Former Prisoner of War Benefits Act of 1981
PL 97-37 (H.R.1100), enacted 08/14/1981

PUBLIC LAW 97-37—AUG. 14, 1981 
95 STAT. 935 
Public Law 97-87 
97th Congress 
An Act 
To amend title 38, United States Code, to improve certain benefit programs of the 
Veterans' Administration for veterans who are former prisoners of war, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Former Prisoner of War Benefits Act of 1981". 
(b) Whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of title 38, United States Code. 
SEC. 2. (a) Chapter 3 is amended by inserting after section 220 the 
following new section: 
"§ 221. Advisory Committee on Former Prisoners of War 
"(a)(1) The Administrator shall establish an advisory committee to 
be known as the Advisory Committee on Former Prisoners of War 
(hereinafter in this section referred to as the 'Committee'). 
"(2) The members of the Committee shall be appointed by the 
Administrator from the general public and shall include— 
"(A) appropriate representatives of veterans who are former 
prisoners of war; 
"(B) individuals who are recognized authorities in fields perti-
nent to disabilities prevalent among former prisoners of war, 
including authorities in epidemiology, mental health, nutrition, 
geriatrics, and internal medicine; and 
"(C) appropriate representatives of disabled veterans. 
The Committee shall also include, as ex officio members, the Chief 
Medical Director and the Chief Benefits Director, or their designees. 
"(3) The Administrator shall determine the number, terms of 
service, and pay and allowances of members of the Committee 
appointed by the Administrator, except that the term of service of 
anv such member may not exceed three years. 
'(b) The Administrator shall, on a regular basis, consult with and 
seek the advice of the Committee with respect to the administration 
of benefits under this title for veterans who are former prisoners of 
war and the needs of such veterans with respect to compensation, 
health care, and rehabilitation. 
"(c) Not later than July 1, 1983, and not later than July 1 of each 
second year thereafter, the Committee shall submit to the Adminis-
trator a report on the programs and activities of the Veterans' 
Administration that pertain to veterans who are former prisoners of 
war. The Committee shall include in each such report an assessment 
of the needs of such veterans with respect to compensation, health 
care, and rehabilitation, a review of the programs and activities of 
the Veterans' Administration designed to meet such needs, and such 
recommendations (including recommendations for administrative 
and legislative action) as the Committee considers to be appropriate. 
The Administrator shall immediately submit such report to the 
Aug. 14, 1981 
[H.R. 1100] 
Former Prisoner 
of War Benefits 
Act of 1981. 
38 u s e 101 
note. 
38 u s e 221. 
Establishment. 
Membership. 
Report. 
Report to 
Congress. 
-194 O—82 
61 : QL3 
95 STAT. 936 
PUBLIC LAW 97-37—AUG. 14, 1981 
Report 
summary. 
38 use 214. 
38 use 101. 
"Former prisoner 
of war." 
38 use 612. 
38 use 312. 
Effective date. 
38 use 312 note. 
38 use 610. 
Congress with any comments concerning the report that the Adminis-
trator considers appropriate. The Committee may also submit to the 
Administrator such other reports and recommendations as the Com-
mittee considers appropriate. The Administrator shall submit with 
each annual report submitted to the Congress pursuant to section 214 
of this title a summary of all reports and recommendations of the 
Committee submitted to the Administrator since the previous annual 
report of the Administrator submitted to the Congress pursuant to 
such section.". 
(b) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 220 the 
following new item: 
"221. Advisory eommittee on Former Prisoners of War.". 
SEC. 3. (a) Section 101 is amended by adding at the end the following 
new parEigraph: 
"(32) The term 'former prisoner of war' means a person who, while 
serving in the active military, naval or air service, was forcibly 
detained or interned in line of duty— 
"(A) by an enemy government or its agents, or a hostile force, 
during a period of war; or 
"(B) by a foreign government or its agents, or a hostile force, 
during a period other than a period of war in which such person 
was held under circumstances which the Administrator finds to 
have been comparable to the circumstances under which persons 
have generally been forcibly detained or interned by enemy 
governments during periods of war.". 
(b) Clause (7) of section 612(b) is amended to read £is follows: 
"(7) from which a veteran who is a former prisoner of war and 
who was detained or interned for a period of not less than six 
months is suffering; or". 
