[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1271

To amend title 38, United States Code, to provide improved benefits for 
               veterans who are former prisoners of war.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2005

  Mrs. Murray 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 improved benefits for 
               veterans who are former 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 ``Prisoner of War Benefits Act of 
2005''.

SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR.

    (a) Repeal of Minimum Internment Period for Presumption of Service 
Connection; Additional Service Connected Diseases.--Section 1112(b) of 
title 38, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a period;
                    (B) by striking ``a former prisoner of war--'' and 
                all that follows through ``a disease specified in 
                paragraph (2)'' and inserting ``a former prisoner of 
                war, a disease specified in paragraph (2) or prescribed 
                by the Secretary under subsection (d)''; and
                    (C) by striking subparagraph (B); and
            (2) in paragraph (3)--
                    (A) by striking the matter preceding subparagraph 
                (A);
                    (B) by redesignating subparagraphs (A) through (K) 
                as subparagraphs (F) through (P), respectively, of 
                paragraph (2); and
                    (C) by adding after subparagraph (P), as 
                redesignated, the following:
                    ``(Q) Heart disease.
                    ``(R) Stroke.
                    ``(S) Diabetes (type 2).
                    ``(T) Osteoporosis.''.
    (b) Authority for Administrative Determination of Presumption of 
Service Connection for Additional Diseases.--Section 1112 of title 38, 
United States Code, as amended by subsection (a), is further amended by 
adding at the end the following:
    ``(d)(1) Subsection (b) applies with respect to any disease (in 
addition to those specified in that subsection) that the Secretary 
determines, in regulations prescribed under this subsection, warrants a 
presumption of service connection because of a positive association 
with the experience of being a prisoner of war.
    ``(2)(A) If the Secretary determines, on the basis of sound medical 
and scientific evidence, that a positive association exists between the 
experience of being a prisoner of war and the occurrence of a disease 
in humans, the Secretary shall issue regulations providing that a 
presumption of service connection is warranted for that disease for the 
purposes of this section.
    ``(B) In making determinations under subparagraph (A), the 
Secretary shall consider--
            ``(i) recommendations received from the Advisory Committee 
        on Former Prisoners of War, established under section 541 of 
        this title; and
            ``(ii) any other relevant medical and scientific 
        information and analyses resulting from studies that are 
        statistically significant, capable of replication, and able to 
        withstand peer review.
    ``(C) For purposes of this subsection, a positive association 
exists between the occurrence of a disease in humans and the experience 
of being a prisoner of war if the credible evidence for the association 
is equal to or outweighs the credible evidence against the association.
    ``(3)(A) Not later than 60 days after the date on which the 
Secretary receives a recommendation from the Advisory Committee on 
Former Prisoners of War that a presumption of service connection be 
established under this subsection for any disease, the Secretary shall 
determine whether a presumption of service connection under this 
subsection is warranted for that disease.
    ``(B) Not later than 60 days after determining that a presumption 
of service connection is warranted, the Secretary shall issue proposed 
regulations setting forth the Secretary's determination.
    ``(C) Not later than 60 days after determining that a presumption 
of service connection is not warranted, the Secretary shall publish 
notice of that determination in the Federal Register. The notice shall 
include an explanation of the scientific basis for that determination. 
If the disease is already included in regulations providing for a 
presumption of service connection, the Secretary, not later than 60 
days after publication of such notice, shall issue proposed regulations 
removing the presumption for the disease.
    ``(D) Not later than 90 days after the date on which the Secretary 
issues proposed regulations under this subsection, the Secretary shall 
issue final regulations, which shall be effective as of the date of 
issuance.
    ``(4) If a disease is removed from regulations prescribed under 
this section--
            ``(A) a veteran who was awarded compensation for such 
        disease on the basis of a presumption under subsection (a) 
        before the effective date of the removal shall continue to 
        receive compensation on that basis; and
            ``(B) a survivor of a veteran who was awarded dependency 
        and indemnity compensation for the death of the veteran 
        resulting from such disease on the basis of such presumption 
        shall continue to receive dependency and indemnity compensation 
        on such basis.
    ``(5) In carrying out this subsection, the Secretary shall consult 
with, and consider the views of, the Advisory Committee on Former 
Prisoners of War.''.
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