[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3279 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3279

To provide a scientific basis for the Secretary of Veterans Affairs to 
determine whether service connection for veterans of service during the 
     Persian Gulf War should be presumed for certain diseases and 
                 disabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 1998

  Mr. Evans (for himself, Mr. Mascara, Mr. Gutierrez, Mr. Filner, Mr. 
Blagojevich, Mr. Rodriguez, Mr. Abercrombie, Mr. Ortiz, Mr. Peterson of 
 Minnesota, Ms. Brown of Florida, Mr. Reyes, Mr. Bishop, Mr. Clyburn, 
Mr. Underwood, Ms. Carson, and Mr. Kennedy of Massachusetts) introduced 
 the following bill; which was referred to the Committee on Veterans' 
 Affairs, and in addition to the Committee on National Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide a scientific basis for the Secretary of Veterans Affairs to 
determine whether service connection for veterans of service during the 
     Persian Gulf War should be presumed for certain diseases and 
                 disabilities, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Persian Gulf 
Veterans Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Presumption of service connection for diseases and disabilities 
                            associated with service in the Persian Gulf 
                            during the Persian Gulf War.
Sec. 3. Agreement with National Academy of Sciences.
Sec. 4. Monitoring of health status and treatment of Persian Gulf 
                            veterans.
Sec. 5. Research on diagnostic technologies and technologies for 
                            measuring exposure to certain toxic agents 
                            or environmental or wartime hazards 
                            associated with Gulf War service.
Sec. 6. Outreach to Persian Gulf veterans.
Sec. 7. Definitions.

SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR DISEASES AND DISABILITIES 
              ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DURING THE 
              PERSIAN GULF WAR.

    (a) In General.--(1) Subchapter II of chapter 11 of title 38, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 1118. Presumptions of service connection for diseases and 
              disabilities associated with service in Southwest Asia 
              during the Persian Gulf War
    ``(a)(1) For purposes of section 1110 of this title, and subject to 
section 1113 of this title, a disease or disability described in 
paragraph (2) or (3) occurring in a Persian Gulf veteran shall be 
considered to be a disease incurred in or aggravated by service in the 
Southwest Asia theater of operations during the Persian Gulf War, 
notwithstanding that there is no record of evidence of such disease or 
disability during the period of such service.
    ``(2) A disease or disability described in this paragraph is any 
diagnosed or undiagnosed disease or disability that--
            ``(A) the Secretary determines in regulations prescribed 
        under this section warrants a presumption of service connection 
        by reason of having a positive association with exposure to a 
        biological, chemical, or other toxic agent or environmental or 
        wartime hazard known or presumed to be associated with service 
        in the Armed Forces in the Southwest Asia theater of operations 
        during the Persian Gulf War; and
            ``(B) becomes manifest within the period (if any) 
        prescribed in such regulations in a Persian Gulf veteran who by 
        reason of service on active duty in that theater of operations 
        during the Persian Gulf War was exposed to such agent or 
        hazard.
    ``(3) A disease or disability described in this paragraph is any 
disease or disability (in addition to the diseases or disabilities 
covered by paragraph (2)) that--
            ``(A) the Secretary determines in regulations prescribed 
        under this section warrants a presumption of service connection 
        by reason of having a prevalence among Persian Gulf veterans 
        greater than its prevalence among matched peers who are 
        veterans or active duty servicemembers of the same era who were 
        neither deployed nor vaccinated for deployment; and
            ``(B) becomes manifest within the period (if any) 
        prescribed in such regulations in a Persian Gulf veteran.
    ``(4) For purposes of this subsection, a Persian Gulf veteran who 
has a disease or disability described in paragraph (2) shall be 
