[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[House]
[Pages H3743-H3751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              BLUE WATER NAVY VIETNAM VETERANS ACT OF 2019


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
insert extraneous material on H.R. 299, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. 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 2019''.

     SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR 
                   VETERANS WHO SERVED IN VICINITY OF REPUBLIC OF 
                   VIETNAM.

       (a) In General.--Chapter 11 of title 38, United States 
     Code, is amended by inserting after section 1116 the 
     following new section:

     ``Sec. 1116A. Presumptions of service connection for veterans 
       who served offshore of the Republic of Vietnam

       ``(a) Service Connection.--For the purposes of section 1110 
     of this title, and subject to section 1113 of this title, a 
     disease covered by section 1116 of this title becoming 
     manifest as specified in that section in a veteran who, 
     during active military, naval, or air service, served 
     offshore of the Republic of Vietnam during the period 
     beginning on January 9, 1962, and ending on May 7, 1975, 
     shall be considered to have been incurred in or aggravated by 
     such service, notwithstanding that there is no record of 
     evidence of such disease during the period of such service.
       ``(b) Exposure.--A veteran who, during active military, 
     naval, or air service, served offshore of the Republic of 
     Vietnam during the period beginning on January 9, 1962, and 
     ending on May 7, 1975, shall be presumed to have been exposed 
     during such service to an herbicide agent unless there is 
     affirmative evidence to establish that the veteran was not 
     exposed to any such agent during that service.
       ``(c) Effective Date of Award.--(1) Except as provided by 
     paragraph (2), the effective date of an award under this 
     section shall be determined in accordance with section 5110 
     of this title.
       ``(2)(A) Notwithstanding subsection (g) of section 5110 of 
     this title, the Secretary shall determine the effective date 
     of an award based on a claim under this section for an 
     individual described in subparagraph (B) by treating the date 
     on which the individual filed the prior claim specified in 
     clause (i) of such subparagraph as the date on which the 
     individual filed the claim so awarded under this section.
       ``(B) An individual described in this subparagraph is a 
     veteran, or a survivor of a veteran, who meets the following 
     criteria:
       ``(i) The veteran or survivor submitted a claim for 
     disability compensation on or after September 25, 1985, and 
     before January 1, 2020, for a disease covered by this 
     section, and the claim was denied by reason of the claim not 
     establishing that the disease was incurred or aggravated by 
     the service of the veteran.
       ``(ii) The veteran or survivor submits a claim for 
     disability compensation on or after January 1, 2020, for the 
     same condition covered by the prior claim under clause (i), 
     and the claim is approved pursuant to this section.
       ``(d) Determination of Offshore.--Notwithstanding any other 
     provision of law, for purposes of this section, the Secretary 
     shall treat a location as being offshore of Vietnam if the 
     location is not more than 12 nautical miles seaward of a line 
     commencing on the southwestern demarcation line of the waters 
     of Vietnam and Cambodia and intersecting the following 
     points:


----------------------------------------------------------------------------------------------------------------
                                                                                     Latitude
                            ``Points Geographic Names                                  North     Longitude  East
----------------------------------------------------------------------------------------------------------------
At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province                             915.0'         10327.0'
----------------------------------------------------------------------------------------------------------------
At Hon Da Island southeast of Hon Khoai Island Minh Hai Province                        822.8'         10452.4'
----------------------------------------------------------------------------------------------------------------
At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector                      837.8'         10637.5'
----------------------------------------------------------------------------------------------------------------
At Bong Lai Islet, Con Dao Islet                                                        838.9'         10640.3'
----------------------------------------------------------------------------------------------------------------
At Bay Canh Islet, Con Dao Islet                                                        839.7'         10642.1'
----------------------------------------------------------------------------------------------------------------
At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province                          958.0'          1095.0'
----------------------------------------------------------------------------------------------------------------
At Hon Doi Islet, Thuan Hai Province                                                   1239.0'         10928.0'
----------------------------------------------------------------------------------------------------------------
At Dai Lanh point, Phu Khanh Province                                                  1253.8'         10927.2'
----------------------------------------------------------------------------------------------------------------
At Ong Can Islet, Phu Khanh Province                                                   1354.0'         10921.0'
----------------------------------------------------------------------------------------------------------------
At Ly Son Islet, Nghia Binh Province                                                   1523.1'         109 9.0'
----------------------------------------------------------------------------------------------------------------
At Con Co Island, Binh Tri Thien Province                                              1710.0'         10720.6'
----------------------------------------------------------------------------------------------------------------

       ``(e) Herbicide Agent.--In this section, the term 
     `herbicide agent' has the meaning given that term in section 
     1116(a)(3) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1116 the following new item:

``1116A. Presumptions of service connection for veterans who served 
              offshore of the Republic of Vietnam.''.

       (c) Implementation.--
       (1) Guidance.--Notwithstanding section 501 of such title, 
     the Secretary of Veterans Affairs may issue guidance to 
     implement section 1116A of title 38, United States Code, as 
     added by subsection (a), before prescribing new regulations 
     under such section.
       (2) Updates.--(A) Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate regarding the plans of the 
     Secretary--
       (i) to conduct outreach under subsection (d); and
       (ii) to respond to inquiries from veterans regarding claims 
     for disability compensation under section 1116A of title 38, 
     United States Code, as added by subsection (a) of this 
     section.
       (B) On a quarterly basis during the period beginning on the 
     date of the enactment of this Act and ending on the date on 
     which regulations are prescribed to carry out such section 
     1116A, the Secretary shall submit to the Committees on 
     Veterans' Affairs of the

[[Page H3744]]

     House of Representatives and the Senate updates on the status 
     of such regulations.
       (3) Pending cases.--
       (A) Authority to stay.--The Secretary may stay a claim 
     described in subparagraph (B) until the date on which the 
     Secretary commences the implementation of such section 1116A.
       (B) Claims described.--A claim described in this 
     subparagraph is a claim for disability compensation--
       (i) relating to the service and diseases covered by such 
     section 1116A; and
       (ii) that is pending at the Veterans Benefits 
     Administration or the Board of Veterans' Appeals on or after 
     the date of the enactment of this Act and before the date on 
     which the Secretary commences the implementation of such 
     section 1116A.
       (d) Outreach.--
       (1) Requirement.--The Secretary of Veterans Affairs shall 
     conduct outreach to inform veterans described in paragraph 
     (2) of the ability to submit a claim for disability 
     compensation under section 1116A of title 38, United States 
     Code, as added by subsection (a). Such outreach shall include 
     the following:
       (A) The Secretary shall publish on the website of the 
     Department a notice that a veterans described in paragraph 
     (2) may submit or resubmit a claim for disability 
     compensation under such section 1116A.
       (B) The Secretary shall notify in writing the veteran 
     service organization community of the ability of veterans 
     described in paragraph (2) to submit or resubmit claims for 
     disability compensation under such section 1116A.
       (2) Veteran described.--A veteran described in this 
     paragraph is a veteran who, during active military, naval, or 
     air service, served offshore of the Republic of Vietnam 
     during the period beginning on January 9, 1962, and ending on 
     May 7, 1975.
       (e) Reports.--Not later than January 1, 2021, and annually 
     thereafter for two years, the Secretary of Veterans Affairs 
     shall submit to the Committees on Veterans' Affairs of the 
     House of Representatives and the Senate a report regarding 
     claims for disability compensation under section 1116A of 
     title 38, United States Code, as added by subsection (a). 
     Each report shall include, with respect to the calendar year 
     preceding the report, disaggregated by the regional offices 
     of the Department of Veterans Affairs, the following:
       (1) The number of claims filed under such section.
       (2) The number of such claims granted.
       (3) The number of such claims denied.
       (f) Health Care.--Section 1710(e)(4) of title 38, United 
     States Code, is amended by inserting ``(including offshore of 
     such Republic as described in section 1116A(d) of this 
     title)'' after ``served on active duty in the Republic of 
     Vietnam''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2020.

     SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN 
                   VETERANS WHO SERVED IN KOREA.

       (a) In General.--Chapter 11 of title 38, United States 
     Code, is amended by inserting after section 1116A, as added 
     by section 2, the following new section:

     ``Sec. 1116B. Presumption of herbicide exposure for certain 
       veterans who served in Korea

       ``(a) Presumption of Service-Connection.--(1) For the 
     purposes of section 1110 of this title, and subject to 
     section 1113 of this title, a disease specified in subsection 
     (b) that becomes manifest as specified in that subsection in 
     a veteran described in paragraph (2) shall be considered to 
     have been incurred or aggravated in the line of duty in the 
     active military, naval, or air service, notwithstanding that 
     there is no record of evidence of such disease during the 
     period of such service.
       ``(2) A veteran described in this paragraph is a veteran 
     who, during active military, naval, or air service, served in 
     or near the Korean Demilitarized Zone (DMZ), during the 
     period beginning on September 1, 1967, and ending on August 
     31, 1971.
       ``(b) Diseases.--A disease specified in this subsection 
     is--
       ``(1) a disease specified in paragraph (2) of subsection 
     (a) of section 1116 of this title that becomes manifest as 
     specified in that paragraph; or
       ``(2) any additional disease that--
       ``(A) the Secretary determines in regulations warrants a 
     presumption of service-connection by reason of having 
     positive association with exposure to an herbicide agent; and
       ``(B) becomes manifest within any period prescribed in such 
     regulations.
       ``(c) Herbicide Agent.--For purposes of this section, the 
     term `herbicide agent' has the meaning given such term in 
     section 1821(d) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1116A, as added by section 2, the 
     following new item:

``1116B. Presumption of herbicide exposure for certain veterans who 
              served in Korea.''.

       (c) Implementation.--
       (1) Guidance.--Notwithstanding section 501 of such title, 
     the Secretary of Veterans Affairs may issue guidance to 
     implement section 1116B of title 38, United States Code, as 
     added by subsection (a), before prescribing new regulations 
     under such section.
       (2) Updates.--(A) Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate regarding the plans of the 
     Secretary to respond to inquiries from veterans regarding 
     claims for disability compensation under section 1116B of 
     title 38, United States Code, as added by subsection (a) of 
     this section.
       (B) On a quarterly basis during the period beginning on the 
     date of the enactment of this Act and ending on the date on 
     which regulations are prescribed to carry out such section 
     1116B, the Secretary shall submit to the Committees on 
     Veterans' Affairs of the House of Representatives and the 
     Senate updates on the status of such regulations.
       (3) Pending cases.--
       (A) Authority to stay.--The Secretary may stay a claim 
     described in subparagraph (B) until the date on which the 
     Secretary commences the implementation of section 1116B of 
     title 38, United States Code, as added by subsection (a).
       (B) Claims described.--A claim described in this 
     subparagraph is a claim for disability compensation--
       (i) relating to the service and diseases covered by such 
     section 1116B; and
       (ii) that is pending at the Veterans Benefits 
     Administration or the Board of Veterans' Appeals on or after 
     the date of the enactment of this Act and before the date on 
     which the Secretary commences the implementation of such 
     section 1116B.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2020.

     SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE 
                   VETERANS BORN WITH SPINA BIFIDA.

       (a) In General.--Subchapter III of chapter 18 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1822. Benefits for children of certain Thailand 
       service veterans born with spina bifida

       ``(a) Benefits Authorized.--The Secretary may provide to 
     any child of a veteran of covered service in Thailand who is 
     suffering from spina bifida the health care, vocational 
     training and rehabilitation, and monetary allowance required 
     to be paid to a child of a Vietnam veteran who is suffering 
     from spina bifida under subchapter I of this chapter as if 
     such child of a veteran of covered service in Thailand were a 
     child of a Vietnam veteran who is suffering from spina bifida 
     under such subchapter.
       ``(b) Spina Bifida Conditions Covered.--This section 
     applies with respect to all forms and manifestations of spina 
     bifida, except spina bifida occulta.
       ``(c) Veteran of Covered Service in Thailand.--For purposes 
     of this section, a veteran of covered service in Thailand is 
     any individual, without regard to the characterization of 
     that individual's service, who--
       ``(1) served in the active military, naval, or air service 
     in Thailand, as determined by the Secretary in consultation 
     with the Secretary of Defense, during the period beginning on 
     January 9, 1962, and ending on May 7, 1975; and
       ``(2) is determined by the Secretary, in consultation with 
     the Secretary of Defense, to have been exposed to a herbicide 
     agent during such service in Thailand.
       ``(d) Herbicide Agent.--For purposes of this section, the 
     term `herbicide agent' means a chemical in a herbicide used 
     in support of United States and allied military operations in 
     Thailand, as determined by the Secretary in consultation with 
     the Secretary of Defense, during the period beginning on 
     January 9, 1962, and ending on May 7, 1975.''.
       (b) Conforming Amendment to Definition of ``Child''.--
     Section 1831(1) of such title is amended--
       (1) in subparagraph (B)--
       (A) by striking ``subchapter III of this chapter'' and 
     inserting ``section 1821 of this title''; and
       (B) in clause (i), by striking ``section 1821 of this 
     title'' and inserting ``that section''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) For purposes of section 1822 of this title, an 
     individual, regardless of age or marital status, who--
       ``(i) is the natural child of a veteran of covered service 
     in Thailand (as determined for purposes of that section); and
       ``(ii) was conceived after the date on which that veteran 
     first entered service described in subsection (c) of that 
     section.''.
       (c) Clerical Amendments.--
       (1) Subchapter heading.--The heading for subchapter III of 
     chapter 18 of such title is amended by inserting ``AND 
     THAILAND'' after ``KOREA''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 18 of such title is amended--
       (A) by striking the item relating to subchapter III and 
     inserting the following new item:

   ``subchapter iii--children of certain korea and thailand service 
                   veterans born with spina bifida'';

     and
       (B) by inserting after the item relating to section 1821 
     the following new item:

``1822. Benefits for children of certain Thailand service veterans born 
              with spina bifida.''.

