Agent Orange Act of 1991

Bill Summary & Status
102nd Congress (1991 - 1992)
H.R.556
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H.R.556
Latest Title: Agent Orange Act of 1991
Sponsor: Rep Montgomery, G. V. (Sonny) [MS-3] (introduced 1/17/1991) Cosponsors (71)
Related Bills: S.238
Latest Major Action: 2/6/1991 Became Public Law No: 102-4.
Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, AmendmentsAbstracts
SUMMARY AS OF:
1/29/1991--Passed House amended. (There is 1 other summary)
Agent Orange Act of 1991 - Presumes the following diseases to be service-connected and resulting from exposure to dioxins and other herbicide agents during service in Vietnam during the Vietnam era unless there is affirmative evidence to the contrary: (1) non-Hodgkins lymphoma, each soft-tissue sarcoma (with certain exceptions), and chloracne or other consistent acneform diseases becoming manifest to a degree of disability of ten percent or more; and (2) those additional diseases that the Secretary determines warrant such a presumption by reason of having a positive association with a herbicide agent, if they become manifest within the appropriate period.

Directs the Secretary of Veterans Affairs to prescribe regulations providing that a presumption of service connection is warranted whenever it is determined by the Secretary that a positive association exists between the exposure of humans to a herbicide agent and the occurrence of a disease in humans. Requires the Secretary to take into account reports received from the National Academy of Sciences, as well as other sound medical and scientific information. Outlines procedures to be followed by the Secretary in weighing evidence and report information and making conclusions for or against the positive association and, therefore, the service-connection presumption. Provides for the issuance of final regulations listing the diseases for which positive associations have been found or removing the presumption for a disease.

Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall review and summarize the scientific evidence (and its strength) concerning the association between exposure to a herbicide agent during service in Vietnam and each disease suspected to be associated with such exposure. Provides for NAS: (1) scientific determinations concerning diseases; (2) recommendations for additional studies to resolve areas of uncertainty relating to herbicide exposure; (3) subsequent reviews; and (4) reports, at least biennially, to the Secretary and the Senate and House Veterans' Affairs Committees (the veterans' committees). Terminates the agreement ten years after the fiscal year of the first report from NAS.

Directs the Secretary to enter into an agreement with another body if the Secretary cannot reach an agreement with NAS within two months after enactment of this Act.

Amends the Veterans' Benefits Improvement Act of 1988 to direct the Secretary to annually furnish updated information on health risks associated with exposure to herbicide agents during service in Vietnam during the Vietnam era.

Extends through 1993 the eligibility for hospital, nursing home, or domiciliary care and medical treatment of individuals who served in Vietnam and who have been determined to have been exposed to dioxin or a toxic substance in a herbicide as the result of such service and of veterans exposed to ionizing radiation while serving between September 11, 1945 and July 1, 1946.

Directs the Secretary to compile and analyze, on a continuing basis, all clinical data obtained by the Department of Veterans Affairs in connection with examinations and treatment furnished to veterans by the Department after November 3, 1981, for exposure to herbicide agents in Vietnam and which is likely to be useful in determining the exposure to such agents and the disabilities suffered. Requires an annual report on such compilations and provides funding.

Directs the Secretary, for facilitating research on the effects of exposure to herbicides used in Vietnam, to establish and maintain a system for the collection and storage of voluntarily contributed blood and tissue samples of veterans who served there. Provides for: (1) specimen security; (2) authorized use; (3) limitations on acceptance of samples; and (4) authority based on specific funding.

Directs the Secretary to establish a scientific research feasibility studies program for conducting research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in Vietnam; and (3) active military service in Vietnam during the Vietnam era. Outlines program and report requirements. Directs the Secretary to consult with NAS.

