Filipino WW2 U.S. Veterans Fight 4 Equity

H.R. 1 & S. 366

Filing of FVEC Claims thru the VA
Advocacy for FVEC
FVEC, Equity or Not Equity?
Ongoing Lobby post FVEC
Filvets Excluded from "Missouri List"
Sgt Realuyo: Bury Me @ Arlington
FVEC in the Media
H.R. 1 & S. 366
Lobby for S.366
H.R. 2638
Other Bills Enacted to Law
Pending Bills
Legislation GRAVEYARD
H.R. 6897
S. 1315 & S.A. 4572
S. 1315: the Democrats & the Republicans
The American Legion & Other Oppositionists
Senate & House Honoring Filvets
Legislative Reports
Legislative Testimonies
Supporters 4 Filvets
In Their Own Words
PhilAm Organizations & Activists
Immigration & Nationality Act
Hibi & Other Court Cases
Gregorio Rivera's Citizenship
Rescission Acts of 1946
U.S. Presidents & the Filvets
A Plea for U.S. Apology
Philippine Presidents & the Filvets
Filipino WW2 U.S. Veterans Name List A-Z
Balitang Beterano by Col Quesada 2002
Balitang Beterano by Col Quesada 2003
Balitang Beterano by Col Quesada 2004
Balitang Beterano by Col Quesada 2005-2007
Ordeal in War's Hell by Col Quesada
Freedom @ Dawn by Col Quesada
Col Frank Quesada, RIP




111th Congress Public Law 5]

[From the U.S. Government Printing Office]


[[Page 123 STAT. 115]]


Public Law 111-5

111th Congress


                                 An Act




 Making supplemental appropriations for job preservation and creation,

infrastructure investment, energy efficiency and science, assistance to

the unemployed, and State and local fiscal stabilization, for the fiscal

year ending September 30, 2009, and for other purposes. <<NOTE: Feb. 17,

                           2009 -  [H.R. 1]>>


    Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, <<NOTE: American

Recovery and Reinvestment Act of 2009.>>


SECTION 1. <<NOTE: 26 USC 1 note.>> SHORT TITLE.


    This Act may be cited as the ``American Recovery and Reinvestment

Act of 2009''.




    The table of contents for this Act is as follows:






[[Page 123 STAT. 200]]


                        Administrative Provision


    Sec. 1002. <<NOTE: 38 USC 107 note.>> Payments to Eligible Persons

Who Served in the United States Armed Forces in the Far East During

World War II.  (a) Findings.--Congress makes the following findings:

            (1) The Philippine islands became a United States possession

        in 1898 when they were ceded from Spain following the Spanish-

        American War.

            (2) During World War II, Filipinos served in a variety of

        units, some of which came under the direct control of the United

        States Armed Forces.

            (3) The regular Philippine Scouts, the new Philippine

        Scouts, the Guerrilla Services, and more than 100,000 members of

        the Philippine Commonwealth Army were called into the service of

        the United States Armed Forces of the Far East on July 26, 1941,

        by an executive order of President Franklin D. Roosevelt.

            (4) Even after hostilities had ceased, wartime service of

        the new Philippine Scouts continued as a matter of law until the

        end of 1946, and the force gradually disbanded and was

        disestablished in 1950.

            (5) Filipino veterans who were granted benefits prior to the

        enactment of the so-called Rescissions Acts of 1946 (Public Laws

        79-301 and 79-391) currently receive full benefits under laws

        administered by the Secretary of Veterans Affairs, but under

        section 107 of title 38, United States Code, the service of

        certain other Filipino veterans is deemed not to be active

        service for purposes of such laws.

            (6) These other Filipino veterans only receive certain

        benefits under title 38, United States Code, and, depending on

        where they legally reside, are paid such benefit amounts at

        reduced rates.

            (7) The benefits such veterans receive include service-

        connected compensation benefits paid under chapter 11 of title

        38, United States Code, dependency indemnity compensation

        survivor benefits paid under chapter 13 of title 38, United

        States Code, and burial benefits under chapters 23 and 24 of

        title 38, United States Code, and such benefits are paid to

        beneficiaries at the rate of $0.50 per dollar authorized, unless

        they lawfully reside in the United States.

