[Congressional Record Volume 143, Number 48 (Tuesday, April 22, 1997)]
[Senate]
[Pages S3423-S3424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself and Mr. Akaka):
  S. 623. A bill to amend title 38, United States Code, to deem certain 
service in the organized military forces of the

[[Page S3424]]

Government of the Commonwealth of the Phillipines and the Philippine 
Scouts to have been active service for purposes of benefits under 
programs administered by the Secretary of Veterans Affairs; to the 
Committee on Veterans Affairs.


                THE FILIPINO VETERANS EQUITY ACT OF 1997

  Mr. INOUYE. Mr. President, I rise to introduce legislation which 
amends title 38, United States Code, to restore full veterans' 
benefits, by reason of service to certain organized military forces of 
the Philippine Commonwealth Army and the Philippine Scouts.
  On July 26, 1942, President Roosevelt issued a military order that 
called members of the Philippine Commonwealth Army into the service of 
the U.S. Forces of the Far East. Under the command of Gen. Douglas 
MacArthur, our Filipino allies joined American soldiers in fighting 
some of the most fiercest battles of World War II.
  From the onset of the war through February 18, 1946, Filipinos who 
were called into service under President Roosevelt's order were 
entitled to full veterans' benefits by reason of their active service 
in our Armed Forces. Unfortunately, on February 18, 1946, the Congress 
enacted the Rescission Act of 1946 (now codified as section 107, title 
38, United States Code), which states that service performed by these 
Filipino veterans is not deemed as active service for purposes of any 
law of the United States conferring rights, privileges, or benefits. On 
May 27, 1946, the Congress extended the limitation on benefits to the 
new Philippine Scouts units.
  Interestingly enough, section 107 denied Filipino veterans access to 
health care, particularly for nonservice connected disability, and 
denied them other benefits such as pensions and home loan guarantees. 
Additionally, section 107 limited the benefits received for service-
connected disabilities and death compensation to 50 percent of what was 
received by their American counterparts.
  As a result, Filipino veterans sued to obtain relief from this 
discriminatory treatment. The U.S. District Court for the District of 
Columbia, on May 12, 1989, in Quiban versus U.S. Veterans 
Administration, declared section 107 unconstitutional. However, the 
U.S. Court of Appeals for the District of Columbia reversed that ruling 
and the veterans did not file a petition for certiorari to the U.S. 
Supreme Court. Thus, the Congress is the only hope for rectifying this 
injustice.
  For many years, Filipino veterans of World War II have sought to 
correct this injustice by seeking equal treatment for their valiant 
military service in our Armed Forces. We must not ignore the 
recognition they duly deserve as U.S. veterans. Accordingly, I urge my 
colleagues to support this measure which would restore full veterans' 
benefits, by reason of service, to our Filipino allies of World War II.
  Mr. President, I ask unanimous consent that the text of my bill be 
placed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 623

       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 1997''.

     SEC. 2. CERTAIN SERVICE IN THE ORGANIZED MILITARY FORCES OF 
                   THE PHILIPPINES AND THE PHILIPPINE SCOUTS 
                   DEEMED TO BE ACTIVE SERVICE.

       (a) In General.--Section 107 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking out ``not'' after ``Army of the United 
     States, shall''; and
       (B) by striking out ``, except benefits under--'' and all 
     that follows and inserting in lieu thereof a period; and
       (2) in subsection (b)--
       (A) by striking out ``not'' after ``Armed Forces Voluntary 
     Recruitment Act of 1945 shall''; and
       (B) by striking out ``except--'' and all that follows and 
     inserting in lieu thereof a period.
       (b) Conforming Amendments.--(1) The heading of such section 
     is amended to read as follows:

     Sec. 107. Certain service deemed to be active service: 
       service in organized military forces of the Philippines and 
       in the Philippine Scouts''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 1 of such title is 
     amended to read as follows:
``107. Certain service deemed to be active service: service in 
              organized military forces of the Philippines and in the 
              Philippine Scouts.''.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--The amendments made by this Act shall take 
     effect on the date of enactment of this Act.
       (b) Applicability.--No benefits shall accrue to any person 
     for any period before the effective date of this Act by 
     reason of the amendments made by this Act.

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