presumed to have been exposed by reason of service on active duty in 
that theater of operations during the Persian Gulf War to an agent or 
hazard in the regulations prescribed under this section unless there is 
conclusive evidence to establish that the veteran was not exposed to 
the agent or hazard by reason of such service.
    ``(b)(1)(A) Whenever the Secretary makes a determination described 
in subparagraph (B) or (C), the Secretary shall prescribe regulations 
providing that a presumption of service connection is warranted for the 
disease or disability covered by that determination for the purposes of 
this section.
    ``(B) A determination described in this subparagraph is a 
determination based on sound medical and scientific evidence that a 
positive association exists between--
            ``(i) the exposure of humans to a biological, chemical, or 
        other toxic agent or environmental or wartime hazard known or 
        presumed to be associated with service in the Southwest Asia 
        theater of operations during the Persian Gulf War; and
            ``(ii) the occurrence of a diagnosed or undiagnosed disease 
        or disability in humans.
    ``(C) A determination described in this subparagraph is a 
determination based on sound medical and scientific evidence that a 
disease or disability (other than a disease or disability covered by a 
determination under subparagraph (B)) has a prevalence among Persian 
Gulf veterans greater than its prevalence in a population of matched 
peers who are veterans or active duty servicemembers of the same era 
who were neither deployed nor vaccinated for deployment.
    ``(2)(A) In making determinations for purposes of paragraph (1), 
the Secretary shall take into account--
            ``(i) the reports submitted to the Secretary by the 
        National Academy of Sciences under section 3 of the Persian 
        Gulf Veterans Act of 1998; and
            ``(ii) all other sound medical and scientific information 
        and analyses available to the Secretary.
    ``(B) In evaluating any report, information, or analysis for 
purposes of making such determinations, the Secretary shall take into 
consideration whether the results are--
            ``(i) statistically significant;
            ``(ii) capable of replication; and
            ``(iii) withstand peer review.
    ``(3) An association between the occurrence of a disease or 
disability in humans and exposure to an agent or hazard shall be 
considered to be positive for purposes of this subsection if the 
credible evidence for the association is equal to or outweighs the 
credible evidence against the association.
    ``(c)(1)(A) Not later than 60 days after the date on which the 
Secretary receives a report from the National Academy of Sciences under 
section 3 of the Persian Gulf Veterans Act of 1998, the Secretary shall 
determine whether a presumption of service connection under this 
section is warranted for each disease or disability (if any) covered by 
the report.
    ``(B) If the Secretary determines 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.
    ``(C)(i) If the Secretary determines that a presumption of service 
connection is not warranted, 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.
    ``(ii) If a disease or disability already presumed to be service 
connected under this section is subject to a determination under clause 
(i), the Secretary shall, not later than 60 days after publication of 
the notice under that clause, issue proposed regulations removing the 
presumption of service connection for the disease or disability.
    ``(2) Not later than 90 days after the date on which the Secretary 
issues any proposed regulations under paragraph (1), the Secretary 
shall issue final regulations. Such regulations shall be effective on 
the date of issuance.
    ``(d) Whenever a presumption of service connection for a disease or 
disability under this section is removed under subsection (c)--
            ``(1) a veteran who was awarded compensation for the 
        disease or disability 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 veteran who was awarded dependency 
        and indemnity compensation for the death of a veteran resulting 
        from the disease or disability 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 3 of the Persian Gulf Veterans Act of 1998.
    ``(f) In this section, the term `Persian Gulf veteran' means a 
veteran who served on active duty in the Southwest Asia theater of 
operations 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 1117 the 
following new item:

