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Before Congress adjourned for its August recess, House Speaker Nancy Pelosi assured supporters of the Filipino Veterans Equity Bill (S.1315) that she would put the bill to a vote when Congress resumed in September. It has been two weeks since then - with just two weeks left to go before Congress adjourns - and there is still no word as to when,
or if, the House will vote on S. 1315. What has happened since?
Because S.1315 is about 40 votes short of the 218 needed to secure its passage in the House, the speculation is that Speaker Pelosi is reluctant to bring the issue to a vote because of fear that Democrats in close races would lose their seats if they voted20for the bill and their Republican rivals point to this vote as an example of how the
Democrats cared more about "foreign" veterans than "our own" American vets.
Instead of voting on the issue of whether Filipino veterans deserve to be properly compensated for their military service to the US during WW II, House Republican opponents of S. 1315, led by Rep. Steve Buyer (R-Indiana), have cleverly redefined the issue. Buyer has transformed the issue to whether the House should overturn the Hartness decision.
During a floor debate on the veterans' bill last July 31, 2008, Buyer declared, "We are not going to repeal Hartness. Hartness comes from a 2006 United States Court of Appeals veterans claims decision that overturned the Department of Veterans Affairs decision that denied an 86-year-old legally blind World War II veteran, Robert A. Hartness, a VA benefit called a special monthly pension. That is what they wanted to overturn. The court reversed the VA's denial of benefits to Mr. Hartness, and required the VA to begin making those payments."
Because the "Pay-Go" policy of the House requires Congress to determine where the money would come from for any bill requiring appropriations,
Congressional supporters of S.1315 used the savings that would come from reversing the Hartness decision to finance the Filvets bill.
As Sen. Daniel Akaka (D-Hawaii) explained in his Senate speech on June 2, 2008, "Despite the fact that the purpose of the provision in S. 1315
which reverses the Hartness decision is to do nothing more than restore the clear intent of Congress, it has been mischaracterized by some as
an attempt to withdraw benefits from deserving veterans in order to fund benefits to Filipino veterans. That is simply not the case. Such
accusations fail to appreciate the facts of the matter that led the Senate to take corrective action."
Rep. Buyer asserts that 20,000 American veterans will be deprived of the extra benefits that they are receiving if S.1315 passes and reverses the Hartness decision. "Let's do not repeal or overturn the
Hartness decision because you need $1 billion and so we are going to take it from World War II elderly, disabled, housebound veterans. That is a little bizarre and disturbing to me," Buyer said.
The fear is that Republicans will run ads in the congressional races of vulnerable Democratic supporters of S.1315 charging that the Democrats
voted to strip 20,000 American veterans of their veterans' benefits just to pay 13,000 "foreign" Philippine-based veterans.
Perhaps the most outspoken veterans' organization opposing S.1315 is the American Legion. While attending the Democratic National Convention
in Denver, the "Amok" columnist had the opportunity to discuss the Filvets issue with Steve Robertson, director of the American Legion's
National Legislative Commission.
Robertson, it turned out, is not opposed to S.1315 and suggested "two sure-fire ways to bypass the fears of some congressmen all in a tizzy."
His suggestions: "First, Congress could simply waive the budget rules, which is done all the time. Second, it could attach S.1315 to an emergency supplemental bill or a continuing resolution, which do not fall under the provisions of the Balanced Budget Amendment."
Rep. Bob Filner (D-CA), the chair of the House Veterans Affairs Committee, is prepared to introduce a bill this week that would give Filipino WW II veterans a lump sum amount, similar to what Japanese Americans received for their WW II internment. Filner's bill would provide $15,000 for US-based veterans and $9,000 for vets in the
Philippines. Filner proposed this same amendment last July 31 and it prompted Speaker Pelosi to come down to the floor and assure Filner and other Filvets supporters that S.1315 will be brought to a vote. Based on that assurance, Filner withdrew his amendment.
But since S.1315 has not been brought to a vote, Filner is prepared to use the same ploy again to draw the Speaker to address the issue of S.1315 again.
Whatever it takes. Let's just get it passed. We're running out of time.
(Please send comments to Rodel50@aol.com or write to the Law Offices of Rodel Rodis, 2429 Ocean Avenue, San Francisco, CA 94127 o call (415)
334-7800. For past issues, log on to Rodel50.blogspot.com)
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