       (d) Implementation.--

[[Page H3745]]

       (1) Guidance.--Notwithstanding section 501 of such title, 
     the Secretary of Veterans Affairs may issue guidance to 
     implement section 1822 of title 38, United States Code, as 
     added by subsection (a), before prescribing new regulations 
     under such section.
       (2) Updates.--(A) Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     report to the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate regarding the plans of the 
     Secretary to respond to inquiries from veterans regarding 
     claims for disability compensation under section 1822 of 
     title 38, United States Code, as added by subsection (a) of 
     this section.
       (B) On a quarterly basis during the period beginning on the 
     date of the enactment of this Act and ending on the date on 
     which regulations are prescribed to carry out such section 
     1822, the Secretary shall submit to the Committees on 
     Veterans' Affairs of the House of Representatives and the 
     Senate updates on the status of such regulations.
       (3) Pending cases.--
       (A) Authority to stay.--The Secretary may stay a claim 
     described in subparagraph (B) until the date on which the 
     Secretary commences the implementation of section 1822 of 
     title 38, United States Code, as added by subsection (a).
       (B) Claims described.--A claim described in this 
     subparagraph is a claim for benefits--
       (i) relating to the spina bifida and service covered by 
     such section 1822; and
       (ii) that is pending at the Veterans Benefits 
     Administration or the Board of Veterans' Appeals on or after 
     the date of the enactment of this Act and before the date on 
     which the Secretary commences the implementation of such 
     section 1822.
       (e) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense, shall submit to 
     the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate a report identifying--
       (1) the military installations of the United States located 
     in Thailand during the period beginning on January 9, 1962, 
     and ending on May 7, 1975, at which an herbicide agent (as 
     defined in section 1822 of title 38, United States Code, as 
     added by subsection (a)) was actively used; and
       (2) the period of such use.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2020.

     SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate an updated report on the 
     findings, as of the date of the updated report, of the 
     Follow-up Study of a National Cohort of Gulf War and Gulf Era 
     Veterans under the epidemiology program of the Department of 
     Veterans Affairs.

     SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Adjustment of Loan Limit.--
       (1) In general.--Section 3703(a)(1) of title 38, United 
     States Code, is amended--
       (A) in subparagraph (A)--
       (i) in clause (i)(IV), by striking ``the lesser of the 
     maximum guaranty amount (as defined in subparagraph (C)) 
     or'';
       (ii) in clause (ii), by striking ``subparagraph (B) of this 
     paragraph'' and inserting ``subparagraph (B) or (C)'';
       (B) in subparagraph (B)--
       (i) by striking ``The maximum'' and inserting ``With 
     respect to loans described in subclauses (I), (II), or (III) 
     of subparagraph (A)(i), the maximum''; and
       (ii) by striking ``or in the case'' and all that follows 
     through ``subparagraph (C)),''; and
       (C) by striking subparagraph (C) and inserting the 
     following new subparagraph (C):
       ``(C)(i) With respect to loans described in subclause (IV) 
     of subparagraph (A)(i) made to a veteran not covered by 
     clause (ii), the maximum amount of guaranty entitlement 
     available to the veteran shall be 25 percent of the loan.
       ``(ii) With respect to loans described in subclause (IV) of 
     subparagraph (A)(i) made to a covered veteran, the maximum 
     amount of guaranty entitlement available to the veteran shall 
     be 25 percent of the Freddie Mac conforming loan limit, 
     reduced by the amount of entitlement previously used by the 
     veteran under this chapter and not restored as a result of 
     the exclusion in section 3702(b) of this title.
       ``(iii) In this subparagraph:
       ``(I) The term `covered veteran' means a veteran who has 
     previously used entitlement under this chapter and for whom 
     the full amount of entitlement so used has not been restored 
     as a result of the exclusion in section 3702(b) of this 
     title.
       ``(II) The term `Freddie Mac conforming loan limit' means 
     the limit determined under section 305(a)(2) of the Federal 
     Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for 
     a single-family residence, as adjusted for the year 
     involved.''.
       (2) Loans to native american veterans.--Section 3762(c) of 
     such title is amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.
       (3) Conforming amendment.--Section 3710(d)(4) of such title 
     is amended by striking ``section 3703(a)(1)(B) of this 
     title'' and inserting ``subparagraph (B) or (C) of section 
     3703(a)(1) of this title''.
       (b) Adjustment of Loan Fees.--Section 3729(b)(2) of title 
     38, United States Code, is amended by striking the loan fee 
     table and inserting the following:


----------------------------------------------------------------------------------------------------------------
                                                       Active duty
                  ``Type of loan                         veteran             Reservist          Other  obligor
----------------------------------------------------------------------------------------------------------------
(A)(i) Initial loan described in section 3710(a)   2.15                 2.40                 NA
 to purchase or construct a dwelling with 0-down,
 or any other initial loan described in section
 3710(a) other than with 5-down or 10-down
 (closed on or after October 1, 2004, and before
 January 1, 2020)
(A)(ii) Initial loan described in section 3710(a)  2.30                 2.30                 NA
 to purchase or construct a dwelling with 0-down,
 or any other initial loan described in section
 3710(a) other than with 5-down or 10-down
 (closed on or after January 1, 2020, and before
 January 1, 2022)
(A)(iii) Initial loan described in section         2.15                 2.15                 NA
 3710(a) to purchase or construct a dwelling with
 0-down, or any other initial loan described in
 section 3710(a) other than with 5-down or 10-
 down (closed on or after January 1, 2022, and
 before October 1, 2029)
(A)(iv) Initial loan described in section 3710(a)  1.40                 1.40                 NA
 to purchase or construct a dwelling with 0-down,
 or any other initial loan described in section
 3710(a) other than with 5-down or 10-down
 (closed on or after October 1, 2029)
(B)(i) Subsequent loan described in section        3.30                 3.30                 NA
 3710(a) to purchase or construct a dwelling with
 0-down, or any other subsequent loan described
 in section 3710(a) (closed on or after October
 1, 2004, and before January 1, 2020)
(B)(ii) Subsequent loan described in section       3.60                 3.60                 NA
 3710(a) to purchase or construct a dwelling with
 0-down, or any other subsequent loan described
 in section 3710(a) (closed on or after January
 1, 2020, and before January 1, 2022)
(B)(iii) Subsequent loan described in section      3.30                 3.30                 NA
 3710(a) to purchase or construct a dwelling with
 0-down, or any other subsequent loan described
 in section 3710(a) (closed on or after January
 1, 2022, and before October 1, 2029)
(B)(iv) Subsequent loan described in section       1.25                 1.25                 NA
 3710(a) to purchase or construct a dwelling with
 0-down, or any other subsequent loan described
 in section 3710(a) (closed on or after October
 1, 2029)
(C)(i) Loan described in section 3710(a) to        1.50                 1.75                 NA
 purchase or construct a dwelling with 5-down
 (closed before January 1, 2020)
(C)(ii) Loan described in section 3710(a) to       1.65                 1.65                 NA
 purchase or construct a dwelling with 5-down
 (closed on or after January 1, 2020, and before
 January 1, 2022)

[[Page H3746]]

