Veterans' Benefits Enhancement Act--Motion To Proceed--Continued

Floor Speech

Date: April 22, 2008
Location: Washington, DC


VETERANS' BENEFITS ENHANCEMENT ACT--MOTION TO PROCEED--Continued -- (Senate - April 22, 2008)

BREAK IN TRANSCRIPT

Mr. BURR. Mr. President, I have deep respect for Senator Inouye, who just spoke. He is passionate. There is no American who can look at Senator Inouye and not see an American war hero. He has committed so much, and his perspective on history is important for all of us to recognize. Before him, Senator Stevens spoke, one of the foundations of the U.S. Senate. I find myself troubled to some degree that I am at odds with both of them on this issue.

I want Senator Inouye to know how much I respect him and how much research I have done on this issue, and I will try to make my case for why I do not think this is a priority but to do it in the most respectful way I possibly can to individuals, such as Senator Inouye, who have so much invested not just in their knowledge but in the commitment and sacrifices they have made.

Mr. President, we started debating S. 1315 earlier today. Where I ended off in that earlier debate was pointing out to my colleagues and the country how this special pension, a special pension we intend to provide to a very small group of Filipino veterans who were not enlisted in the U.S. Armed Forces but were under control of U.S. forces and command of U.S. forces--I just want to point this out to everybody: Currently, the Filipino Government provides a $120-per-month pension to this select group of individuals. That pension puts every veteran at 400 percent over the poverty line in the Philippines. What S. 1315 attempts to do is to create a new special pension funded by the American taxpayers that would take the average income of this select group of Filipino veterans to 1,400 percent above the poverty line in the Philippines.

Now, let me put that in direct comparison to the United States. We have special pensions in the United States that apply to our veterans because we believe it is important to say no veteran should live in poverty. Our commitment is such that it is roughly over $10,000 a year. Let me compute what that $10,000 means relative to the poverty line. It means they are 10 percent above the poverty line in the United States.

So with all due respect to my colleagues, I am supposed to come down here on behalf of my constituents, my taxpayers, my veterans, suggesting there is equity in providing a 1,400-percent pension stipend for Filipino veterans over the poverty level but only 10 percent for U.S. veterans? Well, I cannot do that. That is why I am at odds with some of the people whom I really love and respect in this institution.

As I said earlier today, I have done a tremendous amount of research on this issue because so many people have suggested with a high degree of certainty there was a promise that was made. Well, I cannot find that promise. According to information provided at a 1998 congressional hearing, the Department of the Army examined its holdings on GEN Douglas MacArthur and President Franklin Roosevelt and ``found no reference by either of these wartime leaders to postwar benefits for Filipino veterans.''

Now, I am going to ask that another chart be put up that displays the difference in Filipino veterans because I think most would believe there is one target we are after. What you see here is four different groups. You see Old Scouts. These are the Filipino soldiers who signed up with the U.S. Army, and they served side by side in the U.S. Army. Today, they receive every benefit, except for those living in the Philippines and outside of the United States. And medical care is only provided at a clinic that the VA has in the Philippines. Every other benefit they get. They are getting pensions. They are getting death pensions for their survivors. They are getting burial benefits. They are getting everything because they were part of the U.S. Armed Forces, even though they are Filipino.

The other three categories you see: the Commonwealth Army of the Philippines, recognized guerilla forces, New Philippine Scouts--yes, they were under the command of U.S. forces. Everybody in the Pacific was under U.S. force command. But they actually enlisted in the Filipino forces. We never solicited them. They could have joined the U.S. Army. They chose not to.

The reality is that just about every benefit, except for two, was extended to even the three groups that are the Filipino veterans. The two glaring exceptions are pensions for nonservice-related disabilities--nonservice-connected disabilities--and the death pension for survivors.

So what I want everybody to understand is, in a bill that totals over $900 million--that, I might add, we are funding. We are offsetting it because a court ruling took this away from U.S. veterans. We took money away in benefits from U.S. veterans. We are now using this $900 million the courts extracted to say we are going to enhance the benefits for our veterans here at home. As a matter of fact, over $300 million of it is life insurance changes we are making. And, yes, our veterans are benefiting from it. But $100 million of that $900 million is going in this category to beef up our commitment to Filipino veterans. But there is $221 million that is going to create a special pension, a pension for those Filipino troops who served as part of the Filipino military who were commanded by U.S. forces and never injured in combat. Let me say that again: Filipinos who live in the Philippines who were under U.S. command who served in the Filipino Army and have no service-connected disability.

