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SJR-14 Filipino veterans of World War II: veterans’ benefits.(1995-1996)

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SJR14:v94#DOCUMENT

Senate Joint Resolution No. 14
CHAPTER 48

Relative to veterans’ benefits.

[ Filed with Secretary of State  July 06, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


SJR 14, Solis. Filipino veterans of World War II: veterans’ benefits.
This measure would memorialize the President and the Congress of the United States to act favorably on legislation pertaining to the granting to Filipino veterans of the United States Armed Forces full veterans’ benefits.

WHEREAS, The Philippine Islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War and remained a possession of the United States until 1946; and
WHEREAS, In 1934, Congress passed Public Law 73-127, the Philippine Independence Act, that set a 10-year timetable for the eventual independence of the Philippines and in the interim established a Commonwealth of the Philippines with certain powers over its internal affairs; and
WHEREAS, The granting of full independence ultimately was delayed for two years until 1946 because of the Japanese occupation of the islands from 1942 to 1945; and
WHEREAS, During the interval between 1934 and the final independence in 1946, the United States retained certain sovereign powers over the Philippines, including the right, upon order of the President of the United States, to call into the service of the United States Armed Forces all military forces organized by the Commonwealth government; and
WHEREAS, President Roosevelt invoked this authority by executive order of July 26, 1941, bringing the Philippine Commonwealth Army into the service of the United States Armed Forces of the Far East under the command of Lt. General Douglas MacArthur; and
WHEREAS, There are four groups of Filipino nationals who are entitled to all or some of the benefits to which United States veterans are entitled. These are:
(1)  Filipinos who served in the regular components of the United States Armed Forces.
(2)  Regular Philippine Scouts, called “Old Scouts,” who enlisted in Filipino-manned units of the United States Army prior to October 6, 1945.
(3)  Special Philippine Scouts, called “New Scouts,” who enlisted in the United States Armed Forces between October 6, 1945, and June 30, 1947, primarily to perform occupation duty in the Pacific following World War II.
(4)  Members of the Philippine Commonwealth Army who on July 26, 1941, were called into the service of the United States Armed Forces. This group includes organized guerrilla resistance units that were recognized by the United States Army; and
WHEREAS, The first two groups, Filipinos who served in the regular components of the United States Army and Old Scouts, are considered United States veterans and are generally entitled to the full range of United States veterans’ benefits; and
WHEREAS, The other two groups, New Scouts and members of the Commonwealth Army, are eligible for certain benefits, and some of these are paid at lower than full rates. United States veterans’ medical benefits for the four groups of Filipino veterans vary depending upon whether the person resides in the United States or the Philippines; and
WHEREAS, The Old Scouts were created in 1901 pursuant to the Act of February 2, 1901, that authorized the President of the United States “to enlist natives [of the Philippines] ... for service in the Army, to be organized as scouts ... or as troops or companies, as authorized by this Act, for the regular Army”; and
WHEREAS, Prior to World War II, these troops assisted in the maintenance of domestic order in the Philippines and served as a combat ready force to defend the islands against foreign invasion; and
WHEREAS, During the war, they participated in the defense of and retaking of the islands from Japanese occupation. The eligibility of Old Scouts for benefits based on military service in the United States Armed Forces, including veterans’ benefits, has long been established; and
WHEREAS, The federal Department of Veterans Affairs operates a comprehensive program of veterans’ benefits in the Republic of the Philippines, including the operation of a federal Department of Veterans Affairs office in Manila; and
WHEREAS, The federal Department of Veterans Affairs does not operate a program of this type in any other country; and
WHEREAS, The program in the Philippines evolved because the Philippines were a United States possession during the period 1898–1946, and many Filipinos have served in the United States Armed Forces, and because the preindependence Commonwealth Army of the Philippines was called into the service of the United States Armed Forces during World War II (1941–1945); and
WHEREAS, Many Filipino veterans, however, have been discriminated against by the classification of their service as not being service rendered in the United States Armed Forces for purposes of benefits from the federal Department of Veterans’ Affairs; and
WHEREAS, Filipinos gallantly served at Bataan and Corregidor, giving their toil, blood, and lives so as to provide the United States valuable time to rearm materiel and men to launch the counter-offensive in the Pacific war; and
WHEREAS, All other nationals, even foreigners, who served in the United States Armed Forces have been recognized and granted full rights and benefits, but the Filipinos who actually were American nationals at that time were and are still denied recognition and singled out for exclusion, and this treatment is unfair and discriminatory; and
WHEREAS, On March 6, 1995, House Resolution 1136 was introduced in the United States House of Representatives, and on January 4, 1995, Senate Bill 55 was introduced in the United States Senate, to deem service in the organized military forces of the government of the Commonwealth of the Philippines and the Philippine Scouts during World War II to be active service for the purpose of benefits under programs administered by the Secretary of Veteran Affairs; and
WHEREAS, On January 4, 1995, Senate Bill 72 was introduced in the United States Senate, to direct the Secretary of the Army to issue a certificate of service to Filipino nationals whom the Secretary determines have performed any military service in the Philippine Islands during World War II that qualifies the person or a survivor to receive any military, veterans’, or other benefits under federal laws; and
WHEREAS, The proposed legislation would bring relief to the estimated remaining 60,000 to 80,000 Filipino veterans (out of the initial 175,000 to 200,000 troops) who risked their lives during World War II, surviving the occupation of the Philippine Islands and the infamous Bataan Death March, and who, now in their mid-60’s to mid-90’s, have been battling for years to obtain the benefits of other veterans of that war; now, therefore, be it
Resolved by the Senate and Assembly of the State of California, jointly, That the Legislature of the State of California respectfully memorializes the President and Congress of the United States to act favorably on legislation pertaining to granting full veterans’ benefits to Filipino veterans of the United States Armed Forces; and be it further
Resolved, That the Secretary of the Senate transmit a copy of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States.