I
107TH CONGRESS
1ST SESSION
H. R. 612
To amend title 38, United States Code, to clarify the standards for compensa-
tion for Persian Gulf veterans suffering from certain undiagnosed ill-
nesses, 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 stand-
ards for compensation for Persian Gulf veterans suf-
fering from certain undiagnosed illnesses, and for other
purposes.
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 ‘‘Persian Gulf War Ill-
ness 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 oper-
ations 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 in-
cluding sand, smoke from oil-well fires, paints, sol-
vents, insecticides, petroleum fuels and their com-
bustion products, organophosphate nerve agents,
pyridostigmine bromide, depleted uranium, anthrax
and botulinum toxoid vaccinations, and infectious
diseases, in addition to other psychological and phys-
iological 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 com-
pensation to Persian Gulf veterans suffering from a
chronic disability resulting from an undiagnosed ill-
ness (or combination of undiagnosed illnesses) that
became manifest to a compensable degree within a
period prescribed by regulation.
(4) The Secretary of Veterans Affairs pre-
scribed 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 deter-
mine whether an identifiable medical syndrome re-
ferred to as ‘‘Gulf War Syndrome’’ exists and sug-
gested that the Secretary of Veterans Affairs, in de-
veloping a compensation program for Persian Gulf
veterans, consider the health effects that may be as-
sociated 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 ILL-
NESSES 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 regula-
tion’’; and
(2) by striking subsection (b).
(b) UNDIAGNOSED ILLNESSES.—Such section, as
amended by subsection (a), is further amended by insert-
ing after subsection (a) the following new subsection (b):
‘‘(b)(1) For purposes of this section, the term
‘undiagnosed illness’ means illness manifested by symp-
toms or signs the cause, etiology, or origin of which cannot
be specifically and definitely identified, including poorly
defined illnesses such as fibromyalgia, chronic fatigue syn-
drome, autoimmune disorder, and multiple chemical sensi-
tivity. 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 mani-
festation of an undiagnosed illness.
‘‘(2) For purposes of paragraph (1), signs or symp-
toms that may be a manifestation of an undiagnosed ill-
ness include the following:
‘‘(A) Fatigue.
‘‘(B) Unexplained rashes or other dermato-
logical 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 res-
piratory 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 PRO-
GRAM.—Section 1118(a) of such title is amended by add-
ing 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 appli-
cation therefor is not later than one year after the date
of the enactment of this Act.
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