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(5) The availability of quality, lifetime health care is a
critical recruiting incentive for the Armed Forces.
(6) Quality health care is a critical aspect of the quality
of life of the men and women serving in the Armed Forces.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States has incurred a moral obligation to
provide health care to members and former members of the
Armed Forces who are entitled to retired or retainer pay (or
its equivalent);
(2) it is, therefore, necessary to provide quality, affordable
health care to such retirees; and
(3) Congress and the President should take steps to address
the problems associated with the availability of health care
for such retirees within two years after the date of the enact-
ment of this Act.
Subtitle F—Persian Gulf Illness
SEC. 761. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘Gulf War illness’’ means any one of the
complex of illnesses and symptoms that might have been con-
tracted by members of the Armed Forces as a result of service
in the Southwest Asia theater of operations during the Persian
Gulf War.
(2) The term ‘‘Persian Gulf War’’ has the meaning given
that term in section 101 of title 38, United States Code.
(3) The term ‘‘Persian Gulf veteran’’ means an individual
who served on active duty in the Armed Forces in the Southwest
Asia theater of operations during the Persian Gulf War.
(4) The term ‘‘contingency operation’’ has the meaning given
that term in section 101(a) of title 10, United States Code,
and includes a humanitarian operation, peacekeeping operation,
or similar operation.
SEC. 762. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN GULF
VETERANS.
(a) PLAN REQUIRED.—The Secretary of Defense and the Sec-
retary of Veterans Affairs, acting jointly, shall prepare a plan
to provide appropriate health care to Persian Gulf veterans (and
dependents eligible by law) who suffer from a Gulf War illness.
(b) CONTENTS OF PLAN.—In preparing the plan, the Secretaries
shall—
(1) use the presumptions of service connection and illness
specified in paragraphs (1) and (2) of section 721(d) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 10 U.S.C. 1074 note) to determine the Persian
Gulf veterans (and dependents eligible by law) who should
be covered by the plan;
(2) consider the need and methods available to provide
health care services to Persian Gulf veterans who are no longer
on active duty in the Armed Forces, such as Persian Gulf
veterans who are members of the reserve components and
Persian Gulf veterans who have been separated from the Armed
Forces; and
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(3) estimate the costs to the Government of providing full
or partial health care services under the plan to covered Persian
Gulf veterans (and covered dependents eligible by law).
(c) FOLLOW-UP TREATMENT.—The plan required by subsection
(a) shall specifically address the measures to be used to monitor
the quality, appropriateness, and effectiveness of, and patient satis-
faction with, health care services provided to Persian Gulf veterans
after their initial medical examination as part of registration in
the Persian Gulf War Veterans Health Registry or the Comprehen-
sive Clinical Evaluation Program.
(d) SUBMISSION OF PLAN.—Not later than March 1, 1998, the
Secretaries shall submit to Congress the plan required by subsection
(a).
SEC. 763. COMPTROLLER GENERAL STUDY OF REVISED DISABILITY
CRITERIA FOR PHYSICAL EVALUATION BOARDS.
Not later than March 1, 1998, the Comptroller General shall
submit to Congress a study evaluating the revisions made by the
Secretary of Defense (as required by section 721(e) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103–
337; 10 U.S.C. 1074 note)) to the Physical Evaluation Board criteria
used to set disability ratings for members of the Armed Forces
who are no longer medically qualified for continuation on active
duty so as to ensure accurate disability ratings related to a diagnosis
of a Gulf War illness.
SEC. 764. MEDICAL CARE FOR CERTAIN RESERVES WHO SERVED IN
SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.
(a) IN GENERAL.—Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074d the following new
section:
‘‘§ 1074e. Medical care: certain Reserves who served in South-
west Asia during the Persian Gulf Conflict
‘‘(a) ENTITLEMENT TO MEDICAL CARE.—A member of the armed
forces described in subsection (b) is entitled to medical care for
a qualifying Persian Gulf symptom or illness to the same extent
and under the same conditions (other than the requirement that
the member be on active duty) as a member of a uniformed service
who is entitled to such care under section 1074(a) of this title.
‘‘(b) COVERED MEMBERS.—Subsection (a) applies to a member
of a reserve component who—
‘‘(1) is a Persian Gulf veteran;
‘‘(2) has a qualifying Persian Gulf symptom or illness;
and
‘‘(3) is not otherwise entitled to medical care for such symp-
tom or illness under this chapter and is not otherwise eligible
for hospital care and medical services for such symptom or
illness under section 1710 of title 38.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘Persian Gulf veteran’ means a member of
the armed forces who served on active duty in the Southwest
Asia theater of operations during the Persian Gulf Conflict.
