[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5611-H5620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              BLUE WATER NAVY VIETNAM VETERANS ACT OF 2018

  Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 299) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 299

       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

[[Page H5612]]

     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:

[[Page H5613]]

  


     ``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)

[[Page H5614]]

 
(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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and insert extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 299, the Blue Water Navy 
Vietnam Veterans Act of 2018, which was introduced by Representative 
Valadao of California.
  H.R. 299, as amended, would finally extend the presumption of 
exposure to Agent Orange to blue water Navy veterans. I am grateful to 
Mr. Valadao for introducing this long overdue bill, but I also thank my 
colleagues on the House Committee on Veterans' Affairs for working with 
us in a bipartisan manner to find an acceptable way to pay for this 
bill.
  As many of you know, Agent Orange was used in Vietnam to defoliate 
areas in the jungle where enemy forces would come and ambush our 
troops. Unfortunately, many Vietnam veterans have developed diseases as 
a result of their exposure to Agent Orange.
  Currently, VA only extends a presumption of exposure to Vietnam 
veterans who actually set foot in Vietnam or served in the inland 
waterways, or the brown water Navy, we call it. Blue water Navy 
veterans who served offshore of Vietnam were excluded from the 
presumption. VA denies these benefits because it claims there is not 
enough scientific information to determine whether blue water Navy 
veterans came into contact with herbicides in amounts meaningful to 
cause disease.
  Mr. Speaker, I have read the science, and, unfortunately, we will 
never be able to prove whether blue water Navy veterans were harmed by 
herbicides. But I have said this before and I will say it again: When 
too many years have passed--over four decades, in this case--to 
meaningfully determine the science, the presumption should be heavily 
in favor of the veteran.
  Moreover, I am pleased that the bill would help veterans who may have 
been harmed by exposure to herbicides while serving areas outside the 
Republic of Vietnam.
  H.R. 299, as amended, incorporates a proposal authored by 
Representative Tom MacArthur, which would extend the presumption to 
veterans who served in or near the Korean Demilitarized Zone beginning 
on September 1, 1967, which is the month when the military began 
testing herbicides in that area. The end date of the presumption period 
would remain the same as it is now, which is August 31, 1971.
  This legislation would also require VA to identify U.S. military 
bases located in Thailand where Agent Orange was used and when it was 
used.
  Additionally, this bill includes a proposal authored by 
Representative Westerman of Arkansas, which would require VA to provide 
benefits for children who were born with spina bifida if one or both 
parents may have been exposed to Agent Orange while serving in 
Thailand, just as VA does for children with spina bifida if their 
parents served in Vietnam or the Korean DMZ while Agent Orange was 
used.
  The manager's amendment makes some technical changes to ensure that

[[Page H5615]]

all Vietnam naval veterans who served within 12 miles offshore of 
Vietnam during the war are eligible for the presumption. The manager's 
amendment also makes technical changes to clarify the intent of this 
bill, including ensuring surviving spouses are eligible for retroactive 
benefits and authorizes VA to start paying benefits before the final 
regulations are issued.
  Additionally, H.R. 299, as amended, would include several 
improvements to the VA's home loan program, introduced by several 
Members, including changes to VA's home appraisal system, which was 
introduced by Representative Arrington; and expansion of the conforming 
loan limit, which would allow veterans to use their earned VA loan 
benefits in more expensive areas, if they qualify. This provision was 
introduced by Representative Zeldin.

                              {time}  1645

  Extension of the waiver of home loan funding fees to recipients of 
the Purple Heart who are still serving on Active Duty was introduced by 
Representative Herrera Beutler, and temporary increases to VA's home 
loan funding fees for nondisabled veterans, to offset the cost of this 
bill.
  I want to thank all of our VSO partners for their support and for 
helping us craft a bill that finally addresses the plight of blue water 
Navy veterans. Specifically, I want to thank the Veterans of Foreign 
Wars of the United States, the Disabled American Veterans, the American 
Legion, the Vietnam Veterans of America, the Fleet Reserve Association, 
the Military Order of the Purple Heart, the Paralyzed Veterans of 
America, the Blue Water Vietnam Veteran Association, Military Veterans 
Advocacy, and the Military Officers Association of America.
  Mr. Speaker, I urge my colleagues to support H.R. 299, as amended, 
and I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 299, as amended, the Blue 
Water Navy Vietnam Veterans Act. It has taken years of dedicated 
advocacy and bipartisanship to get us here today. I would especially 
like to recognize Ranking Member Walz, who could not be here today but 
was a driving force behind this legislation.
  H.R. 299 is an important step toward rectifying a longstanding 
injustice for veterans who were made sick from exposure to Agent Orange 
in Vietnam more than 50 years ago.
  Passage of this legislation will extend eligibility to 90,000 
veterans who served in Vietnam and may have been exposed to this 
dangerous chemical. Some thought this day would never come for the blue 
water Navy veterans. Finding over $1 billion in the Federal budget is 
not an easy task. Many people even said it was impossible.
  I thank the chairman for sitting down with the veteran service 
organizations, working with staff, and agreeing to find an alternative 
funding source to right this wrong. I am proud that this committee was 
able to, once again, reach a bipartisan agreement to move forward with 
legislation that does what is right for our Nation's veterans.
  While there was disagreement about the pay-for in the past, the 
solution in this bill is fair. It does not cut benefits for one group 
of veterans to pay for the benefits of others. It requires all 
veterans, whether they served on Active Duty, in the Reserves, or as 
guardsmen and -women, to pay for the same VA home loan funding fee.
  With the move to an operational Reserve, reservists and guardsmen and 
-women are deploying alongside Active Duty servicemembers into harm's 
way. It is fair for VA to charge the same fee across the board. The 
funding fee allows the VA to continue guaranteeing home loans to 
current and future servicemembers and veterans. Disabled veterans are 
exempt from paying the fee.
  Now, we were able to do this by working together, and I want to thank 
Chairman Roe for identifying the solution. A special measure of credit 
must also go to the Vietnam Veterans of America for their steadfast 
advocacy for blue water veterans. Because of VVA's efforts, it is my 
hope that never again will another group of veterans face the same 
problems that they did.
  I would also like to add that, before we take this historic vote, we 
must remember toxic exposures continue to occur. Since 9/11, 
servicemembers have been exposed to burn pits and mefloquine, both of 
which are likely causing serious health complications.
  And we can't forget our servicemembers who have been exposed to 
atomic radiation and those struggling with Gulf War illnesses. Not 
every exposure can be avoided, but their risks should be tracked, 
understood, and mitigated. The servicemember must receive timely 
healthcare and disability compensation if exposure causes adverse 
health conditions and disease.
  We must build a system that proactively identifies, investigates, 
diagnoses, treats, and heals toxic exposures, as well as one that also 
holds the Department of Defense accountable.
  My feeling is that, if we are using presumptions, it means that we 
are already losing the battle. It means we haven't documented who was 
exposed to what, so we are just going to assume that everyone was 
exposed.
  H.R. 299 makes other important reforms, including adjusting the date 
of the presumption for veterans exposed to Agent Orange and in the 
Korean DMZ, so that those exposed during a period of testing become 
eligible. It directs the Secretary to reach out to veterans who have 
previously been denied to inform them of the new law and how to file a 
new claim.
  The bill also requires that VA use language that is easily 
understood. H.R. 299 also expands the presumption for Agent Orange 
exposure to children born with spina bifida to veteran parents exposed 
in Thailand.
  Lastly, the bill mandates that VA report to Congress within 180 days 
after enactment on the result of the epidemiological study conducted on 
Gulf War veterans who are suffering from Gulf War illness.
  I am proud that we are fixing this broken promise to the blue water 
veterans today; but there are many others in the making, and we need to 
address them as soon as possible.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I appreciate the kind words from 
my friend Mr. Takano. We worked together closely on the committee.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. 
Valadao), the lead sponsor of this bill, who has doggedly pursued this. 
This issue has been a problem for decades. Finally, tonight, on the 
House side, we are going to come to a conclusion.
  Mr. VALADAO. Mr. Speaker, I rise today to urge my colleagues in the 
House to support my legislation, H.R. 299, the Blue Water Navy Vietnam 
Veterans Act.
  More than 6 decades ago, the United States deployed troops to Vietnam 
to fight communism and protect our national security interests abroad. 
Over the course of 20 years, American troops fought side by side with 
Vietnamese forces. Tragically, more than 58,000 American soldiers lost 
their lives during the conflict.

