Panama Canal Zone Veterans Act of 2021
Bill: H.R.5026 | Sponsor: Rep. Newman, Marie (D-IL)
Policy area: Armed Forces and National Security

Summary:
Panama Canal Zone Veterans Act of 2021
This bill establishes a presumption of service-connection for specified conditions associated with active duty service in or near the Panama Canal Zone (zone) from January 1, 1958, through the latter of December 31, 1999, or the date on which the last service member departed from duty in the zone. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.
The presumption of service-connection applies to illnesses listed in the bill (e.g., Hodgkin's disease) or those that (1) have a positive association with exposure to an herbicide agent that is known or presumed to be associated with service in the zone during the specified time period, and (2) become manifest in a veteran who served in the zone during the specified time period and was exposed to an herbicide agent during such service.
The Department of Veterans Affairs must prescribe regulations providing for a presumption of service-connection whenever there is a determination that a positive association exists between the exposure to an herbicide agent known or presumed to be associated with service in or near the zone and the occurrence of an illness in humans.

To amend title 38, United States Code, to provide for a presumption of 
 service connection for illnesses associated with service in the Armed 
        Forces in the Panama Canal Zone, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Panama Canal Zone Veterans Act of 
2021''.

SEC. 2. PRESUMPTION OF SERVICE CONNECTION.

    (a) In General.--Subchapter II of chapter 11 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1119. Presumption of service connection for illnesses associated 
              with service in the Panama Canal Zone
    ``(a) In General.--(1) For purposes of section 1110 of this title, 
and subject to section 1113 of this title, each illness, if any, 
described in paragraph (2) shall be considered to have been incurred in 
or aggravated by service referred to in that paragraph, notwithstanding 
that there is no record of evidence of such illness during the period 
of such service.
    ``(2) An illness referred to in paragraph (1) is any illness--
            ``(A) that--
                    ``(i) is described in paragraph (3); or
                    ``(ii) the Secretary determines in regulations 
                prescribed under this section warrants a presumption of 
                service connection by reason of having a positive 
                association with exposure to an herbicide agent known 
                or presumed to be associated with service in the Armed 
                Forces in or near the Panama Canal Zone during the 
                covered period; and
            ``(B) that becomes manifest within the period, if any, 
        prescribed in such regulations in a veteran who served on 
        active duty in or near the Panama Canal Zone during the covered 
        period and by reason of such service was exposed to such agent.
    ``(3) An illness described in this paragraph is any of the 
following:
            ``(A) Chronic B-cell leukemia.
            ``(B) Hodgkin's disease.
            ``(C) Multiple myeloma.
            ``(D) Non-Hodgkin's lymphoma.
            ``(E) Prostate cancer.
            ``(F) Respiratory cancers (including lung cancer).
            ``(G) Soft-tissue sarcoma (other than osteosarcoma, 
        chondrosarcoma, Kaposi's sarcoma, or mesothelioma).
            ``(H) AL amyloidosis.
            ``(I) Chloracne and any other type of acneiform disease the 
        Secretary determines is similar.
            ``(J) Diabetes mellitus type 2.
            ``(K) Ischemic heart disease.
            ``(L) Parkinson's disease.
            ``(M) Early onset peripheral neuropathy.
            ``(N) Porphyria cutanea tarda.
            ``(O) Bladder cancer.
            ``(P) Hypothyroidism.
    ``(b) Regulations.--(1) Whenever the Secretary makes a 
determination described in paragraph (2), the Secretary shall prescribe 
regulations providing that a presumption of service connection is 
warranted for the illness covered by that determination for purposes of 
this section.
    ``(2) A determination described in this paragraph is a 
determination based on sound medical and scientific evidence that a 
positive association exists between--
            ``(A) the exposure of humans to a herbicide agent known or 
        presumed to be associated with service in or near the Panama 
        Canal Zone; and
            ``(B) the occurrence of a diagnosed or undiagnosed illness 
        in humans.
    ``(3) In making determinations for purposes of paragraph (2), the 
Secretary shall--
            ``(A) take into account all sound medical and scientific 
        information and analyses available to the Secretary;
            ``(B) in evaluating any report, information, or analysis, 
        take into consideration whether the results are statistically 
        significant, are capable of replication, and withstand peer 
        review; and
            ``(C) consider an association between the occurrence of an 
        illness in humans and exposure to an herbicide agent to be 
        positive for purposes if the credible evidence for the 
        association is equal to or outweighs the credible evidence 
        against the association.
    ``(c) Definitions.--For purposes of this section:
            ``(1) The term `covered period' means the period beginning 
        on January 1, 1958, and ending on the latter of the following 
        dates, as determined by the Secretary:
                    ``(A) December 31, 1999.
                    ``(B) The date on which the last member of the 
                Armed Forces departed from official duty in the Panama 
                Canal Zone.
            ``(2) The term `herbicide agent' means a chemical in an 
        herbicide, including Agent Purple and Agent Orange.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1118 the following new item:

``1119. Presumption of service connection for illnesses associated with 
                            service in the Panama Canal Zone.''.
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