I
107TH CONGRESS
1ST SESSION
H. R. 3430
To amend title 38, United States Code, to provide improved benefits for
veterans who are former prisoners of war.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 6, 2001
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prisoner of War Bene-
fits Act of 2001’’.
SEC. 2. IMPROVED VETERANS’ BENEFITS FOR FORMER
PRISONERS OF WAR.
(a) REPEAL OF REQUIREMENT FOR MINIMUM PE-
RIOD 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 PE-
RIOD OF INTERNMENT FOR PRESUMPTION OF SERVICE
CONNECTION
FOR
DENTAL
CARE.—Section
1712(a)(1)(E) 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 SERV-
ICE 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 para-
graph (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
nificant, are capable of replication, and withstand peer re-
view.
‘‘(C) An association between the occurrence of a dis-
ease 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 deter-
mine whether a presumption of service connection under
this subsection is warranted for that disease. If the Sec-
retary 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 determina-
tion. The notice shall include an explanation of the sci-
entific 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 regula-
tions 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 pro-
vided 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 com-
pensation 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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