82d Congress, which was pending before your committee at the close of that Congress, and with respect to which a Veterans' Administration report was submitted under date of March 7, 1951 (Committee Print No. 57, 82d Cong.).

If this bill is enacted, the pension benefits granted to veterans of military or naval service during the war with Spain, including the Philippine Insurrection and Boxer Rebellion, by sections 1, 2, 3 and 4 of the act of June 2, 1930 (46 Stat. 492; 38 U. S. C. 365 et seq.), as amended, would be granted to the employees referred to above who were honorably released from their civilian employment. Under section 1, monthly pension of $101.59 at age 62, or for permanent non-service-connected disability of at least 10 percent, is payable to such veterans who served a minimum of 90 days (or less if discharged for disability incurred in service in line of duty) and who were discharged under conditions other than dishonorable. Under section 3, the lesser monthly rate of $67.73 is authorized under the same conditions for veterans who served from 70 to 89 days in the mentioned war period. Under sections 2 and 4, increased rates of $135.45 and $88.04, respectively, are authorized for a person entitled under section 1 or 3 who, on account of age or physical or mental disabilities, becomes helpless or blind or so nearly helpless or blind as to need or require the regular aid and attendance of another person.

În the past, a number of bills have been introduced in the Congress for the purpose of granting benefits to various civilian employees who served during the Spanish-American War, including the Philippine Insurrection and Boxer Rebellion, and also to those who served in other wars in which the United States has been engaged. In general, these groups do not have pensionable status. On pages 1017 to 1020 of the hearings before the Subcommittee on Spanish War of your committee, on H. R. 55, 83d Congress, and other bills, April 28, 1953, are listed a great number of bills introduced for the benefit of civilian groups employed in the several wars, which have been considered by the Congress.

During the 79th Congress, a bill (H. R. 1498) was introduced, designed to have the entire service of the crew members who served on certain revenue cutter vessels during the Spanish-American War recognized as naval service. The bill passed the House of Representatives and the Senate but was returned by the President to the House of Representatives without his approval on August 1, 1946. In his veto message (H. Doc. No. 763, 79th Cong.) the President concluded as follows:

During the wars in which the United States has engaged, large numbers of persons have rendered valuable assistance in civilian capacity to our Armed Forces. In granting veterans benefits, Congress has long differentiated between active military service and civilian employment with the Armed Forces. Approval of the bill would constitute a departure from this policy which I cannot justify. With respect to the service of civilian employees, it is recognized that many of those who served during the Spanish-American War were subject to certain dangers and hazards. They generally received pay in excess of that allowed military or naval personnel. While they rendered very worthwhile services in behalf of the Nation, they were not subject to strict military discipline nor have they been regarded as components of the Armed Forces proper. Rather, their services have been regarded as being merely accessory to the military and naval forces.

As is evident from the character of legislation enacted by the Congress, it has been the long-established general policy to limit benefits of this type to persons who served in active military or naval service and to dependents of such persons. The proposed legislation would be a distinct departure from this policy. By singling out restricted groups of civilians for special legislative treatment, enactment of the bill would be discriminatory as to the many other civilian groups who served with the Armed Forces of the United States during the war here involved and later wars, and may well serve as a precedent for similar requests on behalf of such other civilian groups. Although H. R. 5058 deals only with service pension payable under the act of June 2, 1930, its enactment might also serve as a precedent upon which to base requests for granting the groups of civilians encompassed by the bill all the other types of benefits which are accorded to those who served in the active military or naval service during the Spanish-American War, including the Philippine Insurrection and Boxer Rebellion. Those benefits include service-connected disability compensation, hospitalization, medical treatment, domiciliary care, burial allowance, and death pension and compensation for dependents. There are no adequate statistical facts upon which to base an estimate of the cost of this bill if enacted. However, for the information of the committee, it is noted that a study of the ages of all veterans of the Spanish-American War on the pension rolls as of June 30, 1954, shows their average age to be 77.4 years, and that all such veterans have attained the age of 66 years. It is probable that the persons to which H. R. 5058 pertains would fall within the same age pattern. It may also be noted with respect to cost that, if the principle of granting benefits of this nature to civilians is established, quite probably such a precedent might lead to a very heavy drain upon the Treasury of the United States.

