This bill is similar in principle to Public Law No. 758, Seventy-fifth Congress, approved June 28, 1938, which provides that persons entitled to pension under the provisions of the general pension law for death resulting from service prior to April 21, 1898, shall be entitled to peacetime service connected death rates under Public Law No. 2, Seventy-third Congress, and the veterans regulations promul gated thereunder. This bill contains the same provision as contained in Public Law No. 758; namely, that the act shall not be construed so as to reduce any pension under any act, private or public. A detailed report from Hon. Frank T. Hines, Administrator of Veterans' Affairs, relative to the provisions of this bill, is as follows: Hon. JOHN LESINSKI, Chairman, Committee on Invalid Pensions, VETERANS' ADMINISTRATION, House of Representatives, Washington, D. C. MY DEAR MR. LESINSKI: This is with further reference to your letter of January 9, 1940, requesting a report on H. R. 7733, "A bill 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," which provides as follows: "That effective on the first day of the month following the month in which this Act is enacted, the rates of pension prescribed by paragraph II of part II of Veterans Regulation Numbered 1 (a), as amended, shall be payable to veterans of the Regular Establishment entitled to pensions under the general pension law on account of service-connected disabilities incurred in or aggravated by service prior to April 21, 1898: Provided, That this Act shall not be construed to reduce any pension under any Act, public or private. " Prior to the enactment of Public, No. 2, Seventy-third Congress, March 20, 1933, the general pension law (act of July 14, 1862, as amended) was the legis lation providing pensions for service-connected disability or death, whether incurred in time of war or at other time. The general law provides monthly pension, except for certain permanent specific disabilities, in amounts ranging from $6 to $30 for total disability, dependent upon rank, except that as between $8 and $18 per month partial disabilities can be rated and paid regardless of rank. The permanent specific statutory rates are applicable to such disabilities as amputations of a hand or foot, for which disabilities monthly pensions of $80 are provided and for other specific losses, as high as $125 per month are provided. Pension of $50 and $72 per month is provided for those requiring frequent and periodical, or regular aid and attendance, respectively. Although the law provides higher rates for such conditions, the rate for total disability from organic disease, in the absence of helplessness, is pensionable at only $30 per month. Section 17 of title I, Public, No. 2, Seventy-third Congress, March 20, 1933, repealed all public laws granting pensions to veterans and the dependents of veterans of the Spanish-American War, including the Philippine Insurrection and the Boxer Rebellion, and the World War, and to former members of the military or naval service except so far as they relate to persons who served prior to the Spanish-American War and to the dependents of such persons. In other words, Public, No. 2, did not repeal or amend the general pension law in its application to veterans and the dependents of veterans who served prior to April 21, 1898, but it repealed all laws granting pension to persons who served on and after April 21, 1898, and their dependents. Public, No. 269, Seventy-fourth Congress, August 13, 1935, reenacted into law all laws (including the general pension law) in effect on March 19, 1933, granting pension to veterans and the dependents of veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection. Since Public, No. 2, Seventy-third Congress, became effective, veterans of the Regular Establishment with disabilities incurred in the service subsequent to April 20, 1898, have been pensionable only at the rates provided by part II of Veterans Regulation, No. 1 series. The first regulation promulgated by the President eliminated rank as a factor and provided monthly disability pension rates ranging from $6 for partial disability to $30 for total disability with rates for certain specific disabilities up to $125, graduated on the basis of severity. The President, by subsequent regulation and as a result of studies conducted by the Veterans' Administration at the President's direction, raised by 50 percent the rate for total disability to $45 per month and comparable raises were provided for lesser disabilities. Presidential regulation also provided that any veteran of the Regular Establishment or the dependents of any such veteran entitled to pension on account of disability or death resulting from an injury received in line of duty in actual combat in a military expedition or military occupation should receive the rate of pension provided for wartime service. Further, the regulations provided for the combination of ratings and for the payment of a pension at wartime rates to those veterans who had both wartime and peacetime service who suffered disability in each period of service. The matter of pensions to veterans of the Regular Establishment continued to receive careful study during the period in which the President had authority to promulgate veterans regulations under Public, No. 2, Seventy-third Congress. Subsequent to that time the study was enlarged in scope to include all monetary benefits granted this group, including retirement privileges, as well as other benefits. It was determined by the Veterans' Administration to refer pertinent data to the Secretary of War, Secretary of the Navy, and the Commandant, Coast Guard, requesting report on any recommendations