Congressman Roy Blunt,
former Trustee, President, and CEO
of Southwest Baptist University
signed on as co-sponsor of this legislation
on March 14, 2001.
Persian Gulf War Illness Compensation
Act of 2001
(Introduced in the House)
HR 612 IH
107th CONGRESS
1st Session
H. R. 612
To amend title 38, United States Code, to clarify the standards for compensation
for Persian Gulf veterans suffering from certain undiagnosed illnesses, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 14, 2001
Mr. MANZULLO (for himself, Mr. GALLEGLY, and Mr. SHOWS) introduced the following
bill; which was referred to the Committee on Veterans Affairs
A BILL
To amend title 38, United States Code, to clarify the standards for compensation
for Persian Gulf veterans suffering from certain undiagnosed illnesses, and
for other purposes.
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Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
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This Act may be cited as the `Persian Gulf War Illness Compensation Act of
2001'.
SEC. 2. FINDINGS.
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Congress makes the following findings:
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(1) Although the majority of veterans of the Armed Forces who served in the
Persian Gulf War returned from the Southwest Asia theater of operations
to normal activities, many of those veterans have experienced a range
of unexplained illnesses, including chronic fatigue, muscle and joint
pain,
loss of concentration, forgetfulness, headache, and rash.
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(2) Those veterans were potentially exposed to a wide range of
biological
and chemical agents including sand, smoke from oil-well fires, paints,
solvents, insecticides, petroleum fuels and their combustion products,
organophosphate nerve agents, pyridostigmine bromide, depleted
uranium, anthrax and botulinum toxoid vaccinations, and infectious
diseases, in addition to other psychological and physiological stresses.
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(3) Section 1117 of title 38, United States Code, enacted on November 2,
1994,
by the Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446),
provides for the payment of compensation to Persian Gulf veterans suffering
from a chronic disability resulting from an undiagnosed illness (or
combination
of undiagnosed illnesses) that became manifest to a compensable degree within
a period prescribed by regulation.
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(4) The Secretary of Veterans Affairs prescribed regulations under section
1117 of title 38, United States Code, that interpreted that section so as
to
limit compensation to Persian Gulf veterans with illnesses that `cannot
be attributed to any known clinical diagnosis'.
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(5) In a report dated September 7, 2000, the Institute of Medicine of the
National Academy of Sciences indicated that it was not asked to determine
whether an identifiable medical syndrome referred to as `Gulf War Syndrome'
exists and suggested that the Secretary of Veterans Affairs, in developing
a
compensation program for Persian Gulf veterans, consider the health
effects
that may be associated with exposures to specific agents that were present
in the Southwest Asia theater of operations during the Persian Gulf War .
SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES.
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(a) PRESUMPTIVE PERIOD FOR UNDIAGNOSED ILLNESSES PROGRAM- Section 1117 of
title 38, United States Code, is amended--
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(1) in subsection (a)(2), by striking `within the presumptive period prescribed
under subsection (b)' and inserting `before December 31, 2011, or such later
date as the Secretary may prescribe by regulation'; and
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(2) by striking subsection (b).
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(b) UNDIAGNOSED ILLNESSES- Such section, as amended by subsection (a), is
further amended by inserting after subsection (a) the following new subsection
(b):
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(b)(1) For purposes of this section, the term `undiagnosed illness' means
illness manifested by symptoms or signs the cause, etiology, or origin of
which cannot
be specifically and definitely identified, including poorly defined illnesses
such
as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple
chemical sensitivity. The attribution of one or more of the symptoms
to a disability
that is not an undiagnosed illness shall not preclude other symptoms from
being
considered a manifestation of an undiagnosed illness.
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(2) For purposes of paragraph (1), signs or symptoms that may be a
manifestation
of an undiagnosed illness include the following:
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(B) Unexplained rashes or other dermatological signs or symptoms.
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(F) Neurologic signs or symptoms.
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(G) Neuropsychological signs or symptoms.
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(H) Signs or symptoms involving the respiratory system (upper or lower).
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(J) Gastrointestinal signs or symptoms.
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(K) Cardiovascular signs or symptoms.
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(L) Abnormal weight loss.
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(c) PRESUMPTION OF SERVICE CONNECTION PROGRAM- Section 1118(a)
of such title is amended by adding at the end the following new paragraph:
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(4) For purposes of this section, the term `undiagnosed illness' has the
meaning
given that term in section 1117(b) of this title.
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(d) EFFECTIVE DATE- (1) For purposes of section 5110(g) of title 38,
United States Code--
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(A) the amendments to section 1117 of title 38, United States Code, made
by subsections (a) and (b) shall take effect as of November 2, 1994; and
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(B) the amendment to section 1118 of title 38, United States Code, made
by subsection (c) shall take effect as of October 21, 1998.
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(2) The second sentence of section 5110(g) of title 38, United States Code,
shall
not apply in the case of an award, or increased award, of compensation pursuant
to the amendments made by this section if the date of application therefore
is not
later than one year after the date of the enactment of this Act.
