[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S69-S70]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 68. 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; to 
the Committee on Veterans' Affairs.
  Mr. INOUYE. Mr. President, I am reintroducing legislation today that 
would direct the Secretary of the Army to determine whether certain 
nationals of the Philippine Islands performed military service on 
behalf of the United States during World War II.
  Our Filipino veterans fought side by side with Americans and 
sacrificed their lives on behalf of the United States. This legislation 
would confirm the validity of their claims and further allow qualified 
individuals the opportunity to apply for military and veterans benefits 
that, I believe, they are entitled to. As this population becomes 
older, it is important for our nation to extend its firm commitment to 
the Filipino veterans and their families who participated in making us 
the great Nation that we are today.
  Mr. President, I ask unanimous consent that the text of the 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. 68

       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

[[Page S70]]

     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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