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A
Relevant Sections of Public Law
102-585
PL 102-585 PERSIAN GULF WAR VETERANS'
HEALTH STATUS
SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
(a) ESTABLISHMENT OF REGISTRY. The Secretary of Veterans
Affairs shall establish and maintain a special record to be known as the "Persian
Gulf War Veterans Health Registry" (in this section referred to as the
"Registry"~.
(b) CONTENTS OF REGISTRY. Except as provided in subsection (c),
the Registry shall include the following information:
(1) A list containing the name of each individual who served as a member
of the Armed Forces in the Persian Gulf theater of operations during the Persian
Gulf War and who-
(A) applies for care or services from the Department of Veterans Affairs
under chapter 17 oftitle 38, United States Code;
(B) files a claim for compensation under chapter 11 of such title on the
basis of any disability which may be associated with such service;
(C) dies and is survived by a spouse, child, or parent who files a claim for
dependency and indemnity compensation under chapter 13 of such title on the
basis of such service;
(D) requests from the Department a health examination under section 703;
or
159
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HEALTH CONSEQUENCES OF THE PERSIAN GULF WAR
(E) receives from the Department of Defense a health examination similar
to the health examination referred to in subparagraph (D) and requests inclusion
in the Registry.
(2) Relevant medical data relating to the health status of, and other
information that the Secretary considers relevant and appropriate with respect
to, each individual described in paragraph (1) who-
(A) grants to the Secretary permission to include such information in the
Registry; or
(B) at the time the individual is listed in the Registry, is deceased.
(c) INDIVIDUALS SUBMITTENG CLAIMS OR MAKENG REQUESTS
BEFORE DATE OF ENACTMENT. If in the case of an individual described
in subsection (bait) the application, claim, or request referred to in such
subsection was submitted, filed, or made, before the date of the enactment of
this Act, the Secretary shall, to the extent feasible, include in the Registry such
individual's name and the data and information, if any, described in subsection
(bob) relating to the individual.
(d) DEPARTMENT OF DEFENSE INFORMATION. The Secretary of
Defense shall furnish to the Secretary of Veterans Affairs such information
maintained by the Department of Defense as the Secretary of Veterans Affairs
considers necessary to establish and maintain the Registry.
(e) RELATION TO DEPARTMENT OF DEFENSE REGISTRY. The
Secretary of Veterans Affairs, in consultation with the Secretary of Defense,
shall ensure that information is collected and maintained in the Registry in a
manner that permits effective and efficient cross-reference between the Registry
and the registry established under section 734 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105
Stat. 1411; 10 U.S.C. 1074 note), as amended by section 704.
(f) ONGOING OUTREACH TO INDIVIDUALS LISTED IN
REGISTRY. The Secretary of Veterans Affairs shall, from time to time, notify
individuals listed in the Registry of significant developments in research on the
health consequences of military service in the Persian Gulf theater of operations
during the Persian Gulf War.
SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR
VETERANS ELIGIBLE FOR INCLUSION IN CERTAIN HEALTH-
RELATED REGISTRIES.
(a) In General.~1) The Secretary of Veterans Affairs-
(A) shall, upon the request of a veteran described in subsection (b)~1),
provide the veteran with a health examination and consultation and counseling
with respect to the results of the examination; and
(B) may, upon the request of a veteran described in subsection (b)~2),
provide the veteran with such an examination and such consultation and
counseling.
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APPENDIXA
161
(2) The Secretary shall carry out appropriate outreach activities with respect
to the provision of any health examinations and consultations and counseling
services under paragraph (1~.
(b) COVERED VETERANS.~1) In accordance with subsection (a)(l)(A),
the Secretary shall provide an examination, consultation, and counseling under
that subsection to any veteran who is eligible for listing or inclusion in the
Persian Gulf War Veterans Health Registry established by section 702.
(2) In accordance with subsection (a)(l)(B), the Secretary may provide an
examination, consultation, and counseling under that subsection to any veteran
who is eligible for listing or inclusion in any other similar health-related registry
administered by the Secretary.
SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF
REGISTRY.
(a) IN GENERAL. Subsections (a) and (b) of section 734 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-
190; 105 Stat. 141 1; 10 U.S.C. 1074 note) are amended to read as follows:
"(a) ESTABLISHMENT OF REGISTRY. The Secretary of Defense shall
establish and maintain a special record (in this section referred to as the
'Registry') relating to the following members of the Armed Forces:
"~1) Members who, as determined by the Secretary, were exposed to the
fumes of burning oil in the Operation Desert Storm theater of operations during
the Persian Gulf conflict.
"~2) Any other members who served in the Operation Desert Storm theater
of operations during the Persian Gulf conflict.
