We feel that H.R. 4306 is somewhat restrictive and suggest that the extrahazardous duty provision be eliminated. We do not feel that it is fair, in connection with a child whose father has been killed, to determine whether or not he should have assistance on the basis of the hazards surrounding the father's death. If I may go off on a little bit of a tack, here, the exchange just had between you and the representative of the Veterans' Administration on extrahazardous duties reminds me of the question of the insurance application, to find out whether or not "any of your family died of anything serious." [Laughter.] And with respect to the child who has had his father taken away from him through service to his country, the Child Welfare Division of the American Legion has taken the position that there is some responsibility for assistance in his education, and we feel that S. 1050 is the better vehicle. Senator YARBOROUGH. And the American Legion supports the broader bill? Mr. MEARS. The American Legion supports the broader bill. Senator YARBOROUGH. I have perused this statement that you have condensed, and appreciate your condensation of it here. I want to especially commend you and the Director of the National Child Welfare Division and the Legion for their very fine condensed statement of the problem of education in America today, beginning with the fifth paragraph of your statement, boiled down in one fine paragraph. That will be in the record. And I wish the Legion would consider that also in connection with S. 1138, pending in the House. Mr. MEARS. I appreciate your comments, Senator. Senator YARBOROUGH. Thank you very much. The American Veterans Committee? Is Mr. Lechliter here? STATEMENT OF IRVIN LECHLITER, EXECUTIVE DIRECTOR, Mr. LECHLITER. Mr. Chairman, I can very briefly summarize our position. I am not here to criticize either S. 1050 or H.R. 4306, but I would suggest that what we like in AVC is the middle ground, which has already been identified as the performance-of-duty concept. I believe this concept would call for the drafting of legislation that would make educational assistance available to the orphans of postKorean veterans whose death resulted from a service-connected disability arising out of the performance of duty. And if the subcommittee in its wisdom feels that it can come out with a compromise bill of that nature, it will have the enthusiastic endorsement of AVC. Senator YARBOROUGH. Does the American Veterans Committee have such a provision drafted now that it cares to submit? Mr. LECHLITER. No. I have not drafted such a provision. But I should be glad to undertake it, if you would like. Senator YARBOROUGH. But you identify that as the performanceof-duty concept that has been developed here? Mr. LECHLITER. Yes, sir. Senator YARBOROUGH. Thank you very much. We have your position, and thank you for your able and succinct condensation of it. Mr. LECHLITER. Thank you, Senator Yarborough. Senator YARBOROUGH. Your complete statement will be in the record. (The prepared statement of Irvin Lechliter, executive director, American Veterans Committee, follows:) STATEMENT OF IRVIN LECHLITER, EXECUTIVE DIRECTOR, AMERICAN VETERANS COMMITTEE I am Irvin Lechliter, national executive director of the American Veterans Committee. AVC is grateful for an opportunity to present briefly its views on legislation to provide educational assistance for the children of service men and women who suffered death from a service-connected disability arising out of military service during the period February 1, 1955, through June 30, 1963. S. 1050, sponsored by Senator Yarborough, extends the War Orphans Educational Act to cover the children of post-Korea service men and women. It is my understanding that this bill extends the present concept of aid to orphans by authorizing assistance regardless of the manner in which death occurs. I can understand why it might be felt by some that this makes the bill too broad in its coverage, although I do not criticize it on that ground. A more restrictive bill, H.R. 4306, has passed the House of Representatives. It provides the same coverage for children of veterans as S. 1050, but eligibility is confined to the child of a person who died of a service-connected disability arising out of active military, naval, or air service during the two World Wars or in the Korean conflict or "as a direct result of armed conflict or while engaged in extrahazardous service (including such services under conditions simulating war) during the induction period." This creates a much smaller class of eligibles than S. 1050. I would suggest that there is a middle ground here which we might identify as the "performance of duty" concept. I believe that this concept would call for the drafting of legislation which would make educational assistance available to the orphans of post-Korean veterans whose death resulted from a service-connected disability arising out of the performance of duty while a member of the Armed Forces. I am not here to criticize either S. 1050 or H.R. 4306, but should the committee in its wisdom present a compromise between the two bills on the basis of the performance-of-duty concept, the American Veterans Committee would be pleased to endorse such legislation. In conclusion, I should like to express AVC's thanks to this distinguished committee for the opportunity to record our position on war orphans educational assistance. Senator YARBOROUGH. Next to be heard are the American Veterans of World War II. Mr. John R. Holden. STATEMENT OF JOHN R. HOLDEN, AMVETS' LEGISLATIVE REPRESENTATIVE Mr. HOLDEN. Thank you, Mr. Chairman. We of AMVETS appreciate this opportunity to present our views on the subject under consideration. The enactment of this bill into law will continue the enlightened policy, first exemplified by the War