-CITE-
38 USC Sec. 1116 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II - WARTIME DISABILITY COMPENSATION
-HEAD-
Sec. 1116. Presumptions of service connection for diseases
associated with exposure to certain herbicide agents; presumption
of exposure for veterans who served in the Republic of Vietnam
-STATUTE-
(a)(1) For the purposes of section 1110 of this title, and
subject to section 1113 of this title -
(A) a disease specified in paragraph (2) of this subsection
becoming manifest as specified in that paragraph in a veteran
who, during active military, naval, or air service, served in the
Republic of Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975; and
(B) each additional disease (if any) that (i) the Secretary
determines in regulations prescribed under this section warrants
a presumption of service-connection by reason of having positive
association with exposure to an herbicide agent, and (ii) becomes
manifest within the period (if any) prescribed in such
regulations in a veteran who, during active military, naval, or
air service, served in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975, and
while so serving was exposed to that herbicide agent,
shall be considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of evidence of
such disease during the period of such service.
(2) The diseases referred to in paragraph (1)(A) of this
subsection are the following:
(A) Non-Hodgkin's lymphoma becoming manifest to a degree of
disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of
disability of 10 percent or more other than osteosarcoma,
chondrosarcoma, Kaposi's sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with
chloracne becoming manifest to a degree of disability of 10
percent or more within one year after the last date on which the
veteran performed active military, naval, or air service in the
Republic of Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975.
(D) Hodgkin's disease becoming manifest to a degree of
disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming manifest to a degree of
disability of 10 percent or more within a year after the last
date on which the veteran performed active military, naval, or
air service in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975.
(F) Respiratory cancers (cancer of the lung, bronchus, larynx,
or trachea) becoming manifest to a degree of disability of 10
percent or more.
(G) Multiple myeloma becoming manifest to a degree of
disability of 10 percent or more.
(H) Diabetes Mellitus (Type 2).
(3) For purposes of this section, the term "herbicide agent"
means a chemical in an herbicide used in support of the United
States and allied military operations in the Republic of Vietnam
during the period beginning on January 9, 1962, and ending on May
7, 1975.
(b)(1) Whenever the Secretary determines, on the basis of sound
medical and scientific evidence, that a positive association exists
between (A) the exposure of humans to an herbicide agent, and (B)
the occurrence of a disease in humans, the Secretary shall
prescribe regulations providing that a presumption of service
connection is warranted for that disease for the purposes of this
section.
(2) In making determinations for the purpose of this subsection,
the Secretary shall take into account (A) reports received by the
Secretary from the National Academy of Sciences under section 3 of
the Agent Orange Act of 1991, and (B) all other sound medical and
scientific information and analyses available to the Secretary. In
evaluating any study for the purpose of making such determinations,
the Secretary shall take into consideration whether the results are
statistically significant, are capable of replication, and
withstand peer review.
(3) An association between the occurrence of a disease in humans
and exposure to an herbicide agent shall be considered to be
positive for the purposes of this section if the credible evidence
for the association is equal to or outweighs the credible evidence
against the association.
(c)(1)(A) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences
under section 3 of the Agent Orange Act of 1991, the Secretary
shall determine whether a presumption of service connection is
warranted for each disease covered by the report. If the Secretary
determines that such a presumption is warranted, the Secretary, not
later than 60 days after making the determination, shall issue
proposed regulations setting forth the Secretary's determination.
(B) If the Secretary determines that a presumption of service
connection is not warranted, the Secretary, not later than 60 days
after making the determination, shall publish in the Federal
Register a notice of that determination. The notice shall include
an explanation of the scientific basis for that determination. If
the disease already is included in regulations providing for a
presumption of service connection, the Secretary, not later than 60
days after publication of the notice of a determination that the
presumption is not warranted, shall issue proposed regulations
removing the presumption for the disease.
(2) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the
Secretary shall issue final regulations. Such regulations shall be
effective on the date of issuance.
(d) Whenever a disease is removed from regulations prescribed
under this section -
(1) a veteran who was awarded compensation for such disease on
the basis of the presumption provided in subsection (a) before
the effective date of the removal shall continue to be entitled
to receive compensation on that basis; and
(2) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
such disease on the basis of such presumption shall continue to
be entitled to receive dependency and indemnity compensation on
such basis.
