S. 42
A BILL
To
require the Secretary of the Army to determine the validity of the claims of
certain Filipinos that they performed military service on behalf of the United
States during World War II.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
SECTION
1. DETERMINATIONS BY THE SECRETARY OF THE ARMY.
(a) IN GENERAL- Upon the written application of any
person who is a national of the Philippine Islands, the Secretary of the Army
shall determine whether such person performed any military service in the
Philippine Islands in aid of the Armed Forces of the United States during World
War II which qualifies such person to receive any military, veterans', or other
benefits under the laws of the United States.
(b) INFORMATION TO BE CONSIDERED- In making a
determination for the purpose of subsection (a), the Secretary shall consider
all information and evidence (relating to service referred to in subsection
(a)) available to the Secretary, including information and evidence submitted
by the applicant, if any.
SEC. 2. CERTIFICATE OF SERVICE.
(a) ISSUANCE OF CERTIFICATE OF
SERVICE- The Secretary of the Army shall issue a certificate of service to each
person determined by the Secretary to have performed military service described
in section 1(a).
(b) EFFECT OF CERTIFICATE OF SERVICE- A certificate of service issued
to any person under subsection (a) shall, for the purpose of any law of the
United States, conclusively establish the period, nature, and character of the
military service described in the certificate.
SEC. 3. APPLICATIONS BY SURVIVORS.
An application submitted by a surviving spouse,
child, or parent of a deceased person described in section 1(a) shall be
treated as an application submitted by such person.
SEC. 4. LIMITATION PERIOD.
The Secretary of the Army may not consider for the
purpose of this Act any application received by the Secretary more than two
years after the date of the enactment of this Act.
SEC. 5. PROSPECTIVE APPLICATION OF DETERMINATIONS BY THE SECRETARY OF THE
ARMY.
No benefits shall accrue to any person for any period before the date
of the enactment of this Act as a result of the enactment of this Act.
SEC. 6. REGULATIONS.
The Secretary of the Army shall prescribe
regulations to carry out sections 1, 3, and 4.
SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF VETERANS AFFAIRS.
Any entitlement of a person to receive veterans'
benefits by reason of this Act shall be administered by the Department of
Veterans Affairs pursuant to regulations prescribed by the Secretary of
Veterans Affairs.
SEC. 8. DEFINITION.
In this Act, the term `World War II' means the period beginning on
December 7, 1941, and ending on December 31, 1946.