I 

109TH CONGRESS 

1ST SESSION H. R. 170

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

veterans of World War II, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Ms. MILLENDER-MCDONALD introduced the following bill; which was 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 Fair5 ness Act’’. 

6 SEC. 2. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR 

7 DISABILITY PENSION. 

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

9 States Code, is amended—

10 (1) in subsection (a)—
2

•HR 170 IH 

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

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

3 (B) in the second sentence, by striking 

4 ‘‘subsection (c) or (d)’’ and inserting ‘‘sub5 sections (c), (d), and (e)’’ ; and 

6 (2) in subsection (b)—

7 (A) in paragraph (2) of the first sentence, 

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

9 (B) in the second sentence, by striking 

10 ‘‘subsection (c) or (d)’’ and inserting ‘‘sub11 sections (c), (d), and (e)’’. 

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

13 amended by adding at the end the following new sub14 section: 

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

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

17 or (b)—

18 ‘‘(1) if the benefits are paid to an individual re19 siding in the United States who is a citizen of, or 

20 an alien lawfully admitted for permanent residence 

21 in, the United States, the second sentence of the ap22 plicable subsection shall not apply; and 

23 ‘‘(2) if the benefits are paid to an individual re24 siding in the Republic of the Philippines, the bene-
3

•HR 170 IH 

1 fits shall be paid (notwithstanding any other provi2 sion of law) at the rate of $100 per month.’’. 

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

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

5 of this Act and shall apply to benefits for months begin6 ning on or after that date. 

7 SEC. 3. ELIGIBILITY FOR VOCATIONAL REHABILITATION. 

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

9 States Code, as amended by this Act, is further amend10 ed—

11 (1) in subsection (a)—

12 (A) in paragraph (3) of the first sen13 tence—

14 (i) by striking ‘‘and’’ before ‘‘24’’; and 

15 (ii) by inserting ‘‘, and chapter 31’’ 

16 before ‘‘of this title’’; 

17 (B) in the second sentence, by striking 

18 ‘‘and (e)’’ and inserting ‘‘(e), and (f)’’; and 

19 (2) in subsection (b)—

20 (A) in paragraph (2) of the first sen21 tence—

22 (i) by striking ‘‘and’’ before ‘‘24’’; and 

23 (ii) by inserting ‘‘, and chapter 31’’ 

24 before ‘‘of this title’’; 
4

•HR 170 IH 

1 (B) in the second sentence, by striking 

2 ‘‘and (e)’’ and inserting ‘‘(e), and (f)’’. 

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

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(f) In the case of benefits under chapter 31 of this 

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

8 or (b), if the benefits are paid to an individual residing 

9 in the United States who is a citizen of, or an alien law10 fully admitted for permanent residence in, the United 

11 States, the second sentence of the applicable subsection 

12 shall not apply.’’. 

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

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

15 of this Act and shall apply to benefits for months begin16 ning on or after that date. 

17 SEC. 4. OUTPATIENT HEALTH CARE FOR VETERANS RESID18 ING IN THE PHILIPPINES. 

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

20 title 38, United States Code, is amended—

21 (1) by redesignating section 1735 as section 

22 1736; and 

23 (2) by inserting after section 1734 the following 

24 new section 1735: 
5

•HR 170 IH 

1 ‘‘§ 1735. Outpatient care and services for World War 

2 II veterans residing in the Philippines 

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

4 shall furnish care and services to veterans of World War 

5 II, Commonwealth Army veterans, and new Philippine 

6 Scouts for the treatment of the service-connected disabil7 ities and nonservice-connected disabilities of such veterans 

8 and scouts residing in the Republic of the Philippines on 

9 an outpatient basis at the Manila VA Outpatient Clinic. 

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

11 the Secretary for the purpose of subsection (a) in any fis12 cal year may not exceed $500,000. 

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

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

15 year only to the extent that appropriations are available 

16 for that purpose.’’. 

