Text: H.R.5832 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 5832 IH
102d CONGRESS
2d Session
 H. R. 5832
To amend title 38, United States Code, to require the Secretary of Veterans
Affairs to establish a Persian Gulf War Health Registry.
IN THE HOUSE OF REPRESENTATIVES
August 12, 1992
Mr. EVANS (for himself, Mr. MARTINEZ, Mr. COSTELLO, Ms. WATERS, Ms. LONG,
and Mr. JONTZ) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to require the Secretary of Veterans
Affairs to establish a Persian Gulf War Health Registry.
  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 Health Registry Act'.
SEC. 2. PERSIAN GULF VETERANS HEALTH REGISTRY.
  (a) IN GENERAL- (1) Chapter 17 of title 38, United States Code, is amended
  by inserting after section 1724 the following new section:
`Sec. 1725. Persian Gulf War Health Registry
  `(a) The Secretary shall maintain a Persian Gulf War Health Registry
  for the purposes of compiling information on Persian Gulf War veterans
  in order to assist in identifying possible disabilities which may result
  from service in the Armed Forces in Southwest Asia during the Persian Gulf
  War. The Registry shall be established and maintained in consultation with
  the Secretary of Defense.
  `(b) The Secretary shall include in the Registry the following information
  with respect to each Persian Gulf War veteran:
  `(1) The name of the veteran and of each immediate family member of the
  veteran, the veteran's permanent home address, and other descriptive data
  (including gender, date of birth, social security number, and ethnic origin).
  `(2) To the extent possible, a description of the activities in which
  the veteran participated while in Southwest Asia during the Persian Gulf
  War that may have adverse long-term health effects, including exposure to
  petrochemicals, the fumes of burning petrochemicals, the fumes of burning
  landfills, and toxic chemicals.
  `(3) To the extent possible, a list of the locations in which the veteran
  served in Southwest Asia during the Persian Gulf War.
  `(4) A description of any drug administered to the veteran by the Department
  of Defense during the Persian Gulf War that at the time it was administered
  was considered by the Food and Drug Administration to be an investigation
  drug.
  `(5) A comprehensive statement, updated regularly, describing the current
  health status of the veteran, including a description of any medical or
  psychological treatment requested or received by the veteran from the
  Department of Defense or the Department of Veterans Affairs, including
  particularly information with respect to diseases related to stress
  disorders, leishmaniasis, and exposure to petrochemicals.
  `(c) In order to determine the current health status of Persian Gulf War
  veterans and to carry out the purposes of subsection (a), the Secretary--
  `(1) may provide a comprehensive mental and physical examination to any
  Persian Gulf War veteran and, if determined necessary by a Department of
  Veterans Affairs physician or other Department of Veterans Affairs health
  care official, a later mental or physical examination; and
  `(2) may provide follow-up consultation with a veteran who received an
  examination under paragraph (1) to explain the results of the examination.
  `(d) The Secretary of Defense shall, for members of the Armed Forces,
  provide--
  `(1) comprehensive medical and physical examinations, upon request, to any
  Persian Gulf War veteran, as well as later mental and physical examinations
  as considered appropriate by a Department of Defense physician or other
  Department of Defense health-care official; and
  `(2) follow-up consultation with a veteran who received an examination under
  paragraph (1) for purposes of explaining the results of the examination.
  `(e)(1) The Secretary shall undertake outreach efforts to inform Persian
  Gulf War veterans who are no longer members of the Armed Forces of the
  provisions of this section and to encourage those veterans to participate
  in the Registry. The Secretary shall annually furnish updated information
  on health risks of service in Southwest Asia during the Persian Gulf War
  to such veterans.
  `(2) The Secretary of Defense shall inform members of the Armed Forces who
  are Persian Gulf War veterans of the provisions of this section and shall
  encourage those veterans to participate in the Registry. The Secretary
  shall annually furnish updated information on health risks of service in
  Southwest Asia during the Persian Gulf War to such veterans.
  `(f) The Department of Defense shall reimburse the Department of Veterans
  Affairs each fiscal year, from funds appropriated for that fiscal year for
  health care, for the costs of administering the registry during that fiscal
  year for Persian Gulf War veterans who are members of the Armed Forces.
  `(g)(1) Nothing in this section shall be construed as authorizing the
  Secretary to provide Persian Gulf War veterans in the registry with hospital
  care, nursing home care, or outpatient medical services for the treatment
  of diseases or disabilities identified in an examination authorized by
  subsection (c).
  `(2) Application for an examination under subsection (c) shall not be
  construed as an application for any other benefit under this title.
  `(h) The Secretary shall conduct a longitudinal study, over a period of 50
  years, to assess the short- and long-term health consequences of service
  in Southwest Asia during the Persian Gulf War. The Secretary shall include
  in the study an ongoing examination of the health consequences of exposure
  to petrochemicals, investigation drugs administered during the Persian Gulf
  War, the fumes of burning trash, and diseases indigenous to the Middle East.
  `(i) The Secretary and the Secretary of Defense shall submit to Congress
  a joint annual report on the Persian Gulf War Health Registry. Each such
  report shall be submitted at or about the time that the President's budget
  for the next fiscal year is submitted to Congress under section 1105 of
  title 31 and shall include the following:
  `(1) The results of any ongoing study (including the study conducted under
  subsection (h)) on the health consequences (including short- and long-term
  consequences) to Persian Gulf War veterans of exposure during the Persian
  Gulf War to any potentially toxic substances, to  parasites or diseases
  indigenous to the Middle East, or to investigation drugs administered
  during that War.
  `(2) The results of any study on the health consequences of service during
  the Persian Gulf War on family members of Persian Gulf War veterans,
  including any information relating to increased incidence of birth defects
  among children of such veterans.
  `(3) The recommendation of the Secretaries for additional studies on the
  health consequences of service in Southwest Asia during the Persian Gulf War.
  `(j) For purposes of this section, the term `Persian Gulf War veteran'
  means a person who served on active duty in Southwest Asia during the
  Persian Gulf War.'.
  (2) The table of sections at the beginning of such chapter is amended by
  inserting after the item relating to section 1724 the following new item:
`1725. Persian Gulf War Health Registry.'.
  (b) ESTABLISHMENT OF REGISTRY- (1) The Secretary of Veterans Affairs shall
  establish the Persian Gulf War Health Registry not later than 180 days
  after the date of the enactment of this Act.
  (2) In establishing the registry, the Secretary shall have access to the
  registry established by the Secretary of Defense pursuant to section 734
  of Public Law 102-190 (105 Stat. 1411).
  (c) PROTOCOL FOR LONGITUDINAL STUDY- The Secretary shall submit to Congress
  a research protocol for the 50-year study required by subsection (h) of
  section 1725 of title 38, United States Code, as added by subsection (a),
  not later than 180 days after the date of the enactment of this Act.
  (d) TERMINATION OF OVERLAPPING REQUIREMENT- Section 734 of Public Law
  102-190 (105 Stat. 1411) is repealed.