[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1195 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1195

To amend title 38, United States Code, to clarify presumptions relating 
 to the exposure of certain veterans who served in the vicinity of the 
              Republic of Vietnam, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

Mrs. Gillibrand (for herself, Mr. Daines, Mr. Tester, Ms. Cortez Masto, 
Mr. Portman, Mr. Schumer, Mr. Cramer, Mr. Brown, Mr. Wyden, Mr. Jones, 
  Ms. Murkowski, Ms. Rosen, Ms. Sinema, Mr. Bennet, Ms. Cantwell, Ms. 
 Warren, Mr. Merkley, Mr. Blumenthal, Mr. Hoeven, Mrs. Feinstein, Mr. 
 Rounds, Mr. Coons, Mr. Gardner, Mr. Peters, Mr. Boozman, Ms. Hirono, 
  Mr. Schatz, Mr. Udall, Ms. Smith, Ms. Klobuchar, Mr. Rubio, and Mr. 
   Menendez) 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 clarify presumptions relating 
 to the exposure of certain veterans who served in the vicinity of the 
              Republic of 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. SHORT TITLE.

    This Act may be cited as the ``Blue Water Navy Vietnam Veterans Act 
of 2019''.

SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO 
              SERVED IN VICINITY OF REPUBLIC OF VIETNAM.

    (a) Compensation.--Subsections (a)(1) and (f) of section 1116 of 
title 38, United States Code, are amended by inserting ``(including the 
territorial seas of such Republic pursuant to the maximum extent 
authorized by international law)'' after ``served in the Republic of 
Vietnam'' each place it appears.
    (b) Health Care.--Section 1710(e)(4) of such title is amended by 
inserting ``(including the territorial seas of such Republic pursuant 
to the maximum extent authorized by international law)'' after ``served 
on active duty in the Republic of Vietnam''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as of September 25, 1985.

SEC. 3. 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.''.

SEC. 4. 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) Conforming Amendment to Definition of ``Child''.--Section 
1831(1) of such title is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``subchapter III of this chapter'' 
                and inserting ``section 1821 of this title''; and
                    (B) in clause (i), by striking ``section 1821 of 
                this title'' and inserting ``that section''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) For purposes of section 1822 of this title, 
                an individual, regardless of age or marital status, 
                who--
                            ``(i) is the natural child of a veteran of 
                        covered service in Thailand (as determined for 
                        purposes of that section); and
                            ``(ii) was conceived after the date on 
                        which that veteran first entered service 
                        described in subsection (c) of that section.''.
    (c) 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.''.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
consultation with the Secretary of Defense, shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a report identifying--
            (1) the military installations of the United States located 
        in Thailand during the period beginning on January 9, 1962, and 
        ending on May 7, 1975, at which an herbicide agent (as defined 
        in section 1822 of title 38, United States Code, as added by 
        subsection (a)) was actively used; and
            (2) the period of such use.

SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the House of Representatives and the Senate an 
updated report on the findings, as of the date of the updated report, 
of the Follow-Up Study of a National Cohort of Gulf War and Gulf Era 
Veterans under the epidemiology program of the Department of Veterans 
Affairs.
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