            (8) Dependents' educational assistance under chapter 35 of

        title 38, United States Code, is also payable for the dependents

        of such veterans at the rate of $0.50 per dollar authorized,

        regardless of the veterans' residency.


    (b) Compensation Fund.--

            (1) In General.--There is in the general fund of the

        Treasury a fund to be known as the ``Filipino Veterans Equity

        Compensation Fund'' (in this section referred to as the

        ``compensation fund'').

            (2) Availability of Funds.--Subject to the availability of

        appropriations for such purpose, amounts in the fund shall be

        available to the Secretary of Veterans Affairs without fiscal

        year limitation to make payments to eligible persons in

        accordance with this section.


    (c) Payments.--


[[Page 123 STAT. 201]]


            (1) In General.--The Secretary may make a payment from the

        compensation fund to an eligible person who, during the one-year

        period beginning on the date of the enactment of this Act,

        submits to the Secretary a claim for benefits under this

        section. The application for the claim shall contain such

        information and evidence as the Secretary may require.

            (2) Payment to Surviving Spouse.--If an eligible person who

        has filed a claim for benefits under this section dies before

        payment is made under this section, the payment under this

        section shall be made instead to the surviving spouse, if any,

        of the eligible person.


    (d) Eligible Persons.--An eligible person is any person who--

            (1) served--

                    (A) before July 1, 1946, in the organized military

                forces of the Government of the Commonwealth of the

                Philippines, while such forces were in the service of

                the Armed Forces of the United States pursuant to the

                military order of the President dated July 26, 1941,

                including among such military forces organized guerrilla

                forces under commanders appointed, designated, or

                subsequently recognized by the Commander in Chief,

                Southwest Pacific Area, or other competent authority in

                the Army of the United States; or

                    (B) in the Philippine Scouts under section 14 of the

                Armed Forces Voluntary Recruitment Act of 1945 (59 Stat.

                538); and

            (2) was discharged or released from service described in

        paragraph (1) under conditions other than dishonorable.


    (e) Payment Amounts.--Each payment under this section shall be--

            (1) in the case of an eligible person who is not a citizen

        of the United States, in the amount of $9,000; and

            (2) in the case of an eligible person who is a citizen of

        the United States, in the amount of $15,000.


    (f) Limitation.--The Secretary may not make more than one payment

under this section for each eligible person described in subsection (d).

    (g) Clarification of Treatment of Payments Under Certain Laws.--

Amounts paid to a person under this section--

            (1) shall be treated for purposes of the internal revenue

        laws of the United States as damages for human suffering; and

            (2) shall not be included in income or resources for

        purposes of determining--

                    (A) eligibility of an individual to receive benefits

                described in section 3803(c)(2)(C) of title 31, United

                States Code, or the amount of such benefits;

                    (B) eligibility of an individual to receive benefits

                under title VIII of the Social Security Act, or the

                amount of such benefits; or

                    (C) eligibility of an individual for, or the amount

                of benefits under, any other Federal or federally

                assisted program.


    (h) Release.--

            (1) In General.--Except as provided in paragraph (2), the

        acceptance by an eligible person or surviving spouse, as

        applicable, of a payment under this section shall be final,


[[Page 123 STAT. 202]]


        and shall constitute a complete release of any claim against the

        United States by reason of any service described in subsection


            (2) Payment of Prior Eligibility Status.--Nothing in this

        section shall prohibit a person from receiving any benefit

        (including health care, survivor, or burial benefits) which the

        person would have been eligible to receive based on laws in

        effect as of the day before the date of the enactment of this



    (i) Recognition of Service.--The service of a person as described in

subsection (d) is hereby recognized as active military service in the

Armed Forces for purposes of, and to the extent provided in, this


    (j) Administration.--

            (1) <<NOTE: Applications. Instructions.>> The Secretary

        shall promptly issue application forms and instructions to

        ensure the prompt and efficient administration of the provisions

        of this section.

            (2) The Secretary shall administer the provisions of this

        section in a manner consistent with applicable provisions of

        title 38, United States Code, and other provisions of law, and

        shall apply the definitions in section 101 of such title in the

        administration of such provisions, except to the extent

        otherwise provided in this section.


    (k) Reports.--The Secretary shall include, in documents submitted to

Congress by the Secretary in support of the President's budget for each

fiscal year, detailed information on the operation of the compensation

fund, including the number of applicants, the number of eligible persons

receiving benefits, the amounts paid out of the compensation fund, and

the administration of the compensation fund for the most recent fiscal

year for which such data is available.

