I 
109TH CONGRESS 
1ST SESSION H. R. 1598
To amend title 38, United States Code, to provide improved benefits for 
veterans who are former prisoners of war. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2005
Mr. BILIRAKIS (for himself, Mr. EVANS, Mr. FILNER, Ms. HART, Mr. FOLEY, 
Mr. FOSSELLA, and Mr. WHITFIELD) 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prisoner of War Bene-
fits Act of 2005’’. 
SEC. 2. IMPROVED VETERANS’ BENEFITS FOR FORMER 
PRISONERS OF WAR. 
(a) REPEAL OF MINIMUM PERIOD OF INTERNMENT 
FOR PRESUMPTION OF SERVICE CONNECTION FOR CER-
TAIN 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 sub-
paragraph (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 dis-
eases specified’’ and all that follows through ‘‘the 
following:’’; and 
(3) by redesignating the subparagraphs (A) 
through (K) following the matter stricken by para-
graph (2) as subparagraphs (F) through (P), respec-
tively, of paragraph (2). 
(b) ADDITIONAL DISEASES PRESUMED TO BE SERV-
ICE CONNECTED.—Paragraph (2) of section 1112(b) of 
such title, as amended by subsection (a)(3), is further 
amended by adding at the end the following new subpara-
graphs: 
‘‘(Q) Heart disease. 
‘‘(R) Stroke.
‘‘(S) Diabetes (type 2). 
‘‘(T) Osteoporosis.’’. 
(c) AUTHORITY FOR ADMINISTRATIVE DETERMINA-
TION OF PRESUMPTION OF SERVICE CONNECTION FOR 
ADDITIONAL DISEASES.—
(1) ADMINISTRATIVE
DETERMINATION.—Sec-
tion 1112 of title 38, United States Code, as amend-
ed 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 posi-
tive 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 pro-
viding that a presumption of service connection is war-
ranted 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 Advi-
sory 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 sig-
nificant, are capable of replication, and withstand peer re-
view. 
‘‘(C) An association between the occurrence of a dis-
ease 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 deter-
mine whether a presumption of service connection under 
this subsection is warranted for that disease. If the Sec-
retary 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 determina-
tion. The notice shall include an explanation of the sci-
entific 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 regula-
tions 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 pro-
vided 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