 
(C)(iii) Loan described in section 3710(a) to      1.50                 1.50                 NA
 purchase or construct a dwelling with 5-down
 (closed on or after January 1, 2022, and before
 October 1, 2029)
(C)(iv) Loan described in section 3710(a) to       0.75                 0.75                 NA
 purchase or construct a dwelling with 5-down
 (closed on or after October 1, 2029)
(D)(i) Loan described in section 3710(a) to        1.25                 1.50                 NA
 purchase or construct a dwelling with 10-down
 (closed before January 1, 2020)
(D)(ii) Loan described in section 3710(a) to       1.40                 1.40                 NA
 purchase or construct a dwelling with 10-down
 (closed on or after January 1, 2020, and before
 January 1, 2022)
(D)(iii) Loan described in section 3710(a) to      1.25                 1.25                 NA
 purchase or construct a dwelling with 10-down
 (closed on or after January 1, 2022, and before
 October 1, 2029)
(D)(iv) Loan described in section 3710(a) to       0.50                 0.50                 NA
 purchase or construct a dwelling with 10-down
 (closed on or after October 1, 2029)
(E) Interest rate reduction refinancing loan       0.50                 0.50                 NA
(F) Direct loan under section 3711                 1.00                 1.00                 NA
(G) Manufactured home loan under section 3712      1.00                 1.00                 NA
 (other than an interest rate reduction
 refinancing loan)
(H) Loan to Native American veteran under section  1.25                 1.25                 NA
 3762 (other than an interest rate reduction
 refinancing loan)
(I) Loan assumption under section 3714             0.50                 0.50                 0.50
(J) Loan under section 3733(a)                     2.25                 2.25                 2.25''.
----------------------------------------------------------------------------------------------------------------

  

       (c) Waiver of Fees for Purple Heart Recipients.--Section 
     3729(c)(1) of such title is amended--
       (1) by striking ``or from a surviving spouse'' and 
     inserting ``, from a surviving spouse''; and
       (2) by inserting before the period at the end the 
     following: ``, or from a member of the Armed Forces who is 
     serving on active duty and who provides, on or before the 
     date of loan closing, evidence of having been awarded the 
     Purple Heart''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to a loan guaranteed under section 
     3710 of title 38, United States Code, on or after January 1, 
     2020.
       (e) Guidance.--Notwithstanding section 501 of title 38, 
     United States Code, the Secretary of Veterans Affairs may 
     issue guidance to implement this section before prescribing 
     new regulations under sections 3703, 3729, and 3762 of such 
     title, as amended by this section.

     SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF VETERANS 
                   AFFAIRS HOME LOAN APPRAISALS.

       (a) In General.--Section 3731(b) of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
  

       ``(3) The Secretary shall permit an appraiser on a list 
     developed and maintained under subsection (a)(3) to make an 
     appraisal for the purposes of this chapter based solely on 
     information gathered by a person with whom the appraiser has 
     entered into an agreement for such services.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to an appraisal under section 3731 
     of such title, on or after January 1, 2020.
       (c) Guidance.--Notwithstanding section 501 of such title, 
     the Secretary of Veterans Affairs may issue guidance to 
     implement this section before prescribing new regulations 
     under sections 3731 of such title, as amended by subsection 
     (a).

     SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.

  

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P. 
Roe) each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, for the second time in 2 years, this House has arrived 
at a turning point in the journey to adjust VA compensation policy and 
finally recognize U.S. Navy sailors who were exposed to toxic 
herbicides during the Vietnam war.
  Congress has failed our blue water Navy veterans, plain and simple. 
Those who have advocated for and participated in the process to bring 
this legislation to the House floor know this history is deeply tragic. 
By not granting the benefits these veterans earned more than 40 years 
ago, these veterans and their survivors continue to experience 
immeasurable pain, death, and grief caused by the spraying of 12.1 
million gallons of highly toxic Agent Orange during the Vietnam war. It 
was unjust then, and it is unjust now. But today, we have an 
opportunity to right this wrong.
  For Members of Congress, this fraught history comes with a 
responsibility to provide compensation and care for the injury Agent 
Orange exposure has caused. Though the exposures occurred primarily in 
the 1960s, Congress didn't find the resolve to act until 1991, and it 
left out key groups of veterans exposed to Agent Orange, effectively 
denying their suffering that was a direct result of their military 
service.
  Today, we will right this wrong by including three additional 
categories of veterans injured by Agent Orange: the blue water Navy 
Vietnam veterans; the veterans who served in the Korean DMZ; and 
children with spina bifida born to parents exposed during their service 
in Thailand.
  The Blue Water Navy Vietnam Veterans Act of 2019 is the quickest and 
surest way to deliver benefits to these veterans. It is the direct 
result of bipartisan efforts by Ranking Member Phil Roe and myself to 
bring this to the House floor for consideration.
  The 2019 version of H.R. 299 is an updated version of the act this 
House passed unanimously last Congress. It follows the Federal circuit 
court decision in Procopio. That case reversed VA's 1997 decision to 
deny the presumption of Agent Orange exposure to veterans that served 
off the shores of Vietnam.
  The Procopio decision was a huge step forward, but we need more. We 
need to ensure blue water Navy veterans are protected in the event 
Procopio is appealed to the Supreme Court and overturned.
  That is why we have worked together with veteran service 
organizations to establish, without doubt, that blue water Navy 
veterans are entitled to this presumption.
  Our current proposal is very similar to the bill passed in the last 
Congress. It includes crucial geo-coordinates that require VA to 
recognize service off the shore of Vietnam when deciding claims for 
disability compensation for herbicide-related diseases.
  Let me repeat: This proposal is the quickest and clearest route to 
delivering benefits to those deserving veterans. They have waited long 
enough.
  H.R. 299 has the full support of the American Legion, the Veterans of 
Foreign Wars, the Disabled American Veterans, the Vietnam Veterans of 
America, the Paralyzed Veterans of America, and many other veteran 
service organizations.
  I have two letters signed by 25 of these organizations, and I 
included them in the Record.
                                                     May 13, 2019.
     Hon. Mark Takano,
     Chairman, House Veterans' Affairs Committee, Washington, DC.
     Hon. Phil Roe,
     Ranking Member, House Veterans' Affairs Committee, 
         Washington, DC.
       Dear Chairman Takano and Ranking Member Dr. Roe: As leaders 
     of major veterans' organizations, and on behalf of our more 
     than 5 million combined members, we write to offer our 
     strongest support for H.R. 299, the Blue Water Navy Vietnam 
     Veterans

[[Page H3747]]

