
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 404(a)(1)]
[Document affected by Public Law 107-103 Section 201(a)(1)(A)]
[Document affected by Public Law 107-103 Section 201(d)(1)]
[Document affected by Public Law 107-103 Section 201/b,c/2/A]
[Document affected by Public Law 107-103 Section 201(d)(2)]
[Document affected by Public Law 107-103 Section 201(a)(1)(B)]
[Document affected by Public Law 107-103 Section 201(a)(2)-(4)]
[CITE: 38USC1116]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
 
Sec. 1116. Presumptions of service connection for diseases 
        associated with exposure to certain herbicide agents
        
    (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 \1\ of 10 percent or more 
    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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``of 
disability''.
---------------------------------------------------------------------------
        (G) Multiple myeloma becoming manifest to a degree of disability 
    of 10 percent or more.

    (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 period beginning on January 9, 1962, and ending on 
May 7, 1975, and has a disease referred to in paragraph (1)(B) 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 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.
    (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 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 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.

(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.)

                       References in Text

    Section 3 of the Agent Orange Act of 1991, referred to in subsecs. 
(b)(2), (c)(1)(A), and (e), is section 3 of Pub. L. 102-4, which is set 
out below.


                               Amendments

    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 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.


               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, 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 10 years 
after the last day of the fiscal year in which the National Academy of 
Sciences transmits to the Secretary the first report under subsection 
(g).
    ``(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1103, 1113 of this title.
