[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 977 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 977

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2009

  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, 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 ``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 subparagraph (B);
                    (B) in subparagraph (A), by striking ``; and'' and 
                inserting a period; and
                    (C) 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
            (2) in paragraph (3)--
                    (A) by redesignating subparagraphs (A) through (M) 
                as subparagraphs (G) through (S); and
                    (B) by striking ``(3) The diseases specified'' and 
                all that follows through ``the following:''.
    (b) Additional Diseases Presumed To Be Service Connected.--
Paragraph (2) of section 1112(b) of such title, as amended by 
subsection (a)(2), 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 subparagraphs:
            ``(T) Diabetes (type 2).
            ``(U) Such other diseases as the Secretary determines in 
        regulations prescribed under subsection (d) warrants a 
        presumption of service-connection.''.
    (c) Authority for Administrative Determination of Presumption of 
Service Connection for Additional Diseases.--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) The Secretary may determine in regulations prescribed 
under this subsection that a disease 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 the experience of being a prisoner of war and 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 purposes of this section.
    ``(B)(i) In making a determination under this subsection, the 
Secretary shall take into account--
            ``(I) recommendations received by the Secretary from the 
        Advisory Committee on Former Prisoners of War under section 541 
        of this title; and
            ``(II) all other sound medical and scientific information 
        and analyses available to the Secretary.
    ``(ii) In evaluating any study for the purpose of making a 
determination under this subsection, the Secretary shall take into 
consideration whether the results of the study are--
            ``(I) statistically significant;
            ``(II) capable of replication; and
            ``(III) 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 subparagraph (A) 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) If the Secretary determines under this subsection that a 
presumption of service connection is warranted for a disease, the 
Secretary shall, not later than 60 days after making the determination, 
issue proposed regulations setting forth the Secretary's determination.
    ``(C) If the Secretary determines under this subsection that a 
presumption of service connection is not warranted for a disease--
            ``(i) the Secretary shall, not later than 60 days after 
        making the determination, publish in the Federal Register a 
        notice of such determination that includes an explanation of 
        the scientific basis for such determination; and
            ``(ii) if the disease is already included in regulations 
        providing for a presumption of service connection, the 
        Secretary shall, not later than 60 days after publication of 
        notice under clause (i), issue proposed regulations removing 
        the presumption for the disease.
    ``(D) Not later than 90 days after the date on which the Secretary 
issues a proposed regulation under this subsection, the Secretary shall 
issue a final regulation that is effective on the date of issuance.
    ``(4) Whenever a presumption is removed from a disease under 
paragraph (3)--
            ``(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 under section 541 of this 
title.''.
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