``1118. Presumptions of service connection for diseases or disabilities 
                            associated with service in Southwest Asia 
                            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 out ``or 1116'' and 
        inserting in lieu thereof ``, 1116, or 1118''.
    (c) Compensation for Undiagnosed Gulf War Diseases and 
Disabilities.--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):
    ``(c)(1) Whenever the Secretary determines as a result of a 
determination under section 1118(c) of this title that a presumption of 
service connection for an undiagnosed disease or disability (or 
combination of undiagnosed diseases or disabilities) is no longer 
warranted under this section--
            ``(A) a veteran who was awarded compensation under this 
        section for such disease (or combination of diseases or 
        disabilities) on the basis of the presumption shall continue to 
        be entitled to receive compensation under this section on that 
        basis; and
            ``(B) a survivor of a veteran who was awarded dependency 
        and indemnity compensation for the death of a veteran resulting 
        from the disease on the basis of the presumption before that 
        date shall continue to be entitled to receive dependency and 
        indemnity compensation on that basis.
    ``(2) This subsection 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 3 of 
the Persian Gulf Veterans Act of 1998.''.

SEC. 3. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

    (a) Purpose.--The purpose of this section is to provide for the 
National Academy of Sciences, an independent nonprofit scientific 
organization with appropriate expertise, to--
            (1) review and evaluate the available scientific evidence, 
        including animal studies, regarding associations between 
        various diseases and exposure to toxic agents or environmental 
        or wartime hazards associated with Gulf War service; and
            (2) determine the comparative prevalence of various 
        symptoms and diseases in the population of Persian Gulf 
        veterans to the prevalence of those symptoms and diseases in a 
        population of matched peers who are veterans or active duty 
        servicemembers of the same era who were neither deployed nor 
        vaccinated for deployment.
    (b) Agreement.--The Secretary of Veterans Affairs shall seek to 
enter into an agreement with the National Academy of Sciences for the 
Academy to perform the services covered by this section and sections 
4(a)(6), 5(d), and 6(d). The Secretary shall seek to enter into the 
agreement not later than two months after the date of the enactment of 
this Act.
    (c) Identification of Agents and Diseases and Disabilities.--(1) 
Under the agreement under subsection (b), the National Academy of 
Sciences shall--
            (A) identify the biological, chemical, or other toxic 
        agents or environmental or wartime hazards to which members of 
        the Armed Forces who served in the Southwest Asia theater of 
        operations during the Persian Gulf War may have been exposed by 
        reason of such service; and
            (B) identify the diseases (including diagnosed diseases and 
        undiagnosed diseases, symptoms, and conditions) that are 
        manifest in those members.
    (2) In identifying diseases under paragraph (1)(B), the Academy 
shall review and summarize the relevant scientific evidence regarding 
diseases among Persian Gulf veterans and among other appropriate 
populations of individuals. The evidence reviewed and summarized shall 
include evidence regarding mortality, symptoms, adverse reproductive 
health outcomes among those veterans and among other individuals, and 
such other matters as the Academy considers appropriate. With respect 
to each such disease and disability, the Academy shall also identify 
all scientific evidence that indicates a prevalence of that disease in 
Persian Gulf veterans greater than its prevalence among matched peers 
who are veterans or active duty servicemembers of the same era who were 
neither deployed nor vaccinated for deployment.
    (d) Determinations of Associations Between Agents and Diseases and 
Disabilities.--(1) For each agent or hazard and disease identified 
under subsection (c), the National Academy of Sciences shall determine 
(to the extent that available scientific data permit meaningful 
determinations) the following:
            (A) Whether a statistical association exists between 
        exposure to the agent or hazard and the disease, taking into 
        account the strength of the scientific evidence and the 
        appropriateness of the scientific methodology used to detect 
        the association.
            (B) The increased risk of the disease among human 
        populations exposed to the agent or hazard.
            (C) Whether a plausible biological mechanism or other 
        evidence of a causal relationship exists between exposure to 
        the agent or hazard and the disease.
            (D) The latency period which may be associated between 
        exposure to the agent or hazard and the manifestation of the 
        disease.
    (2) In a case in which the determination of the Academy under 
paragraph (1)(C) with respect to whether there is a causal relationship 
between exposure to an agent or hazard and a disease is that such a 
relationship does not exist, the Academy shall determine whether that 