they desired to make. Upon receipt of these reports, they were made a part of the basic study of the whole problem and following a careful consideration of the matter it was concluded that possible relief in some cases, particularly certain specific disabilities, was indicated following the policy adopted by the Congress in connection with wartime cases subsequent to the enactment of Public, No. 2, Seventy-third Congress. With this in mind, information was furnished the Congress resulting in the enactment of Public, No. 788, Seventy-fourth Congress, June 24, 1936, "An act to increase the pension of certain veterans of the Regular Establishment on the rolls March 19, 1933." Public, No. 788, did not disturb the existing criteria of eligibility for pension under Part II of Veterans Regulation No. 1 (a), as amended, but, following the principle invoked by the Congress in legislation subsequent to Public, No. 2, Seventy-third Congress, provided a protected award for those cases on the rolls on March 19, 1933, and entitled to peacetime service-connected pension under the existing regulation, limiting the reduction of benefits to 25 percent. A further limitation was included providing that the protected award shall in no event exceed 75 percent of the wartime rate for similar disability under Part I of Veterans Regulation No. 1 (a), as amended. A study of the effects of the Veterans Regulations and Public, No. 788, Seventyfourth Congress, was continued, finally resulting in the enactment of Public, No. 257, Seventy-sixth Congress, August 4, 1939, "An act to provide pensions to members of the Regular Army, Navy, Marine Corps, and Coast Guard, who become disabled by reason of their service therein, equivalent to 75 percent of the compensation payable to war veterans for similar service-connected disabilities, and for other purposes." In effect, this act increased the rate of pension for total disability from $45 to $75 per month and the maximum rate for specified conditions from $125 to $187.50 per month. Public, No. 758, Seventy-fifth Congress, June 28, 1938, "An act to liberatize the laws providing pensions for the dependents of veterans whose death resulted from service prior to April 21, 1898," provides that persons entitled to pension under the provisions of the general pension law, for death resulting from service prior to April 21, 1898, shall be entitled to pension at the rates provided by paragraph III of part II of Veterans Regulation No. 1 (a), as amended, and a proviso to that act provides that it shall not be so construed as to reduce any pension under any act, public or private. It will thus be seen that Public, No. 758, granted pensions to the dependents of veterans whose death resulted from service prior to April 21, 1898, at the same rates as are provided for the dependents of veterans whose death resulted from service during peacetime subsequent to April 21, 1898. Enactment of the bill under consideration would place veterans whose disabilities resulted from service prior to April 21, 1898, on a parity with veterans whose disabilities resulted from service during peacetime subsequent to April 21, 1898. Thus the bill makes for uniformity. Of the 879 veterans on the rolls on January 15, 1940, who were in receipt of pension under the general pension law for disability incurred in the service in line of duty prior to April 21, 1898, only 1 veteran is under 60 years of age; in the age group from 60 to 69 years there are 209 veterans; in the age group from 70 to 79 years there are 504 veterans; in the age group from 80 to 89 years there are 152 veterans; and in the age group from 90 to 95 years there are 13 veterans. It is estimated that the additional cost of this bill for the first year would approximate $164,000, providing increased pensions for approximately 700 veterans of the Regular Establishment who incurred disability in the service in line of duty prior to April 21, 1898. The Veterans' Administration recommends the bill to the favorable consideration of your committee. Advice has been received from the 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. It will be noted from the foregoing report that the bill has been favorably recommended by General Hines, and also that the Bureau of the Budget has advised that there would be no objection to the presentation of his recommendation to your committee. 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. 79811 The Committee on Pensions, to whom was referred the bill (H. R. 7981) to grant pensions to certain unremarried dependent widows of Civil War veterans who were married to the veteran subsequent to June 26, 1905, having considered the same, report favorably thereon with the recommendation that the bill do pass. The purpose of this bill is fully explained in the report of the House Committee on Invalid Pensions, which accompanied the bill and which is attached hereto and made a part of this report. (H. Rept. No. 1780, 76th Cong., 3d sess.' The Committee on Invalid Pensions, to whom was referred the bill (H. R. 7981) entitled "A bill to grant pensions to certain unremarried dependent widows of Civil War veterans who were married to the veteran subsequent to June 26, 1905," having considered the same, report favorably thereon with the unanimous recommendation that the bill do pass without amendment. The committee conducted extensive hearings on pending bill proposing to liberalize the existing service-pension laws pertaining to dependents of deceased Civil War veterans. Such hearings were conducted on January 15, 16, and 17, 1940. There were nine general bills concerning which specific consideration was given, namely H. R. 917, H. R. 1666, H. R. 