Orphans' Educational Assistance Act of 1956, which recognized the fact that the Federal Government has a stake in the future of those youngsters whose fathers' sacrifices have prejudiced their own educational opportunities. AMVETS have long believed both in the particular need for educational grants under such circumstances and the responsibility of the Nation to provide them. A sense of justice requires nothing less than real acceptance of the idea that the Federal Government has a responsibility to assist in the education of these children. As in the case of the war service connected, the family breadwinner who would normally provide for this children's education has lost his life as the result of service to his country. Added to the handicap imposed by their fathers' sacrifice is the fact that the burden of paying for our defenseposture and the increasing costs of government will fall upon these same children. Aside from any question of the Government's obligation in this matter, look at the Government's possible return on this investment. The results of the education and training program under the World War II GI bill will give us some indication in this regard. This program has given more than 7,800,000 veterans-half of all who served in World War II-the opportunity to improve their status in life through schooling and training. It is generally conceded that this influx of well-trained and educated young men into all professions and industries has improved the general economy of our Nation. By raising the income level of this segment of our population, it has undoubtedly increased the tax yield to the Government. It is logical to assume that enactment of the proposed legislation would achieve the same result. The maintenance of democratic government, the national defense, and the national welfare and progress depend upon having an enlightened citizenry. The enactment of this legislation represents one small step in assuring such an enlightened citizenry. We therefore urge the favorable reporting. In the 1st session of the 85th Congress, you will recall that AMVETS expressed its support of S. 1050 in an appearance before your subcommittee. We later supported the original version of H.R. 4306 before the Veterans' Affairs Committee in the House of Representatives. Both bills were similar in purpose, that of providing educational benefits to the children of deceased post-Korean veterans if the death was service connected. I wish to, on behalf of AMVETS, reiterate that support at this time. It is our considered view that educational benefits should be provided to the children of post-Korean veterans, provided the death was service connected. We are aware of the two extremes in the bills before you, H.R. 4306 and S. 1050. H.R. 4306 in its present form would limit the benefits to those who die as a result of armed conflict or extrahazardous service, and S. 1050, on the other hand, would include all serviceconnected deaths. The third alternative that you have discussed has been the performance-of-duty concept. In the judgment of AMVETS, H.R. 4306 is entirely too limited and would create inequities. The performance-of-duty concept, while slightly more expansive in its coverage, will certainly present problems of adjudication. It would be extremely difficult to explain to the widow of a veteran who had died of tuberculosis in service why her children were not entitled to education, while in the case of the widow of a veteran who had died of an automobile accident in a camp or station, the children of that veteran would be entitled. So as far as we are concerned, the bill before this committee, S. 1050, represents the most equitable solution to this problem. The concept of similar treatment for peace and wartime deaths has already been recognized by the Congress in the enactment of the Survivor Benefits Act in 1956. A service-connected death, whether occurring in war or peacetime, as the result of that act, entitles the beneficiary to the same amount of death compensation. And we believe it follows that similar educational benefits should be provided. Mr. Chairman, that just about summarizes the position of AMVETS. I have some supplemental language that, with your permission, I would like to insert in the record. Senator YARBOROUGH. Yes, Mr. Holden. The supplemental statement will be received and printed at this point in the record, just as the statements previously offered here, will be likewise printed in full at the respective points at which introduced. Thank you very much. You support the language of S. 1050 as introduced? Mr. HOLDEN. Yes, Mr. Chairman. Senator YARBOROUGH. Is the representative of the Catholic War Veterans here? They evidenced an intention to appear and a desire to be heard. (The following statement was subsequently submitted:) STATEMENT OF JAMES W. HAFEY, EXECUTIVE DIRECTOR, The Catholic War Veterans appreciate this opportunity to express its views on S. 1050 and H.R. 4306, bills presently being considered by this subcommittee which would grant educational assistance to children of service men and women who suffer death from a service-connected disability arising out of active military service during the period beginning on February 1, 1955, and ending on June 30, 1963. It has been the consistent view of the Catholic War Veterans that those men and women who served during this peacetime period, or their survivors, should be eligible for benefits similar to those received by wartime veterans and their dependents. The Catholic War Veterans strongly support legislation that would provide educational assistance for the children of these servicemen as proposed in the bills under consideration. While we can understand the contentions of those who advocate that some distinction must be made between wartime and peacetime service, when it