Page:United States Statutes at Large Volume 98 Part 3.djvu/355

 PUBLIC LAW 98-542—OCT. 24, 1984

98 STAT. 2727

PURPOSE

SEC. 3. The purpose of this Act is to ensure that Veterans' 38 USC 354 note. Administration disability compensation is provided to veterans who were exposed during service in the Armed Forces in the Republic of Vietnam to a herbicide containing dioxin or to ionizing radiation in connection with atmospheric nuclear tests or in connection with the American occupation of Hiroshima or Nagasaki, Japan, for all disabilities arising after that service that are connected, based on sound scientific and medical evidence, to such service (and that Veterans' Administration dependency and indemnity compensation is provided to survivors of those veterans for all deaths resulting from such disabilities). REQUIREMENT IN TITLE 38, UNITED STATES CODE, RELATING TO REGULATIONS

SEC. 4. Section 354(a) of title 38, United States Code, is amended— (1) by striking out the comma after "disabilities" and inserting in lieu thereof "(1)"; and (2) by inserting before the period a comma and "and (2) the provisions required by section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act". REQUIREMENT FOR AND CONTENT OF REGULATIONS

SEC. 5. (a) In carrying out the responsibilities of the Administrator 38 USC 354 note. of Veterans' Affairs under section 354(a)(2) of title 38, United States Code, and in order to promote consistency in claims processing and decisions, the Administrator shall prescribe regulations to— (1) establish guidelines and (where appropriate) standards and criteria for the resolution of claims for benefits under laws administered by the Veterans' Administration where the criteria for eligibility for a benefit include a requirement that a death or disability be service connected and the claim of service connection is based on a veteran's exposure during service— (A) in the Republic of Vietnam during the Vietnam era to a herbicide containing dioxin, or (B) in connection with such veteran's participation in atmospheric nuclear tests or with the American occupation of Hiroshima or Nagasaki, Japan, prior to July 1, 1946, to ionizing radiation from the detonation of a nuclear device; and (2) ensure that, with respect to those claims, the policy of the United States described in section 2(13) is carried out. (b)(1)(A) The guidelines required to be established in regulations prescribed under this section shall include guidelines governing the evaluation of the findings of scientific studies relating to the possible increased risk of adverse health effects of exposure to herbicides containing dioxin or of exposure to ionizing radiation. Those guidelines shall require that, in the evaluation of those studies, the Administrator shall take into account whether the results are statistically significant, are capable of replication, and withstand peer review. (B) The evaluations described in subparagraph (A) shall be made by the Administrator of Veterans' Affairs after receiving the advice of the appropriate panel of the Scientific Council of the Veterans' Advisory Committee on Environmental Hazards (established under

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