     Act and to encourage all Members of Congress to vote to 
     approve this legislation.
       As you know, during the 115th Congress, Blue Water Navy 
     legislation passed the House by a vote of 382 to 0; however, 
     the bill was not successful in the Senate. We thank you both 
     for reintroducing Blue Water Navy veteran legislation in the 
     116th Congress and we are grateful that with your leadership 
     H.R. 299 was unanimously reported out of the House Veterans' 
     Affairs Committee on May 8, 2019.
       When VA implemented the Agent Orange Act of 1991, it 
     determined that veterans who received the Vietnam Service 
     Medal, to include those who served in the waters offshore, 
     were exposed to Agent Orange. In 1993, a VA General Counsel 
     opinion held that veterans with service in the waters 
     offshore were exposed to Agent Orange. However, in 1997, VA 
     General Counsel opined that the 1996 Veterans Benefits 
     Improvements Act determined only veterans who physically 
     served in Vietnam were exposed to Agent Orange, although that 
     was not stated in the law.
       To clarify, from 1991 to 1997 veterans with service in the 
     waters offshore of Vietnam were considered to have been 
     exposed to Agent Orange, as Congress intended. The 1997 
     decision to exclude Blue Water Navy veterans was not based on 
     medical or scientific evidence, law, or Congressional intent; 
     it was based on a misinterpretation.
       On January 29th, the U.S. Court of Appeals for the Federal 
     Circuit in Procopio v. Wilkie, overruled VA's previous 
     misinterpretations and determined that service in the 
     Republic of Vietnam includes the territorial waters within 12 
     nautical miles of the baseline.
       H.R. 299 would fully protect Procopio's holdings that 
     service in the Republic of Vietnam includes the territorial 
     waters. The bill would use the same grid coordinates in the 
     legislation approved by the House last year, which would 
     extend beyond 12 nautical miles in some locations, 
     particularly the Mekong Delta.
       H.R. 299 will also expand benefits for Korean DMZ veterans 
     who suffer from diseases and illnesses directly linked to 
     Agent Orange. The bill would provide an earlier date of 
     exposure for Vietnam Era veterans who served on the DMZ.
       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 change would provide these 
     children benefits on par with those received by children of 
     Vietnam veterans.
       For decades, tens of thousands of veterans, their families, 
     and survivors have been denied their earned benefits. While 
     it is long past due, it is time that we correct the injustice 
     done to Blue Water Navy veterans and provide protection of 
     the Procopio decision by passing H.R. 299.
       We thank you for your unwavering commitment and dedication 
     to Blue Water Navy Vietnam veterans. We look forward to the 
     day when we will finally pay a long overdue debt to tens of 
     thousands of Blue Water Navy Vietnam veterans, their families 
     and survivors.
           Respectfully,
     Edward R. Reese, Jr.,
       Executive Director, Washington Headquarters, DAV (Disabled 
     American Veterans).
     Louis Celli, Jr.,
       Executive Director, Government & Veterans Affairs, The 
     American Legion.
     Rick Weidman,
       Executive Director for Policy, Vietnam Veterans of America.
     Dana T. Atkins,
       Lieutenant General, U.S. Air Force (Ret.), President, 
     Military Officers Association of America.
     Robert E. Wallace,
       Executive Director, Veterans of Foreign Wars of the United 
     States.
     Carl Blake,
       Executive Director, Paralyzed Veterans of America.
     Joseph R. Chenelly,
       Executive Director, AMVETS.
     Douglas Greenlaw,
       National Commander, Military Order of the Purple Heart.
                                  ____

  

                                               National Military &


                                            Veterans Alliance,

                                                     May 11, 2019.
     Hon. Mark Takano,
     Chairman, House Veterans Affairs Committee,
     Washington, DC.
     Hon. Phil Roe,
     Ranking Member, House Veterans Affairs Committee,
     Washington, DC.
       Dear Chairman Takano and Ranking Member Roe: The National 
     Military and Veterans Alliance (NMVA), a non-partisan 
     advocacy group comprised of the undersigned military and 
     veteran service organizations, is pleased to offer our 
     support for H.R. 299. H.R. 299--The Blue Water Navy Vietnam 
     Veterans Act. H.R. 299 recognizes and brings relief to 
     veterans 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 by 
     amending Title 38 to recognize the presumption that these 
     veterans have been exposed to the herbicide Agent Orange, 
     notwithstanding that there is no record of evidence of such 
     disease during the period of such service.
       Our organizations are all familiar with the history of 
     Agent Orange and its use in Vietnam. The United States spread 
     over 20,000,000 gallons of the potent chemical-laced 
     herbicide over southern Vietnam throughout the 1960's and 
     first part of the 1970's. These areas included coastal 
     regions and the areas around rivers and streams that emptied 
     into the South China Sea where our Blue Water Navy service 
     members operated.
       U.S. Government-initiated studies have proven that Agent 
     Orange causes cancer and birth defects and there are now 
     numerous documented ways that ``Blue Water'' sailors, like 
     their ``Brown Water'' shipmates, were exposed to Agent Orange 
     while serving aboard ships in these contaminated areas.
       One of the benefits of military service, whether in peace 
     or in a time of war, is the peace of mind that comes with 
     knowing that veterans and their families will be cared for. 
     Politics should, under no circumstances, ever interfere with 
     that peace of mind. The enactment of H.R. 299 will ensure 
     that the veterans and their families who have suffered from 
     the use of Agent Orange by the United States in Vietnam will 
     finally receive the care and relief they need.
       NMVA is also pleased that H.R. 299 solves another inequity 
     by finally extending the VA Home Loan funding fee waiver to 
     active duty Purple Heart recipients. Currently, this waiver 
     is granted only to veterans with VA service-connected 
     disabilities, and we see absolutely no reason why combat-
     wounded service members, the vast majority of whom will 
     almost certainly qualify for VA disability compensation upon 
     discharge, should be denied this significant benefit, simply 
     because they continue to serve in uniform.
       NMVA thanks you for your leadership on these issues and 
     your commitment to service members, veterans, retirees and 
     their families. We look forward to working with you to ensure 
     the passage of this important legislation.
           Sincerely,
     Ted Painter,
       Co-Director, National Military & Veterans Alliance, 
     Executive Director, Armed Forces Retirees Association.
     Aleks Morosk,
       Co-Director, National Military & Veterans Alliance, 
     National Legislative Director, Military Order of the Purple 
     Heart.


National Military and Veterans Alliance Member Organizations Supporting 
                              this Letter

       American Military Society, American Retirees Association, 
     AMVETS, Armed Forces Retirees Association, Army and Navy 
     Union, Association of the United States Navy, Military Order 
     of Foreign Wars, Military Order of the Purple Heart, Military 
     Order of the World Wars, Naval Enlisted Reserve Association, 
     Reserve Officers Association, Sea Service Family Foundation, 
     Society of Military Widows, The Independence Fund, The 
     Retired Enlisted Association, Tragedy Assistance Program for 
     Survivors, VetsFirst, Vietnam Veterans of America.

  Mr. TAKANO. Mr. Speaker, I also want to mention the efforts we made 
to pay for this bill, so it can pass the Senate this Congress.
  Mr. Speaker, I include in the Record the Congressional Budget Office 
scores.

                                      Congressional Budget Office,


                                                U.S. Congress,

                                     Washington, DC, May 13, 2019.
     Hon. Mark Takano,
     Chairman, Committee on Veterans' Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 299, the Blue 
     Water Navy Vietnam Veterans Act of 2019.
       If you wish further details on this estimate, we wil1 be 
     pleased to provide them. The CBO staff contact is Logan 
     Smith.
           Sincerely,
                                                       Keith Hall.
       Enclosure.

