House Study Bill 155 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON HOLT) A BILL FOR An Act concerning the duties of the department of veterans 1 affairs relative to veteran exposure to Agent Orange. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1966YC (3) 87 ec/nh
H.F. _____ Section 1. Section 36.1, subsection 3, Code 2017, is amended 1 by striking the subsection. 2 Sec. 2. REPEAL. Sections 36.2, 36.3, 36.4, 36.6, 36.7, 3 36.8, and 36.9, Code 2017, are repealed. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Code chapter 36 concerns exposure to chemicals by certain 8 veterans. Specifically, it deals with exposure to Agent Orange 9 by Iowa veterans of the Vietnam Conflict. 10 Code section 36.7 provides that if an agency of the federal 11 government is providing the referral and genetic services 12 required pursuant to Code section 36.6, the department or the 13 general assembly by specific action may discontinue all or part 14 of the services and requirements in the Code chapter. 15 In 1991, the federal Agent Orange Act, Pub. L. No. 102-4, 16 codified at 38 U.S.C. §1116, established a presumption of 17 service connection for diseases associated with herbicide 18 exposure. The federal Act directed the federal Veterans 19 Administration (VA) to “prescribe regulations providing that 20 a presumption of service connection is warranted for [a] 21 disease” when a positive statistical association exists between 22 Agent Orange exposure and the occurrence of that disease in 23 humans. In making this determination, Pub. L. No. 102-4, 24 authorized the VA to contract with the institute of medicine 25 of the national academy of sciences to review and summarize 26 the scientific evidence concerning the association between 27 exposure to herbicides used in support of military operations 28 in Vietnam during the Vietnam era and each disease suspected to 29 be associated with such exposure. 30 This bill repeals those Code sections in Code chapter 36 31 requiring the department of veterans affairs to perform certain 32 duties relative to Iowa veterans’ exposure to Agent Orange. 33 Code sections 36.5, concerning attorney general powers, and 34 36.10, concerning veterans’ litigation awards, are not repealed 35 -1- LSB 1966YC (3) 87 ec/nh 1/ 2
H.F. _____ by this bill. 1 -2- LSB 1966YC (3) 87 ec/nh 2/ 2