(e) Subsections (b) through (d) shall cease to be effective on
September 30, 2015.
(f) For purposes of establishing service connection for a
disability or death resulting from exposure to a herbicide agent,
including a presumption of service-connection under this section, a
veteran who, during active military, naval, or air service, served
in the Republic of Vietnam during the period beginning on January
9, 1962, and ending on May 7, 1975, shall be presumed to have been
exposed during such service to an herbicide agent containing dioxin
or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been
exposed during such service to any other chemical compound in an
herbicide agent, unless there is affirmative evidence to establish
that the veteran was not exposed to any such agent during that
service.
-SOURCE-
(Added Pub. L. 102-4, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11,
Sec. 316; renumbered Sec. 1116 and amended Pub. L. 102-83, Sec.
5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title
V, Sec. 505, title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat.
4664, 4685; Pub. L. 104-275, title V, Sec. 505(b), Oct. 9, 1996,
110 Stat. 3342; Pub. L. 106-419, title IV, Sec. 404(a)(1), Nov. 1,
2000, 114 Stat. 1864; Pub. L. 107-103, title II, Sec. 201(a)(1)(A),
(b)-(c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987, 988.)
-REFTEXT-
REFERENCES IN TEXT
Section 3 of the Agent Orange Act of 1991, referred to in
subsecs. (b)(2) and (c)(1)(A), is section 3 of Pub. L. 102-4, which
is set out below.
-MISC1-
AMENDMENTS
2001 - Pub. L. 107-103, Sec. 201(c)(2)(A), amended section
catchline generally. Prior to amendment, catchline read as follows:
"Presumptions of service connection for diseases associated with
exposure to certain herbicide agents".
Subsec. (a)(2)(F). Pub. L. 107-103, Sec. 201(a)(1)(A), struck out
"within 30 years after the last date on which the veteran performed
active military, naval, or air service in the Republic of Vietnam
during the period beginning on January 9, 1962, and ending on May
7, 1975" before period at end.
Subsec. (a)(2)(H). Pub. L. 107-103, Sec. 201(b), added subpar.
(H).
Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 201(c)(1)(B),
redesignated par. (4) as (3). Former par. (3) redesignated as
subsec. (f).
Subsec. (e). Pub. L. 107-103, Sec. 201(d)(1), substituted "on
September 30, 2015" for "10 years after the first day of the fiscal
year in which the National Academy of Sciences transmits to the
Secretary the first report under section 3 of the Agent Orange Act
of 1991".
Subsec. (f). Pub. L. 107-103, Sec. 201(c)(1)(A), (C),
redesignated subsec. (a)(3) as (f), substituted "For purposes of
establishing service connection for a disability or death resulting
from exposure to a herbicide agent, including a presumption of
service-connection under this section, a veteran" for "For the
purposes of this subsection, a veteran", and struck out "and has a
disease referred to in paragraph (1)(B) of this subsection" after
"May 7, 1975,".
2000 - Subsec. (a)(2)(F). Pub. L. 106-419 inserted "of
disability" after "to a degree".
1996 - Subsec. (a)(1)(A). Pub. L. 104-275, Sec. 505(b)(2),
substituted "during the period beginning on January 9, 1962, and
ending on May 7, 1975" for "during the Vietnam era".
Subsec. (a)(1)(B). Pub. L. 104-275, Sec. 505(b)(1), substituted
"during the period beginning on January 9, 1962, and ending on May
7, 1975," for "during the Vietnam era".
Subsec. (a)(2)(C), (E), (F). Pub. L. 104-275, Sec. 505(b)(2),
substituted "during the period beginning on January 9, 1962, and
ending on May 7, 1975" for "during the Vietnam era".
Subsec. (a)(3). Pub. L. 104-275, Sec. 505(b)(1), substituted
"during the period beginning on January 9, 1962, and ending on May
7, 1975," for "during the Vietnam era".