  However, in the aftermath of the war, the United States government 
linked chemicals in Agent Orange, a powerful herbicide used by U.S. 
forces, to many harmful medical conditions affecting those who served 
in or around Vietnam.
  While the Federal Government has provided for those who have served 
on Vietnamese soil, those who have served in the territorial seas of 
the Republic of Vietnam lack the compensation and treatment they 
deserve.
  Despite undeniable evidence that Agent Orange entered the South China 
Sea and contaminated shipboard systems and countless studies that 
clearly show the connection between Agent Orange and higher rates of 
serious disease among shipboard veterans, the Department of Veterans 
Affairs continues to deny claims from the blue water Navy Vietnam 
veterans.
  The brave sailors who served in the Vietnam war were willing to pay 
the ultimate price for their country, and many did just that. Providing 
adequate medical care to those who survive when they return home is the 
least we can do to show our appreciation for their service.
  My bill, H.R. 299, the Blue Water Navy Vietnam Veterans Act, would 
restore the presumption of service connection to the blue water Navy 
veterans, ensuring they receive proper treatment for the health 
conditions

[[Page H5616]]

they acquired in their service to our Nation.
  Since I was elected, I have fought to ensure our Nation's veterans 
have proper medical care, which is why I first introduced this 
legislation. However, passage of this bill today would not be possible 
without Mrs. Susie Belanger, who worked tirelessly to raise awareness 
of this issue; Chairman Phil Roe and the House Veterans' Affairs 
Committee staff for their unwavering support; and the dedication of 
thousands of Americans who called their representatives, urging they 
cosponsor this legislation.
  Every day, thousands of brave veterans who served in the Vietnam war 
fight the health effects of Agent Orange exposure. Many are in pain and 
suffering. It is far past time we pass this critical legislation and 
give them the comfort and care they deserve.
  Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from 
Connecticut (Mr. Courtney), my good friend and colleague, who has been 
with this issue since four Congresses ago. He is the original, first 
Democratic cosponsor on the current bill before us. It is my honor to 
yield to him.
  Mr. COURTNEY. Mr. Speaker, I want to thank Mr. Takano for yielding 
and for his hard work on the Veterans' Affairs Committee to bring this 
important milestone for Vietnam veterans to the floor today. And I also 
want to thank Chairman Roe for the hard work that obviously went in in 
terms of the markup process, the negotiations with all the different 
members, and to make all the pieces fit together; and your colleague, 
the ranking member, Mr. Walz, who, again, was a partner through that 
process; Mr. Valadao, who is, again, the lead sponsor as well. Again, 
this is a real team effort.
  There were 330 cosponsors to this bill, which, frankly, there are not 
a lot of bills that you can really say that about. Obviously, there 
were some impediments that we had to sort of work our way through. This 
was good, hard work, real legislating, that brought this measure to the 
floor.
  As has been said, back in 2001 the VA ruled against a Navy veteran, 
Mr. Jonathan Haas, who served on the ammunition ship USS Mount Katmai 
off the coast of Vietnam, in his attempt to get Agent Orange benefits 
using the presumption that, again, extended to folks who served on the 
ground forces. Again, the foot-on-the-ground rule was used by the VA to 
deny Mr. Haas his claim; and, again, it has acted as an obstacle ever 
since.
  In the 112th Congress, a Blue Water Vietnam Veterans Act was 
introduced in 2011. Didn't pass. In the 113th Congress, a similar bill 
was introduced, and it didn't pass. Again, in the last Congress, the 
114th, in 2015, we had another measure which was introduced and didn't 
pass.
  Yes, we are here today, for the first time ever, to address this 
grave injustice--which uses a very arbitrary, technical rule that 
defies common sense--and open a path for folks who served in the U.S. 
Navy, our sea forces, to make sure that they get equal treatment in 
terms of getting the care that they need and, frankly, that they have 
earned.
  If you look at some of the other countries that have dealt with this 
issue, like the Royal Navy of Australia, they have actually shown that 
folks who served in the Royal Australian Navy in Vietnam, one of our 
great allies during that conflict, actually had a higher incidence of 
cancer than folks who served in the land forces.
  So it is high time that we move forward with this measure, again, 
with all the grassroots support across the country with all the VSOs. 
Paul Dillon, a retired master chief petty officer who served in the 
U.S. Navy, who is from Gales Ferry, Connecticut, is watching like a 
hawk this measure, as are many of his colleagues who served in that 
era.

