The bill is similar to H. R. 3998, 81st Congress, and H. R. 5747, 80th Congress, with respect to which the Veterans' Administration submitted reports to your committee under dates of July 20, 1949 (Committee Print No. 127), and June 16, 1948 (Committee Print No. 346), respectively. Both bills were pending before the committee at the close of the respective Congresses. At the present time, the persons comprehended by the bill are eligible for benefits which are prescribed by laws administered by the Veterans' Administration for former members of the Regular Establishment, provided they were at the time of service members of the regularly constituted military forces of the United States and had served the requisite period of time and fulfilled the other eligibility requirements. Present benefits include compensation at peacetime rates for disability resulting from personal injury or disease contracted in line of duty, or for aggravation of a preexisting injury or disease contracted or suffered in line of duty and not the result of the person's own misconduct. Compensation at peacetime rates is also payable to dependents on account of the death of such veterans from serviceconnected causes. Compensation is payable at wartime rates for disability incurred in line of duty as a result of armed conflict or extrahazardous service, including such service under conditions. simulating war, and for death from such disability. Veterans entitled to compensation at wartime or peacetime rates are entitled to additional compensation for dependents if their service-connected disability is rated at not less than 50 percent. Those veterans who participated in the action involving the Ute Indians and who were discharged for disability incurred in line of duty, or who are in receipt of compensation for service-connected disability are also entitled, on the basis of such disability, to other benefits such as hospital treatment or domiciliary care, including medical treatment by the Veterans' Administration, such prosthetic appliances or aids for the blind as the Administrator of Veterans' Affairs may determine to be necessary, burial allowances, and a burial flag. Financial assistance is afforded certain veterans in acquiring specially adapted housing which they require on account of permanent and total serviceconnected disability due to certain conditions. The most significant new benefit which would be extended to this group of veterans would be a pensionable status on the basis of attained age or non-service-connected disability. In addition, death pension benefits would be extended to the dependents of these veterans. At the present time legislation pertaining to Indian war service pensions is limited in application to certain campaigns from January 1, 1817, to December 31, 1898. The current rates of pension provided for Indian-war veterans and their dependents, and which would be authorized for persons within the purview of the bill, are as follows: Veterans: 10 or more disability or age 62 or over. Helpless or blind, requiring regular aid and attendance... Dependents: $96. 75 129.00 38. 70 51. 60 64. 50 7.74 46. 44 7.74 In addition, H. R. 5828, if enacted into law, would extend to this group of veterans and their dependents the following additional privileges, rights and benefits presently being furnished to veterans of the Indian wars and their dependents: (a) Hospitalization or domiciliary care for any such veteran discharged under conditions other than dishonorable, within the limitations of existing Veterans' Administration facilities, irrespective of whether the disability or disease was due to service, provided the veteran is unable to defray the necessary expenses thereof. (b) In the event of death after discharge, provision is made for the payment of the burial and funeral expenses of the veteran, provided he was discharged under conditions other than dishonorable, not to exceed $150. In addition, a burial flag is furnished to drape the casket of such veteran. (c) Wartime rates for service-connected disability or death incurred under conditions other than those stated earlier in the report. Under laws administered by the Veterans' Administration, the particular action involving the Ute Indians in 1906 is not recognized as a war, occupation, or expedition. Under section 202 (10), World War Veterans' Act, 1924 (43 Stat. 620), and continuing until repeal of that provision by the act of March 20, 1933 (48 Stat. 8), in addition to persons who served in any war, persons who served in any military occupation or military expedition were eligible, under certain conditions, for hospitalization for non-service-connected disabilities. Certifications from the War Department of wars, military occupations, and military expeditions did not include the affair involving the Ute Indians in 1906. A certain amount of background material relative thereto will be found in the report of the hearings conducted before the Committee on Invalid Pensions of the House of Representatives during the 3d session of the 76th Congress on H. R. 1006 and numerous other bills proposing benefits for Indian war veterans and their dependents. Pages 1 to 18 of the printed copy of such hearings reproduce various news and other accounts dealing with the activities of the Ute Indians in the year 1906. In the event that further details of the action involving the Ute Indians in 1906 are desired, it is suggested that the committee may secure a report from the Department of the Army with respect to this matter. In keeping with the policy of the Congress to recognize a primary responsibility to veterans having service-connected disabilities and their dependents, veterans of the action involving the Ute Indians in 1906, and their dependents, are presently entitled to compensation for service-connected disability or death, and at wartime rates under conditions mentioned earlier in this report. It has been the longestablished general policy of the Congress, however, to restrict service pension to veterans of wars and dependents of war veterans. H. R. 5828 would deviate from such policy, since the service in question was not performed during a period of war. The enactment of the bill would confer special benefits to a particular group of peacetime veterans, to the exclusion of other peacetime veterans, including those who served in recognized campaigns, expeditions, and occupations. A list of such campaigns, expeditions, and occupations is set forth on pages 33 to 72 of the hearings on H. R. 1653 and H. R. 2073, 79th Congress, before the House Committee on Invalid Pensions. Enactment of the proposed legislation would undoubtedly serve as a precedent for requests for similar legislation on behalf of veterans of the military forces of the United States whose only service was rendered in other than a war period, including those who served in recognized campaigns, expeditions, or occupations. It is believed, therefore, that the committee will desire to give careful consideration to the far-reaching effects of the proposed legislation. Due to the lack of necessary data, the Veterans' Administration is unable to estimate the cost of H. R. 5828, if enacted. The Bureau of the Budget recommends against the favorable consideration of this legislation by the committee. Sincerely yours, H. V. STIRLING, Acting Administrator. [No. 136] COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES Hon. EDITH NOURSE ROGERS, VETERANS' ADMINISTRATION, Washington 25, D. C., July 21, 1953. 