
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC527]

 
                      TITLE 38--VETERANS' BENEFITS
 
                       PART I--GENERAL PROVISIONS
 
            CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY
 
                   SUBCHAPTER II--SPECIFIED FUNCTIONS
 
Sec. 527. Evaluation and data collection

    (a) The Secretary, pursuant to general standards which the Secretary 
shall prescribe in regulations, shall measure and evaluate on a 
continuing basis the effect of all programs authorized under this title, 
in order to determine their effectiveness in achieving stated goals in 
general, and in achieving such goals in relation to their cost, their 
effect on related programs, and their structure and mechanisms for 
delivery of services. Such information as the Secretary may consider 
necessary for purposes of such evaluations shall be made available to 
the Secretary, upon request, by all departments, agencies, and 
instrumentalities of the executive branch.
    (b) In carrying out this section, the Secretary shall collect, 
collate, and analyze on a continuing basis full statistical data 
regarding participation (including the duration thereof), provision of 
services, categories of beneficiaries, planning and construction of 
facilities, acquisition of real property, proposed excessing of land, 
accretion and attrition of personnel, and categorized expenditures 
attributable thereto, under all programs carried out under this title.
    (c) The Secretary shall make available to the public, and on a 
regular basis provide to the appropriate committees of the Congress, 
copies of all completed evaluative research studies and summaries of 
evaluations of program impact and effectiveness carried out, and 
tabulations and analyses of all data collected, under this section.

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 391.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 219 of this title prior to repeal by Pub. L. 102-83, Sec. 2(a).


