[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 203 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 203

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

Mr. David P. Roe of Tennessee introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
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 2019''.

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, 2020, 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, 2020, 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 title 38, 
        United States Code, the Secretary of Veterans Affairs may issue 
        guidance to implement section 1116A of such title, as added by 
        subsection (a), before prescribing new regulations under such 
        section.
            (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, 2021, and not later than 
January 1, 2023, 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, 2020.

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, 2020.

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, 2020.

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, 2020)
(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, 2020, and before
 December 1, 2028)
(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, 2028, and
 before October 1, 2029)
(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, 2029)
(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, 2020)
(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, 2020, and before December 1, 2028)
(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, 2028, and before October 1, 2029)
(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, 2029)
(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, 2020)
(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, 2020, and before
 December 1, 2028)
(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, 2028, and before
 October 1, 2029)
(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, 2029)
(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, 2020)
(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, 2020, and before
 December 1, 2028)
(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, 2028, and before
 October 1, 2029)
(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, 2029)
(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, 2020, 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, 2020.
    (e) Guidance.--Notwithstanding section 501 of such title, the 
Secretary of Veterans Affairs may issue guidance to implement the 
amendments made by this section before prescribing new regulations 
under sections 3703 and 3729 of such title, as so amended.

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, 2020.
    (c) Guidance.--Notwithstanding section 501 of such title, the 
Secretary of Veterans Affairs may issue guidance to implement section 
3731(b)(3) of title 38, United States Code, as added by subsection (a), 
before prescribing new regulations under such section.
                                 <all>