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. 2140, 83d Congress, a bill to provide special pensions for certain persons awarded medals for extraordinary heroism while serving with Armed Forces of the United States of America, and for their widows in certain cases. The purposes of the bill are (a) to increase the rate and liberalize the requirements for payment of the special pension to certain holders of the Medal of Honor; (b) to extend such increased and liberalized benefit to certain holders of the Distinguished Service Cross or Navy Cross, and (c) to authorize payment of such pension to certain unremarried widows of the recipients of these medals. 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 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. The bill proposes to amend the act of April 27, 1916, by redesignating "the Army and Navy medal of honor roll" as "the Army, Navy, and Air Force medal roll" and authorizing the Secretary of the proper military department to place on this roll the name of any person who has served in the military or naval service of the United States, has attained or shall attain the age of 50 years, has been awarded the Medal of Honor, Distinguished Service Cross, or Navy Cross for one or more individual acts of extraordinary heroism while in the service, and has been honorably separated from such service. The Administrator of Veterans Affairs, pursuant to certification by the Secretary of the military department concerned, would pay to each such person a special pension of $50 per month for life. Upon the death of such person, the special monthly pension would be payable to his unremarried widow from the date of application therefor, but in no event prior to her 50th birthday. It may be noted with respect to the proposed effective date of award that under laws administered by the Veterans' Administration death compensation or pension is payable from the day following date of death of a veteran if application is filed within 1 year from death, otherwise from date of application. According to Senate Report No. 240 on H. R. 4701, 64th Congress, which bill became the act of April 27, 1916, the provision for an award of $10 monthly to holders of a Medal of Honor who had attained the age of 65 years, "recognizes and rewards in a modest way startling deeds of individual daring and audacious heroism in the face of mortal danger when war is on, deeds that give soul to an army and character to a country." The policy of the measure as stated in the Senate report is "to signalize appreciation of that gallant, intrepid, indomitable spirit in war that becomes the best bond to long-continued future peace.' It is noted in this connection that the proposed legislation does not limit the special award to wartime cases. Furthermore, the above-mentioned requirement of attained age 65 years would be reduced to age 50 years. In debates on the floor of the House on H. R. 4701, 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 paying pension instead of a matter of honor (53 Congressional Record, pt. III, p. 2349). In this connection it is significant to note that H. R. 2140 would extensively increase the financial emoluments incident to the award of the Medal of Honor as well as establish a new pension of five times the amount now payable in Medal of Honor cases to be paid to those awarded the Distinguished Service Cross or the Navy Cross. There is no authority under existing law to pay pension to the widow of any veteran who has been awarded the Medal of Honor, Distinguished Service Cross, or Navy Cross, based solely on the fact that her husband was a holder of any such decoration. Widows of veterans awarded these decorations, of course, are entitled under existing law to compensation for service-connected death and pension for non-service-connected death on the same basis as widows of veterans who were not awarded such decoration. H. R. 2140 would authorize, upon the death of a veteran entitled to the special pension provided by the bill, the payment of the pension for life to his unre married widow 50 years of age or over. These payments would be in addition to any death compensation or pension to which a widow might be entitled under other laws. 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. Whether the special pension authorized by the act of April 27, 1916, as amended, should be liberalized and extended as proposed by H. R. 2140 is a question primarily for determination by the Congress. It is believed, however, that the committee may wish to consider whether enactment of such legislation would serve as a precedent for requests for comparable benefits by holders of medals and their dependents not within the purview of the bill. Information received from the Department of Defense shows the following number and service classification of Medals of Honor, Distinguished Service Crosses, and Navy Crosses awarded as of February 26, 1953: Congressional Medal of Honor_ Distinguished Service Cross__ Total___ 3, 121 11, 480 1 5, 295 19, 896 1 Incomplete, no available figures on the number of such medals awarded by the Navy during the period between World Wars I and II. There is no available data as to how many of the recipients are living or their ages. Neither is there available information as to the number of unremarried widows of deceased recipients, or the ages of any such widows. Because of the unavailability of essential information it is not possible to submit an estimate of the cost of the bill, if enacted. Since the medals in question are awarded by the military departments and basic eligibility for the special pension proposed by H. R. 2140 would be determined by such departments, it is suggested your committee may desire to obtain the views of the Secretary of Defense with respect to the bill. Advice has been received from the Bureau of the Budget that for the reasons stated in the report and in view of the present stringent budgetary situation, it recommends against favorable consideration of this legislation by the committee. Sincerely yours, H. V. STIRLING, Acting Administrator. 45583-54- -6 |