[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 299 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 299
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2018
Received
June 28, 2018
Read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to clarify presumptions relating
to the exposure of certain veterans who served in the vicinity of the
Republic of 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. SHORT TITLE.
This Act may be cited as the ``Blue Water Navy Vietnam Veterans Act
of 2018''.
SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO
SERVED IN VICINITY OF REPUBLIC OF VIETNAM.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by inserting after section 1116 the following new section:
``Sec. 1116A. Presumptions of service connection for veterans who
served offshore of the Republic of Vietnam
``(a) Service Connection.--For the purposes of section 1110 of this
title, and subject to section 1113 of this title, a disease covered by
section 1116 of this title becoming manifest as specified in that
section in a veteran who, during active military, naval, or air
service, served offshore of the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975, shall be
considered to have been incurred in or aggravated by such service,
notwithstanding that there is no record of evidence of such disease
during the period of such service.
``(b) Exposure.--A veteran who, during active military, naval, or
air service, served offshore of the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7, 1975, shall
be presumed to have been exposed during such service to an herbicide
agent unless there is affirmative evidence to establish that the
veteran was not exposed to any such agent during that service.
``(c) Effective Date of Award.--(1) Except as provided by paragraph
(2), the effective date of an award under this section shall be
determined in accordance with section 5110 of this title.
``(2)(A) Notwithstanding subsection (g) of section 5110 of this
title, the Secretary shall determine the effective date of an award
based on a claim under this section for an individual described in
subparagraph (B) by treating the date on which the individual filed the
prior claim specified in clause (i) of such subparagraph as the date on
which the individual filed the claim so awarded under this section.
``(B) An individual described in this subparagraph is a veteran, or
a survivor of a veteran, who meets the following criteria:
``(i) The veteran or survivor submitted a claim for
disability compensation on or after September 25, 1985, and
before January 1, 2019, for a disease covered by this section,
and the claim was denied by reason of the claim not
establishing that the disease was incurred or aggravated by the
service of the veteran.
``(ii) The veteran or survivor submits a claim for
disability compensation on or after January 1, 2019, for the
same condition covered by the prior claim under clause (i), and
the claim is approved pursuant to this section.
``(d) Determination of Offshore.--Notwithstanding any other
provision of law, for purposes of this section, the Secretary shall
treat a location as being offshore of Vietnam if the location is not
more than 12 nautical miles seaward of a line commencing on the
southwestern demarcation line of the waters of Vietnam and Cambodia and
intersecting the following points:
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
``Points Geographic Names North East
----------------------------------------------------------------------------------------------------------------
At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province 915.0' 10327.0'
----------------------------------------------------------------------------------------------------------------
At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 822.8' 10452.4'
----------------------------------------------------------------------------------------------------------------
At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 837.8' 10637.5'
----------------------------------------------------------------------------------------------------------------
At Bong Lai Islet, Con Dao Islet 838.9' 10640.3'
----------------------------------------------------------------------------------------------------------------
At Bay Canh Islet, Con Dao Islet 839.7' 10642.1'
----------------------------------------------------------------------------------------------------------------
At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 958.0' 1095.0'
----------------------------------------------------------------------------------------------------------------
At Hon Doi Islet, Thuan Hai Province 1239.0' 10928.0'
----------------------------------------------------------------------------------------------------------------
At Dai Lanh point, Phu Khanh Province 1253.8' 10927.2'
----------------------------------------------------------------------------------------------------------------
At Ong Can Islet, Phu Khanh Province 1354.0' 10921.0'
----------------------------------------------------------------------------------------------------------------
At Ly Son Islet, Nghia Binh Province 1523.1' 109 9.0'
----------------------------------------------------------------------------------------------------------------
At Con Co Island, Binh Tri Thien Province 1710.0' 10720.6'
----------------------------------------------------------------------------------------------------------------
``(e) Herbicide Agent.--In this section, the term `herbicide agent'
has the meaning given that term in section 1116 (a)(3) 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. Presumptions of service connection for veterans who served
offshore of the Republic of Vietnam.''.
