them. The Indian Service has already established the precedent of arranging with many local communities to take Indian children into the public schools, but it has lacked authority to transfer such functions on the broader basis to the States. It has held to the theory, however, that the Indian child in public schools, side by side with white children, makes more progress toward adjusting itself to a modern world than when it attends schools maintained for Indians only.

The proposed bill does not make the transfer of any of these responsibilities for the welfare of the Indians mandatory upon the Department of the Interior. It merely makes it possible that the transfers may be made when, in the judgment of the Secretary of the Interior, they seem advisable. Contracts for these services may be made with the States at the will of the Secretary when he finds all conditions favorable to making them. The contracts will be regarded as experimental and may be canceled at the expiration of certain short terms. Where the State takes over these details of Indian administration, the Federal Government in each case will contribute to the expenses incurred out of money appropriated for Indian administration.

This bill points toward a definite working out of the policy of the Department of the Interior which looks toward the development of the Indian to the point where he can take his place as a normal contributing citizen of the community. It contemplates the administration of problems having to do with his well-being on a basis that is the same as and a part of that of the normal community. The States that are asking to take over the administration of certain phases of the Indian problem take the position that it is to their material advantage to convert him as quickly as possible into a productive citizen, that he may become an asset rather than a liability. All of this is a part of the general administration problem, the purpose of which is a constructive working out of the Indian problem.

This bill has the recommendation of the Secretary of the Interior, as set forth in the following letter, which is appended hereto and made a part of this report:

DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, February 18, 1932.

Hon. LYNN J. FRAZIER,

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: In compliance with your request of January 26, for a report on S. 3110, which is a bill that would authorize the Secretary of the Interior to arrange with States for the education, medical attention, and relief of distress of Indians, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with the commissioner.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

Memorandum for the Secretary.

DEPARTMENT OF THE INTerior,
OFFICE OF INDIAN AFFAIRS,
Washington, February 4, 1932.

Reference is made to the request of the chairman Committee on Indian Affairs, United States Senate, for report on Senate 3110, which would authorize the Secretary of the Interior to arrange with States for the education, medical attention, and relief of distress of Indians.

The principle underlying this proposed legislation is in accord with the belief that the time has arrived when States directly interested in the civilization and advancement of Indians should begin to assume a greater degree of responsibility in connection with Indian affairs, and especially in matters relating to education, medical care, and relief of indigents. Several States have already given evidence of a disposition to assume more responsibility in the care of their Indian population, and this attitude may be interpreted as indicative of a willingness on the part of many States to assume an increased degree of responsibility in the management of the affairs of their Indian citizens.

Section 1 of the bill gives the Secretary of the Interior discretionary authority to enter into contract with proper State authorities for the expenditure of Government funds in connection with the activities named. Before such contracts can be made, it will be necessary for the legislatures of the several States to pass laws authorizing State officials to enter into contracts with the Federal Government. The Legislature of the State of California has already passed such a law. The term "medical attention" should be understood to cover physical examination, medical and surgical care and treatment, hospitalization, dispensary and convalescent care, nursing, sanitation, and the application of such other publichealth measures as might be necessary, including the prevention, suppression. and control of contagious and communicable diseases.

Section 2 of the bill authorizes the use by the State agencies of school buildings, hospitals and equipment, including livestock and personal property owned by the Government. If the State contracts to perform the services named, it would be desirable that they have authority to use present institutions maintained by the Government.

It should be borne in mind that this legislation provides an initial step in Cooperative endeavor between the Federal Government and the several States and before a definite future policy may be outlined it will be necessary to have some experience in this sort of endeavor. The legislation confines this cooperation to the three subjects of education, medical care and relief of distress, and does not in any way affect the status of the Indian either as to his citizenship or his property rights, nor does it affect in any way the tribal assets, landholdings or any other property of individual Indians or of any tribe of Indians. In view of the foregoing, I recommend the enactment of S. 3110.

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