You are advised that, although there is no objection to the submission of the proposed report to the committee, the Bureau of the Budget recommends against favorable consideration of this legislation by the committee. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MRS. ROGERS: This is in reply to your request for a report by the Veterans' Administration on H. R. 1047, 83d Congress, a bill to provide pension for certain widows of recipients of the Medal of Honor. The purpose of the bill is to authorize payment of pension to the unremarried widow (not otherwise entitled to compensation or pension under any law administered by the Veterans' Administration) of any person who has been awarded the Medal of Honor based on acts performed while in active service in the Armed Forces of the United States. The rate of pension would be $48 monthly or, if the widow was the wife of the veteran during any period of his service, $60 monthly. H. R. 1047 is identical with H. R. 3409, 82d Congress, and H. R. 7379, 81st Congress, with respect to which the Veterans' Administration submitted reports to your committee under dates of April 18, 1951 (Committee Print No. 99) and April 3, 1950 (Committee Print No. 239), respectively. Both bills were pending before the committee at the close of the respective Congresses. The Medal of Honor was first established for enlisted men of the Navy by the act of December 21, 1861 (12 Stat. 329), and for enlisted men of the Army by resolution of Congress approved July 12, 1862 (12 Stat. 623). Under existing law, with respect to Army personnel, the act of July 9, 1918 (40 Stat. 870; 10 U. S. C. 1403), authorizes the President to present in the name of Congress a Medal of Honor to each person who, while an officer or enlisted man of the Army, shall, in action involving actual conflict with the enemy, distinguish himself con spicuously by gallantry or intrepidity at the resk of his life above and beyond the call of duty. Conditions under which the Medal of Honor is authorized for naval personnel, however, differ in some respects from those in Army cases. In this connection it should be noted that the act of February 4, 1919 (40 Stat. 1056), as amended by the act of August 7, 1942 (34 Ú. S. C. 354), authorizes the President to present in the name of Congress a Medal of Honor to any person who, while in the naval service of the United States, shall, in action involving actual conflict with the enemy, or in line of his profession, distinguish himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty and without detriment to the mission of his command or to the command to which attached. In this connection, the Veterans' Administration is advised that the Medal of Honor has been presented to persons in the military and naval service for acts performed during other than a war period as defined in laws administered by the Veterans' Administration. The act of April 27, 1916 (39 Stat. 53), as amended (38 U. S. C. 391-394), established the Army and Navy Medal of Honor roll upon which is recorded on written application to the head of the military department concerned, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained or shall attain the age of 65 years, and who has been awarded the Medal of Honor for having, in action involving an actual conflict with an enemy, distinguished himself above and beyond the call of duty, and who has been honorably discharged from service. Persons whose names are entered on the Army or Navy Medal of Honor roll are paid a special pension by the Veterans' Administration of $10 a month for life based upon certificates of entitlement by the military departments. The law provides that this special pension shall not deprive the special pensioner of any other pension to which he is otherwise entitled, but shall be in addition thereto. There is no authority under existing law, however, to pay pension to the widow of any veteran who has been awarded the Medal of Honor, based solely on the fact that her husband was a holder of such decoration. Widows of veterans awarded the Medal of Honor, of course, are entitled under existing law to compensation for service-connected death and to pension for non-service-connected death on the same basis as widows of veterans who were not awarded such medal. H. R. 1047 proposes to grant widows of veterans awarded the Medal of Honor preference with respect to death pension benefits. Its enactment, however, would be discriminatory among such widows, in that benefits of the bill would not be available to widows within the group who are otherwise entitled to compensation or pension under laws administered by the Veterans' Administration. For example, suppose the widows, wives during service, of two World War I veterans both awarded the Medal of Honor, are granted pension for non-serviceconnected death in the amount of $48 monthly as provided by the act of June 28, 1934 (48 Stat. 1281), as amended (38 U. S. C. 503). Payment of pension to one widow, however, is subsequently discontinued in accordance with such act for the reason her annual income exceeds the statutory limitations. This widow, not being entitled to pension under laws administered by the Veterans' Administration, would be potentially entitled to the proposed rate of $60 set forth in the bill, whereas the widow who meets the requirements of existing law would be entitled to a continued payment of the lower rate of $48 monthly. It has been the long-established general policy of the Congress to restrict pension for non-service-connected death to dependents of war veterans. An exception to this policy was recently made by the act of May 11, 1951 (65 Stat. 40; 38 U. S. C. 745) under which pension for non-service-connected death, among other benefits, was extended to widows and children of veterans with service on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress. Insofar as widows of peacetime veterans are concerned, enactment of the subject bill would constitute a further exception to the stated general policy. Enactment of this bill might also serve as a precedent for requests for legislation authorizing similar pensions for widows of veterans who have been awarded other medals. Before concluding, it is believed appropriate to make reference to the legislative history of the act of April 27, 1916, referred to earlier in this report. The primary purpose of the act was to give special recognition to honorably discharged war veterans who in action involving actual conflict with an enemy distinguished themselves conspicuously by gallantry or intrepidity, at the risk of life above and beyond the call of duty. The provision for an award of $10 monthly to such persons after attaining the age of 65 years, was, according to Senate Report No. 240 on H. R. 4701, 64th Congress (which later became the act of April 27, 1916), to serve as "recognition of superior claims on the gratitude of the country." In the debates on the floor of the House on that bill, an amendment to increase the rate to $18 monthly was rejected after a statement