Hon. HARRY H. SCHWARTZ, WAR DEPARTMENT, Washington, June 9, 1942. Chairman, Committee on Pensions, United States Senate. DEAR SENATOR SCHWARTZ: The War Department will interpose no objection to the enactment of S. 1882, if it is so amended that the benefits therein conferred are restricted to men who, although technically not members of the armed forces, suffer injury or disease, not the result of misconduct, after starting under proper orders to a designated place for entry into the service, or after reporting at a designated place of rendezvous preliminary to proceeding to such place of entry into the service. The Department believes there is good reason to provide such pensions for men who may suffer injury or disease, not due to misconduct, prior to their final entrance in the armed forces if they are in such status at the time of incurring the injury or disease that they have lost the power to decide whether or not they will enter such forces. Such men should, for certain limited purposes, be treated as if actually members of the armed forces. On the other hand the Department is opposed to granting such pensions to persons who still possess the power of determining what course of action they shall follow. It is believed that the intent of the bill is not in conflict with the views expressed above. The Department refrains from specific recommendation as to amendments to the bill in view of the fact that the Veterans' Administration has the major interest in its exact provisions. However, the Department invites attention to the fact that the bill in its present form might not be construed to apply to persons suffering injury or disease subsequent to the date of its enactment. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, HENRY L. STIMSON, Hon. HARRY H. SCHWARTZ, NAVY DEPARTMENT, OFFICE OF THE SECRETARY, Chairman of the Committee on Pensions, United States Senate. MY DEAR MR. CHAIRMAN: The bill (S. 1882) granting persions to persons who suffered injury or disease prior to final induction in the Regular Army, Navy, or Coast Guard, and for other purposes, was referred to the Navy Department by your committee with request for report thereon. The purpose of the bill (S. 1882) is to extend the provisions of existing law, relative to pensions and other benefits payable to peacetime veterans and their dependents, to persons who suffered a disability from disease or injury between the time they were provisionally accepted for enlistment in, or reported for enrollment in or induction into, the Army, Navy, or Coast Guard, and the time they were finally accepted, enrolled, or inducted into such service. The provisions of the bill S. 1882 are not considered applicable to the naval service because enlistments in the Navy and Marine Corps, at least since 1931, have been direct and final. If the bill S. 1882 receives favorable consideration, it is recommended that it be amended to include the Marine Corps to provide equality of remedy if there be a case, such as contemplated by the bill, unknown to the Navy Department. An estimate of cost of the bill S. 1882 is not within the province of the Navy Department. The Navy Department interposes no objection to the enactment of the bill S. 1882. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this report. Sincerely yours, O JAMES FORRESTAL, Acting. CONFERRING TO CERTAIN PERSONS WHO SERVED IN A CIVILIAN CAPACITY UNDER THE JURISDICTION OF THE QUARTERMASTER GENERAL DURING THE WAR WITH SPAIN, THE PHILIPPINE INSURRECTION, OR THE CHINA RELIEF EXPEDITION THE BENEFITS OF HOSPITALIZATION AND THE PRIVILEGES OF THE SOLDIERS' HOMES APRIL 24, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. RANKIN, from the Committee on World War Veterans' Legislation, submitted the following REPORT [To accompany H. R. 735] The Committee on World War Veterans' Legislation, to whom was referred the bill (H. R. 735) to confer to certain persons who served in a civilian capacity under the jurisdiction of the Quartermaster General during the War with Spain, the Philippine Insurrection, or the China Relief Expedition the benefits of hospitalization and the privileges of the soldiers' homes, having considered the same, report favorably thereon with the recommendation that the bill be passed without amendment. The general purpose of the bill is to provide domiciliary care, medical and hospital treatment for those persons who served in a civilian capacity under the jurisdiction of the Quartermaster General during the War with Spain, the Philippine Insurrection, or the China Relief Expedition on vessels owned by the United States, who were engaged in the transportation of troops, supplies, ammunition or materials of war, and were discharged for disability incurred in such governmental service in line of duty, such care to be furnished in Veterans' Administration facilities in the same manner and to the same extent as now or hereafter provided for veterans of any war. The report of the Veterans' Administration, which contains a detailed explanation of the provisions of the bill, is as follows: Hon. JOHN E. RAIN, VETERANS' ADMINISTRATION, Chairman, Committee on World War Veterans' Legislation, MY DEAR MR. RANKIN: Further reference is made to your letter of January 18, 1943, requesting a report on H. R. 735, Seventy-eighth Congress, a bill to confer to certain persons who served in a civilian capacity under the jurisdiction of the H. Repts., 78-2, vol. 2-97 Quartermaster General during the War with