[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.
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