Title: 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.
Policy area: Armed Forces and National Security

Summary:
This bill directs the Department of Veterans Affairs (VA) to ensure that if it creates a presumption of service connection between the occurrence of a disease and exposure to a herbicide agent while serving in the Armed Forces during the Vietnam era at a military base in Thailand, such presumption shall also apply to exposure to a herbicide agent while serving in the Armed Forces during the Vietnam era at any military base in Thailand without regard to where on the base the veteran was located or what military job specialty the veteran performed.
The VA may provide to any spina bifida-affected child of a veteran who served on active duty in Thailand beginning on January 9, 1962, and ending on May 7, 1975, and who was exposed to a herbicide agent during such service, the same health care, vocational training and rehabilitation, and monetary allowance required to be paid to a similarly affected child of a Vietnam veteran.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4843 Introduced in House (IH)]

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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.

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

SECTION 1. MODIFICATION OF PRESUMPTION OF SERVICE CONNECTION FOR 
              VETERANS WHO WERE EXPOSED TO HERBICIDE AGENTS WHILE 
              SERVING IN THE ARMED FORCES IN THAILAND DURING THE 
              VIETNAM ERA.

    (a) In General.--The Secretary of Veterans Affairs shall ensure 
that if the Secretary creates a presumption of service connection 
between the occurrence of a disease and exposure to a herbicide agent 
while serving in the Armed Forces during the Vietnam era at a military 
base in Thailand, such presumption also applies to exposure to a 
herbicide agent while serving in the Armed Forces during the Vietnam 
era at any military base located in Thailand without regard to where on 
the base the veteran was located or what military job specialty the 
veteran performed.
    (b) Definitions.--In this section:
            (1) Herbicide agent.--The term ``herbicide agent'' has the 
        meaning given such term in section 1116(a) of title 38, United 
        States Code.
            (2) Veteran and vietnam era.--The terms ``veteran'' and 
        ``Vietnam era'' have the meaning given such terms in section 
        101 of title 38, United States Code.

SEC. 2. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN 
              WITH SPINA BIFIDA.

    (a) In General.--Subchapter III of chapter 18 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1822. Benefits for children of certain Thailand service veterans 
              born with spina bifida
    ``(a) Benefits Authorized.--The Secretary may provide to any child 
of a veteran of covered service in Thailand who is suffering from spina 
bifida the health care, vocational training and rehabilitation, and 
monetary allowance required to be paid to a child of a Vietnam veteran 
who is suffering from spina bifida under subchapter I of this chapter 
as if such child of a veteran of covered service in Thailand were a 
child of a Vietnam veteran who is suffering from spina bifida under 
such subchapter.
    ``(b) Spina Bifida Conditions Covered.--This section applies with 
respect to all forms and manifestations of spina bifida, except spina 
bifida occulta.
    ``(c) Veteran of Covered Service in Thailand.--For purposes of this 
section, a veteran of covered service in Thailand is any individual, 
without regard to the characterization of that individual's service, 
who--
            ``(1) served in the active military, naval, or air service 
        in Thailand, as determined by the Secretary in consultation 
        with the Secretary of Defense, during the period beginning on 
        January 9, 1962, and ending on May 7, 1975; and
            ``(2) is determined by the Secretary, in consultation with 
        the Secretary of Defense, to have been exposed to a herbicide 
        agent during such service in Thailand.
    ``(d) Herbicide Agent.--For purposes of this section, the term 
`herbicide agent' means a chemical in a herbicide used in support of 
United States and allied military operations in Thailand, as determined 
by the Secretary in consultation with the Secretary of Defense, during 
the period beginning on January 9, 1962, and ending on May 7, 1975.''.
    (b) Clerical Amendments.--
            (1) Subchapter heading.--The heading for subchapter III of 
        chapter 18 of such title is amended by inserting ``AND 
        THAILAND'' after ``KOREA''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 18 of such title is amended--
                    (A) by striking the item relating to subchapter III 
                and inserting the following new item:

   ``subchapter iii--children of certain korea and thailand service 
                   veterans born with spina bifida'';

        and
                    (B) by inserting after the item relating to section 
                1821 the following new item:

``1822. Benefits for children of certain Thailand service veterans born 
                            with spina bifida.''.
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