75TH CONGRESS 3d Session } HOUSE OF REPRESENTATIVES { REPORT No. 1757 GRANTING A PENSION TO WIDOWS AND DEPENDENT CHILDREN OF WORLD WAR VETERANS FEBRUARY 2, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. GASQUE, from the Committee on Pensions, submitted the following REPORT [To accompany H. R. 9285] The Committee on Pensions, to whom were referred the bills (H. R. 9285, 8690, 1615, 1693) proposing to give pensions to widows and orphans of World War veterans, after careful consideration of the bills, and having heard the Members who introduced the bills, representatives from the Veterans' Administration and from the Veterans of Foreign Wars of the United States and its ladies, and others, respectfully report the bill with a unaminous report of the committee and with the recommendation that the bill H. R. 9285 do pass without amendment. The purpose of this bill is to grant service pensions to World War widows and children at the rate of $22 per month for each widow, with $6 per month additional for each child under 16 years of age. In initiating service pensions for World War widows and orphans the committee believes that such legislation should be as clear and simple as possible so as to be easily understood by all. Under the provisions of this bill it is only necessary for the widow or child to show (1) that the veteran had 90 days' service and an honorable discharge or less than 90 days' service if discharged for disability contracted in service in line of duty; (2) that the veteran served between April 6, 1917, and July 2, 1921, provided he served on or before November 11, 1918; and (3) that the widow was married to the veteran prior to July 3, 1931, or, if married after that date, had a child born as the result of such marriage. (This is the requirement under existing law.) This bill provides pension for children under 16 years of age, but will permit the payment of pension to continue indefinitely to any child who has become permanently incapable of self-support, by reason of mental or physical defect. It also provides that the payment of pension to a child will continue until it has reached the age of 21, if it is attending a school or college in any accredited institution. The definition of a child provided under existing law for World War veteran orphans is perpetuated in this act, with the exception that the limiting age is 16 years, instead of 18 years, the same as provided for orphans of Spanish War veterans. The bill does not grant pensions to remarried widows. However, there is a provision to the effect that if there be no widow entitled to pension, the minor child or children shall be entitled to the pension provided for a widow. In the event of the death, or remarriage, of the widow, the child would be entitled to the pension of $22 per month provided for the widow, in addition to its own pension of $6 per month. In the event of the death, or remarriage, of the widow, the pension would continue to the minor child from the date of death or remarriage of the widow. It will not be necessary, under the terms of this bill, for the widow or child to prove that the veteran died as a result of a disease or disability contracted in service in line of duty, nor will it be necessary for the widow or child to prove that the veteran had any serviceconnected disability which is a basis of entitlement as to World War widows and children under existing law. The committee believes that prior precedents firmly established by Congress for the widows and children of prior wars, namely the Civil War, Indian War, and Spanish War, were sound and that as a matter of equity these precedents and policies should be perpetuated as to the widows and children of the World War. The committee is of the further opinion that it is not possible for the thousands of widows and orphans, at this late date, to establish the fact that the veteran received a service-connected disability, and, inasmuch as Congress has always eliminated this requirement for the widows of prior wars, after a period of about 20 years had elapsed, it is only just and equitable to apply this same policy to the widows and orphans of the World War, as provided in this bill. World War veterans have shifted their places of residence very materially since their original enlistment in 1917-18, concentrating much more in certain counties, cities, and States than in others, so that they and their families constitute a much higher percentage of the population in some communities and States than in others. The burden of caring for the surviving dependents of deceased World War veterans is therefore proportionately much greater in many communities and States than in others. Most States are not in financial condition to extend such needed protection to the widows and orphans of the World War veterans who have passed on to their great reward. This bill will shift this burden from overburdened local communities and States to the Federal Government, which, by all previous precedents, should immediately accept such responsibility as a part of the cost of the aftermath of war. It is estimated that approximately 94,000 new cases would go on the rolls under the provisions of this act during the first year after its enactment at an additional cost of approximately $36,000,000. The report of the Veterans' Administration on H. R. 8690 is incorporated in this report. The committee amended H. R. 8690, however, and introduced a clean bill, which is now H. R. 9285. This report does not, therefore, cover the amendments made by the committee. These amendments to H. R. 8690, however, will show a savings of at least 25 percent annually on the bill as originally introduced and will show a material savings on the cost of the bill. The report from the Veterans' Administration on H. R. 8690, before the bill was amended, is as follows: Hon. ALLARD H. GASQUE, VETERANS' ADMINISTRATION, House of Representatives, Washington, D. C. MY DEAR MR. GASQUE: Further reference is made to your request of December 14, 1937, for a report on H. R. 8690, Seventy-fifth Congress, a bill granting a pension to widows and dependent children of World War veterans. The general purpose of the bill is to grant a monthly pension of $30 a month, with $6 additional for each child, to the widow of a World War veteran as described in the bill, on account of non-service-connected death, the widow having married the veteran prior to July 3, 1931; and in the absence of a widow or if she be not entitled to pension, to pay the widow's and child's or children's rate to the child or children of such veteran. Section 1 of the bill generally follows the language of section 2 of the Service Pension Act of May 1, 1926 (38 U. S. C. 364a), granting pensions to widows and children of veterans of the Spanish-American War, Philippine Insurrection, and Boxer Rebellion, and the pension rates are the same. The principal differences between the bill and the Service Pension Act of 1926 are that the bill makes no provision for payment of pension to remarried widows, eliminates reference to forfeiture of the widow's title to pension; the age at which a minor child's pension terminates is 18 whereas in the act of 1926 it is 16, and the delimiting marriage date is July 3, 1931, whereas that for Spanish-American War widows is September 1, 1922. Since laws and regulations already exist covering benefits based upon service