                  [By fiscal year, millions of dollars]
------------------------------------------------------------------------
                                            2019    2019-2024  2019-2029
------------------------------------------------------------------------
Direct Spending (Outlays)..............          0        135        -75
Revenues...............................          0          0          0
Deficit Effect.........................          0        135        -75
Spending Subject to Appropriation                0         70        191
 (Outlays).............................
------------------------------------------------------------------------

       Pay-as-you-go procedures apply? Yes.
       Increases on-budget deficits in any of the four consecutive 
     10-year periods beginning in 2030? $5 billion.
       Mandate Effects:
       Contains intergovernmental mandate? No.
       Contains private-sector mandate? No.
       The bill would:
       Modify home loan programs administered by the Department of 
     Veterans Affairs (VA).
       Increase disability compensation and expand health care for 
     more veterans who

[[Page H3748]]

     served in the seas near Vietnam during the Vietnam War.
       Provide disability compensation to certain veterans who 
     served near the Korea Demilitarized Zone.
       Provide payments, vocational training, rehabilitation 
     services, and health care to the biological children of 
     certain veterans who served in Thailand during the Vietnam 
     War if those children have been diagnosed with Spina Bifida.
       Estimated budgetary effects would primarily stem from:
       Changes to VA's home loan programs.
       Increased disability compensation and health care benefits 
     for certain veterans.
       Areas of significant uncertainty include:
       The number of veterans affected by the bill and the change 
     in their disability ratings.
  Mr. TAKANO. Mr. Speaker, the decision in Procopio removed much of the 
cost issues both Chambers struggled with in the last Congress. Because 
we are covering more veterans than the Procopio decision, the ranking 
member and I included a mechanism in the bill to cover both the 
mandatory and discretionary costs. As was the case with the bill that 
passed last Congress, the pay-for results from raising the current rate 
of the filing fee veterans pay when applying for a home loan under the 
VA mortgage guarantee program.
  We are running out of time to do what is right for the blue water 
Navy veterans and the survivors of those veterans we have already lost. 
It is time for Congress to make our intention clear. The evidence 
supports granting this presumption in favor of these veterans.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, today I rise in support of H.R. 299, the Blue Water Navy 
Vietnam Veterans Act of 2019 which would extend the presumption of 
exposure to herbicides to veterans who served in the offshore waters of 
Vietnam.
  I want to thank Chairman Takano for reintroducing this legislation 
and for working with me to get this bill to the House floor.
  It is no surprise that the fight for our blue water Navy Vietnam 
veterans to receive the benefits they deserve is near and dear to me. 
Last Congress, I was heartened by the overwhelming support for these 
veterans when the House passed H.R. 299 by a vote of 382-0.
  To say the least, I was very disappointed that last year's bill 
stalled in the Senate, and never made it to the President's desk. 
However, with 333 cosponsors, it is my hope this legislation passes the 
House with the same bipartisan support as last year's package, and the 
Senate takes it up quickly. I know that is an oxymoron in the Senate, 
but quickly.
  As many of you know, Agent Orange was used in Vietnam to defoliate 
areas in the jungle where enemy forces would ambush our troops. When 
Vietnam veterans began developing diseases as a result of their contact 
with Agent Orange, Congress legislated the Agent Orange presumption to 
streamline benefits for affected veterans.
  Unfortunately, the Department of Veterans Affairs' longstanding 
practice was to limit the presumption to veterans who set foot, boots 
on the ground, in Vietnam or served in inland waterways or brown water.
  The blue water Navy Vietnam veterans were excluded from the 
presumption because VA claims there was not enough information to 
determine whether they came into contact with herbicides. As a result, 
blue water Navy Vietnam veterans must provide evidence that they were 
actually harmed by herbicides.
  I understand how incredibly difficult this must be for veterans who 
try to find any records for potential exposure. I served in the United 
States 2nd Infantry Division in Korea near the DMZ, and I have no way 
to prove where I walked there 40-something years ago. There is just no 
way to prove that.
  But right now, these veterans are suffering from conditions that are 
known to be associated with exposure to Agent Orange, and I believe 
Congress must act to resolve this issue definitively.
  The recent court decision in Procopio was a huge victory for our blue 
water Navy Vietnam veterans. However, it is unclear how VA plans to 
implement the court's holdings. Congress should not wait for this issue 
to work itself out by VA or the courts.
  These veterans have waited long enough to receive acknowledgment from 
VA that their illnesses may have been caused by their military service.
  Mr. Speaker, 523 Vietnam veterans are dying each day. So, if the VA 
and this government waits long enough, we will all die. We need to get 
this done.
  We must pass H.R. 299, as amended, so that our blue water Vietnam 
Navy veterans can qualify for the same benefits as their boots-on-the-
ground and brown-water Navy comrades.
  Moreover, H.R. 299 not only addresses the concerns of blue water Navy 
Vietnam veterans, but also includes provisions that would: one, extend 
the presumption to veterans who served in or near the Korean DMZ on 
September 1, 1967; provide benefits to certain children of Thailand 
veterans who were exposed to Agent Orange; and require VA to identify 
the U.S. military bases located in Thailand where Agent Orange was used 
and when it was used.
  Mr. Speaker, one of my best friends I will ever have in my life who 
served on one of those air bases died of a very rare lymphoma. The 
perimeter was sprayed with Agent Orange, and he died about 4 years ago.
  H.R. 299 also provides an update on current research on their 
potential or in-service toxic exposures of the Gulf War veterans.
  Finally, this bill would make several improvements to the VA home 
loan program, including: changing VA's home appraisal system so that 
veterans can close on their homes quicker and more seamlessly; 
eliminating the conforming home loan limit to allow veterans to use 
their earned VA loan benefits in more expensive areas; extending the 
waiver of home loan funding fees to recipients of the Purple Heart who 
are still serving on Active Duty; and temporarily increasing VA's home 
loan funding fees for nondisabled veterans, which would offset the cost 
of the bill.
  I would be remiss if I did not thank veteran service organizations 
for their unwavering support on this issue. I am particularly grateful 
to the Veterans of Foreign Wars, the Disabled American Veterans, The 
American Legion, the Vietnam Veterans of America, the Paralyzed 
Veterans of America, the Military Officers Association of America, 
AMVETS, and the Military Order of the Purple Heart for their hard work 
on this legislation.
  Mr. Speaker, I just read a study that was published yesterday that 
the United States is going into Vietnam and providing some benefits for 
some of the people there whose offspring were damaged. We are also 
doing mega-site cleanups. We are spending tens of millions of dollars 
to clean up Da Nang and Bien Hoa, the two major air bases where this 
Agent Orange was used.
  It is time we did the same thing for America's veterans here in the 
United States. That is the right thing to do there. It is the right 
thing to do here.
  I think I can speak for all of us today when I say that H.R. 299, as 
amended, does the right thing for our veterans.
  Once again, Mr. Speaker, I encourage all Members to support H.R. 299, 
as amended, and I reserve the balance of my time.

                              {time}  1515

  Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Virginia (Mrs. Luria). She is my good friend and the chairwoman of the 
Disability Assistance and Memorial Affairs Subcommittee and also a 
cosponsor of H.R. 299.
  Mrs. LURIA. Mr. Speaker, I rise today to speak in support of H.R. 
299, the Blue Water Navy Vietnam Veterans Act. As a Navy veteran 
myself, this issue hits close to home, specifically in coastal 
Virginia, the district that I have the honor of representing.
  At my first townhall after taking office, the wife of a Virginia 
Beach Vietnam veteran posed a deeply personal question. She said to me: 
Where is the blue water Navy sailor bill? I have a dying vet at home 
from Agent Orange who wants his country to respond to his service 
during Vietnam.
  After the townhall, I talked with her more in depth on the issue, and 
with tears in her eyes, she asked me again for help and to make sure 
Congress did not forget her husband's service and what he sacrificed 
for our country.
  I stand today to speak on behalf of the Blue Water Navy Vietnam 
Veterans Act so that my constituent and

