1st Session No. 1154 AMENDING THE VETERAN'S PREFERENCE ACT OF 1944 WITH RESPECT TO CERTAIN MOTHERS OF VETERANS AUGUST 1, 1949.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. CROOK, from the Committee on Post Office and Civil Service, submitted the following REPORT (To accompany S. 974 The Committee on Post Office and Civil Service, to whom was referred the bill (S. 974) to amend the Veterans' Preference Act of 1944 with respect to certain mothers of veterans, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: On page 2, line 3, strike out the word "legally". PURPOSE OF AMENDMENT The purpose of the amendment is to perfect the language of the bill in accordance with present law. STATEMENT The purpose of the bill is to permit mothers and widows who acquire veterans' preference eligibility under the Veterans' Preference Act of 1944, as amended, and then lose such preference by reason of remarriage, to regain such preference after divorce or legal separation following such remarriage. Under present law, a remarriage by a divorced or widowed mother who is entitled to veterans' preference destroys such mother's right to veterans' preference. The bill would alter this situation by providing that such mother may be entitled to veterans' preference if, following remarriage, she is divorced or legally separated from the husband of such remarriage. Hearings were conducted with respect to this legislation, at which time representatives of the Civil Service Commission and the Veterans of Foreign Wars appeared and endorsed the bill. The position of the Commission is as follows: Due to the small number of persons who will be affected by extending benefits to widows of deceased or disabled ex-servicemen or ex-servicewomen, or legally separated or divorced mothers, following a subsequent remarriage and legal separation or divorce, as well as the belief that the benefit is derivative from the relationship between the "widow" or "mother" and the ex-serviceman son or ex-servicewoman daughter and could justifiably be conferred without regard to the marital status of the mother, the Commission sees no objection to the enactment of S. 974. The reports of the Veterans' Administration dated April 13, 1949, and the Civil Service Commission dated April 12, 1949, to the Senate Post Office and Civil Service Committee in connection with this legislation, which raised no objection to the bill, are as follows: Hon. OLIN D. JOHNSTON, VETERANS ADMINISTRATION, Chairman, Committee on Post Office and Civil Service. United States Senate, Washington 25, D. C. DEAR SENATOR JOHNSTON: Further reference is made to your letter of March 4, 1949, requesting a report by the Veterans' Administration on S. 974, Eightyfirst Congress, a bill to amend the Veterans' Preference Act of 1944, with respect to certain mothers of veterans The purpose of this bill is to grant preference to an additional class of mothers not now embraced by the law. Preference would be granted to those mothers who have remarried provided they are divorced or legally separated from their husbands at the time preference is claimed. The granting of preference would be restrictive of the present law; however, where mothers who have not remarried are separated from the father of the ex-service man or woman. In this category. only mothers who are divorced or legally separated from the father of said son or daughter would be entitled. Mothers of veterans were not given veterans' preference under the provisions of the Veterans' Preference Act of 1944 (58 Stat. 387), as enacted June 27, 1944. The amendatory act of January 19, 1948 (Public Law 396, 80th Cong.), extended preference to unremarried widowed mothers of deceased or permanently and totally disabled ex-service men and women, provided such mothers were widows at the time of death or disablement of their son or daughter. Preference was also given mothers who were divorced or legally separated from the father of the deceased or disabled ex-service man or woman, provided such son or daughter was her only child. It should be pointed out that such divorced or legally separated mothers were not required to be unremarried under the provisions of this act. The report (H. Rept. 697) of the House Committee on Post Office and Civil Service on H R. 1426, Eightieth Congress, which became the act of January 19, 1948, supra, reveals an intention to extend to widowed mothers the same consideration given wives and unremarried widows of deceased or disabled exservicemen The amendatory act of July 2, 1948. Public Law 888. Eightieth Congress. had the following effects: (1) Removed from the act the requirement that a widowed mother to be eligible thereunder need be a widow at the time of the death or disability of her deceased or disabled son or daughter; (2) Removed the requirement that separated mother, to be eligible