of disability, with special rates or allowances for specific disabilities ranging as high as $360 per month. National Service life insurance was made available by the Act of October 8, 1940 (Public Law 801, 76th Cong.), for persons in active service in the land or naval forces, and persons entering such service after that date, for not more than $10,000 or less than $1,000, upon payment of prescribed premiums. Any person in active service who on or after December 7, 1941, and prior to April 20, 1942, was captured, besieged, or otherwise isolated by the forces of an enemy of the United States for a period of at least 30 days beyond April 19, 1942, and at the time of such capture, siege, or isolation did not have in force insurance in the aggregate amount of at least $5,000 under the War Risk Insurance Act, as amended, the World War Veterans Act, as amended, or the National Service Life Insurance Act of 1940, is deemed to have applied for and to have been granted National Service Life insurance in an amount which, together with any insurance then in force shall aggregate $5,000 of such insurance. This insurance remains in force, premiums being waived, during the period such person remains so captured, besieged or isolated and for 6 months thereafter. Such person may apply for continuation of insurance beyond that date under premium paying conditions. Gratuitous insurance was also made available to service persons who, between October 8, 1940, and April 20, 1942, became totally disabled or died as a result of injury or disease incurred in line of duty. The surviving widow, child or children, and dependent parents of deceased veterans whose death resulted from disease or injury not the result of misconduct, incurred in or aggravated in line of duty during World War II are entitled to death compensation at the following monthly rates: Widow, with no child___. Widow, with 1 child (with $15.60 for each additional child). No widow, 1 child---. $60.00 78.00 30.00 No widow, 2 children (with $12 for each additional child, equally divided) 45.60 Dependent mother or father_. Dependent mother and father_-_. 54.00 30.00 Vocational rehabilitation is provided for disabled veterans of World War II who are suffering from service-connected disabilities for which compensation is payable under laws administered by the Veterans' Administration. The purpose of vocational rehabilitation is to restore employability lost by virtue of a handicap due to disability incurred in or aggravated by World War II service. Such training is given for as long as may be necessary, but not to exceed four calendar years, except with the approval of the Administrator to restore employability, regardless of the length of the veterans' military service. While undergoing training the disabled veteran is paid (in addition to disability compensation) subsistence allowance of not less than $65 per month, if without a dependent, or $90 per month, if he has a dependent or dependents. Subsistence allowance is payable in increased amounts where necessary to provide in combination with basic compensation retirement pay or other benefit, a minimum of $105 or $115 per month, depending on whether there is a dependent. Additional amounts are payable for dependents, as follows: $10 a month for one child, $7 for each additinoal child and $15 for each dependent parent. When a veteran of any war, discharged under conditions other than dishonorable, dies provision is made by the Veterans' Administration for payment of burial and funeral expenses and transportation of the body to the place of burial, in a sum not exceeding $150. Those claimants under H. R. 2823 who were not members of the armed forces at the time they became eligible for the benefits of the bill but who previously had such a status, and their survivors, may now be eligible for Veterans' Administration benefits. For example, pension is awarded to any World War I veteran who served 90 days or more and who is suffering from permanent total disability, not connected with military service and not due to the person's own willful misconduct or vicious habits. The rate of pension is $60 monthly, increased to $72 monthly if the veteran has been in receipt of the pension continuously for a period of 10 years or reaches the age of 65 and is permanently and totally disabled. The surviving widow, child, or children of any deceased World War I veteran who served at least 90 days and was discharged under conditions other than dishonorable, or was discharged for disability incurred in service in line of duty, or who, at time of death was receiving or entitled to receive compensation, pension, or retirement pay for service-connected disability, are entitled to pension at the following monthly rates: Widow with no children_. Widow and 1 child (with $6 for each additional child). No widow but 1 child... No widow but 2 children (equally divided). No widow but 3 children (equally divided) (with $4.80 for each additional child, total amount to be equally divided) –– $42.00 54.00 21.60 32.40 43.20 Burial benefits would be payable for World War I veterans who may have died under circumstances described in H. R. 2823 in the manner heretofore indicated. The examples heretofore cited with reference to