[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4386 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4386
To amend title 38, United States Code, authorizing the Secretary of
Veterans Affairs to provide compensation to veterans suffering from
disabilities resulting from illnesses attributed to service in the
Persian Gulf theater of operations during the Persian Gulf War, to
provide for increased research into illnesses reported by Persian Gulf
War veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 1994
Mr. Montgomery (for himself, Mr. Slattery, Mr. Rowland, Mr. Bilirakis,
Mr. Kennedy, Mr. Clement, Mr. Stearns, and Mr. Bishop) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, authorizing the Secretary of
Veterans Affairs to provide compensation to veterans suffering from
disabilities resulting from illnesses attributed to service in the
Persian Gulf theater of operations during the Persian Gulf War, to
provide for increased research into illnesses reported by Persian Gulf
War veterans, 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 ``Veterans' Persian Gulf War Benefits
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) During the Persian Gulf War, members of the Armed
Forces were exposed to numerous potentially toxic substances,
including fumes and smoke from military operations, oil well
fires, diesel exhaust, paints, pesticides, depleted uranium,
infectious agents, chemoprophylactic agents, and indigenous
diseases, and were also given multiple immunizations. Threats
of enemy use of chemical and biological warfare heightened the
psychological stress associated with the military operation.
(2) Significant numbers of veterans of the Persian Gulf War
are suffering from illnesses, or are exhibiting symptoms of
illness, that cannot now be diagnosed or clearly defined. As a
result, many of these conditions or illnesses are not
considered to be service connected under current law for
purposes of benefits administered by the Department of Veterans
Affairs.
(3) Scientists have concluded that the complex biological,
chemical, physical, and psychological environment of the
Southwest Asia theater of operations produced complex adverse
health effects in Persian Gulf War veterans and that it appears
that no single disease entity or syndrome exists. Rather, it
appears that the illnesses suffered by those veterans result
from multiple illnesses with overlapping symptoms and causes
that have yet to be defined.
(4) In response to concerns regarding the health-care needs
of Persian Gulf War veterans, particularly those who suffer
from illnesses or conditions for which no diagnosis has been
made, the Congress, in Public Law 102-585, directed the
establishment of a Persian Gulf War Veterans Health Registry,
authorized health examinations for veterans of the Persian Gulf
War, and provided for the National Academy of Sciences to
conduct a comprehensive review and assessment of information
regarding the health consequences of military service in the
Persian Gulf theater of operations and to develop
recommendations on avenues for research regarding such health
consequences. In Public Law 103-210, the Congress authorized
the Department of Veterans Affairs to provide health care
services on a priority basis to Persian Gulf War veterans. The
Congress also provided in Public Law 103-160 (the National
Defense Authorization Act for Fiscal Year 1994) for funding for
the establishment of a specialized environmental medical
facility for the conduct of research into the possible health
effects of exposure to low levels of hazardous chemicals
especially among Persian Gulf veterans and for research into
the possible health effects of battlefield exposure in such
veterans to depleted uranium.
(5) Further research and studies must be undertaken to
determine the underlying causes of the illnesses suffered by
Persian Gulf War veterans and, pending the outcome of such
research, veterans who are seriously ill as the result of such
illnesses should be provided compensation benefits to offset
the impairment in earnings capacities they may be experiencing.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to authorize the Secretary of Veterans Affairs to
provide compensation for a period not to exceed 3 years to
Persian Gulf War veterans who suffer disabilities resulting
from illnesses that cannot now be diagnosed or defined, and for
which other causes cannot be identified,
(2) to require the Secretary of Veterans Affairs to develop
at the earliest possible date case assessment strategies and
definitions or diagnoses of such illnesses,
(3) to promote greater outreach to Persian Gulf War
veterans and their families to inform them of the services and
benefits to which they are currently entitled, and
(4) to ensure that research activities and accompanying
surveys of Persian Gulf War veterans are appropriately funded
and undertaken by the Department of Veterans Affairs.
SEC. 4. DEVELOPMENT OF CASE ASSESSMENT PROTOCOL, CASE DEFINITION, AND
OUTREACH PROGRAM FOR PERSIAN GULF WAR VETERANS.
The Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Health and Human Services,
shall--
(1) develop and implement at the earliest possible date a
uniform case assessment protocol that will ensure thorough
assessment, diagnosis, and treatment of all Persian Gulf War
veterans suffering from illness attributed to service in the
Southwest Asia theater of operations during the Persian Gulf
War;
(2) expedite efforts to develop case definitions or
diagnoses for illnesses associated with such service and seek
to complete development of such case definitions or diagnoses
at the earliest possible date; and
(3) develop and implement a comprehensive outreach program
to inform Persian Gulf War veterans and their families of
health-care services, including comprehensive medical
evaluations for such veterans, or other benefits or services
that may be provided by the Department of Veterans Affairs or
the Department of Defense.
SEC. 5. COMPENSATION BENEFITS FOR DISABILITY RESULTING FROM ILLNESS
ATTRIBUTED TO SERVICE DURING THE PERSIAN GULF WAR.
(a) In General.--(1) Chapter 11 of title 38, United States Code, is
amended by adding at the end of subchapter I the following new section:
``Sec. 1117. Compensation for disabilities associated with Persian Gulf
War
``(a) The Secretary shall pay compensation under this subchapter to
a Persian Gulf veteran suffering from a chronic disability resulting
from an undiagnosed illness (or combination of undiagnosed illnesses)
that became manifest to a degree of 10 percent or more within one year
after the last date on which the veteran performed active military,
naval, or air service in the Southwest Asia theater of operations while
on active duty.
``(b) A disability for which compensation under this subchapter is
payable shall be considered to be service connected for purposes of all
other laws of the United States.
``(c) Compensation may not be paid under this section with respect
to a disability occurring in a veteran--
``(1) where there is affirmative evidence that the
disability was not incurred by the veteran during service in
the Persian Gulf theater of operations during the Persian Gulf
War; or
``(2) where there is affirmative evidence to establish that
an intercurrent injury or illness which is a recognized cause
of the disability was suffered by the veteran between the date
of the veteran's most recent departure from that theater of
operations while on active duty and the onset of the
disability.
``(d) The Secretary may not make payments under this section with
respect to a disability for which compensation is paid under this
section for any month after the month during which the Secretary
determines that such disability is not related to service in the
Southwest Asia theater of operations during the Persian Gulf War.
``(e) For purposes of this section, the term `Persian Gulf veteran'
means a veteran who served on active duty in the Armed Forces in the
Southwest Asia theater of operations during the period beginning on
August 2,1990, and ending on the date of the enactment of this section.
``(f) No payment may be made under this section for any month that
begins after the end of the three-year period beginning on the date of
the enactment of this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1116 the
following new item:
``1117. Presumption of service connection for illnesses associated with
Persian Gulf War.''.
(b) Effective Date.--Section 1117 of title 38, United States Code,
as added by subsection (a), shall take effect on October 1, 1994.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR PERSIAN GULF ILLNESS
RESEARCH.
There is authorized to be appropriated to the Department of
Veterans Affairs $5,000,000 for each of fiscal years 1995 through 1997
for the conduct of research, which the Secretary, in consultation with
the Secretary of Defense and the Secretary of Health and Human
Services, determines would advance understanding of health risks and
effects of service during the Persian Gulf War and effective means of
treating such health effects.
SEC. 7. SURVEY OF PERSIAN GULF VETERANS.
(a) In General.--There is authorized to be appropriated to the
Department of Veterans Affairs $5,000,000 for fiscal year 1995 for the
conduct of a survey of Persian Gulf veterans to gather information on
the incidence and nature of health problems occurring in Persian Gulf
veterans and their families.
(b) Coordination With Department of Defense.--The survey shall be
carried out in coordination with the Secretary of Defense.
(c) Persian Gulf Veteran.--For purposes of this section, a Persian
Gulf veteran is an individual who served on active duty in the Armed
Forces in the Southwest Asia theater of operations during the Persian
Gulf War as defined in section 101(33) of title 38, United States Code.
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