I 
111TH CONGRESS 
1ST SESSION H. R. 3491 
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 
JULY 31, 2009 
Mr. KAGEN (for himself and Mr. FRANK of Massachusetts) 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. SHORT TITLE. 
This Act may be cited as the ‘‘Thomas G. Schubert 
Agent Orange Fairness Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Between 1962 and 1971, the Armed Forces 
sprayed approximately 107 million pounds of herbi-
cides in South Vietnam for the purpose of defolia-
tion and crop destruction. 
(2) Section 1116(a)(3) of title 38, United 
States Code, defines the term ‘‘herbicide agent’’ as 
a chemical in an herbicide used in support of the 
United States and allied military operations in the 
Republic of Vietnam during the period beginning on 
January 9, 1962, and ending on May 7, 1975. 
(3) 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. 
(4) 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. 
(5) Section 1116 of title 38, United States 
Code, provides for a presumption of service con-
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nected disability when there is exposure to an herbi-
cide agent and the occurrence of a disease if the 
credible evidence for such association is equal to or 
outweighs the credible evidence against the associa-
tion. 
(6) 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. 
(7) 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. 
(8) Cancers of the gastrointestinal tract are 
recognized by the Institute of Medicine as having in-
adequate or insufficient evidence to determine asso-
ciation, which suggests that the credible evidence of 
an association is equal to the credible evidence 
against association. 
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(9) Thomas George Schubert served honorably 
in the Army in the Republic of Vietnam from 1966 
to 1967 where it is presumed he was exposed to 
Agent Orange. 
(10) He later developed esophageal cancer and 
passed away as a result on August 29, 2002, his 
56th birthday. 
(11) Thirty-five years after his discharge, the 
Department of Veterans Affairs issued a ruling that 
Mr. Schubert’s death was service connected, stating, 
‘‘The preponderance of the competent evidence re-
lates the victim’s cause of death, esophageal cancer, 
to in-service Agent Orange exposure,’’ and ‘‘Resolv-
ing any reasonable doubt in the appellants favor, 
that his death is directly related to in-service expo-
sure to Agent Orange.’’. 
SEC. 3. 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 
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endodermal origin, beginning in the oral pharynx, 
extending through the esophagus, duodenum, cecum, 
transverse and descending colon, as well as biliary 
and pancreatic tissues, not to exclude the rectum, 
becoming manifest to a degree of disability of 10 
percent or more.’’. 
Æ 
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