76TH CONGRESS 3d Session

SENATE

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REPORT No. 1541

AMENDING THE SERVICE PENSION ACTS-WAR WITH SPAIN, PHILIPPINE INSURRECTION, AND THE CHINA RELIEF EXPEDITION

APRIL 26 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. MINTON, from the Committee on Pensions, submitted the following

REPORT

[To accompany H. R. 7147]

The Committee on Pensions, to whom was referred the bill (H. R. 7147) to amend the service-pension acts pertaining to the War with Spain, Philippine Insurrection, and the China Relief Expedition to include certain continuous service, having considered the same, report favorably thereon with the recommendation that the bill do pass.

Title to service pension under existing law, except under the act of June 5, 1920, is conditioned upon 70 or 90 days' service during the period of any one of the wars named in this bill. It is the object of this bill to include service rendered during the period of more than one of these wars, for the purpose of making up the requisite number of days' service, in cases where there was continuous active service entered into during the period of one war which extended into the period of one of the other wars named in the bill.

The purpose of this bill is more fully explained in the report of the Veterans' Administration included in the House report. The House report is as follows:

[H. Rept. No. 1559, 76th Cong., 3d sess.]

The Committee on Pensions, to whom was referred the bill (H. R. 7147) to amend the service pension acts, pertaining to the War with Spain, Philippine Insurrection, and the China Relief Expedition, to include certain continuous service, having considered the same, respectfully report the bill with amendments, with the recommendation that the amendments be agreed to and the bill as amended be passed.

SUPPORT OF THE BILL

This legislation has the favorable support from the Administrator of Veterans' Affairs, including the Bureau of the Budget, United Spanish War Veterans, and the Veterans of Foreign Wars.

The committee amendments to the bill are as follows:

On page 1, line 10, strike out the word "and" and insert the word “or”.

On page 2, line 5, after the period insert:

"Payments of benefits under the provisions of this Act shall be effective the date of enactment thereof as to those persons on the rolls and as to claims pending on the date of enactment of this Act. In all other cases awards of pension authorized hereunder shall be effective from date of application therefor after the date of enactment of this Act."

The bill, as amended, will read as follows:

"That in determining the period of active service for the purpose of the Act of May 1, 1926 (Public Law Numbered 166, Sixty-ninth Congress), the Act of June 2, 1930 (Public Law Numbered 299, Seventy-first Congress), and the Act of May 24, 1938 (Public Law Numbered 541, Seventy-fifth Congress), granting service pensions to veterans and dependents of deceased veterans of the War with Spain, the Philippine Insurrection, or the China Relief Expedition, continuous active service entered into during the War with Spain, the Philippine Insurrection, or the China Relief Expedition shall be included although part of such continuous service extended into either the Philippine Insurrection or the China Relief Expedition. Payments of benefits under the provisions of this Act shall be effective the date of enactment thereof as to those persons on the rolls and as to claims pending on the date of enactment of this Act. In all other cases awards of pension authorized hereunder shall be effective from date of application therefor after the date of enactment of this Act."

The favorable report from the Administrator of Veterans' Affairs fully explains the intent and purpose of this bill. The report is as follows:

Hon. MARTIN F. SMITH,

Chairman, Committee on Pensions,

VETERANS' ADMINISTRATION,
Washington, January 17, 1940.

House of Representatives, Washington, D. C.

MY DEAR MR. SMITH: This is in further response to your request of July 13, 1939, for a report on H. R. 7147, Seventy-sixth Congress, a bill to amend the service pension acts pertaining to the War with Spain, Philippine Insurrection, and the China Relief Expedition to include certain continuous service.

The bill provides as follows:

"That in determining the period of active service for the purpose of the Act of May 1, 1926 (Public Law Numbered 166, Sixty-ninth Congress), the Act of June 2, 1930 (Public Law Numbered 299, Seventy-first Congress), and the Act of May 24, 1938 (Public Law Numbered 541, Seventy-fifth Congress), granting service pensions to veterans and dependents of deceased veterans of the War with Spain, the Philippine Insurrection, and the China Relief Expedition, continuous active service entered into during the War with Spain, the Philippine Insurrection, or the China Relief Expedition shall be included although part of such continuous service extended into either the Philippine Insurrection or the China Relief Expedition.'