This is not about disabilities. This is about a windfall. This is about a windfall that exceeds what our standard is here for our veterans, which is 10 percent above poverty, and currently the Filipino veterans are over 400 percent above poverty; and some in this institution suggest that the right thing for us to do is to raise their pension to 1,400 percent over the poverty level in the Philippines.

Some might say: Was it Congress's intent to grant full VA benefits to Filipino veterans? It is important to note that it was a 1942 VA legal opinion which concluded that Filipino veterans had served ``in the active military or naval service of the United States'' and on that basis were eligible for VA benefits.

Senator Carl Hayden, chairman of the subcommittee on appropriations, had this to say about the VA's legal determination regarding Philippine Army veterans during committee proceedings on March 25, 1946:

There is nothing to indicate that there was any discussion of the meaning of that term, probably because it is generally well recognized and has been used in many statutes having to do with members or former members of the American armed forces. It would normally be construed to include persons regularly enlisted or inducted in the regular manner in the military and naval service of the United States.

I go on:

But no one could be found who would assert that it was ever the clear intention of Congress that such benefits as are granted under ..... the GI bill of rights--should be extended to the soldiers of the Philippine Army. There is nothing in the text of any of the laws enacted by Congress for the benefit of veterans to indicate such intent.

This is our colleague in 1946.

I go on:

It is certainly unthinkable that the Congress would extend the normal meaning of the term to cover the large number of Filipinos to whom it has been suggested that the Servicemen's Readjustment Act of 1940 applies, at a cost running into billions of dollars, aside from other considerations, without some reference to it either in the debates in Congress or in the committee reports.

Now, I am quoting from the history of our congressional hearings, of our Senate hearings, in 1946, from the chairman of the subcommittee on appropriations.

Again, we have the Department of the Army examining the records of GEN Douglas MacArthur. We have the Department of the Army examining the papers of Franklin Roosevelt. They find no references by either of these wartime leaders to postwar benefits guaranteed to Filipinos. We have the records of the congressional hearing, and Senator Carl Hayden says: I have looked. There is nothing that suggests that this promise was ever made. Yet individuals come to the floor and they make this claim.

Now, I am convinced that--we are dealing with something 50 years later--it is very possible that memories are not exactly the same, that one person's recollection may be different today than it was in 1942 or 1944 or 1946. All the basis we have is to go back in history, to look at the documents, to see what the commitments were, and, more importantly, to try to get inside the heads of our colleagues then, to understand: If it was not in the letter of the law, what was the intent? Senator Hayden makes it very clear: It is not only not the letter of the law, it is not the intent of the Congress of the United States.

Now, what factors influenced Congress's decision to limit certain VA benefits to Filipino veterans in what is known as the Rescissions Act of 1946?

You see, in the United States we have the rule of law. When the courts determined, under their understanding, this set of benefits would apply, Congress actually passed legislation to rescind what the courts had awarded.

Again, quoting Senator Hayden:

The GI bill of rights is intended to benefit an American who served in the armed forces and who, upon discharge from the service, returns to civil life in the United States, where American standards of living prevail. . . . Whenever any part of the GI bill of rights is extended to Filipino veterans, the cost of living in the Philippines and other economic factors must be given careful consideration.

Let me go back to the chart I referenced. That is all we are applying. That is the only standard I am asking my colleagues to look at: that when we apply what sounds in the United States like a meager amount--$120 a month--what we are talking about is 400 percent over the poverty level. When we talk about increasing by $300 a month the pension, what we are doing is we are taking potentially a Filipino veteran who is already 400 percent over poverty, or more--assuming they have no other income--and we are putting them at 1,400 percent over poverty, which puts them way above the middle class of the Philippines. This is a tremendous windfall when you look at it from the standpoint of the size of the Philippine economy.

Mr. President, in total, S. 1315 proposes about $900 million worth of spending over 10 years. I will ask that a chart be put up so everybody can see what S. 1315 does. I think many have construed that I am opposed to S. 1315. I am the ranking member. I only have one piece I am opposed to. I have been accused of holding the bill up since last August. I have tried to negotiate this one piece since last August. What you see there is the Filipino piece, which is No. 1 on the list--$332 million out of $900 million. The actual pension issue is $221 million. There is the term life insurance program, $326 million for our kids; the State approving agencies, $60 million; mortgage life insurance, $51 million. You can go down the list. It is $909 million worth of benefits. I am only addressing a small sliver. It is a quarter of it in dollars, but it is a small piece. I am for everything else.

