Fairness for Korean DMZ Veterans Act of 2017

Bill: 115-s-2038
Sponsor: full_name: Sen. Moran, Jerry [R-KS]
Introduced: 2017-10-31
Policy area: Armed Forces and National Security
Subjects: Asia

Cancer

Cardiovascular and respiratory health

Digestive and metabolic diseases

Hazardous wastes and toxic substances

Musculoskeletal and skin diseases

South Korea

Veterans' pensions and compensation
Latest action: action_date: 2017-10-31
text: Read twice and referred to the Committee on Veterans' Affairs.

Summaries:
action_date: 2017-10-31
action_desc: Introduced in Senate
text: <p><b>Fairness for Korean DMZ Veterans Act of 2017</b></p> <p>This bill provides a presumption of herbicide exposure as the service-connected cause of certain diseases notwithstanding that there is no evidentiary record of any such disease during a veteran's service period. </p> <p>The bill defines a &quot;veteran&quot; for purposes of this bill as an individual who, during active military, naval, or air service, served in or near the Korean demilitarized zone during the period beginning on September 1, 1967, and ending on August 31, 1971.</p> <p>The bill specifies such a disease as: (1) a listed disease that becomes manifest, or (2) any additional disease that the Department of Veterans Affairs determines warrants a presumption of service-connection by reason of a positive association with herbicide exposure and that manifests itself within a prescribed period. </p>

tv_txt: II 115th CONGRESS 1st Session S. 2038 IN THE SENATE OF THE UNITED STATES October 31, 2017 Mr. Moran (for himself, Mr. Tester , Mr. Blumenthal , Mr. Brown , Mr. Wyden , and Ms. Collins ) 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 for a presumption of herbicide exposure for certain veterans who served in Korea, and for other purposes.

1. Short title This Act may be cited as the Fairness for Korean DMZ Veterans Act of 2017 . 2. Presumption of herbicide exposure for certain veterans who served in Korea (a) In general Chapter 11 of title 38, United States Code, is amended by inserting after section 1116 the following new section: 1116A. Presumption of herbicide exposure for certain veterans who served in Korea (a) Presumption of service-Connection (1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean demilitarized zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971. (b) Diseases A disease specified in this subsection is— (1) a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or (2) any additional disease that— (A) the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and (B) becomes manifest within any period prescribed in such regulations. (c) Herbicide agent For purposes of this section, the term herbicide agent has the meaning given such term in section 1821(d) of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116 the following new item: 1116A. Presumption of herbicide exposure for certain veterans who served in Korea. .