Subsec. (a)(4). Pub. L. 104-275, Sec. 505(b)(2), substituted
"during the period beginning on January 9, 1962, and ending on May
7, 1975" for "during the Vietnam era".
1994 - Subsec. (a)(1)(B). Pub. L. 103-446, Sec. 1201(e)(6),
substituted "(i)" for "(1)" and "(ii)" for "(2)".
Subsec. (a)(2)(D) to (G). Pub. L. 103-446, Sec. 505, added
subpars. (D) to (G).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 316 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110"
for "310" and "1113" for "313" in introductory provisions.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-103, title II, Sec. 201(a)(1)(B), Dec. 27, 2001, 115
Stat. 987, provided that: "The amendment made by subparagraph (A)
[amending this section] shall take effect January 1, 2002."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-275 effective Jan. 1, 1997, with no
benefit to be paid or provided by reason of such amendment for any
period before such date, see section 505(d) of Pub. L. 104-275, set
out as a note under section 101 of this title.
REPORT ON TIME LIMIT FOR PRESUMPTION OF CANCER CAUSED BY HERBICIDE
AGENT
Pub. L. 107-103, title II, Sec. 201(a)(2)-(4), Dec. 27, 2001, 115
Stat. 987, provided that:
"(2) The Secretary of Veterans Affairs shall enter into a
contract with the National Academy of Sciences, not later than six
months after the date of the enactment of this Act [Dec. 27, 2001],
for the performance of a study to include a review of all available
scientific literature on the effects of exposure to an herbicide
agent containing dioxin on the development of respiratory cancers
in humans and whether it is possible to identify a period of time
after exposure to herbicides after which a presumption of
service-connection for such exposure would not be warranted. Under
the contract, the National Academy of Sciences shall submit a
report to the Secretary setting forth its conclusions. The report
shall be submitted not later than 18 months after the contract is
entered into.
"(3) For a period of six months beginning on the date of the
receipt of the report of the National Academy of Sciences under
paragraph (2), the Secretary may, if warranted by clear scientific
evidence presented in the National Academy of Sciences report,
initiate a rulemaking under which the Secretary would specify a
limit on the number of years after a claimant's departure from
Vietnam after which respiratory cancers would not be presumed to
have been associated with the claimant's exposure to herbicides
while serving in Vietnam. Any such limit under such a rule may not
take effect until 120 days have passed after the publication of a
final rule to impose such a limit.
"(4)(A) Subject to subparagraphs (B) and (C), if the Secretary
imposes such a limit under paragraph (3), that limit shall be
effective only as to claims filed on or after the effective date of
that limit.
"(B) In the case of any veteran whose disability or death due to
respiratory cancer is found by the Secretary to be
service-connected under section 1116(a)(2)(F) of title 38, United
States Code, as amended by paragraph (1), such disability or death
shall remain service-connected for purposes of all provisions of
law under such title notwithstanding the imposition, if any, of a
time limit by the Secretary by rulemaking authorized under
paragraph (3).
"(C) Subaragraph [sic] (B) does not apply in a case in which -
"(i) the original award of compensation or service connection
was based on fraud; or
"(ii) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge."
AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES
Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.
503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107-103,
title II, Sec. 201(d)(2), Dec. 27, 2001, 115 Stat. 988, provided
that:
"(a) Purpose. - The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise which is not part of the
Federal Government, to review and evaluate the available scientific
evidence regarding associations between diseases and exposure to
dioxin and other chemical compounds in herbicides.
"(b) Agreement. - The Secretary shall seek to enter into an
agreement with the National Academy of Sciences for the Academy to
perform the services covered by this section. The Secretary shall
seek to enter into such agreement not later than two months after
the date of the enactment of the Veterans' Benefits Programs
Improvement Act of 1991 [Aug. 14, 1991].
"(c) Review of Scientific Evidence. - Under an agreement between
the Secretary and the National Academy of Sciences under this
section, the Academy shall review and summarize the scientific
evidence, and assess the strength thereof, concerning the
association between exposure to an herbicide used in support of the
United States and allied military operations in the Republic of
Vietnam during the Vietnam era and each disease suspected to be
associated with such exposure.
