A bill to modify the presumption of service connection for veterans who were exposed to herbicide agents while serving in the Armed Forces in Thailand during the Vietnam era, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 1381 To modify the presumption of service connection for veterans who were exposed to herbicide agents while serving in the Armed Forces in Thai- land during the Vietnam era, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 9, 2019 Mr. BOOZMAN (for himself and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To modify the presumption of service connection for veterans who were exposed to herbicide agents while serving in the Armed Forces in Thailand during the Vietnam era, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:39 May 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1381.IS S1381 pbinns on DSK79D2C42PROD with BILLS 2 •S 1381 IS SECTION 1. MODIFICATION OF PRESUMPTION OF SERVICE 1 CONNECTION FOR VETERANS WHO WERE EX- 2 POSED TO HERBICIDE AGENTS WHILE SERV- 3 ING IN THE ARMED FORCES IN THAILAND 4 DURING THE VIETNAM ERA. 5 (a) IN GENERAL.—The Secretary of Veterans Affairs 6 shall ensure that if the Secretary creates a presumption 7 of service connection between the occurrence of a disease 8 and exposure to a herbicide agent while serving in the 9 Armed Forces during the Vietnam era at a military base 10 in Thailand, such presumption also applies to exposure to 11 a herbicide agent while serving in the Armed Forces dur- 12 ing the Vietnam era at any military base located in Thai- 13 land without regard to where on the base the veteran was 14 located or what military job specialty the veteran per- 15 formed. 16 (b) DEFINITIONS.—In this section: 17 (1) HERBICIDE AGENT.—The term ‘‘herbicide 18 agent’’ has the meaning given such term in section 19 1116(a) of title 38, United States Code. 20 (2) VETERAN AND VIETNAM ERA.—The terms 21 ‘‘veteran’’ and ‘‘Vietnam era’’ have the meaning 22 given such terms in section 101 of title 38, United 23 States Code. 24 VerDate Sep 11 2014 21:39 May 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1381.IS S1381 pbinns on DSK79D2C42PROD with BILLS 3 •S 1381 IS SEC. 2. BENEFITS FOR CHILDREN OF CERTAIN THAILAND 1 SERVICE VETERANS BORN WITH SPINA 2 BIFIDA. 3 (a) IN GENERAL.—Subchapter III of chapter 18 of 4 title 38, United States Code, is amended by adding at the 5 end the following new section: 6 ‘‘§ 1822. Benefits for children of certain Thailand 7 service veterans born with spina bifida 8 ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may 9 provide to any child of a veteran of covered service in 10 Thailand who is suffering from spina bifida the health 11 care, vocational training and rehabilitation, and monetary 12 allowance required to be paid to a child of a Vietnam vet- 13 eran who is suffering from spina bifida under subchapter 14 I of this chapter as if such child of a veteran of covered 15 service in Thailand were a child of a Vietnam veteran who 16 is suffering from spina bifida under such subchapter. 17 ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This 18 section applies with respect to all forms and manifesta- 19 tions of spina bifida, except spina bifida occulta. 20 ‘‘(c) VETERAN OF COVERED SERVICE IN THAI- 21 LAND.—For purposes of this section, a veteran of covered 22 service in Thailand is any individual, without regard to 23 the characterization of that individual’s service, who— 24 ‘‘(1) served in the active military, naval, or air 25 service in Thailand, as determined by the Secretary 26 VerDate Sep 11 2014 21:39 May 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1381.IS S1381 pbinns on DSK79D2C42PROD with BILLS 4 •S 1381 IS in consultation with the Secretary of Defense, dur- 1 ing the period beginning on January 9, 1962, and 2 ending on May 7, 1975; and 3 ‘‘(2) is determined by the Secretary, in con- 4 sultation with the Secretary of Defense, to have been 5 exposed to a herbicide agent during such service in 6 Thailand. 7 ‘‘(d) HERBICIDE AGENT.—For purposes of this sec- 8 tion, the term ‘herbicide agent’ means a chemical in a her- 9 bicide used in support of United States and allied military 10 operations in Thailand, as determined by the Secretary in 11 consultation with the Secretary of Defense, during the pe- 12 riod beginning on January 9, 1962, and ending on May 13 7, 1975.’’. 14 (b) CLERICAL AMENDMENTS.— 15 (1) SUBCHAPTER HEADING.—The heading for 16 subchapter III of chapter 18 of such title is amend- 17 ed by inserting ‘‘AND THAILAND’’ after 18 ‘‘KOREA’’. 19 (2) TABLE OF SECTIONS.—The table of sections 20 at the beginning of chapter 18 of such title is 21 amended— 22 (A) by striking the item relating to sub- 23 chapter III and inserting the following new 24 item: 25 VerDate Sep 11 2014 21:39 May 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1381.IS S1381 pbinns on DSK79D2C42PROD with BILLS 5 •S 1381 IS ‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA’’; and 1 (B) by inserting after the item relating to 2 section 1821 the following new item: 3 ‘‘1822. Benefits for children of certain Thailand service veterans born with spina bifida.’’. Æ VerDate Sep 11 2014 21:39 May 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1381.IS S1381 pbinns on DSK79D2C42PROD with BILLS