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Senate Bill 2038
115th Congress(2017-2018)
Fairness for Korean DMZ Veterans Act of 2017
Introduced
Introduced
Introduced in Senate on Oct 31, 2017
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Introduced in Senate 
Oct 31, 2017
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Introduced in Senate(Oct 31, 2017)
Oct 31, 2017
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S. 2038 (Introduced-in-Senate)


115th CONGRESS
1st Session
S. 2038


To amend title 38, United States Code, to provide for a presumption of herbicide exposure for certain veterans who served in Korea, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 31, 2017

Mr. Moran (for himself, Mr. Tester, Mr. Blumenthal, Mr. Brown, Mr. Wyden, and Ms. Collins) 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 for a presumption of herbicide exposure for certain veterans who served in Korea, 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 “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:

Ҥ 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.”.