"(d) Scientific Determinations Concerning Diseases. - (1) For
each disease reviewed, the Academy shall determine (to the extent
that available scientific data permit meaningful determinations) -
"(A) whether a statistical association with herbicide exposure
exists, taking into account the strength of the scientific
evidence and the appropriateness of the statistical and
epidemiological methods used to detect the association;
"(B) the increased risk of the disease among those exposed to
herbicides during service in the Republic of Vietnam during the
Vietnam era; and
"(C) whether there exists a plausible biological mechanism or
other evidence of a causal relationship between herbicide
exposure and the disease.
"(2) The Academy shall include in its reports under subsection
(g) a full discussion of the scientific evidence and reasoning that
led to its conclusions under this subsection.
"(e) Recommendations for Additional Scientific Studies. - The
Academy shall make any recommendations it has for additional
scientific studies to resolve areas of continuing scientific
uncertainty relating to herbicide exposure. In making
recommendations for further study, the Academy shall consider the
scientific information that is currently available, the value and
relevance of the information that could result from additional
studies, and the cost and feasibility of carrying out such
additional studies.
"(f) Subsequent Reviews. - An agreement under subsection (b)
shall require the National Academy of Sciences -
"(1) to conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (c) that became available
since the last review of such evidence under this section; and
"(2) to make its determinations and estimates on the basis of
the results of such review and all other reviews conducted for
the purposes of this section.
"(g) Reports. - (1) The agreement between the Secretary and the
National Academy of Sciences shall require the Academy to transmit
to the Secretary and the Committees on Veterans' Affairs of the
Senate and House of Representatives periodic written reports
regarding the Academy's activities under the agreement. Such
reports shall be submitted at least once every two years (as
measured from the date of the first report).
"(2) The first report under this subsection shall be transmitted
not later than the end of the 18-month period beginning on the date
of the enactment of this Act [Feb. 6, 1991]. That report shall
include (A) the determinations and discussion referred to in
subsection (d), (B) any recommendations of the Academy under
subsection (e), and (C) the recommendation of the Academy as to
whether the provisions of each of sections 6 through 9 [set out
below] should be implemented by the Secretary. In making its
recommendation with respect to each such section, the Academy shall
consider the scientific information that is currently available,
the value and relevance of the information that could result from
implementing that section, and the cost and feasibility of
implementing that section. If the Academy recommends that the
provisions of section 6 should be implemented, the Academy shall
also recommend the means by which clinical data referred to in that
section could be maintained in the most scientifically useful way.
"(h) Limitation on Authority. - The authority to enter into
agreements under this section shall be effective for a fiscal year
to the extent that appropriations are available.
"(i) Sunset. - This section shall cease to be effective on
October 1, 2014.
"(j) Alternative Contract Scientific Organization. - If the
Secretary is unable within the time period prescribed in subsection
(b) to enter into an agreement with the National Academy of
Sciences for the purposes of this section on terms acceptable to
the Secretary, the Secretary shall seek to enter into an agreement
for the purposes of this section with another appropriate
scientific organization that is not part of the Government and
operates as a not-for-profit entity and that has expertise and
objectivity comparable to that of the National Academy of Sciences.
If the Secretary enters into such an agreement with another
organization, then any reference in this section and in section
1116 [formerly 316] of title 38, United States Code (as added by
section 2), to the National Academy of Sciences shall be treated as
a reference to the other organization.
"(k) Liability Insurance. - (1) The Secretary may provide
liability insurance for the National Academy of Sciences or any
other contract scientific organization to cover any claim for money
damages for injury, loss of property, personal injury, or death
caused by any negligent or wrongful act or omission of any person
referred to in paragraph (2) in carrying out any of the following
responsibilities of the Academy or such other organization, as the
case may be, under an agreement entered into with the Secretary
pursuant to this section:
"(A) The review, summarization, and assessment of scientific
evidence referred to in subsection (c).
"(B) The making of any determination, on the basis of such
review and assessment, regarding the matters set out in clauses
(A) through (C) of subsection (d)(1), and the preparation of the
discussion referred to in subsection (d)(2).