If you take the Filipino special pension out, today I will propose to pass it under unanimous consent. I made the offer to the majority leader yesterday. This chart lists all of the provisions of S. 1315, from the most expensive provision to the least expensive provision. Again, you can see that the Filipino piece is the most expensive provision in S. 1315.

During a time of tight budgets, and when multiple commissions have recommended that Congress focus our resources to improve the benefits of our U.S. returning combat veterans, it is plain wrong to put the needs of Filipino veterans, with no service-related injuries, who are residing in the Philippines, ahead of our own service-injured men and women returning from war. I am not sure it is defensible to suggest that we are going to institute that special pension, which means we are not going to divert that $221 million to our men and women.

I will have a substitute amendment tomorrow. The only change in my substitute amendment is that it keeps intact everything but the special pension. It diverts the special pension and it enhances the ability for housing upgrades for our disabled troops to be made from $50,000 to $55,000. It provides additional grants for disabled veterans who need upgrades to their vehicles that they drive; it will up the special grants by $1,000. We are going to address additional burial benefits. We are going to address some discrepancies in education benefits for our Guard and Reserve. We are using the $221 million solely to divert it to our veterans.

Each of us has met with veterans organizations and constituents who have asked us to address the needs that exist in the veterans community, particularly the needs of soldiers, sailors, airmen, and marines who are defending us in the war on terror. The distinguished majority leader touched on this very point last Friday. Frankly, after reading his comments, I was hopeful he might support the amendment I am offering, the substitute amendment. On Friday, he talked about the number of Americans who died in Iraq. He talked about those who are coming home with physical and mental wounds. He made the following statement:

At the height of this war, with soldiers being wounded every day and soldiers coming home from Iraq every day, we can't even get a bill to deal with their health to the Senate floor.

All I have ever asked for is a fair opportunity to amend the bill and a fair length of time to debate the bill. The majority leader has to make decisions as to whether he files cloture motions. He has filed 67 of them, because 67 times they tried to short the minority on our ability to exercise the rights we have as the minority, which are not many.

But 67 times it has been done, so 67 times he filed a cloture motion. That is part of leading; I am sorry.

But don't suggest that the No. 1 thing that you are for is our guys, when $221 million of this is going to set up a new special pension fund for Filipinos, who live in the Philippines, with no service-connected disability. It is disingenuous.

There is consensus in this body for everything else in S. 1315, except for one provision. We have tried for months to negotiate that one provision. For my colleagues who want to know why this bill has been at a standstill, it is because we have been trying to shift the money to our kids--our children and our grandchildren. At the committee markup last June, Senator Craig put forward an amendment to redirect the Filipino pension fund to other priorities. It was rejected on a straight party-line vote--another rarity in the Veterans' Committee. We don't have party-line votes in the Veterans' Committee. For some reason, this year we have now had them.

In December, shortly after the Dole-Shalala disability commission recommended we improve a host of benefits for war-injured veterans, I offered another proposal to redirect the spending on pensions for Filipinos to higher priorities. It too was rejected. Any claim that there has not been an attempt to try to negotiate what is in this bill is ludicrous. I put that proposal in the form of a bill, S. 2640. We cannot hide from it. We will vote on it. Members will be asked to choose between our veterans and a 1,400-percent pension over the poverty line in the Philippines. That will happen tomorrow.

This comes down to where our priorities are--the Senate and this Congress. I believe our priorities should be on increasing the benefits that apply to our guys. I believe that the substitute amendment I will offer that increases housing grants for profoundly disabled veterans who need their homes modified is important. It should be a priority. I believe the auto grants for profoundly disabled veterans who need the freedom of mobility to live independently is a priority. I believe improvements to the education benefits for returning Guard and Reservists is a priority. I am sad to say that we do increase the burial benefits. I am sorry it is a provision that people have to take advantage of. But burial benefit increase is a priority of this country. I believe all of these things are absolutely crucial.

