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1976/10/14 HR71 Medical Care for Certain Members of Allied Wartime Forces
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1976/10/14 HR71 Medical Care for Certain Members of Allied Wartime Forces
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The original documents are located in Box 63, folder "10/14/76 HR71 Medical Care for Certain Members of Allied Wartime Forces" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. 810/14/76 9/61 B1 130 THE WHITE HOUSE ACTION WASHINGTON October 13, 1976 Last Day: October 23 Purate Garden Rose MEMORANDUM FOR THE PRESIDENT FROM: JIM CANNON SUBJECT: H.R. 71 - Medical care for certain members of allied wartime forces Attached for your consideration is H.R. 71, sponsored by Representative Annunzio and 24 others. The enrolled bill extends VA medical care entitledment to persons who served in the Polish and Czechoslovakian Armed Forces during World Wars I or II on the same basis as though they had served in the U.S. forces, if they: -- subsequently served honorably in or with the Armed Forces of France or Great Britain; -- participated in armed conflict with an enemy of the United States, and -- have been citizens of the U.S. for at least 10 years, and are not entitled to payment for equivalent care and services under a foreign government's program for its World War I or II veterans. Additional information is provided in OMB's enrolled bill report at Tab A. The Veterans Administration recommends disapproval of the enrolled bill. OMB, Max Friedersdorf, Counsel's Office (Lazarus), Bill Baroody (Kuropas) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 71 at Tab B. LIGRA GERALO FORT Digitized from Box 63 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library OF THE THE FRESIDENT OF THE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE SENTIVE UNITED OFFICE OF MANAGEMENT AND BUDGET NAME STATE WASHINGTON, D.C. 20503 OCT 13 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 71 - Medical care for certain members of allied wartime forces Sponsor - Rep. Annunzio (D) Illinois and 24 others Last Day for Action October 23, 1976 - Saturday Purpose Extends Veterans Administration (VA) medical care entitlement to certain persons who served in the Czechoslovakian and Polish armed forces during World Wars I or II. Agency Recommendations Office of Management and Budget Approval Veterans Administration Disapproval (Memo- randum of disapproval attached) Discussion H.R. 71 extends VA medical care entitlement to persons who served in the Polish and Czechoslovakian Armed Forces during World Wars I or II on the same basis as though they had served in the U.S. forces, if they: -- subsequently served honorably in or with the Armed Forces of France or Great Britain, -- participated in armed conflict with an enemy of the United States, and -- have been citizens of the U.S. for at least 10 years, and are not entitled to payment for equivalent 2 care and services under a foreign government's program for its World War I or II veterans. The bill specifically provides that, in order to assist VA in making a determination of proper service eligi- bility, applicants must obtain from the French Ministry of Defense or the British War Office an authenticated certification of service in the Czechoslovakian or Polish Armed Forces and subsequent service in or with the Armed Forces of France or Great Britain. In explaining the reasons for the bill, the report of the House Committee on Veterans' Affairs states that many Polish and Czech veterans who immigrated to the United States after World War II have no way to secure needed medical and hospital care. They cannot obtain veterans' benefits from the VA because they are not veterans of the Armed Forces of the United States, and they have no recourse to benefits in their former homelands. Under current law, VA may furnish various forms of medical care to allied or associated nations' World War I or II veterans, provided that: -- the foreign nation has a similar veterans' program and extends reciprocal medical privileges to U.S. veterans abroad, -- officials of the foreign nation request the care for the veteran and the Administrator approves it, and -- space in a VA medical facility is available. This reciprocal arrangement has been used with several nations including Canada, Great Britain, Australia, New Zealand and South Africa. However, in view of the change in government control in Czechoslovakia and Poland following World War II, recourse to the reciprocal services authority is not available to American citizens who served with the armies of these countries. Bills similar to H.R. 71 have been introduced in each Congress for the past fifteen years. VA consistently opposed the bills on the grounds that they constituted a departure from long-standing policy that VA provide benefits solely for U.S. Armed Forces veterans, and that 3 they would set a precedent which could lead to the extension of other VA benefits, such as pensions, disability compensation and burial benefits, to these and similar groups. Some veterans groups also opposed the legislation because they were concerned that U.S. veterans would be displaced from VA facilities (since Polish and Czech veterans with service-connected conditions would be given priority over non-service connected U.S. veterans), and that such proposals would change the historic nature of VA programs. Earlier this year you decided that the Administration should not oppose H.R. 71 since many of the potentially eligible Polish and Czech veterans may not qualify for, or be able to afford, other health care. Although the Senate