"(C) The making of any recommendation for additional scientific
study under subsection (e).
"(D) The conduct of any subsequent review referred to in
subsection (f) and the making of any determination or estimate
referred to in such subsection.
"(E) The preparation of the reports referred to in subsection
(g).
"(2) A person referred to in paragraph (1) is -
"(A) an employee of the National Academy of Sciences or other
contract scientific organization referred to in paragraph (1); or
"(B) any individual appointed by the President of the Academy
or the head of such other contract scientific organization, as
the case may be, to carry out any of the responsibilities
referred to in such paragraph.
"(3) The cost of the liability insurance referred to in paragraph
(1) shall be made from funds available to carry out this section.
"(4) The Secretary shall reimburse the Academy or person referred
to in paragraph (2) for the cost of any judgments (if any) and
reasonable attorney's fees and incidental expenses, not compensated
by the liability insurance referred to in paragraph (1) or by any
other insurance maintained by the Academy, incurred by the Academy
or person referred to in paragraph (2), in connection with any
legal or administrative proceedings arising out of or in connection
with the work to be performed under the agreement referred to in
paragraph (1). Reimbursement of the cost of such judgments,
attorney's fees, and incidental expenses shall be paid from funds
appropriated for such reimbursement or appropriated to carry out
this section, but in no event shall any such reimbursement be made
from funds authorized pursuant to section 1304 of title 31, United
States Code."
RESULTS OF EXAMINATIONS AND TREATMENT OF VETERANS FOR DISABILITIES
RELATED TO EXPOSURE TO CERTAIN HERBICIDES OR TO SERVICE IN VIETNAM
Section 6 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
"(a) In General. - Subject to subsections (d) and (e), the
Secretary of Veterans Affairs shall compile and analyze, on a
continuing basis, all clinical data that (1) is obtained by the
Department of Veterans Affairs in connection with examinations and
treatment furnished to veterans by the Department after November 3,
1981, by reason of eligibility provided in section 1710(e)(1)(A) of
title 38, United States Code, and (2) is likely to be
scientifically useful in determining the association, if any,
between the disabilities of veterans referred to in such section
and exposure to dioxin or any other toxic substance referred to in
such section or between such disabilities and active military,
naval, or air service in the Republic of Vietnam during the Vietnam
era.
"(b) Annual Report. - The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives an annual report containing -
"(1) the information compiled in accordance with subsection
(a);
"(2) the Secretary's analysis of such information;
"(3) a discussion of the types and incidences of disabilities
identified by the Department of Veterans Affairs in the case of
veterans referred to in subsection (a);
"(4) the Secretary's explanation for the incidence of such
disabilities;
"(5) other explanations for the incidence of such disabilities
considered reasonable by the Secretary; and
"(6) the Secretary's views on the scientific validity of
drawing conclusions from the incidence of such disabilities, as
evidenced by the data compiled under subsection (a), about any
association between such disabilities and exposure to dioxin or
any other toxic substance referred to in section 1710(e)(1)(A) of
title 38, United States Code, or between such disabilities and
active military, naval, or air service, in the Republic of
Vietnam during the Vietnam era.
"(c) First Report. - The first report under subsection (b) shall
be submitted not later than one year after the effective date of
this section [see subsec. (e) of this section].
"(d) Funding. - The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in
the amount specifically provided in statutory language in
appropriations Acts.
"(e) Effective Date. - (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first
report of the National Academy of Sciences under section 3(g) [set
out above] is received by the Secretary, except that this section
shall not take effect if the Secretary, after receiving that report
and before the end of that 90-day period -
"(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would
not make a material contribution to the body of scientific
knowledge concerning the health effects in humans of herbicide
exposure; and
"(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
"(2) In making a determination under this subsection, the
Secretary shall give great weight to the views and recommendations
of the Academy expressed in that report with respect to the
implementation of this section."