concerns an injury or death, even though it may occur in peacetime, the effect upon the family of the veteran is the same. It means a reduced income and a loss to the wife and family of the potential earning capacity of the veteran. It means an entire change in their plan of life. The compensation paid to the family of a veteran who has died of a serviceconnected disability is never sufficient enough to replace the income of the veteran if he were alive and able to work. Nor does such compensation compare with the potential earning power of a veteran as he becomes older and more experienced in his profession or trade. Consequently, the death of the breadwinner imposes a serious financial loss to the entire family. When one considers that the death of the veteran is as a result of military service, regardless of the fact that death occurred in wartime or peacetime, the Federal Government should be responsible to make up in every way possible for the loss to the family. One approach to the responsibility would be to grant educational benefits to the children of these deceased servicemen. Not only would such a program greatly assist in the educational pursuits of the child or children of the deceased veteran, the money invested by the Federal Government in such a program would be returned tenfold through a better educated citizenry better equipped to fit into our complex way of life, not to mention increased revenue to the Government through higher income tax. The Catholic War Veterans urge that legislation similar to that proposed in these bills be enacted in this current session of Congress. Again, Mr. Chairman, let me say that we appreciate this opportunity to appear before your committee to express our views on this very important subject. Senator YARBOROUGH. The Veterans of Foreign Wars? Mr. Stover? Mr. Stover, if you have aids with you, or specialists, you may give us their names for the record. STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED STATES, ACCOMPANIED BY NORMAN D. JONES, DIRECTOR, NATIONAL REHABILITATION SERVICE; AND WILLIAM S. AUD, CLAIMS CONSULTANT Mr. STOVER. With me at my right is Mr. Norman Jones, director of our rehabilitation service. On my left is Mr. Aud, who is our consultant with the Veterans' Administration. Rather than read the whole statement, here, I will do as previous witnesses have done and sort of condense the presentation. Senator YARBOROUGH. Your prepared statement will be printed at this point in full. (The prepared statement of Francis W. Stover, director, national legislative service, Veterans of Foreign Wars of the United States, follows:) STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED STATES Mr. Chairman and members of the subcommittee, my name is Francis W. Stover, and I am the director of the national legislative service of the Veterans of Foreign Wars of the United States. I deeply appreciate this privilege and opportunity to appear here today to present the national viewpoint of our organization composed of 1,300,000 oversea and combat veterans located in some 10,000 posts in every State of the Union. The legislative position of the Veterans of Foreign Wars is controlled almost entirely by the resolutions adopted at our most recent annual national convention. Last year at our 60th annual convention which was held in Los Angeles, Calif., August 30 to September 4, two resolutions were approved unanimously by the delegates which are most pertinent to the two bills being considered here today. These two resolutions are a part of an omnibus resolution and read as follows: (1) "Seeking by legislation the extension of war orphans educational assistance benefits to surviving children of war veterans who died as a result (cause or contributory cause) of disease or injury incurred or aggravated during a period of military service recognized as wartime service for compensation purposes" (Res. 12(b)). (2) "In view of the probability that the present session of the 86th Congress may extend education and training benefits to nondisabled veterans who entered service subsequent to January 31, 1955, it is recommended that war orphans educational assistance benefits be extended to surviving children of veterans who first entered service after January 31, 1955, and prior to the termination of involuntary military service who died as a result (cause or contributory cause) of or were totally and permanently disabled by disease or injury incurred in or aggravated by such military service eligible for war orphans education assistance benefits" (Res. 12(d)). When H.R. 4306 was under consideration by the House Veterans' Affairs Committee, the VFW advocated educational benefits for the children of deceased peacetime veterans-only when the veteran's death was the result of military duty for which death compensation would be payable at wartime rates. By this it was meant that the death of the veteran must be under conditions such as extrahazardous duty, the direct result of armed conflict or under conditions simulating war. A specific example would be an airplane shot down by the Communists which resulted in the death of airmen aboard the plane; or the Marines landing in Lebanon during which time one of the servicemen lost his life while carrying out this operation simulating war. A careful reading of the VFW resolutions indicates that our position has expanded to include for war orphans education purposes the children of deceased veterans of the Armed Forces of any period so long as the death of the veteran occurred under circumstances for which wartime rates of death compensation would be payable. Behind this position is the long standing viewpoint of the Veterans of Foreign Wars that there is a sharp distinction between wartime and peacetime service which is reflected by the fact that most veteran benefits are |