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The Struggle to
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Vets Affairs Testimony
2
The
Struggle To Pass The Equity Bill
Prepared by the National Network for Veterans Equity &
SF Veterans Equity Center
(Last updated February 8, 2006)
When President Roosevelt invoked his power under the
Philippine Independence Act and called various Philippine
military organizations “into the service of the American
armed forces”, the Philippines was then a territory
of the United States. With the passage of the Rescission
Act on February 18, 1946, the Filipino World War II veterans,
the New Philippine Scouts, recognized Guerilla Units and
all those who served under the command of the United States
Armed Forces in the Far East (USAFFE) were denied of eligibility
for most veterans benefits including all non service connected
U.S. veterans benefits and reduces by 50 percent the service-connected
benefits that they may receive. The 1946 Rescission Act
is codified in 38 United States Code Section 107(a). The
denial of military benefits to Filipino veterans is a result
of this 1946 enactment. To correct this iniquitous treatment
and injustice to the veterans a legislation repealing the
1946 Rescission Act needs to be passed by the U.S. Congress.
In 1990, with
the passage of Section 405 of the Immigration & Nationality
Act granting citizenship to Filipino veterans, thousands
arrived in the United States and availed of this legislation.
With the arrival of these elderly veterans, the advocacy
for the repeal of the 1946 Rescission Act and the claim
for equity and justice by the Filipino veterans intensified
in Congress. Since 1993, the “Equity Bill” which
is the proposed legislation to enable Filipino veterans
to become eligible for U.S. veterans benefits and to be
treated equally as other U.S. veterans, had been introduced
but unsuccessfully passed in the last seven years. The following
is a summary and chronology of the bills introduced for
the past years.
103rd
Congress (1993-1994)
*Filipino
Veterans Equity Act of 1993 (S.120, Introduced on 01/21/93
by Sen. Inouye).
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 the purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: Referred to Committee on Veterans. No Floor
Action taken. One Co-sponsor. Bill did not pass.
*Filipino Veterans
Equity Act of 1993 (H.R.2830, Introduced on 08/02/93 by
Rep Pelosi).
A bill to amend the Immigration Act of 1990 to (1)accept
Government of the Philippines military service records in
lieu of absent U.S. service records with respect to U.S.
naturalization of Filipino World War II veterans; and (2)extend
related application deadline and waiver provisions. Amends
the Immigration and Nationality act to grant special immigrant
status to spouses, children and grandchildren of such veterans.
Last Status: No Floor Action taken. Bill not passed.
*Filipino Veterans
Equity Act of 1994. (H.R.4701, Introduced on 06/30/94 by
Rep. Filner)
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.
Last Status: No Floor Action taken. Referred to House Committee
on Veterans Affairs. Bill not passed.
104th
Congress, 1995-1996)
*Filipino
Veterans Equity Act of 1995. (S.55, Introduced 01/04/95
by Sen. Inouye)
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 Philippines
Scouts to have been active service for purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: No Floor Action taken. Referred to Senate Committee
on Veterans. Bill not passed.
Four Co-sponsors (Senator Boxer and Senator Feinstein included).
*Filipino Veterans
Equity Act of 1995 (H.R.1136, Introduced by Rep. Gilman,
102 Co-sponsors)
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 Philippines
Scouts to have been active service for purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: No Floor Action taken. Referred to House Committee
on Veterans Affairs. Bill not passed.
105th
Congress, 1997-1998
*Filipino
Veterans Equity Act of 1995(sic)(H.R.836, Introduced by
Rep. Gilman 02/26/97, 209 Co-sponsors)
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 Philippines
Scouts to have been active service for purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: Discharge petitions filed. Referred to House
Committee on Veterans
Affairs. Bill not passed.
*Filipino Veterans
Equity Act of 1997 (S.623, Introduced by Sen. Inouye, 4/22/97,
14 Co-sponsors)
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 Philippines
Scouts to have been active service for purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: No Floor Action Taken. Referred to Committee
on Veterans. Bill not passed.
*Filipino Veterans
SSI Extension Act (H.R. 4716, Introduced by Rep. Gilman,
10/07/1998)
A bill to reduced SSI benefit to certain individuals who
provided service to the Armed Forces of the United States
in the Philippines during World War II after they move back
to the Philippines.