TISSUE ARCHIVING SYSTEM
Section 7 of Pub. L. 102-4 provided that:
"(a) Establishment of System. - Subject to subsections (e) and
(f), for the purpose of facilitating future scientific research on
the effects of exposure of veterans to dioxin and other toxic
agents in herbicides used in support of United States and allied
military operations in the Republic of Vietnam during the Vietnam
era, the Secretary of Veterans Affairs shall establish and maintain
a system for the collection and storage of voluntarily contributed
samples of blood and tissue of veterans who performed active
military, naval, or air service in the Republic of Vietnam during
the Vietnam era.
"(b) Security of Specimens. - The Secretary shall ensure that the
tissue is collected and stored under physically secure conditions
and that the tissue is maintained in a condition that is useful for
research referred to in subsection (a).
"(c) Authorized Use of Specimens. - The Secretary may make blood
and tissue available from the system for research referred to in
subsection (a). The Secretary shall carry out this section in a
manner consistent with the privacy rights and interests of the
blood and tissue donors.
"(d) Limitations on Acceptance of Samples. - The Secretary may
prescribe such limitations on the acceptance and storage of blood
and tissue samples as the Secretary considers appropriate
consistent with the purpose specified in subsection (a).
"(e) Funding. - The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in
the amount specifically provided in statutory language in
appropriations Acts.
"(f) Effective Date. - (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first
report of the National Academy of Sciences under section 3(g) [set
out above] is received by the Secretary, except that this section
shall not take effect if the Secretary, after receiving that report
and before the end of that 90-day period -
"(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would
not make a material contribution to the body of scientific
knowledge concerning the health effects in humans of herbicide
exposure; and
"(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
"(2) In making a determination under this subsection, the
Secretary shall give great weight to the views and recommendations
of the Academy expressed in that report with respect to the
implementation of this section."
SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM
Section 8 of Pub. L. 102-4 provided that:
"(a) Establishment of Program. - Subject to subsections (e) and
(f), the Secretary of Veterans Affairs shall establish a program to
provide for the conduct of studies of the feasibility of conducting
additional scientific research on -
"(1) health hazards resulting from exposure to dioxin;
"(2) health hazards resulting from exposure to other toxic
agents in herbicides used in support of United States and allied
military operations in the Republic of Vietnam during the Vietnam
era; and
"(3) health hazards resulting from active military, naval, or
air service in the Republic of Vietnam during the Vietnam era.
"(b) Program Requirements. - (1) Under the program established
pursuant to subsection (a), the Secretary shall, pursuant to
criteria prescribed pursuant to paragraph (2), award contracts or
furnish financial assistance to non-Government entities for the
conduct of studies referred to in subsection (a).
"(2) The Secretary shall prescribe criteria for (A) the selection
of entities to be awarded contracts or to receive financial
assistance under the program, and (B) the approval of studies to be
conducted under such contracts or with such financial assistance.
"(c) Report. - The Secretary shall promptly report the results of
studies conducted under the program to the Committees on Veterans'
Affairs of the Senate and the House of Representatives.
"(d) Consultation With the National Academy of Sciences. - (1) To
the extent provided under any agreement entered into by the
Secretary and the National Academy of Sciences under this Act [Pub.
L. 102-4, see Short Title of 1991 Amendments note under section 101
of this title] -
"(A) the Secretary shall consult with the Academy regarding the
establishment and administration of the program under subsection
(a); and
"(B) the Academy shall review the studies conducted under
contracts awarded pursuant to the program and the studies
conducted with financial assistance furnished pursuant to the
program.
"(2) The agreement shall require the Academy to submit to the
Secretary and the Committees on Veterans' Affairs of the Senate and
the House of Representatives any recommendations that the Academy
considers appropriate regarding any studies reviewed under the
agreement.
"(e) Funding. - The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in
the amount specifically provided in statutory language in
appropriations Acts.
"(f) Effective Date. - (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first
report of the National Academy of Sciences under section 3(g) [set
out above] is received by the Secretary, except that this section
shall not take effect if the Secretary, after receiving that report
and before the end of that 90-day period -
"(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would
not make a material contribution to the body of scientific
knowledge concerning the health effects in humans of herbicide
exposure; and
"(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
"(2) In making a determination under this subsection, the
Secretary shall give great weight to the views and recommendations
of the Academy expressed in that report with respect to the
implementation of this section."