in the World War, it would seem desirable to incorporate proposed legislation relative to the World War group within the purview of these laws or regulations rather than to provide new standards of entitlement which might create inequalities within the group and would undoubtedly require numerous administrative determinations. Accordingly, if further consideration is to be given to the bill, it is suggested that the addition of a new paragraph to Veterans' Regulation No. 1 (a), as amended, part III, similar to paragraph III thereof, which prescribes rates of pensions to widows and children of deceased veterans of the SpanishAmerican War on account of non-service-connected death, would be a more simple, equitable, and direct method of accomplishing the purpose of the bill. Notwithstanding this suggestion, the following comments are offered relative to the bill as drawn: Section 4 of Public, No. 304, Seventy-fifth Congress, approved August 16, 1937, provides: "That on and after the date of enactment of this Act, for the purpose of payment of compensation under the laws administered by the Veterans' Administration, the term 'widow of a World War veteran' shall mean a woman "(a) (1) Who was married to the person who served prior to or during the period of service on which the claim is based; or (2) who was married to the person who served prior to July 3, 1931; or (3) who was married to the person who served at any time, provided a child was born of such marriage. "(b) No compensation shall be paid to a widow unless there was continuous cohabitation with the person who served from the date of marriage to date of death, except where there was a separation which was due to the misconduct of or procured by the person who served, without the fault of the widow. (c) All marriages shall be proven as valid marriages according to the law of the place where the parties resided at the time of marriage, or of the law of the place where the ceremony was performed at the time thereof, or the law of the place where the parties resided when the right to pension hereunder accrued. "(d) Compensation shall not be allowed a widow who has remarried either once or more than once, and where compensation is properly discontinued by reason of remarriage it shall not thereafter be recommenced." The single requirement of the bill that the marriage shall have been entered into prior to July 3, 1931, would disturb the definition of World War widow as above quoted. The service requirements as contained in the bill are (a) 90 days' service between April 6, 1917, and November 11, 1918, or if there was service in Russia between April 6, 1917, and April 1, 1920, or (b) if less than 90 days, discharge from or death in service of a disability incurred in line of duty. If death was incurred in line of duty as provided in the bill, the widow would have title to death compensation for service-connected death under Veterans' Regulation No. 1 (a), as amended, part I, or under section 28, title III, Public, No. 141, Seventythird Congress, as amended by section 3, Public, No. 304, Seventy-fifth Congress. Under these authorities the rates for widows are generally higher than those proposed by the bill. As to children only, the rates of the bill would be higher. With regard to the requirement of 90 days' service between the dates specified in the preceding paragraph, it should be noted that such a standard would represent a new criterion for the determination of World War service for pension purposes. Under part III of Veterans' Regulation No. 1(a), as modified by Public, No. 344, Seventy-fourth Congress, August 25, 1936, the World War is deemed to have ended November 11, 1918, or April 1, 1920, as to those persons who served with the United States military forces in Russia. However, service performed after the termination date and before July 2, 1921, but entered into during the aforementioned period is World War service and is available in computing the requisite 90 days' service for disability pension under the regulation. By virtue of section 5, Public, No. 304, Seventy-fifth Congress, except as to emergency officers' retirement pay, reenlistment in the military or naval service on or after November 12, 1918, and before July 2, 1921, where there was prior service between April 6, 1917, and November 11, 1918, is considered World War service under laws providing benefits for World War veterans and their dependents. The language occurring on lines 7-9, page 1 of the bill, "service to be computed from date of entrance into service to date of discharge," may be considered to be inconsistent with the requirement that 90 days' service be performed within the dates heretofore specified. If further consideration is to be given the measure it is suggested that the quoted language be omitted in order to clarify the intention to require 90 days' service within a period of World War hostility. The proviso on page 2, lines 14-17, authorizing continuation of payment to a child physically or mentally helpless because of being insane or idiotic during the lifetime of the child or during the period of disability would be susceptible of the interpretation placed upon similar language (with the exception that the maximum pensionable age for child other than a helpless child is 16 rather than 18 years) found in section 3 of the act of June 27, 1890 (26 Stat. 182; 38 U. S. C. 281), which requires that the child shall have been on the pension rolls and helpless prior to having attained the age of 16 years. Children of World War veterans entitled to compensation under existing laws and regulations, if attending school or college in an accredited institution, are entitled to continuation of payments beyond the age of 18 during the period of such schooling until 21 years of age. Discontinuance of payments at the age of 18, as proposed by the bill, would create a discrepancy within the World War group. Section 2 of the bill defines the term "child" as a legitimate child under the age of 18, with a provision that children born before the marriage of their parents, if acknowledged by the father before or after the marriage, shall be deemed legitimate. Section 3 (c), Public, No. 484, Seventy-third Congress, as amended (38 U. S. C. 505), which law provides compensation on account of the non-service-connected death of World War veterans, defines the term "child" for the purposes of that act as follows: "The term 'child' shall mean a person unmarried and under the age of eighteen years, unless prior to reaching the age of eighteen the child becomes or has become permanently incapable of self-support by reason of mental or physical defect, who is a legitimate child, a child legally adopted, a stepchild if a member of the man's household, an illegitimate child, but, as to the father only, if acknowledged in writing signed by him or if he has been judicially ordered or decreed to contribute to such child's support, or has been judicially decreed to be the putative father of such child: Provided, That the payment of compensation shall be continued after the age of eighteen years and until completon of education or training (but not after such child reaches the age of twenty-one years), to any child who is or may hereafter be pursuing a course of instruction at a school, college, academy, seminary, technical institute, or university, particularly designated by him and |