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

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

19 by striking the item relating to section 1735 and inserting 

20 the following new items:

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

Philippines. 

‘‘1736. Definitions.’’.

21 SEC. 5. ELIGIBILITY FOR HOUSING LOANS. 

22 Section 3701(b) of title 38, United States Code, is 

23 amended by adding at the end the following new para24 graph: 
6

•HR 170 IH 

1 ‘‘(6) The term ‘veteran’ also includes an indi2 vidual who is a Commonwealth Army veteran (as de3 fined in subsection (a) of section 3566 of this title), 

4 or a new Philippine Scout (as defined in subsection 

5 (b) of such section) who resides in the United 

6 States.’’. 

7 SEC. 6. EDUCATIONAL BENEFITS FOR SPOUSES AND DE8 PENDENTS. 

9 (a) INCLUSION OF SPOUSES.—Section 3565(a) of 

10 title 38, United States Code, is amended to read as fol11 lows: 

12 ‘‘(a) The term ‘eligible person’ as used in section 

13 3501(a)(1) of this title includes the spouse, surviving 

14 spouse, and child of a Commonwealth Army veteran or 

15 a ‘New’ Philippine Scouts in the same manner as a spouse, 

16 surviving spouse, and child of a person who meets the re17 quirements of service-connected disability or death under 

18 such section, based on service as defined in section 3566 

19 of this title.’’. 

20 (b) INCREASE IN RATES PAYABLE FOR DEPENDENTS

21 RESIDING IN THE UNITED STATES.—Section 3565(b) of 

22 such title is amended—

23 (1) by striking ‘‘children’’ in the matter pre24 ceding paragraph (1) and inserting ‘‘a spouse, sur25 viving spouse, or child’’; 
7

•HR 170 IH 

1 (2) by redesignating paragraph (2) as para2 graph (3); 

3 (3) in paragraph (1) by striking ‘‘, and’’ and in4 serting ‘‘in the case of a spouse, surviving spouse, or 

5 child residing in the Philippines,’’; and 

6 (4) by inserting after paragraph (1) the fol7 lowing new paragraph: 

8 ‘‘(2) notwithstanding section 3532(d) of this 

9 title, educational assistance allowances authorized by 

10 section 3532 of this title and the special training al11 lowance authorized by section 3542 of this title shall 

12 be paid at the rate of $1.00 for each dollar in the 

13 case of a spouse, surviving spouse, or child residing 

14 in the United States, and’’. 

15 SEC. 7. ELIGIBILITY FOR BENEFITS FOR JOB COUNSELING, 

16 TRAINING, AND PLACEMENT. 

17 (a) VETERANS.—Section 4101(4) of title 38, United 

18 States Code, is amended by inserting before the period the 

19 following: ‘‘, and includes a Commonwealth Army veteran 

20 (as defined in subsection (a) of section 3566 of this title), 

21 or a new Philippine Scout (as defined in subsection (b) 

22 of such section)’’. 

23 (b) DEPENDENTS.—Section 4104(5) of such title is 

24 amended—
8

•HR 170 IH 

1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (B); 

3 (2) by striking the period at the end of sub4 paragraph (C) and inserting ‘‘, or’’ and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) the spouse or child of a Common8 wealth Army veteran (as defined in subsection 

9 (a) of section 3566 of this title), or a new Phil10 ippine Scout (as defined in subsection (b) of 

11 such section).’’. 

12 SEC. 8. REPRESENTATION ON ADVISORY COMMITTEE ON 

13 MINORITY VETERANS. 

14 Section 544(a)(2) of title 38, United States Code, is 

15 amended by adding at the end the following new subpara16 graph: 

17 ‘‘(D) The Secretary shall ensure that at least one 

18 member of the Committee each year is a Commonwealth 

19 Army veteran (as defined in subsection (a) of section 3566 

20 of this title), or a new Philippine Scout (as defined in sub21 section (b) of such section).’’.

Æ