  I think they are going to feel some measure of confidence that the 
system actually listened to the external pressure that has built up 
year in and year out since 2001 to restore justice in the VA system, to 
make sure that those who served on the seas are treated the same way as 
those who served on the ground in that conflict.
  Mr. Speaker, I strongly urge passage of this measure and, again, 
congratulate the hard work of those on the Veterans' Affairs Committee.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the gentleman 
from Florida (Mr. Bilirakis), vice chair of the committee and one of 
the most ardent supporters of our Nation's veterans.
  Mr. BILIRAKIS. Mr. Speaker, I rise today in strong support of H.R. 
299, the blue water Navy Vietnam Veterans Act.
  Mr. Speaker, this is really a great day in the United States 
Congress, Mr. Speaker, and a great day for our heroes, our blue water 
Navy veterans. This important piece of legislation will enable blue 
water Navy veterans to receive the compensation benefits they have 
earned and deserve.
  In 2002, the VA unjustly removed the disability eligibility to almost 
100,000 veterans who served in the territorial seas of Vietnam during 
the Vietnam war. This bill restores the presumption of service 
connection for those suffering from diseases that have been linked to 
Agent Orange.
  Our Nation's heroes have answered the call to protect the liberties 
we enjoy on a daily basis. Today it is our turn to answer the call and 
assist our veterans in return. I urge my colleagues to support this 
very important bill.
  I want to thank Chairman Roe and Representative Valadao for leading 
the charge and not giving up. I know we didn't agree on the pay-for 
initially. Chairman Roe did not give up. He worked tirelessly on behalf 
of our veterans. I appreciate it so very much.
  Mr. Speaker, I am so proud to serve on this committee. Let's pass 
this good bill and get it to the Senate.

                              {time}  1700

  Mr. TAKANO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the 
gentlewoman from American Samoa (Mrs. Radewagen), one of the senior 
members of our Veterans' Affairs Committee and an incredible support 
for our Nation's heroes.
  Mrs. RADEWAGEN. Mr. Speaker, I rise today in support of H.R. 299.
  American Samoa is home to a great many veterans, especially on a per 
capita basis, as our people enlist at high rates in the U.S. Armed 
Forces. On their behalf, I am pleased to support the bipartisan Blue 
Water Navy Vietnam Veterans Act, recognizing the realities faced by 
those veterans who served in the region's waters.
  On a personal note, my older brother served in the U.S. Navy in the 
Gulf of Tonkin and other area waters during Vietnam. This legislation 
recognizes the nature of the service of these veterans who did their 
duty in wartime. This bill honors their mission and helps keep the 
commitments we owe our veterans.
  Mr. TAKANO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from Michigan (Mr. Bergman), chairman of the Oversight and 
Investigations Subcommittee and a Vietnam veteran.
  Mr. BERGMAN. Mr. Speaker, I rise today in support of H.R. 299, the 
Blue Water Navy Vietnam Veterans Act.
  Mr. Speaker, I witnessed firsthand the scope of Agent Orange exposure 
experienced by our servicemen and -women while in Vietnam. I am one of 
that group of veterans.
  Congress recognized the dangerous health consequences of exposure by 
passing the Agent Orange Act of 1991, which extended disability 
compensation to veterans who served in Vietnam or its inland waterways 
between the years of 1962 and 1975. While the Agent Orange Act provided 
benefits for tens of thousands of Vietnam mainland veterans, it 
overlooked the blue water Navy veterans who served on the ships off of 
the coast.
  Those dedicated veterans served our country honorably and are now 
dealing with health problems due to Agent Orange exposure. This is why 
I am a proud cosponsor of H.R. 299, which extends the disability 
benefits to veterans who served in the blue water Navy in Vietnam.
  Mr. Speaker, veterans in Michigan's First District have greatly 
sacrificed and earned these benefits, and I look forward to ensuring 
that their service is honored.
  Mr. Speaker, I urge all my colleagues to support this bill.

[[Page H5617]]

  