passed a version of H.R. 71 that would have extended medical care entitlement to a much broader group of veterans, both houses subsequently agreed to the more narrowly drawn version you found acceptable. It is difficult to provide an accurate cost estimate of H.R. 71, since almost no information is available on the number, age and potential demand for VA care of the Polish and Czechoslovakian veterans who may be eligible under the bill. The Polish veterans organiza- tions estimate 15,000 eligibles. VA estimates that H.R. 71 will result in an annual cost of approximately $1.2 million, and has indicated informally that these costs can be absorbed within VA program appropriations. Agency Recommendations VA recommends that you withhold your approval of H.R. 71 and has attached a draft memorandum of disapproval for your consideration. In its views letter, VA states: "We are keenly aware that personnel of the allied forces encompassed by this bill displayed exceptional bravery and determina- tion during two major wars However, we still do not believe that citizens, who are not veterans of service in the armed forces of the United States, should be provided medical care benefits based purely on service with some other nation's armed forces rendered prior to becoming a citizen of this country." 4 ******** We share the concerns expressed by VA regarding the enrolled version of H.R. 71, particularly those re- garding the precedent which the bill would set. At the same time, it should be noted that H.R. 71 would affect relatively few veterans, given the eligibility conditions that must be met. Moreover, we believe that the circumstances addressed by the enrolled bill are unique, and this may aid us in resisting broad changes in VA's medical care system. As we noted earlier, the enrolled version of H.R. 71 is the version that you indicated to the Congress would be acceptable. Accordingly, we recommend approval of H.R. 71. James James Director T. Lbg Lynn Enclosures Note to file: I received verbal recommendations for signing from Max Friedersdorf, Ken Lazarus, Myron Kuropas, David Lissy. Judy Johnston, 10/13 NOTICE VETER ANS VETERANS ADMINISTRATION OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS AMERICAN REVOLUTION INFENTENNIAL WASHINGTON, D.C. 20420 1776-1976 @ TM 1930 October 12, 1976 The Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This will respond to your request for a report by the Veterans Administration on the enrolled enactment of H.R. 71, 94th Congress, a bill "To amend title 38, United States Code, to provide hospital and medical care to certain members of the armed forces of nations allied or associated with the United States in World War I or World War II." The subject bill would amend section 109 of title 38, United States Code, to extend to any person who served during World War I or World War II as a member of any armed force of the Governments of Czechoslovakia or Poland, and participated while so serving in armed conflict with an en- emy of the United States, and has been a citizen of the United States for at least ten years, entitlement to hos- pital care, medical services, and domiciliary care under chapter 17 of title 38. The bill would further require each applicant to furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II. Under the bill, benefits would not be available to a person who is entitled to payment for equivalent care and services under a program established by such foreign government for persons who served in its armed forces during World War I or World War II. Section 109 (a) (1) of title 38 currently authorizes the Administrator, in consideration of reciprocal services extended to the United States and upon a reimbursable basis, to furnish hospital care, medical services, and education, training or similar benefits to discharged members of the armed forces of the government of any nation allied, or associated, with the United States in World War I (except a nation which was an enemy of the United States in World War II), or World War II, if such benefits are authorized by such government for its veterans. Section 109(b) provides that persons who served in the active service in the armed forces of any government allied with the United States in World War II, and who at the time of entrance into such service were citizens of the United States, are, if other- wise qualified, entitled to the benefits of chapters 31 and 37 of title 38 in the same manner and to the same extent as U. S. veterans of World War II, provided he is a resident at the time of filing a claim, and has not received similar benefits from the nation in whose armed forces he served. The subject bill goes much further than the pro- visions for temporary World War II readjustment benefits. It would include many persons who were not citizens when they served and would provide basic hospital and medical benefits under our continuing program. While the need for medical benefits might appear to be most urgent, the granting of this relief would doubtless be followed by demands for other continuing benefits, such as compensation and pension. The general policy of Congress, except as to those benefits in section 109 (b) of title 38, United States Code, has been to provide benefits solely for veterans who served in the armed forces of the United States and their dependents. The extension of certain benefits (although provided on a reciprocal basis in section 109 (a)) to persons who served 2. with governments allied with the United States, but who ren- dered no service in the United States Armed Forces, would be a departure from this policy. We not only believe that enactment of the