[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3953 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3953

To amend title 38, United States Code, to provide benefits for children 
 with spina bifida of veterans exposed to herbicides while serving in 
the Armed Forces during the Vietnam era outside Vietnam, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2010

   Mr. Akaka 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 benefits for children 
 with spina bifida of veterans exposed to herbicides while serving in 
the Armed Forces during the Vietnam era outside Vietnam, 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. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF ALL VETERANS 
              EXPOSED TO HERBICIDES DURING VIETNAM ERA.

    (a) In General.--Section 1821 of title 38, United States Code, is 
amended--
            (1) in subsection (a), by striking ``in Korea'' both places 
        it appears;
            (2) by striking subsection (c) and inserting the following 
        new subsection (c):
    ``(c) Veteran of Covered Service.--For purposes of this section, a 
veteran of covered service is any individual as follows:
            ``(1) An individual, without regard to the characterization 
        of that individual's service, who--
                    ``(A) served in the active military, naval, or air 
                service in or near the Korean demilitarized zone (DMZ), 
                as determined by the Secretary in consultation with the 
                Secretary of Defense, during the period beginning on 
                September 1, 1967, and ending on August 31, 1971; and
                    ``(B) is determined by the Secretary, in 
                consultation with the Secretary of Defense, to have 
                been exposed to a herbicide agent during such service 
                in or near the Korean demilitarized zone.
            ``(2) An individual, without regard to the characterization 
        of that individual's service, who--
                    ``(A) served in the active military, naval, or air 
                service during the Vietnam era at a location outside 
                the Republic of Vietnam where exposure to a herbicide 
                agent during such service was likely, as determined by 
                the Secretary in consultation with the Secretary of 
                Defense; and
                    ``(B) is determined by the Secretary, in 
                consultation with the Secretary of Defense, to have 
                been exposed to a herbicide agent during such service 
                in or near such location.''; and
            (3) in subsection (d)--
                    (A) by striking ``means'' and inserting ``means the 
                following:
            ``(1) In the case of a veteran of covered service described 
        in subsection (c)(1),''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) In the case of a veteran of covered service described 
        in subsection (c)(2), a chemical in a herbicide used in support 
        of United States and allied military operations in or near a 
        location outside the Republic of Vietnam where exposure to a 
        herbicide agent was likely, as determined by the Secretary in 
        consultation with the Secretary of Defense, during the period 
        beginning on February 28, 1961, and ending on May 7, 1975.''.
    (b) Conforming Amendments.--
            (1) Definitions.--Section 1831 of such title is amended--
                    (A) in paragraph (1)(B)(i), by striking ``in 
                Korea''; and
                    (B) in paragraph (3)(B), by striking ``subchapter 
                II'' and inserting ``subchapter II or III''
            (2) Subchapter heading.--The heading for subchapter III of 
        chapter 18 of such title is amended to read as follows: 
        ``CHILDREN OF CERTAIN OTHER VETERANS BORN WITH SPINA BIFIDA''.
            (3) Section heading.--The heading for section 1821 of such 
        title is amended to read as follows: ``Benefits for children of 
        veterans of certain other service with spina bifida''.
            (4) Table of sections.--The table of sections at the 
        beginning of such chapter 18 is amended--
                    (A) by striking the item relating to subchapter III 
                and inserting the following:

 ``subchapter iii--children of certain other veterans born with spina 
                               bifida'';

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

``1821. Benefits of children of veterans of certain other service with 
                            spina bifida.''.
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