Veterans' Compensation Cost-of-Living Increase and Agent Orange Act of 1991

Summary

Veterans' Compensation Cost-of-Living Increase and Agent Orange Act of 1991 - Title I: Compensation Rate Increases - Increases the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Title II: Agent Orange Exposure and Vietnam Service - States that the following diseases will be presumed to be service-connected for purposes of eligibility for veterans' disability compensation, if they become manifest to a degree of disability of ten-percent or more in a veteran who served on active duty in Vietnam during the Vietnam era: (1) non-Hodgkins lymphoma; (2) each soft-tissue sarcoma, with specified exceptions; and (3) chloracne, if it becomes manifest to such degree within one year after the last date the veteran performed active duty in Vietnam. Provides that, in the case of a Vietnam veteran exposed to certain dioxins or other herbicide agents during service in Vietnam, specified diseases listed by the Secretary of Veterans Affairs and identified as having a positive association with the biological effects of exposure to such herbicide agent shall be considered to have been incurred in or aggravated by such service, even though there is no record of such disease having occurred during such service. Presumes that Vietnam veterans having such disease were exposed to such dioxin or herbicide during their Vietnam service, unless there is affirmative evidence to the contrary. Authorizes the Secretary to extend the applicability of this section to those exposed to the same type of dioxins or herbicides outside of Vietnam while on active duty. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to a herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effect. Requires the organization to determine such association specifically with respect to lung cancer and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organizations to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding their determinations and evaluations. Requires such organization to determine, in the event of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides interim regulations and special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) are obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) are likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the Office of Technology Assessment (OTA) before compiling and analyzing such information. Requires the Director of OTA to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of OTA in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and the NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information listed in the Department of Veterans Affairs Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for physiological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 1993, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam.

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• Introduced in Senate

  summary · EN · 14 January 1991

  Open at official source

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