Agent Orange Act of 1991
PL 102-4 (H.R.556), enacted 02/06/1991

PUBLIC LAW 102-4—FEB. 6, 1991 
105 STAT. 11 
Public Law 102-4 
- 
. . 
102d Congress 
' -
A n Act 
r ' Hit. 
y-
To provide for the Secretary of Veterans Affairs to obtain independent scientific 
review of the available scientific evidence regarding associations between diseases 
Feb. 6, 1991 
and exposure to dioxin and other chemical compounds in herbicides, £ind for other 
[H.R. 556] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Agent Orange 
' 
* 
Act of 1991. 
SECTION 1. SHORT TITLE. 
38 USC 101 note. 
This Act may be cited as the "Agent Orange Act of 1991". 
SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR DISEASES ASSOCI-
ATED WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS. 
(a) IN GENERAL.—(1) Chapter 11 of title 38, United States Code, is 
. _-,. ^- ^ 
amended by adding at the end of subchapter II the following new 
section: 
'*§ 316. Presumptions of service connection for diseases associated 
with exposure to certain herbicide agents 
"(aXl) For the purposes of section 310 of this title, and subject to 
section 313 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 Vietnam era; and 
(B) each additional disease (if any) that (1) the Secretary 
determines in regulations prescribed under this section war-
rants a presumption of service-connection by reason of having 
positive association with exposure to an herbicide agent, and (2) 
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 Viet-
nam era 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 (IXA) of this subsection 
are the following: 
"(A) Non-Hodgkin's l3rmphoma becoming manifest to a degree 
of disability of 10 percent or more. 
^j,, 
"(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 vnth 
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 Vietnam era. 
105 STAT. 12 
PUBLIC LAW 102-4—FEB. 6, 1991 
Regulations. 
R^ulations. 
Federal 
Roister, 
publication. 
Regulations. 
Regulations. 
Effective date. 
"(3) For the purposes of this subsection, a veteran who, during 
active military, naval, or air service, served in the Republic of 
Vietnam during the Vietnam era and has a disease referred to in 
paragraph (IXB) of this subsection 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 sei>vice to any other chemical compound 
in an herbicide agent, unless there is affirmative evidence to estab-
lish that the veteran was not exposed to any such agent during that 
service. 
"(4) 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 
Vietnam era. 
"(bXD 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 determina-
tions, the Secretary shall take into consideration whether the re-
sults 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 shedl 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 sigainst the 
association. 
"(cXlXA) 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 war-
ranted 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 Reg-
ister 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 presump-
tion 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 sifter 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. 
PUBLIC LAW 102-4—FEB. 6, 1991 
105 STAT. 13 
"(d) Whenever a disease is removed from regulations prescribed 
under this section— 
"(1) a veteran who was awarded compensation for such dis-
ease 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 con-
tinue to be entitled to receive dependency and indemnity com-
pensation on such basis. 
"(e) Subsections (b) through (d) shall cease to be effective 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.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 315 the 
following new item: 
"316. Presumptions of service connection for diseases associated with exposure to 
certain herbicide agents.". 
(b) CONFORMING AMENDMENT.—Section 313 of title 38, United 
States Code, is amended by inserting "or 316" after "section 312" 
each place it appears. 
SEC. 3. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES. 
(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 evEiluate 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 agree-
ment with the Nationgil 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 this Act. 
(c) REVIEW OF SCIENTIFIC EVIDENCE.—Under an agreement be-
tween 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 eissociation 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 incregised 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 expo-
sure and the disease. 
Termination 
date. 
38 u s e 316 note. 
105 STAT. 14 
PUBLIC LAW 102-4—FEB. 6, 1991 
(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 informa-
tion that could result from additional studies, and the cost and 
feasibility of carr3dng 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 trans-
mit to the Secretary and the Clommittees on Veterans' Affairs of the 
Senate and House of Representatives periodic written reports 
regarding the Academy's activities under the agreement. Such re-
ports 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. That report shall include (A) the deter-
minations 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 should be implemented by the Sec-
retary. 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 rec-
ommends 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 agree-
ments 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 10 years after 
the last day of the fiscal year in which the National Academy of 
Sciences transmits to the l^ecretary the first report under subsection 
(g). 
