[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 299 Reported in House (RH)]
<DOC>
Union Calendar No. 36
116th CONGRESS
1st Session
H. R. 299
[Report No. 116-58]
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 8, 2019
Mr. Takano (for himself, Mr. Courtney, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Serrano, Mr. Neal, Mr. Peters, Mrs. Davis of
California, Mr. McEachin, Mrs. Dingell, Ms. Kuster of New Hampshire,
Mr. Bishop of Georgia, Ms. Norton, Ms. Gabbard, Ms. Brownley of
California, Mr. Lipinski, Mrs. Napolitano, Mr. Loebsack, Mr. Engel, Ms.
Meng, Mr. DeFazio, Mr. Langevin, Ms. McCollum, Mr. Connolly, Ms. Clarke
of New York, Mr. Tonko, Mr. Brown of Maryland, Ms. Schakowsky, Mr.
Massie, Mrs. Watson Coleman, Mr. Michael F. Doyle of Pennsylvania, Miss
Rice of New York, Mr. Beyer, Mr. Katko, Mrs. Murphy, Mr. Sean Patrick
Maloney of New York, Mr. Carbajal, Mr. Kildee, Mr. Ryan, Mr. Sablan,
Ms. Stefanik, Mr. Sires, Mr. Pallone, Ms. Velazquez, Mr. Lawson of
Florida, Ms. Pingree, Mr. Pocan, Mrs. Beatty, Mr. Cisneros, Mr.
Garamendi, Mr. Correa, Mr. Hastings, Mr. Espaillat, Mr. Perlmutter, Ms.
Adams, Mr. Rush, Ms. Titus, Mr. Thompson of Mississippi, Mr.
Cartwright, Ms. Kelly of Illinois, Mr. Schneider, Mr. Cicilline, Mr.
Aguilar, Mr. Duncan, Mr. O'Halleran, Mr. Cohen, Mr. Khanna, Mr.
Fortenberry, Mr. Gonzalez of Texas, Mr. Welch, Mr. Bost, Mr. Soto, Mr.
Swalwell of California, Mr. Lynch, Mr. Foster, Ms. Bonamici, Mr.
Pascrell, Mr. Lamb, Mr. Barr, Mr. Scott of Virginia, Mr. Bilirakis, Mr.
Cardenas, Mr. Cook, and Mr. Palazzo) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
May 10, 2019
Additional sponsors: Mr. Schrader, Mr. Larson of Connecticut, Ms.
Moore, Mr. Castro of Texas, Mr. Smith of New Jersey, Mr. Mooney of West
Virginia, Mr. Mullin, Mr. King of Iowa, Mr. Panetta, Mr. Larsen of
Washington, Mr. Smith of Washington, Mr. Kilmer, Mr. Kennedy, Mr. Joyce
of Ohio, Mr. Ruppersberger, Mr. Hill of Arkansas, Mr. Zeldin, Mr.
Marino, Ms. Sewell of Alabama, Mr. Crist, Mr. Rodney Davis of Illinois,
Mr. Delgado, Mrs. Brooks of Indiana, Mr. Marshall, Mr. Rutherford, Mr.
McGovern, Mr. LaHood, Mr. Peterson, Mr. Fitzpatrick, Mr. Olson, Mr.
Grothman, Mr. Jones, Mr. Sarbanes, Mr. Kelly of Pennsylvania, Mr.
Young, Mr. Johnson of Ohio, Mr. Van Drew, Mrs. Lowey, Mr. Duffy, Mr.
Byrne, Mr. Buchanan, Mr. Babin, Mr. Payne, Mr. Gibbs, Mr.
Sensenbrenner, Mr. Cole, Mr. Gianforte, Mr. Thompson of Pennsylvania,
Mr. Kinzinger, Mr. Quigley, Ms. Waters, Mr. Thompson of California, Mr.
Sherman, Mr. Westerman, Mr. Posey, Mrs. Torres of California, Mrs.
Walorski, Mr. Kind, Mr. DeSaulnier, Mr. Reschenthaler, Mrs. Lesko, Mr.
Bergman, Mr. Bacon, Mr. Turner, Mrs. Lee of Nevada, Mr. Mast, Mr.
Gallagher, Mr. Tipton, Mr. Kevin Hern of Oklahoma, Mr. Mitchell, Mr.
Lowenthal, Mr. Visclosky, Mr. Rouzer, Mr. Spano, Mr. David Scott of
Georgia, Mr. Brindisi, Mr. Case, Miss Gonzalez-Colon of Puerto Rico,
Mr. Meadows, Mrs. Bustos, Mr. Crow, Mr. Smith of Missouri, Mr. Kim, Mr.
Crawford, Mr. Hurd of Texas, Mr. Burgess, Mr. Meuser, Mr. Heck, Mr.
Pappas, Mr. Steube, Mr. Latta, Ms. Wexton, Mr. Watkins, Mr. King of New
York, Mr. Rose of New York, Mr. McClintock, Mr. Webster of Florida, Ms.
