[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 332 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 535
116th CONGRESS
  2d Session
                                 S. 332

  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.


_______________________________________________________________________


                   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Agent Orange Exposure 
Fairness Act of 2019''.</DELETED>

<DELETED>SEC. 2. REMOVAL OF MANIFESTATION PERIOD REQUIRED FOR 
              PRESUMPTIONS OF SERVICE CONNECTION FOR CERTAIN DISEASES 
              ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE 
              AGENTS.</DELETED>

<DELETED>    Section 1116(a)(2) of title 38, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (C), by striking ``within 
        one'' and all that follows through ``1975'';</DELETED>
        <DELETED>    (2) in subparagraph (E), by striking ``within a'' 
        and all that follows through ``1975''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(I) Acute and subacute peripheral neuropathy 
        becoming manifest to a degree of disability of 10 percent or 
        more.''.</DELETED>

SECTION 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.''.
                                                       Calendar No. 535

116th CONGRESS

  2d Session

                                 S. 332

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 15, 2020

        Reported with an amendment and an amendment to the title