  Mr. TAKANO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from New York (Mr. Zeldin), a former member of our committee.
  Mr. ZELDIN. Mr. Speaker, I rise in support of H.R. 299, the Blue 
Water Navy Vietnam Veterans Act, of which I am a proud cosponsor.
  Mr. Speaker, I thank the gentleman from California (Mr. Valadao) for 
his incredible leadership introducing this important legislation.
  This bill expands treatment coverage for those affected by Agent 
Orange to not only those who served on the ground, but to those 
servicemembers, who are known as blue water Navy vets, who were 
affected while serving our Nation at sea.
  In my home county of Suffolk, which has the highest concentration of 
veterans in the State of New York, hundreds of Vietnam veterans and 
their families will now be able to receive the benefits they have 
earned. These brave servicemembers have put their lives on the line for 
our great Nation, and they have earned nothing less than the highest 
quality of care.
  Additionally, this legislation includes my bill, the Flexible VA Loan 
Guarantee Act, which expands a veteran's opportunity for homeownership 
by eliminating the loan limit the VA can guarantee. This is especially 
critical in districts like mine, where the median home prices are 
higher.
  Mr. Speaker, I thank Chairman Roe for bringing this bill to the 
floor, and I urge all of my colleagues to support our Nation's veterans 
by voting in favor of this commonsense legislation.
  Mr. TAKANO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the gentleman 
from Arkansas (Mr. Westerman), my good friend.
  Mr. WESTERMAN. Mr. Speaker, I thank Chairman Roe and Mr. Valadao for 
their strong leadership on this issue.
  Mr. Speaker, I rise today in support of H.R. 299, the Blue Water Navy 
Vietnam Veterans Act.
  Our Nation's warfighters are told they will receive benefits and 
coverage through the VA because of their service, but reality shows 
this has not always been the case, as with Agent Orange. This 
legislation would correct the issue by providing rightly earned 
benefits to men and women who were exposed to the herbicide Agent 
Orange during their time of service.
  Also included in the Blue Water Navy Vietnam Veterans Act is language 
from my bipartisan bill, H.R. 4843, that provides coverage for children 
with spina bifida due to a parent's exposure to Agent Orange.
  I thank Bill Rhodes, a veteran in my district, who has advocated 
tirelessly for his fellow veterans. I think it is pretty cut and dry: 
if you served America through the Armed Forces and were exposed to 
Agent Orange, our grateful country should cover the medical expenses.
  Our veterans make great sacrifice, and they deserve the best benefits 
and care possible. The Blue Water Navy Vietnam Veterans Act is a great 
step toward providing these benefits, and I commend Chairman Roe and 
the Veterans' Affairs Committee for their work to make this legislation 
a reality for our veterans.
  Mr. TAKANO. Mr. Speaker, I continue to reserve the balance of my 
time.

  Mr. ROE of Tennessee. Mr. Speaker, I am pleased to yield 1\1/2\ 
minutes to the gentleman from Nebraska (Mr. Bacon), an Air Force career 
officer.
  Mr. BACON. Mr. Speaker, I am a cosponsor on this bill, and I urge 
support for the Blue Water Navy Vietnam Veterans Act, H.R. 299.
  Our sailors, when they were off the coast of Vietnam, thought that 
they were safe from Agent Orange, but that water was sucked into the 
ships. It was used for shower water, used to wash their clothes, and 
our sailors were impacted by it. Now we know that not only them, but 
their children and grandchildren have also been impacted at times. So 
it is far time that we passed this bill and provide protections to our 
veterans who are now suffering the consequences of Agent Orange.
  Mr. Speaker, I thank the leadership of Chairman Roe and Mr. Valadao 
for what they are doing here. This is the right thing to do.
  I have talked to so many sailors who have been impacted by this, and 
I know they will be relieved to have this bill passed. I thank them 
both, and I thank the minority side as well.
  Mr. TAKANO. Mr. Speaker, how much time is remaining on my side?
  The SPEAKER pro tempore (Mr. Holding). The gentleman from California 
has 11\1/2\ minutes remaining.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just want to offer my reflections on the persistence 
of both Chairman Roe and Ranking Member Walz. I think it is a great 
injustice that Mr. Walz could not be here today because I know how hard 
he worked with Chairman Roe to find a pay-for.
  Let me say, also, for the folks back in my own district, in Riverside 
County, Riverside County has the eighth or ninth largest absolute 
population of veterans in the Nation, depending on what year you are 
counting. But every year, we have an event known as West Coast Thunder 
of mostly Harley-Davidson riders who ride from the Harley-Davidson shop 
to Riverside National Cemetery. Most of those riders are Vietnam 
veterans. I know back home in my district that the veterans support 
committee is going to be thrilled that Congress came together on this 
important legislation.
  Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. 
Correa), my good friend and fellow member of the House Committee on 
Veterans' Affairs, and the former chairman of the California State 
Assembly Committee on Veterans Affairs.
  Mr. CORREA. Mr. Speaker, I thank Mr. Takano for yielding.
  Mr. Speaker, I thank Ranking Member Walz, Mr. Valadao, and, of 
course, Chairman Roe for their leadership on H.R. 299, the Blue Water 
Navy Vietnam Veterans Act. This is a great example of how Democrats and 
Republicans come together to do what is right for our country, as well 
as our veterans.
  Since the Vietnam war, veterans have reported numerous health 
complications, including different forms of cancer related to the 
exposure to Agent Orange.
  While the Department of Veterans Affairs currently presumes that 
veterans who served on the ground in Vietnam or in the Vietnamese river 
system were exposed to Agent Orange, that presumption has not extended 
to the blue water Navy veterans, that is, those veterans who served off 
of the Vietnam coast.
  This bill, thank God, corrects that decades-long mistake and expands 
that presumption to those who served in the blue water Navy off of the 
Vietnam coast and ensures equal treatment for all of our veterans.
  Additionally, the bill expands the dates of presumption to those who 
served along the Korean Demilitarized Zone and authorizes benefits for 
children born with spina bifida due to a parent's exposure to Agent 
Orange.
  This bill, Mr. Speaker, is long overdue, and the benefits will 
possibly change the lives of those veterans who served in the defense 
of our country and in the defense of freedom of those around the world.
  Mr. Speaker, I urge passage of H.R. 299.
  Mr. ROE of Tennessee. Mr. Speaker, I have no other speakers and am 
prepared to close, so I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, in closing, I again want to thank Chairman Roe for 
bringing forth this very important legislation. I also want to 
acknowledge, again, the ranking member, Tim Walz, for working so hard 
to bring this legislation to the floor. It was a long time coming. It 
was introduced four Congresses ago.
  I believe that this is a shining moment for the Veterans' Affairs 
Committee and a shining moment for this Congress, for the people of 
this country to see us come together and do something that has been 
long overdue for our Vietnam veterans, often who were not welcomed home 
in the way that they should have been. This is a small gesture of what 
we can do to make amends for that lack of a proper welcoming home. This 
is a very proud moment for me.
  Mr. Speaker, I urge my colleagues to join me in passing H.R. 299, as 
amended, and I yield back the balance of my time.

[[Page H5618]]

  

  Mr. ROE of Tennessee. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, I include in the Record letters of support for H.R. 299 
from the 10 veterans service organizations I mentioned earlier.