subject bill would be unwise, but it would be discriminatory and precedential. If medical benefits are provided to veterans of service with the Czechoslovakian and Polish armed forces, it could be argued that equity would require the extension of such benefits to those who served with the armed forces of Bulgaria, Estonia, Hungary, Latvia, Lithuania, Romania, or Yugoslavia, as well as to veterans of other allied forces such as Russia, China, and most of the Latin American coun- tries, who are now United States citizens. As a matter of policy it would be difficult to explain to nations such as Canada, Great Britain, Australia, New Zealand, and South Africa, why they should reimburse the Veterans Administration for medical treatment provided veterans who served in their armed forces while we provide such services at no cost for veterans of other allied forces. Aside from allied veterans, many other groups who have served with, but not in, our own armed forces during war periods have through the years sought to obtain benefits reserved to veterans of the military service. Applying the policy of restricting benefits to those who had military service, legislation to include these civilian groups has generally been rejected. If an exception were made for one or more classes of allied veterans, it might prove difficult to resist demands that similar provision should be made for a variety of civilian groups who served closely with our armed forces or who did alternate service as conscientious objectors. It is estimated that the enrolled enactment will result in an annual cost to the Veterans Administration of approximately $1,170,000. We are keenly aware that personnel of the allied forces encompassed by this bill displayed exceptional bravery 3. and determination during two major wars. They served in many cases alongside our United States veterans with distinction and honor. Many gave their lives in these common endeavors. They have greatly enriched our Nation through their contri- butions since they have moved to this country. It is under- standable that the Congress would wish to extend hospital and medical benefits to them. However, we still do not be- lieve that citizens, who are not veterans of service in the armed forces of the United States, should be provided medical care benefits based purely on service with some other nation's armed forces rendered prior to becoming a citizen of this country. Accordingly, I recommend that the President with- hold his approval of H.R. 71. There is enclosed a proposed Memorandum of Disapproval. Sincerely, RICHARD L. ROUDEBUSH Administrator Enclosure 4. MEMORANDUM OF DISAPPROVAL I am withholding my approval of H.R. 71, 94th Congress, a bill to provide hospital and medical care to certain members of the armed forces of nations allied or associated with the United States in World War I or World War II. The bill would amend section 109 of title 38, United States Code, to extend to any person who served during World War I or World War II as a member of any armed force of the Govern- ments of Czechoslovakia or Poland, and participated while so serving in armed conflict with an enemy of the United States, and has been a citizen of the United States for at least ten years, entitlement to hospital care and medical services, and domiciliary care under chapter 17 of title 38. It would also require an authenticated certification from the French Ministry of Defense or the British War Office as to service in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during World War I or World War II. The general policy of Congress, except as to those benefits in section 109(b) of title 38, United States Code, has been to provide benefits solely for veterans who served in the armed forces of the United States and their dependents. The ex- tension of certain benefits (although provided on a reciprocal basis in section 109(a)) to persons who served with governments allied with the United States, but who rendered no service in the United States Armed Forces, would be a departure from this policy. I not only believe that approval of this bill would be unwise, but it would be discriminatory and precedential. If medical benefits are provided to veterans of service with the Czechoslovakian and Polish armed forces, it could be argued that equity would require the extension of such benefits to those who served with the armed forces of Bulgaria, Estonia, Hungary, Latvia, Lithuania, Romania, or Yugoslavia, as well as to veterans of other allied forces such as Russia, China, and most of the Latin American countries, who are now United States citizens. As a matter of policy it would be difficult to explain to nations such as Canada, Great Britain, Australia, New Zealand, and South Africa, why they should reimburse the Veterans Adminis- tration for medical treatment provided veterans who served in their armed forces while we provide such services at no cost for veterans of other allied forces. Aside from allied veterans, many other groups who have served with, but not in, our own armed forces during war periods have through the years sought to obtain benefits reserved to veterans of the military service. Applying the policy of restrict- ing benefits to those who had military service, legislation to include these civilian groups has generally been rejected. If an exception were made for one or more classes of allied veterans, it might prove difficult to resist demands that similar provision should be made for a variety of civilian groups who served closely with our armed forces or who did alternate service as conscien- tious objectors. I am keenly aware that personnel of the allied