PolicyBrief
H.R. 2149
119th CongressMar 14th 2025
Correcting Guam’s History in the PACT Act
IN COMMITTEE

This bill expands eligibility for veterans who served in Guam or American Samoa between August 15, 1958, and July 31, 1980, to receive presumption of service connection for diseases associated with herbicide exposure.

James (Jim) Moylan
R

James (Jim) Moylan

Representative

GU

LEGISLATION

PACT Act Fix Proposed: Easier Benefit Access for Vets Exposed to Herbicides in Guam, American Samoa (1958-1980)

A new bill, tagged the "Correcting Guams History in the PACT Act," aims to adjust federal law concerning veterans' benefits. Specifically, it amends Title 38 of the U.S. Code (Section 1116(d)(5)) to broaden eligibility for what's called a "presumption of service connection" for certain diseases. This change would apply to veterans who served in Guam or American Samoa between August 15, 1958, and July 31, 1980, potentially making it easier for them to access VA benefits for conditions linked to herbicide exposure.

Closing a Gap: What Changes for Guam & Samoa Vets

This legislation directly addresses veterans who served on the ground in Guam or American Samoa during a specific 22-year window. The core change involves adding these locations and this timeframe to a list where the Department of Veterans Affairs (VA) is instructed to presume that certain health conditions are connected to military service, specifically due to likely exposure to herbicide agents (chemicals like Agent Orange used for defoliation). Currently, veterans seeking benefits often need to provide evidence linking their illness directly to exposure during service, which can be difficult decades later. This bill shifts that burden for this specific group.

From Burden of Proof to Presumed Connection

So what does "presumption of service connection" actually mean for a veteran? Instead of needing to gather extensive proof that their specific duties involved herbicide exposure and that this exposure caused their later illness, this bill simplifies the process. If a veteran served in Guam or American Samoa between August 1958 and July 1980 and later develops one of the diseases the VA recognizes as associated with herbicide exposure, this legislation directs the VA to assume the service connection. This doesn't guarantee benefits, as other eligibility criteria still apply, but it removes a significant hurdle many veterans face when filing claims.

Why This Matters: Health and Recognition

For veterans who served in these locations during the specified period and have struggled with health issues potentially linked to herbicides, this bill could open doors to VA healthcare and disability compensation they previously couldn't access. It essentially acknowledges that the service environment in Guam and American Samoa during that era may have posed risks similar to those faced by veterans in other locations already covered by such presumptions. By amending Section 1116(d)(5) of Title 38, the bill seeks to provide a clearer path to support for veterans facing long-term health consequences potentially tied to their service.