[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S453-S454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 146. A bill to amend title 38, United States Code, to deem certain 
service in the organized military forces of the Government of the 
Commonwealth of the Philippines 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.
  Mr. INOUYE. Mr. President, many of you know of my continued support 
and 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 by 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 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 more died in battle. Shortly after Japan's surrender, 
the Congress 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 
passed 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 for Filipino veterans to 50 
percent of what their American counterparts receive.
  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 Filipino Veterans Equity Act, which I introduce today, would 
restore the benefits due to these veterans by granting full recognition 
of service for the sacrifices they made during World War II. These 
benefits include veterans health care, service-connected disability 
compensation, non-service connected disability compensation, dependent 
indemnity compensation, death pension, and full burial benefits.
  Throughout the years, I have sponsored several measures to rectify 
the lack of appreciation America has shown to these 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. Of the 120,000 that served in the Commonwealth Army during 
World War II, there are approximately 60,000 Filipino veterans 
currently residing in the United States and the Philippines. According 
to the Department of Veterans Affairs, the Filipino veteran population 
is expected to decrease to approximately 20,000 or roughly one-third of 
the current population by 2010.
  Heroes should never be forgotten or ignored; let us not turn our 
backs on those who sacrificed so much. Let us instead work to repay all 
of these brave men for their sacrifices by providing them the veterans' 
benefits they deserve.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 146

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S454]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Filipino Veterans Equity Act 
     of 2005''.

     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 ``not'' after ``Army of the United States, 
     shall''; and
       (B) by striking ``, except benefits under--'' and all that 
     follows in that subsection and inserting a period;
       (2) in subsection (b)--
       (A) by striking ``not'' after ``Armed Forces Voluntary 
     Recruitment Act of 1945 shall''; and
       (B) by striking ``except--'' and all that follows in that 
     subsection and inserting a period; and
       (3) by striking subsections (c) and (d).
       (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 January 1, 2005.
       (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.
                                 ______