duplicate benefits which would be payable under H. R. 2823 to World War I veterans and their survivors are illustrative of the effects of the bill. Similar benefits would be available for Spanish-American War veterans and their survivors and to veterans of peacetime service for aggravation of a service-connected disability which existed prior to December 7, 1941. In addition to the benefits heretofore enumerated, certain benefits are administered by the War and Navy Departments in the event disability or death occurs while a person is on active military or naval duty, such as retirement, the socalled six-month death gratuity and burial services. As to those claimants under H. R. 2823 who were civilian employees of the Government at the time of personal injury or death, the Bureau of Employees Compensation, Federal Security Agency, woud administer disability compensation and death benefits. Accordingly, it is believed the committee will wish to secure the comments of these agencies if it has not already done so. 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. Sincerely yours, OMAR N. BRADLEY, Mr. VAN ZANDT. Mr. Chairman and gentlemen of the committee, permit me to express my appreciation to the committee for this opportunity of appearing before you in behalf of H. R. 1000. H. R. 1000 is a bill designed to create a commission to examine and render final decisions on all claims by American nationals who were members of the armed forces of the United States and who were prisoners of war of Germany, Italy, or Japan, for payment of its awards, and for other purposes. H. R. 1000 provides, among other things, that a mixed claims commission be established and that- the Commission shall have authority to examine, and render final awards and decision in, all claims against the Governments of Germany, Italy, and Japan, on behalf of the following persons, held as prisoners of war at any time subse quent to December 6, 1941, in all cases of maltreatment as a prisoner of war while in the hands of such Governments, or their nationals, as set forth in section 4. May I say at this time that H. R. 1000 was introduced at the request of the Veterans of Foreign Wars of the United States. The inspiration that brought about the proposed legislation resulted from an experience of my own as well as that of Col. George E. Ijams, who is the director of national rehabilitation service, Veterans of Foreign Wars of the United States. Colonel Ijams was a member of the President's Commission headed by the honorable Senator from Maryland, Millard Tydings, who was sent to the Philippines to study conditions, including those that existed among the military and civilian personnel who were prisoners in the Pacific area. I was ordered to duty in Manila from my command in the Leyte Gulf and while there conferred with Colonel Ijams, and we had the privilege of meeting personally and observing first-hand the treatment that was accorded the American military personnel. Upon our return to the United States the matter was brought to the attention of the Veterans of Foreign Wars of the United States, who at the proper time instructed their legislative committee to prepare a bill and have it introduced through my office. It is not my intention to go into the details of the bill; but, rather, I would suggest that we call upon the representatives of the Veterans of Foreign Wars, headed by their national commander, who is here this morning, and their national legislative chairman and others. At this time, Mr. Chairman, I am desirous of relinquishing my time to Mr. Omar B. Ketchum, director, national legislative service, Veterans of Foreign Wars of the United States, who will, in turn, present the witnesses on behalf of H. R. 1000. Mr. HINSHAW. We thank you for the brevity of your statement, Mr. Van Zandt. Perhaps there are some members of the committee who desire to ask you questions. Are there any questions from the members of the committee? Mr. VAN ZANDT. Mr. Chairman, may I ask unanimous consent to extend as a part of my remarks at this time a letter from Colonel Ijams, director, national rehabilitation service, Veterans of Foreign Wars of the United States, and also an editorial on the subject, Why Draw A Line? taken from the National Tribune, Washington, D. C., of April 24, 1947. Mr. HINSHAW. The editorial will be examined by the chairman of the committee to determine its appropriatness for inclusion in the record, but the letter of Colonel Ijams will be included in the record at this point. (The letter of Colonel Ijams is as follows:) VETERANS OF FOREIGN WARS OF THE UNITED STATES, Hon. JAMES E. VAN ZANDT, NATIONAL REHABILITATION SERVICE, House Office Building, Washington, D. C. DEAR CONGRESSMAN VAN ZANDT: I wish to commend your action in introducing H. R. 1000, providing for the establishment of a claims commission to examine and render final decisions on all claims of American veterans of the armed forces who were held as prisoners of war of Germany, Italy, or Japan, in World War II. Your bill will benefit veterans of our armed services who were subjected to indignities and torture and who suffered disabilities while prisoners of war. The national rehabilitation service of the Veterans of Foreign Wars has received