Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the aforementioned act, in accordance with the regulations promulgated by the National Archives Council under the provisions of said act. Respectfully submitted to the Senate and House of Representatives. A. J. ELLIOTT, Chairman, B. W. GEARHART, Members on the part of the House. ALBEN W. BARKLEY, OWEN BREWSTER, Members on the part of the Senate. О MARCH 21, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. LESINSKI, from the Committee on Invalid Pensions, submitted the following REPORT [To accompany S. 662] The Committee on Invalid Pensions, to whom was referred the bill (S. 662) to authorize pensions for certain physically or mentally helpless children, and for other purposes, having considered the same, submit the following report thereon, with the recommendation that the bill do pass. PURPOSE OF THIS LEGISLATION The purpose of the bill is to remove an inequality in existing law for the benefit of a very small number of helpless children of veterans of the Civil War, the Indian Wars, the Spanish-American War, including the Philippine Insurrection and the Boxer Rebellion, and the Regular Establishment, where service was prior to April 21, 1898. PENSION LAWS APPLICABLE TO CHILDREN BASED ON SERVICE PRIOR TO AND INCLUDING THE SPANISH-AMERICAN WAR Under the general and service pension laws pertaining to service prior to April 21, 1898, and the general and service pension laws, as reenacted by Public Law No. 269, Seventy-fourth Congress, approved August 13, 1935, as amended, pension to or for a child terminates when the child attains the age of 16 years. The law provides, however, that the payment of pension may be continued after the age of 16 years to or for a child who was pensioned or entitled to pension in its own right or with the mother if such child was insane, idiotic, or otherwise physically or mentally helpless at the date of attaining the age of 16 years. Payments of pension continue during the period of helplessness. To meet the foregoing requirements, the child must be under the age of 16 years at the time of the veteran's death. As a result, a helpless child who happened to be pensioned prior to attaining the age of 16 years could have the pension continued thereafter during the period of helplessness, whereas a child who was over 16 years of age when the veteran died or who failed to file claim prior to attaining the age of 16 years is denied a pension. There is no justification for this discrimination as between helpless children under and those over the age of 16 years at the time of the veteran's death, where the helpless condition existed prior to the date the child attained the age of 16 years. Legislation is required because of the long standing interpretation under the pension laws. The bill will include this small group with others eligible under the basic laws referred to. PENSION LAWS APPLICABLE TO CHILDREN BASED ON SERVICE Under the World War Veterans' Act, 1924, as amended, and the Veterans Regulations issued under Public Law No. 2, Seventy-third Congress, approved March 20, 1933, as amended, the age of the child at the time of the veteran's death is immaterial and compensation or pension is payable to or for a child who became helpless prior to attaining the age of 18 years regardless of the age of the child at the time of death of the veteran or date of filing claim. The act of July 13, 1943 (Public Law No. 144, 78th Cong.), removed this inequality as to children of deceased veterans of the SpanishAmerican War, Philippine Insurrection, or Boxer Rebellion by applying the administrative, definitive, and regulatory provisions of Public Law No. 2, Seventy-third Congress, and Veterans Regulations, as amended, to benefits under the general and service pension laws as reenacted by Public Law. No. 269, Seventy-fourth Congress, but the rates payable, where the child or children have entitlement established under the service pension laws, as reenacted, solely as a result of the definition of the term "child" in the Veterans Regulations, as amended, are those provided under Public Law No. 484, Seventythird Congress, approved June 28, 1934, as amended. SCOPE OF THIS LEGISLATION as The bill would authorize the payment of pension to or for a child who was physically or mentally helpless prior to attaining the age of 16 years and at date of filing claim regardless of the age of the child at the time of the death of the veteran if the claimant is otherwise entitled thereto under the general or service pension laws pertaining to service prior to April 21, 1898, or the general or service pension laws as reenacted by Public Law No. 269, Seventy-fourth Congress, amended, at the rates payable under such laws. It would authorize the rate payable under the Spanish-American War service pension laws, as reenacted, to or for a child of a deceased veteran of the Spanish-American War, Philippine Insurrection or Boxer Rebellion who meets the requirements of the bill-where the rates provided under Public Law No. 484, Seventy-third Congress, as amended, are now being paid solely by reason of the fact that the child was over the age of 16 years at the time of the veteran's death. Thus, uniform rates 3 would be provided for all helpless children who meet the requirements of the bill. The bill also provides for discontinuance of payments as of the date preceding the marriage of the helpless child and that when pension is properly discontinued by reason of marriage, it shall not thereafter be recommenced. This provision is similar to existing law applicable to helpless children of the World War and the Global War veterans. ELIMINATION OF PRIVATE BILLS FOR