                                          Veterans of Foreign Wars


                                         of The United States,

                                     Kansas City, MO, May 7, 2018.
     Hon. Johnny Isakson,
     Chairman, Senate Committee on Veterans' Affairs, Washington, 
         DC.
     Hon. David P. Roe, M.D.,
     Chairman, House Committee on Veterans' Affairs, Washington, 
         DC.
     Hon. Jon Tester,
     Ranking Member, Senate Committee on Veterans' Affairs, 
         Washington, DC.
     Hon. Tim Walz,
     Ranking Member, House Committee on Veterans' Affairs, 
         Washington, DC.
       Dear Chairmen Isakson and Roe, Ranking Members Tester and 
     Walz: On behalf of the men and women of the Veterans of 
     Foreign Wars of the United States (VFW) and its Auxiliary, we 
     are proud to offer our support for H.R.299, the Blue Water 
     Navy Vietnam Veterans Act of 2017, as amended, which would 
     expand benefits for veterans who were exposed to toxic 
     substances during their military service.
       The VFW strongly agrees with the Court of Appeals for 
     Veterans Claims that it is arbitrary and capricious for 
     veterans who have served aboard ships in the coastal waters 
     of Vietnam to be denied presumptive benefits associated with 
     Agent Orange exposure. For this reason, we support this 
     legislation to end this injustice and ensure Blue Water Navy 
     veterans receive the care and benefits they deserve.
       The VFW supports expansion of benefits for Korean DMZ 
     veterans who suffer from diseases and illnesses directly 
     linked to Agent Orange. While many of these veterans receive 
     presumptive disability compensation for their service-
     connected disabilities, hundreds of them are unjustly 
     required to prove individual exposure. This legislation would 
     provide them the benefits they have been unjustly denied.
       This legislation would also expand coverage for those 
     children suffering from spina bifida because of their 
     parents' exposure to Agent Orange while serving in Thailand 
     during the Vietnam War. This expansion makes equal the level 
     of benefits that other children receive if they have parents 
     who were exposed to Agent Orange.
       The VFW also supports the reporting and outreach 
     requirements in this legislation. Research related to Gulf 
     War Illness is vital to ensuring veterans receive the care 
     and benefits they have earned as a result of illnesses and 
     injuries caused by their service. The outreach and reporting 
     components related to the Blue Water Navy portion of this 
     bill would ensure veterans receive the retroactive payments 
     they have earned and allow Congress to oversee proper 
     implementation of the legislation. We must never again allow 
     these veterans to have their earned benefits taken away.
       Ensuring equality between the active, Guard, and Reserve 
     components of the military is a key goal of the VFW. For the 
     past decade and a half, our country has been sending National 
     Guardsmen and Reservists into harm's way at an unprecedented 
     level, and some of them have been wounded in the line of 
     duty. The VFW is pleased that H.R. 299, as amended, will end 
     arbitrary differences in home loan fees and show that service 
     in uniform earns equal opportunity to be a homeowner.
       We applaud the efforts that you and your staff have made to 
     ensure veterans receive the benefits they have earned and 
     deserve. The VFW has been a longtime advocate for the 
     expansion of these benefits and we join you in celebrating 
     this legislative victory which equalizes benefits for those 
     who have worn our nation's uniform. We look forward to an 
     expeditious process that will lead to this legislation's 
     passage into law as soon as possible.
           Sincerely,

                                            Carlos U. Fuentes,

                                                         Director,
     VFW National Legislative Service.
                                  ____

                                     Military Officers Association


                                                   of America,

                                      Alexandria, VA, May 7, 2018.
     Hon. Phil Roe,
     Chairman, House Committee on Veterans' Affairs, Washington, 
         DC.
     Hon. Tim Walz,
     Ranking Member, House Committee on Veterans' Affairs, 
         Washington, DC.
       Dear Chairman Roe and Ranking Member Walz: On behalf of the 
     over 350,000 members of the Military Officers Association of 
     America, I am writing to you about H.R. 299, the Blue Water 
     Navy Vietnam Veterans Act, and the ``discussion draft'' that 
     I understand will be introduced imminently. MOAA appreciates 
     the open dialogue you have both maintained in the process of 
     formulating this solution to a decades old injustice to our 
     Vietnam veterans.
       MOAA has always supported restoring the presumption of 
     herbicide exposure to Blue Water Navy Veterans. MOAA further 
     supports the extension of the presumption to veterans who 
     served on the Korean DMZ from September 1, 1967, to August 
     31, 1971, as well as benefits to children born with spina 
     bifida of veterans who served in Thailand during the Vietnam 
     conflict.
       I was disappointed with the understanding the ``pay for'' 
     of this disability benefit was raising VA home loan fees. 
     This resource option places the financial burden solely on 
     that 1% of the U.S. population who served their nation in 
     time of conflict and relieves the remaining 99% of our 
     nation's population of bearing any financial responsibility 
     or liability. In short, those who sacrificed will continue to 
     sacrifice and subsidize a solution to resolve the toxic 
     exposure of veterans who provided our nation's security and 
     defense.
       I am, however, grateful that you have included a provision 
     that MOAA proposed to use a portion of these funds towards a 
     report on a follow-up study on certain Gulf War illnesses. I 
     also sincerely appreciate your commitment to address 
     additional toxic exposures impacting our veterans in the 
     upcoming terms of Congress. For those reasons, MOAA supports 
     H.R. 299 with the proposed amendments discussed above.
           Sincerely,

