[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 2535 Reported in House (RH)] 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 additional authority for the Secretary of Veterans Affairs to provide health care for veterans of the Persian Gulf War. _______________________________________________________________________ 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 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 authority for the Secretary of Veterans Affairs to provide health care for veterans of the Persian Gulf War. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE. (a) Authorized Inpatient Care.--(1) Section 1710(a)(1)(G) of title 38, United States Code, is amended by striking out ``or radiation'' and inserting in lieu thereof ``, radiation, or environmental hazard''. (2) Section 1710(e) of such title is amended-- (A) by inserting at the end of paragraph (1) the following new subparagraph: ``(C) Subject to paragraphs (2) and (3) of this subsection, a veteran who the Secretary finds may have been exposed while serving on active duty in the Southwest Asia theater of operations during the Persian Gulf War to a toxic substance or environmental hazard is eligible for hospital care and nursing home care under subsection (a)(1)(G) of this section for any disability which becomes manifest before October 1, 1996, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.''; (B) in paragraph (2), by striking out ``subparagraph (A) or (B)'' and inserting in lieu thereof ``subparagraph (A), (B), or (C)''; and (C) in paragraph (3), by striking out the period at the end and inserting in lieu thereof ``, or, in the case of care for a veteran described in paragraph (1)(C), after September 30, 1998.''. (b) Authorized Outpatient Care.--Section -1-7-1-2-(-a-)-(-1-) 1712(a) of such title is amended-- (1) in paragraph (1)-- (A) by striking out ``and'' at the end of subparagraph (B); (B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following: ``(D) during the period before October 1, 1998, for any disability which becomes manifest before October 1, 1996, in the case of a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and who the Secretary finds may have been exposed to a toxic substance or environmental hazard during such service, notwithstanding that there is insufficient medical evidence to conclude that the disability may be associated with such exposure.''; and (2) by adding at the end the following new paragraph: ``(7) Medical services may not be furnished under paragraph (1)(D) with respect to a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in that paragraph.''. -S-E-C-. -2-. -E-F-F-E-C-T-I-V-E -D-A-T-E-. -T-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -1 -s-h-a-l-l -t-a-k-e -e-f-f-e-c-t -a-s -o-f -A-u-g-u-s-t -1-0-, -1-9-9-2-. SEC. 2. EFFECTIVE DATE. (a) Effective Date.--The amendments made by section 1 shall take effect as of August 2, 1990. (b) Procedure for Refunds of Prior Payments.--Upon application of a veteran submitted after the date of the enactment of this Act, the Secretary of Veterans Affairs shall refund to the veteran any amount paid by the veteran to the Secretary before the date of the enactment of this Act in accordance with sections 1710(f) and 1712(f) of title 38, United States Code, for care and services covered by the amendments made by section 1.