disease nevertheless occurs in Persian Gulf veterans with a prevalence 
greater than its prevalence in matched peers who are veterans or active 
duty servicemembers of the same era who were neither deployed nor 
vaccinated for deployment.
    (3) The Academy shall include in its reports under subsection (i) a 
full discussion of the scientific evidence and reasoning that led to 
its conclusions under this subsection.
    (e) Review of Potential Treatment Models for Certain Diseases and 
Disabilities.--Under the agreement under subsection (b), the National 
Academy of Sciences shall separately review, for each chronic 
undiagnosed disease identified under subsection (c)(1)(B) and for any 
additional chronic disease that the Academy determines to warrant such 
review, the available scientific information in order to identify 
empirically valid models of successful treatment for those populations 
with similar diseases or symptoms.
    (f) Review of Evolving Technologies.--Under the agreement under 
subsection (b), the National Academy of Sciences shall--
            (1) identify the evolving technologies that are available 
        to identify the level of exposure of Persian Gulf veterans to 
        biological, chemical, or other toxic agents or environmental or 
        wartime hazards to which members of the Armed Forces who served 
        in the Southwest Asia theater of operations during the Persian 
        Gulf War may have been exposed by reason of such service; and
            (2) assess the applicability of those technologies in 
        diagnosing conditions and symptoms of those veterans.
    (g) Recommendations for Additional Scientific Studies.--Under the 
agreement under subsection (b), the National Academy of Sciences shall 
make any recommendations that it considers appropriate for additional 
scientific studies (including studies relating to treatment models) to 
resolve areas of continuing scientific uncertainty relating to the 
health consequences of exposure to toxic agents or environmental or 
wartime hazards associated with Gulf War service and for determining 
the prevalence of symptoms and conditions in Persian Gulf veterans. In 
making recommendations for additional studies, the Academy shall 
consider the available scientific information, the value and relevance 
of the information that could result from such additional studies, and 
the cost and feasibility of carrying out such additional studies.
    (h) Subsequent Reviews.--Under the agreement under subsection (b), 
the National Academy of Sciences shall conduct on a periodic and 
ongoing basis additional reviews of the evidence and data relating to 
its activities under this section. As part of each such review, the 
Academy shall--
            (1) conduct as comprehensive a review as is practicable of 
        the evidence referred to in subsection (c) and the information 
        and other matters referred to in subsections (d), (e), (f), and 
        (g) that became available since the last review of such 
        evidence and data under this section; and
            (2) make its determinations on the basis of the results of 
        such review and all other reviews conducted for the purposes of 
        this section.
    (i) Reports.--(1) Under the agreement under subsection (b), the 
National Academy of Sciences shall submit periodic written reports 
regarding the Academy's activities under the agreement to the Secretary 
of Veterans Affairs, the Secretary of Defense, and the designated 
congressional committees. Such reports shall be submitted at least once 
every two years.
    (2) The first report under paragraph (1) shall be transmitted not 
later than 18 months after the date of the enactment of this Act. That 
report shall include the following:
            (A) The determinations and discussion referred to in 
        subsection (d).
            (B) The results of the review of models of treatment under 
        subsection (e).
            (C) Any recommendation of the Academy under subsection (g).
    (3) In any report under this subsection after the first report, the 
Academy may specify an absence of meaningful developments in the 
scientific or medical community with respect to the activities of the 
Academy under this section during the two-year period preceding the 
date of the report.
    (j) Sunset.--This section, and any agreement entered into under 
this section, shall cease to be effective 10 years after the last day 
of the fiscal year during which the National Academy of Sciences 
submits the first report under subsection (i).
    (k) Alternative Contract Scientific Organization.--(1) If the 
Secretary of Veterans Affairs is unable within the time period set 
forth in subsection (b) to enter into an agreement with the National 
Academy of Sciences for the purposes of this section on terms 
acceptable to the Secretary, the Secretary shall seek to enter into an 
agreement for the purposes of this section with another appropriate 
scientific organization that is not part of the Government and operates 
as a not-for-profit entity and that has expertise and objectivity 
comparable to that of the National Academy of Sciences.
    (2) If the Secretary enters into such an agreement with another 
organization, any reference in this section and in section 1118 of 
title 38, United States Code (as added by section 2), to the National 
Academy of Sciences shall be treated as a reference to that other 
organization.

