[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 96 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 96

 To require the Secretary of the Army to determine the validity of the 
  claims of certain Filipinos that they performed military service on 
            behalf of the United States during World War II.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Inouye introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to determine the validity of the 
  claims of certain Filipinos that they performed military service on 
            behalf of the United States 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. DETERMINATIONS BY THE SECRETARY OF THE ARMY.

    (a) In General.--Upon the written application of any person who is 
a national of the Philippine Islands, the Secretary of the Army shall 
determine whether such person performed any military service in the 
Philippine Islands in aid of the Armed Forces of the United States 
during World War II which qualifies such person to receive any 
military, veterans', or other benefits under the laws of the United 
States.
    (b) Information To Be Considered.--In making a determination for 
the purpose of subsection (a), the Secretary shall consider all 
information and evidence (relating to service referred to in subsection 
(a)) available to the Secretary, including information and evidence 
submitted by the applicant, if any.

SEC. 2. CERTIFICATE OF SERVICE.

    (A) Issuance of Certificate of Service.--The Secretary shall issue 
a certificate of service to each person determined by the Secretary to 
have performed military service described in section 1(a).
    (b) Effect of Certificate of Service.--A certificate of service 
issued to any person under subsection (a) shall, for the purpose of any 
law of the United States, conclusively establish the period, nature, 
and character of the military service described in the certificate.

SEC. 3. APPLICATIONS BY SURVIVORS.

    An application submitted by a surviving spouse, child, or parent of 
a deceased person described in section 1(a) shall be treated as an 
application submitted by such person.

SEC. 4. LIMITATION PERIOD.

    The Secretary may not consider for the purpose of this Act any 
application received by the Secretary more than two years after the 
date of enactment of this Act.

SEC. 5. PROSPECTIVE APPLICATION OF DETERMINATIONS BY THE SECRETARY OF 
              THE ARMY.

    No benefits shall accrue to any person for any period prior to the 
date of enactment of this Act as a result of the enactment of this Act.

SEC. 6. REGULATIONS.

    The Secretary shall issue regulations to carry out sections 1, 3, 
and 4.

SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF VETERANS AFFAIRS.

    Any entitlement of a person to receive veterans' benefits by reason 
of this Act shall be administered by the Department of Veterans Affairs 
pursuant to regulations issued by the Secretary of Veterans Affairs.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) The term ``Secretary'' means the Secretary of the Army.
            (2) The term ``World War II'' means the period beginning on 
        December 7, 1941, and ending on December 31, 1946.
                                 <all>