forces encompassed by this bill displayed exceptional bravery and deter- mination during two major wars. They served in many cases along- side our United States veterans with distinction and honor. Many gave their lives in these common endeavors. They have greatly enriched our Nation through their contributions since they have moved to this country. It is understandable that the Congress would wish to extend hospital and medical benefits to them. How- ever, I still do not believe that citizens, who are not veterans of service in the armed forces of the United States, should be provided medical care benefits based purely on service with some other nation's armed forces rendered prior to becoming a citizen of this country. FOR IMMEDIATE RELEASE OCTOBER 14, 1976 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE REMARKS OF THE PRESIDENT UPON SIGNING H. R. 71 VETERANS MEDICAL CARE FOR CERTAIN MEMBERS OF ALLIED WARTIME FORCES THE ROSE GARDEN 11:57 A.M. EDT Good morning, everybody. It is a great privilege and pleasure for me to welcome the distinguished Members of Congress and repre- sentatives of various veterans organizations, ethnic groups and the like. It is a great day here in the Rose Garden and good luck, and it is nice to see you all. But I am especially pleased to have the opportunity to recognize the contributions of many valiant Americans of Polish and Czech ancestry who fought for freedom. I think this legislation that I am signing today provides that any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States shall by virtue of such service be entitled to certain medical benefits. This legislation requires that each person who is so entitled shall have been a citizen of the United States for at least 10 years. For two centuries a very fundamental principle of American policy toward other nations has remained unchanged. The American people support the aspirations for freedom, independence and national self-determination of people everywhere. We do not accept foreign domination over any nation. The people we recognize with this legislation today fought along side of us for these ideals. This year, as American citizens they joined with us in our Bicentennial celebration. Their wartime service is an inspiration and a lasting contribution to the strength of America and to America's commitment to freedom. Thank you very much. END (AT 12:00 NOON EDT) 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-337 MEDICAL CARE FOR CERTAIN MEMBERS OF ALLIED WARTIME FORCES JULY 9, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ROBERTS, from the Committee on Veterans' Affairs, submitted the following REPORT [To accompany H.R. 71] The Committee on Veterans' Affairs, to whom was referred the bill (H.R. 71) to amend title 38, United States Code, to provide hospital and medical care to certain members of the armed forces of nations allied or associated with the United States in World War I or World War II, having considered the same, report favorably thereon, by unanimous voice vote, without amendment, and recommend that the bill do pass. INTRODUCTION H.R. 71 is identical to H.R. 13377, enacted by the House during the last session of Congress. The bill would provide hospital and medical care to certain members of the armed forces of the nations allied or associated with the United States in World War I or World War II. Hearings were held on H.R. 13377 during the 93rd Congress and the bill was cosponsored by 46 Members of the House. On July 29, 1974, the Committee reported H.R. 13377, and the bill passed the House on August 5, 1974. However, the Senate failed to act on the bill before sine die adjournment. PURPOSE OF THE BILL H.R. 71 provides that any person who served during World War I or World War II as a member of any armed force of the Governments of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of 57-006 2 3 such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services from the Veterans that the provision requiring each applicant to furnish such an authen- Administration to the same extent as if such service had been per- ticated certification as to service "would make the subject bill more formed in the Armed Forces of the United States. Such benefit is not administratively feasible than similar purpose bills currently pending authorized if the person concerned is otherwise entitled to payment before the Committee." for equivalent care and services under a program established by the The Committee has been informed that H.R. 71, and several identi- foreign government concerned for persons who served in its armed cal bills, now have a total of 109 cosponsors in the House of Repre- forces in World War I or World War II. sentatives. The bill specifically provides that, in order to assist the Adminis- At the mentioned hearings before a special subcommittee in the trator in making a determination of proper service eligibility "each 93rd Congress testimony and statements were received from a number applicant for the benéfits thereof shall furnish an authenticated of Members of Congress and veterans' organizations in support of certification from the French Ministry of Defense or the British War the proposal. In support of his bill, the Honorable Frank Annunzio Office as to records in either such Office which clearly indicate military stated in part: service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great In addition, under existing law, the U.S. government pres- Britain during the period of World War I or World War II." ently pays for medical and hospital benefits given to persons who served in the Armed Forces of the Philippines during BACKGROUND OF THE BILL World