for benefits, need be legally separated; (3) Provided that a mother who is divorced or separated shall not have remarried; (4) Removed the requirement that the veteran concerned be the only child of such mother. The report of the Senate Committee on Post Office and Civil Service on H. R. 5508 (S. Rept. 1561), stated in pertinent part as follows: "It is hereby declared to be the meaning of Public Law 396, as conveyed through H. R. 5508, that no widowed mother shall, solely because she is or was the mother of only one ex-serviceman son or ex-servicewoman daughter, be deprived of the provisions of section 2, clause 5, of the Veterans' Preference Act of 1944. "By being limited to one ex-serviceman son or ex-servicewoman daughter as the only basis upon which a gold-star mother could obtain mothers'-veterans' preference, the committee points to the fact that Mrs. Sullivan, of Iowa, whose five sons died aboard the same ship during World War II, would be ineligible because she was the mother of more than one ex-serviceman son. "The committee proposes an amendment to H. R. 5508 by offering a revision in line 9 of page 1 of the bill, by striking out the word 'legally'. "Because of some religious beliefs that divorce should not be recognized and because 'living apart' need not be specified as being 'legally separated,' the committee takes full notice of as many circumstances as possible in order to assist in improving the administration of the present bill." The widowed, divorced, or separated mothers who in either case are unremarried are now entitled to preference in certification for appointment, in appointment, in reinstatement, in reemployment, and in retention in civilian positions of employment in the Federal Government, and the government of the District of Columbia. This preference is identical to that given to the wives of such disabled veterans as have themselves been unable to qualify for civil-service appointment, and the unremarried widows of deceased servicemen who served during any war. or in any campaign or expedition for which a campaign badge has been authorized. S. 974. if enacted. would extend benefits to all these mothers even though remarried, notwithstanding the fact that preference is not so extended to the remarried widows of such veterans. The enactment of S. 974 would permit mother-preference eligibles to acquire preference eligibility, then lose it by reason of remarriage, and upon divorce or legal separation regain such eligibility. Acquisition or loss of eligibility would be a changing condition, depending on the number of times a mother remarried and her marital status at the time preference is claimed. It is hoped that the foregoing comments will be of assistance to the committee in its consideration of the bill. Because of the committee's request that this report be expedited, it has not been possible to secure advice from the Bureau of the Budget as to the relationship of the proposed legislation to the program of the President. Sincerely yours, Hon. OLIN D. JOHNSTON, CARL R. GRAY, Jr., Administrator. UNITED STATES CIVIL SERVICE COMMISSION, Chairman, Committee on Post Office and Civil Service, United States Senate. DEAR SENATOR JOHNSTON: Further reference is made to your letter of March 4, 1949, requesting a report of the Commission's views on S. 974, a bill to amend the Veterans' Preference Act of 1944 with respect to certain mothers of veterans. S. 974 would amend the Veterans' Preference Act of 1944 by striking out "(if they have not remarried)" in section 2 (a) (5), and inserting in lieu thereof "(if they have not remarried or, if they have remarried, they are divorced or legally separated from their husband at the time preference is claimed).' It would also amend section 2 (b) (6) of the act, as amended, by striking out "(B) the mother was divorced or separated from the father of said ex-serviceman son or ex-servicewoman daughter, and (C) the mother has not remarried." and inserting in lieu thereof "(B) the mother was divorced or legally separated from the father of said ex-serviceman son or ex-servicewoman daughter, and (C) the mother has not remarried or, if she has remarried, she is divorced or legally separated from her husband at the time preference is claimed." The change in language would require (1) a legal separation under (B) in lieu of mere separation, and (2) would authorize preference for a "widow" or "mother" after a remarriage provided there is a subsequent divorce or legal separation. Enactment of the amendment requiring a "legal separation" as a condition precedent would relieve the Commission of an administrative difficulty in that under the present law the Commission must determine when in fact a separation has occurred. Due to the small number of persons who will be affected by extending benefits to widows of deceased or disabled