(c) Implementation.--
(1) Guidance.--Notwithstanding section 501 of such title,
the Secretary of Veterans Affairs may issue guidance to
implement section 1116A of title 38, United States Code, as
added by subsection (a).
(2) Updates.--On a quarterly basis during the period
beginning on the date of the enactment of this Act and ending
on the date on which regulations are prescribed to carry out
such section 1116A, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate updates on the status of such regulations.
(3) Pending cases.--
(A) Authority to stay.--The Secretary may stay a
claim described in subparagraph (B) until the date on
which the Secretary commences the implementation of
such section 1116A.
(B) Claims described.--A claim described in this
subparagraph is a claim for disability compensation--
(i) relating to the service and diseases
covered by such section 1116A; and
(ii) that is pending at the Veterans
Benefits Administration or the Board of
Veterans' Appeals on or after the date of the
enactment of this Act and before the date on
which the Secretary commences the
implementation of such section 1116A.
(d) Outreach.--
(1) Requirement.--The Secretary of Veterans Affairs shall
conduct outreach to inform veterans described in paragraph (2)
of the ability to submit a claim for disability compensation
under section 1116A of title 38, United States Code, as added
by subsection (a).
(2) Veteran described.--A veteran described in this
paragraph is a veteran who, during active military, naval, or
air service, served offshore of the Republic of Vietnam during
the period beginning on January 9, 1962, and ending on May 7,
1975.
(e) Reports.--Not later than January 1, 2020, and not later than
January 1, 2022, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on claims for disability compensation under section
1116A of title 38, United States Code, as added by subsection (a). Each
report shall include the following with respect to the period covered
by the report, disaggregated by the regional offices of the Department
of Veterans Affairs:
(1) The number of claims filed under such section.
(2) The number of such claims granted.
(3) The number of such claims denied.
(f) Health Care.--Section 1710(e)(4) of title 38, United States
Code, is amended by inserting ``(including offshore of such Republic as
described in section 1116A(d) of this title)'' after ``served on active
duty in the Republic of Vietnam''.
(g) Effective Date.--The amendments made by this section shall take
effect on January 1, 2019.
SEC. 3. 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 1116A, as added by section 2, the
following new section:
``Sec. 1116B. 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
1116A, as added by section 2, the following new item:
``1116B. Presumption of herbicide exposure for certain veterans who
served in Korea.''.
(c) Pending Cases.--
(1) Authority to stay.--The Secretary may stay a claim
described in subparagraph (B) until the date on which the
Secretary commences the implementation of section 1116B of
title 38, United States Code, as added by subsection (a).
(2) Claims described.--A claim described in this
subparagraph is a claim for disability compensation--
(A) relating to the service and diseases covered by
such section 1116B; and
(B) that is pending at the Veterans Benefits
Administration or the Board of Veterans' Appeals on or
after the date of the enactment of this Act and before
the date on which the Secretary commences the
implementation of such section 1116B.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2019.
SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN
WITH SPINA BIFIDA.
(a) In General.--Subchapter III of chapter 18 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1822. Benefits for children of certain Thailand service veterans
born with spina bifida
``(a) Benefits Authorized.--The Secretary may provide to any child
of a veteran of covered service in Thailand who is suffering from spina
bifida the health care, vocational training and rehabilitation, and
monetary allowance required to be paid to a child of a Vietnam veteran
who is suffering from spina bifida under subchapter I of this chapter
as if such child of a veteran of covered service in Thailand were a
child of a Vietnam veteran who is suffering from spina bifida under
such subchapter.
``(b) Spina Bifida Conditions Covered.--This section applies with
respect to all forms and manifestations of spina bifida, except spina
bifida occulta.
