II 

112TH CONGRESS 

1ST SESSION S. 873 

To amend title 38, United States Code, to provide benefits for children 

with spina bifida of veterans exposed to herbicides while serving in 

the Armed Forces during the Vietnam era outside Vietnam, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2011 

Mr. AKAKA introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide benefits 

for children with spina bifida of veterans exposed to 

herbicides while serving in the Armed Forces during 

the Vietnam era outside Vietnam, 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, 

3 SECTION 1. BENEFITS FOR CHILDREN WITH SPINA BIFIDA 

4 OF ALL VETERANS EXPOSED TO HERBICIDES 

5 DURING VIETNAM ERA. 

6 (a) IN GENERAL.—Section 1821 of title 38, United 

7 States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘in Korea’’ 

2 both places it appears; 

3 (2) by striking subsection (c) and inserting the 

4 following new subsection (c): 

5 ‘‘(c) VETERAN OF COVERED SERVICE.—For pur6 poses of this section, a veteran of covered service is any 

7 individual as follows: 

8 ‘‘(1) An individual, without regard to the char9 acterization of that individual’s service, who— 

10 ‘‘(A) served in the active military, naval, or 

11 air service in or near the Korean demilitarized 

12 zone (DMZ), as determined by the Secretary in 

13 consultation with the Secretary of Defense, dur14 ing the period beginning on September 1, 1967, 

15 and ending on August 31, 1971; and 

16 ‘‘(B) is determined by the Secretary, in 

17 consultation with the Secretary of Defense, to 

18 have been exposed to a herbicide agent during 

19 such service in or near the Korean demilitarized 

20 zone. 

21 ‘‘(2) An individual, without regard to the char22 acterization of that individual’s service, who— 

23 ‘‘(A) served in the active military, naval, or 

24 air service during the Vietnam era at a location 

25 outside the Republic of Vietnam where exposure 


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1 to a herbicide agent during such service was 

2 likely, as determined by the Secretary in con3 sultation with the Secretary of Defense; and 

4 ‘‘(B) is determined by the Secretary, in 

5 consultation with the Secretary of Defense, to 

6 have been exposed to a herbicide agent during 

7 such service in or near such location.’’; and 

8 (3) in subsection (d)— 

9 (A) by striking ‘‘means’’ and inserting 

10 ‘‘means the following: 

11 ‘‘(1) In the case of a veteran of covered service 

12 described in subsection (c)(1),’’; and 

13 (B) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) In the case of a veteran of covered service 

16 described in subsection (c)(2), a chemical in a herbi17 cide used in support of United States and allied 

18 military operations in or near a location outside the 

19 Republic of Vietnam where exposure to a herbicide 

20 agent was likely, as determined by the Secretary in 

21 consultation with the Secretary of Defense, during 

22 the period beginning on February 28, 1961, and 

23 ending on May 7, 1975.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) DEFINITIONS.—Section 1831 of such title is 

2 amended— 

3 (A) in paragraph (1)(B)(i), by striking ‘‘in 

4 Korea’’; and 

5 (B) in paragraph (3)(B), by striking ‘‘sub6 chapter II’’ and inserting ‘‘subchapter II or 

7 III’’. 

8 (2) SUBCHAPTER HEADING.—The heading for 

9 subchapter III of chapter 18 of such title is amend10 ed to read as follows: ‘‘CHILDREN OF CERTAIN 

11 OTHER VETERANS BORN WITH SPINA 

12 BIFIDA’’. 

13 (3) SECTION HEADING.—The heading for sec14 tion 1821 of such title is amended to read as fol15 lows: ‘‘Benefits for children of veterans of 

16 certain other service with spina bifida’’. 

17 (4) TABLE OF SECTIONS.—The table of sections 

18 at the beginning of such chapter 18 is amended— 

19 (A) by striking the item relating to sub20 chapter III and inserting the following: 

‘‘SUBCHAPTER III—CHILDREN OF CERTAIN OTHER VETERANS BORN WITH

SPINA BIFIDA’’; 

21 and 

22 (B) by striking the item relating to section 

23 1821 and inserting the following: 


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‘‘1821. Benefits for children of veterans of certain other service with spina 

bifida.’’. 

Æ 


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