I 

115TH CONGRESS 

2D SESSION H. R. 4843 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. WESTERMAN (for himself, Ms. ROSEN, Mrs. MURPHY of Florida, Mr. PANETTA, Mr. TIPTON, and Mr. POLIQUIN) introduced the following bill; 

which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. MODIFICATION OF PRESUMPTION OF SERVICE 

2 CONNECTION FOR VETERANS WHO WERE EX3 POSED TO HERBICIDE AGENTS WHILE SERV4 ING IN THE ARMED FORCES IN THAILAND 

5 DURING THE VIETNAM ERA. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall ensure that if the Secretary creates a presumption 

8 of service connection between the occurrence of a disease 

9 and exposure to a herbicide agent while serving in the 

10 Armed Forces during the Vietnam era at a military base 

11 in Thailand, such presumption also applies to exposure to 

12 a herbicide agent while serving in the Armed Forces dur13 ing the Vietnam era at any military base located in Thai14 land without regard to where on the base the veteran was 

15 located or what military job specialty the veteran per16 formed. 

17 (b) DEFINITIONS.—In this section: 

18 (1) HERBICIDE AGENT.—The term ‘‘herbicide 

19 agent’’ has the meaning given such term in section 

20 1116(a) of title 38, United States Code. 

21 (2) VETERAN AND VIETNAM ERA.—The terms 

22 ‘‘veteran’’ and ‘‘Vietnam era’’ have the meaning 

23 given such terms in section 101 of title 38, United 

24 States Code. 


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•HR 4843 IH

1 SEC. 2. BENEFITS FOR CHILDREN OF CERTAIN THAILAND 

2 SERVICE VETERANS BORN WITH SPINA 

3 BIFIDA. 

4 (a) IN GENERAL.—Subchapter III of chapter 18 of 

5 title 38, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 1822. Benefits for children of certain Thailand 

8 service veterans born with spina bifida 

9 ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may 

10 provide to any child of a veteran of covered service in 

11 Thailand who is suffering from spina bifida the health 

12 care, vocational training and rehabilitation, and monetary 

13 allowance required to be paid to a child of a Vietnam vet14 eran who is suffering from spina bifida under subchapter 

15 I of this chapter as if such child of a veteran of covered 

16 service in Thailand were a child of a Vietnam veteran who 

17 is suffering from spina bifida under such subchapter. 

18 ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This 

19 section applies with respect to all forms and manifesta20 tions of spina bifida, except spina bifida occulta. 

21 ‘‘(c) VETERAN OF COVERED SERVICE IN THAI22 LAND.—For purposes of this section, a veteran of covered 

23 service in Thailand is any individual, without regard to 

24 the characterization of that individual’s service, who— 

25 ‘‘(1) served in the active military, naval, or air 

26 service in Thailand, as determined by the Secretary 


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1 in consultation with the Secretary of Defense, dur2 ing the period beginning on January 9, 1962, and 

3 ending on May 7, 1975; and 

4 ‘‘(2) is determined by the Secretary, in con5 sultation with the Secretary of Defense, to have been 

6 exposed to a herbicide agent during such service in 

7 Thailand. 

8 ‘‘(d) HERBICIDE AGENT.—For purposes of this sec9 tion, the term ‘herbicide agent’ means a chemical in a her10 bicide used in support of United States and allied military 

11 operations in Thailand, as determined by the Secretary in 

12 consultation with the Secretary of Defense, during the pe13 riod beginning on January 9, 1962, and ending on May 

14 7, 1975.’’. 

15 (b) CLERICAL AMENDMENTS.— 

16 (1) SUBCHAPTER HEADING.—The heading for 

17 subchapter III of chapter 18 of such title is amend18 ed by inserting ‘‘AND THAILAND’’ after 

19 ‘‘KOREA’’. 

20 (2) TABLE OF SECTIONS.—The table of sections 

21 at the beginning of chapter 18 of such title is 

22 amended— 

23 (A) by striking the item relating to sub24 chapter III and inserting the following new 

25 item: 


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‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE

VETERANS BORN WITH SPINA BIFIDA’’; 

1 and 

2 (B) by inserting after the item relating to 

3 section 1821 the following new item: 

‘‘1822. Benefits for children of certain Thailand service veterans born with spina 

bifida.’’. 

Æ 


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