I met a veteran from North Carolina last year, Eric Edmundson. He needed a vehicle because of his disabilities. An unbelievable soldier; an unbelievable American. He will never fully recover. He will only be mobile with the help of the aids we can make available to him. The Edmundsons found an accessible van to accommodate Eric's injuries for $45,000. They had to pay $14,000 out of pocket.

Can we put the need of that van for Eric Edmundson as a top priority? We can if, in fact, we shift the $221 million that is going to people who have no service-connected disability, don't live in the United States, aren't U.S. citizens, didn't serve in the U.S. Army, but were under U.S. command during World War II. We are not going to be able to do it if, in fact, we don't shift the money.

My amendment would increase the auto grant benefit to $16,000 and, more importantly, in the case of the housing benefit, the auto benefit, and the burial benefit, it would index it so that annually we don't have to go in and legislate an increase. It increases with inflation, so for the first time what Congress does is actually thinks about the future and makes sure our veterans receive a benefit that is reflective of the inflation in between times that we have legislated.

Creating a pension in the Philippines, I suggest, is simply bad policy. I will make a comment on why the Philippine pension is not only the wrong priority, it cannot be justified as a matter of fairness. It is important to understand that VA pensions are designed for veterans, as I said earlier, to stay out of poverty. When we left the Philippines, we made some commitments to the Filipino Government. We transferred to them multiple hospitals and all the equipment that was in those hospitals. As a matter of fact, we granted them, at the time, a tremendous amount of money. That money, in today's standards, would be well into the billions of dollars. We didn't walk away and leave anybody without. We made sure that we rebuilt the country, but we also left the infrastructure that was most needed.

Let me suggest to you that this pension creates a new inequity. There were a lot of troops in the Second World War under U.S. command. They might not have been a territory of the United States, but they signed up for their army, and they were under U.S. command. What is to keep them from claiming they are owed a special pension from the United States? They have never done it. These are the only ones who have. If you think of all of our global partners who could claim, based upon this precedent, quite frankly, it would be a difficult thing for this country to deal with.

As I said earlier, this new spending is paid for by reversing the effects of a U.S. Court of Appeals decision for veterans' claims decision that granted extra pension benefits to elderly and poor U.S. veterans in a manner that was never intended by Congress.

Let me explain in layman's terms what that means. The VA made enhanced payments to U.S. veterans--benefits that were never intended in the letter of the law or in the intent of Congress. When the courts determined that, they pulled back about a billion dollars from this country's veterans. It is that billion dollars that is used in the offset for the $909 million spending plan we have in front of us today. I may argue the court's decision, but to take money from veterans in the United States, who are slightly above the poverty threshold, and spend it on a new special pension for Filipino veterans, who are already 400 percent above poverty in the Philippines, is flat wrong.

Let me say that again. What the court exercised was to take money away from U.S. veterans who are slightly over poverty, and I have said constantly what we do with special pensions in the United States, we get about 10 percent over the poverty line. We have Filipinos today at 400 percent over the poverty line, and the debate we are having is whether we go to 1,400 percent over the poverty line.

One of the largest service organizations, the Veterans of Foreign Wars, agrees. It passed a resolution in August urging Congress to use funds from reversing the effects of the court decision on U.S. veterans and not to create new benefits for Filipino veterans. If my colleagues adopted that approach, as many of us have urged from the beginning, S. 1315 would have become law in August 2007.

The chairman of the Veterans' Affairs Committee is a good man. He is a friend. He sent me a letter on April 10, asking for my cooperation on a way forward with some of the contentious issues in S. 1315--primarily this--but on the very next day the majority leader was already talking about filing a cloture motion on the bill. I was perplexed a little. On the one hand, I had an offer to negotiate a way forward; but on the other hand, I have a cloture vote being proposed. I am not sure where the disconnect is. I don't like to look back. I believe we should look forward.

I am prepared to go to the bill. I believe it would be extremely healthy for this Congress and for the American people to be educated on exactly what this is about because this truly does beg where we place our priorities from the standpoint of the Senate. Are our priorities to fund our veterans, our kids with service-connected disabilities, or is our goal to set up a special pension for non-U.S. citizens who live in the Philippines, with no service-connected injuries, and to divert that money away from our kids?

The answer is pretty simple for me. I believe our priority is to make sure our troops get it. I believe our priority should be to make sure our soldiers get whatever they need, to make sure the Eric Edmundsons of the world have the van they need for their disabilities, to make sure those who need adaptive housing because of their severe disabilities from war have the money they need to upgrade their house so they can maneuver in it.