Directs the Secretary, upon the request of a Vietnam veteran who has applied for Department medical care and filed a claim for, or is in receipt of, disability compensation, to obtain a blood sample to conduct a test for the presence of a specified dioxin. Provides for notification to the veteran of test results and significance and requires such blood sample to be maintained as part of the collection of blood and tissue samples required under this Act. Makes conforming amendments and provides for alternative effective dates.

MAJOR ACTIONS:
1/17/1991 Introduced in House
1/29/1991 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 412 - 0 (Roll No. 16).
1/30/1991 Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed in lieu of S. 238 without amendment by Yea-Nay Vote. 99-0. Record Vote No: 9.
1/30/1991 Cleared for White House.
2/4/1991 Presented to President.
2/6/1991 Signed by President.
2/6/1991 Became Public Law No: 102-4.
ALL ACTIONS: (Floor Actions/Congressional Record Page References)
1/17/1991:
Referred to the House Committee on Veterans' Affairs.
1/29/1991 12:25pm:
Mr. Montgomery moved to suspend the rules and pass the bill, as amended.
1/29/1991 12:25pm:
Considered under suspension of the rules.
1/29/1991 12:26pm:
DEBATE - The House proceeded with debate expanded to one hour by unanimous consent.
1/29/1991 1:25pm:
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.
1/29/1991 1:58pm:
Considered as unfinished business.
1/29/1991 2:26pm:
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 412 - 0 (Roll No. 16).
1/29/1991 2:26pm:
Motion to reconsider laid on the table Agreed to without objection.
1/30/1991:
Received in the Senate, read twice, considered, read the third time, and passed in lieu of S. 238 without amendment by Yea-Nay Vote. 99-0. Record Vote No: 9.
1/30/1991:
Cleared for White House.
1/31/1991:
Message on Senate action sent to the House.
2/4/1991:
Measure Signed in Senate.
2/4/1991:
Presented to President.
2/6/1991:
Signed by President.
2/6/1991:
Became Public Law No: 102-4.
TITLE(S): (italics indicate a title for a portion of a bill)
POPULAR TITLE(S):
Agent Orange bill (identified by CRS)
SHORT TITLE(S) AS INTRODUCED:
Agent Orange Act of 1991
SHORT TITLE(S) AS PASSED HOUSE:
Agent Orange Act of 1991
SHORT TITLE(S) AS ENACTED:
Agent Orange Act of 1991
OFFICIAL TITLE AS INTRODUCED:
To provide for the Secretary of Veterans Affairs to obtain independent scientific review of the available scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides, and for other purposes.
COSPONSORS(71), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Abercrombie, Neil [HI-1] - 1/22/1991
Rep Alexander, Bill [AR-1] - 1/22/1991
Rep Applegate, Douglas [OH-18] - 1/17/1991
Rep Bateman, Herbert H. [VA-1] - 1/23/1991
Rep Bereuter, Doug [NE-1] - 1/23/1991
Rep Bilirakis, Michael [FL-9] - 1/17/1991
Rep Boucher, Rick [VA-9] - 1/23/1991