‘‘(2) The term ‘qualifying Persian Gulf symptom or illness’
means, with respect to a member described in subsection (b),
a symptom or illness—
‘‘(A) that the member registered before September 1,
1997, in the Comprehensive Clinical Evaluation Program
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of the Department of Defense and that is presumed under
section 721(d) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result
of service in the Southwest Asia theater of operations dur-
ing the Persian Gulf Conflict; or
‘‘(B) that the member registered before September 1,
1997, in the Persian Gulf War Veterans Health Registry
maintained by the Department of Veterans Affairs pursu-
ant to section 702 of the Persian Gulf War Veterans’ Health
Status Act (38 U.S.C. 527 note).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1074d the following new item:
‘‘1074e. Medical care: certain Reserves who served in Southwest Asia during the
Persian Gulf Conflict.’’.
SEC. 765. IMPROVED MEDICAL TRACKING SYSTEM FOR MEMBERS
DEPLOYED OVERSEAS IN CONTINGENCY OR COMBAT
OPERATIONS.
(a) SYSTEM REQUIRED.—(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074e (as added by
section 764) the following new section:
‘‘§ 1074f. Medical tracking system for members deployed over-
seas
‘‘(a) SYSTEM REQUIRED.—The Secretary of Defense shall estab-
lish a system to assess the medical condition of members of the
armed forces (including members of the reserve components) who
are deployed outside the United States or its territories or posses-
sions as part of a contingency operation (including a humanitarian
operation, peacekeeping operation, or similar operation) or combat
operation.
‘‘(b) ELEMENTS OF SYSTEM.—The system described in subsection
(a) shall include the use of predeployment medical examinations
and postdeployment medical examinations (including an assessment
of mental health and the drawing of blood samples) to accurately
record the medical condition of members before their deployment
and any changes in their medical condition during the course of
their deployment. The postdeployment examination shall be con-
ducted when the member is redeployed or otherwise leaves an
area in which the system is in operation (or as soon as possible
thereafter).
‘‘(c) RECORDKEEPING.—The results of all medical examinations
conducted under the system, records of all health care services
(including immunizations) received by members described in sub-
section (a) in anticipation of their deployment or during the course
of their deployment, and records of events occurring in the deploy-
ment area that may affect the health of such members shall be
retained and maintained in a centralized location to improve future
access to the records.
‘‘(d) QUALITY ASSURANCE.—The Secretary of Defense shall
establish a quality assurance program to evaluate the success of
the system in ensuring that members described in subsection (a)
receive predeployment medical examinations and postdeployment
medical examinations and that the recordkeeping requirements with
respect to the system are met.’’.
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(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074e
(as added by section 764) the following new item:
‘‘1074f. Medical tracking system for members deployed overseas.’’.
(b) REPORT.—Not later than March 1, 1998, the Secretary of
Defense shall submit to Congress an analysis of the administrative
implications of establishing and administering the medical tracking
system required by section 1074f of title 10, United States Code,
as added by subsection (a). The report shall include, for fiscal
year 1999 and the 5 successive fiscal years, a separate analysis
and specification of the projected costs and operational consider-
ations for each of the following required aspects of the system:
(1) Predeployment medical examinations.
(2) Postdeployment medical examinations.
(3) Recordkeeping.
SEC. 766. NOTICE OF USE OF INVESTIGATIONAL NEW DRUGS OR DRUGS
UNAPPROVED FOR THEIR APPLIED USE.
(a) NOTICE REQUIREMENTS.—Chapter 55 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 1107. Notice of use of an investigational new drug or a
drug unapproved for its applied use
‘‘(a) NOTICE REQUIRED.—(1) Whenever the Secretary of Defense
requests or requires a member of the armed forces to receive an
investigational new drug or a drug unapproved for its applied
use, the Secretary shall provide the member with notice containing
the information specified in subsection (d).
‘‘(2) The Secretary shall also ensure that health care providers
who administer an investigational new drug or a drug unapproved
for its applied use, or who are likely to treat members who receive
such a drug, receive the information required to be provided under
paragraphs (3) and (4) of subsection (d).
‘‘(b) TIME OF NOTICE.—The notice required to be provided to
a member under subsection (a)(1) shall be provided before the
investigational new drug or drug unapproved for its applied use
is first administered to the member, if practicable, but in no case
later than 30 days after the drug is first administered to the
member.
‘‘(c) FORM OF NOTICE.—The notice required under subsection
(a)(1) shall be provided in writing unless the Secretary of Defense
determines that the use of written notice is impractical because
of the number of members receiving the investigational new drug
or drug unapproved for its applied use, time constraints, or similar
reasons. If the Secretary provides notice under subsection (a)(1)
in a form other than in writing, the Secretary shall submit to
Congress a report describing the notification method used and
the reasons for the use of the alternative method.
‘‘(d) CONTENT
OF NOTICE.—The notice required under sub-
section (a)(1) shall include the following:
‘‘(1) Clear notice that the drug being administered is an
investigational new drug or a drug unapproved for its applied
use.
‘‘(2) The reasons why the investigational new drug or drug
unapproved for its applied use is being administered.