[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1961 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1961

To provide for necessary medical care for former civilian prisoners of 
                                  war.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 22 (legislative day, February 22), 1994

   Mr. Kennedy (for himself, Mr. Dodd, Mr. DeConcini, and Mr. Kerry) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To provide for necessary medical care for former civilian 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 ``Civilian Ex-Prisoner of War Health 
and Disability Benefits Act of 1994''.

SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS.

    (a) Eligibility.--A former civilian prisoner of war is entitled to 
receive necessary medical care and disability benefits for any injury 
or disability resulting from the period of internment or hiding. Any 
presumptive medical and dental condition related to a period of 
internment provided for former military prisoners of war under section 
1112(b) of title 38, United States Code, shall be extended to former 
civilian prisoners of war and shall be considered to have been incurred 
in or aggravated by such period of internment or hiding without regard 
to the absence of any record of such injury.
    (b) Payment of Benefits.--Prompt monetary payment or reimbursement 
shall be facilitated for reasonable and necessary expenditures for all 
medical treatment, including rehabilitation, mental health services, 
and dental care, provided for under this section for which a claim and 
any documentation determined necessary by the Secretary of Labor has 
been filed with the Secretary of Labor.
    (c) Waiver of Limitations.--There shall be no limitation on the 
total medical or disability benefits which a person may receive for any 
injury or disability resulting from the period of internment or hiding.
    (d) Rate of Compensation.--Compensation for disability shall be 
equal to the weekly equivalent of the minimum monthly rate of 
compensation payable for a total disability covered by chapter 81 of 
title 5, United States Code, as computed under section 8112(a) of such 
title.
    (e) Crediting Benefits Under the Social Security Act.--The benefits 
provided by this section to any individual 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 
Committee (hereafter in this section referred to as the ``advisory 
committee''). The members of the advisory committee shall be appointed 
by the Secretary of Labor from the general 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.
    (b) Authority of the Secretary of Labor.--The Secretary of Labor 
shall determine the number, terms of service, and pay and allowances of 
members of the advisory committee. The Secretary of Labor shall consult 
with and seek the advice of the advisory committee with respect to the 
administration of benefits under this Act.
    (c) Report.--Not later than January 1, 1996, the Secretary of Labor 
shall submit to Congress a report on the programs and activities of the 
Department of Labor that pertain to those former civilian prisoners of 
war. The Secretary of Labor shall include in the report--
            (A) an assessment of the needs of such civilian prisoners 
        of war with respect to health and disability benefits;
            (B) a review of the programs and activities of the Office 
        of Workers' Compensation Program designed to meet such needs; 
        and
            (C) such recommendations as the advisory committee 
        considers to be appropriate.
    (d) Information on Benefits.--Not later than 90 days after the date 
of enactment of this Act, and at appropriate times thereafter, the 
Secretary of Labor shall seek out former civilian prisoners of war and 
provide them with information regarding applicable changes in law, 
regulations, and services to which such citizens are entitled by virtue 
of this Act.

SEC. 4. REGULATIONS.

    The Secretary of Labor shall prescribe regulations as may be 
necessary to ensure that benefits provided to former civilian prisoners 
of war under this Act are coordinated with and do not duplicate any 
benefits provided such persons under the War Claims Act.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``former civilian prisoner of war'' means a 
        person determined by the Department of Labor, in consultation 
        with the Department of State and the Department of Defense, as 
        being someone who, being then a citizen of the United States 
        was forcibly interned by an enemy government or its agents, or 
        a hostile force, or who went into hiding in order to avoid 
        capture by such government, its agents, or hostile force, 
        during a period of war, or other period for at least 30 days, 
        including those interned or who went into hiding during the 
        Asian-Pacific Theater or in the European Theater of World War 
        II during the period beginning September 1, 1939, and ending 
        December 31, 1946, in Korea during the period beginning June 
        25, 1950, and ending July 1, 1955, or in Vietnam during the 
        period beginning February 28, 1961, and ending on the date 
        designated by the President by Executive order as the date of 
        termination of the Vietnam conflict, except--
                    (A) a person who at any time voluntarily gave aid 
                to, collaborated with, or in any manner served such 
                government, or
                    (B) a person who at the time of his capture or 
                entrance into hiding was--
                            (i) a person within the purview of the Act 
                        entitled ``An Act to provide compensation for 
                        employees of the United States suffering 
                        injuries while in the performance of their 
                        duties, and for other purposes'', approved 
                        September 7, 1916, as amended, and as extended;
                            (ii) a person within the purview of the Act 
                        entitled ``An Act to provide benefits for the 
                        injury, disability, death, or enemy detention 
                        of employees of contractors with the United 
                        States, and for other purposes'', approved 
                        December 2, 1942, as amended; or
                            (iii) a regularly appointed, enrolled, 
                        enlisted, or inducted member of any military or 
                        naval force; and
            (2) the term ``hostile force'' means any nation, or any 
        national thereof, or any other person serving a foreign 
        nation--
                    (A) engaged in war against the United States or any 
                of its allies; or
                    (B) engaged in armed conflict, whether or not war 
                has been declared, against the United States or any of 
                its allies.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, such 
sums as may be necessary for each of the fiscal years 1995 through 
2000.

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