    (l) Authorization of Appropriation.--There is authorized to be

appropriated to the compensation fund $198,000,000, to remain available

until expended, to make payments under this section.


 the $198 million Filipino WW11 U.S. Veterans provision was inserted by Sen Daniel Inouye as part of the American Recovery and Reinvestment Act of 2009 Senate Bill #366 also known as the economic stimulus plan signed President Barack Obama.

2/13/2009  Senate S.366 passed w/ 60 Yes votes (all Democrats w/ 3 Republicans-Senators Collins, Snowe of Maine & Sen Specter of Pennsylvania)

38  No votes (all Republicans) the vote was held open for hours, waiting for Ohio Democrat Sherrod Brown, who was attending a memorial service for his mother and then flying back to cast the deciding vote

House of Representatives
No actual money will be coming from the economic stimulus package because the $198 million was appropriated by H.R. 2638, the Omnibus Appropriations Act of 2009 passed by both chambers on 9/24/2008 & signed by Pres George W. Bush on 10/3/2008. The inclusion of the Filipino Veterans benefits in the stimulus bill is for an authorization for the release of the $198-M. 


 H.R. 1, the $787 billion 1,071 page, 8-inch-thick measure was approved 246-183 on 2/13/2009 in the House of Representatives No Republicans voted in favor of the bill  


Seven Democrats voted against the bill


Bobby Bright (Ala.) Bright, said that despite some good provisions in the bill, it was rushed, and he and many of his constituents don’t believe it will stimulate the economy.


Peter DeFazio (Ore.)

switched his vote. He was the only House member to oppose the bill after supporting the initial version. A spokeswoman says DeFazio was concerned there was not enough infrastructure spending in the compromise crafted by House and Senate leaders… DeFazio also has said he thinks the measure is too heavily

weighted toward tax cuts. Two NW Democrats Vote No As House Passes Stimulus Associated Press 2/13/2009


Parker Griffth (Ala.) , voted against the package citing reservations that the stimulus did not put enough money into the economy (need to verify if he voted present

Walt Minnick (Idaho)


Collin Peterson (Minn.)


Heath Shuler (N.C.) In a written statement, he declared that the compromise bill contains “entirely too much spending in areas that will not provide an immediate stimulative effect to our nation’s economy.” Shuler also argued that representatives were not given adequate time to review the compromise proposal. Shuler introduced legislation in the 110th Congress, H.Res, 484, to require all legislation be posted on the Internet for 48 hours before it is considered on the House floor.


Gene Taylor (Miss.)

One Democrat voted present. Rep. Daniel Lipinski of Illinois, voted "present" on the conference report after supporting the bill on initial passage. Lipinski said the bill did not have enough funds for transportation infrastructure for him to support it.

Democrats who changed from "No" on last House bill to "Yes" on final version:


Frank Kratovil (Md.)


Paul E. Kanjorski (Pa.)


Jim Cooper (Tenn.)


Allen Boyd (Fla.)


Brad Ellsworth (Ind.)



Title: Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for fiscal year ending September 30, 2009, and for other purposes.
Sponsor: Rep Obey, David R. [WI-7] (introduced 1/26/2009)      Cosponsors (9)
Related Bills: H.RES.88H.RES.92H.RES.168H.R.290H.R.291H.R.598H.R.629H.R.679S.336S.350
Latest Major Action: 2/12/2009 Conference report H. Rept. 111-16 filed.
Latest Conference Report: 111-16 (in Congressional Record H1307-1516)
Note: The House Rules Committee has posted the conference report. See also the GPO word-searchable version (more info).

Weblinks of the $198 million provision:


Notes by Maria Elizabeth Embry
H.R. 6897 (sponsored by Rep Bob Filner) is similar to H.R. 1 except in the following:
H.R. 6897 Sec. 3f Re: non-residents & SS...
H.R. 1 Sec 1002 c2 Re: payment to surviving spouse...
            Sec 1002 d2 Re: honorable discharge....
            Sec 1002 g   Re: IRS, SS & other benefits....
            Sec 1002 h   Re: release of claim
            Sec 1002 i    Re: recognition of service

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