116th CONGRESS 1st Session |
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.
March 13, 2019
Mr. San Nicolas (for himself, Mr. Bilirakis, Mrs. Radewagen, and Mr. Pallone) introduced the following bill; which was referred to the Committee on Veterans' Affairs
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,
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) 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.”.