SEC. 4. MONITORING OF HEALTH STATUS AND TREATMENT OF PERSIAN GULF 
              VETERANS.

    (a) Information Database.--(1) The Secretary of Veterans Affairs 
shall, in consultation with the Secretary of Defense, develop a plan 
for the establishment and operation of a single computerized 
information database for the collection, storage, and analysis of 
information on--
            (A) the diagnosed and undiagnosed diseases suffered by 
        current and former members of the Armed Forces who served in 
        the Southwest Asia theater of operations during the Persian 
        Gulf War; and
            (B) the treatment provided such members for--
                    (i) any chronic undiagnosed diseases; and
                    (ii) any chronic diseases for which the National 
                Academy of Sciences has identified a valid model of 
                treatment pursuant to its review under section 3(e).
    (2) The plan shall provide for the commencement of the operation of 
the database not later than 18 months after the date of the enactment 
of this Act.
    (3) The Secretary of Veterans Affairs shall ensure in the plan that 
the database provides the capability of monitoring and analyzing 
information on--
            (A) the diseases covered by paragraph (1)(A);
            (B) the treatments covered by paragraph (1)(B); and
            (C) the efficacy of such treatments.
    (4) In order to meet the requirement under paragraph (3), the plan 
shall ensure that the database includes the following:
            (A) Information in the Persian Persian Gulf Veterans Health 
        Registry established under section 702 of the Persian Gulf War 
        Veterans' Health Status Act (title VII of Public Law 102-585; 
        38 U.S.C. 527 note).
            (B) Information in the Comprehensive Clinical Evaluation 
        Program for Veterans established under section 734 of the 
        National Defense Authorization Act for Fiscal Years 1992 and 
        1993 (10 U.S.C. 1074 note).
            (C) Information derived from other examinations and 
        treatment provided to veterans who served in the Southwest Asia 
        theater of operations during the Persian Gulf War.
            (D) Information derived from other examinations and 
        treatment provided to current members of the Armed Forces 
        (including members on active duty and members of the reserve 
        components) who served in that theater of operations during 
        that war.
            (E) Information on claims for compensation, and for 
        dependency and indemnity compensation, arising from service in 
        the Persian Gulf theater of operations during the Persian War, 
        including the number of such claims filed, the number 
        adjudicated, the number and types of for which compensation is 
        granted, and the ratings granted for compensated disabilities.
            (F) Such other information as the Secretary of Veterans 
        Affairs, in consultation with the Secretary of Defense, 
        considers appropriate.
    (5) Not later than one year after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit the plan developed 
under paragraph (1) to the following:
            (A) The Secretary of Defense.
            (B) The National Academy of Sciences.
            (C) The designated congressional committees.
    (6)(A) The agreement under section 3 shall require the National 
Academy of Sciences to evaluate the plan developed under paragraph (1). 
The Academy shall complete the evaluation of the plan not later than 90 
days after the date of its submittal to the Academy under paragraph 
(5).
    (B) Upon completion of its evaluation, the Academy shall submit a 
report on the evaluation to the officers and committees specified in 
paragraph (5).
    (7) Not later than 90 days after receipt of the report under 
paragraph (6), the Secretary of Veterans Affairs shall--
            (A) modify the plan in light of the evaluation of the 
        Academy in the report; and
            (B) commence implementation of the plan as so modified.
    (b) Compilation and Analysis of Information in Database.--(1) The 
Secretary of Veterans Affairs shall compile and analyze, on an ongoing 
basis, all clinical data in the database under subsection (a) that may 
be scientifically useful in determining the association, if any, 
between the diseases (including diagnosed diseases and undiagnosed 
diseases) of veterans covered by such data and exposure to toxic agents 
or environmental or wartime hazards associated with Gulf War service.
    (2) The Secretary of Defense shall compile and analyze, on an 
ongoing basis, all clinical data in the database that may be 
scientifically useful in determining the association, if any, between 
the diseases (including diagnosed diseases and undiagnosed diseases) of 
current members of the Armed Forces (including members on active duty 
and members of the reserve components) and exposure to such agents or 
hazards.
    (c) Annual Report.--Not later than April 1 of each year after a 
year in which the Secretary of Veterans Affairs and the Secretary of 
Defense carry out activities under subsection (b), the Secretaries 
shall jointly submit to the designated congressional committees a 
report containing the following:
            (1) With respect to the data compiled in accordance with 
        subsection (b) during the preceding year--
                    (A) an analysis of the data;
                    (B) a discussion of the types, incidences, and 
                prevalence of the disabilities and diseases identified 
                through such data;
                    (C) with respect to each such disability or 
                disease--
                            (i) an explanation for the incidence and 
                        prevalence of such disability or disease;
                            (ii) other reasonable explanations for the 
                        incidence and prevalence of such disability or 
                        disease;
                            (iii) an analysis of the scientific 
                        validity of drawing conclusions from the 
                        incidence and prevalence of such disability or 
                        disease, as evidenced by such data, about any 
                        association between such disability or disease 
                        and exposure to a toxic agent or environmental 
                        or wartime hazard associated with Gulf War 
                        service; and
                            (iv) comparative information on the 
                        incidence and prevalence of such disability or 
                        disease in matched peers who are veterans or 
                        active duty servicemembers of the same era who 
                        were neither deployed nor vaccinated for 
                        deployment.
            (2) With respect to the most current information received 
        under section 3(i) regarding treatment models reviewed under 
        section 3(e)--
                    (A) an analysis of the information;
                    (B) the results of any consultation between such 
                Secretaries regarding the implementation of such 
                treatment models in the health care systems of the 
                Department of Veterans Affairs and the Department of 
                Defense; and
                    (C) in the event either such Secretary determines 
                not to implement such treatment models, an explanation 
                for such determination.
            (3) Identification of those diseases and disabilities 
        occurring among Persian Gulf veterans which may merit service-
        connected compensation by virtue of research completed by the 
        Academy and the information identified under paragraph 
        (1)(C)(iv).

SEC. 5. RESEARCH ON DIAGNOSTIC TECHNOLOGIES AND TECHNOLOGIES FOR 
              MEASURING EXPOSURE TO CERTAIN TOXIC AGENTS OR 
              ENVIRONMENTAL OR WARTIME HAZARDS ASSOCIATED WITH GULF WAR 
              SERVICE.

