Home > 105th Congressional Bills > S. 518 (is) To control crime by requiring mandatory victim restitution. ...S. 518 (is) To control crime by requiring mandatory victim restitution. ...
108th CONGRESS
1st Session
S. 517
To amend title 38, United States Code, to provide improved benefits for
veterans who are former prisoners of war.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2003
Mrs. Murray introduced the following bill; which was read twice and
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 ``Francis W. Agnes 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 90 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), or
``(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 subsection (b).
``(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
(b) 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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