102d CONGRESS
2d Session
S. 3346
AN ACT
To establish a health registry of veterans of the Persian Gulf War, to
authorize health examinations of such veterans, to coordinate and improve
research on the health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War, and for other purposes.
S 3346 ES
102d CONGRESS
2d Session
S. 3346
AN ACT
To establish a health registry of veterans of the Persian Gulf War, to
authorize health examinations of such veterans, to coordinate and improve
research on the health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War, 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 Veterans' Health Status Act'.
SEC. 2. 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 of title 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 3 of
  this Act; or
  (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 SUBMITTING CLAIMS OR MAKING REQUESTS BEFORE DATE
  OF ENACTMENT- If in the case of an individual described in subsection
  (b)(1) 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 (b)(2) 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 4 of this Act.
  (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. 3. 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.
  (2) The Secretary shall carry out appropriate outreach activities with
  respect to the provision of any health examinations and consultation and
  counseling services under paragraph (1).
  (b) COVERED VETERANS- (1) In accordance with subsection (a)(1)(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
  2 of this Act.
  (2) In accordance with subsection (a)(1)(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. 4. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.
  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)
  is amended--
  (1) by amending subsections (a) and (b) 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.';
  (2) in subsection (c)(1), by striking out `subsection (a)' and inserting
  in lieu thereof `subsection (a)(1)'; and
  (3) in subsection (d), by inserting `pursuant to subsection (a)(1)' after
  `Registry'.
SEC. 5. STUDY OF PERSIAN GULF REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH
REGISTRY.
  (a) STUDY- The Director of the Office of Technology Assessment shall,
  in a manner consistent with the provisions of the Technology Assessment
  Act of 1972 (2 U.S.C. 471 et seq.), assess--
  (1) the potential utility of each of the Persian Gulf Registry and the
  Persian Gulf War Veterans Health Registry for scientific study and assessment
  of the intermediate and long-term health consequences of military service
  in the Persian Gulf theater of operations during the Persian Gulf War;
  (2) the extent to which each registry meets the requirements of the
  provisions of law under which the registry is established;
  (3) the extent to which data contained in each registry--
  (A) are maintained in a manner that ensures permanent preservation and
  facilitates the effective, efficient retrieval of information that is
  potentially relevant to the scientific study of the intermediate and
  long-term health consequences of military service in the Persian Gulf
  theater of operations during the Persian Gulf War; and
  (B) would be useful for scientific study regarding such health consequences;
  (4) the adequacy of any plans to update each of the registries;
  (5) the extent to which the Department of Defense or the Department
  of Veterans Affairs, as the case may be, is assembling and maintaining
  information on the Persian Gulf theater of operations (including information
  on troop locations and atmospheric and weather conditions) in a manner that
  facilitates the usefulness of, maintenance of, and retrieval of information
  from, the applicable registry; and
  (6) the adequacy and compatibility of protocols for the health examinations
  and counseling provided under section 3 and health examinations provided by
  the Department of Defense to members of the Armed Forces for the purpose
  of assessing the health status of members of the Armed Forces who served
  in the Persian Gulf theater of operations during the Persian Gulf War.
  (b) ACCESS TO INFORMATION- The Secretary of Veterans Affairs and the
  Secretary of Defense shall provide the Director with access to such
  records and information under the jurisdiction of each such secretary as
  the Director determines necessary to permit the Director to carry out the
  study required under this section.
  (c) REPORTS- The Director shall--
  (1) not later than 270 days after the date of the enactment of this Act,
  submit to Congress a report on the results of the assessment carried out
  under this section of the Persian Gulf Registry and health-examination
  protocols; and
  (2) not later than 15 months after such date, submit to Congress a report
  on the results of the assessment carried out under this section of the
  Persian Gulf War Veterans Health Registry.
  (d) DEFINITIONS- For the purposes of this section--
  (1) The term `Persian Gulf Registry' means 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 4 of this Act.
  (2) The term `Persian Gulf War Veterans Health Registry' means the Persian
  Gulf War Veterans Health Registry established under section 2 of this Act.
SEC. 6. 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 5(d) for purposes MFUA considers appropriate,
  including the purpose of identifying illnesses of such 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 a sound scientific basis for
  an epidemiological study or studies on the health consequences of such
  service, and if the recommendation is that there is a 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:
  (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 referred to in the previous sentence
  shall be paid in equal portions by the two departments.
  (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 purpose 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 the research referred to in subparagraph (A).
SEC. 7. 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 after 1992, 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.
SEC. 8. DEFINITION.
  For the purposes of this Act, the term `Persian Gulf War' has the meaning
  given such term in section 101(33) of title 38, United States Code.
Passed the Senate October 7 (legislative day, September 30), 1992.
Attest:
Secretary.