H.R. 3605House115th Congress (2017-2019)In Committee

Fairness for Korean DMZ Veterans Act of 2017

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

AI-Generated Summary

Updated April 15, 2026 at 5:41 PM UTC

The Fairness for Korean DMZ Veterans Act of 2017 would change veterans’ benefits law to treat certain illnesses as automatically linked to military service for veterans who served in or near the Korean Demilitarized Zone between September 1, 1967 and August 31, 1971. It creates a legal presumption that these veterans were exposed to herbicides, so they can receive disability compensation for specified diseases even if there is no direct medical record of exposure.

Key Provisions

Adds a new Section 1116A to Title 38, establishing a presumption of service‑connection for diseases linked to herbicide exposure for veterans who served in/near the Korean DMZ during the specified dates.
Specifies that any disease listed in the existing law (Section 1116) or any additional disease the Secretary of Veterans Affairs determines is associated with herbicide exposure can be presumed service‑connected.
Allows the Secretary, through regulations, to identify additional diseases and set the time frame in which those diseases must appear to qualify for the presumption.
Updates the table of sections in Chapter 11 of Title 38 to include the new Section 1116A.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

July 28, 2017

View full timeline

HouseIntro Referral

Introduced in House

July 28, 2017

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

July 28, 2017

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

July 28, 2017

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in HouseIssued July 28, 2017

115th CONGRESS

1st Session

H. R. 3605

IN THE HOUSE OF REPRESENTATIVES

July 28, 2017

Mr. MacArthur (for himself, Mr. Allen, Mr. Lance, and Mr. Costello of Pennsylvania) introduced the following bill; which was 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.

Short title

This Act may be cited as the Fairness for Korean DMZ Veterans Act of 2017.

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:

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.