0') ALTERNATIVE CONTRACT SCIENTIFIC ORGANIZATION.—If the Sec-
retary 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 
PUBLIC LAW 102-4—FEB. 6, 1991 
105 STAT. 15 
National Academy of Sciences. If the Secretary enters into such an 
agreement with another organization, then any reference in this 
section and in section 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. 
SEC. 4. OUTREACH SERVICES. 
Section 1204(a) of the Veterans' Benefits Improvement Act of 1988 
(division B of Public Law 100-687; 102 Stat. 4125) is amended— 
38 USC 241 note. 
(1) in clause (1), by striking out ", as such information on 
health risks becomes known"; 
(2) by redesignating clauses (1) and (2) as clauses (A) and (B), 
resDectivelv* 
(3) by inserting "(1)" after "PROGRAM.—"; and 
(4) by adding at the end the following new paragraph: 
"(2) The Secretary of Veterans Affairs shall annually furnish 
updated information on health risks described in paragraph (IXA) to 
veterans referred to in paragraph (1).". 
SEC. 5. EXTENSION OF HEALTH-CARE ELIGIBILITY BASED ON EXPOSURE 
TO AGENT ORANGE OR IONIZING RADIATION. 
Section 610(eX3) of title 38, United States Code, is amended by 
striking out "December 31, 1990" and inserting in lieu thereof 
"December 31,1993". 
SEC. 6. RESULTS OF EXAMINATIONS AND TREATMENT OF VETERANS FOR 
38 USC 316 note. 
DISABILITIES RELATED TO EXPOSURE TO CERTAIN HERBI-
CIDES OR TO SERVICE IN VIETNAM. 
(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 610(e)(lXA) 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 Commit-
tees on Veterans' Affairs of the Senate and the House of Representa-
tives 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 Vetersins 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 
105 STAT. 16 
PUBLIC LAW 102-4—FEB. 6, 1991 
toxic substance referred to in section 610(eXlXA) 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. 
(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 appropria-
tions 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) 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 materiail 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 Sec-
retary shall give great weijght to the views and recommendations of 
the Academy expressed in that report with respect to the im-
plementation of this section. 
38 use 316 note- 
SEC. 7. TISSUE ARCHIVING SYSTEM. 
(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. 
Cb) 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 avcdlable from the system for research referred to 
Privacy. 
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.—Tiie 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 appropria-
tions Acts. 
PUBLIC LAW 102-4—FEB. 6, 1991 
105 STAT. 17 
(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) 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 carrjdng 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 Ck)mmittees 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 Sec-
retary shall give great weight to the views and recommendations of 
the Academy expressed in that report with respect to the im-
plementation of this section. 
SEC. 8. SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM. 
(a) EsTABUSHMENT 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. 
(h) 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 assistemce 
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 C!ommittees on Veter-
ans' 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— 
(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 pursuemt 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 
38 u s e 316 note. 
Government 
contracts. 
Grants. 
105 STAT. 18 
PUBLIC LAW 102-4—FEB. 6, 1991 
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 appropria-
tions 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) 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 Sec-
retary shall give great weight to the views and recommendations of 
the Academy expressed in that report with respect to the im-
plementation of this section. 
38 use 316 note. 
SEC. 9. BLOOD TESTING OF CERTAIN VIETNAM-ERA VETERANS. 
(a) BLOOD TESTING.—Subject to subsections (d) and (e), in the case 
of a veteran described in section 610(eXlXA) 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 compensa-
tion 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. 
OD) 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 anj^hing, 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. 
(d) FUNDING.—The authority of the Secretary to carry out this 
section is effective in any iiscal year only to the extent or in the 
amount specifically provided in statutory language in appropria-
tions 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) 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— 
PUBLIC LAW 102-4—FEB. 6,1991 
105 STAT. 19 
V
. 
(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 Sec-
retary shall give great weight to the views and recommendations of 
the Academy expressed in that report with respect to the im-
plementation of this section. 