``(c) Veteran of Covered Service in Thailand.--For purposes of this
section, a veteran of covered service in Thailand is any individual,
without regard to the characterization of that individual's service,
who--
``(1) served in the active military, naval, or air service
in Thailand, as determined by the Secretary in consultation
with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
``(2) is determined by the Secretary, in consultation with
the Secretary of Defense, to have been exposed to a herbicide
agent during such service in Thailand.
``(d) Herbicide Agent.--For purposes of this section, the term
`herbicide agent' means a chemical in a herbicide used in support of
United States and allied military operations in Thailand, as determined
by the Secretary in consultation with the Secretary of Defense, during
the period beginning on January 9, 1962, and ending on May 7, 1975.''.
(b) Conforming Amendment to Definition of ``Child''.--Section
1831(1) of such title is amended--
(1) in subparagraph (B)--
(A) by striking ``subchapter III of this chapter''
and inserting ``section 1821 of this title''; and
(B) in clause (i), by striking ``section 1821 of
this title'' and inserting ``that section''; and
(2) by adding at the end the following new subparagraph:
``(C) For purposes of section 1822 of this title,
an individual, regardless of age or marital status,
who--
``(i) is the natural child of a veteran of
covered service in Thailand (as determined for
purposes of that section); and
``(ii) was conceived after the date on
which that veteran first entered service
described in subsection (c) of that section.''.
(c) Clerical Amendments.--
(1) Subchapter heading.--The heading for subchapter III of
chapter 18 of such title is amended by inserting ``AND
THAILAND'' after ``KOREA''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended--
(A) by striking the item relating to subchapter III
and inserting the following new item:
``subchapter iii--children of certain korea and thailand service
veterans born with spina bifida'';
and
(B) by inserting after the item relating to section
1821 the following new item:
``1822. Benefits for children of certain Thailand service veterans born
with spina bifida.''.
(d) Pending Cases.--
(1) Authority to stay.--The Secretary may stay a claim
described in subparagraph (B) until the date on which the
Secretary commences the implementation of section 1822 of title
38, United States Code, as added by subsection (a).
(2) Claims described.--A claim described in this
subparagraph is a claim for benefits--
(A) relating to the spina bifida and service
covered by such section 1822; and
(B) that is pending at the Veterans Benefits
Administration or the Board of Veterans' Appeals on or
after the date of the enactment of this Act and before
the date on which the Secretary commences the
implementation of such section 1822.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report identifying--
(1) the military installations of the United States located
in Thailand during the period beginning on January 9, 1962, and
ending on May 7, 1975, at which an herbicide agent (as defined
in section 1822 of title 38, United States Code, as added by
subsection (a)) was actively used; and
(2) the period of such use.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2019.
SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the Senate an
updated report on the findings, as of the date of the updated report,
of the Follow-up Study of a National Cohort of Gulf War and Gulf Era
Veterans under the epidemiology program of the Department of Veterans
Affairs.
SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Adjustment of Loan Limit.--Section 3703(a)(1) of title 38,
United States Code, is amended--
(1) in subparagraph (A)(i)(IV)--
(A) by striking ``the lesser of''; and
(B) by striking ``or 25 percent of the loan''; and
(2) in subparagraph (C), by striking ``Freddie Mac'' and
all that follows through the period at the end and inserting
``amount of the loan.''.
