Last Tuesday (2/17/09), President Obama signed the much-debated economic stimulus bill into law, which indeed contained the provision that contained the $198 million to go to the Filipino WWII vets on a lump-sum basis. Here is a link to the entire stimulus bill, but due to its enormous length I’ll put the text of the FilVet provision below:
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H.R.1—86
ADMINISTRATIVE PROVISION
SEC. 1002. 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 posses-
sion 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 bene-
fits 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-con-
nected 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 depend-
ents 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 ‘‘com-
pensation 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 accord-
ance with this section.
(c) PAYMENTS.—
H.R.1—87
(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 com-
manders 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 CER-
TAIN 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 pro-
gram.
(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,
H.R.1—88
and shall constitute a complete release of any claim against
the United States by reason of any service described in sub-
section (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) The Secretary shall promptly issue application forms
and instructions to ensure the prompt and efficient administra-
tion 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 other-
wise provided in this section.
(k) REPORTS.—The Secretary shall include, in documents sub-
mitted 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 com-
pensation 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.
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So how are various parties reacting to this? And is this really the end of these proceedings?
President Arroyo hails the provision (thanks to Ryan Rubianes for the link)
…Mrs. Arroyo has cited US lawmakers for correcting a “historic wrong” by incorporating the lump-sum benefits for Filipino veterans in the US stimulus bill.
“Despite America’s economic challenges, the US Congress voted to correct a historic wrong and incorporate the lump-sum benefit for our veterans. It is fitting that they honored the past as they build for the future,” she earlier said…
Some vets have mixed feelings
…Many of those still living — including Carino — have mixed feelings about the provision passed into law in the stimulus package. As the law is written, Filipinos living in the U.S. will receive a payoff of $15,000, while veterans in the Philippines will receive $9,000. The families of the soldiers that have already died will receive nothing.
Loreto Dimaandal, whose father was a World War II veteran, said she promised her father before he died that she’d keep fighting for the money that he felt should go to his widow. She said she saw the deal as a partial victory.
The $15,000 is just over one year’s pension for service in the U.S. Army; and the provision included a stipulation that those that accept the lump sum can no longer pursue further benefits from the government.
Carino said he plans to accept the funding, even though he felt the payoff did not restore dignity to his service….
JFAV: “Lump Sum is Not Equity”
…In 1942, the Filipino soldiers and their American counterparts chose to follow US President Roosevelt’s command to defend the Philippines with the complete understanding that the US territory was indefensible and that continued fighting would lead to many casualties. It was not pragmatic but the Filipino soldiers did what they thought was the right thing to do
Today, the lump sum appears to be popular among Filipino and US politicians. But for the sake of truth, it must be clearly stated that the lump sum is neither equity nor a tactical victory towards genuine equity and justice. We choose to be on the side of truth.
Injustice anywhere is injustice everywhere. Outside of the lump sum, the Filipino veterans, the surviving widows, the sons, daughters and legal heirs, the political activists, the Filipino and American communities and the people at large who believe in racial equality and veterans’ equity, shall continue to carry on an arduous struggle until justice is completely delivered.
Full and unconditional recognition for the Filipino veterans now!
Lifetime pension benefit now!
Bail out the veterans not the banks and corporations!
Thus, the struggle continues
…Speaking for his fellow veterans in Malacañang on Monday, retired colonel Emmanuel de Ocampo said the lump sum, which was included in the US economic stimulus law, was a “small step” towards their goal.
A veterans’ equity bill, which will recognize the efforts of Filipino soldiers during World War II, has yet to be passed before the US Congress despite a sustained lobby by President Gloria Macapagal-Arroyo
“We will strive for a goal of equal recognition and equal consideration, to fully restore to the Filipino soldiers [the] honor, pride and dignity which were damaged by the Rescission Act,” he said, referring to a 1946 law which stripped Filipino veterans of equal treatment with their American counterparts.
“What we have today does not fully meet these aspirations. However, the Filipino veterans have respectful and grateful appreciation to those [who] worked sincerely [for the inclusion of lump sum payments in the US stimulus package],” he said….
