S 873

112th CONGRESS
1st Session

S. 873

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

May 3, 2011

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 for children of veterans of certain other service with spina bifida.'.

END