Sherrill, Ms. Shalala, Mr. Horsford, Mrs. Miller, Mrs. Kirkpatrick, Ms.
Wild, Mr. Guthrie, Mr. Simpson, Ms. Haaland, Mr. Gaetz, Mr. Amash, Mr.
Joyce of Pennsylvania, Mr. Suozzi, Mr. Collins of New York, Mr.
Gohmert, Mrs. Hartzler, Mr. Gallego, Ms. Granger, Mr. Graves of
Missouri, Ms. Dean, Mr. Yarmuth, Ms. Houlahan, Ms. Kaptur, Mr.
Malinowski, Mr. Deutch, Mr. Higgins of New York, Mr. McKinley, Mrs.
Carolyn B. Maloney of New York, Mr. McCaul, Ms. Matsui, Ms. Hill of
California, Ms. DeGette, Mr. Levin of California, Mr. Riggleman, Mr.
Baird, Mr. Perry, Ms. Garcia of Texas, Mr. Hunter, Mrs. Luria, Mr.
Richmond, Mr. Weber of Texas, Ms. Wilson of Florida, Mr. Himes, Ms.
Underwood, Mr. Walden, Mr. Lujan, Mr. Carson of Indiana, Ms. Mucarsel-
Powell, Mr. Gonzalez of Ohio, Mr. Amodei, Mr. Rice of South Carolina,
Mr. Bishop of Utah, Mr. Norman, Ms. Kendra S. Horn of Oklahoma, Mr.
Raskin, Mr. Doggett, Mr. Schiff, Mr. LaMalfa, Mr. Levin of Michigan,
Mr. Ruiz, Mr. Walberg, Mr. Norcross, Ms. Porter, Mr. Ted Lieu of
California, Ms. Scanlon, Ms. Slotkin, Mr. Stauber, Ms. Omar, Ms.
Herrera Beutler, Mr. Garcia of Illinois, Mr. Allred, Mrs. Axne, Ms.
DelBene, Ms. Castor of Florida, Mr. Cunningham, Mr. Holding, Mr. Smith
of Nebraska, Mr. Gottheimer, Ms. Bass, Mr. Hudson, Mr. Lucas, Mrs.
Radewagen, Mr. Newhouse, Ms. Roybal-Allard, Mr. Cline, Ms. Finkenauer,
Mr. Graves of Louisiana, Mr. Steil, Mrs. Craig, Mr. Harder of
California, Mr. Emmer, Mr. Krishnamoorthi, Ms. Johnson of Texas, Mr.
Vargas, Mr. Hagedorn, Mr. Vela, Ms. Lofgren, Mr. Wittman, Mr. Costa,
Mr. Price of North Carolina, Mr. Calvert, Mr. Long, Mr. Morelle, Mr.
Phillips, Ms. Speier, Mr. Reed, Mr. San Nicolas, Mr. Bera, Mr.
Griffith, Mr. Danny K. Davis of Illinois, Mr. Johnson of Georgia, Mr.
Marchant, Mr. Gooden, Ms. Judy Chu of California, Ms. DeLauro, Ms.
Torres Small of New Mexico, Mr. Armstrong, Mr. Upton, Mr. Pence, Mr.
Abraham, Mr. Moulton, Ms. Spanberger, Ms. Escobar, Mr. Rouda, Ms.
Jackson Lee, Mr. Cuellar, Mrs. Rodgers of Washington, Mr. Cleaver, Mr.
Cox of California, Mr. Williams, Mr. Stivers, Ms. Stevens, Mr. Taylor,
Mr. Brady, Mr. Golden, Mrs. Trahan, Mr. Cummings, Mr. Veasey, Mr.
Casten of Illinois, Ms. Clark of Massachusetts, Ms. Blunt Rochester,
Mr. Jordan, Mr. Arrington, Mr. Shimkus, Ms. Schrier, Mrs. Hayes, Mr.
Green of Tennessee, Mr. Cloud, Mr. Timmons, Mr. Fleischmann, Ms.
Wasserman Schultz, Mr. Blumenauer, Mr. Stanton, and Ms. Pressley
May 10, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
8, 2019]
_______________________________________________________________________
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
``Points Geographic Names North Longitude 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), before prescribing new regulations
under such section.
(2) Updates.--(A) Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate regarding the plans of the
Secretary--
(i) to conduct outreach under subsection (d); and
(ii) to respond to inquiries from veterans
regarding claims for disability compensation under
section 1116A of title 38, United States Code, as added
by subsection (a) of this section.
(B) 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). Such outreach shall include the following:
(A) The Secretary shall publish on the website of
the Department a notice that a veterans described in
paragraph (2) may submit or resubmit a claim for
disability compensation under such section 1116A.
(B) The Secretary shall notify in writing the
veteran service organization community of the ability
of veterans described in paragraph (2) to submit or
resubmit claims for disability compensation under such
section 1116A.
