Senate Roll Call 478

98th Congress · 1984-05-22

H.R. 1651: TO AMEND H.R. 1651 WITH AN AMENDMENT IN THE NATURE OF A SUBSTITUTE. H.R. 1651 REQUIRES THE ADMINISTRATOR OF VETERANS' AFFAIRS, AFTER PUBLIIC NOTICE AND COMMENT AND AFTER CONSIDERING THE RECOMMENDATIONS OF AN ADVISORY COMMITTEE AND ITS SCIENTIFIC COUNCIL AND SUBJECT TO JUDICIAL REVIEW, TO PRESCRIBE REGULATIONS GOVERNING THE ADJUDICATION OF THE ISSUE OF SERVICE CONNECTION BASED ON THE DISEASES OF CERTAIN VETERANS WHO, DURING SERVICE IN THE ARMED FORCES, WERE EXPOSED TO DIOXIN OR RADIATION; AND REQUIRES THAT THE ADMINISTRATOR INCLUDE IN SUCH REGULATIONS DETERMINATIONS AS TO WHETHER AND UNDER WHAT CIRCUMSTANCES SERVICE CONNECTION SHALL BE GRANTED WITH RESPECT TO CERTAIN SPECIFIED DISEASES. THE SIMPSON SUBSTITUTE CREATES A GENERAL PUBLIC INFORMAL RULEMAKING PROCEDURE THAT WILL PROVIDE THAT THE ADMINISTRATOR WOULD ESTABLISH GUIDELINES AND, WHERE APPROPRIATE, STANDARDS AND CRITERIA FOR THE ADJUDICATION OF CLAIMS ASSOCIATED WITH THE EXPOSURE TO HERBICIDES OR RADIATION FROM AN ATMOSPHERIC WEAPON. THIS SUBSTITUTE ALSO REQUIRES GUIDELINES TO GOVERN THE EVALUATION OF THE FUNDINGS OF SCIENTIFIC AND MEDICAL STUDIES INSURING THAT NEW AND STATISTICAL FINDINGS ARE TAKEN INTO ACCOUNT WHEN CLAIMS ARE ADJUDICATED. THE SUBSTITUTE REQUIRES THE VA ADMINISTRATOR TO REVIEW ADVICE OF THE ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS, AND THE COMMITTEE'S SCIENTIFIC COUNCIL REGRADING THE DISEASES COVERED UNDER THE AMENDMENT. THE SUBSTITUTE REQUIRES THE ADMINISTRATOR TO MAKE DETERMINATIONS ON SERVICE CONNECTION WITH REGARD TO THE DISEASES SHOWING A STRONG ASSOCIATION TO AGENT ORANGE EXPOSURE AND RADIATION EXPOSURE AS SHOWN IN THE VA'S PROGRAM GUIDE ON RADIATION CLAIMS. (MOTION PASSED)