                                        Lt Gen Dana T. Atkins,

                                                       USAF (Ret),
     President and CEO.
                                  ____



                                  Vietnam Veterans of America,

                                Silver Spring, MD, April 20, 2018.
     Hon. Phil Roe,
     Chairman, House Veterans' Affairs Committee,
     Washington, DC.
     Hon. Tim Walz,
     Ranking Member, House Veterans' Affairs Committee, 
         Washington, DC.
       Dear Dr. Roe and Congressman Walz: On behalf of the 
     members, officers, and Board of Directors of Vietnam Veterans 
     of America, we are writing to you to again voice our support 
     for H.R. 299, the Blue Water Navy Vietnam Veterans Act. This 
     legislation would restore presumptive coverage for service-
     connected ills that afflict several thousand naval personnel 
     who served in the Vietnam theatre of operations--coverage 
     that the Department of Veterans Affairs abruptly ended in 
     March 2002.
       During the Vietnam War, some 20 million gallons of ``Agent 
     Orange'' and other toxic substances was sprayed to remove 
     jungle foliage around fire bases and to deny the enemy the 
     ability to grow or harvest crops. As you know, toxic 
     chemicals in these herbicides have been linked to several 
     afflictions, including non-Hodgkin's lymphoma, various 
     cancers, Type II diabetes, and Parkinson's disease. The Agent 
     Orange Act of 1991 empowered the VA Secretary to declare 
     certain illnesses presumptive to exposure to Agent Orange, 
     enabling veterans who served in Southeast Asia to receive 
     health care and disability compensation for these 
     afflictions. In March 2002, however, the VA ceased awarding 
     benefits to so-called blue water veterans, limiting those 
     eligible only to ``boots on the ground'' in-country vets. 
     There was no scientific basis for this move by the VA, nor 
     any involvement of real scientists in this money driven 
     bureaucratic decision. It is time that this wrong done to 
     Blue Water veterans of Vietnam, and their families be set 
     right. The Institute of Medicine (IOM) firmly established the 
     biological plausibility for the exposure of these faithfully 
     serving sailors.
       The addition of those who served on the DMZ in Korea at any 
     time corrects another injustice of the VA bureaucratic 
     decision-making that also had no basis in fact. After the 
     spraying of the herbicides in heavy doses along this limited 
     area, nothing was ever done to clean up the soil or the 
     groundwater, so that all who served later were exposed, and 
     therefore should be eligible for benefits and health care as 
     well.
       Blue water veterans suffering with any of the presumptive 
     service-connected maladies that the VA acknowledges to be 
     associated with exposure to Agent Orange ought not be 
     excluded from receiving healthcare services and disability 
     compensation for which their boots-on-the-ground brother and 
     sister veterans are eligible. They, too, served honorably and 
     well, and Congressman Valadao's bill, once it is enacted into 
     law, will accord them benefits that they have earned.
       All of us at Vietnam Veterans of America (VVA) are grateful 
     for your bipartisan leadership to find an offset, and to at 
     last correct the injustice to these veterans and their 
     families.
           Respectfully,
                                                       John Rowan,
     National President/CEO.
                                  ____



                                Paralyzed Veterans of America,

                                   Washington, DC, April 20, 2018.
     Hon. Phil Roe,
     Chairman, House Committee on Veterans' Affairs, Washington, 
         DC.
       Dear Chairman Roe: On behalf of Paralyzed Veterans of 
     America (PVA), I am writing to express our support for the 
     House Veterans' Affairs Committee's efforts to amend title 
     38, United States Code to extend presumption of exposures to 
     herbicides containing dioxin, including Agent Orange, to 
     veterans who served in ``blue water'' areas.
       Before 1997, Vietnam Veterans were eligible for a 
     presumption of exposure to Agent Orange and other herbicides 
     if ``during active military, naval or air service they had 
     served in the Republic of Vietnam'' unless there was evidence 
     they had not been exposed to Agent Orange. This policy was 
     later amended so that service on the ground in Vietnam and 
     service in inland waterways ``brown water'' was required to 
     receive a presumption of exposure.
       PVA applauds you for making the necessary amendments to 
     include veterans who had served in ``blue water'' areas.
           Respectfully,
                                                       Carl Blake,
                                               Executive Director.

[[Page H5619]]

     
                                  ____
                                             Military Order of the


                                                 Purple Heart,

                                  Springfield, VA, April 20, 2018.
     Hon. David P. Roe,
     Chairman, House Veterans' Affairs Committee,
     Washington, DC.
       Dear Chairman Roe: On behalf of the Military Order of the 
     Purple Heart (MOPH), whose membership is comprised entirely 
     of combat wounded veterans, I am pleased to offer our support 
     for your draft legislation to extend presumptive service 
     connection for diseases associated with exposure to Agent 
     Orange to Vietnam veterans of the Blue Water Navy, and 
     veterans who served m the Korean demilitarized zone (DMZ) 
     from September 1, 1967 to August 31, 1971.
       Under the Agent Orange Act of 1991, Congress established 
     presumptive service connection for Vietnam veterans suffering 
     from illnesses associated with exposure to herbicides. Since 
     2002, however, the Department of Veterans Affairs (VA) has 
     chosen to interpret that law to exclude veterans who served 
     on ships off the coast of Vietnam, commonly known as Blue 
     Water Navy veterans. Like you, MOPH recognizes that Blue 
     Water Navy veterans have always suffered from illnesses 
     associated with Agent Orange exposure at high rates, and this 
     decision by VA represents an injustice that should be 
     corrected immediately.
       MOPH also supports the provision of your bill that would 
     extend the same presumptive service connection to veterans 
     who served on the Korean DMZ from September 1, 1967 to August 
     31, 1971, as they were similarly exposed to Agent Orange 
     while performing their duties.
       MOPH thanks you for your leadership on this issue, and your 
     continued commitment to veterans and their families. We look 
     forward to working with you to ensure the passage of this 
     important legislation.
           Respectfully,
                                                     Neil Van Ess,
     National Commander.
                                  ____



                            Military--Veterans Advocacy, Inc.,

                               Slidell, Louisiana, April 20, 2018.
     Re Blue Water Navy Vietnam Veterans Act.

