[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6897 Received in Senate (RDS)]
2d Session
H. R. 6897
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23 (legislative day, September 17), 2008
Received
_______________________________________________________________________
AN ACT
To authorize the Secretary of Veterans Affairs to make certain payments
to eligible persons who served in the Philippines during World War II.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans Equity Act of
2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Philippine islands became a United States
possession in 1898 when they were ceded from Spain following
the Spanish-American War.
(2) During World War II, Filipinos served in a variety of
units, some of which came under the direct control of the
United States Armed Forces.
(3) The regular Philippine Scouts, the new Philippine
Scouts, the Guerilla Services, and more than 100,000 members of
the Philippine Commonwealth Army were called into the service
of the United States Armed Forces of the Far East on July 26,
1941, by an executive order of President Franklin D. Roosevelt.
(4) Even after hostilities had ceased, wartime service of
the new Philippine Scouts continued as a matter of law until
the end of 1946, and the force gradually disbanded and was
disestablished in 1950.
(5) Filipino veterans who were granted benefits prior to
the enactment of the so-called Rescissions Acts of 1946 (Public
Laws 79-301 and 79-391) currently receive full benefits under
laws administered by the Secretary of Veterans Affairs, but
under section 107 of title 38, United States Code, the service
of certain other Filipino veterans is deemed not to be active
service for purposes of such laws.
(6) These other Filipino veterans only receive certain
benefits under title 38, United States Code, and, depending on
where they legally reside, are paid such benefit amounts at
reduced rates.
(7) The benefits such veterans receive include service-
connected compensation benefits paid under chapter 11 of title
38, United States Code, dependency indemnity compensation
survivor benefits paid under chapter 13 of title 38, United
States Code, and burial benefits under chapters 23 and 24 of
title 38, United States Code, and such benefits are paid to
beneficiaries at the rate of $0.50 per dollar authorized,
unless they lawfully reside in the United States.
(8) Dependents' educational assistance under chapter 35 of
title 38, United States Code, is also payable for the
dependents of such veterans at the rate of $0.50 per dollar
authorized, regardless of the veterans' residency.
SEC. 3. PAYMENTS TO ELIGIBLE PERSONS WHO SERVED IN THE PHILIPPINES
DURING WORLD WAR II.
(a) Compensation Fund.--
(1) In general.--There is in the general fund of the
Treasury a fund to be known as the ``Filipino Veterans Equity
Compensation Fund'' (in this section referred to as the
``compensation fund'').
(2) Availability of funds.--Subject to the availability of
appropriations for such purpose, amounts in the fund shall be
available to the Secretary of Veterans Affairs without fiscal
year limitation to make payments to eligible persons in
accordance with this section.
(b) Payments.--During the one-year period beginning on the date of
the enactment of this Act, the Secretary shall make a payment to an
eligible person who, during such period, submits to the Secretary an
application containing such information and assurances as the Secretary
may require.
(c) Eligible Persons.--An eligible person is any person who
served--
(1) before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines, while
such forces were in the service of the Armed Forces of the
United States pursuant to the military order of the President
dated July 26, 1941, including among such military forces
organized guerrilla forces under commanders appointed,
designated, or subsequently recognized by the Commander in
Chief, Southwest Pacific Area, or other competent authority in
the Army of the United States; or
(2) in the Philippine Scouts under section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 (59 Stat. 538).
(d) Payment Amounts.--Each payment under this section shall be--
(1) in the case of an eligible person who is not a citizen
of the United States, in the amount of $9,000; and
(2) in the case of an eligible person who is a citizen of
the United States, in the amount of $15,000.
(e) Limitation.--The Secretary may not make more than one payment
under this section for each person described in subsection (f).
(f) Eligibility of Individuals Living Outside the United States
Entitled to Certain Social Security Benefits.--Receipt of a payment
under this section shall not affect the eligibility of an individual
residing outside the United States to receive benefits under title VIII
of the Social Security Act (42 U.S.C. 1001 et seq.) or the amount of
such benefits.
(g) Release.--
(1) In general.--Except as provided in paragraph (2), the
acceptance by an eligible person of a payment under this
section shall be final, and shall constitute a complete release
of any claim against the United States by reason of any service
described in subsection (c).
(2) Payment of previously awarded benefits.--Nothing in
this section shall prohibit a person from receiving any benefit
to which the person is entitled based on a claim for which
benefits are awarded before the date of the enactment of this
Act.
(h) Reports.--The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget for
each fiscal year in which payments are made from the compensation fund
under this section, detailed information on the operation of the
compensation fund, including the number of applicants, the number of
eligible persons receiving benefits, the amounts paid out of the
compensation fund, and the administration of the compensation fund.
(i) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out this section.
(j) Authorization of Appropriation.--There is authorized to be
appropriated to the compensation fund $198,000,000, to remain available
until expended, to make payments under this section.
Passed the House of Representatives September 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.