I
104TH CONGRESS
2D SESSION
H. R. 3084
To provide for the furnishing of medical care and disability benefits for
former civilian prisoners of war.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1996
Mr. GENE GREEN of Texas introduced the following bill; which was referred
to the Committee on Economic and Educational Opportunities, and in ad-
dition to the Committee on Veterans’ Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the furnishing of medical care and disability
benefits for former civilian 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 ‘‘Former Civilian Pris-
oners of War Benefits Act of 1996’’.
SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS.
(a) ELIGIBILITY.—A former civilian prisoner of war
is entitled to receive necessary medical care and is entitled
to receive disability benefits under this Act for any injury
or disability resulting from the period of internment or
hiding.
(b) PRESUMPTIVE MEDICAL CONDITIONS.—Any pre-
sumptive medical or dental condition related to a period
of internment that is provided for former military pris-
oners of war under section 1112(b) of title 38, United
States Code, shall be applicable under this Act to former
civilian prisoners of war and shall be considered for such
purposes to have been incurred in or aggravated by such
period of internment or hiding, without regard to the ab-
sence of any record of such injury.
(c) PAYMENT OF MEDICAL BENEFITS.—(1) The Sec-
retary of Labor shall facilitate the prompt payment or re-
imbursement for reasonable and necessary expenditures
for all medical treatment, including rehabilitation, mental
health services, and dental care, provided under this sec-
tion for which a claim and any documentation determined
necessary by the Secretary is filed with the Secretary.
(2) The rate of payment for such medical treatment
shall be as provided in the schedule of payments in effect
at the time of such treatment for payments made under
workers’ compensation programs administered by the Sec-
retary of Labor. To the extent a particular treatment is
not covered by such schedule, or as otherwise determined
necessary by the Secretary, the Secretary may establish
a schedule of payments for purposes of this subsection.
Any such schedule shall be established in consultation with
the Secretary of Veterans Affairs.
(d) WAIVER OF LIMITATIONS.—There shall be no
limitation on the total medical or disability benefits that
a former civilian prisoner of war may receive under this
Act for any injury or disability resulting from a period
of internment or hiding.
(e) RATE OF COMPENSATION.—Compensation for a
disability referred to in subsection (a) shall be at the rate
equal to the minimum monthly rate of compensation pay-
able for a total disability covered by chapter 81 of title
5, United States Code, as computed under section 8112(a)
of that title.
(f) CREDITING BENEFITS UNDER THE SOCIAL SECU-
RITY ACT.—The benefits provided by this section to any
person shall be reduced to the extent such benefits are
provided under title XVIII of the Social Security Act, or
any private insurance, for the same medical condition or
disability.
SEC. 3. ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of Labor shall
establish an advisory committee to be known as the
Former Civilian Prisoner of War Advisory Committee.
The Secretary shall consult with and seek the advice of
the advisory committee with respect to the administration
of benefits under this Act.
(b) MEMBERS.—The members of the advisory com-
mittee shall be appointed by the Secretary from the gen-
eral public and shall include appropriate representatives
of former civilian prisoners of war and individuals who are
recognized authorities in fields pertinent to the injuries
and disabilities prevalent among former civilian prisoners
of war. The Secretary shall determine the number, terms
of service, and pay and allowances of members of the advi-
sory committee.
SEC. 4. REPORT TO CONGRESS.
Not later than March 1 of each year, the Secretary
of Labor shall submit to Congress a report on the pro-
grams and activities of the Department of Labor that per-
tain to former civilian prisoners of war. The Secretary
shall include in the report—
(1) an assessment of the needs of such civilian
prisoners of war with respect to health and disability
benefits;
(2) a review of the programs and activities of
the Office of Workers’ Compensation Program de-
signed to meet such needs; and
(3) a summary of recommendations made by
the advisory committee under section 3 and a de-