hundreds of letters from former prisoners but to date has found it necessary to inform these men that our Government has not yet set up any organization to which such claims can be presented for consideration. The American people were shocked when they learned of the atrocious and inhuman treatment accorded thousands of our defenders who were forced to surrender. We knew that about 40 years ago a solemn covenant was entered into by most of the civilized nations of the world covering the treatment to be accorded to prisoners captured in any future wars. We knew that our enemies in World War II signed this solemn covenant, and we naturally assumed that they would abide by its provisions. Even when we learned through the press that certain violations of the Geneva Conference had been reported, our people did not fully appreciate what those violations actually meant until we saw pictures of our liberated prisoners, many of whom were not only starved and beaten by an arrogant and inhuman enemy but suffered physical tortures and in many cases death for the amusement of a half-civilized people. You and I saw these mean in the Pacific islands shortly after they were liberated; therefore, it is quite natural that I should advocate the passage of your bill and that you, as a Member of Congress, should introduce this splendid piece of legislation in the House of Representatives. Following the victories in Europe and Asia, the Allied Governments determined to prosecute the perpetrators of these fiendish crimes on unarmed and helpless prisoners of war. Following fair trials, many of the perpetrators of these crimes have paid the supreme penalty. Others will no doubt be convicted as the result of trials now being held. Thus have the Allies in World War II imposed verdicts of criminal liability upon the perpetrators of inhuman treatment accorded prisoners contrary to the laws of civilized warfare. Having established the justice of criminal liability, should we not also establish the principle of civil liability and make certain that those who suffered disabilities as the result of inhuman treatment are compensated and that the widows and orphans of those defenseless prisoners who suffered tortures and death are also compensated for the loss of their loved ones? It would appear that we have in fact established the principle of civil liability in the action recently taken by the American Government in connection with the destruction of an unarmed American plane while flying over the territory of a supposed ally. Reparation for the death of these men was demanded and received by the United States Government. This money was distributed to the families of those killed in this unwarranted attack. If we were right in proceeding as we did against a supposed ally, certainly we have all the more reason to apply the same principle of civil liability against our enemies. Fortunately, the bill which you proposed will cost the American taxpayer nothing. You have wisely provided that all awards made and all administrative overhead expenses of the Mixed Claims Commission shall be paid from the assets of Japan, Germany, and Italy now held by the United States Government. And, in the event these assets are not sufficient, then any additional amounts required shall be assessed against the countries responsible for the inhuman treatment of our veterans. I feel confident the American people would approve the payment of awards to these former prisoners if every dollar of the money for this purpose were charged to the American taxpayers. But, realizing that we now hold the funds of the perpetrators of these crimes, I feel confident the American public will insist that this money be used to reimburse those living men for disabilities suffered and the widows and orphans of those who were murdered by a fiendish and inhuman enemy. When your bill has been enacted into law the national rehabilitation service of the Veterans of Foreign Wars of the United States will gladly represent those veterans and their dependents having claims against enemy countries without any cost whatsoever to the claimants, just as we now represent hundreds of thousands of our war veterans in other matters before the various Government departments. Many months have passed since the unconditional surrender of our enemies in Europe and Asia. It is certainly time for the establishment of a commission armed with authority to adjudicate claims of these unfortunate men, their widows and orphans. Ample funds are at hand and in our possession to make awards and to pay all overhead expenses without any cost to the American taxpayers. I sincerely hope that all the Members of Congress of the United States will appreciate the need for the speedy enactment of H. R. 1000. Very sincerely, GEORGE E. IJAMS, Director. (The editorial above referred to is as follows:) [From the National Tribune-The Stars and Stripes of April 24] WHY DRAW A LINE? There is pending before the House Committee on Interstate and Foreign Commerce a bill that would provide some measure of indemnity to American exservicemen who were treated inhumanly by our enemies while they were prisoners during World War II. It was introduced as far back as January 14, but it lay in mothballs in the Foreign