HELPLESS CHILDREN Private bills introduced in behalf of helpless children who have been denied pension under existing law because they were over 16 years of age at the time of death of the veteran are being vetoed on the principle that preferential treatment would be given to a few over others whose claims are equally meritorious. This bill, S. 662, would cover claimants for whom private bills have been introduced and similar cases. COST OF THIS LEGISLATION The Veterans' Administration has advised that there are no records on which an estimate of cost of the proposed legislation can be based. However, it is believed that not many cases would be affected, hence the cost would be small. REPORTS OF THE ADMINISTRATOR OF VETERANS' AFFAIRS The following are favorable reports from Brig. Gen. Frank T. Hines, Administrator of Veterans' Affairs, relative to this bill: The first report, dated April 12, 1943, was furnished the Committee on Pensions of the United States Senate, and the second is a supplemental report, dated March 16, 1944, which was furnished your committee, and to which was attached a résumé of the rates payable under the general and service pension laws pertaining to service prior to April 21, 1898, and the general and service pension laws as reenacted by Public Law No. 269, Seventy-fourth Congress, approved August 13, 1935, as amended, and under Public Law No. 484, Seventy-third Congress, approved June 28, 1934, as amended. The report is as follows: Hon. THEODORE G. BILBO, Chairman, Committee on Pensions, VETERANS' ADMINISTRATION, United States Senate, Washington, D. C. MY DEAR SENATOR BILBO: Further reference is made to your letter dated February 9, 1943, requesting a report on S. 662, Seventy-eighth Congress, a bill to authorize pensions for certain physically or mentally helpless children, and for other purposes. The bill provides as follows: "That hereafter pension under the general and service pension laws pertaining to service prior to April 21, 1898, and under the laws reenacted by Public Law Numbered 269, Seventy-fourth Congress, August 13, 1935, shall be allowed to or for any person otherwise entitled as a physically or mentally helpless child regardless of his or her age at the time of death of the veteran or date of filing claim: Provided, That such person was insane, idiotic, or otherwise physically or mentally helpless at the date of attaining the age of sixteen years and the helpless condition exists at the date of filing claim. Payments of pension shall continue during the under the age of 16 years at the time of the veteran's death. As a result, a helpless child who happened to be pensioned prior to attaining the age of 16 years could have the pension continued thereafter during the period of helplessness, whereas a child who was over 16 years of age when the veteran died or who failed to file claim prior to attaining the age of 16 years is denied a pension. There is no justification for this discrimination as between helpless children under and those over the age of 16 years at the time of the veteran's death, where the helpless condition existed prior to the date the child attained the age of 16 years. Legislation is required because of the long standing interpretation under the pension laws. The bill will include this small group with others eligible under the basic laws referred to. PENSION LAWS APPLICABLE TO CHILDREN BASED ON SERVICE Under the World War Veterans' Act, 1924, as amended, and the Veterans Regulations issued under Public Law No. 2, Seventy-third Congress, approved March 20, 1933, as amended, the age of the child at the time of the veteran's death is immaterial and compensation or pension is payable to or for a child who became helpless prior to attaining the age of 18 years regardless of the age of the child at the time of death of the veteran or date of filing claim. The act of July 13, 1943 (Public Law No. 144, 78th Cong.), removed this inequality as to children of deceased veterans of the SpanishAmerican War, Philippine Insurrection, or Boxer Rebellion by applying the administrative, definitive, and regulatory provisions of Public Law No. 2, Seventy-third Congress, and Veterans Regulations, as amended, to benefits under the general and service pension laws as reenacted by Public Law. No. 269, Seventy-fourth Congress, but the rates payable, where the child or children have entitlement established under the service pension laws, as reenacted, solely as a result of the definition of the term "child" in the Veterans Regulations, as amended, are those provided under Public Law No. 484, Seventythird Congress, approved June 28, 1934, as amended. SCOPE OF THIS LEGISLATION The bill would authorize the payment of pension to or for a child who was physically or mentally helpless prior to attaining the age of 16 years and at date of filing claim regardless of the age of the child at the time of the death of the veteran if the claimant is otherwise entitled thereto under the general or service pension laws pertaining to service prior to April 21, 1898, or the general or service pension laws as reenacted by Public Law No. 269, Seventy-fourth Congress, as amended, at the rates payable under such laws. It would authorize the rate payable under the Spanish-American War service pension laws, as reenacted, to or for a child of a deceased veteran of the Spanish-American War, Philippine Insurrection or Boxer Rebellion who meets the requirements of the bill-where the rates provided under Public Law No. 484, Seventy-third Congress, as amended, are now being paid solely by reason of the fact that the child was over the age of 16 years at the time of the veteran's death. Thus, uniform rates |