                Persian Gulf War Veterans' Health Status

    Pub. L. 102-585, title VII, Nov. 4, 1992, 106 Stat. 4975, as amended 
by Pub. L. 103-446, title I, Sec. 108, Nov. 2, 1994, 108 Stat. 4653; 
Pub. L. 105-368, title I, Secs. 104, 106, Nov. 11, 1998, 112 Stat. 3323, 
3325, provided that:
``SEC. 701. SHORT TITLE.
    ``This title may be cited as the `Persian Gulf War Veterans' Health 
Status Act'.
``SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
    ``(a) Establishment of Registry.--The Secretary of Veterans Affairs 
shall establish and maintain a special record to be known as the 
`Persian Gulf War Veterans Health Registry' (in this section referred to 
as the `Registry').
    ``(b) Contents of Registry.--Except as provided in subsection (c), 
the Registry shall include the following information:
        ``(1) A list containing the name of each individual who served 
    as a member of the Armed Forces in the Persian Gulf theater of 
    operations during the Persian Gulf War and who--
            ``(A) applies for care or services from the Department of 
        Veterans Affairs under chapter 17 of title 38, United States 
        Code;
            ``(B) files a claim for compensation under chapter 11 of 
        such title on the basis of any disability which may be 
        associated with such service;
            ``(C) dies and is survived by a spouse, child, or parent who 
        files a claim for dependency and indemnity compensation under 
        chapter 13 of such title on the basis of such service;
            ``(D) requests from the Department a health examination 
        under section 703; or
            ``(E) receives from the Department of Defense a health 
        examination similar to the health examination referred to in 
        subparagraph (D) and requests inclusion in the Registry.
        ``(2) Relevant medical data relating to the health status of, 
    and other information that the Secretary considers relevant and 
    appropriate with respect to, each individual described in paragraph 
    (1) who--
            ``(A) grants to the Secretary permission to include such 
        information in the Registry; or
            ``(B) at the time the individual is listed in the Registry, 
        is deceased.
    ``(c) Individuals Submitting Claims or Making Requests Before Date 
of Enactment.--If in the case of an individual described in subsection 
(b)(1) the application, claim, or request referred to in such subsection 
was submitted, filed, or made, before the date of the enactment of this 
Act [Nov. 4, 1992], the Secretary shall, to the extent feasible, include 
in the Registry such individual's name and the data and information, if 
any, described in subsection (b)(2) relating to the individual.
    ``(d) Department of Defense Information.--The Secretary of Defense 
shall furnish to the Secretary of Veterans Affairs such information 
maintained by the Department of Defense as the Secretary of Veterans 
Affairs considers necessary to establish and maintain the Registry.
    ``(e) Relation to Department of Defense Registry.--The Secretary of 
Veterans Affairs, in consultation with the Secretary of Defense, shall 
ensure that information is collected and maintained in the Registry in a 
manner that permits effective and efficient cross-reference between the 
Registry and the registry established under section 734 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section 
704.
    ``(f) Ongoing Outreach to Individuals Listed in Registry.--The 
Secretary of Veterans Affairs shall, from time to time, notify 
individuals listed in the Registry of significant developments in 
research on the health consequences of military service in the Persian 
Gulf theater of operations during the Persian Gulf War.
``SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR 
        INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.
    ``(a) In General.--(1) The Secretary of Veterans Affairs--
        ``(A) shall, upon the request of a veteran described in 
    subsection (b)(1), provide the veteran with a health examination 
    (including any appropriate diagnostic tests) and consultation and 
    counseling with respect to the results of the examination and the 
    tests; and
        ``(B) may, upon the request of a veteran described in subsection 
    (b)(2), provide the veteran with such an examination (including 
    diagnostic tests) and such consultation and counseling.
    ``(2) The Secretary shall carry out appropriate outreach activities 
with respect to the provision of any health examinations (including any 
diagnostic tests) and consultation and counseling services under 
paragraph (1).
    ``(b) Covered Veterans.--(1) In accordance with subsection 
(a)(1)(A), the Secretary shall provide an examination (including 
diagnostic tests), consultation, and counseling under that subsection to 
any veteran who is eligible for listing or inclusion in the Persian Gulf 
War Veterans Health Registry established by section 702.
    ``(2) In accordance with subsection (a)(1)(B), the Secretary may 
provide an examination (including diagnostic tests), consultation, and 
counseling under that subsection to any veteran who is eligible for 
listing or inclusion in any other similar health-related registry 
administered by the Secretary.
``SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.
    ``[Amended section 734 of Pub. L. 102-190, set out as a note under 
section 1074 of Title 10, Armed Forces.]
``SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF 
        REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
    ``(a) Study.--The Director of the Office of Technology Assessment 
shall, in a manner consistent with the Technology Assessment Act of 1972 
(2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess--
        ``(1) the potential utility of each of the Persian Gulf Registry 
    and the Persian Gulf War Veterans Health Registry for scientific 
    study and assessment of the intermediate and long-term health 
    consequences of military service in the Persian Gulf theater of 
    operations during the Persian Gulf War;
        ``(2) the extent to which each registry meets the requirements 
    of the provisions of law under which the registry is established;
        ``(3) the extent to which data contained in each registry--
            ``(A) are maintained in a manner that ensures permanent 
        preservation and facilitates the effective, efficient retrieval 
        of information that is potentially relevant to the scientific 
