[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 170 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 170

To amend title 38, United States Code, to improve benefits for Filipino 
           veterans of World War II, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

    Ms. Millender-McDonald introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to improve benefits for Filipino 
           veterans of World War II, and for other purposes.

    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 Fairness Act''.

SEC. 2. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY 
              PENSION.

    (a) Eligibility.--Section 107 of title 38, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3) of the first sentence, by 
                inserting ``15,'' before ``23,''; and
                    (B) in the second sentence, by striking 
                ``subsection (c) or (d)'' and inserting ``subsections 
                (c), (d), and (e)'' ; and
            (2) in subsection (b)--
                    (A) in paragraph (2) of the first sentence, by 
                inserting ``15,'' before ``23,''; and
                    (B) in the second sentence, by striking 
                ``subsection (c) or (d)'' and inserting ``subsections 
                (c), (d), and (e)''.
    (b) Rate of Payment.--That section is further amended by adding at 
the end the following new subsection:
    ``(e) In the case of benefits under chapter 15 of this title paid 
by reason of service described in subsection (a) or (b)--
            ``(1) if the benefits are paid to an individual residing in 
        the United States who is a citizen of, or an alien lawfully 
        admitted for permanent residence in, the United States, the 
        second sentence of the applicable subsection shall not apply; 
        and
            ``(2) if the benefits are paid to an individual residing in 
        the Republic of the Philippines, the benefits shall be paid 
        (notwithstanding any other provision of law) at the rate of 
        $100 per month.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
benefits for months beginning on or after that date.

SEC. 3. ELIGIBILITY FOR VOCATIONAL REHABILITATION.

    (a) Eligibility.--Section 107 of title 38, United States Code, as 
amended by this Act, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (3) of the first sentence--
                            (i) by striking ``and'' before ``24''; and
                            (ii) by inserting ``, and chapter 31'' 
                        before ``of this title'';
                    (B) in the second sentence, by striking ``and (e)'' 
                and inserting ``(e), and (f)''; and
            (2) in subsection (b)--
                    (A) in paragraph (2) of the first sentence--
                            (i) by striking ``and'' before ``24''; and
                            (ii) by inserting ``, and chapter 31'' 
                        before ``of this title'';
                    (B) in the second sentence, by striking ``and (e)'' 
                and inserting ``(e), and (f)''.
    (b) Rate of Payment.--That section is further amended by adding at 
the end the following new subsection:
    ``(f) In the case of benefits under chapter 31 of this title paid 
by reason of service described in subsection (a) or (b), if the 
benefits are paid to an individual residing in the United States who is 
a citizen of, or an alien lawfully admitted for permanent residence in, 
the United States, the second sentence of the applicable subsection 
shall not apply.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
benefits for months beginning on or after that date.

SEC. 4. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE 
              PHILIPPINES.

    (a) In General.--Subchapter IV of chapter 17 of title 38, United 
States Code, is amended--
            (1) by redesignating section 1735 as section 1736; and
            (2) by inserting after section 1734 the following new 
        section 1735:
``Sec. 1735. Outpatient care and services for World War II veterans 
              residing in the Philippines
    ``(a) Outpatient Health Care.--The Secretary shall furnish care and 
services to veterans of World War II, Commonwealth Army veterans, and 
new Philippine Scouts for the treatment of the service-connected 
disabilities and nonservice-connected disabilities of such veterans and 
scouts residing in the Republic of the Philippines on an outpatient 
basis at the Manila VA Outpatient Clinic.
    ``(b) Limitations.--(1) The amount expended by the Secretary for 
the purpose of subsection (a) in any fiscal year may not exceed 
$500,000.
    ``(2) The authority of the Secretary to furnish care and services 
under subsection (a) is effective in any fiscal year only to the extent 
that appropriations are available for that purpose.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by striking the item relating to 
section 1735 and inserting the following new items:

``1735. Outpatient care and services for World War II veterans residing 
                            in the Philippines.
``1736. Definitions.''.

SEC. 5. ELIGIBILITY FOR HOUSING LOANS.

    Section 3701(b) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(6) The term `veteran' also includes an individual who is 
        a Commonwealth Army veteran (as defined in subsection (a) of 
        section 3566 of this title), or a new Philippine Scout (as 
        defined in subsection (b) of such section) who resides in the 
        United States.''.

SEC. 6. EDUCATIONAL BENEFITS FOR SPOUSES AND DEPENDENTS.

    (a) Inclusion of Spouses.--Section 3565(a) of title 38, United 
States Code, is amended to read as follows:
    ``(a) The term `eligible person' as used in section 3501(a)(1) of 
this title includes the spouse, surviving spouse, and child of a 
Commonwealth Army veteran or a `New' Philippine Scouts in the same 
manner as a spouse, surviving spouse, and child of a person who meets 
the requirements of service-connected disability or death under such 
section, based on service as defined in section 3566 of this title.''.
    (b) Increase in Rates Payable for Dependents Residing in the United 
States.--Section 3565(b) of such title is amended--
            (1) by striking ``children'' in the matter preceding 
        paragraph (1) and inserting ``a spouse, surviving spouse, or 
        child'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) in paragraph (1) by striking ``, and'' and inserting 
        ``in the case of a spouse, surviving spouse, or child residing 
        in the Philippines,''; and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) notwithstanding section 3532(d) of this title, 
        educational assistance allowances authorized by section 3532 of 
        this title and the special training allowance authorized by 
        section 3542 of this title shall be paid at the rate of $1.00 
        for each dollar in the case of a spouse, surviving spouse, or 
        child residing in the United States, and''.

SEC. 7. ELIGIBILITY FOR BENEFITS FOR JOB COUNSELING, TRAINING, AND 
              PLACEMENT.

    (a) Veterans.--Section 4101(4) of title 38, United States Code, is 
amended by inserting before the period the following: ``, and includes 
a Commonwealth Army veteran (as defined in subsection (a) of section 
3566 of this title), or a new Philippine Scout (as defined in 
subsection (b) of such section)''.
    (b) Dependents.--Section 4104(5) of such title is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or'' and
            (3) by adding at the end the following new subparagraph:
                    ``(D) the spouse or child of a Commonwealth Army 
                veteran (as defined in subsection (a) of section 3566 
                of this title), or a new Philippine Scout (as defined 
                in subsection (b) of such section).''.

SEC. 8. REPRESENTATION ON ADVISORY COMMITTEE ON MINORITY VETERANS.

    Section 544(a)(2) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
    ``(D) The Secretary shall ensure that at least one member of the 
Committee each year is a Commonwealth Army veteran (as defined in 
subsection (a) of section 3566 of this title), or a new Philippine 
Scout (as defined in subsection (b) of such section).''.
                                 <all>