II

107TH CONGRESS

1ST SESSION S. 1042

To amend title 38, United States Code, to improve benefits for Filipino

veterans of World War II, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 14, 2001

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to improve benefits

for Filipino veterans of World War II, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Filipino Veterans’ Ben5 efits Improvements Act of 2001’’.

6 SEC. 2. RATE OF PAYMENT OF CERTAIN BENEFITS FOR

7 NEW PHILIPPINE SCOUTS RESIDING IN THE

8 UNITED STATES.

9 (a) REDESIGNATION OF PROVISIONS.—Section 107

10 of title 38, United States Code, is amended—
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1 (1) in the second sentence of subsection (a), by

2 striking ‘‘subsection (c)’’ and inserting ‘‘subsections

3 (c) and (d)’’; and

4 (2) by designating subsection (c), as added by

5 section 332(a)(2) of the Veterans Benefits and

6 Health Care Improvement Act of 2000 (Public Law

7 106–419; 114 Stat. 1856), as subsection (d).

8 (b) RATE OF PAYMENT.—That section is further

9 amended—

10 (1) in the second sentence of subsection (b), by

11 striking ‘‘Payments’’ and inserting ‘‘Except as pro12 vided in subsection (c), payments’’; and

13 (2) in subsection (c), as added by section

14 501(a) of H.R. 5482 of the 106th Congress (as en15 acted by Public Law 106–377 (114 Stat. 1441A–

16 55))—

17 (A) by inserting ‘‘or (b)’’ after ‘‘subsection

18 (a)’’ the first place it appears; and

19 (B) by striking ‘‘subsection (a)’’ the second

20 place it appears and inserting ‘‘the applicable

21 subsection’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 subsection (b) shall take effect on the date of enactment

24 of this Act, and shall apply to benefits paid for months

25 beginning on or after that date.
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1 SEC. 3. RATE OF PAYMENT OF DEPENDENCY AND INDEM2 NITY COMPENSATION FOR SURVIVING

3 SPOUSES OF CERTAIN FILIPINO VETERANS.

4 (a) RATE OF PAYMENT.—Subsection (c) of section

5 107 of title 38, United States Code, as added by section

6 501(a) of H.R. 5482 of the 106th Congress (as enacted

7 by Public Law 106–377 (114 Stat. 1441A–55)) and

8 amended by section 2 of this Act, is further amended by

9 inserting ‘‘, and under chapter 13 of this title,’’ after

10 ‘‘chapter 11 of this title’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall take effect on the date of enactment

13 of this Act, and shall apply to benefits paid for months

14 beginning on or after that date.

15 SEC. 4. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR

16 DISABILITY PENSION.

17 (a) ELIGIBILITY.—Section 107 of title 38, United

18 States Code, as amended by this Act, is further

19 amended—

20 (1) in subsection (a)—

21 (A) in paragraph (3) of the first sentence,

22 by inserting ‘‘15,’’ before ‘‘23,’’; and

23 (B) in the second sentence, by striking

24 ‘‘subsections (c) and (d)’’ and inserting ‘‘sub25 sections (c), (d), and (e)’’; and

26 (2) in subsection (b)—
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1 (A) by striking paragraph (2) of the first

2 sentence and inserting the following new para3 graph (2):

4 ‘‘(2) chapters 11, 13 (except section 1312(a)),

5 and 15 of this title.’’; and

6 (B) in the second sentence, by striking

7 ‘‘subsection (c)’’ and inserting ‘‘subsections (c)

8 and (e)’’.

9 (b) RATE OF PAYMENT.—That section is further

10 amended by adding at the end the following new sub11 section:

12 ‘‘(e) In the case of benefits under chapter 15 of this

13 title paid by reason of service described in subsection (a)

14 or (b), if—

15 ‘‘(1) the benefits are paid to an individual re16 siding in the United States who is a citizen of, or

17 an alien lawfully admitted for permanent residence

18 in, the United States, the second sentence of the ap19 plicable subsection shall not apply; and

20 ‘‘(2) the benefits are paid to an individual re21 siding in the Republic of the Philippines, the bene22 fits shall be paid (notwithstanding any other provi23 sion of law) at the rate of $100 per month.’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on the date of enactment of
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1 this Act, and shall apply to benefits for months beginning

2 on or after that date.

3 SEC. 5. ELIGIBILITY OF FILIPINO VETERANS FOR HEALTH

4 CARE IN THE UNITED STATES.

5 The text of section 1734 of title 38, United States

6 Code, is amended to read as follows:

7 ‘‘The Secretary, within the limits of Department fa8 cilities, shall furnish hospital and nursing home care and

9 medical services to Commonwealth Army veterans and

10 new Philippine Scouts in the same manner as provided

11 for under section 1710 of this title.’’.

12 SEC. 6. OUTPATIENT HEALTH CARE FOR VETERANS RESID13 ING IN THE PHILIPPINES.

14 (a) IN GENERAL.—Subchapter IV of chapter 17 of

15 title 38, United States Code, is amended—

16 (1) by redesignating section 1735 as section

17 1736; and

18 (2) by inserting after section 1734 the following

19 new section 1735:

20 ‘‘§ 1735. Outpatient care and services for World War

21 II veterans residing in the Philippines

22 ‘‘(a) OUTPATIENT HEALTH CARE.—The Secretary

23 shall furnish care and services to veterans of World War

24 II, Commonwealth Army veterans, and new Philippine

25 Scouts for the treatment of the service-connected disabil-
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1 ities and nonservice-connected disabilities of such veterans

2 and scouts residing in the Republic of the Philippines on

3 an outpatient basis at the Manila VA Outpatient Clinic.

4 ‘‘(b) LIMITATIONS.—(1) The amount expended by

5 the Secretary for the purpose of subsection (a) in any fis6 cal year may not exceed $500,000.

7 ‘‘(2) The authority of the Secretary to furnish care

8 and services under subsection (a) is effective in any fiscal

9 year only to the extent that appropriations are available

10 for that purpose.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of chapter 17 of such title is amended

13 by striking the item relating to section 1735 and inserting

14 after the item relating to section 1734 the following new

15 items:

‘‘1735. Outpatient care and services for World War II veterans residing in the

Philippines.

‘‘1736. Definitions.’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on the date of the enactment

18 of this Act.

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