        study of the intermediate and long-term health consequences of 
        military service in the Persian Gulf theater of operations 
        during the Persian Gulf War; and
            ``(B) would be useful for scientific study regarding such 
        health consequences;
        ``(4) the adequacy of any plans to update each of the 
    registries;
        ``(5) the extent to which the Department of Defense or the 
    Department of Veterans Affairs, as the case may be, is assembling 
    and maintaining information on the Persian Gulf theater of 
    operations (including information on troop locations and atmospheric 
    and weather conditions) in a manner that facilitates the usefulness 
    of, maintenance of, and retrieval of information from, the 
    applicable registry; and
        ``(6) the adequacy and compatibility of protocols for the health 
    examinations and counseling provided under section 703 and health 
    examinations provided by the Department of Defense to members of the 
    Armed Forces for the purpose of assessing the health status of 
    members of the Armed Forces who served in the Persian Gulf theater 
    of operations during the Persian Gulf War.
    ``(b) Access to Information.--The Secretary of Veterans Affairs and 
the Secretary of Defense shall provide the Director with access to such 
records and information under the jurisdiction of each such secretary as 
the Director determines necessary to permit the Director to carry out 
the study required under this section.
    ``(c) Reports.--The Director shall--
        ``(1) not later than 270 days after the date of the enactment of 
    this Act [Nov. 4, 1992], submit to Congress a report on the results 
    of the assessment carried out under this section of the Persian Gulf 
    Registry and health-examination protocols; and
        ``(2) not later than 15 months after such date, submit to 
    Congress a report on the results of the assessment carried out under 
    this section of the Persian Gulf War Veterans Health Registry.
    ``(d) Definitions.--For the purposes of this section:
        ``(1) The term `Persian Gulf Registry' means the registry 
    established under section 734 of the National Defense Authorization 
    Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
    1411; 10 U.S.C. 1074 note), as amended by section 704.
        ``(2) The term `Persian Gulf War Veterans Health Registry' means 
    the Persian Gulf War Veterans Health Registry established under 
    section 702.
``SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF 
        HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.
    ``(a) Agreement.--(1) The Secretary of Veterans Affairs and 
Secretary of Defense jointly shall seek to enter into an agreement with 
the National Academy of Sciences for the Medical Follow-Up Agency (MFUA) 
of the Institute of Medicine of the Academy to review existing 
scientific, medical, and other information on the health consequences of 
military service in the Persian Gulf theater of operations during the 
Persian Gulf War.
    ``(2) The agreement shall require MFUA to provide members of 
veterans organizations and members of the scientific community 
(including the Director of the Office of Technology Assessment) with the 
opportunity to comment on the method or methods MFUA proposes to use in 
conducting the review.
    ``(3) The agreement shall permit MFUA, in conducting the review, to 
examine and evaluate medical records of individuals who are included in 
the registries referred to in section 705(d) for purposes that MFUA 
considers appropriate, including the purpose of identifying illnesses of 
those individuals.
    ``(4) The Secretary of Veterans Affairs and the Secretary of Defense 
shall seek to enter into the agreement under this section not later than 
180 days after the date of the enactment of this Act [Nov. 4, 1992].
    ``(b) Report.--(1) The agreement under this section shall require 
the National Academy of Sciences to submit to the committees and 
secretaries referred to in paragraph (2) a report on the results of the 
review carried out under the agreement. Such report shall contain the 
following:
        ``(A) An assessment of the effectiveness of actions taken by the 
    Secretary of Veterans Affairs and the Secretary of Defense to 
    collect and maintain information that is potentially useful for 
    assessing the health consequences of the military service referred 
    to in subsection (a).
        ``(B) Recommendations on means of improving the collection and 
    maintenance of such information.
        ``(C) Recommendations on whether there is sound scientific basis 
    for an epidemiological study or studies on the health consequences 
    of such service, and if the recommendation is that there is sound 
    scientific basis for such a study or studies, the nature of the 
    study or studies.
    ``(2) The committees and secretaries referred to in paragraph (1) 
are the following:
        ``(A) The Committees on Veterans' Affairs of the Senate and 
    House of Representatives.
        ``(B) The Committees on Armed Services of the Senate and House 
    of Representatives.
        ``(C) The Secretary of Veterans Affairs.
        ``(D) The Secretary of Defense.
    ``(c) Funding.--(1) The Secretary of Veterans Affairs and the 
Secretary of Defense shall make available up to a total of $500,000 in 
fiscal year 1993, from funds available to the Department of Veterans 
Affairs and the Department of Defense in that fiscal year, to carry out 
the review. Any amounts provided by the two departments shall be 
provided in equal amounts.
    ``(2) If the Secretary of Veterans Affairs and the Secretary of 
Defense enter into an agreement under subsection (a) with the National 
Academy of Sciences--
        ``(A) the Secretary of Veterans Affairs shall make available 
    $250,000 in each of fiscal years 1994 through 2003, from amounts 
    available to the Department of Veterans Affairs in each such fiscal 
    year, to the National Academy of Sciences for the general purposes 
    of conducting epidemiological research with respect to military and 
    veterans populations; and
        ``(B) the Secretary of Defense shall make available $250,000 in 
    each of fiscal years 1994 through 2003, from amounts available to 
    the Department of Defense in each such fiscal year, to the National 
    Academy of Sciences for the purposes of carrying out the research 
    referred to in subparagraph (A).
