Page:United States Statutes at Large Volume 112 Part 4.djvu/773

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PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-744 Regulations. Federal Register, publication. Regulations. Effective date. under section 1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall determine whether oi" not a presumption of service connection is warranted for each illness, if any, covered by the report. "(2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary's determination. "(3)(A) If the Secretary determines under this subsection that a presumption of service connection is not v^rarranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination. "(B) If an illness already presumed to be service connected Regulations under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness. "(4) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. "(d) Whenever the presumption of service connection for an illness under this section is removed under g;ubsection (c)— "(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and "(2) a survivor of a vetersin who was awarded dependency , and indemnity compensation for the dtjath of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. "(e) Subsections (b) through (d) shall cease to be effective 10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1117 the following new item: "1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.". (b) CONFORMING AMENDMENTS.— Section 1113 of title 38, United States Code, is amended— (1) by striking out "or 1117" each place it appears and inserting in lieu thereof "1117, or 1118"; and (2) in subsection (a), by striking oui: "or 1116" and inserting in lieu thereof", 1116, or 1118". (c) COMPENSATION FOR UNDIAGNOSED (JULF WAR ILLNESSES. — Section 1117 of title 38, United States Code, is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): Termination date.