H.R. 348House108th Congress (2003-2005)In Committee

Prisoner of War Benefits Act of 2003

Introduced January 27, 2003

Legislative Activity

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4 earlier actions
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Provision incorporated. See H. R. 4175, Section 4.

May 19, 2004

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HouseIntro Referral

Introduced in House

January 27, 2003

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

January 27, 2003

HouseCommittee

Referred to the Subcommittee on Benefits.

February 20, 2003

HouseCommittee

Subcommittee Hearings Held.

April 29, 2004

HouseCommittee

Provision incorporated. See H. R. 4175, Section 4.

May 19, 2004

Floor Debate

6 members

What members said about H.R. 348 on the floor

3 Republicans3 Democrats
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jul 20, 2004

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4175) to increase, effective as of December 1, 2004, the rates of disability compensation for veterans with service- connected…

Michael H. Michaud
Rep. Michael H. MichaudD-ME-2 · Jul 20, 2004

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I would like to thank once again the gentleman from New Jersey (Mr. Smith); the ranking member, the gentleman from Illinois…

Ciro D. Rodriguez
Rep. Ciro D. RodriguezD-TX-28 · Jul 20, 2004

Madam Speaker, I rise today in support of H.R. 4175, the Veterans' Compensation Cost-of-Living Adjustment Act of 2004. I would also like to take this opportunity to thank the gentleman from New…

Henry E. Brown, Jr.
Rep. Henry E. Brown, Jr.R-SC-1 · Jul 20, 2004

Madam Speaker, I rise in support of H.R. 4175, the Veterans' Compensation Cost-of-Living Adjustment Act of 2004. Congress acts annually to provide a cost-of-living adjustment in VA disability…

Lane Evans
Rep. Lane EvansD-IL-17 · Jul 20, 2004

Madam Speaker, I would like to thank the gentleman from New Jersey (Mr. Smith), chairman of the full committee; the gentleman from South Carolina (Mr. Brown), the Subcommittee on Benefits chairman;…

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Bob Beauprez
Rep. Bob BeauprezR-CO-7 · Jul 20, 2004

Madam Speaker, I thank the gentleman and the chairman of our committee for his diligence on this bill, as well as on behalf of all veterans. He is to be commended. And my thanks as well to the…

Bill Text

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Introduced in HouseIssued January 27, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 348 Introduced in House (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

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 (1).
(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--
(1) 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.''.
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