38 U.S.C. § 107

EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

“(a)Evaluation Program.—Subject to subsection (c), the Secretary of Veterans Affairs shall conduct a program to evaluate the health status of spouses and children of Persian Gulf War veterans. Under the program, the Secretary shall provide for the conduct of diagnostic testing and appropriate medical examinations of any individual—“(1) who is the spouse or child of a veteran who—“(A) is listed in the Persian Gulf War Veterans Registry established under section 702 of Public Law 102–585 [set out in a note under section 527 of this title]; and“(B) is suffering from an illness or disorder;“(2) who is apparently suffering from, or may have suffered from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the veteran’s service in the Southwest Asia theater of operations; and“(3) who, in the case of a spouse, has granted the Secretary permission to include in the Registry relevant medical data (including a medical history and the results of diagnostic testing and medical examinations) and such other information as the Secretary considers relevant and appropriate with respect to such individual.“(b)Duration of Program.—The program shall be carried out during the period beginning on November 1, 1994, and ending on December 31, 2003.“(c)Funding Limitation.—The amount spent for the program under subsection (a) may not exceed $2,000,000.“(d)Contracting.—The Secretary may provide for the conduct of testing and examinations under subsection (a) through appropriate contract arrangements, including fee arrangements described in section 1703 of title 38, United States Code.“(e)Standard Protocols and Guidelines.—The Secretary shall seek to ensure uniform development of medical data through the development of standard protocols and guidelines for such testing and examinations. If such protocols and guidelines have not been adopted before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report as to why such protocols and guidelines have not yet been developed.“(f)Entry of Results in Registry.—The results of diagnostic tests, medical histories, and medical examinations conducted under subsection (a) shall be entered into the Persian Gulf War Veterans Health Registry.“(g)Outreach.—The Secretary shall conduct such outreach activities as the Secretary determines necessary for the purposes of the program. In conducting such outreach activities, the Secretary shall advise that medical treatment is not available under the program.“(h)Use Outside Department of Standard Protocols and Guidelines.—The Secretary shall—“(1) make the standard protocols and guidelines developed under this section available to any entity which requests a copy of such protocols and guidelines; and“(2) enter into the registry the results of any examination of the spouse or child of a veteran who served in the Persian Gulf theater which a licensed physician certifies was conducted using those standard protocols and guidelines.“(i)Report to Congress.—Not later than July 31, 1999, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on activities with respect to the program, including the provision of services under subsection (d).“(j)Definitions.—For purposes of this section, the terms ‘child’ and ‘spouse’ have the meanings given those terms in paragraphs (4) and (31), respectively, of section 101 of title 38, United States Code.