The act of June 5, 1920, allowing service pensions to those persons who had served during the War with Spain, the Philippine Insurrection, or the China Relief Expedition, provided, in part:

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"That all persons who served ninety days or more in the military or naval service of the United States during the War with Spain, the Philippine Insurrec tion, and the China Relief Expedition, * *shall, upon making due proof of the fact, * * * be placed upon the list of invalid pensioners of the United States, [Italics supplied.]

* * *

The Department of the Interior, which then had jurisdiction of the administration of laws granting pension, construed the foregoing act as permitting the combination of service rendered in any one of the three campaigns, so that although the veteran was not shown to have had the requisite period of service (90 days) in any one of the three campaigns, if there was service during the period April 21, 1898, to July 4, 1902, 90 days or more, by a combination of more than one enlistment, and if there was honorable termination of all of such enlistments, it was held that pension could be paid. The Department, however, held that if there was more than one enlistment, and there was other than honorable termination of any of such enlistments, title did not exist under the act of June 5, 1920.

On May 1, 1926, the act of June 5, 1920, was amended by substituting for the conjunction "and" the word "or". Following this amendment the Department held that the effect thereof was to separate the three periods of service, so that a person having the requisite length of service in any one of the three campaigns, and an honorable discharge from such period of service, and otherwise having title, could come within the purview of the amendatory act, even though there

may have been other service during the period in question which would have barred pension under the prior laws. The Department also held that the effect of the amendment separating the periods of service made impossible a combination of service in the various campaigns, so that a person who did not have the requisite period of service in any one of the campaigns did not come within the purview of the amendatory law, it not being possible to combine the periods of service.

In addition to providing a service pension (service connection of disability not required) to those persons who served 90 days or more during the War with Spain, the Philippine Insurrection, or the China Relief Expedition, and who were honorably discharged therefrom, or who having served less than 90 days were discharged for disability incurred in the service in line of duty, the act of June 2, 1930, provided for the payment of pension to those persons who served 70 days or more in the War with Spain, the Philippine Insurrection, or the China Relief Expedition, and who had been honorably discharged and who were suffering from disabilities of a permanent character, impairing them from earning a livelihood but such pension was fixed at rates lower than those rates payable for 90 days or more service. It was held by the Department of the Interior that in view of the language of the act of June 2, 1930, following the phraseology of the act of May 1, 1926, there could be no combination of service rendered in the different campaigns.

In this connection your attention is invited to the letter of July 7, 1930; addressed to your committee by the Veterans' Administration wherein the case of Elmer G. Mouso, C-2, 463070, was discussed, and in which it was stated that he was held not to come within the purview of the amendatory law of June 2, 1930, since his service of 70 days did not occur in either the Spanish-American War or the Philippine Insurrection, but was partly in one and partly in the other. And in connection with the decision in the above case, it was stated in my letter of July 7, 1939, above referred to, as follows:

"I am advised by the Acting Solicitor that if the question of combination of services under the act of May 1, 1926, or the act of June 2, 1930, were one of first impression, he would not agree with the position taken by the Department of the Interior. However, the matter is not one of first impression but involves, for the purpose of allowing the pension in this case, a reversal of an administrative position of over 13 years' standing, and the Acting Solicitor advises me that as he cannot say that the position taken by the Department of the Interior is wholly in error, he hesitates to recommend that I reverse that position without legislative authority.

"In view of the foregoing, I am constrained to the view that, in the absence of a statutory change, the claim of Elmer G. Mouso cannot be allowed under the act of June 2, 1930."

The bill is interpreted to require application of the criteria of eligibility under the existing service pension laws which include, among others, the requirement of honorable discharge.

