Fairness for Korean DMZ Veterans Act of 2017
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.
The bill defines a "veteran" 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.
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.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3605 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3605
To amend title 38, United States Code, to provide for a presumption of
herbicide exposure for certain veterans who served in Korea.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. MacArthur (for himself, Mr. Allen, Mr. Lance, and Mr. Costello of
Pennsylvania) introduced the following bill; which was 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.
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 ``Fairness for Korean DMZ Veterans Act
of 2017''.
SEC. 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:
``Sec. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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