Excerpt
http://www.gpo.gov/fdsys/pkg/PLAW-111publ5/html/PLAW-111publ5.htm
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''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--APPROPRIATIONS PROVISIONS
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
AND RELATED AGENCIES
[[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
(d).
(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
Act.
(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
section.
(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.