Agent Orange Exposure Fairness Act of 2019

Bill: 116-s-332
Sponsor: full_name: Sen. Blumenthal, Richard [D-CT]
Introduced: 2019-02-05
Policy area: Armed Forces and National Security
Subjects: Asia

Conflicts and wars

Hazardous wastes and toxic substances

Military personnel and dependents

Neurological disorders

Veterans' medical care

Vietnam
Latest action: action_date: 2020-09-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 535.

Summaries:
action_date: 2019-02-05
action_desc: Introduced in Senate
text: <p><b>Agent Orange Exposure Fairness Act of 2019</b></p> <p>This bill expands eligibility for a presumption of service-connection for veterans exposed to certain herbicide agents (e.g., Agent Orange) during military service in Vietnam. Specifically, the bill removes the manifestation period required for the presumption of service-connection for chloracne and porphyria cutanea tarda. </p> <p>Additionally, the bill provides statutory authority for a presumption of service-connection for certain cases of acute and subacute peripheral neuropathy without a manifestation period. </p> <p>Under a presumption of service-connection, specific disabilities diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.</p>

action_date: 2020-09-15
action_desc: Reported to Senate
text: <p>This bill requires the Government Accountability Office (GAO) to brief Congress and report on the efforts of the Department of Veterans Affairs (VA) to provide benefits to veterans who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975, and have specified diseases associated with exposure to certain herbicide agents (i.e., chloracne, porphyria cutanea tarda, or acute or subacute peripheral neuropathy).</p> <p>The VA must implement recommendations from the GAO report related to the adjudication of claims for benefits for veterans with the specified diseases.</p>

tv_txt: II 116th CONGRESS 1st Session S. 332 IN THE SENATE OF THE UNITED STATES February 5, 2019 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to remove the manifestation period required for the presumptions of service connection for chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents, and for other purposes.

1. Short title This Act may be cited as the Agent Orange Exposure Fairness Act of 2019 . 2. Removal of manifestation period required for presumptions of service connection for certain diseases associated with exposure to certain herbicide agents Section 1116(a)(2) of title 38, United States Code, is amended— (1) in subparagraph (C), by striking within one and all that follows through 1975 ; (2) in subparagraph (E), by striking within a and all that follows through 1975 ; and (3) by adding at the end the following new subparagraph: (I) Acute and subacute peripheral neuropathy becoming manifest to a degree of disability of 10 percent or more. .

tv_txt: II Calendar No. 535 116th CONGRESS 2d Session S. 332 IN THE SENATE OF THE UNITED STATES February 5, 2019 Mr. Blumenthal (for himself, Mr. Whitehouse , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs September 15, 2020 Reported by Mr. Moran , with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL To amend title 38, United States Code, to remove the manifestation period required for the presumptions of service connection for chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents, and for other purposes.

1. Short title This Act may be cited as the Agent Orange Exposure Fairness Act of 2019 . 2. Removal of manifestation period required for presumptions of service connection for certain diseases associated with exposure to certain herbicide agents Section 1116(a)(2) of title 38, United States Code, is amended— (1) in subparagraph (C), by striking within one and all that follows through 1975 ; (2) in subparagraph (E), by striking within a and all that follows through 1975 ; and (3) by adding at the end the following new subparagraph: (I) Acute and subacute peripheral neuropathy becoming manifest to a degree of disability of 10 percent or more. .

1. Comptroller General briefing and report on repealing manifestation period for presumptions of service connection for certain diseases associated with exposure to certain herbicide agents (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a briefing on preliminary observations of the Comptroller General, and not later than 240 days after the date of such briefing, submit to such committees a final report, on the efforts of the Secretary of Veterans Affairs to provide benefits, including compensation and health care, to veterans— (1) 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 (2) in whom chloracne, porphyria cutanea tarda, or acute or subacute peripheral neuropathy have manifested. (b) Elements The report required by subsection (a) shall include the following: (1) A description of how the Secretary establishes a service connection for a diseases described in paragraph (2) of subsection (a) manifesting in veterans, including the number of veterans described in paragraph (1) of such subsection who have filed a claim for a benefit associated with a disease described in paragraph (2) of such subsection. (2) A description of how claims adjudicators of the Department of Veterans Affairs determine service connection for a disease described in subparagraph (C) or (E) of section 1116(a)(2) of title 38, United States Code, when documentation proving the presence of the disease during the manifestation period set forth in such subparagraphs for the disease is not available. (3) A description of the expected effect of repealing the manifestation period from such subparagraphs, including the expected effect on the number of claims for benefits the Department will receive. (4) A review of all claims submitted to the Secretary for compensation under chapter 11 of such title that are associated with a disease described in subsection (a)(2), including the type of proof presented to establish a service connection for the manifestation of the disease based on exposure to a herbicide agent. (5) Recommendations on how the Department can better adjudicate claims for benefits, including compensation, submitted to the Department that are associated with a disease described in paragraph (2) of subsection (a) for veterans described in paragraph (1) of such subsection. (6) An assessment of such other areas as the Comptroller General considers appropriate to study. (c) Administrative action Not later than 60 days after the date on which the Comptroller General of the United States submits the report required under subsection (a), the Secretary shall commence carrying out the recommendations submitted under subsection (b)(5). (d) Herbicide agent defined In this section, the term herbicide agent has the meaning given such term in section 1116(a)(3) of title 38, United States Code.

Amend the title so as to read: A bill to require the Comptroller General of the United States to submit to Congress a report on repealing the manifestation periods for presumptions of service connection for chloracne and porphyria cutanea tarda associated with exposure to certain herbicide agents, and for other purposes. .

September 15, 2020 Reported with an amendment and an amendment to the title