Magdaleno Duenas, a Filipino veteran saved 10 Americans from captivity in a prison camp during World War II. He was able to immigrate to the US in 1992 and became a naturalized US citizen. Beginning in 1993, he looked forward to having the Equity Bill passed in Congress to attain his full recognition. After many years of waiting in the US, he unfortunately passed away in 2005. More and more aging veterans die each week and this greatest generation is slowly diminishing in number.
Sixty three years after passage of the 1946 Rescission Act declassifying the services of Filipino World War II veterans, the US Congress finally just passed a bill recognizing our Filipino veterans and providing a lump sum grant of $198 million.
In an economic crisis, receiving $198 million appropriation for the Filipino World War II veterans is definitely a momentous outcome after many years of struggle for recognition. The Filipino veterans and their supporters emerged victorious last week when both House and the Senate approved HR 1, the American Recovery and Reinvestment Act of 2009, or the economic stimulus bill.
Spending Authorization Lacking in 2008
This provision is not new as it was previously included in the spending bill signed by President Bush in September 2008. The $198 million was appropriated last year but there was no authorization for spending. The Senate through the office of Senator Daniel Inouye drafted the provisions for its authorization and included it in this year?s stimulus bill.
Last year?s Congress first introduced this lump sum of $198 million for veterans through the leadership of Congressman Bob Filner. This bill, called the Filipino Veterans Equity Compensation Fund (HR 6897), was approved after the provision on Filipino Veterans was withdrawn from the Veterans benefit enhancement bill (SB 1315) during Senate deliberation. The latter bill would have contained more benefits and a higher budget allocation as it attempted to recognize Filipino veteran residing in the US as having the same rights and benefits as their US counterpart.
Collective Efforts by Advocates
The $198 million budget for the Filipino WWII veterans did not come in a silver platter. This was brought about by years of campaigning, hard work and the collective effort of advocates who believed in the cause of the Filipino World War II veterans. The partnerships and networks created by the community with the legislative offices, and, the collaboration of efforts are commendable. Though each group or individual advocates may hold different views, there is a determination on most to address the inequity created by the provision of the Rescission Act of 1946. Senator Daniel Inouye, Senator Daniel Akaka, Rep. Mike Honda, Rep. Bob Filner and Speaker Nancy Pelosi have been a few of the strong advocates for the Filipino WWII veterans cause and were instrumental in having this $198million included in the stimulus bill.
A Qualified Victory
The classification of the services of the Filipino WWII veteran that was changed in the 1946 Rescission Act as not services for purposes of US veterans benefit was amended after 63 years. This time, our Filipino WWII veterans? services are fully recognized as active military service for purposes of the benefits but only to ?the extent provided by law.? This is the qualification that makes a difference if our Filipino veterans are to be fully recognized. Their full recognition is valued to the extent of $198 million and limited to those who are fortunate to live to this day and still able to enjoy the benefits of this bill.
This bill addresses certain veterans? needs but did not really address the true meaning of equity. For those who stand to benefit, this is long overdue. However, the bill contains provisions that are troubling. One is the ?release? provision. It prohibits further claims from the US government in view of the receipt of this lump sum money. While we cannot validly state that this is the pension that they long deserve, the lump sum to be received is like a settlement claim or damages for the historical error. This is not the concept behind equity. It is about correcting the injustice and treating our veterans equally with justice and fairness for services they have rendered in the same way as their US veteran counterparts.
The $198 million budget is fully authorized to be disbursed by the Secretary of Veterans Affairs. Filipino veterans who are US citizens will receive $15,000 and non US citizen veterans residing in the Philippines will receive $9,000. There is a window of one year to apply for the compensation benefits; and, surviving spouses will benefit only if their veteran spouse are able to apply within the one year period. The Secretary of Veterans Administration must promptly execute the provision of this Compensation benefit. In the meantime, the US Veterans Affairs (USVA) through the US Embassy in Manila has released procedures on how to file a claim for our veterans who are residing in the Philippines. For those Filipino veterans who are in the US, we are still awaiting for regulations from the USVA.
After President Obama signed the bill on February 17, 2009, many Filipino veteran advocate groups celebrated the victory. But is there really a reason for a high five when this lump sum legislation gives no benefit whatsoever to Filipino veterans who fought years to gain recognition but did not outlive the passage of this bill? Neither does this lump sum provide any benefit to widows or the surviving family members of these Filipino veterans. Nor will there be any benefits for veterans who are now living but may not survive the next few weeks (or months) while the USVA is still to come out with regulations on how to apply for this lump sum.
In the meantime, we savor this bittersweet victory with reservation.
(Atty Lou Tancinco is currently chair of the Veterans Equity Center, a San Francisco based non profit organization. She may be reached at 02 887 7177 or at law @tancinco.com)
