I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prisoner of War Bene5 fits Act of 2003’’. 

6 SEC. 2. IMPROVED VETERANS’ BENEFITS FOR FORMER 

7 PRISONERS OF WAR. 

8 (a) REPEAL OF REQUIREMENT FOR MINIMUM PE9 RIOD OF INTERNMENT FOR PRESUMPTION OF SERVICE

10 CONNECTION FOR CERTAIN DISEASES.—Section 1112(b) 
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1 of title 38, United States Code, is amended by striking 

2 ‘‘and who was detained or interned for not less than thirty 

3 days’’ in the matter preceding paragraph (1). 

4 (b) REPEAL OF REQUIREMENT FOR MINIMUM PE5 RIOD OF INTERNMENT FOR PRESUMPTION OF SERVICE

6 CONNECTION FOR DENTAL CARE.—Section 

7 1712(a)(1)(F) of such title is amended by striking ‘‘and 

8 who was detained or interned for a period of not less than 

9 ninety days’’. 

10 (c) ADDITIONAL DISEASES PRESUMED TO BE SERV11 ICE CONNECTED.—Section 1112 of such title is further 

12 amended—

13 (1) in subsection (b)—

14 (A) by striking ‘‘the disease’’ and inserting 

15 ‘‘a disease specified under subsection (d) or the 

16 disease’’; 

17 (B) by striking ‘‘or’’ at the end of para18 graph (14); and 

19 (C) by inserting after paragraph (15) the 

20 following new paragraphs: 

21 ‘‘(16) heart disease, 

22 ‘‘(17) stroke, 

23 ‘‘(18) liver disease, 

24 ‘‘(19) diabetes (type 2), 

25 ‘‘(20) osteoporosis,’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d)(1) Subsection (b) applies with respect to any 

4 disease (in addition to those specified in that subsection) 

5 that the Secretary determines in regulations prescribed 

6 under this subsection warrants a presumption of service7 connection by reason of having positive association with 

8 the experience of being a prisoner of war. 

9 ‘‘(2)(A) Whenever the Secretary determines, on the 

10 basis of sound medical and scientific evidence, that a posi11 tive association exists between (i) the experience of being 

12 a prisoner of war, and (ii) the occurrence of a disease in 

13 humans, the Secretary shall prescribe regulations pro14 viding that a presumption of service connection is war15 ranted for that disease for the purposes of this section. 

16 ‘‘(B) In making determinations for the purpose of 

17 this paragraph, the Secretary shall take into account (i) 

18 recommendations received by the Secretary from the Advi19 sory Committee on Former Prisoners of War established 

20 under section 541 of this title, and (ii) all other sound 

21 medical and scientific information and analyses available 

22 to the Secretary. In evaluating any study for the purpose 

23 of making such determinations, the Secretary shall take 

24 into consideration whether the results are statistically sig-
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1 nificant, are capable of replication, and withstand peer re2 view. 

3 ‘‘(C) An association between the occurrence of a dis4 ease in humans and the experience of being a prisoner of 

5 war shall be considered to be positive for the purposes of 

6 this subsection if the credible evidence for the association 

7 is equal to or outweighs the credible evidence against the 

8 association. 

9 ‘‘(3)(A) Not later than 60 days after the date on 

10 which the Secretary receives a recommendation from the 

11 Advisory Committee on Former Prisoners of War that a 

12 presumption of service connection be established under 

13 this subsection for any disease, the Secretary shall deter14 mine whether a presumption of service connection under 

15 this subsection is warranted for that disease. If the Sec16 retary determines that such a presumption is warranted, 

17 the Secretary, not later than 60 days after making the 

18 determination, shall issue proposed regulations setting 

19 forth the Secretary’s determination. 

20 ‘‘(B) If the Secretary determines that a presumption 

21 of service connection is not warranted, the Secretary, not 

22 later than 60 days after making the determination, shall 

23 publish in the Federal Register a notice of that determina24 tion. The notice shall include an explanation of the sci25 entific basis for that determination. If the disease already 
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1 is included in regulations providing for a presumption of 

2 service connection, the Secretary, not later than 60 days 

3 after publication of the notice of a determination that the 

4 presumption is not warranted, shall issue proposed regula5 tions removing the presumption for the disease. 

6 ‘‘(C) Not later than 90 days after the date on which 

7 the Secretary issues any proposed regulations under this 

8 subsection, the Secretary shall issue final regulations. 

9 Such regulations shall be effective on the date of issuance. 

10 ‘‘(4) Whenever a disease is removed from regulations 

11 prescribed under this section—

12 ‘‘(A) a veteran who was awarded compensation 

13 for such disease on the basis of the presumption pro14 vided in subsection (a) before the effective date of 

15 the removal shall continue to be entitled to receive 

16 compensation on that basis; and 

17 ‘‘(B) a survivor of a veteran who was awarded 

18 dependency and indemnity compensation for the 

19 death of a veteran resulting from such disease on 

20 the basis of such presumption shall continue to be 

21 entitled to receive dependency and indemnity com22 pensation on such basis. 

23 ‘‘(5) The Secretary shall carry out this subsection in 

24 consultation with, and after taking into consideration the 
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1 views of, the Advisory Committee on Former Prisoners of 

2 War established under section 541 of this title.’’.

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