H.R.612 - Persian Gulf War Illness Compensation Act of 2001107th Congress (2001-2002)
|Sponsor:||Rep. Manzullo, Donald A. [R-IL-16] (Introduced 02/14/2001)|
|Committees:||House - Veterans' Affairs|
|Latest Action:||House - 03/20/2001 Referred to the Subcommittee on Benefits. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Text: H.R.612 — 107th Congress (2001-2002)All Information (Except Text)
There is one version of the bill.
Text available as:
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Introduced in House (02/14/2001)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 612 Introduced in House (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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Illness Compensation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (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. (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. (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. (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''. (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. (a) Presumptive Period for Undiagnosed Illnesses Program.--Section 1117 of title 38, United States Code, is amended-- (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 (2) by striking subsection (b). (b) Undiagnosed Illnesses.--Such section, as amended by subsection (a), is further amended by inserting after subsection (a) the following new subsection (b): ``(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. ``(2) For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: ``(A) Fatigue. ``(B) Unexplained rashes or other dermatological signs or symptoms. ``(C) Headache. ``(D) Muscle pain. ``(E) Joint pain. ``(F) Neurologic signs or symptoms. ``(G) Neuropsychological signs or symptoms. ``(H) Signs or symptoms involving the respiratory system (upper or lower). ``(I) Sleep disturbances. ``(J) Gastrointestinal signs or symptoms. ``(K) Cardiovascular signs or symptoms. ``(L) Abnormal weight loss. ``(M) Menstrual disorders.''. (c) Presumption of Service Connection Program.--Section 1118(a) of such title is amended by adding at the end the following new paragraph: ``(4) For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.''. (d) Effective Date.--(1) For purposes of section 5110(g) of title 38, United States Code-- (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 (B) the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. (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 therefor is not later than one year after the date of the enactment of this Act. <all>