Paintings

“Heather”

Original photograph:

Edited for scale and converted to black and white:


The Text used were the laws that made up the Rescission Act of 1946 that retroactively annulled benefits payable to Filipino Troops who fought with the U.S. in WWII:

Public Law 79-301, the First Supplemental Surplus Appropriation Rescission Act, authorized a $200 million appropriation to the Commonwealth Army of the Philippines, with the provision that service in the Commonwealth Army of the Philippines should not be deemed to have been service in the military or naval forces of the United States.

Public Law 79-391, the Second Supplemental Surplus Appropriation Rescission Act enacted in 1946, provided that service in the New Philippine Scouts was not deemed U.S. military service.

“FIRST SUPPLEMENTAL SURPLUS APPROPRIATION RESCISSION ACT, 1946” 

(PUBLIC LAW 301-79TH CONGRESS)

(CHAPTER 20 -2D SESSION) 

AN ACT REDUCING CERTAIN APPROPRIATION AND CONTRACT AUTHORIZATIONS AVAILABLE FOR THE FISCAL YEAR NINETEEN HUNDRED AND FORTY SIX AND FOR OTHER PURPOSES.

Be it enacted by the Senate  and House of Representatives of the United States of America in Congress assembled:  That the appropriations and contractual authorizations of the departments and agencies available in the fiscal year 1946, and prior year unreverted appropriations, are hereby reduced in the sums hereinafter set forth, such sums to be carried to the surplus fund and covered into the Treasury immediately upon the approval of this act.

TRANSFER OF APPROPRIATIONS 

In addition to the transfer authorized by Section 3 of the Military Appropriation Act, 1946, transfer of not to exceed the amounts hereinafter set forth may be made, with the approval of the Bureau of Budget, from the appropriation “Ordinance Service, Army” to the following appropriations:

Army War College, $23,819

Command and General Staff School, Fort Leavenworth, Kansas $30,189, Quartermaster Service, Army $7,881,967, Rock Island Bridge, Rock Island, Illinois $5,719, Instructions in Armored forced activities $389,756, Maintenance and operation, United States Military Academy, $1,323,884, Army of the Philippines,  $200,000,000;  Provided, That service 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 of the United States dated July 26, 1941, shall be deemed to be or to have been service in the military or naval forces of the United States or any components thereof for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the military or naval forces of the United States or any component thereof, except benefits under 1) the National Service Life Insurance Act of 1940; and amended, under contracts heretofore entered into, and 2) laws administered by the Veterans Administration providing for the payment of pensions on account of service connected disability or death;  Provided, further, That such pensions shall be paid at the rate of one Philippine peso for each dollar authorized to be paid under the laws providing for such pensions:  Provided, further, That any payments heretofore made under any such law to or with respect to any member of the military forces of the Government of the Commonwealth of the Philippines who served in the service of the armed forces of the United States shall not be deemed to be invalid by reason of the circumstances that his service was not service in the military  or naval forces of the United States or any component thereof within the meaning of such law.

Section 301.  This Act may be cited as the “First Supplemental Surplus Appropriation Rescission Act, 1946.”

 APPROVED, FEBRUARY 18, 1946

38 U.S.C.
United States Code, 2011 Edition
Title 38 – VETERANS’ BENEFITS
PART I – GENERAL PROVISIONS
CHAPTER 1 – GENERAL
Sec. 107 – Certain service deemed not to be active service
From the U.S. Government Publishing Office, www.gpo.gov
§107. Certain service deemed not to be active service

(a) Service 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, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under—

(1) contracts of National Service Life Insurance entered into before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except—

(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or (C) under section 1922 of this title; and

(2) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.

Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar.

(c) In the case of benefits under subchapters II and IV of chapter 11 of this title and subchapter II of chapter 13 (except section 1312(a)) of this title paid by reason of service described in subsection (a) or (b) to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.

(d)(1) With respect to benefits under chapter 23 of this title, in the case of an individual described in paragraph (2), the second sentence of subsection (a) or (b), as otherwise applicable, shall not apply.

(2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after November 1, 2000, or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003, if the individual, on the individual’s date of death—

(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

(B) is residing in the United States; and

(C) either—

(i) is receiving compensation under chapter 11 of this title; or

(ii) if the individual’s service had been deemed to be active military, naval, or air service, would have been paid pension under section 1521 of this title without denial or discontinuance by reason of section 1522 of this title.


The Rescission Act of 1946 explained:

https://en.wikipedia.org/wiki/Rescission_Act_of_1946#:~:text=In%201946%2C%20Congress%20passed%20the,%24200%20million%20was%20never%20received.

Philippine Scouts:

https://en.wikipedia.org/wiki/Philippine_Scouts