"(b) CONTENTS OF REGISTRY.~1) The Registry shall include-
"(A) with respect to each class of members referred to in each of paragraphs
(1) and (2) of subsection (a)-
"(i) a list containing each such member's name and other relevant
identifying information with respect to the member; and
"(ii) to the extent that data are available and inclusion of the data is feasible,
a description of the circumstances of the member's service during the Persian
Gulf conflict, including the locations in the Operation Desert Storm theater of
operations in which such service occurred and the atmospheric and other
environmental circumstances in such locations at the time of such service; and
"(B) with respect to the members referred to in subsection (a)~1), a
description of the circumstances of each exposure of each such member to the
fumes of burning oil as described in such subsection (a)~1), including the length
of time of the exposure.
"~2) The Secretary shall establish the Registry with the advice of an
independent scientific organization."
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HEALTH CONSEQUENCES OF THE PERSIAN GULF WAR
(b) CONFORMING AMENDMENTS.~1) Subsection (c)(1) of such
section is amended by striking out "subsection (a)" and inserting in lieu thereof
"subsection (a)(1)."
(2) Subsection (d) of such section is amended by inserting "pursuant to
subsection (a)(1)" after "Registry."
SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF
SCIENCES FOR REVIEW OF HEALTH CONSEQUENCES OF
SERVICE DURING THE PERSIAN GULF WAR.
(a) AGREEMENT. - 1 ) The Secretary of Veterans Affairs and Secretary of
Defense jointly shall seek to enter into an agreement with the National Academy
of Sciences for the Medical Follow-Up Agency (MFUA) of the Institute of
Medicine of the Academy to review existing scientific, medical, and other
information on the health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War.
(2) The agreement shall require MFUA to provide members of veterans
organizations and members of the scientific community (including the Director
of the Office of Technology Assessment) with the opportunity to comment on
the method or methods MFUA proposes to use in conducting the review.
(3) The agreement shall permit MFUA, in conducting the review, to
examine and evaluate medical records of individuals who are included in the
registries referred to in section 705(d) for purposes that MFUA considers
appropriate, including the purpose of identifying illnesses of those individuals.
(4) The Secretary of Veterans Affairs and the Secretary of Defense shall
seek to enter into the agreement under this section not later than 180 days after
the date of the enactment of this Act.
(b) REPORT.~1) The agreement under this section shall require the
National Academy of Sciences to submit to the committees and secretaries
referred to in paragraph (2) a report on the results of the review carried out
under the agreement. Such report shall contain the following:
(A) An assessment of the effectiveness of actions taken by the Secretary of
Veterans Affairs and the Secretary of Defense to collect and maintain
information that is potentially useful for assessing the health consequences of
the military service referred to in subsection (a).
(B) Recommendations on means of improving the collection and
maintenance of such information.
(C) Recommendations on whether there is sound scientific basis for an
epidemiological study or studies on the health consequences of such service,
and if the recommendation is that there is sound scientific basis for such a study
or studies, the nature of the study or studies.
(2) The committees and secretaries referred to in paragraph (1) are the
following:
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APPENDIX A
163
(A) The Committees on Veterans' Affairs of the Senate and House of
Representatives.
(B) The Committees on Armed Services of the Senate and House of
Representatives.
(C) The Secretary of Veterans Affairs.
(D) The Secretary of Defense.
(c) FUNDING.~1) The Secretary of Veterans Affairs and the Secretary of
Defense shall make available up to a total of $500,000 in fiscal year 1993, from
funds available to the Department of Veterans Affairs and the Department of
Defense in that fiscal year, to carry out the review. Any amounts provided by
the two departments shall be provided in equal amounts.
(2) If the Secretary of Veterans Affairs and the Secretary of Defense enter
into an agreement under subsection (a) with the National Academy of
Sciences
(A) the Secretary of Veterans Affairs shall make available $250,000 in each
of fiscal years 1994 through 2003, from amounts available to the Department of
Veterans Affairs in each such fiscal year, to the National Academy of Sciences
for the general purposes of conducting epidemiological research with respect to
military and veterans populations; and
(B) the Secretary of Defense shall make available $250,000 in each of fiscal
years 1994 through 2003, from amounts available to the Department of Defense
in each such fiscal year, to the National Academy of Sciences for the purposes
of carrying out the research referred to in subparagraph (A).
SEC. 707. COORDINATION OF GOVERNMENT ACTIVITIES ON
HEALTH-RELATED RESEARCH ON THE PERSIAN GULF WAR.
(a) DESIGNATION OF COORDINATING ORGANIZATION. The
President shall designate, and may redesignate from time to time, the head of an
appropriate department or agency of the Federal Government to coordinate all
research activities undertaken or funded by the Executive Branch of the Federal
Government on the health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War.
(b) REPORT.- Not later than March 1 of each year, the head of the
department or agency designated under subsection (a) shall submit to the
Committees on Veterans' Affairs of the Senate and House of Representatives a
report on the status and results of all such research activities undertaken or by
the Executive Branch of the Federal Government during the previous year.
Representative terms from entire chapter:
veterans affairs