[[Page H3749]]

so many others across the Nation will know that we have not forsaken 
their service.
  I am thankful to the House of Representatives for stepping up to the 
plate and fulfilling our responsibility to our veterans and their 
service to America. I am proud to support their cause today.
  This bipartisan bill on the floor would finally correct an injustice 
for veterans who are suffering and dying from conditions related to 
Agent Orange exposure and who have been unfairly denied VA disability 
and health benefits for more than four decades.
  For those who may not know, blue water Navy Vietnam veterans are 
servicemembers who served at sea off the shore of Vietnam during the 
Vietnam war.
  A Federal Court, in January, ruled that the VA was wrong in denying 
disability and health benefits to blue water Navy Vietnam veterans who 
were exposed to the toxin Agent Orange; however, the administration has 
not yet committed to implementing this decision. As a result, the blue 
water Navy veterans are still in limbo, and Congress must act to secure 
their benefits.
  Mr. Speaker, I urge quick House passage of our bipartisan legislation 
so our Senate colleagues can do the same and get this to the White 
House and pass it into law.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Bost), who was the previous chairman of 
the Disability Assistance and Memorial Affairs Subcommittee and is now 
ranking member.
  Mr.   Mike Bost is a marine veteran who also led a bill that we 
passed 2 years ago, the appeals modernization bill, a bill that has 
helped so many disabled veterans get their claims adjudicated more 
quickly.
  Mr. BOST. Mr. Speaker, I rise today in support of H.R. 299, the Blue 
Water Navy Vietnam Veterans Act.
  I am a marine and a member of the Veterans' Affairs Committee. Caring 
for our Nation's men and women who have served is a top priority for me 
and for my staff and, I know, for the members of this committee. They 
should have peace of mind knowing that they will be cared for by this 
grateful Nation.
  I have had many veterans come into my office with health problems. 
Sometimes they can't pinpoint the problem at all, but all too often 
they can if they served in Vietnam: It is exposure to Agent Orange.
  We now have 100,000 Navy veterans who served on ships during the 
Vietnam war and later became ill from their service due to exposure to 
Agent Orange. Unfortunately, without this legislation, they do not 
qualify for the same benefits as their fellow veterans who served on 
the ground.
  We must do better. Today's legislation is a step forward in the right 
direction. This critical legislation ensures they receive benefits for 
any condition they may have developed as a result of exposure to Agent 
Orange. It is a bipartisan bill, and it puts our veterans first.
  As has been mentioned before, we passed this bill to the Senate last 
Congress. Unfortunately, the Senate did not, and was not, able to take 
it up. My hope and my prayer is that we pass this quickly, that it goes 
to the Senate, that they quickly do their job, and that, with that, we 
can get it to this President's desk, get it signed, and take care of 
these veterans who deserve it and have waited so long.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume to 
say that my good friend, Congressman Courtney from Connecticut, is, 
unfortunately, unable to join us to speak in support of the Blue Water 
Navy Vietnam Veterans Act due to an illness. The gentleman from 
Connecticut has been a steadfast advocate for the blue water Navy 
veterans and the veterans in his district, and I want to express my 
gratitude to him for pushing the Veterans' Affairs Committee and the 
House to right this wrong and ensure veterans receive the benefits they 
are owed.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentleman from Pennsylvania (Mr. Meuser).  Dan Meuser is a new and very 
dedicated member of our committee.
  Mr. MEUSER. Mr. Speaker, I thank Dr. Roe for the time.
  Mr. Speaker, I rise today as well in support of H.R. 299, the Blue 
Water Navy Vietnam Veterans Act of 2019, an important bipartisan bill 
that will finally guarantee equality for the blue water Navy Vietnam 
veterans exposed to Agent Orange.
  Agent Orange was used by the U.S. military to strategically clear 
terrain and deforest areas during the Vietnam war. This tactical 
chemical has been linked, however, to prostate cancer, Parkinson's 
disease, and many other diseases.
  For far too long, only veterans who served on Vietnam's landmass or 
inland waterways were entitled to the service-connected presumption of 
exposure to Agent Orange. This legislation ensures that the same 
automatic presumption is provided to those who served in the 
territorial seas of Vietnam. H.R. 299 addresses and permanently fixes 
this by properly defining those who will be eligible for VA benefits 
related to Agent Orange.

  With this bill, we ensure that blue water Navy veterans will be 
treated fairly and will receive the benefits and care they deserve. I 
am proud to be a cosponsor of this important bill, and I will continue 
to work for our Nation's veterans, providing them the care and benefits 
they have earned.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume to 
pay tribute to the late Congressman Walter B. Jones, Jr., from North 
Carolina, who cosponsored H.R. 299 at the very beginning of this 
Congress. It saddens me that we weren't able to pass this bipartisan 
bill into law before his passing. As a former member of the North 
Carolina National Guard, he would be proud to know that this bill was 
being considered on the House floor today and that we will continue to 
push to get this legislation passed into law.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, first of all, I would 
like to thank the chairman. I know Walter's family appreciates that. He 
served this House, this Chamber, honorably for so many years and was an 
incredible supporter of our Nation's veterans. I know his family and I 
certainly appreciate the chairman's acknowledging his service and his 
dedication to our veterans.
  Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. 
Zeldin). I have been to his district, and there is no better and more 
fervent supporter of our Nation's veterans.
  Mr. ZELDIN. Mr. Speaker, I thank the ranking member, and I thank the 
chairman for bringing this bill to the entire committee in a bipartisan 
fashion again. This is the second time that the House has taken action 
to pass this legislation. It is incredibly important for the Senate to 
do their part to help make this actually become law. I am looking 
forward to that bill signing, and it is decades overdue.
  I rise today in support of H.R. 299, the Blue Water Navy Vietnam 
Veterans Act, of which I am a proud cosponsor. This bill expands 
treatment coverage for those affected by Agent Orange from 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.
  I live in a county called Suffolk in the State of New York. We have 
the largest veterans population of any county in the entire State. 
Thousands of Vietnam veterans and their families would now be able to 
receive benefits that 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 care.
  Additionally, this legislation includes my bill, the Flexible VA Loan 
Guarantee Act, which expands veterans' opportunity for homeownership by 
eliminating the loan limit the VA can guarantee. This is especially 
critical in districts like mine.
  I thank Chairman Takano and Ranking Member Roe for bringing this bill 
to the floor, and I urge all my colleagues in the Chamber to vote for 
it.
  As I mentioned, this is the second time this legislation is passing 
the House. It is incredibly important that