was made that any increased amount would appear to be a matter of pay and pension instead of a matter of honor (53 Congressional Record, pt. 3, p. 2349). Whether the reasons for the rejection of an increase in rate of pension payable to persons on the Army and Navy medal of honor roll referred to above would be applicable in the consideration of H. R. 1047 is a matter for the consideration of, and determination by, the Congress. Since recommendations for the award of the Medal of Honor generally are a matter within the jurisdiction of the military departments, it is suggested your committee may desire to obtain the views of the Secretary of Defense with respect to H. R. 1047. According to the best information available, the Medal of Honor has been issued to a total of 3,117 persons as of February 12, 1953, of whom 315 were living on that date. Information is not available as to the number of surviving widows of this group who are not otherwise entitled to compensation or pension under any law administered by the Veterans' Administration. Because of the unavailability of essential information, as indicated above, it is not possible to submit an estimate of the cost of the bill, if enacted. The Bureau of the Budget has advised that for the reasons stated in this report and in view of the present stringent budgetary situation, that Office recommends against favorable consideration of this legislation by the committee. Sincerely yours, CARL R. GRAY, Jr., Administrator. [No. 42] COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES VETERANS' ADMINISTRATION, Washington 25, D. C., April 16, 1953. Hon. EDITH NOURSE ROGERS, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D. C. DEAR MRS. ROGERS: This is in reply to your requests for report by the Veterans' Administration on H. R. 617 and H. R. 2869, 83d Congress, identical bills, to provide for the payment of increased special pensions to persons holding the Congressional Medal of Honor, and for other purposes. The purpose of both bills is to increase the rate and liberalize the requirements for payment of a special pension to certain holders of the Medal of Honor. These bills are identical with H. R. 1751 and H. R. 4440, 82d Congress, which were pending before the committee at the close of the 82d Congress. With respect to H. R. 1751, the Veterans' Administration submitted a report to the committee under date of March 30, 1951 (Committee Print No. 80). The act of April 27, 1916 (39 Stat. 53), as amended (38 U. S. C. 391-394), established the Army and Navy Medal of Honor roll upon which is recorded on written application to the head of the military department concerned, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained or shall attain the age of 65 years, and who has been awarded the Medal of Honor for having in action involving an actual conflict with an enemy distinguished himself conspicuously by gallantry or intrepidity at the risk of his life above and beyond the call of duty, and who has been honorably discharged from service. Persons whose names are entered on the Army and Navy Medal of Honor roll are paid a special pension by the Veterans' Administration of $10 a month for life based upon certificates of entitlement by the military departments. The law provides that this special provision shall not deprive the special pensioner of any other pension to which he is otherwise entitled, but shall be in addition thereto. Both bills propose to repeal the act of April 27, 1916, and would establish in lieu thereof, in the Department of the Army, the Department of the Navy, and the Department of the Air Force, a roll designated as the "Armed Forces Medal of Honor Roll." The other provisions of H. R. 617 and H. R. 2869 are similar to the provisions of existing law except that these bills propose to increase to $250 monthly the special pension payable and would remove the present age requirement. With respect to the proposed increase in rate of the special pension, the legislative history of H. R. 4701, 64th Congress, which became the act of April 27, 1916, reveals that in debates on the floor of the House on that bill an amendment to increase the rate of the special pension to $18 monthly was rejected after a statement was made that any increased amount would appear to be a matter of paying pension instead of a matter of honor (53 Congressional Record, pt. 3, p. 2349). In this connection it is significant to note that H. R. 617 and H. R. 2869 would substantially increase the financial emoluments incident to the award of the Medal of Honor. It is the view of the Veterans' Administration, however, that the question of whether a special pension in the amount and under the conditions proposed by the bills should be afforded the specified holders of the Congressional Medal of Honor is primarily for determination by the Congress. According to the best information available approximately 315 persons awarded the Medal of Honor were living as of February 12, 1953. Assuming that all such persons are entitled and apply for the pension proposed by H. R. 617 and H. R. 2869 it is estimated that the first year's cost of either bill, if enacted, would approximate $945,000. Since the medal in question is awarded by the military departments and basic eligibility for the special pension proposed by the bills under consideration would be determined by such departments, it is suggested that your committee may desire to obtain the views of the Secretary of Defense with respect to these bills. The Bureau of the Budget has advised that for the reasons stated in this report and in view of the present stringent budgetary situation that office recommends against favorable consideration of this legislation by the committee. Sincerely yours, [No. 77] CARL L. GRAY, Jr., COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES Hon. EDITH NOURSE ROGERS, VETERANS' ADMINISTRATION, Washington 25, D. C., May 25, 1953. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MRS. ROGERS: This is in further reference to your request for a report on H. R. 1078, 83d Congress, a bill to provide that persons who served in the Women's Army Auxiliary Corps, under certain conditions, shall be deemed to have been in the active military service for the purposes of laws administered by the Veterans' Administration. The text of the bill is as follows: That any person who served for a period of ninety days, or more, in any capacity in the Women's Army Auxiliary Corps between May 14, 1942, and September 1, 1943, and who suffered from disease or injury due to that service and who was, on September 1, 1943, eligible to receive benefits of the Employees' Compensation Act because of that service, shall be deemed to have been in the active military service for the purposes of laws administered by the Veterans' Administration; Provided, That in no event shall payments authorized by this Act be made for any period prior to the passage of this Act: And provided further, That compensation or pension authorized hereunder shall not be payable concurrent with pay |