To amend section 1116 of title 38, United States Code, to modify and extend authorities on the presumption of service-connection for herbicide-related disabilities of Vietnam era veterans, and for other purposes.

June 22, 2001

Mr. ROCKEFELLER (for himself, Mr. DASCHLE, and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

To amend section 1116 of title 38, United States Code, to modify and extend authorities on the presumption of service-connection for herbicide-related disabilities of Vietnam era veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. MODIFICATION AND EXTENSION OF AUTHORITIES ON THE PRESUMPTION OF SERVICE-CONNECTION FOR HERBICIDE-RELATED DISABILITIES OF VIETNAM ERA VETERANS.

(a) REPEAL OF 30-YEAR LIMITATION ON MANIFESTATION OF RESPIRATORY CANCERS- Subsection (a)(2)(F) of section 1116 of title 38, United States Code, is amended by striking `within 30 years' and all that follows through `May 7, 1975'.

(b) TREATMENT OF CLAIMS DENIED UNDER LIMITATION ON MANIFESTATION- (1) The Secretary of Veterans Affairs shall treat each claim for disability compensation under section 1116 of title 38, United States Code, for a disease covered by subsection (a)(2)(F) of that section that was denied by reason of the 30-year limitation on manifestation specified in that subsection (as that subsection was in effect on the day before the date of the enactment of this Act) as having been submitted under that section as amended by subsection (a).

(2) In the case of an award of compensation with respect to a claim described in paragraph (1)--

(A) the effective date of the award shall be the date on which the claim would otherwise have been granted had the limitation referred to in that paragraph not applied to the claim when originally submitted; and

(B) the amount of compensation payable for the claim for any month before the date of the enactment of this Act shall be the amount of disability compensation provided for under chapter 11 of title 38, United States Code, for that month.

(c) PRESUMPTION OF EXPOSURE TO HERBICIDE AGENTS IN VIETNAM DURING VIETNAM ERA- (1) Section 1116 of title 38, United States Code, is further amended--

(A) by transferring paragraph (3) of subsection (a) to the end of the section and redesignating such paragraph, as so transferred, as subsection (f); and

(B) in subsection (f), as so transferred and redesignated--

(i) by striking `For the purposes of this subsection, a veteran' and inserting `For purposes of establishing a service connection for a disability resulting from exposure to a herbicide agent, including a presumption of service-connection under this section, a veteran'; and

(ii) by striking `and has a disease referred to in paragraph (1)(B) of this subsection'.

(2)(A) The section heading of that section is amended to read as follows:

`Sec. 1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure'.

(B) The table of section at the beginning of chapter 11 of that title is amended by striking the item relating to section 1116 and inserting the following new item:

`1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure.'.

(d) EXTENSION OF AUTHORITY TO PRESUME SERVICE-CONNECTION FOR ADDITIONAL DISEASES- (1) Subsection (e) of section 1116 of title 38, United States Code, is amended by striking `10 years' and inserting `20 years'.

(2) Section 3(i) of the Agent Orange Act of 1991 (38 U.S.C. 1116 note) is amended by striking `10 years' and inserting `20 years'.

(e) TECHNICAL AMENDMENT- Subsection (a)(2)(F) of section 1116 of title 38, United States Code, as amended by subsection (a) of this section, is further amended by inserting `of disability' after `manifest to a degree'.

END