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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States of America his copyrights in all of his unpublished writings in National Archives collections.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.