     Hon. Phil Roe,
     Chairman, House Veterans' Affairs Committee,
     Washington, DC.
       Dear Mr. Chairman: As you know, Military--Veterans Advocacy 
     has consistently supported legislation to correct the plight 
     of the Blue Water Navy Vietnam Veterans. In 2002. the VA 
     Secretary implemented a policy that divested these veterans 
     of the presumption of Agent Orange exposure. H.R. 299 is the 
     current version of the Blue Water Navy Vietnam Veterans Act 
     which will partially restore this presumption. This bill is 
     widely supported by the veterans community and has 329 co-
     sponsors in the House.
       I appreciate the fact that you held a Legislative Hearing 
     on the bill in April of 2017 and attempted a mark-up this 
     past November. I also understand the constraints of the Pay 
     As You Go Act of 2010 which requires an offset Military--
     Veterans Advocacy's position is that we will support any 
     offset required to correct this injustice. I know that your 
     Committee staff has been working tirelessly to craft an 
     offset acceptable to all parties and I assure you that we 
     appreciate and thank them and you for this hard work.
       Our understanding is that H.R. 299 will be scheduled for 
     another mark-up hearing on April 26th. Please feel free to 
     represent to the Committee that the bill, and its discussion 
     draft, have the complete support of Military--Veterans 
     Advocacy and the veterans we represent. I have been informed 
     of the planned offset and I believe it is an equitable avenue 
     for financing this bill.
       It is imperative that H.R. 299 become law. Blue Water Navy 
     veterans are dying every day, often leaving their families 
     destitute. This bill has been pending for seven years and we 
     must restore the presumption to those who served in 
     Vietnamese bays. harbors and territorial seas.
       Again thank you for your effort on our behalf and I look 
     forward to working with you on other toxic exposure issues in 
     the future.
           Sincerely,

                                                John B. Wells,

                                          Commander USN (Retired),
     Executive Director.
                                  ____

                                           DAV, National Service &


                                     Legislative Headquarters,

                                   Washington, DC, April 20, 2018.
     Hon. Dr. Phil Roe,
     Chairman, House Committee on Veterans Affairs, Washington, 
         DC.
       Dear Chairman Roe: On behalf of DAV and our more than one 
     million members, all of whom were injured or made ill during 
     wartime service, I write to offer our support for approving 
     legislation that would provide a presumption of service 
     connection for ``Blue Water'' Navy veterans who served in the 
     vicinity of the Republic of Vietnam as well as veterans 
     exposed to Agent Orange near the Korean demilitarized zone 
     (DMZ).
       The Agent Orange Act of 1991 required the Department of 
     Veterans Affairs (VA) to provide presumptive service 
     connection to Vietnam veterans with illnesses that the 
     National Academy of Sciences directly linked to Agent Orange 
     exposure. Yet, in 2002, the VA decided to cover only veterans 
     who could prove that they had ``boots on the ground'' during 
     the Vietnam War. Because of this decision, thousands of 
     Vietnam veterans were excluded from receiving benefits 
     although these ``Blue Water'' Navy veterans had significant 
     Agent Orange exposure from drinking and bathing in 
     contaminated water just offshore. It is simply inequitable 
     that veterans who served on ships no more distant from the 
     spraying of herbicides than many who served on land have been 
     arbitrarily and unjustly denied benefits because they are 
     excluded from the presumption of service connection for 
     herbicide-related disabilities.
       DAV strongly supports Section 1 (Clarification of 
     Presumptions of Exposure for Veterans Who Served in Vicinity 
     of Republic of Vietnam) of the discussion draft dated April 
     16, 2018, based on DAV Resolution No. 18, which calls for 
     legislation to expressly provide that the phrase ``served in 
     the Republic of Vietnam'' include service in the territorial 
     waters offshore.
       Enactment of this legislation would provide ``Blue Water'' 
     Navy Vietnam veterans the disability and health care benefits 
     they earned as a result of exposure to Agent Orange. 
     Eligibility for VA benefits under this legislation would be 
     retroactive to September 25, 1985, the date VA began 
     providing disability compensation to veterans with medical 
     disorders related to Agent Orange providing long overdue 
     justice to thousands of veterans who were excluded by the VA 
     in 2002.
       In accordance with DAV Resolution No. 25, we also support 
     Section 2 of this discussion draft, to recognize September 1, 
     1967 as the earliest date for exposure to herbicides on the 
     Korean DMZ. This change will provide veterans greater equity 
     with respect to herbicide exposure and the presumptive 
     diseases associated therein.
       Currently, VA regulations provide that any veteran who, 
     during active military, naval, or air service, served between 
     April 1, 1968, and August 31, 1971, in a unit that, as 
     determined by the Department of Defense, operated in or near 
     the Korean DMZ in an area in which herbicides are known to 
     have been applied during that period, shall be presumed to 
     have been exposed during such service to an herbicide agent. 
     Section 2 would define the exposure to herbicides as 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.
       DAV does not have a resolution specific to Section 3 (Loans 
     Guaranteed Under Home Loan Programs of Department of Veterans 
     Affairs) or Section 4 (Information Gathering for Department 
     of Veterans Affairs Home Loan Appraisals) and takes no 
     position on these sections.
       Chairman Roe, thank you for introducing and moving this 
     important legislation and for your continued efforts to 
     support our nation's veterans disabled in their service.
           Respectfully,

                                           Garry J. Augustine,

                                               Executive Director,
     Washington Headquarters.
                                  ____

                                           Blue Water Navy Vietnam


                                         Veterans Association,

                                                   April 20, 2018.
     Dr. Phil Roe,
     Chairman of the House Veterans Affairs Committee, House of 
         Representatives, Washington, DC.
       Dear Chairman Roe: On behalf of the Blue Water Navy Vietnam 
     Veterans Association (BWN), we plead with the United States 
     Congress to allow the proposed pay for to be used in 
     supporting the passage of the Blue Water Navy Vietnam 
     Veterans Act of 2017, which is the sole purpose of our 
     existence as an Association. This has been our top priority, 
     and we have worked hard to ensure that our Navy Veterans and 
     Shipmates receive the benefits that they rightly deserve for 
     their sacrifices to our nation.
       Veteran and Military Service Organizations across this 
     country should be running to the opportunity to stand for us, 
     considering we have stood for them for more than 50 years. 
     While we were proud to stand with them when the original 
     Agent Orange Act was passed in 1991, in 2002 when our 
     benefits were stripped from us, we had to go on a 16-year 
     campaign to get many of them to be on our side again.
       The Department of Veterans Affairs (VA) has failed our 
     nation's Veterans on this issue, and it is now up to Congress 
     to provide the requisite medical coverage by passing this 
     legislation. If there is every any doubt why a group of 
     service members are all coming down with, and dying from the 
     same illnesses, then the Department of Veterans Affairs 
     should have a duty to assist them regardless of the cost. 
     Many of our Shipmates have died waiting for the day their 
     benefits would be restored, and so have their widows. As we 
     approach the final passage of this legislation on Memorial 
     Day, we send our thoughts and prayers to our fallen Shipmates 
     and their loved ones!
       We ask that you strongly encourage your colleagues to vote 
     for this legislation once it is brought to the floor for a 
     vote. We applaud you and your staff who are actively fighting 
     for a group of Veterans that has long been abandoned by the 
     VA and deprived of much needed medical care, we can't thank 
     these saintly people enough.
       Thank you for taking an active role in such an important 
     issue to the Blue Water Navy Vietnam Veterans community by 
     working to improve the lives of our remaining 90,000 Sailors 
     who served our great nation.
           Very Respectfully,
     Mike Yates,
       National Commander.
     Michael J. Little,