Spain, the Philippine Insurrection, or the China Relief Expedition the benefits of hospitalization and the privileges of the soldiers' homes. The bill provides as follows: "That all persons who served in a civilian capacity under the jurisdiction of the Quartermaster General during the War with Spain, the Philippine Insurrection, or the China Relief Expedition on vessels owned by the United States and engaged in the transportation of troops, supplies, ammunition, or materials of war, and who were discharged for disability incurred in such governmental service in line of duty, are hereby granted entitlement to medical and hospital treatment and domiciliary care in Veterans' Administration facilities in the same manner and to the same extent as now or hereafter provided for veterans of any war." This bill is identical with H. R. 143, Seventy-seventh Congress, on which a report was furnished your committee under date of February 20, 1941, which passed the House of Representatives October 6, 1941, and on which a report was also furnished the chairman, Committee on Finance, United States Senate, on October 17, 1941. It is identical also with S. 463, Seventy-eighth Congress, on which a similar report is being forwarded to the chairman, Committee on Military Affairs, United States Senate. The bill also is similar in purpose to H. R. 6997, Seventy-first Congress, which passed both Houses of Congress and was vetoed by the President February 23, 1931 (H. Doc. No. 778), and to H. R. 4724, Seventysecond Congress, which passed both Houses and was vetoed by the President May 9, 1932 (H. Doc. No. 315). The general purpose of the bill is to provide domiciliary care, medical and hospital treatment for those persons who served in a civilian capacity under the jurisdiction of the Quartermaster General during the War with Spain, the Philippine Insurrection, or the China Relief Expedition on vessels owned by the United States, who were engaged in the transportation of troops, supplies, ammunition or materials of war, and were discharged for disability incurred in such governmental service in line of duty; such care to be furnished in Veterans' Administration facilities in the same manner and to the same extent as now or hereafter provided for veterans of any war. The service requirements and delimiting dates under which to determine whether there was required service during the War with Spain, the Philippine Insurrection, or the China Relief Expedition, are not specifically provided in the bill. It is assumed, however, that the criteria employed in the administration of section 6, title I of the act of March 20, 1933 (38 U. S. C. 706), would be for application, which would necessitate the use of the definition of war veteran employed in paragraph IV of Veterans Regulation No. 10 series, promulgated under the act of March 20, 1933, which reads as follows: "The term 'veteran of any war' shall include the following persons: World War-Any officer, enlisted man, member of the Army Nurse Corps (female) or Navy Nurse Corps (female) who was employed in the active military or naval service of the United States on or after April 6, 1917, and before November 12, 1918: provided, however if the person was serving with the United States military forces in Russia the dates herein shall be extended to April 1, 1920; SpanishAmerican War-Any officer or enlisted man who was employed in the active military or naval service of the United States on or after April 21, 1898, and before August 13, 1898, including those women who served as Army nurses under contracts on or after April 21, 1898, and before August 13, 1898, and including any person who served in the military or naval service of the United States between August 13, 1898, and July 4, 1902, both dates inclusive, and who left the continental United States under orders for military or naval service in Guam, Cuba, or Puerto Rico, between such dates: Provided, That for the purposes of hospitalization the term 'veteran of any war' shall include persons who served overseas as contract surgeons of the Army on or after April 21, 1898, and before August 13, 1898; Philippine Insurrection-Any officer or enlisted man employed in the active military or naval service of the United States, including those women who served as Army nurses under contracts, who actually participated in the Philippine Insurrection on or after August 13, 1898, and before July 5, 1902: Provided, however, if the person was serving in the United States military forces engaged in the hos tilities in the Moro Province, the ending date shall be July 15, 1903; Boxer Rebellion-Any officer or enlisted man, including those women who served as Army nurses under contracts, employed in actual participation in the Boxer Rebellion on or after June 20, 1900, and before May 13, 1901." Under the laws restored by Public, No. 269, Seventy-fourth Congress, August 13, 1935, the service requirements and delimiting war dates are more liberal than under the act of March 20, 1933, and the Veterans Regulations. In this connection it should be stated that under Public, No. 269, supra, pension rights were restored to certain veterans of the Spanish-American War, including the Philippine Insurrection and Boxer Rebellion, and a certain group of these veterans who were unable to meet the requirements of the definition of a war veteran as provided in Veterans Regulation No. 10 series for the purposes of hospitalization or domiciliary care and burial