II 111th CONGRESS 1st Session S. 977 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.

1.

Short title

This Act may be cited as the Prisoner of War Benefits Act of 2009.

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. .