[[Page H3750]]

all those in the Capitol on the other side in the Senate do the same. I 
urge them to immediately take up the Blue Water Navy Vietnam Veterans 
Act and care for all of our Nation's servicemembers.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  I want to take a moment on this historic day to recognize the effort 
of former Veterans' Affairs Committee Ranking Member Tim Walz. He was a 
primary mover of the Blue Water Navy Vietnam Veterans Act for 12 years 
while he was in Congress, and I know this effort was very important to 
him.
  He said many times that compensating and providing care for toxic 
exposures is one of the greatest challenges the Veterans' Affairs 
Committee faces but that no veteran should ever have to wait more than 
40 years again.
  When he left, he challenged us to make sure that this pattern of 
denying benefits does not continue. As chairman of this committee, I 
will do what I can to meet Tim Walz's challenge.
  Mr. Speaker, I know that Tim has a big smile on his face in the 
Governor's mansion back in Minnesota, and I just want him to know that 
he has had a big part in today's victory.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself the 
balance of my time.
  Mr. Speaker, we all know why dioxin, or Agent Orange, was sprayed in 
Vietnam. At the time we thought, our government thought, that we were 
protecting our troops by spraying this defoliant to expose the hiding 
places where they were being ambushed. We understand that. I get that.
  Mr. Speaker, if you were at an air base in Thailand and you were 
being attacked on the perimeter, I understand why it was being done. It 
turns out it was a horrific mistake, and it is costing lives now.
  It is time to do the right thing, and the right thing with 523 of us 
dying each day is to pass this bill, H.R. 299, and get it to the 
Senate. I believe the chairman and I would like to challenge the Senate 
to start hearing this and perhaps even vote on it before Memorial Day. 
That would be the right thing to do.
  Also, I want to thank Congressman David Valadao, who is no longer 
here, along with my good friend Mr. Walz, who is now the Governor of 
Minnesota. Congressman Valadao was very helpful. There was not a day on 
the House floor that I was down here that David was not asking me: When 
are we going to get the Blue Water Navy bill passed? When are we going 
to pass this bill?

  Mr. Speaker, it is time to stop talking about it, and it is time to 
do something about it. The reason that it is important to not let the 
courts decide is another court may decide just like 1997, when they 
changed what the VA was doing. So it is time to put this in the 
footprint of the law so that there is no question about what we do.
  In closing, Mr. Speaker, I want to thank the chairman. I want to 
thank him for when he was a member of the committee when I was chairman 
of the last Congress, how hard we all worked in a bipartisan way to get 
this done.
  Just so the public knows, last week, we passed 18 bills--this is one 
of them--out of our committee in a bipartisan way on a voice vote. 
Congress can work. This is one of the ways it does work very well. 
Again, I want to thank my staff and the majority staff for their help 
with this.
  Mr. Speaker, I urge all of my colleagues to support this bill, and I 
yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, passage of this legislation is a once-in-a-generation 
opportunity to right an injustice. I urge all my colleagues to champion 
this legislation, H.R. 299, as amended, so we can finally pass it into 
law and get justice for these veterans.
  I associate myself with the challenge that the ranking member has 
made to the Senate. I would have rather they got it done by the end of 
the week, but I would be perfectly happy if we get the Blue Water Navy 
bill done by Memorial Day.

                              {time}  1530

  I, too, want to congratulate the hard work of my staff and your 
staff, for their working together. The solidarity that our staffs had 
in getting this bill to the floor, done, and tied with a ribbon and bow 
was really important. I appreciate the bipartisan spirit that not only 
exists between me and the gentleman, and the members of our committee, 
but also the spirit of cooperation that exists with our respective 
staffs.
  Mr. Speaker, the Veterans' Affairs Committee is that corner of 
Congress that still works. It is with great pride today that I close 
out these remarks and urge my colleagues to support H.R. 299, as 
amended.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BISHOP of Georgia. Mr. Speaker, I rise to speak in support of 
H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2019.
  During the Vietnam War, the United States Military sprayed 
approximately 20 million gallons of Agent Orange, across the southern 
half of Vietnam to destroy jungle foliage that concealed enemy 
personnel and supply routes. The Agent Orange was carried into rivers 
by soil and plant run-off. The hydraulic plumes from where the rivers 
met the coast mixed hundreds of miles of coastal water with 
contaminated river water. To make matters worse, rivers and harbors 
were also sprayed, contaminating the ocean water even further.
  Due to the constant churning of the seabed from U.S. Navy Vessels 
moving up and down the coast, the Agent Orange would rise to the 
surface where it would be picked up every time Navy ships converted the 
salt water into potable water. A University of Queensland study on the 
Australian distillation system, which is the identical system used in 
U.S. ships, determined that the conversion process enriched the toxic 
chemical ingredient Tetrachlorodibenzo-p-Dioxin (TCDD) in Agent Orange 
to an even higher concentration in the filtered water. The contaminated 
water was then used by a ship's crew for cooking, cleaning, showering, 
laundry, and drinking, effectively giving our sailors a heavy exposure 
to Agent Orange during their deployment.
  Medical research concluded that exposure to the dioxin found in Agent 
Orange causes numerous health issues including respiratory and blood 
cancers, prostate cancer, and non-Hodgkin's lymphoma. According to a 
report from the Institute of Medicine, individuals with exposure to 
Agent Orange at an increased risk of developing serious heart problems 
and Parkinson's disease.
  Until 2002, presumptive coverage for accessing health care for these 
side effects was provided to our Blue Water Navy Veterans. However, the 
Department of Veterans Affairs, failed to recognize the territorial 
seas as a part of the sovereign territory of Vietnam. The VA 
unilaterally decided that it would only provide presumptive coverage to 
those Veterans who served on land or on inland waterways.
  Veterans that were exposed to these toxic chemicals, while serving 
their country have been neglected for too long. Congress must act on 
this pressing issue by passing this important piece of legislation that 
is supported by 333 co-sponsors. H.R. 299 extends the presumption of 
exposure for service connection for diseases associated with exposure 
to Agent Orange to U.S. Navy Veterans who served offshore during 
wartime missions and also lengthens eligibility for VA benefits to 
certain children with spina bifida who were born to Veterans who served 
in Thailand and were exposed to Agent Orange.
  I urge my colleagues to support this bipartisan bill. Those Veterans 
who sacrificed their lives on behalf of America's freedom truly deserve 
better.
  Ms. McCOLLUM. Mr. Speaker, I rise in strong support of the Blue Water 
Navy Vietnam Veterans Act of 2019 (H.R. 299).
  When our brave men and women sign up to serve, the American people 
make a promise to them. We assure them of clearly defined benefits that 
are guaranteed upon completion of their service. Unfortunately, for 
many veterans of the Vietnam era who served offshore of the Republic of 
Vietnam, our government fell short of this solemn duty.
  In 1991, Congress passed the Agent Orange Act, legislation that 
instituted the presumption of service connection for certain diseases 
linked to exposure to defoliants and herbicides like Agent Orange. This 
law built upon the Veterans' Dioxin and Radiation Exposure Compensation 
Standards Act of 1984 that directed the Department of Veterans Affairs 
to develop a system of disability compensation for Vietnam era veterans 
who had been exposed to Agent Orange.
  However, these laws failed to acknowledge that veterans who served in 
the territorial seas during the Vietnam War, known as Blue Water Navy 
Veterans, were also exposed to Agent Orange. In addition to handling 
toxic chemicals onboard naval vessels, many of these chemicals polluted 
rivers and streams in Vietnam that ran into the territorial seas. This 
contaminated water was then used by the U.S. Navy for drinking, 
bathing, and other purposes.

[[Page H3751]]

  H.R. 299 finally acknowledges that our Blue Water Navy Veterans were 
exposed to these toxic chemicals. It remedies the inequity among 
veterans of the Vietnam era by extending the presumption of service 
connection for certain conditions to those who served offshore, and it 
is a long overdue step towards making these veterans whole. I hope that 
the Senate will swiftly take up this legislation once the House passes 
it today.
  Mr. Speaker, I strongly urge my colleagues to support this 
legislation and finally welcome back home our Blue Water Navy Veterans.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) 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. TAKANO. 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.

                          ____________________