Volume 95 · 935
Public Law 97–37
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.
Approved August 14, 1981
Statutory text
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
this Act
Former Prisoner of War Benefits Act of 1981.
may be cited as the “Former Prisoner of War Benefits Act of 1981”.
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.
Chapter 3 is amended by inserting after section 220 the following new section:
Ҥ 221. Advisory Committee on Former Prisoners of War
“(a) (1) The Administrator shall establish an advisory committee to
Establishment.
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
Membership.
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 pertinent 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 any 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
Report.
second year thereafter, the Committee shall submit to the Administrator 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
Report to Congress.
Congress with any comments concerning the report that the Administrator considers appropriate. The Committee may also submit to the Administrator such other reports and recommendations as the Committee
Report summary.
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.”.
The table of sections at the beginning of such chapter isamended by inserting after the item relating to section 220 thefollowing new item:
Sec. 3.
Section 101 is amended by adding at the end the following new paragraph:
“(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.”.
Clause (7) of section 612(b) is amended to read as 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.
Section 312 is amended—
by striking out subsection (b); and
by redesignating subsection (c) as subsection (b) and amending 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 of—
“(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.”.
The amendments made by subsection (a) shall take effect on October 1, 1981.
Sec. 5.
Section 610(a) is amended—
by striking out "and" at the end of clause (3);
by redesignating clause (4) as clause (5); and
by inserting after clause (3) the following new clause:
“(4) a veteran who is a former prisoner of war; and”.
Section 612(f) is amended—
by striking out “and” at the end of clause (1);
by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and “and”; and
by inserting after clause (2) the following new clause:
“(3) to any veteran who is a former prisoner of war.”.
Section 612(i) is amended—
by redesignating clause (4) as clause (5); and
by inserting after clause (3) the following new clause:
“(4) To any veteran who is a former prisoner of war.”.
The amendments made by this section shall take effect on
Effective date.
October 1, 1981.
Sec. 6.
Not later than ninety days after the date of the
Information to former war prisoners.
enactment of this Act and at appropriate times thereafter, the Administrator shall, to the maximum 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.
The Administrator shall, for not less than the three-year
Centralized record.
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.
Not later than ninety days after the end of the three-year period
Report to congressional committees.
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 recommendations that the Administrator may have, to the appropriate committees of Congress. The Administrator may also submit to such committees interim reports on such results.
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).
Approved August 14, 1981.