War II, even if such persons are not American citizens. My bill would extend these benefits to those naturalized During World War I and World War II many citizens of countries U.S. citizens who fought bravely and sacrificed for the ideals in Central Europe fought with great courage in alliance with and of freedom and justice for which this country also fought. against the foes of the United States and its major allies. After the During the Second World War, many citizens of Bulgaria, war there was a change of government in these countries, particularly Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Po- in Poland and Czechoslovakia which deprived many individuals the land, Rumania, and Yugoslavia fought with great courage freedom for which they so valiantly had struggled. Consequently, these against the foes of the United States. After the war, there was men immigrated to the United Státes and became citizens in search of a change in government in each of these countries, which de- the bind of life they could no longer lead in their own countries and prived many of these Eastern Europeans the freedom for have subsequently greatly enriched our Nation economically and which they so valiantly had struggled. Consequently, these morally. However, because they are not technically veterans of the men immigrated to the United States and became citizens, Armed Forces of the United States and at the same time have no in search of the kind of life they could no longer lead in their recourse to veterans'. benefits in their Communist controlled home- own countries. These men have greatly enriched our nation lands, many of them have no way to turn to secure needed medical through hard work. My bill recognizes the important con- and hospital care and attention. tribution made by these veterans to the Allied war effort, For a number of years the veterans' laws codified in title 38, United and grants them the same medical benefits which we have States Code, have authorized certain veterans' benefits on the basis of granted to many noncitizens of the Philippines. "reciprocal services" upon request of the proper officials of the govern- Mr. Chairman, I strongly urge that this Committee take ment of any nation allied or associated with the United States in favorable action on my bill, H.R. 272. It is imperative that World War I or in World War II. As indicated however, in view of the we extend these limited benefits to those men who fought SO change in government control in certain of the foreign nations, valiantly and heroically along with our American boys and recourse to the reciprocal services authority is not available. allied forces during the two World Wars to preserve freedom. Predecessor bills in recent years have attempted to extend similar These men need our help now. benefits to members of the armed forces of other Central European The Committee was also impressed with the favorable support of countries, but in view of the basic almost insurmountable problem of adequately authenticating the appropriate military service contem- observations: Senator Adlai E. Stevenson III who made the following significant plated by the predecessor bills, the present bill, H.R. 71, has been limited to former servicemen of Poland and Czechoslovakia. The people who would benefit from adoption of this Following hearings on this general legislative proposal during the legislation fought valiantly on the allied side only to find, at last Congress and subsequent meetings with the chief congressional the conclusion of the war, that the newly established govern- sponsor and representatives of the groups concerned, the Committee ments in their own countries foreclosed the individual free- has been assured that in most, if not all, of the meritorious cases it doms for which they had fought. will be possible to secure appropriate service certifications from either Rather than accept the restrictions imposed on the the British War Office or the French Ministry of Defense. In this individual by their governments, they emigrated by the connection, the Committee has noted that in its report on this pro- hundreds of thousands to the United States where they posal during the last Congress the Veterans' Administration recognized could live with full and rightful dignity. These Americans have given much to our Nation, from their contributions to our economic life to their spirited 4 5 example of individuals determined that freedom is the most precious possession of any people. But because of a gap war veterans of the U.S. armed forces. It provides that those who in our laws, they have been denied the right to full first-class served as members of the armed forces of Poland in either World citizenship; they are ineligible to receive any of the benefits War and have now been citizens of the United States for at least ten available to veterans of the United States Armed Forces. It years be covered by this bill. is time for the American Government to right this injustice. SEIU Local 25 has particular interest in this legislation, as many It is time for us to recognize the rights of all American of its members are of Polish descent. We, the SEIU International freedom. citizens who suffered the same agonies of war for peace and Executive Board, therefore heartily endorse Congressman Annunzio's bill, H.R. 13377. We also urge the Committee on Veterans Affairs of At the time that I introduced companion legislation in the House of Representatives to report this bill for action by the full the Senate, I wrote to veterans group leaders and to many House. veterans in my State asking for their views on, and their OVERSIGHT FINDINGS