[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[Senate]
[Pages S5698-S5699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS--JUNE 17, 2002

      By Mr. INOUYE.
  S. 2630. A bill to amend title 38, United States Code, to improve 
benefits for Filipino veterans of World War II and surviving spouses of 
such veterans, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. INOUYE. Mr. President, today I rise to introduce legislation that 
would amend Title 38 of the United States Code to provide health care 
and burial benefits to all Filipino veterans of World War II and their 
spouses who reside in the United States.
  Many of you are aware of my continued advocacy on the importance of 
addressing the plight of Filipino World War II veterans. As an 
American, I believe the treatment of Filipino World War II veterans is 
bleak and shameful. The Philippines became a United States possession 
in 1898, when it was ceded from Spain following the Spanish-American 
War. In 1934, the Congress enacted the Philippine Independence Act, 
Public Law 73-127, which provided a 10-year time frame for the 
independence of the Philippines. Between 1934 and final independence in 
1946, the United States retained certain powers over the Philippines, 
including the right to call all military forces organized by the newly-
formed Commonwealth government into the service of the United States 
Armed Forces.
  The Commonwealth Army of the Philippines was called to serve with the 
United States Armed Forces in the Far East during World War II under 
President Roosevelt's July 26, 1941 military order. The Filipinos who 
served were entitled to full veterans' benefits by reason of their 
active service with our armed forces. Hundreds were wounded in battle 
and many hundreds died in battle. Shortly after Japan's surrender, the 
Congress also enacted the Armed Forces Voluntary Recruitment Act of 
1945 for the purpose of sending Filipino troops to occupy enemy lands, 
and to oversee military installations at various overseas locations. 
These troops were authorized to receive pay and allowances for services 
performed throughout the Western Pacific. Although hostilities had 
ceased, wartime service of these troops continued as a matter of law 
until the end of 1946.
  Despite all of their sacrifices, on February 18, 1946, the Congress 
enacted the Rescission Act of 1946, now codified as Section 107 of 
Title 38 of the United States Code. The 1946 Act deemed that the 
service performed by these Filipino veterans would not be recognized as 
``active service'' for the purpose of any U.S. law conferring ``rights, 
privileges, or benefits.'' Accordingly, Section 107 denied Filipino 
veterans access to health care, particularly for non-service-connected 
disabilities, and pension benefits. Section 107 also limited service-
connected disability and death compensation to 50 percent of what is 
received by their American counterparts.
  On May 27, 1946, the Congress enacted the Second Supplemental 
Surplus Appropriations Rescission Act, which duplicated the language 
that had eliminated Filipino veterans' benefits under the First 
Rescission Act. Thus, Filipino veterans who fought in the service of 
the United States during World War II have been precluded from 
receiving most of the veterans' benefits that had been available to 
them before 1946, and that are available to all other veterans of our 
armed forces regardless of race, national origin, or citizenship 
status.

  The Health Care for Filipino World War II Veterans Act includes four 
provisions: health care and nursing home care access for Filipino 
veterans residing in the United States; dependency and indemnity 
compensation for surviving spouses of certain Filipino veterans, 
provided the surviving spouse lives in the United States; an increase 
in the payment amount from 50 to 100 percent for service-connected 
disability compensation for new Philippine Scout veterans residing in 
the United States and burial benefits for new Philippine Scout 
veterans. All these measures will assist Filipino veterans in their 
twilight years, and the bill is fully supported by the Department of 
Veterans Affairs.
  Throughout the years, I have sponsored several measures to rectify 
the lack of appreciation America has shown to those gallant men and 
women who stood in harm's way with our American soldiers and fought the 
common enemy during World War II. It is time that we, as a Nation, 
recognize our long-standing history and friendship with the 
Philippines. The legislation I introduce today will remove the burden 
of health care and burial costs for a very deserving group of highly 
decorated individuals: members of the Filipino Commonwealth Army and 
new Philippine Scouts who valiantly fought with the Allied forces in 
the Second World War. These groups have been neglected by the United 
States Congress.
  Heroes should never be forgotten or ignored; let us not turn our 
backs on those who sacrificed so much. Let us now work to repay all of 
these brave men and women for their sacrifices by providing them the 
veterans' benefits they deserve. I urge my colleagues to support this 
measure.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2630

       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 ``Health Care for Filipino 
     World War II Veterans Act''.

     SEC. 2. ELIGIBILITY FOR HEALTH CARE OF CERTAIN ADDITIONAL 
                   FILIPINO WORLD WAR II VETERANS RESIDING IN THE 
                   UNITED STATES.

       The text of section 1734 of title 38, United States Code, 
     is amended to read as follows:
       ``(a) The Secretary shall furnish hospital and nursing home 
     care and medical services to any individual described in 
     subsection (b) in the same manner, and subject to the same 
     terms and conditions, as apply to the furnishing of such care 
     and services to individuals who are veterans as defined in 
     section 101(2) of this title. Any disability of an individual 
     described in subsection (b) that is a service-connected 
     disability for purposes of this subchapter (as provided for 
     under section 1735(2) of this title) shall be considered to 
     be a service-connected disability for purposes of furnishing 
     care and services under the preceding sentence.
       ``(b) Subsection (a) applies to any individual who is a 
     Commonwealth Army veteran or new Philippine Scout and who--
       ``(1) is residing in the United States; and
       ``(2) is a citizen of the United States or an alien 
     lawfully admitted to the United States for permanent 
     residence.''.

     SEC. 3. RATE OF PAYMENT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION FOR SURVIVING SPOUSES OF CERTAIN 
                   FILIPINO VETERANS.

       (a) Rate of Payment.--Subsection (c) of section 107 of 
     title 38, United States Code, is amended by inserting ``, and 
     under chapter 13 of this title,'' after ``chapter 11 of this 
     title''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on

[[Page S5699]]

     the date of enactment of this Act and shall apply to benefits 
     paid for months beginning on or after that date.

     SEC. 4. RATE OF PAYMENT OF COMPENSATION BENEFITS FOR NEW 
                   PHILIPPINE SCOUTS RESIDING IN THE UNITED 
                   STATES.

       (a) Rate of Payment.--Section 107 of title 38, United 
     States Code, as amended by section 3(a), is further amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Payments'' and inserting ``Except as provided in subsection 
     (c) or (d), payments''; and
       (2) in subsection (c)--
       (A) by inserting ``or (b)'' after ``subsection (a)'' the 
     first place it appears; and
       (B) by striking ``subsection (a)'' the second place it 
     appears and inserting ``the applicable subsection''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to benefits paid for months beginning on or 
     after that date.

     SEC. 5. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS.

       (a) Benefit Eligibility.--Subsection (b)(2) of section 107 
     of title 38, United States Code, is amended--
       (1) by striking ``and''; and
       (2) by inserting ``, 23, and 24 (to the extent provided for 
     in section 2402(8) of this title)'' after ``1312(a))''.
       (b) Benefit Rate for Certain Persons in the United 
     States.--Subsection (d) of such section is amended--
       (1) in paragraph (1), by inserting ``or subsection (b), as 
     the case may be,'' after ``subsection (a)''; and
       (2) in paragraph (2), by inserting ``, or whose service is 
     described in subsection (b) and who dies on or after the date 
     of the enactment of the Health Care for Filipino World War II 
     Veterans Act'' in the matter preceding subparagraph (A) after 
     ``this subsection''.
       (c) Conforming Amendment.--Section 2402(8) of such title is 
     amended by inserting ``or 107(b)'' after ``107(a)''.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to deaths occurring on or after the 
     date of enactment of this Act.

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