SEC. 4. (a) Section 312 is amended— 
(1) by striking out subsection (b); and 
(2) by redesignating subsection (c) as subsection (b) and amend-
ing such subsection to read as follows: 
"(b) For the purposes of section 310 of this title and subject to the 
provisions of section 313 of this title, in the case of a veteran who is a 
former prisoner of war and who was detained or interned for not less 
than thirty days, the disease o
f
— 
"(1) avitaminosis, 
"(2) beriberi (including beriberi heart disease), 
"(3) chronic dysentery, 
"(4) helminthiasis, 
"(5) malnutrition (including optic atrophy associated with 
malnutrition), 
"(6) pellagra, 
"(7) any other nutritional deficiency, 
"(8) psychosis, or 
"(9) any of the anxiety states, 
which became manifest to a degree of 10 per centum or more after 
active military, naval, or air service shall be considered to have been 
incurred in or aggravated by such service, notwithstanding that there 
is no record of such disease during the period of service.". 
(b) The amendments made by subsection (a) shall take effect on 
October 1,1981. 
SEC. 5. (a) Section 610(a) is amended— 
(1) by striking out "and" at the end of clause (3); 
(2) by redesignating clause (4) as clause (5); and 
(3) by inserting after clause (3) the following new clause: 
PUBLIC LAW 97-37—AUG. 14, 1981 
95 STAT. 937 
"(4) a veteran who is a former prisoner of war; and". 
(b) Section 612(f) is amended— 
(1) by striking out "and" at the end of clause (1); 
(2) by striking out the period at the end of clause (2) and 
inserting in lieu thereof a semicolon and "and"; and 
(8) by inserting after clause (2) the following new clause: 
"(3) to any veteran who is a former prisoner of war.". 
(c) Section 612(i) is amended— 
(1) by redesignating clause (4) as clause (5); and 
(2) by inserting after clause (3) the following new clause: 
"(4) To any veteran who is a former prisoner of war.". 
(d) The amendments made by this section shall take effect on 
October 1,1981. 
SEC. 6. (a) Not later than ninety days after the date of the 
enactment of this Act and at appropriate times thereafter, the 
Administrator shall, to the meiximum extent feasible and in order to 
carry out the requirements of the veterans outreach services program 
under subchapter IV of chapter 3 of title 38, United States Code, seek 
out former prisoners of war and provide them with information 
regarding applicable changes in law, regulations, policies, guidelines, 
or other directives affecting the benefits and services to which former 
prisoners of war are entitled under such title by virtue of the 
amendments made by this Act. 
(bXD The Administrator shall, for not less than the three-year 
period beginning ninety days after the date of the enactment of this 
Act, maintain a centralized record showing all claims for benefits 
under chapter 11 of such title that are submitted by former prisoners 
of war and the disposition of such claims. 
(2) Not later than ninety days after the end of the three-year period 
described in paragraph (1), the Administrator shall, after consulting 
with and receiving the views of the Advisory Committee on Former 
Prisoners of War required to be established pursuant to section 221 of 
such title, submit a report on the results of the disposition of claims 
described in such paragraph, together with any comments or recom-
mendations that the Administrator may have, to the appropriate 
committees of Congress. The Administrator may also submit to such 
committees interim reports on such results. 
(c) For the purposes of this section, the term "former prisoner of 
war" has the meaning given such term in paragraph (32) of section 
101 of title 38, United States Code (as added by section 3(a) of this 
Act). 
38 u s e 612. 
Effective date. 
38 u s e 610 note. 
Information 
to former war 
prisoners. 
38 u s e 301 note. 
38 u s e 240. 
eentralized 
record. 
38 u s e 301 et 
seq. 
Report to 
congressional 
committees. 
Approved August 14, 1981. 
LEGISLATIVE HISTORY—H.R. 1100 (S. 468): 
HOUSE REPORT No. 97-28 (Comm. on Veterans' Affairs). 
SENATE REPORT No. 97-88 accompanying S. 468 (Oomm. on Veterans' Affairs). 
eONGRESSIONAL REeORD, Vol. 127 (1981): 
June 1, 2, considered and passed House. 
June 4, considered and passed Senate, amended, in lieu of S. 468. 
July 30, House agreed to Senate amendments with amendments; Senate 
concurred in House amendments.