I daresay, a $1,000 increase on the auto grants and a $5,000 increase on the adaptive housing is not enough. I can tell my colleagues, we need to do more, and I am committed to say today I will do more. But how are we going to do more if we show something as irresponsible as a decision to spend $221 million that we have taken from U.S. veterans, away from people slightly over the poverty level, to allow it to go to individuals who are going to be above the middle class in the Philippines?

How can any veteran in America believe we are serious about prioritizing how we spend money in the future if, in fact, we display this type of judgment and willingness to extract money from our veterans to create new programs?

I am fairly confident we have a number of Members who would like to speak on this bill this evening. It is my hope we will have an opportunity to turn to consideration of the actual bill and to entertain any amendments our colleagues plan to offer on this bill.

When the majority leader left the floor earlier today, he said it was his request that we move as quickly to conclusion of this bill as we possibly can. I have given my colleagues a small snippet tonight of what the history I looked at says of our leaders at the time. There was no documentation, there was no hearsay, there was no intent of those leaders or the Congress to
actually extend a benefit such as those that have been described by some of my colleagues.

Clearly, this Congress, as any Congress of the future, could elect to add a benefit. For 50 years, the Congress could have added this benefit. The further we get from the 1942 act and the interpretation by the Court and the further we get from the 1946 Senate hearings that initiated the Rescissions Act that took the Court's interpretation of what the Filipinos were due away, I am convinced it requires somebody to do their homework and come to the floor and remind us of where our priorities are in this country; that until we have more than our kids need, the right priority is to spend it on ours and not necessarily on somebody else's.

I reiterate the fact that our veterans and our VA pension is designed for veterans who have no service-related injuries and who are poor, according to the U.S. definition of poverty, and the maximum VA pension payable to a U.S.-based veteran puts him at 10 percent above poverty and at 17 percent of the median average household income.

Again, the Philippine Government currently provides a $120 pension to this brave group of Filipino veterans, putting them at roughly 400 percent of poverty in the Philippines and 35 percent of the average household income. Adding an additional VA pension today, adding the pension that is already in S. 1315, would put a single Filipino veteran at 1,400 percent of the Filipino poverty level and 21 percent above the average household income.

Think about that. Our special pension is going to put them 21 percent over what the average Filipino makes annually.

If the argument I have made is not credible from the standpoint of prioritizing our spending, that it should be our kids and not necessarily their veterans, then I ask my colleagues: Is this our responsibility? Our responsibility is to take individuals and to put them 21 percent over the average working Filipino? I do not believe so. I do not believe that is a good thing. I believe it is wrong. But that is what we are being asked to do.

I am not sure the VA was intended to take people and put them in the middle class or, in the case of the Philippines, to put them above the middle class. It was to make sure our soldiers and their soldiers do not live in poverty. Clearly, they are doing better than we are today, and I challenge us to do more about ours, or maybe it describes for us the choice we have before us, that this would be ill-advised for us to proceed forward.

Since World War II, the United States of America has provided a tremendous amount to Filipino veterans. Congress authorized the construction and equipping of a hospital for the care of Filipino veterans. The Filipino Memorial Hospital Center VMMC was dedicated in 1955 and turned over to the Filipino Government free of charge. Congress authorized the transfer of another hospital located at Fort McKinley in the Philippines, including all the equipment contained in the hospital, to the Republic of the Philippines. Congress provided that annual grants be made to the Philippines to purchase equipment and material for the operation of these hospitals. Congress also authorized disability compensation, survivor compensation, funeral and burial benefits, dependents' educational benefits at the rate of 50 cents on the dollar for individuals residing in the Philippines and full-dollar benefits for those residing in the United States. Full eligibility for VA health care was provided to Filipino veterans legally residing in the United States.

We have done a lot. I am sure it is not as much as some want. We are faced with a job where we have people come in and ask every day--there is something everybody needs. I learned very early in life that the toughest thing to learn in life is to say no because that means somebody is upset with you. But you cannot go through life without learning the word ``no.'' You cannot do it in business, and you clearly cannot do it in politics. Maybe that is why Charles de Gaulle said politics is too serious a matter to leave up to politicians. It requires a participation level of the American people.

