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Billno should always have and extension i.e. h1.ih

Former Prisoners of War Special Compensation Act of 2003 (Introduced in Senate)

S 1239 IS

108th CONGRESS

1st Session

S. 1239

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

IN THE SENATE OF REPRESENTATIVES

June 11, 2003

Mr. CRAIG 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 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 2003'.

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.

SEC. 4. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR.

Section 1712(a)(1)(F) of title 38, United States Code, is amended by striking `and who was detained or interned for a period of not less than 90 days'.

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