    (a) Establishment of Program.--The Secretary of Veterans Affairs, 
in consultation with the Secretary of Defense and the Secretary of 
Health and Human Services, shall carry out a research program to 
provide for the conduct of studies of the evolving technologies that 
are available to facilitate--
            (1) measurement of incidence of, and extent of exposure to, 
        toxic agents or environmental or wartime hazards associated 
        with Gulf War service; and
            (2) diagnosis of diseases resulting from such exposure.
    (b) Program Requirements.--(1) Under the program under subsection 
(a), the Secretary of Veterans Affairs shall, pursuant to criteria 
prescribed pursuant to paragraph (2), award contracts or furnish 
financial assistance to non-Government entities for the conduct of 
studies referred to in subsection (a).
    (2) The Secretaries shall jointly prescribe criteria for--
            (A) the selection of entities to be awarded contracts or to 
        receive financial assistance under the program; and
            (B) the approval of studies to be conducted under such 
        contracts or with such financial assistance.
    (c) Report.--The Secretaries shall jointly report the results of 
studies conducted under the program to the designated congressional 
committees.
    (d) Consultation With National Academy of Sciences.--(1) To the 
extent provided under the agreement entered into by the Secretary of 
Veterans Affairs and the National Academy of Sciences under section 3--
            (A) the Secretary shall consult with the Academy regarding 
        the establishment and administration of the program under 
        subsection (a); and
            (B) the Academy shall review the studies conducted under 
        contracts awarded pursuant to the program and the studies 
        conducted with financial assistance furnished pursuant to the 
        program.
    (2) The agreement shall require the Academy to submit any 
recommendations that the Academy considers appropriate regarding any 
studies reviewed for purposes of this subsection to the following:
            (A) The Secretary of Veterans Affairs.
            (B) The Secretary of Defense.
            (C) The Secretary of Health and Human Services.
            (D) The designated congressional committees.

SEC. 6. OUTREACH TO PERSIAN GULF VETERANS.

    (a) Outreach by Secretary of Veterans Affairs.--(1) The Secretary 
of Veterans Affairs shall carry out an ongoing program to provide 
veterans who are Persian Gulf veterans the information described in 
subsection (c). The program shall be carried out in consultation with 
the Secretary of Defense and the Secretary of Health and Human 
Services.
    (2) The Secretary shall include in the annual report of the 
Secretary under section 529 of title 38, United States Code, a report 
on outreach activities to Persian Gulf veterans carried out by the 
Secretary during the period covered by the report with respect to 
information described in subsection (c). The Secretary shall 
specifically describe the outreach efforts made to veterans service 
organizations as part of such activities.
    (b) Outreach by Secretary of Defense.--The Secretary of Defense 
shall carry out an ongoing program to provide current members of the 
Armed Forces (including members on active duty and members of the 
reserve components) who are Persian Gulf veterans the information 
described in subsection (c). The program shall be carried out in 
consultation with the Secretary of Veterans Affairs and the Secretary 
of Health and Human Services.
    (c) Covered Information.--Information under this subsection is 
information relating to--
            (1) the health risks, if any, resulting from exposure to 
        toxic agents or environmental or wartime hazards associated 
        with Gulf War service; and
            (2) any services or benefits available with respect to such 
        health risks.

SEC. 7. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``toxic agent or environmental or wartime 
        hazard associated with Gulf War service'' means a biological, 
        chemical, or other toxic agent, anthrax vaccine or botulinum 
        toxoid vaccine or pyridostigmine bromide, or an environmental 
        or wartime hazard that is known or presumed to be associated 
        with service in the Armed Forces in the Southwest Asia theater 
        of operations during the Persian Gulf War, including the 
        following:
                    (A) Pesticides and repellents.
                    (B) Medications to include pyridostigmine bromide.
                    (C) Vaccinations.
                    (D) Low-level exposures to biological and chemical 
                warfare agents.
                    (E) Ionizing radiation, to include depleted 
                uranium.
                    (F) Environmental particulates and pollutants.
                    (G) Endemic infectious diseases.
                    (H) The synergistic effects of the above exposures.
            (2) The term ``Persian Gulf veteran'' means a veteran or 
        member of the Armed Forces who served on active duty in the 
        Southwest Asia theater of operations during the Persian Gulf 
        War.
            (3) The term ``vaccinated for deployment'' means vaccinated 
        for anthrax or for botulinum toxoid before deployment to the 
        Southwest Asia theater of operations.
            (4) The term ``designated congressional committees'' means 
        the following:
                    (A) The Committee on Veterans' Affairs and the 
                Committee on Armed Services of the Senate.
                    (B) The Committee on Veterans' Affairs and the 
                Committee on National Security of the House of 
                Representatives.
                                 <all>