This Act may be cited as the Prisoner of War Benefits Act of 2005.
(a) Repeal of minimum internment period for presumption of service connection; additional service connected diseases
Section 1112(b) of title 38, United States Code, is amended—
(A) in subparagraph (A), by striking; and 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) or prescribed by the Secretary under subsection (d); and
(C) by striking subparagraph (B); and
(A) by striking the matter preceding subparagraph (A);
(B) by redesignating subparagraphs (A) through (K) as subparagraphs (F) through (P), respectively, of paragraph (2); and
(C) by adding after subparagraph (P), as redesignated, the following:
(b) Authority for administrative determination of presumption of service connection for additional diseases
Section 1112 of title 38, United States Code, as amended by subsection (a), is further amended by adding at the end the following:
(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 because of a positive association with the experience of being a prisoner of war.
(A) If 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 issue regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section.
(B) In making determinations under subparagraph (A), the Secretary shall consider—
(i) recommendations received from the Advisory Committee on Former Prisoners of War, established under section 541 of this title; and
(ii) any other relevant medical and scientific information and analyses resulting from studies that are statistically significant, capable of replication, and able to withstand peer review.
(C) For purposes of this subsection, a positive association exists between the occurrence of a disease in humans and the experience of being a prisoner of war if the credible evidence for the association is equal to or outweighs the credible evidence against the association.
(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) Not later than 60 days after determining that a presumption of service connection is warranted, the Secretary shall issue proposed regulations setting forth the Secretary’s determination.
(C) Not later than 60 days after determining that a presumption of service connection is not warranted, the Secretary shall publish notice of that determination in the Federal Register. The notice shall include an explanation of the scientific basis for that determination. If the disease is already included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of such notice, shall issue proposed regulations removing the presumption for the disease.
(D) Not later than 90 days after the date on which the Secretary issues proposed regulations under this subsection, the Secretary shall issue final regulations, which shall be effective as of the date of issuance.
(4) If a disease is removed from regulations prescribed under this section—
(A) a veteran who was awarded compensation for such disease on the basis of a presumption under subsection (a) before the effective date of the removal shall continue to receive compensation on that basis; and
(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of the veteran resulting from such disease on the basis of such presumption shall continue to receive dependency and indemnity compensation on such basis.
(5) In carrying out this subsection, the Secretary shall consult with, and consider the views of, the Advisory Committee on Former Prisoners of War.