Benefits under laws administered by the Veterans' Administration should be limited, in my opinion, to persons who rendered active service in our Armed Forces, and their dependents. Accordingly, and as H. R. 5058 could be a precedent for costly legislation, I do not favor its enactment.

Advice has been received from the Bureau of the Budget that there would be no objection to the submission of this unfavorable report to the committee.

Sincerely yours,

JOHN S. PATTERSON,
Deputy Administrator

(For and in the absence of the Administrator).

OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS,

Hon. OLIN E. TEAGUE,

VETERANS' ADMINISTRATION,

Washington 25, D. C., April 19, 1955.

Chairman, Committee on Veterans' Affairs,

House of Representatives, Washington 25, D. C.

DEAR MR. TEAGUE: Reference is made to your request for a report by the Veterans' Administration on H. R. 5056, 84th Congress, a bill to provide greater security for persons retired after service during the Spanish-American War, including the Boxer Rebellion and Philip

pine Insurrection, in the granting of outpatient treatment by the Veterans' Administration.

The purpose of the bill is to provide to persons retired after service in the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, the outpatient treatment authorized by Public Law 791, 81st Congress, September 19, 1950, in the same manner as is now authorized for veterans who were discharged from such service.

For the convenience of the committee there is enclosed a copy of Public, No. 62, 76th Congress, as amended, with the amendment proposed by H. R. 5056 underscored.

Under the provisions of Public Law 791, 81st Congress, veterans of the Spanish-American War group who are in need of outpatient treatment, upon application for such treatment by the Veterans' Administration are deemed for the purpose of the treatment to have incurred their diseases or disabilities as a direct result of military or naval service, in line of duty during such war. This has the effect of providing outpatient treatment for non-service-connected disabilities.

Section 6, Public, No. 2, 73d Congress, as amended, authorizes the furnishing of "medical and hospital treatment for diseases or injuries" to "men discharged from the Army, Navy, Marine Corps, or Coast Guard for disabilities incurred in line of duty or to those in receipt of pension for service-connected disability." It will be noted that to be eligible for outpatient treatment the veteran must have been discharged from the military service or be in receipt of compensation for a service-connected condition.

A person who was retired without having been discharged does not meet these requirements unless he elects, under Public Law 314, 78th Congress, May 27, 1944 (38 U. S. C. 26 (c)), to receive disability compensation for a service-connected disease or injury from the Veterans' Administration. However, most Spanish-American War veterans are in receipt of pension not for service-connected disability but primarily because they served in active military or naval service during the requisite period of time. These persons would not be eligible for outpatient treatment benefits under Public Law 791, 81st Congress, should they waive their retirement pay in order to receive such pension from the Veterans' Administration.

The subject bill would remove the distinction existing between discharged and retired veterans of the Spanish-American War and extend to those veterans retired from active service the same outpatient benefits under Public Law 791, 81st Congress, as are now enjoyed by discharged veterans.

The exact number of persons who would be affected by the bill is not known but it is believed that the number would be small and composed almost exclusively of officers of the then Regular Establishment which was small. On the basis of current data it is impossible to make any definite estimate of the increased costs which would be occasioned by the bill but it is believed they would be relatively small. In view of the small number of veterans involved, the fact that administrative procedures of the Veterans' Administration would be simplified and also because the bill would correct an inequity now existing between persons discharged and those retired after serving in the Spanish-American War, the Veterans' Administration would

have no objection to favorable consideration of the bill by the committee.

Due to the urgent request of the committee for a report on this measure, there has not been sufficient time in which to ascertain from the Bureau of the Budget the relationship of the proposed legislation to the program of the President.

Sincerely yours,

JOHN S. PATTERSON,
Deputy Administrator

(For and in the absence of the Administrator).

ACT OF MAY 3, 1939 (PUBLIC, No. 62, 76TH CONG.)

