[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5235 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5235

To amend title 38, United States Code, to provide special compensation 
          for former prisoners of war, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

 Mr. Simpson (for himself, Mr. Cox, and Mr. Sensenbrenner) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide special compensation 
          for 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Former Prisoners of War Special 
Compensation Act of 2002''.

SEC. 2. SPECIAL COMPENSATION FOR FORMER PRISONERS OF WAR.

    (a) In General.--Chapter 11 of title 38, United States Code, is 
amended by adding at the end the following new subchapter:

               ``SUBCHAPTER VII--FORMER PRISONERS OF WAR

``Sec. 1181. Special compensation: former prisoners of war
    ``(a)(1) The Secretary shall pay monthly to each veteran who is a 
former prisoner of war and who while a prisoner of war was detained or 
interned for not less than 30 days special compensation at the rate 
specified in subsection (b).
    ``(2) For the purposes of this section, the term `veteran' includes 
an individual serving on active duty.
    ``(b) The rate of special compensation for purposes of this section 
shall be as follows:
            ``(1) If the former prisoner of war was detained or 
        interned for a period of not more than 120 days, the monthly 
        amount of special compensation payable shall be $150.
            ``(2) If the former prisoner of war was detained or 
        interned for a period of more than 120 days and not more than 
        540 days, the monthly amount of special compensation payable 
        shall be $300.
            ``(3) If the former prisoner of war was detained or 
        interned for a period of more than 540 days, the monthly amount 
        of special compensation payable shall be $450.
    ``(c) If a former prisoner of war was detained or interned on two 
or more separate occasions, the cumulative length of all occasions of 
confinement or internment as a prisoner of war shall determine the 
monthly compensation rate payable under subsection (b).
``Sec. 1182. Provisions relating to special compensation for former 
              prisoners of war
    ``(a) Special compensation payable under this subchapter shall be 
paid in addition to any other payment under the laws of the United 
States. Amounts paid to an individual under this subchapter shall not 
be considered to be income or resources for purposes of determining 
eligibility to receive benefits under any Federal or federally assisted 
program.
    ``(b) Special compensation payable under this subchapter shall not 
be considered to be compensation within the meaning of that term in 
section 101(13) of this title.
    ``(c) The provisions of subsection (c) of section 1562 of this 
title shall apply to special compensation under this subchapter in the 
same manner as to special pension under that section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new items:

               ``SUBCHAPTER VII--FORMER PRISONERS OF WAR

``1181. Special compensation: former prisoners of war.
``1182. Provisions relating to special compensation for former 
                            prisoners of war.''.

SEC. 3. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR 
              ALCOHOL OR DRUG-RELATED DISABILITY.

    (a) Clarification.--Sections 1110 and 1131 of title 38, United 
States Code, are each amended by inserting ``, even if the abuse is 
secondary to a service-connected disability'' before the period at the 
end.
    (b) Applicability.--The amendments made by subsection (a) apply to 
any claim--
            (1) filed on or after the date of the enactment of this 
        Act; or
            (2) filed before the date of the enactment of this Act and 
        not finally decided as of that date.
                                 <all>