123STA T . 2 0 0 PUBLIC LA W 111 –5—FE B.1 7, 200 9ADMIN I STRA TI VEP R O VISION S E C.10 0 2 . PA Y MENTS TO EL I G I B LE PERSONS WH O SERVED IN THE U NITED STATES ARMED F ORCES IN THE FAR EAST DU RING WORLD WAR I I. (a) FINDINGS. —Congres s m a k es th e f o l lo wi ng fin d ings
(1) T he Phili p pine islands b e c ame a United States posses - sion in 1 89 8 when the y were ceded from Spain following the Spanish-American War. (2) D u ring World War II , Filipinos ser v ed 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 G uerrilla 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 J uly 2 6 ,19 4 1,byane x ecutive order of President Franklin D. R oosevelt. (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 19 5 0. (5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public L aws 7 9 – 301 and 79–391) currently receive full benefits under laws administered by the Secretary of V eterans 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 authori z ed, 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) COM P ENSATION FUND.— (1) IN GENERAL.—There is in the general fund of the Treasury a fund to be known as the ‘ ‘Filipino Veterans E q uity Compensation Fund’’ (in this section referred to as the ‘‘com- pensation fund’’). (2) AVAILABILITY O F FUNDS.—Sub j ect 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.— 38USC107note.