BLOOD TESTING OF CERTAIN VIETNAM-ERA VETERANS
Section 9 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
"(a) Blood Testing. - Subject to subsections (d) and (e), in the
case of a veteran described in section 1710(e)(1)(A) of title 38,
United States Code, who -
"(1) has applied for medical care from the Department of
Veterans Affairs; or
"(2) has filed a claim for, or is in receipt of disability
compensation under chapter 11 of title 38, United States Code,
the Secretary of Veterans Affairs shall, upon the veteran's
request, obtain a sufficient amount of blood serum from the veteran
to enable the Secretary to conduct a test of the serum to ascertain
the level of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may
be present in the veteran's body.
"(b) Notification of Test Results. - Upon completion of such
test, the Secretary shall notify the veteran of the test results
and provide the veteran a complete explanation as to what, if
anything, the results of the test indicate regarding the likelihood
of the veteran's exposure to TCDD while serving in the Republic of
Vietnam.
"(c) Incorporation in System. - The Secretary shall maintain the
veteran's blood sample and the results of the test as part of the
system required by section 7 [set out above].
"(d) Funding. - The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in
the amount specifically provided in statutory language in
appropriations Acts, but such amount shall not exceed $4,000,000 in
any fiscal year.
"(e) Effective Date. - (1) This section shall take effect at the
end of the 90-day period beginning on the date on which the first
report of the National Academy of Sciences under section 3(g) [set
out above] is received by the Secretary, except that this section
shall not take effect if the Secretary, after receiving that report
and before the end of that 90-day period -
"(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would
not make a material contribution to the body of scientific
knowledge concerning the health effects in humans of herbicide
exposure; and
"(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
"(2) In making a determination under this subsection, the
Secretary shall give great weight to the views and recommendations
of the Academy expressed in that report with respect to the
implementation of this section."
STUDY OF EFFECT OF VIETNAM EXPERIENCE ON HEALTH STATUS OF WOMEN
VIETNAM VETERANS
Pub. L. 99-272, title XIX, Sec. 19031, Apr. 7, 1986, 100 Stat.
385, provided that:
"(a) Requirement for Epidemiological Study. - (1)(A) Except as
provided in paragraph (2), the Administrator of Veterans' Affairs
shall provide for the conduct of an epidemiological study of any
long-term adverse health effects (particularly gender-specific
health effects) which have been experienced by women who served in
the Armed Forces of the United States in the Republic of Vietnam
during the Vietnam era and which may have resulted from traumatic
experiences during such service, from exposure during such service
to phenoxy herbicides (including the herbicide known as Agent
Orange), to other herbicides, chemicals, or medications that may
have deleterious health effects, or to environmental hazards, or
from any other experience or exposure during such service.
"(B) The Administrator may include in the study conducted under
this paragraph an evaluation of the means of detecting and treating
long-term adverse health effects (particularly gender-specific
health effects) found through the study.
"(2)(A) If the Administrator, in consultation with the Director
of the Office of Technology Assessment, determines that it is not
feasible to conduct a scientifically valid study of an aspect of
the matters described in paragraph (1) -
"(i) the Administrator shall promptly submit to the appropriate
committees of the Congress a notice of that determination and the
reasons for the determination; and
"(ii) the Director, not later than 60 days after the date on
which such notice is submitted to the committees, shall submit to
such committees a report evaluating and commenting on such
determination.
"(B) The Administrator is not required to study any aspect of the
matters described in paragraph (1) with respect to which a
determination is made and a notice is submitted pursuant to
subparagraph (A)(i).
"(C) If the Administrator submits to the Congress notice of a
determination made pursuant to subparagraph (A) that it is not
scientifically feasible to conduct the study described in paragraph
(1)(A), this section (effective as of the date of such notice)
shall cease to have effect as if repealed by law.
"(3) The Administrator shall provide for the study to be
conducted through contracts or other agreements with private or
public agencies or persons.
"(b) Approval of Protocol. - (1) The study required by subsection
(a) shall be conducted in accordance with a protocol approved by
the Director of the Office of Technology Assessment.