My hope is, over the next day, 2 days--whatever the leadership decides is the future of this bill--that we will have an opportunity to educate the American people and, at the same time, we will educate Members of the Senate that no matter how far you want to look back, no matter how much you want to try to speculate what went on, that when you stick with the written word, when you look at what President Roosevelt said, when you look at what General MacArthur said, when you look at what the Senate did and Senator Hayden--and they were there at the time and the Senate was charged with determining whether this benefit was appropriate--that from all the information in real time they looked at, their decision was the Rescissions Act, to take away what the courts had awarded.

Now, 50 years later, we are being asked not to apply what they thought was correct but to apply what we think today. Even if you use that standard, I daresay you cannot make a claim that a special pension that puts Filipino veterans who live in the Philippines, with no service-connected injury, 21 percent over the median income in the Philippines is the right thing for us to do.

I know there are several Members who are going to come over shortly. I expect Senator Chambliss any minute.

I yield the floor and suggest the absence of a quorum.

BREAK IN TRANSCRIPT

Mr. BURR. I thank my friend and colleague from Georgia.

I think my colleague put it very well. The big question is, has the U.S. Government met its obligation to Filipino veterans? I think that is at the heart of what some Members have raised with respect to this special pension. Let me say, Filipinos who fought under U.S. command in World War II were no doubt invaluable to the victory in the Pacific. Yes, they were U.S. nationals at the time, but they were also on a timetable to transition to a newly independent, sovereign Philippine Union. Thus, their welfare has always been a shared responsibility between the U.S. Government and the Philippine Government.

Here is what the U.S. taxpayer has already funded to meet United States commitments to the Filipino veterans. After the war the U.S. provided $620 million--that is $6.2 billion in today's dollars--for repair of public property, war damage claims, and assistance to the Philippine Government. VA compensation for service-related disabilities and survivor compensation was also provided, paid at a rate that reflected differences in the cost of living in the Philippines.

Let me suggest, about this cost of living consideration, the first time it has been raised is not today by me. It was actually applied in the 1940s, at the conclusion of the conflict, to the United States.

No. 2, the United States provided $22.5 million--$196 million in today's dollars--for the construction and equipping of a hospital in the Philippines for the care and treatment of Filipino veterans. In addition, the United States provided annual grants for operation of the hospital which was later donated to the Filipino Government. The grant assistance continues to this day.

Survivors of Philippine veterans who died as a result of service are eligible for educational assistance benefits, paid at a rate that reflects the differences in the cost of living.

All of a sudden we have second reference to payments being made in the Philippines at the conclusion of the conflict where the cost of living differential was considered in what the United States payment was.

Filipino veterans legally residing in the United States are entitled to a full rated compensation, full rate cash benefits, full access to the VA health clinics and medical centers, and burial in our Nation's national cemeteries.

In addition to that, I have mentioned another hospital at Fort McKinley that was donated to the Philippine Government.

The big question for Members of the Senate and members of the Roosevelt administration, the Secretary of War at the time, was how can we best help the Filipino people? How can we best help these veterans? It was to reconstruct the country. It was to create an infrastructure where health care could be delivered. It was to repair roads. It was to repair the infrastructure so the Philippines post war could have an economy, not dissimilar to the Marshall plan in Europe where the United States and others--primarily us--funded the reconstruction of much of Europe. That is because we knew a country without an economy, without the ability to manufacture something, without the ability for its people to earn something, probably would not survive.

We made the right decision. We pumped into the infrastructure billions of dollars by today's standards. We gave them hospitals. We built them hospitals. We gave them equipment. We bought them equipment. Today we still provide a grant assistance to the Philippines for the care of Filipino veterans.

Some might say if we had a different administration maybe things would be different. On July 25, 1997, the Senate Committee on Veterans' Affairs heard testimony of Stephen Lemons, Acting Under Secretary for Benefits, in opposition to the bill granting full VA benefits to Filipinos. It was not the Bush administration, it was the Clinton administration. This has spanned 50 years. Think of the numbers of administrations. The quote then was:

Its enactment would upset decades-old policies which have authorized some but not all VA benefits based on this service.

I go on:

History shows that the limitations on eligibility for U.S. benefits based on service in these Philippine forces were based on a carefully considered determination of the government's responsibility towards them.

