Union Calendar No. 110

103D CONGRESS

1ST SESSION H. R. 2535

[Report No. 103–198]

A BILL

To amend title 38, United States Code, to provide

Persian Gulf War.Affairs to provide health care for veterans of theadditional authority for the Secretary of Veterans

JULY 29, 1993

Reported with amendments, committed to the Committee

ordered to be printedof the Whole House on the State of the Union, and
IB

Union Calendar No. 110

103D CONGRESS

1ST SESSION H. R. 2535

[Report No. 103–198]

To amend title 38, United States Code, to provide additional authority for

the Secretary of Veterans Affairs to provide health care for veterans

of the Persian Gulf War.

IN THE HOUSE OF REPRESENTATIVES

JUNE 28, 1993

Mr. ROWLAND (for himself, Mr. SMITH of New Jersey, Mr. CLEMENT, Mr.

EVANS, Mr. KENNEDY, Mr. GUTIERREZ, Mr. MONTGOMERY, Mr. STUMP,

Mr. KREIDLER, Mr. BUYER, and Mr. BILIRAKIS) introduced the following

bill; which was referred to the Committee on Veterans’ Affairs

JULY 29, 1993

Additional sponsors: Ms. BROWN of Florida, Mr. BISHOP, Ms. LONG, Mr. EDWARDS of Texas, Mr. TEJEDA, Mr. BACHUS of Alabama, Mr. HAMILTON,

Mr. CANADY, Mr. LINDER, Mr. SLATTERY, Mr. STEARNS, Mr. EVERETT,

Mr. PENNY, Mr. QUINN, Mr. RUSH, Mr. HEFNER, Mr. KING, Mr. RICHARDSON, Mr. STENHOLM, Mr. PAYNE of Virginia, Mr. PARKER, Mrs.

ROUKEMA, and Mr. DURBIN

JULY 29, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend title 38, United States Code, to provide additional
2

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authority for the Secretary of Veterans Affairs to provide

health care for veterans of the Persian Gulf War.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH

4 CARE.

5 (a) AUTHORIZED INPATIENT CARE.—(1) Section

6 1710(a)(1)(G) of title 38, United States Code, is amended

7 by striking out ‘‘or radiation’’ and inserting in lieu thereof

8 ‘‘, radiation, or environmental hazard’’.

9 (2) Section 1710(e) of such title is amended—

10 (A) by inserting at the end of paragraph (1) the

11 following new subparagraph:

12 ‘‘(C) Subject to paragraphs (2) and (3) of this sub13 section, a veteran who the Secretary finds may have been

14 exposed while serving on active duty in the Southwest Asia

15 theater of operations during the Persian Gulf War to a

16 toxic substance or environmental hazard is eligible for hos17 pital care and nursing home care under subsection

18 (a)(1)(G) of this section for any disability which becomes

19 manifest before October 1, 1996, notwithstanding that

20 there is insufficient medical evidence to conclude that such

21 disability may be associated with such exposure.’’;

22 (B) in paragraph (2), by striking out ‘‘subpara23 graph (A) or (B)’’ and inserting in lieu thereof ‘‘sub24 paragraph (A), (B), or (C)’’; and
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1 (C) in paragraph (3), by striking out the period

2 at the end and inserting in lieu thereof ‘‘, or, in the

3 case of care for a veteran described in paragraph

4 (1)(C), after September 30, 1998.’’.

5 (b) AUTHORIZED OUTPATIENT CARE.—Section

6 1712(a)(1) 1712(a) of such title is amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘and’’ at the end of

9 subparagraph (B);

10 (B) by striking out the period at the end

11 of subparagraph (C) and inserting in lieu there12 of ‘‘; and’’; and

13 (C) by adding at the end the following:

14 ‘‘(D) during the period before October 1, 1998,

15 for any disability which becomes manifest before Oc16 tober 1, 1996, in the case of a veteran who served

17 on active duty in the Southwest Asia theater of op18 erations during the Persian Gulf War and who the

19 Secretary finds may have been exposed to a toxic

20 substance or environmental hazard during such serv21 ice, notwithstanding that there is insufficient medi22 cal evidence to conclude that the disability may be

23 associated with such exposure.’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(7) Medical services may not be furnished under

2 paragraph (1)(D) with respect to a disability that is found,

3 in accordance with guidelines issued by the Under Sec4 retary for Health, to have resulted from a cause other

5 than an exposure described in that paragraph.’’.

6 SEC. 2. EFFECTIVE DATE.

7 The amendments made by section 1 shall take effect

8 as of August 10, 1992.

9 SEC. 2. EFFECTIVE DATE.

10 (a) EFFECTIVE DATE.—The amendments made by sec11 tion 1 shall take effect as of August 2, 1990.

12 (b) PROCEDURE FOR REFUNDS OF PRIOR PAY13 MENTS.—Upon application of a veteran submitted after the

14 date of the enactment of this Act, the Secretary of Veterans

15 Affairs shall refund to the veteran any amount paid by the

16 veteran to the Secretary before the date of the enactment

17 of this Act in accordance with sections 1710(f) and 1712(f)

18 of title 38, United States Code, for care and services covered

19 by the amendments made by section 1.