"(2) Not later than July 1, 1986, the Administrator shall publish
a request for proposals for the design of the protocol to be used
in conducting the study under this section.
"(3) In considering any proposed protocol for use or approval
under this subsection, the Administrator and the Director shall
take into consideration -
"(A) the protocol approved under section 307(a)(2)(A)(i) of the
Veterans Health Programs Extension and Improvement Act of 1979
(Public Law 96-151; 38 U.S.C. 219 note [1116 note]); and
"(B) the experience under the study being conducted pursuant to
that protocol.
"(c) OTA Reports. - (1) Concurrent with the approval or
disapproval of any protocol under subsection (b)(1), the Director
shall submit to the appropriate committees of the Congress a report
-
"(A) explaining the reasons for the Director's approval or
disapproval of the protocol, as the case may be; and
"(B) containing the Director's conclusions regarding the
scientific validity and objectivity of the protocol.
"(2) If the Director has not approved a protocol under subsection
(b)(1) by the last day of the 180-day period beginning on the date
of the enactment of this Act [Apr. 7, 1986], the Director -
"(A) shall, on such day, submit to the appropriate committees
of the Congress a report describing the reasons why the Director
has not approved such a protocol; and
"(B) shall, each 60 days thereafter until such a protocol is
approved, submit to such committees an updated report on the
report required by clause (A).
"(d) OTA Monitoring of Compliance. - (1) In order to ensure
compliance with the protocol approved under subsection (b)(1), the
Director shall monitor the conduct of the study under subsection
(a).
"(2)(A) The Director shall submit to the appropriate committees
of the Congress, at each of the times specified in subparagraph
(B), a report on the Director's monitoring of the conduct of the
study pursuant to paragraph (1).
"(B) A report shall be submitted under subparagraph (A) -
"(i) before the end of the 6-month period beginning on the date
on which the Director approves the protocol referred to in
paragraph (1);
"(ii) before the end of the 12-month period beginning on such
date; and
"(iii) annually thereafter until the study is completed or
terminated.
"(e) Duration of Study. - The study conducted pursuant to
subsection (a) shall be continued for as long after the date on
which the first report is submitted under subsection (f)(1) as the
Administrator determines that there is a reasonable possibility of
developing, through such study, significant new information on the
health effects described in subsection (a)(1).
"(f) Reports. - (1) Not later than 24 months after the date of
the approval of the protocol pursuant to subsection (b)(1) and
annually thereafter, the Administrator shall submit to the
appropriate committees of the Congress a report containing -
"(A) a description of the results obtained, before the date of
such report, under the study conducted pursuant to subsection
(a); and
"(B) any administrative actions or recommended legislation, or
both, and any additional comments which the Administrator
considers appropriate in light of such results.
"(2) Not later than 90 days after the date on which each report
required by paragraph (1) is submitted, the Administrator shall
publish in the Federal Register, for public review and comment, a
description of any action that the Administrator plans or proposes
to take with respect to programs administered by the Veterans'
Administration based on -
"(A) the results described in such report;
"(B) the comments and recommendations received on that report;
and
"(C) any other available pertinent information.
Each such description shall include a justification or rationale
for the planned or proposed action.
"(g) Definitions. - For the purposes of this section:
"(1) The term 'gender-specific health effects' includes -
"(A) effects on female reproductive capacity and reproductive
organs;
"(B) effects on reproductive outcomes;
"(C) effects on female-specific organs and tissues; and
"(D) other effects unique to the physiology of females.
"(2) The term 'Vietnam era' has the meaning given such term in
section 101(29) of title 38, United States Code."
AGENT ORANGE STUDY; REPORT TO CONGRESSIONAL COMMITTEES
Pub. L. 96-151, title III, Sec. 307, Dec. 20, 1979, 93 Stat.
1097, as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3,
1981, 95 Stat. 1061; Pub. L. 98-542, Sec. 8(a), Oct. 24, 1984, 98
Stat. 2731, directed that a protocol be designed for an
epidemiological study of the long-term health effects of Agent
Orange on Armed Forces personnel who served in Vietnam, and that
reports be submitted to Congress describing results with comments
and recommendations.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1103, 1113 of this title.
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