Lonnie Kilpatrick Central Pacific Relief Act

Lonnie Kilpatrick Central Pacific Relief Act

This bill provides a presumption of service-connection for diseases associated with exposure to certain herbicide agents to veterans who served on (1) Guam or American Samoa, or in the territorial waters thereof, between January 9, 1962, and July 31, 1980; or (2) Johnston Atoll or a ship that went to Johnston Atoll between January 1, 1972, and September 30, 1977. Under a presumption of service-connection, specific diseases 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.

Additionally, the bill expands eligibility for hospital care, medical services, and nursing home care to veterans with a disability associated with exposure to certain herbicides during specified times of military service on Guam, American Samoa, or Johnston Atoll.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3368 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3368

To amend title 38, United States Code, to provide for a presumption of 
 service-connection for certain veterans exposed to certain herbicides 
       while serving in the Armed Forces, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

Mr. San Nicolas (for himself, Mr. Bilirakis, Ms. Chu, Mr. DeFazio, Mrs. 
     Demings, Ms. Escobar, Mr. Foster, Mr. Gallego, Mr. Harder of 
    California, Mr. Katko, Mr. Kilmer, Mr. Kim of New Jersey, Mrs. 
 Kirkpatrick, Mr. Mast, Ms. Norton, Ms. Omar, Mr. Pallone, Mr. Pappas, 
 Ms. Pressley, Mrs. Radewagen, Mr. Rush, Mr. Rutherford, Mr. Ryan, Mr. 
   Soto, Ms. Spanberger, Mr. Suozzi, Mr. Thompson of California, Ms. 
 Tlaib, Mr. Veasey, Mr. Welch, Mr. Zeldin, Mr. Massie, Mrs. Axne, and 
 Mr. Fitzpatrick) 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 
 service-connection for certain veterans exposed to certain herbicides 
       while serving in the Armed Forces, 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 ``Lonnie Kilpatrick Central Pacific 
Relief Act''.

SEC. 2. PRESUMPTIONS OF SERVICE-CONNECTION FOR CERTAIN VETERANS EXPOSED 
              TO CERTAIN HERBICIDES WHILE SERVING IN THE ARMED FORCES.

    (a) Expansion of Presumptions.--Section 1116(a)(1) of title 38, 
United States Code, is amended--
            (1) in subparagraph (A), by inserting after ``1975'' the 
        following: ``, served on Guam or American Samoa, or in the 
        territorial waters thereof, during the period beginning on 
        January 9, 1962, and ending on July 31, 1980, or served on 
        Johnston Atoll or on a ship that called at Johnston Atoll 
        during the period beginning on January 1, 1972, and ending on 
        September 30, 1977''; and
            (2) in subparagraph (B), by inserting after ``1975'' the 
        following: ``, served on Guam or American Samoa, or in the 
        territorial waters thereof, during the period beginning on 
        January 9, 1962, and ending on July 31, 1980, or served on 
        Johnston Atoll or on a ship that called at Johnston Atoll 
        during the period beginning on January 1, 1972, and ending on 
        September 30, 1977,''.
    (b) Eligibility for Hospital Care and Medical Services.--Section 
1710(e)(4) is amended by striking subparagraph (A) and inserting the 
following new subparagraph (A):
            ``(A) The term `Vietnam-era herbicide-exposed veteran' 
        means a veteran who--
                    ``(i) served on active duty--
                            ``(I) in the Republic of Vietnam during the 
                        period beginning on January 9, 1962, and ending 
                        on May 7, 1975;
                            ``(II) on Guam or American Samoa, or in the 
                        territorial waters thereof, the period 
                        beginning on January 9, 1962, and ending on 
                        July 31, 1980; or
                            ``(III) on Johnston Atoll or on a ship that 
                        called at Johnston Atoll during the period 
                        beginning on January 1, 1972, and ending on 
                        September 30, 1977; and
                    ``(ii) the Secretary finds may have been exposed 
                during such service to dioxin or was exposed during 
                such service to a toxic substance found in a herbicide 
                or defoliant used for military purposes during such 
                period.''.
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