2208, H. R. 3386, H. R. 6716, H. R. 6909, H. R. 6927, H. R. 7728, and H. R. 7876. The estimated additional cost for the first year as furnished by the Veterans' Administration on these particular bills ranges from $4,893,000 to $20,389,000. During the foregoing hearings the committee received testimony from Members of Congress who were the authors of their respective bills, Gen. Frank T. Hines, Administrator of Veterans' Affairs; national representatives of several of the veterans' organizations; and national representatives of two auxiliary organizations of the Grand Army of the Republic. Following these hearings the committee, in executive session, gave exhaustive study to all of the testimony and, as a result of its deliberations, requested of General Hines the drafting, in appropriate language, of a bill to accomplish the purposes as specifically recommended by the national officers of the auxiliary organizations of the Grand Army of the Republic who testified before the committee. Due to the restrictions therein contained, the bill, as reported by your committee, will result in an estimated cost for the first year of only $1,026,000, affecting 4,800 widows. The estimated cost will materially decrease each succeeding year because of the advanced ages of those who are eligible under the provisions of the bill. The bill has for its purpose the granting of service pensions to a restricted group of Civil War widows who are not now eligible for service pensions because they were not married to the veteran prior to June 27, 1905. Under existing service-pension laws, widows of Civil War veterans, if married to the veteran prior to June 27, 1905, may receive pension at the rate of $30 per month if under 70 years of age; $40 per month to those 70 years of age or over, or $50 per month if married to the veteran during his Civil War service. Under the existing laws remarriage of the widow subsequent to the death of the veteran is no bar to the receipt of pension if the subsequent remarriage or remarriages were terminated without fault on the part of the widow. Under the provisions of this bill if the widow has remarried subsequent to the veteran's death she would be barred from receipt of pension thereunder. The provisions of existing law do not require that the widow show dependency. The bill requires that dependency be shown under regulations to be prescribed by the Administrator of Veterans' Affairs. Under existing laws, as heretofore stated, pension is payable to a widow under 60 years of age, whereas under this bill it is required that the widow be at least 60 years of age in order to be eligible to receive benefits thereunder. Under the provisions of this bill, a new group of widows would become eligible notwithstanding the present marriage delimiting date, June 27, 1905, and receive pension if otherwise entitled under the service-pension laws if marriage to the veteran occurred at least 10 years prior to the veteran's death and the widow had lived with the veteran continuously from the date of their marriage to the date of the veteran's death, except in those instances where separation is clearly the fault of the veteran. A further analysis as to the effects of the bill and the detailed estimated costs for the first year are contained in the report of the Administrator of Veterans' Affairs, dated February 5, 1940, which is as follows: VETERANS' ADMINISTRATION, Hon. JOHN Lesinski, Chairman, Committee on Invalid Pensions, House of Representatives, Washington, D. C. MY DEAR MR. LESINSKI: This is with further reference to your letter of January 18, 1940, requesting a report on H. R. 7981, Seventy-sixth Congress, "A bill to grant pensions to certain unremarried dependent widows of Civil War veterans who were married to the veteran subsequent to June 26, 1905." Section 1 provides "That the dependent unremarried widow of a Civil War veteran who is barred from the receipt of pension because her marriage to the veteran occurred subsequent to June 26, 1905, but who is otherwise entitled to such pension either under the Act of May 1, 1920 (41 Stat. 585), or under the Act of June 9, 1930 (46 Stat. 528), shall be entitled to pension in her own right under said Acts at the rates and under the conditions specified therein and to the additional pension provided for minor and helpless children in the Act of May 1, 1920, provided she married the veteran ten years prior to his death and lived with him continuously from the date of marriage to the date of his death except where there was a separation which was due to misconduct of or procured by the veteran without the fault of the widow: Provided, That if pension has been granted to an insane, idiotic, or otherwise helpless child of the veteran or to a child or children of the veteran under sixteen years of age, the widow shall not be entitled to the pension authorized in this Act until the pension to the child or children terminates, unless such child or children be a member or members of her family and cared for by her; and when these "conditions are fulfilled and the pension is granted to the widow, payment of pension to such child or children shall cease; except that in the event the amount being paid to such child or children is less than the amount authorized to the widow by this act, then the difference between said amounts will be paid to the widow: Provided further, That no pension shall be payable under this act to a widow under sixty years of age." Section 2 provides: "Payment of pension as provided by this Act shall be effective from the date of receipt of application in the Veterans' Administration, in the form prescribed by the Administrator of Veterans' Affairs, but not prior to |