support for this legislation. The response was overwhelmingly positive and enthusiastic. The Executive Committee of the Pursuant to clause 2(1) (3) of Rule XI of the Rules of the House Combined Veterans of Illinois notified me of their full of Representatives, the Committee issues the following oversight approval and endorsement of the measure. Eloquent letters findings: came in bundles from supporters of the legislation; one man During the first session of the 93rd Congress, hearings were held wrote: "The Constitution of the United States of America before a special subcommittee. Testimony and statements were is the same for everybody as American citizens." received from a number of Members of Congress and veterans' organi- I can only add my hearty agreement and hope that the zations in support of the proposed legislation. During the hearings and United States finally recognizes the contributions and in subsequent meetings with the chief congressional sponsor and rights of those citizens who fought with us in the First and representatives of the groups concerned, the Committee has been Second World Wars only to be deprived of their homes and assured that in most, if not all, of the meritorious cases it will be possible their freedom by political forces beyond their control. to secure appropriate service certification. Authenticating the appro- Support for this legislation has been received from the Committee on priate military service has always created major problems in attempt- Political Education of the Service Employees International Union. ing to extend similar benefits to members of the armed forces of other On June 28, 1974, the Committee received a letter from Union Presi- Central European countries. dent George Hardy in support of the bill passed by the House last The Committee concluded that the few who would benefit under year (H.R. 13377). He said: this bill fought valiantly on the allied side; however, at the conclusion of the war, the newly established governments in their own countries, The membership of Service Employees International particularly Poland and Czechoslovakia, deprived them of the freedom Union, AFL-CIO is particularly pleased that you have for which they had fought SO long to attain. Although they have long seen fit to hold hearings on H.R. 13377, a bill to provide since been citizens of this country, and have subsequently greatly hospital and medical care to certain members of the armed enriched our Nation, technically they are not veterans of the Armed forces of Poland who served during World War I or II. Now Forces of the United States and are therefore ineligible for veterans' that the hearings are completed, we sincerely hope that you medical benefits. The Committee recognizes the important contribu- will report out that bill for action by the House of tion made by these veterans to the Allied war effort and recommends Representatives. that the limited benefits provided for in this bill be extended to I am attaching a copy of a resolution passed on Friday, these veterans. June 21, by the SEIU International Executive Board. We In regard to clause 2(1) (3) (D) of Rule XI, no oversight findings have hope that you will take swift action as a result of this been submitted to the Committee by the Committee on Government resolution. Operations In regard to clause 2(1) (3) (C) of Rule XI, no cost estimate or com- RESOLUTION OF THE INTERNATIONAL EXECUTIVE BOARD OF SERVICE parison has been submitted by the Congressional Budget Office EMPLOYEES INTERNATIONAL UNION, AFL-CIO/CLO ON POLISH relative to the provisions of H.R. 71. WAR VETERANS' BENEFITS, ADOPTED JUNE 21, 1974 INFLATIONARY IMPACT STATEMENT Legislation to provide hospital and medical care to members of armed forces of nations allied or associated with the U.S. in World With respect to clause 2(1) (4) of Rule XI, relating to the inflationary War I and World War II has been introduced in the Congress for ten impact of the reported bill, the Committee is of the opinion the limited years. No action was ever taken until this Congress. benefits provided in this bill would not be inflationary. Although the This legislation gives the recognition of a grateful nation to these Veterans' Administration advises the Committee that it is not possible men of bravery in the allied war effort by providing that they be to estimate the cost of H.R. 71 since information is not available as eligible for VA hospital and medical benefits on the same terms as. to how many individuals may qualify for benefits, the Committee feels the number of potential beneficiaries is relatively small. 6 7 ESTIMATE OF COST Under each bill, benefits would not be available to a person who is The Veterans' Administration advises the Committee that it is not entitled to payment for equivalent care and services under a' program possible to estimate the cost of H.R. 71 should it be enacted since in- established by such foreign government for persons who served in its formation is not available as to how many individuals may qualify armed forces during World War I or World War II. for benefits. As a result of the testimony received at the hearings and Section 109(a)(1) of title 38 currently authorizes the Administra- from other sources, the Committee is of the view that the number of tor, in consideration of reciprocal services extended to the United potential beneficiaries is relatively small, and in context with the ex- States and upon a reimbursable basis, to furnish hospital care, medical penditures for the overall broad veterans' programs, the actual cost services, and education, training or similar benefits to discharged of this legislation