Sec. 403. PRESUMPTIONS OF SERVICE CONNECTION FOR DISEASES ASSOCIATED WITH EXPOSURES TO CERTAIN HERBICIDE AGENTS FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS

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## SEC. 403 PRESUMPTIONS OF SERVICE CONNECTION FOR DISEASES ASSOCIATED WITH EXPOSURES TO CERTAIN HERBICIDE AGENTS FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS ###

(a)Short Title **[**[38 U.S.C. 101 note](/us/usc/t38/s101)**]** This section may be cited as the “Veterans Agent Orange Exposure Equity Act of 2022”. ###

(b)In General Section 1116, as amended by section 202, is further amended— ####

(1)by striking “, during active military, naval, air, or space service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975” each place it appears and inserting “performed covered service”; ####

(2)by striking “performed active military, naval, air, or space service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975” each place it appears and inserting “performed covered service”; and ####

(3)by adding at the end the following new subsection: > > ### “(d) > > In this section, the term ‘covered service’ means active military, naval, air, or space service— > > > #### “(1) > > performed in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; > > > #### “(2) > > performed in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962, and ending on June 30, 1976, without regard to where on the base the veteran was located or what military job specialty the veteran performed; > > > #### “(3) > > performed in Laos during the period beginning on December 1, 1965, and ending on September 30, 1969; > > > #### “(4) > > performed in Cambodia at Mimot or Krek, Kampong Cham Province during the period beginning on April 16, 1969, and ending on April 30, 1969; or > > > #### “(5) > > performed 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.” > . ###

(c)Eligibility for Hospital Care and Medical Services **[**[38 U.S.C. 1710](/us/usc/t38/s1710)**]** Section 1710(e)(4), as amended by section 102(c), is further amended by striking subparagraph

(A)and inserting the following new subparagraph: > > ##### “(A) > > The term ‘Vietnam-era herbicide-exposed veteran’ means a veteran who— > > > ###### “(i) > > performed covered service, as defined in section 1116(d) of this title; or > > > ###### “(ii) > > the Secretary finds may have been exposed during active military, naval, air, or space service to dioxin during the Vietnam era, regardless of the geographic area of such service, or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such era, regardless of the geographic area of such service.” > . ###

(d)Conforming Amendment **[**[38 U.S.C. 1101](/us/usc/t38/s1101)**]** The heading for section 1116 is amended by striking “the Republic of Vietnam” and inserting “certain locations”. ###

(e)Effective Date and Applicability **[**[38 U.S.C. 1116 note](/us/usc/t38/s1116)**]** The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply as follows: ####

(1)On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are— #####

(A)terminally ill; #####

(B)homeless; #####

(C)under extreme financial hardship; #####

(D)more than 85 years old; or #####

(E)capable of demonstrating other sufficient cause. ####

(2)On October 1, 2022, for everyone not described in paragraph (1).

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Sec. 403