I also continue:

Current law appropriately recognizes our two nations' shared responsibility for well-being, and should not be changed as proposed by this bill.

The Clinton administration lobbied Congress not to do what we are considering doing in S. 1315. What is it? To extend a new, special pension to Filipino veterans who live in the Philippines, who have no service-connected disability, that, along with the Philippine pension that is currently in place, would put these individuals at 1,400 percent over the poverty line and 27 percent over the average median income of the Philippine people.

Now, I went a little bit further. I checked out this book from 1948. It is called House Committee Hearings. I want to turn to one section I think is pertinent to this debate. Because 1946 was the year we passed the Rescissions Act. The Rescissions Act revised the Court's interpretation of what were VA benefits. This sheds a tremendous amount of light on the difference between my understanding and what those who were charged with investigating U.S. obligations at the time were.

There was a Father Haggerty who testified in front of the committee. These are Father Haggerty's words:

It was constantly promised that as the Ambassador mentioned in radio broadcasts, official American broadcasts to the Philippines during the war, it was definitely promised by General MacArthur, General Wainwright, and also it has been acknowledged, I believe, that Filipino groups recognized the guerillas, acting as members of the United States Armed Forces, were entitled at one time to the complete GI bill of rights; that is, they were included. I believe that is correct, and were later left out.

Mr. Allen, a member of the committee:

May I say this, Father, I know you are sincere about it. But I think you are in error there because there are three or four of us here on the committee who were present when the GI bill was written. And I do not think this was ever entered into.

The chairman: ``It did not come up?''

Mr. Allen: ``The Filipinos never entered into it.''

Father Haggerty: ``I am also speaking of the impression that they all had.''

Mr. Allen: ``We are not responsible for impressions, of course.''

I said earlier I have tremendous respect for my colleagues who are on the
opposite side of this issue with me. I am sure their recollections--they served, I did not--are probably as accurate as Father Haggerty, who in 1948, voluntarily, I think, went in front of a House committee, probably the veterans committee, along with an ambassador, and the Ambassador swore: ``This is what I understood.''

Father Haggerty said:

This was what I--I heard it, I heard the American Government say it. I heard General MacArthur say it, General Wainwright say it.

Well, I said earlier to those who were listening, we had testimony from the Army that said: We looked at General MacArthur's records. We looked at President Roosevelt's records. There was never an intent for this to be extended.

Now, what we find in the Congressional hearing in 1948 is those specific questions were asked by members, and Father Haggerty swears this was accurate, that we said this, that this was the intent of the GI bill.

And Mr. Allen, a member of the committee:

May I say this, Father? I know you are sincere about it. But I think you are in error. You are in error because there are three or four of us on this committee who were present when the GI bill was written, and I do not think this was ever entered into.

I am sure as we go through this, we are going to find others who come to the floor and say: Listen, I know this was the intent of Congress. It is probably the way they envisioned it today. But when you go back to the actual records of the 1940s, when you go back to the 1948 testimony, when you go back to the 1946 rescissions bill, when you go back to 1944, and Senator Hayden, this has been explored over and over and over. In every case, with different members, they came to the same conclusion. Let me read from a more recent committee hearing, the committee hearing that took place last year with Senator Craig, who was then ranking member of the committee, as he talked to Mr. Ron Aument.

He said:

Ron, let me take off from where the chairman has gone with a couple of questions. If the committee were to structure a pension benefit for those residing in the Philippines that had the same purchasing power that a pension recipient in the United States had, what would be the equivalent maximum pension benefit? Have you ever done any calculations based on S. 57?

Mr. Aument: Yes, we have, Senator Craig. It has not been a simple calculation because some of the economic statistics that we would be turning to are not as readily available to us. Having said that, if we take a look at what today's pension rate for an American veteran is with one dependent, we mentioned it was around $14,000 annually, and contrast that to the average household income for the most recent census statistic we had at around $46,000 annually, it is around 30 percent of the average household income.

If we were to compare that to the average household income in the Philippines of around $2,800, we are speaking around $820 annually in the form of a pension.

So last year, to bring on par with the United States, on what we do with special pensions for veterans, we made a commitment that they will not live in poverty. What Mr. Aument said was:

If we calculated today the Filipino pension, that would be identical to the U.S. pension, it would be $820. The existing Filipino pension to the Filipino veterans is $120 a month, which equates to 400 percent above poverty.