(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 annually
thereafter for two years, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report regarding claims for disability
compensation under section 1116A of title 38, United States Code, as
added by subsection (a). Each report shall include, with respect to the
calendar year preceding the report, disaggregated by the regional
offices of the Department of Veterans Affairs, the following:
(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) Implementation.--
(1) Guidance.--Notwithstanding section 501 of such title,
the Secretary of Veterans Affairs may issue guidance to
implement section 1116B of title 38, United States Code, as
added by subsection (a), before prescribing new regulations
under such section.
(2) Updates.--(A) Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate regarding the plans of the
Secretary to respond to inquiries from veterans regarding
claims for disability compensation under section 1116B of title
38, United States Code, as added by subsection (a) of this
section.
(B) 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
1116B, 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
section 1116B of title 38, United States Code, as added
by subsection (a).
(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 1116B; 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 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) Implementation.--
(1) Guidance.--Notwithstanding section 501 of such title,
the Secretary of Veterans Affairs may issue guidance to
implement section 1822 of title 38, United States Code, as
added by subsection (a), before prescribing new regulations
under such section.
(2) Updates.--(A) Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate regarding the plans of the
Secretary to respond to inquiries from veterans regarding
claims for disability compensation under section 1822 of title
38, United States Code, as added by subsection (a) of this
section.
(B) 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
1822, 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
section 1822 of title 38, United States Code, as added
by subsection (a).
(B) Claims described.--A claim described in this
subparagraph is a claim for benefits--
(i) relating to the spina bifida and
service covered by such section 1822; 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 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.--
(1) In general.--Section 3703(a)(1) of title 38, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i)(IV), by striking ``the
lesser of the maximum guaranty amount (as
defined in subparagraph (C)) or'';
(ii) in clause (ii), by striking
``subparagraph (B) of this paragraph'' and
inserting ``subparagraph (B) or (C)'';
(B) in subparagraph (B)--
(i) by striking ``The maximum'' and
inserting ``With respect to loans described in
subclauses (I), (II), or (III) of subparagraph
(A)(i), the maximum''; and
(ii) by striking ``or in the case'' and all
that follows through ``subparagraph (C)),'';
and
(C) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C)(i) With respect to loans described in subclause (IV) of
subparagraph (A)(i) made to a veteran not covered by clause (ii), the
maximum amount of guaranty entitlement available to the veteran shall
be 25 percent of the loan.
``(ii) With respect to loans described in subclause (IV) of
subparagraph (A)(i) made to a covered veteran, the maximum amount of
guaranty entitlement available to the veteran shall be 25 percent of
the Freddie Mac conforming loan limit, reduced by the amount of
entitlement previously used by the veteran under this chapter and not
restored as a result of the exclusion in section 3702(b) of this title.
``(iii) In this subparagraph:
``(I) The term `covered veteran' means a veteran who has
previously used entitlement under this chapter and for whom the
full amount of entitlement so used has not been restored as a
result of the exclusion in section 3702(b) of this title.
``(II) The term `Freddie Mac conforming loan limit' means
the limit 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.''.
(2) Loans to native american veterans.--Section 3762(c) of
such title is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(3) Conforming amendment.--Section 3710(d)(4) of such title
is amended by striking ``section 3703(a)(1)(B) of this title''
and inserting ``subparagraph (B) or (C) of section 3703(a)(1)
of this title''.
(b) Adjustment of Loan Fees.--Section 3729(b)(2) of title 38,
United States Code, is amended by striking the loan fee table and
inserting the following:
----------------------------------------------------------------------------------------------------------------
Active duty
``Type of loan 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) 2.30 2.30 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
January 1, 2022)
(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 January 1, 2022, 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 3.60 3.60 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 January 1, 2022)
(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 January
1, 2022, 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 1.65 1.65 NA
purchase or construct a dwelling with 5-down
(closed on or after January 1, 2020, and before
January 1, 2022)
(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 January 1, 2022, 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 1.40 1.40 NA
purchase or construct a dwelling with 10-down
(closed on or after January 1, 2020, and before
January 1, 2022)
(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 January 1, 2022, 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.--Section 3729(c)(1)
of such title is amended--
(1) by striking ``or from a surviving spouse'' and
inserting ``, from a surviving spouse''; and
(2) by inserting before the period at the end the
following: ``, or from a member of the Armed Forces who is
serving on active duty and who provides, on or before the date
of loan closing, evidence of having been awarded the Purple
Heart''.
(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 title 38, United
States Code, the Secretary of Veterans Affairs may issue guidance to
implement this section before prescribing new regulations under
sections 3703, 3729, and 3762 of such title, as amended by this
section.
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 this
section before prescribing new regulations under sections 3731 of such
title, as amended by subsection (a).
Union Calendar No. 36
116th CONGRESS
1st Session
H. R. 299
[Report No. 116-58]
_______________________________________________________________________
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.
_______________________________________________________________________
May 10, 2019
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed