[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 79 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 79

 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 24, 2005

  Mr. Inouye introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 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)) that is 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 of the Army 
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 of the Army may not consider for the purpose of this 
Act any application received by the Secretary more than two years after 
the date of the 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 before the 
date of the enactment of this Act as a result of the enactment of this 
Act.

SEC. 6. REGULATIONS.

    The Secretary of the Army shall prescribe 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 prescribed by the Secretary of Veterans 
Affairs.

SEC. 8. DEFINITION.

    In this Act, the term ``World War II'' means the period beginning 
on December 7, 1941, and ending on December 31, 1946.
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