ex-servicemen or ex-service women or legally separated or divorced mothers, following a subsequent remarriage and legal separation or divorce, as well as the belief that the benefit is derivative from the relationship between the "widow" or "mother" and the ex-serviceman son or ex-servicewoman daughter and could justifiably be conferred without regard to the marital status of the mother, the Commission sees no objection to the enactment into law of S. 974." The Commission suggests, however, if it is intended that the benefits should accrue to any mother or widow who has subsequently remarried and is without a husband, that "widowed," be added after the word "are" on page 1, line 7, and after the word "is" on page 2, line 6, in order that a "mother" or "widow" who subsequently remarries and then is widowed will also be eligible for preference benefits. Because of the need for making immediate reply the Commission has not been able to secure advice from the Bureau of the Budget as to the relationship of this bill to the program of the President. By direction of the Commission: HARRY B. MITCHELL, President. CHANGES IN EXISTING LAW In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): VETERANS PREFERENCE ACT OF 1944, AS AMENDED SEC. 2. In certification for appointment, in appointment, in reinstatement, in reemployment, and in retention in civilian positions in all establishments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administration, project, and department created by acts of Congress or Presidential Executive order; and (d) the civil service of the District of Columbia, preference shall be given to (5) widowed mothers [(if they have not remarried)] (if they have not remarried or, if they have remarried, they are divorced or legally separated from their husband or such husband is dead at the time preference is claimed). * * * (A) of deceased ex-servicemen or ex-service women who lost their lives while on active duty in any branch of the armed forces of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized), or (B) of service-connected permanently and totally disabled ex-servicemen or ex-servicewomen. if said ex-serviceman or ex-servicewoman was separated from such armed forces under honorable conditions; and (6) a mother of a deceased ex-serviceman or ex-servicewoman who lost his or her life while on active duty in any branch of the armed forces of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized), or of a serviceconnected permanently and totally disabled ex-serviceman or ex-servicewoman, if (A) said ex-serviceman or ex-servicewoman was separated from such armed forces under honorable conditions [(B) the mother was divorced or separated from the father of said ex-serviceman son or ex-servicewoman daughter. and (C) the mother has not remarried.] (B) the mother was divorced or legally separated from the father of said ex-serviceman son or ex-servicewoman daughter, and (C) the mother has not remarried or, if she has remarried, she is divorced or legally separated from her husband or such husband is dead at the time preference is claimed. DISCHARGE OF FIDUCIARY OBLIGATION TO IRAN AUGUST 1, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. CARNAHAN, from the Committee on Foreign Affairs, submitted the following REPORT To accompany H. R. 5731! The Committee on Foreign Affairs, to whom was referred the bill (H. R. 5731) to discharge a fiduciary obligation to Iran, having considered the same, report favorably and unanimously thereon without amendment and recommend that the bill do pass. Legislation of the character here reported was requested in a letter of the Secretary of State to the Speaker dated July 15, 1949. The bill was introduced July 22 and was considered by the Committee on Foreign Affairs in executive session on July 25. The legislation attempts to remove a legal obstacle to the discharge of an international obligation by the United States. The attendant circumstances are complex and cover a range of 25 years. The intertwined facts and legal principles are covered fully in this report. I. THE DIPLOMATIC BACKGROUND The sequence of facts behind the present legislative proposal begins in July 1924 with the killing of a vice consul of the United States, Mr. Robert Imbrie, and the injury of another American by a mob in Tehran, Iran-or, as then called, Persia. On July 26, 1924, the United States Minister delivered a note to the Persian Prime Minister expressing this Government's concern over the incident and stating five avenues of redress which this Government expected: (a) An indemnity of $60,000 to the widow; (b) full military honors to the deceased while on Persian soil; (c) punishment of the guilty; (d) an indemnity for the injured American; and (e) payment of the expenses to be incurred by transportation of the body to the United States aboard a warship. |