Congressional Record, Volume 164 Issue 106 (Monday, June 25, 2018)

[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.

____________________