would be insignificant. members of the armed forces of the government of any nation allied, or associated, with the United States in World War I (except a nation AGENCY REPORT which was an enemy of the United States in World War II), or World War II, if such benefits are authorized by such government for its There follows the report of the Administrator of Veterans' Affairs veterans. Section 109(b) provides that persons who served in the on H.R. 71, dated July 8, 1975. active service in the armed forces of any government allied with the United States in World War II, and who at the time of entrance into VETERANS ADMINISTRATION, such service were citizens of the United States, are, if otherwise OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS, qualified, entitled to the benefits of chapters 31 and 37 of title 38 in Washington, D.C., July 8, 1975. the same manner and to the same extent as U.S. veterans of World Hon. RAY ROBERTS, War II, provided he is a resident at the time of filing a claim, and has Chairman, Committee on Veterans' Affairs, House of Representatives, not received similar benefits from the nation in whose armed forces he Washington, D.C. served. DEAR MR. CHAIRMAN: This will respond to your request for a report The proposals under consideration go much further than the pro- by the Veterans Administration on H.R. 71, H.R. 72, H.R. 2642, and visions for temporary World War II readjustment benefits. They H.R. 2643, identical 94th Congress bills, "To amend title 38, United would include many persons who were not citizens when they served States Code, to provide hospital and medical care to certain members and would provide basic hospital and medical benefits under our of the armed forces of nations allied or associated with the United continuing program. While the need for medical benefits might appear States in World War I or World War II." to be most urgent, the granting of this relief would doubtless be Each of the subject bills would amend section 109 of title 38, United followed by demands for other continuing benefits, such as compensa- States Code, to extend to any person who served during World War I tion and pension. or World War II as a member of any armed force of the Governments The general policy of Congress, except as to those benefits in section of Czechoslovakia or Poland, and participated while so serving in 109(b) of title 38, United States Code, has been to provide benefits armed conflict with an enemy of the United States, and has been a solely for veterans who served in the armed forces of the United States citizen of the United States for at least ten years, entitlement to hos- and their dependents. The extension of certain benefits (although pital care and medical services, and domiciliary care under chapter provided on a reciprocal basis in section 109(a)) to persons who served 17 of title 38. with governments allied with the United States, but who rendered There is some confusion between the eligibility provisions of these no service in the United States Armed Forces, would be a departure bills and proposed paragraph (2) of the new subsection (c), which pro- from this policy. vides that in order to assist the Administrator in making a determination We not only believe that enactment of legislation in the form of any of proper service eligibility, each applicant shall furnish an authen- of the bills pending before you on this subject would be unwise, but ticated certification from the French Ministry of Defense or the British it would be discriminatory and precedential. If medical benefits are War Office as to records in either office which clearly indicate military provided to veterans of service with the Czechoslovakian and Polish service of the applicant and subsequent service in or with the armed armed forces, it could be argued that equity would require the exten- forces of France or Great Britain during the period of World War I or sion of such benefits to those who served with the armed forces of World War II. Bulgaria, Estonia, Hungary, Latvia, Lithuania, Romania, or Yugo- The eligibility provision in subsection (c) (1) does not require sub- slavia, as well as to veterans of other allied forces such as Russia, sequent service in or with the armed forces of France or Great Britain. China, and most of the Latin American countries, who are now Moreover, since each bill would require the Veterans Administration United States citizens. to furnish care to persons made eligible on the same basis as if service As a matter of policy it would be difficult to explain to nations such had been performed in the armed forces of the United States, it would as Canada, Great Britain, Australia, New Zealand, and South Africa, appear to present an almost impossible task for VA hospital personnel why they should reimburse the Veterans Administration for medical to determine the extent of the VA medical care which can be provided, treatment provided veterans who served in their armed forces while as well as determining whether the individual has a service-incurred we provide such services at no cost for veterans of other allied forces. disability. If the Committee is to give this legislation further consider- ation, we believe that these provisions should be clarified. 