SEC. 10. CONFORMING AMENDMENTS TO PUBLIC LAW 98-542. 
(a) AMENDMENTS TO SECTION 2.—Section 2 of Public Law 98-542 
(38 U.S.C. 354 note) is amended by striking out "that chloracne," in 
paragraph (5) and all that follows through "herbicides £ind". 
(b) AMENDMENTS TO SECTION 3.—Section 3 of such Public Law is 
38 USC 354 note, 
amended by striking out "during service in the Armed Forces in the 
Republic of Vietnam to a herbicide containing dioxin or". 
(c) AMENDMENTS TO SECTION 5.—Section 5 of such Public Law is 
38 USC 354 note, 
amended as follows: 
(1) Subsection (aXD is amended by striking out "during serv-
ice—" and all that follows through "in connection with" and 
inserting in lieu thereof "during service in connection with". 
(2) Subsection Ot)) is amended— 
(A) by striking out "of exposure to herbicides containing 
dioxin or" in the first sentence of paragraph (IXA); 
(B) by striking out "evidence indicating—" in paragraph 
(2XB) £ind all that follows through "(ii) a connection to and 
inserting in lieu thereof "evidence indicating a connection 
to"; 
(C) in paragraph (3)— 
(i) by striking out "herbicide or" in subparagraph (A); 
and 
(ii) by striking out "to a herbicide containing dioxin 
or" in subparagraph (B); and 
(D) by striking out of the appropriate panel" in the first 
sentence of paragraph (IXB), in the first sentence of para-
graph (2XAXi), and in paragraph (2XB). 
(d) AMENDMENTS TO SECTION 6.—Section 6 of such Public Law is 38 USC 354 note, 
amended as follows: 
(1) Subsection (a) is amended— 
(A) in the matter preceding paragraph (1), by striking out 
"fifteen members" and inserting in lieu thereof "nine mem-
bers"; 
(B) in paragraph (1)— 
(i) by striking out "eleven individuals" and inserting 
in lieu thereof six individuals"; 
(ii) by striking out subparagraph (A); 
(iii) by redesignating subparagraph (B) as subpara-
graph (A); and 
(iv) by redesignating subparagraph (C) as subpara-
graph (B) and in that subparagraph— 
(I) by striking out "five individuals" and insert-
ing in lieu thereof "three individuals"; and 
(II) by striking out "dioxin or"; and 
105 STAT. 20 
PUBLIC LAW 102-4—FEB. 6, 1991 
38 u s e 354 note. 
Federal 
Register, 
publication. 
(C) in paragraph (2)— 
(i) by striking out "four individuals" and inserting in 
lieu thereof "three individuals"; and 
(ii) by striking out "dioxin or". 
(2) Subsection (d) is amended— 
(A) by striking out "eleven" in paragraph (1) and insert-
ing in lieu thereof "six"; and 
(B) by striking out "be divided into" in paragraph (2) and 
all that follows through "(B) an eight-member panel with" 
and inserting in lieu thereof "have". 
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect at the end of the 
six-month period beginning on the date of the enactment of this Act. 
(2)(A) If the Secretary of Veterans Affairs determines before the 
end of such six-month period that the Environmental Hazards 
Advisory Committee established under section 6 of Public Law 98-
542 (38 U.S.C. 354 note) has completed its responsibilities under that 
section and the directives of the Secretary pursuant to the Nehmer 
case court order, the amendments made by this section shall take 
effect as of the date of such determination. 
(B) For purposes of this paragraph, the term "Nehmer case court 
order" means the court order dated May 2, 1989, in the case of 
Nehmer v. Department of Veterans Affairs, in the United States 
district court for the northern district of California (civil action 
docket number C-86-6160 TEH). 
(3) If the Secretary makes a determination under paragraph (2), 
the Secretary shall promptly publish in the Federal Register a 
notice that such determination has been made and that such amend-
ments have thereby taken effect £is of the date of such determina-
tion. 
Approved February 6, 1991. 
LEGISLATIVE HISTORY—H.R. 556 (S. 238): 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Jan. 29, considered and passed House. 
Jan. 30, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Feb. 6, Presidential remarks and statement.