[[Page H5620]]

       National Executive Director.
                                  ____



                                    Fleet Reserve Association,

                                                   April 19, 2018.
     Hon. Phil Roe,
     Chairman, House Veterans Affairs Committee, House of 
         Representatives, Washington, DC.
       Dear Chairman Roe: The Fleet Reserve Association (FRA) 
     supports the ``Blue Water Navy Vietnam Veterans Act'' (H.R. 
     299) that would clarify a presumption for filing disability 
     claims with the Department of Veterans Affairs (VA) for 
     ailments associated with exposure to the Agent Orange 
     herbicide during the Vietnam War. FRA believes Congress 
     should recognize that so-called ``Blue water'' veterans were 
     exposed to Agent Orange herbicide and authorize presumptive 
     status for VA disability claims associated with this 
     exposure.
       We understand that the bill will be amended to provide for 
     a fee on VA home loan mortgages to cover the estimated cost 
     for providing the presumption for the ``Blue Water'' 
     veterans, and this fee will not apply to any veteran with a 
     disability rating.
       The Association appreciates your strong leadership on this 
     issue. FRA stands ready to provide assistance in advancing 
     this legislation.
           Sincerely.
                                                   Thomas J. Snee,
     National Executive Director.
                                  ____



                                          The American Legion,

                                                    June 22, 2018.
     Hon. David Valadao,
     House of Representatives, Washington, DC.
       Dear Representative Valadao: On behalf of the 2 million 
     members of The American Legion, we heartily support the 
     provisions of H.R. 299, legislation 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.
       This legislation, as written, includes as part of the 
     Republic of Vietnam its territorial seas for purposes of the 
     presumption of service connection for diseases associated 
     with exposure by veterans to certain herbicide agents while 
     in Vietnam. It also includes American servicemen who served 
     in the Korean demilitarized zone (DMZ) between September 1, 
     1967 and August 31, 1971.
       The American Legion strongly supports legislation to expand 
     the presumption of Agent Orange exposure to any military 
     personnel who served on any vessel during the Vietnam War 
     that came within 12 nautical miles of the coastlines of 
     Vietnam, as well as in the Korean DMZ between 1967 and 1971. 
     Our organization feels that our nation's defenders should 
     receive the full benefits to which they are entitled.
       Through Resolution No. 35, Agent Orange, passed at the 2016 
     National Convention, The American Legion supports legislation 
     ``to amend title 38, United States Code, section 1116, to 
     provide entitlement to these presumptions for those veterans 
     who were exposed to Agent Orange while serving in areas other 
     than the Republic of Vietnam where Agent Orange was tested, 
     sprayed, or stored.''
       Thank you again for your continued commitment to the men 
     and women in uniform and the nation's veterans and for your 
     leadership on this important issue.
           Sincerely,
                                                     Denise Rohan,
                          National Commander, The American Legion.

  Mr. ROE of Tennessee. Mr. Speaker, the VA estimates that there are 
6.6 million living Vietnam-era veterans; there are 58,220 who died in 
that war; and there only will be about 4.4 million remaining in just 10 
short years. That means we will lose 2.2 million Vietnam-era veterans 
in the next 10 years, which is an average of about 523 Vietnam-era 
veterans per day.
  We must now act because, if we don't, blue water Navy veterans may 
not be around to receive the benefits they and their loved ones have 
been waiting on for so long. We owe it to the brave men and women 
veterans who served offshore during the Vietnam era to cease waiting on 
perfect science and provide compensation benefits for conditions they 
may have developed because of exposure to Agent Orange.
  I am not the only one who believes this. H.R. 299 has broad 
bipartisan support: 330 cosponsors. I think I can speak for all of us 
when I say that H.R. 299, as amended, does the right thing for our blue 
water Navy veterans.
  Mr. Speaker, this is personal for our Vietnam-era veterans like 
myself. I served and walked the territory not long after in Korea, over 
40 years ago.
  We have done great work on the committee: We passed an accountability 
bill this year, a way to speed up disability claims. The Forever GI 
Bill funded the Veterans Choice Program. We just passed the VA MISSION 
Act, just a few of the things that our committee in a bipartisan way, 
has done.
  But there is a little inconvenience out there that we have 90,000 
blue water Navy veterans who are being left behind--not after today.
  Mr. Speaker, I thank the other side of the aisle. We worked hand in 
hand.
  And I thank the staffs--I don't think they get enough credit--for the 
hard work that the staffs do behind the scenes. When we seem to find a 
blind alley and can't get to a conclusion, they continue to work in a 
bipartisan way to find a way to get to yes.
  I also thank all of the outside groups that kept this issue in front 
of us for decades.
  When I got the chairmanship a year and a half ago, I said one of the 
things that I will base my chairmanship on is if we can get this solved 
and do the right thing for our blue water Navy veterans. Today, we are 
going to do the right thing in this House and send it to the Senate, 
where they will do the right thing.
  Mr. Speaker, once again, I encourage all Members to support H.R. 299, 
as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and 
pass the bill, H.R. 299, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________