Affairs Committee until the end of March, when the accident of probable action on a similar measure for the relief of civilian P. O. W.'s permitted re-referral to the commerce group. Hearings have been scheduled for the present week, so that there is a chance that our boys who were beaten and starved in violation of all the principles and covenants of civilized warfare may finally be considered on even terms with school teachers, hairdressers, and others who had the misfortune of falling into the hands of the Japs and the Nazis while they were on their march of aggression. The veterans of this country consider this bill-H. R. 1000-to be "must" legislation. It has had little or no publicity, and it is time that the facts were laid on the line. No objection can be advanced to prevent justice being meted out to civilian sufferers from the war, but we object to their having priority over veterans whose suffering was far greater. When the news seeped through to the American people of the barbarous treatment by the Hun of both civilians and the military, they were shocked beyond description. They were no less disturbed when the Fascists under Mussolini resorted to the same terrifying tactics designed to inject a complex of fear into their nationals who would oppose them and to "purify" the races on which each had imposed personal dictation. But as the war developed in the Pacific and it became known that the fanatical Japs were resorting to a brand of terrorism as bad or worse than Hitler's, our people were horrified. The Death March of Bataan, human sacrifice by way of the Samurai sword, cannibalism, and similar examples of fiendish and sadistic acts were written into the darkest pages of all history. The victims of the militarists and the dependents of those who died of thirst, starvation, or exposure are the most deserving of any humans. Long before the Congress had these bills before it, two men met out there in the Philippine Islands, which had just been liberated. One was a veteran of World War I, with excellent service, who had since become Assistant Administrator of Veterans' Affairs; he was George E. Ijams, now in charge of the rehabilitation section of the Veterans of Foreign Wars. The other had served as a kid in the Navy during the last war, had resigned his seat in Congress to go back to active duty in this one, had had his share of island-hopping in command of naval craft, and was then expecting his captaincy. He was "Jimmy" Van Zandt, three times commander of the VFW. The two were there impressed with the emaciated and the haggard faces and listless eyes of those who had experienced living death at the hands of the Japanese, and they came to the determination that "the Japs must pay for this awful thing." H. R. 1000 is the Van Zandt bill, supported by the VFW and by the Military Order of the World Wars, of which Colonel Ijams was once commander in chief. They have vital and personal testimony to offer this week to the Congress, and it must be heeded. The Van Zandt measure would set up a claims commission to receive, review, and, if justified, pay awards to veterans who suffered permanent injury through maltreatment while prisoners of the Japanese, Germans, or Italians. It is to be supposed that no objection will be raised to similar benefits being paid to civilians who were exposed to similar indignities. Indeed, it should be expected that the committee will write a new bill to include both classes, but nobody could contend successfully that if there is any need for preference, it must go to the military P. O. W.'s and that whatever is recoverable in benefits shall be in addition to provisions of any other law on the statute books. There is precedent for the objects sought in H. R. 1000 and in the several bills introduced for the relief of civilians. It is customary in postwar periods to demand repayment from the conquered for civilian and property damage; that is a major purpose of peace conferences. If other assets to satisfy claims are not available, a victorious nation exacts tribute in one form or another. We have an alien property custodian in whose hands are the tangible properties in this country formerly owned by the enemy, and we intend to pay just demands from those holdings. When, a short time ago, a supposedly friendly nation shot down defenseless planes in Middle Europe, we demanded and received reparations, which were distributed among the dependents of those who were killed through treachery. By these and other means we expect that criminal liability will be in part satisfied. All the bills do, that are being considered this week, is insist upon attaching a civil liability for hostile acts perpetrated in violation of international law. Under them the proposed Commission would receive, sift, and pay proper claims from the value of property interests of the enemy. Our Government already controls them in the amount of $200,000,000 and can dispose of $567,000,000 more. The officials to be named would distribute those assets in part to persons who were starved and beaten and tortured. It would offer part payment on demand to the widows, orphans, and other dependents of those who were unable to withstand the fiendish treatment for which some ringleaders of World 0 |