benefits were made eligible for such care and burial benefits by Public, No. 62, Seventy-sixth Congress, May 3, 1939, an act to provide domiciliary care, medical and hospital treatment, and burial benefits to certain veterans of the Spanish-American War, the Philippine Insurrection, and the Boxer Rebellion. The bill proposes to grant benefits of hospital treatment and domiciliary care to a very restricted group of civilian employees to the exclusion of many other civilian groups who served with the armed forces of the United States during the periods in question involving service performed both within the United States and outside the continental limits thereof. Bills have been introduced in the Congress from time to time for the purpose of granting benefits to civilian employees who served in the Spanish-American War, including the Philippine Insurrection and Boxer Rebellion, as well as during other wars in which the United States was engaged. As to the Spanish-American War, the Philippine Insurrection, and the Boxer Rebellion, there are included male nurses, Quartermaster Corps employees, assistant and contract surgeons, veterinarians and teamsters. In this connection reference is made to hearings before the Committee on Pensions, House of Representatives, Seventy-fifth Congress, third session, on H. R. 6498, January 21, 1938. Pages 28 to 31 of that hearing list a great number of bills by civilian groups for the various wars, which have been considered by the Congress. For the most part these various proposals pertaining to civilian employees had for their purpose the granting of service pension and in many instances would recognize the service as active service in the armed forces of the United States, which would place them on a parity with other war veterans. The general policy followed by the Congress has been to exclude these civilian groups from recognition, very few minor exceptions having been made. As to the Spanish-American War, acting assistant contract surgeons are pensionable when disabled by any wound or injury received or disease contracted in line of duty while actually performing the duties of an assistant surgeon or acting assistant surgeon with any military force in the field or in transit, or in a hospital under the provisions of section 4693, Revised Statutes of the United States (38 U. S. C. 152), commonly referred to as the general pension law. Such persons, if discharged for disability incurred in line of duty, or if in receipt of pension for service-connected disability, may receive the benefits of hospitalization or domiciliary care. Contract nurses who served under contract in the War with Spain, the Philippine Insurrection, or Boxer Rebellion between the beginning of the War with Spain and February 2, 1901, when the Nurse Corps (female) was declared by law a component part of the Army, were not entitled to pensions for service-connected disabilities under the general pension law, but the Veterans Regulations promulgated under Public, No 2, Seventy-third Congress, authorized pension benefits for service-connected disabilities for this group. The act of September 1, 1922, and subsequent liberalizing acts provided service pensions for such contract nurses. The contract nurses and contract surgeons are included within the definition of the term "veteran of any war" under Veterans Regulation No 10-series under Public, No 2, Seventy-third Congress, quoted above. The matter of including this particular group of civilian employees referred to in the bill for hospitalization and domiciliary care is one for the Congress primarily to determine. However, there is for consideration the general policy followed by the Congress and the thousands of civilian employees at present excluded who served with the armed forces of the United States during not only the SpanishAmerican War, including the Philippine Insurrection and the Boxer Rebellion, but during the other wars, many of whom performed overseas service. Considering the present eligibles under existing laws and the existing facilities of the Veterans' Administration, it is suggested that the Congress should consider carefully the advisability of enlarging the group of eligibles and particularly extension of recognition to civilian groups on a parity with those who served in the active service in the armed forces of the United States. Contact with the service departments indicates the impracticability of furnishing an estimate of the possible cost of the proposed measure. In view of the limitations in the bill that the person must have served on a vessel under the jurisdiction of the Quartermaster General and must have been discharged for disability incurred in line of duty, it is probable that the new group of eligibles would not be large, but as heretofore stated, the question is essentially one of principle and regardless of the size of the group involved, the enactment of the proposed legislation would appear to constitute a precedent and serve as a foundation for the approval of the demands of large civilian groups involving thousands of former employees for whom bills have been introduced in the Congress from time to time. In view of the foregoing, favorable consideration of the proposed measure by your committee is not recommended. Advice has been received from the Bureau of the Budget that there would be no objection by that office to the submission of this report to your committee. Very truly yours, FRANK T. HINES, Administrator. |