8 9 with, but not in, our own armed forces during war periods served have Aside from allied veterans, many other groups who have Administrator may also pay the court costs and other expenses inci- dent to the proceedings taken for the commitment of such discharged who military service. Applying the policy of restricting benefits to those of the through the years sought to obtain benefits reserved to veterans members who are mentally incompetent to institutions for the care or treatment of the insane. has had military service, legislation to include these civilian (2) The Administrator, in carrying out the provisions of this sub- classes generally been rejected. If an exception were made for groups section, may contract for necessary services in private, State, and that of allied veterans, it might prove difficult to resist one demands or more other Government hospitals. who similar provision should be made for a variety of civilian (3) All amounts received by the Veterans' Administration as reim- served closely with our armed forces or who did alternate service groups bursement for such services shall be credited to the current appropria- as conscientious abjectors. tion of the Veterans' Administration from which expenditures were The President has called for the development of plans for a made under this subsection. of that policy, we do not believe that citizens, who are not veterans with hensive national health insurance system for all Americans. Consonant compre- (b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and VA service in the armed forces of the United States, should be who at time of entrance into such active service were citizens of the medical care benefits based purely on service with some provided other United States shall, by virtue of such service, and if otherwise quali- country. nation's armed forces rendered prior to becoming a citizen of this fied, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are It Accordingly, we oppose the enactment of any of the subject bills. entitled. No such benefit shall be extended to any person who is not for since benefits. we have no information as to how many individuals may qualify is not possible to estimate the cost of any of the subject bills, a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces he served. is of no the objection to the presentation of this report from the standpoint We are advised by the Office of Management and Budget that there (c) (1) Any person who served during World War I or World War II as a member of any armed force of the Governments of Czechoslovakia or Administration's Sincerely, program. Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least RICHARD L. ROUDEBUSH, ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services Administrator. within the United States under chapter 17 of this title to the same extent as CHANGES IN EXISTING LAW MADE BY H.R. 71, AS REPORTED if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application In compliance with clause 3 of rule XIII of the Rules of the House thereof, be entitled to, payment for equivalent care and services under a law reported, in are shown as follows (new matter is printed in italics, existing as of Representatives, changes in existing law made by the bill, program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II. which no change is proposed is shown in roman); (2) In order to assist the Administrator in making a determination of proper service eligibility under this subsection, each applicant for the SECTION 109 OF TITLE 38, UNITED STATES CODE benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such SEC. 109. BENEFITS FOR DISCHARGED MEMBERS OF ALLIED FORCES Office which clearly indicate military service of the applicant in the Czecho- slovakian or Polish armed forces and subsequent service in or with the (a) (1) In consideration of reciprocal services extended to the armed forces of France or Great Britain during the period of World War I United States, the Administrator, upon request of the proper officials or World War II. States in World War I (except any nation which was an of the of the government of any nation allied or associated with the United United States during World War II), or in World War enemy II, fur- incurred, at such rates and under such regulations as the Administra- so under agreements requiring reimbursement in cash of expenses nish to discharged members of the armed forces of such government, may tion may prescribe, medical, surgical, and dental treatment, hospital education, training, or similar benefits authorized by the laws of such care, transportation and traveling expenses, prosthetic appliances, be afforded under this section, except in emergencies, unless there fits. Hospitalization in a Veterans' Administration facility shall not nation for its veterans, and services required in extending such bene- available beds surplus to the needs of veterans of this country. The are CORRECTED SHEET H. R. 71 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To amend title 38, United States Code, to provide hospital and medical care to certain members of the armed forces of nations allied or associated with the United States in World War I or World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 109 of title 38, United States Code, is amended by adding at the end thereof the following: "(c) (1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czech- oslovakia or Poland and participated while SO serving in armed con- flict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and dom- iciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program estab- lished by the foreign government concerned for persons who served in its armed forces in World War I or World War II. "(2) In order to assist the Administrator in making a determina- tion of proper service eligibility under this subsection, each appli- cant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.". Speaker of the House of Representatives. Vice President of the United States and President of the Senate.