News-Info-Alerts

Re: POW Benefits Act 2003

From: POW-MIA InterNetwork

Date: April 23, 2003

"Prisoner of War Benefits Act of 2003
By Michael Bilirakis
April 22, 2003

(Editor's Note: The following is a bill that was introduced in the House by Rep. Michael Bilirakis (R-Fla.) on January 27, 2003, regarding the Prisoner of War Benefits Act of 2003.)

HR 348 IH
108th CONGRESS
1st Session
H. R. 348

To amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war.

IN THE HOUSE OF REPRESENTATIVES
January 27, 2003
100 Mr. BILIRAKIS introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL
To amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the 'Prisoner of War Benefits Act of 2003'.

SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR.

(a) REPEAL OF REQUIREMENT FOR MINIMUM PERIOD OF INTERNMENT FOR PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES- Section 1112(b) of title 38, United States Code, is amended by striking and who was detained or interned for not less than thirty days' in the matter preceding paragraph.

(b) REPEAL OF REQUIREMENT FOR MINIMUM PERIOD OF INTERNMENT FOR PRESUMPTION OF SERVICE CONNECTION FOR DENTAL CARE- Section 1712(a)(1)(F) of such title is amended by striking and who was detained or interned for a period of not less than ninety days'.

(c) ADDITIONAL DISEASES PRESUMED TO BE SERVICE CONNECTED- Section 1112 of such title is further amended--

in subsection (b)--

(A) by striking the disease' and inserting a disease specified under subsection

(d) or the disease

(B) by striking or' at the end of paragraph

(14); and

(C) by inserting after paragraph

(15) the following new paragraphs:

(16) heart disease,

(17) stroke,

(18) liver disease,

(19) diabetes (type 2),

(20) osteoporosis, and

(2) by adding at the end the following new subsection:

(d)(1) Subsection (b) applies with respect to any disease (in addition to those specified in that subsection) that the Secretary determines in regulations prescribed under this subsection warrants a presumption of service-connection by reason of having positive association with the experience of being a prisoner of war.

(2)(A) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (i) the experience of being a prisoner of war, and (ii) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section.

(B) In making determinations for the purpose of this paragraph, the Secretary shall take into account (i) recommendations received by the Secretary from the Advisory Committee on Former Prisoners of War established under section 541 of this title, and (ii) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review.

(C) An association between the occurrence of a disease in humans and the experience of being a prisoner of war shall be considered to be positive for the purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association.

(3)(A) Not later than 60 days after the date on which the Secretary receives a recommendation from the Advisory Committee on Former Prisoners of War that a presumption of service connection be established under this subsection for any disease, the Secretary shall determine whether a presumption of service connection under this subsection is warranted for that disease. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination.

(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease.

(C) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance.
(4) Whenever a disease is removed from regulations prescribed under this section--

(A) a veteran who was awarded compensation for such disease on the basis of the
presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and
(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis.

(5) The Secretary shall carry out this subsection in consultation with, and after taking into consideration the views of, the Advisory Committee on Former Prisoners of War established under section 541 of this title."