II 111th CONGRESS 1st Session S. 1452 IN THE SENATE OF THE UNITED STATES July 14, 2009 Mr. Schumer (for himself, Mr. Wicker, Mr. Bayh, Mrs. Gillibrand, and Mr. Lieberman) 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 clarify the meaning of combat with the enemy for purposes of service-connection of disabilities.

1.

Short title

This Act may be cited as the Compensation Owed for Mental Health Based on Activities in Theater Post-traumatic Stress Disorder Act or the COMBAT PTSD Act.

2.

Clarification of meaning of combat with the enemy for purposes of service-connection of disabilities

(a)

Clarification

Section 1154(b) of title 38, United States Code, is amended— (1)by striking In the case and inserting (1) In the case; and (2)by adding at the end the following new paragraph: (2)For the purposes of this subsection, the term combat with the enemy includes service on active duty— (A)in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war; or (B)in combat against a hostile force during a period of hostilities. . (b)

Effective date

Paragraph (2) of subsection (b) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to a claim for disability compensation under chapter 11 of such title pending on or after the date of the enactment of this Act.