[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3084 Introduced in House (IH)]







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 addition to the Committee on Veterans' Affairs, for a period to 
      be subsequently 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Former Civilian Prisoners 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 presumptive medical or 
dental condition related to a period of internment that is provided for 
former military prisoners 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 absence of any record of such injury.
    (c) Payment of Medical Benefits.--(1) The Secretary of Labor shall 
facilitate the prompt payment or reimbursement for reasonable and 
necessary expenditures for all medical treatment, including 
rehabilitation, mental health services, and dental care, provided under 
this section 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 Secretary 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 payable 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 Security 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 committee shall be 
appointed by the Secretary 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. The Secretary shall determine the number, terms of service, and 
pay and allowances of members of the advisory 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 programs and activities of the 
Department of Labor that pertain 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 designed to meet such needs; 
        and
            (3) a summary of recommendations made by the advisory 
        committee under section 3 and a description of actions taken by 
the Secretary arising from those recommendations.

SEC. 5. INFORMATION ON BENEFITS.

    Not later than 90 days after the date of the 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 
they are entitled under this Act.

SEC. 6. REGULATIONS.

    The Secretary of Labor shall prescribe regulations to ensure that 
benefits provided to former civilian prisoners of war under this Act 
are coordinated with, and do not duplicate any benefits provided to 
such persons under, the War Claims Act of 1948 (50 U.S.C. App. 2001 et 
seq.).

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1)(A) Except as provided in subparagraph (B), the term 
        ``former civilian prisoner of war'' means a person determined 
        by the Secretary of Labor, in consultation with the Secretary 
        of State and the Secretary of Defense, as being someone who, 
        before the date of enactment of this Act and being then a 
        citizen of the United States, was forcibly interned by an enemy 
        government or its agents, or a hostile force, or 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--
                    (i) in the Asian-Pacific Theater or the European 
                Theater of World War II during the period beginning on 
                September 1, 1939, and ending on December 31, 1946;
                    (ii) in Korea during the period beginning on June 
                25, 1950, and ending on July 1, 1955; or
                    (iii) in Vietnam during the period beginning on 
                February 28, 1961, and ending on May 7, 1975.
            (B) Such term does not apply to--
                    (i) a person who at any time voluntarily gave aid 
                to, collaborated with, or in any manner served such 
                government, or
                    (ii) a person who at the time of 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;
                            (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; or
                            (III) a regularly appointed, enrolled, 
                        enlisted, or inducted member of any military or 
                        naval force.
            (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. 8. EFFECTIVE DATE.

    (a) Medical Care.--This Act shall apply only with respect to 
medical care provided on or after the date of the enactment of this 
Act.
    (b) Disability Benefits.--No disability benefits may be paid under 
this Act with respect to any period before the date of the enactment of 
this Act.
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