Last Status: Passed into law with amendments and incorporated
into the Foster Care Independence Act of 1999, December
17, 1999, P.L. 106-169)
106th
Congress, 1999-2000
*SSI
Extension Bill (S. 381, Introduced by Senator Inouye, 02/04/1999)
A bill to reduced SSI benefit to certain individuals who
provided service to the Armed Forces of the United States
in the Philippines during World War II after they move back
to the Philippines.
Last Status: Passed into law with amendments and incorporated
into the Foster Care Independence Act of 1999, December
17, 1999, P.L. 106-169)
*Filipino Veterans’
Benefits Improvements Act of 1999(H.R.1594, Introduced by
Rep. Gilman, Rep. Filner, 04/28/99) Filipino Veterans’
Benefits Improvements Act of 1999 (S.1391, Introduced by
Sen. Inouye, 07/19/99)
A bill to amend title 38, United States Code, to improve
benefits for Filipino veterans of World War II and for other
purposes.
Last Status: Passed into law a P.L. 106-377 (10-27-2000)
*Certain
Burial Benefits for Certain Filipino Veterans of World War
II (S.1042, Introduced by Sen. Specter)
An Act to amend title 38, United States Code, to set payment
rate of certain burial benefits for certain Filipino veterans.
Last Status: Passed into law as P.L. 106-419 (11-01-2000)
107th Congress, 2001-2002
Filipino
Veterans Equity Act of 2001(H.R.491, Introduced by Rep.
Gilman 02/07/01, 28 Co-sponsors)
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 Philippines
Scouts to have been active service for purposes of benefits
under programs administered by the Secretary of Veterans
Affairs.
Last Status: Referred to the Committee on Veterans Affairs.
Bill not passed.
Filipino Veterans
Improvement Act of 2001(S.1042, Introduced by S. Inouye,
06-14-01)
A bill to amend title 38, United States Code, to improve
benefits for Filipino veterans of World War II and for other
purposes.
Last Status: Referred to Senate Committee on Veterans Affairs;
Hearings Held on
July 19, 2001
108th
Congress, 2003-2004
Filipino
Veterans' Benefits Improvements Act of 2003 (S. 68, Introduced
by Daniel Inouye, D-HI, 1/13/03, 21 co-sponsors)
A bill to amend title 38, United States Code, to improve
benefits for Filipino veterans of World War II, and for
other purposes.
Last Status: Read twice and referred to the Committee on
Veterans' Affairs. Bill not passed.
To amend title
38, United States Code, to provide eligibility for Department
of Veterans Affairs health care for certain Filipino World
War II veterans residing in the United States (H.R. 2352,
Introduced by Robert Simmons, R-CT, 6/4/2003, 14 Co-sponsors)
A bill to amend title 38, United States Code, Section 1734,
to authorize the Department of Veterans Affairs to furnish
medical services, hospital, and nursing home care to any
individual who is a Commonwealth Army veteran or New Philippine
Scout.
Last Status: Passed into law at P.L. 108-170 on 12/6/2003.
Veterans Benefits
Act of 2003 (H.R. 2297, Introduced by Christopher Smith,
R-NJ, 6/2/2003, 9 Co-sponsors)
A bill to amend title 38, United States Code, to extend
eligibility for burial in a national cemetery and eligibility
for burial benefits to New Philippine Scouts lawfully residing
in the U.S. Also qualifies the payment of certain survivors'
benefits to the surviving spouses of former members of the
Philippine Commonwealth Army or new Philippine Scouts who
served with U.S. armed forces during World War II.
Last Status: Passed into law as P.L. 108-183 (12/16/2003)
Filipino Veterans
Equity Act of 2003 (H.R. 677, Introduced by Rep. Cunningham
02/11/03, 207 Co-sponsors)
A bill to amend the 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 program administered by the Secretary
of the Veterans Affairs.
Last Status: Referred to the Committee on Veterans Affairs
– Subcommittee on Benefits. Bill not passed.
109th
Congress, 2005-2006
Filipino
Veterans Equity Act of 2005 (H.R. 302, Introduced by Rep.
Cunningham, 01/25/05, 50 Co-sponsors; S. 146, Introduced
by Senator Inouye, 1/25/05, 6 co-sponsors)
A bill to amend the 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 program administered by the Secretary
of the Veterans Affairs.
Last Status: House bill died with the resignation of the
sponsor from Congress.
Filipino Veterans
Equity Act of 2006 (H.R. 4574, Introduced by Rep. Issa,
12/16/05, 10 Co-sponsors)
A bill to amend the 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 program administered by the Secretary
of the Veterans Affairs.
Last Status: Referred to the Committee on Veterans Affairs.