Rep Brewster, Bill K. [OK-3] - 1/29/1991
Rep Bryant, John W. [TX-5] - 1/28/1991
Rep Burton, Dan [IN-6] - 1/17/1991
Rep de Lugo, Ron [VI] - 1/29/1991
Rep Edwards, Chet [TX-11] - 1/17/1991
Rep Edwards, Don [CA-10] - 1/17/1991
Rep Evans, Lane [IL-17] - 1/17/1991
Rep Faleomavaega, Eni F. H. [AS] - 1/29/1991
Rep Gaydos, Joseph M. [PA-20] - 1/23/1991
Rep Geren, Pete [TX-12] - 1/17/1991
Rep Gilman, Benjamin A. [NY-22] - 1/23/1991
Rep Glickman, Dan [KS-4] - 1/22/1991
Rep Gordon, Bart [TN-6] - 1/18/1991
Rep Goss, Porter J. [FL-13] - 1/29/1991
Rep Hall, Tony P. [OH-3] - 1/29/1991
Rep Hammerschmidt, John P. [AR-3] - 1/17/1991
Rep Harris, Claude [AL-7] - 1/17/1991
Rep Hefner, W. G. (Bill) [NC-8] - 1/17/1991
Rep Henry, Paul B. [MI-5] - 1/28/1991
Rep Hochbrueckner, George J. [NY-1] - 1/28/1991
Rep James, Craig T. [FL-4] - 1/17/1991
Rep Jenkins, Edgar L. [GA-9] - 1/17/1991
Rep Johnston, Harry [FL-14] - 1/29/1991
Rep Jones, Ben [GA-4] - 1/17/1991
Rep Jontz, Jim [IN-5] - 1/17/1991
Rep Kennedy, Joseph P., II [MA-8] - 1/17/1991
Rep Kildee, Dale E. [MI-7] - 1/22/1991
Rep Kleczka, Gerald D. [WI-4] - 1/29/1991
Rep Lagomarsino, Robert J. [CA-19] - 1/28/1991
Rep Lancaster, H. Martin [NC-3] - 1/28/1991
Rep Lantos, Tom [CA-11] - 1/28/1991
Rep Long, Jill L. [IN-4] - 1/17/1991
Rep Machtley, Ronald K. [RI-1] - 1/29/1991
Rep McCloskey, Frank [IN-8] - 1/18/1991
Rep Mineta, Norman Y. [CA-13] - 1/23/1991
Rep Nichols, Dick [KS-5] - 1/17/1991
Rep Obey, David R. [WI-7] - 1/29/1991
Rep Parker, Mike [MS-4] - 1/17/1991
Rep Patterson, Elizabeth [SC-4] - 1/17/1991
Rep Paxon, Bill [NY-31] - 1/17/1991
Rep Payne, Lewis F., Jr. [VA-5] - 1/17/1991
Rep Penny, Timothy J. [MN-1] - 1/17/1991
Rep Peterson, Douglas (Pete) [FL-2] - 1/17/1991
Rep Pickett, Owen B. [VA-2] - 1/29/1991
Rep Price, David E. [NC-4] - 1/29/1991
Rep Richardson, Bill [NM-3] - 1/17/1991
Rep Ridge, Thomas J. [PA-21] - 1/17/1991
Rep Rowland, J. Roy [GA-8] - 1/17/1991
Rep Sanders, Bernard [VT] - 1/23/1991
Rep Sangmeister, George E. [IL-4] - 1/17/1991
Rep Santorum, Rick [PA-18] - 1/17/1991
Rep Skelton, Ike [MO-4] - 1/28/1991
Rep Slattery, Jim [KS-2] - 1/17/1991
Rep Smith, Christopher H. [NJ-4] - 1/17/1991
Rep Smith, Lawrence [FL-16] - 1/23/1991
Rep Staggers, Harley O., Jr. [WV-2] - 1/17/1991
Rep Stearns, Cliff [FL-6] - 1/17/1991
Rep Stenholm, Charles W. [TX-17] - 1/17/1991
Rep Stump, Bob [AZ-3] - 1/17/1991
Rep Unsoeld, Jolene [WA-3] - 1/22/1991
Rep Vucanovich, Barbara F. [NV-2] - 1/23/1991
Rep Waters, Maxine [CA-29] - 1/17/1991
Rep Weldon, Curt [PA-7] - 1/29/1991
Rep Wylie, Chalmers P. [OH-15] - 1/17/1991

COMMITTEE(S):
Committee/Subcommittee: Activity:
House Veterans' Affairs Referral
RELATED BILL DETAILS: (additional related bills may be indentified in Status)
Bill: Relationship:
S.238 Identical bill identified by CRS
S.238 H.R.556 passed in Senate in lieu of this bill
S.238 Related bill as identified by the House Clerk's office
AMENDMENT(S):
***NONE***