    ``(d) Research Review and Development of Medical Education 
Curriculum.--(1) In order to further understand the health consequences 
of military service in the Persian Gulf theater of operations during the 
Persian Gulf War and of new research findings with implications for 
improving the provision of care for veterans of such service, the 
Secretary of Veterans Affairs and the Secretary of Defense shall seek to 
enter into an agreement with the National Academy of Sciences under 
which the Institute of Medicine of the Academy would--
        ``(A) develop a curriculum pertaining to the care and treatment 
    of veterans of such service who have ill-defined or undiagnosed 
    illnesses for use in the continuing medical education of both 
    general and specialty physicians who provide care for such veterans; 
    and
        ``(B) on an ongoing basis, periodically review and provide 
    recommendations regarding the research plans and research strategies 
    of the Departments relating to the health consequences of military 
    service in the Persian Gulf theater of operations during the Persian 
    Gulf War.
    ``(2) Recommendations to be provided under paragraph (1)(B) include 
any recommendations that the Academy considers appropriate for 
additional scientific studies (including studies related to treatment 
models) to resolve areas of continuing scientific uncertainty relating 
to the health consequences of any aspects of such military service. In 
making recommendations for additional studies, the Academy shall 
consider the available scientific data, the value and relevance of the 
information that could result from such studies, and the cost and 
feasibility of carrying out such studies.
    ``(3) Not later than 9 months after the Institute of Medicine 
provides the Secretaries the curriculum developed under paragraph 
(1)(A), the Secretaries shall provide for the conduct of continuing 
education programs using that curriculum. Those programs shall include 
instruction which seeks to emphasize use of appropriate protocols of 
diagnosis, referral, and treatment of such veterans.
``SEC. 707. COORDINATION OF HEALTH-RELATED GOVERNMENT ACTIVITIES ON THE 
        PERSIAN GULF WAR.
    ``(a) Designation of Coordinating Organization.--The President shall 
designate, and may redesignate from time to time, the head of an 
appropriate department or agency of the Federal Government to coordinate 
all activities undertaken or funded by the Executive Branch of the 
Federal Government on the health consequences of military service in the 
Persian Gulf theater of operations during the Persian Gulf War.
    ``(b) Public Advisory Committee.--Not later than January 1, 1999, 
the head of the department or agency designated under subsection (a) 
shall establish an advisory committee consisting of members of the 
general public, including Persian Gulf War veterans and representatives 
of such veterans, to provide advice to the head of that department or 
agency on proposed research studies, research plans, or research 
strategies relating to the health consequences of military service in 
the Southwest Asia theater of operations during the Persian Gulf War. 
The department or agency head shall consult with such advisory committee 
on a regular basis.
    ``(c) Reports.--(1) Not later than March 1 of each year, the head of 
the department or agency designated under subsection (a) shall submit to 
the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on--
        ``(A) the status and results of all such research activities 
    undertaken by the executive branch during the previous year; and
        ``(B) research priorities identified during that year.
    ``(2)(A) Not later than 120 days after submission of the 
epidemiological research study conducted by the Department of Veterans 
Affairs entitled `VA National Survey of Persian Gulf Veterans--Phase 
III', the head of the department or agency designated under subsection 
(a) shall submit to the congressional committees specified in paragraph 
(1) a report on the findings under that study and any other pertinent 
medical literature.
    ``(B) With respect to any findings of that study and any other 
pertinent medical literature which identify scientific evidence of a 
greater relative risk of illness or illnesses in family members of 
veterans who served in the Persian Gulf War theater of operations than 
in family members of veterans who did not so serve, the head of the 
department or agency designated under subsection (a) shall seek to 
ensure that appropriate research studies are designed to follow up on 
such findings.
    ``(d) Public Availability of Research Findings.--The head of the 
department or agency designated under subsection (a) shall ensure that 
the findings of all research conducted by or for the executive branch 
relating to the health consequences of military service in the Persian 
Gulf theater of operations during the Persian Gulf War (including 
information pertinent to improving provision of care for veterans of 
such service) are made available to the public through peer-reviewed 
medical journals, the World Wide Web, and other appropriate media.
    ``(e) Outreach.--The head of the department or agency designated 
under subsection (a) shall ensure that the appropriate departments 
consult and coordinate in carrying out an ongoing program to provide 
information to those who served in the Southwest Asia theater of 
operations during the Persian Gulf War relating to: (1) the health 
risks, if any, resulting from any risk factors associated with such 
service; and (2) any services or benefits available with respect to such 
health risks.
``SEC. 708. DEFINITION.
    ``For the purposes of this title, the term `Persian Gulf War' has 
the meaning given such term in section 101(33) of title 38, United 
States Code.''


                     Services for Homeless Veterans

    Pub. L. 102-405, title I, Sec. 107, Oct. 9, 1992, 106 Stat. 1976, as 
amended by Pub. L. 103-446, title X, Sec. 1002, Nov. 2, 1994, 108 Stat. 
4679, required Secretary of Veterans' Affairs and directors of each 
medical center or benefits office to assess needs of homeless veterans 
and programs which have been developed to assist homeless veterans, and 
to replicate programs which have successfully rehabilitated homeless 
veterans, prior to repeal by Pub. L. 105-114, title II, Sec. 202(c)(2), 
Nov. 21, 1997, 111 Stat. 2287.

                  Section Referred to in Other Sections

    This section is referred to in section 5701 of this title.