(b) Loan Fees.--Section 3729(b)(2) of such title is amended by
striking the loan fee table and inserting the following:
----------------------------------------------------------------------------------------------------------------
``Type of loan Active duty veteran Reservist Other obligor
----------------------------------------------------------------------------------------------------------------
(A)(i) Initial loan described in section 3710(a) 2.15 2.40 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after October 1, 2004, and before
January 1, 2019)
(A)(ii) Initial loan described in section 3710(a) 2.40 2.40 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after January 1, 2019, and before
December 1, 2027)
(A)(iii) Initial loan described in section 2.15 2.15 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other initial loan described in
section 3710(a) other than with 5-down or 10-
down (closed on or after December 1, 2027, and
before October 1, 2028)
(A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after October 1, 2028)
(B)(i) Subsequent loan described in section 3.30 3.30 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after October
1, 2004, and before January 1, 2019)
(B)(ii) Subsequent loan described in section 3.80 3.80 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after January
1, 2019, and before December 1, 2027)
(B)(iii) Subsequent loan described in section 3.30 3.30 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after December
1, 2027, and before October 1, 2028)
(B)(iv) Subsequent loan described in section 1.25 1.25 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after October
1, 2028)
(C)(i) Loan described in section 3710(a) to 1.50 1.75 NA
purchase or construct a dwelling with 5-down
(closed before January 1, 2019)
(C)(ii) Loan described in section 3710(a) to 1.75 1.75 NA
purchase or construct a dwelling with 5-down
(closed on or after January 1, 2019, and before
December 1, 2027)
(C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA
purchase or construct a dwelling with 5-down
(closed on or after December 1, 2027, and before
October 1, 2028)
(C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA
purchase or construct a dwelling with 5-down
(closed on or after October 1, 2028)
(D)(i) Loan described in section 3710(a) to 1.25 1.50 NA
purchase or construct a dwelling with 10-down
(closed before January 1, 2019)
(D)(ii) Loan described in section 3710(a) to 1.45 1.45 NA
purchase or construct a dwelling with 10-down
(closed on or after January 1, 2019, and before
December 1, 2027)
(D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA
purchase or construct a dwelling with 10-down
(closed on or after December 1, 2027, and before
October 1, 2028)
(D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA
purchase or construct a dwelling with 10-down
(closed on or after October 1, 2028)
(E) Interest rate reduction refinancing loan 0.50 0.50 NA
(F) Direct loan under section 3711 1.00 1.00 NA
(G) Manufactured home loan under section 3712 1.00 1.00 NA
(other than an interest rate reduction
refinancing loan)
(H) Loan to Native American veteran under section 1.25 1.25 NA
3762 (other than an interest rate reduction
refinancing loan)
(I) Loan assumption under section 3714 0.50 0.50 0.50
(J) Loan under section 3733(a) 2.25 2.25 2.25''.
----------------------------------------------------------------------------------------------------------------
(c) Waiver of Fees for Purple Heart Recipients; Collection of
Certain Loan Fees.--Section 3729(c) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``A fee'' and inserting ``Subject
to paragraph (3), a fee'';
(B) by striking ``or from a surviving spouse'' and
inserting ``, from a surviving spouse''; and
(C) by inserting before the period at the end the
following: ``, or from a member of the Armed Forces
serving on active duty who was awarded the Purple
Heart''.
(2) by adding at the end the following new paragraph:
``(3) A fee shall be collected under this section from any veteran
with a service-connected disability rated as less than total, any
surviving spouse of such a veteran, and any member of the Armed Forces
who, on or after January 1, 2019, receives a loan in an amount that
exceeds the Freddie Mac conforming loan limit limitation determined
under section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted
for the year involved.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to a loan guaranteed under section 3710 of title 38,
United States Code, on or after January 1, 2019.
(e) Guidance.--Notwithstanding section 501 of such title, the
Secretary of Veterans Affairs may issue guidance to implement this
section before prescribing new regulations under sections 3703 and 3729
of such title, as amended by subsections (a), (b), and (c).
SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF VETERANS AFFAIRS HOME
LOAN APPRAISALS.
(a) In General.--Section 3731(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(3) The Secretary shall permit an appraiser on a list developed
and maintained under subsection (a)(3) to make an appraisal for the
purposes of this chapter based solely on information gathered by a
person with whom the appraiser has entered into an agreement for such
services.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to an appraisal under section 3731 of such title, on
or after January 1, 2019.
(c) Guidance.--Notwithstanding section 501 of such title, the
Secretary of Veterans Affairs may issue guidance to implement this
section before prescribing new regulations under sections 3731 of such
title, as amended by subsection (a).
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk.