House File 584 - IntroducedA Bill ForAn Act 1concerning the duties of the department of veterans
2affairs relative to veteran exposure to Agent Orange.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 36.1, subsection 3, Code 2017, is amended
2by striking the subsection.
3   Sec. 2.  REPEAL.  Sections 36.2, 36.3, 36.4, 36.6, 36.7,
436.8, and 36.9, Code 2017, are repealed.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
   8Code chapter 36 concerns exposure to chemicals by certain
9veterans. Specifically, it deals with exposure to Agent Orange
10by Iowa veterans of the Vietnam Conflict.
   11Code section 36.7 provides that if an agency of the federal
12government is providing the referral and genetic services
13required pursuant to Code section 36.6, the department or the
14general assembly by specific action may discontinue all or part
15of the services and requirements in the Code chapter.
   16In 1991, the federal Agent Orange Act, Pub.L. No.102-4,
17codified at 38 U.S.C. §1116, established a presumption of
18service connection for diseases associated with herbicide
19exposure. The federal Act directed the federal Veterans
20Administration (VA) to “prescribe regulations providing that
21a presumption of service connection is warranted for [a]
22disease” when a positive statistical association exists between
23Agent Orange exposure and the occurrence of that disease in
24humans. In making this determination, Pub.L. No.102-4,
25authorized the VA to contract with the institute of medicine
26of the national academy of sciences to review and summarize
27the scientific evidence concerning the association between
28exposure to herbicides used in support of military operations
29in Vietnam during the Vietnam era and each disease suspected to
30be associated with such exposure.
   31This bill repeals those Code sections in Code chapter 36
32requiring the department of veterans affairs to perform certain
33duties relative to Iowa veterans’ exposure to Agent Orange.
34Code sections 36.5, concerning attorney general powers, and
3536.10, concerning veterans’ litigation awards, are not repealed
-1-1by this bill.
-2-
ec/nh