Our own witness early last year basically said that the average household income in the Philippines was $2,800, and $820 annually would put a Filipino veteran on the same par with an American veteran receiving a special benefit, a special pension.

Yet what we are here to debate over the next several days is whether the Senate is going to extend to these Filipino veterans who live in the Philippines, who have no service-connected disability, a pension, in combination with the Philippine Government, that will equal 1,400 percent above poverty, that will equal 27 percent above the median income in the Philippines.

We base this all off the belief that we made a promise we are not keeping. I gave three specific instances before, I read from the committee hearing from last year, that dispel any belief that there was ever a promise. The 1948 account I read from the House committee hearing is not the only one; it is the 1946 Rescissions Act, it is the 1944 hearing with Senator HAYDEN. All of them point to the fact that those people who were involved in crafting, writing, and passing the GI bill had no intent for this benefit to ever be extended.

I am hopeful my colleagues will see the priorities we are faced with as it relates to our own veterans, that they will look at these severely disabled soldiers and sailors and airmen and marines who are coming back from Afghanistan and Iraq today, having given their all, injured in a way we cannot replace but with an opportunity to supplement their quality of life.

We can supplement that through a number of different fashions. We can supplement that by extending and raising the housing provisions for their ability to adapt their houses to their disability, $5,000 more dollars; we can raise the grant allowance for cars so individuals such as Eric Edmundson's family is not stuck with $14,000 out-of-pocket to make sure they have a van that his wheelchair can go into, that lifts him up, and gives him the ability to have some degree of mobility.

I think that is the priority. That is the choice tomorrow that Members of this body will be given in a substitute that I will propose, that still embraces the majority of what Senator Akaka had in his bill but eliminates one glaring thing, it eliminates the special pension for Filipino veterans who live in the Philippines, with no service-connected disability.

It replaces it with an expansion of veterans' benefits for our soldiers or our airmen, our soldiers, our marines. I am convinced this is not only the right thing to do, that we have a historical blueprint that tells us that folks before us who held our jobs have already judged that this is not a promise that is broken; that when you look at the numbers, I am not sure you can be more compassionate. We are not this compassionate to our own troops, to our own veterans.

How can anybody come to the floor and make a claim that providing a pension 1,400 percent above the poverty rate, when our veterans are at 10 percent above poverty, is equitable or fair; that there should be one taxpayer who should be asked to contribute to something that does not affect increasing the quality of life of our veterans first and foremost.

I think America would hold a different compassion if the current Philippine pension did not provide a cushion between poverty and the stipend they get of 400 percent. I think we can make the case that it is not a big enough cushion to have American veterans only 10 percent above the poverty line.

But we have an opportunity not to grow it from 400 to 1,400 and to use that extra 1,000 percent to actually affect the lives of our service personnel who are severely disabled who are coming home every single day.

It is my hope and my belief that tomorrow my colleagues will understand the importance of my substitute amendment. It does not devalue the contribution the Filipino veterans made to the United States and to the war in World War II. What it does is recognize the commitment we already made to the Philippines, to its people, recognizing the fact that the group that we are talking about was part of the Commonwealth Army of the Philippines, not the Army of the United States; that even though they were commanded by Americans, they were part of a military that existed within the Philippines, and to suggest that being part of somebody else's Army but commanded by us would suggest that most everybody who was under U.S. command in World War II in the European theaters would now be eligible if this precedent went through for a special pension, that is not the intent of this Congress, it is not the intent of past Congresses, and certainly I do not think it is the intent of the American people.

I believe the responsible thing to do is to pass this package that has over $900 million worth of benefits, $800 million under the substitute that would go to our children and our grandchildren, and 100 million that would go still to Filipino veterans who live in the United States or live in the Philippines but have service-connected disabilities.

We are not an uncompassionate country. We do not believe our taxpayers should help to drive an income level of someone else to a point that we are not willing to commit to our own. When we have our veterans at 1,400 percent of poverty, I am willing to come to the floor and talk about putting their veterans to 1,400 percent of poverty.

But those who have held our job before us have already determined there is not a promise, there is not an obligation, there is not a piece of paper that said we were going to do this. A lot of people think there was. But there was not.

I look forward to the opportunity to debate the amendment and to debate in more depth the history of this benefit and this obligation.

I yield the floor, and I suggest the absence of a quorum.


Source
arrow_upward