With Amendment Proposed by H. R. 5056, 84th Congress, Italicized

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to persons entitled to domiciliary care, medical and hospital treatment, and burial benefits under the provisions of sections 6 and 17, Public Law Numbered 2, Seventy-third Congress, as amended (U. S. C., title 38, secs. 706 and 717), and regulations issued pursuant thereto, as amended, those persons recognized as veterans of the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, under public laws in effect on March 19, 1933, are hereby included within the provisions of the aforesaid section 6, as amended, and the second proviso of the aforesaid section 17, and and regulations issued pursuant thereto, as amended, in the same manner and to the same extent as the provisions are now or may hereafter be applied to veterans of any war as specified therein: Provided, That veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, who are in need of outpatient treatment, shall, upon application for such outpatient treatment by the Veterans' Administration, be deemed, for the purposes of such outpatient treatment, to have incurred their diseases or disabilities as a direct result of military or naval service, in line of duty, during such war. The benefit authorized by this proviso shall be extended to veterans who were retired from active service in the same manner as is now authorized for veterans who were discharged from such service.

Hon. OLIN E. TEAGUE,

Chairman, Committee on Veterans' Affairs,

House of Representatives, Washington 25, D. C.

DEAR MR. TEAGUE: Reference is made to your request for a report by the Veterans' Administration on H. R. 5246, 84th Congress, a bill to provide domiciliary care, medical and hospital treatment, and outpatient care for veterans of the Indian wars.

The purpose of the bill is stated in the title. Its immediate effect would be to confer upon veterans of the Indian wars entitled to pension under the act of March 3, 1927, as amended (38 U. S. C. 381), or the act of August 25, 1937, as amended (38 U. S. C. 381-1), suffering from non-service-connected disabilities, the same rights to outpatient treatment as are available to war veterans suffering from serviceconnected disabilities. It would also exempt veterans of the Indian wars from limitations on outpatient dental care contained in the first proviso under the heading "Veterans' Administration" in the Independent Offices Appropriation Act, 1955.

The bill proposes that in addition to persons entitled to domiciliary care and medical and hospital treatment under the provisions of section 6, Public, No. 2, 73d Congress, as amended, and regulations issued pursuant thereto, all veterans of the Indian wars entitled to pension under the act of March 3, 1927, as amended, or the act of August 25, 1937, as amended, be included within the provisions of section 6 and regulations issued pursuant thereto in the same manner and to the same extent as the provisions are now or may hereafter be applied to veterans of any war as specified therein.

Under Veterans' Administration regulations veterans of the Indian wars have the same entitlement to hospital and domiciliary care and outpatient treatment as veterans of other wars. The term "veteran

of any war" insofar as Indian war veterans are concerned, under the regulations and precedents of the Veterans' Administration, is held to mean any person who served with the forces which were mobilized for participation in the Indian wars. The subject bill, therefore, would appear to confer no additional eligibility. for hospitalization or domiciliary care upon veterans of the Indian wars.

Under existing law, eligible veterans suffering from service-connected disabilities have a right to be afforded care and treatment by the Veterans' Administration, and if beds are not available in Veterans' Administration hospitals, or other Federal hospitals which have agreed to accept veterans, arrangements may be made to place them in suitable State, county, municipal, or private hospitals at Government expense. Male war veterans suffering from non-service-connected disabilities generally are eligible for hospital care therefor only if beds are available in Veterans' Administration or other Federal Government hospitals. They may not be placed in State, county, municipal, or private hospitals at Government expense. Admission to hospital for the treatment of non-service-connected disabilities is generally conditioned on the applicant's inability to defray the cost of hospitalization. It is the policy of the Veterans' Administration to give emergent cases otherwise eligible first consideration for hospital care, regardless of whether the disability, disease, or defect is due to military or naval service. Thus, persons with status as veterans of the Indian wars whose cases, because of advanced age or other cause are medically emergent, would be accorded priority consideration for admission to Veterans' Administration hospitals..

Authority for furnishing outpatient treatment is contained in Veterans Regulation No. 7 (a), which was promulgated by the President pursuant to Public, No. 2, 73d Congress, March 20, 1933. Under the terms of this regulation the Administrator of Veterans' Affairs is authorized to furnish to eligible veterans of any war such medical, surgical and dental services as may be found to be reasonably necessary for diseases or injuries incurred or aggravated in the line of duty in the active military or naval service. Should the bill be enacted veterans of the Indian wars entitled to pension under the mentioned acts would be entitled to such treatment for any disability for which such treatment is needed. This benefit was extended to veterans of the Spanish-American War group by Public Law 791, 81st Congress, September 19, 1950.