I 
110TH CONGRESS 
2D SESSION 
H. R. 6798 
To amend title 38, United States Code, to establish a presumption of service 
connection for certain cancers occurring in veterans who served in the 
Republic of Vietnam and were exposed to certain herbicide agents, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2008 
Mr. KAGEN (for himself, Mr. MCDERMOTT, and Mr. BACA) introduced the 
following bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish a pre-
sumption of service connection for certain cancers occur-
ring in veterans who served in the Republic of Vietnam 
and were exposed to certain herbicide agents, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress makes the following findings: 
(1) Between 1962 and 1971, the Air Force 
sprayed approximately 107 million pounds of herbi-
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cides in South Vietnam for the purpose of defolia-
tion and crop destruction. 
(2) It has been incontrovertibly established that 
exposure to Agent Orange leads to long-term, sys-
temic health problems that can occur years after the 
exposure. 
(3) The amendments to title 38, United States 
Code, enacted by the Veterans’ Health Care Eligi-
bility Reform Act of 1996 (Public Law 104–262) 
provide that a veteran does not have to demonstrate 
a link between a certain health condition and expo-
sure to Agent Orange and other toxic substances 
used during the Vietnam War in order to receive 
certain medical care provided by the Secretary of 
Veterans Affairs. 
(4) Instead medical care is provided unless the 
Secretary of Veterans Affairs has determined that 
the condition did not result from exposure to Agent 
Orange. 
(5) The Veterans’ Health Care Eligibility Re-
form Act of 1996 (Public Law 104–262) recognizes 
the Institute of Medicine as a resource by which the 
Secretary of Veterans Affairs should determine the 
association between the occurrence of a disease and 
Agent Orange. 
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(6) One established standard for the Secretary 
of Veterans Affairs to deny a presumption of service 
connection for a disability is that a disease shall be 
established by the Institute of Medicine to have lim-
ited or suggestive evidence of no association between 
the occurrence of the disease and exposure to herbi-
cide. 
(7) Cancers of the gastrointestinal tract are 
recognized by the Institute of Medicine to exceed the 
statutory threshold for a presumption of service con-
nection. 
SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR CER-
TAIN CANCERS ASSOCIATED WITH EXPOSURE 
TO HERBICIDES DURING THE VIETNAM ERA. 
Section 1116(a)(2) of title 38, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(I) Cancers of any tissues through the opening 
of the gastrointestinal tract to the end, including 
any and all carcinomas arising from tissues of endo- 
dermal origin, beginning in the oral pharynx, extend-
ing through the esophagus, duodenum, cecum, trans-
verse and descending colon, as well as biliary and 
pancreatic tissues, not to exclude the rectum, becom-
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ing manifest to a degree of disability of 10 percent 
or more.’’. 
Æ 
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