[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 944 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 944

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2009

Mr. Bilirakis introduced the following bill; which was 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 
2009''.

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

    (a) Repeal of Minimum Period of Internment for Presumption of 
Service Connection for Certain Diseases.--Subsection (b) of section 
1112 of title 38, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``; and'' at the end of 
                subparagraph (A) 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)''; and
                    (C) by striking subparagraph (B);
            (2) in paragraph (3), by striking ``(3) The diseases 
        specified'' and all that follows through ``the following:''; 
        and
            (3) by redesignating the subparagraphs (A) through (M) 
        following the matter stricken by paragraph (2) as subparagraphs 
        (F) through (R), respectively, of paragraph (2).
    (b) Additional Diseases Presumed To Be Service Connected.--
Paragraph (2) of section 1112(b) of such title, as amended by 
subsection (a)(3), is further amended--
            (1) in subparagraph (F), by striking ``, if the Secretary 
        determines that the veteran has post-traumatic stress disorder 
        (PTSD)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(S) Diabetes (type 2).''.
    (c) Authority for Administrative Determination of Presumption of 
Service Connection for Additional Diseases.--
            (1) Administrative determination.--Section 1112 of title 
        38, United States Code, as amended by subsections (a) and (b), 
        is further amended by adding at the end the following new 
        subsection:
    ``(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 by reason of having positive 
association with the experience of being a prisoner of war.
    ``(2)(A) Whenever the Secretary determines, on the basis of sound 
medical and scientific evidence, that a positive association exists 
between (i) the experience of being a prisoner of war, and (ii) the 
occurrence of a disease in humans, the Secretary shall prescribe 
regulations providing that a presumption of service connection is 
warranted for that disease for the purposes of this section.
    ``(B) In making determinations for the purpose of this paragraph, 
the Secretary shall take into account (i) recommendations received by 
the Secretary from the Advisory Committee on Former Prisoners of War 
established under section 541 of this title, and (ii) all other sound 
medical and scientific information and analyses available to the 
Secretary. In evaluating any study for the purpose of making such 
determinations, the Secretary shall take into consideration whether the 
results are statistically significant, are capable of replication, and 
withstand peer review.
    ``(C) An association between the occurrence of a disease in humans 
and the experience of being a prisoner of war shall be considered to be 
positive for the purposes of this subsection 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. If the Secretary determines 
that such a presumption is warranted, the Secretary, not later than 60 
days after making the determination, shall issue proposed regulations 
setting forth the Secretary's determination.
    ``(B) If the Secretary determines that a presumption of service 
connection is not warranted, the Secretary, not later than 60 days 
after making the determination, shall publish in the Federal Register a 
notice of that determination. The notice shall include an explanation 
of the scientific basis for that determination. If the disease already 
is included in regulations providing for a presumption of service 
connection, the Secretary, not later than 60 days after publication of 
the notice of a determination that the presumption is not warranted, 
shall issue proposed regulations removing the presumption for the 
disease.
    ``(C) Not later than 90 days after the date on which the Secretary 
issues any proposed regulations under this subsection, the Secretary 
shall issue final regulations. Such regulations shall be effective on 
the date of issuance.
    ``(4) Whenever a disease is removed from regulations prescribed 
under this section--
            ``(A) a veteran who was awarded compensation for such 
        disease on the basis of the presumption provided in subsection 
        (a) before the effective date of the removal shall continue to 
        be entitled to receive compensation on that basis; and
            ``(B) a survivor of a veteran who was awarded dependency 
        and indemnity compensation for the death of a veteran resulting 
        from such disease on the basis of such presumption shall 
        continue to be entitled to receive dependency and indemnity 
        compensation on such basis.
    ``(5) The Secretary shall carry out this subsection in consultation 
with, and after taking into consideration the views of, the Advisory 
Committee on Former Prisoners of War established under section 541 of 
this title.''.
            (2) Conforming amendment.--Paragraph (1) of section 1112(b) 
        of such title, as amended by subsection (a), is further amended 
        by inserting ``or prescribed under subsection (d)'' after ``a 
        disease specified in paragraph (2)''.
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