It is noted that the bill would not completely restore the practice under the act of June 5, 1920, as it would not permit the combination of fragmentary periods of service occurring in more than one war period for the purpose of making up the requisite number of days of service. The bill limits its application to cases of continuous active service involving more than one of the war periods. Furthermore, eligibility for service pension under the existing laws based upon honorable service in one of the war periods, notwithstanding service other than honorable during one of the other war periods, would not be disturbed by the bill.

Should the bill be enacted into law, its provisions would be for prospective application. By remedial legislation of this nature no retroactive awards for any period prior to the date of enactment of the proposed legislation would be involved, whereas a reversal of long-standing interpretation of the existing law heretofore discussed in connection with the case of Elmer G. Mouso would involve retroactive awards over extended periods of time. In order to remove the necessity of administrative interpretation it is suggested that the following provision be included:

"Payments of benefits under the provisions of this Act shall be effective the date of enactment thereof as to these persons on the rolls and as to the claims pending on the date of enactment of this Act. In all other cases awards of pension authorized hereunder shall be effective from date of application therefor after the date of enactment of this Act."

It is suggested that in line 10, page 1, of the bill, that the conjunction "and" be changed to "or" in order that the language will conform with the language of the existing laws affected by the bill.

It is estimated that increased pensions would be paid to approximately 300 veterans who are now on the rolls at an additional cost of approximately $133,000 the first year. In addition, there would be a group of veterans who are not now receiving pension who would be entitled under this act as well as certain dependents and even though it is not possible to estimate with any degree of accuracy how many would be eligible or would apply, it is believed that the number of such potential beneficiaries is small and therefore the cost would not be great.

The principle involved in the proposed legislation is not new and is more in conformity with the principle governing the determination of the requisite period of service in World War cases. Further, the proposed legislation will remove an injustice in the cases of continuous service which is not believed to have been contemplated by the enactment of the service pension acts heretofore referred to. For the reasons above set forth, the proposed measure, if amended in accordance with the suggestions herein contained, is recommended for favorable consideration by your committee.

Advice has been received from the Director, Bureau of the Budget, that there would be no objection by that office to the presentation of this report to your committee.

Very truly yours,

FRANK T. HINES, Administrator.

76TH CONGRESS 3d Session

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SENATE

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REPORT No. 1542

INCREASE OF PENSIONS FOR DISABILITIES INCURRED PRIOR TO APRIL 21, 1898

APRIL 26 (legislative day, APRIL 24), 1940.—Ordered to be printed

Mr. MINTON, from the Committee on Pensions, submitted the

following

REPORT

[To accompany H. R. 7733]

The Committee on Pensions, to whom was referred the bill (H. R. 7733) to provide increased pensions for veterans of the Regular Establishment with service-connected disability incurred in or aggravated by service prior to April 21, 1898, having considered the same, report favorably thereon with the recommendation that the bill do

pass.

The purpose of this bill is fully explained in House Report No. 1898 which is attached hereto and made a part of this report.

[H. Rept. No. 1898, 76th Cong., 3d sess.)

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 7733) to provide increased pensions for veterans of the Regular Establishment with service-connected disability incurred in or aggravated by service prior to April 21, 1898, having considered the same, report favorably thereon with the unanimous recommendation that the bill do pass without amendment.

This bill has for its purpose the equalization of service-connected disability pension rates based upon service prior to April 21, 1898, with the service-connected disability pension rates provided for peacetime service on or after April 21, 1898, under Public Law No. 2, Seventy-third Congress, approved March 20, 1933, and the Veterans Regulations promulgated thereunder.

Under the general pension law now applicable to service prior to April 21, 1898, for service-connected disabilities, the rates range from $6 to $30 per month, in part dependent upon rank, the latter rate being for total disability. There are also specific rates in excess of $30 per month, up to and including $125 per month. Under Public Law No. 2 and the veterans regulations for service other than during a period of war, the rates are from $7.50 to $75 per month, the latter rate being for total disability, and specific rates are also provided up to and including $187.50 per month. As to the rates under the Veterans Regulations, rank is not

a factor.

The Veterans' Administration reports that for the first year it is estimated that the additional cost would approximate $164,000, providing increased pensions for approximately 700 veterans.