Editorial Notes
References in Text
Section 14 of the Armed Forces Voluntary Recruitment Act of 1945, referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted section 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.
Sections 620 and 621 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, § 10, 65 Stat. 36, which enacted sections 820 and 821 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, which were repealed and the provisions thereof reenacted as sections 722(a) and 723 [now 1922(a) and 1923] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.
The date of the enactment of the Veterans Benefits Act of 2003, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 108–183, which was approved Dec. 16, 2003.
Amendments
2010—Subsecs. (a)(3), (b)(2). Pub. L. 111–275 substituted “section 2402(a)(8)” for “section 2402(8)”.
2003—Subsec. (b). Pub. L. 108–183, § 212(a)(2), inserted “or (d)” after “subsection (c)” in second sentence.
Pub. L. 108–183, § 211(a)(1), substituted “Except as provided in subsection (c), payments” for “Payments” in second sentence.
Subsec. (b)(2). Pub. L. 108–183, § 212(a)(1), substituted a comma for “and” after “chapters 11” and inserted “, 23, and 24 (to the extent provided for in section 2402(8))” after “(except section 1312(a))”.
Subsec. (c). Pub. L. 108–183, § 211(a)(2), substituted “in subsection (a) or (b)” for “in subsection (a)” and “of the applicable subsection” for “of subsection (a)” and inserted “and subchapter II of chapter 13 (except section 1312(a)) of this title” after “chapter 11 of this title”.
Subsec. (d)(1). Pub. L. 108–183, § 212(a)(3), inserted “or (b), as otherwise applicable,” after “subsection (a)”.
Subsec. (d)(2). Pub. L. 108–183, § 212(a)(4), inserted “or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003,” after “November 1, 2000,” in introductory provisions.
2002—Subsec. (d)(2). Pub. L. 107–330 substituted “November 1, 2000,” for “the date of the enactment of this subsection” in introductory provisions.
2001—Subsec. (a). Pub. L. 107–14, § 8(a)(1)(A), inserted “or (d)” after “subsection (c)” in concluding provisions.
Subsecs. (c), (d). Pub. L. 107–14, § 8(a)(1)(B), (C), redesignated subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2) as (d) and substituted “With respect to benefits under chapter 23 of this title, in” for “In” in par. (1).
2000—Subsec. (a). Pub. L. 106–419, § 332(a)(1), which directed substitution of “Subject to subsection (c), payments” for “Payments”, could not be executed because “Payments” did not appear subsequent to the amendment by Pub. L. 106–377, § 1(a)(1) [title V, § 501(a)(1)(A)]. See below.
Pub. L. 106–377, § 1(a)(1) [title V, § 501(a)(1)(A)], substituted “Except as provided in subsection (c), payments” for “Payments” in concluding provisions.
Subsec. (a)(3). Pub. L. 106–419, § 331(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “chapters 11, 13 (except section 1312(a)), and 23 of this title.”
Subsec. (c). Pub. L. 106–419, § 332(a)(2), added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to an individual described in paragraph (2).
Pub. L. 106–377, § 1(a)(1) [title V, § 501(a)(1)(B)], added subsec. (c) relating to the inapplicability of the second sentence of subsec. (a) to cases of benefits under subchapters II and IV of chapter 11 of this title paid to United States citizens or to permanent resident aliens.
1994—Subsecs. (a), (b). Pub. L. 103–446 substituted “rate of” for “rate in pesos as is equivalent to” and for “rate in Philippine pesos as is equivalent to” in second sentence.
1991—Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1922” for “722” in par. (1)(C) and “1312(a)” for “412(a)” in par. (2).
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
1986—Subsec. (a). Pub. L. 99–576 substituted “that such member’s” for “that his” in last sentence.
1982—Subsec. (a)(2). Pub. L. 97–295 substituted “chapter 10 of title 37” for “the Missing Persons Act”.
1966—Pub. L. 89–641 increased the specified dollar/peso rate for payments from one peso for each dollar otherwise authorized to a rate in Philippine pesos equivalent to $0.50 for each dollar.
1961—Pub. L. 87–268 substituted “section 412(a)” for “sections 412” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–275, title V, § 502(e), Oct. 13, 2010, 124 Stat. 2883, provided that:
“The amendments made by this section [amending this section and sections
2301,
2306, and
2402 of this title and enacting provisions set out as notes under sections
101 and
2402 of this title] shall apply with respect to the death, on or after the date of the enactment of this Act [
Oct. 13, 2010], of the
parent of a person described in paragraph (9)(B) of subsection (a) of
section 2402 of title 38, United States Code, as added by subsection (b), who dies on or after
October 7, 2001.”
Effective Date of 2003 Amendment
Pub. L. 108–183, title II, § 211(b), Dec. 16, 2003, 117 Stat. 2657, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to benefits paid for months beginning after the date of the enactment of this Act [Dec. 16, 2003].”
Pub. L. 108–183, title II, § 212(c), Dec. 16, 2003, 117 Stat. 2658, provided that:
“The amendments made by this section [amending this section and
section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [
Dec. 16, 2003].”
Effective Date of 2000 Amendments
Pub. L. 106–419, title III, § 331(c), Nov. 1, 2000, 114 Stat. 1856, provided that:
“The amendments made by this section [amending this section and
section 2402 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [
Nov. 1, 2000].”
Pub. L. 106–419, title III, § 332(b), Nov. 1, 2000, 114 Stat. 1856, provided that:
“No benefits shall accrue to any person for any period before the date of the enactment of this Act [Nov. 1, 2000] by reason of the amendments made by subsection (a) [amending this section].”
Pub. L. 106–377, § 1(a)(1) [title V, § 501(a)(2)], Oct. 27, 2000, 114 Stat. 1441, 1441A–57, provided that:
“The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 27, 2000] and shall apply to benefits paid for months beginning on or after that date.”
Effective Date of 1994 Amendment
Section 507(c) of Pub. L. 103–446 provided that:
“The amendments made by this section [amending this section and sections
3532 and
3565 of this title] shall apply with respect to payments made after
December 31, 1994.”
Effective Date of 1966 Amendment
Section 2(b) of Pub. L. 89–641 provided that:
“The amendments made by subsection (a) of this section [amending this section] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 11, 1966].”
Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II
Pub. L. 111–5, div. A, title X, § 1002, Feb. 17, 2009, 123 Stat. 200, provided that:
“(a) Findings.—Congress makes the following findings:
“(1)
The Philippine islands became a United States possession 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 [
60 Stat. 6] and 79–391 [
60 Stat. 221]) 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 benefits 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-connected 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 dependents 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 ‘
compensation 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 accordance with this section.
“(c) Payments.—
“(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 [
Feb. 17, 2009], 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 commanders 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
“(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 Certain 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—
“(C)
eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted program.
“(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, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (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 [Feb. 17, 2009].
“(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 administration 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 otherwise provided in this section.
“(k) Reports.—
The
Secretary shall include, in documents submitted 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
compensation 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.”
Refund of Erroneously Deducted NSLI Premium to Philippine Veterans on Proper Application
Pub. L. 89–641, § 1, Oct. 11, 1966, 80 Stat. 884, provided for refund of erroneously deducted insurance premiums to Philippine armed forces members in service of the United States Armed Forces, such refund to be made upon receipt of an application within two years after Oct. 11, 1966. In event of death of such member, refund was to be made only to widow or widower, children or parents of such member, in that order, with no refunds to heirs or legal representatives.
