II 

110TH CONGRESS 

1ST SESSION S. 848 

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 

MARCH 13, 2007 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prisoner of War Bene5 fits Act of 2007’’. 

6 SEC. 2. IMPROVED VETERANS’ BENEFITS FOR FORMER 

7 PRISONERS OF WAR. 

8 (a) REPEAL OF MINIMUM PERIOD OF INTERNMENT

9 FOR PRESUMPTION OF SERVICE CONNECTION FOR CERVerDate Aug 31 2005 23:01 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S848.IS S848

hsrobinson on PROD1PC76 with BILLS
2 

•S 848 IS

1 TAIN DISEASES.—Subsection (b) of section 1112 of title 

2 38, United States Code, is amended— 

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘; and’’ at the end of sub5 paragraph (A) and inserting a period; 

6 (B) by striking ‘‘a former prisoner of 

7 war—’’ and all that follows through ‘‘a disease 

8 specified in paragraph (2)’’ and inserting ‘‘a 

9 former prisoner of war, a disease specified in 

10 paragraph (2)’’; and 

11 (C) by striking subparagraph (B); 

12 (2) in paragraph (3), by striking ‘‘(3) The dis13 eases specified’’ and all that follows through ‘‘the 

14 following:’’; and 

15 (3) by redesignating the subparagraphs (A) 

16 through (M) following the matter stricken by para17 graph (2) as subparagraphs (F) through (R), respec18 tively, of paragraph (2). 

19 (b) ADDITIONAL DISEASES PRESUMED TO BE SERV20 ICE CONNECTED.—Paragraph (2) of section 1112(b) of 

21 such title, as amended by subsection (a)(3), is further 

22 amended by adding at the end the following new subpara23 graphs: 

24 ‘‘(S) Diabetes (type 2). 

25 ‘‘(T) Osteoporosis.’’. 


hsrobinson on PROD1PC76 with BILLS
3 

•S 848 IS

1 (c) AUTHORITY FOR ADMINISTRATIVE DETERMINA2 TION OF PRESUMPTION OF SERVICE CONNECTION FOR

3 ADDITIONAL DISEASES.— 

4 (1) ADMINISTRATIVE DETERMINATION.—Sec5 tion 1112 of title 38, United States Code, as amend6 ed by subsections (a) and (b), is further amended by 

7 adding at the end the following new subsection: 

8 ‘‘(d)(1) Subsection (b) applies with respect to any 

9 disease (in addition to those specified in that subsection) 

10 that the Secretary determines in regulations prescribed 

11 under this subsection warrants a presumption of service12 connection by reason of having positive association with 

13 the experience of being a prisoner of war. 

14 ‘‘(2)(A) Whenever the Secretary determines, on the 

15 basis of sound medical and scientific evidence, that a posi16 tive association exists between (i) the experience of being 

17 a prisoner of war, and (ii) the occurrence of a disease in 

18 humans, the Secretary shall prescribe regulations pro19 viding that a presumption of service connection is war20 ranted for that disease for the purposes of this section. 

21 ‘‘(B) In making determinations for the purpose of 

22 this paragraph, the Secretary shall take into account (i) 

23 recommendations received by the Secretary from the Advi24 sory Committee on Former Prisoners of War established 

25 under section 541 of this title, and (ii) all other sound 


hsrobinson on PROD1PC76 with BILLS
4 

•S 848 IS

1 medical and scientific information and analyses available 

2 to the Secretary. In evaluating any study for the purpose 

3 of making such determinations, the Secretary shall take 

4 into consideration whether the results are statistically sig5 nificant, are capable of replication, and withstand peer re6 view. 

7 ‘‘(C) An association between the occurrence of a dis8 ease in humans and the experience of being a prisoner of 

9 war shall be considered to be positive for the purposes of 

10 this subsection if the credible evidence for the association 

11 is equal to or outweighs the credible evidence against the 

12 association. 

13 ‘‘(3)(A) Not later than 60 days after the date on 

14 which the Secretary receives a recommendation from the 

15 Advisory Committee on Former Prisoners of War that a 

16 presumption of service connection be established under 

17 this subsection for any disease, the Secretary shall deter18 mine whether a presumption of service connection under 

19 this subsection is warranted for that disease. If the Sec20 retary determines that such a presumption is warranted, 

21 the Secretary, not later than 60 days after making the 

22 determination, shall issue proposed regulations setting 

23 forth the Secretary’s determination. 

24 ‘‘(B) If the Secretary determines that a presumption 

25 of service connection is not warranted, the Secretary, not 


hsrobinson on PROD1PC76 with BILLS
5 

•S 848 IS

1 later than 60 days after making the determination, shall 

2 publish in the Federal Register a notice of that determina3 tion. The notice shall include an explanation of the sci4 entific basis for that determination. If the disease already 

5 is included in regulations providing for a presumption of 

6 service connection, the Secretary, not later than 60 days 

7 after publication of the notice of a determination that the 

8 presumption is not warranted, shall issue proposed regula9 tions removing the presumption for the disease. 

10 ‘‘(C) Not later than 90 days after the date on which 

11 the Secretary issues any proposed regulations under this 

12 subsection, the Secretary shall issue final regulations. 

13 Such regulations shall be effective on the date of issuance. 

14 ‘‘(4) Whenever a disease is removed from regulations 

15 prescribed under this section— 

16 ‘‘(A) a veteran who was awarded compensation 

17 for such disease on the basis of the presumption pro18 vided in subsection (a) before the effective date of 

19 the removal shall continue to be entitled to receive 

20 compensation on that basis; and 

21 ‘‘(B) a survivor of a veteran who was awarded 

22 dependency and indemnity compensation for the 

23 death of a veteran resulting from such disease on 

24 the basis of such presumption shall continue to be 


hsrobinson on PROD1PC76 with BILLS
6 

•S 848 IS

1 entitled to receive dependency and indemnity com2 pensation on such basis. 

3 ‘‘(5) The Secretary shall carry out this subsection in 

4 consultation with, and after taking into consideration the 

5 views of, the Advisory Committee on Former Prisoners of 

6 War established under section 541 of this title.’’. 

7 (2) CONFORMING AMENDMENT.—Paragraph (1) 

8 of section 1112(b) of such title, as amended by sub9 section (a), is further amended by inserting ‘‘or pre10 scribed under subsection (d)’’ after ‘‘a disease speci11 fied in paragraph (2)’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS