[House Report 118-64]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-64

======================================================================
 
               KOREAN AMERICAN VIETNAM ALLIES LONG OVERDUE FOR 
                                 RELIEF ACT

                                _______
                                

  May 16, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Bost, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 366]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 366) to amend title 38, United States Code, to 
treat certain individuals who served in Vietnam as a member of 
the armed forces of the Republic of Korea as a veteran of the 
Armed Forces of the United States for purposes of the provision 
of health care by the Department of Veterans Affairs, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Subcommittee Consideration.......................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Correspondence.........................................
Committee Oversight Findings.....................................     4
Statement of General Performance Goals and Objectives............     4
Earmarks and Tax and Tariff Benefits.............................     4
Committee Cost Estimate..........................................     4
Budget Authority and Congressional Budget Office Estimate........     4
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Statement on Duplication of Federal Programs.....................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill as Reported.............     6

                          Purpose and Summary

    H.R. 366, the ``Korean American Vietnam Allies Long Overdue 
for Relief Act'' or ``Korean American VALOR Act,'' was 
introduced by Representative Mark Takano of California, the 
Ranking Member of the Committee on Veterans' Affairs, on 
January 13, 2023.
    H.R. 366 would allow VA to enter into an agreement with the 
Republic of Korea to authorize certain VA health care benefits 
to Korean American citizens who served as a member of the armed 
forces of the Republic of Korea Armed Forces as an ally during 
the Vietnam War, beginning on January 9, 1962, and ending on 
May 7, 1975, and who have become naturalized U.S. citizens 
during or after their service.

                  Background and Need for Legislation

    Since 1958, through its Allied Beneficiary Program, the 
Department of Veteran Affairs (VA) has been furnishing 
healthcare services to veterans who served in the armed forces 
of nations that were allies of the United States during World 
War I and World War II.\1\
---------------------------------------------------------------------------
    \1\The Allied Beneficiary Program was established under P.L. 85-
857.
---------------------------------------------------------------------------
    The U.S. has established reciprocal agreements with the 
United Kingdom, Australia, New Zealand, Canada, and South 
Africa. Veterans from these nations do not need to be U.S. 
citizens to be eligible for care, and VA has the authority to 
treat veterans of any combat era. U.S. veterans living in these 
nations are consequently eligible for co-pay-free care under 
the nation's respective healthcare system, and the U.S. 
government reimburses the host nation. In 1976, during the Cold 
War, VA's Allied Beneficiary Program was extended to certain 
veterans who had served in the armed forces of Czechoslovakia 
or Poland during World War I or World War II, who subsequently 
became U.S. citizens. At the time, Congress did not require a 
reciprocal agreement for these countries as an explicit gesture 
to communist governments of Eastern Europe; America would cover 
the costs of care of veterans who fought for democracy. To this 
day VA is not reimbursed for the care provided to Czech and 
Polish veterans. Thousands of allied veterans who reside in the 
U.S. have received culturally competent care at VA. In fiscal 
year 2022, for example, VA provided care to 1,360 allied 
beneficiaries, the vast majority of whom are under age 65, from 
the abovementioned countries.\2\
---------------------------------------------------------------------------
    \2\Department of Veterans Affairs, FY 2023 Budget Submission: 
Volume II, p. VHA-50 (Washington, D.C.: March 28, 2022).
---------------------------------------------------------------------------
    Over 300,000 Koreans fought alongside the United States in 
Vietnam. The VALOR Act would create a pathway for Korean 
American veterans of the Vietnam War to access healthcare 
through VA. This legislation would provide some measure of long 
overdue parity for approximately 2,800 veterans of the armed 
forces of the Republic of Korea, who have since become 
naturalized U.S. citizens. Unlike counterparts from other 
allied nations, these veterans have never had access to VA 
healthcare. As a beneficiary of these veterans' sacrifices 
during the Vietnam War, the Committee believes that the U.S. 
must ensure they finally receive the same respect and 
consideration their counterparts from other allied nations have 
received for decades. The needs of Korean American veterans of 
the Vietnam War are no different from those of U.S.-born 
veterans. From Agent Orange exposure to coping with complex 
injuries to managing post-traumatic stress disorder--these 
veterans deserve the specialized care and services only VA can 
provide. Finally, the parity created by this legislation would 
show our gratitude and reaffirm this nation's commitment to our 
strategic alliance with South Korea as we celebrate its 70th 
anniversary this year.

                                Hearings

    On March 29, 2023, the Health Subcommittee held a 
legislative hearing on H.R. 366, and other bills pending before 
the subcommittee. The following witnesses testified:
          The Honorable Mark Takano, U.S. House of 
        Representatives, 39th Congressional District, 
        California; The Honorable Frank Mrvan, U.S. House of 
        Representatives, 1st Congressional District, Indiana; 
        The Honorable Brian Mast, U.S. House of 
        Representatives, 21st Congressional District, Florida; 
        The Honorable Jim Baird, U.S. House of Representatives, 
        4th Congressional District, Indiana; The Honorable John 
        Moolenaar, U.S. House of Representatives, 2nd 
        Congressional District, Michigan; The Honorable Steve 
        Womack, U.S. House of Representatives, 3rd 
        Congressional District, Arkansas; The Honorable Debbie 
        Lesko, U.S. House of Representatives, 8th Congressional 
        District, Arizona; Mr. Alfred Montoya, Deputy Assistant 
        Under Secretary for Health for Operations, Veterans 
        Health Administration, U.S. Department of Veterans 
        Affairs; Dr. Scotte Hartronft, Executive Director, 
        Office of Geriatrics and Extended Care, Veterans Health 
        Administration, U.S. Department of Veterans Affairs; 
        Mr. David Perry, Chief Officer Workforce Management, 
        Veterans Health Administration, U.S. Department of 
        Veterans Affairs; Mr. Jon Retzer, Assistant National 
        Legislative Director, Disabled American Veterans; Ms. 
        Tiffany Ellett, Deputy Director of Health Policy, The 
        American Legion; Mr. Morgan Brown, National Legislative 
        Director, Paralyzed Veterans of America.
          The following individuals and organizations submitted 
        statements for the record:
          Veterans of Foreign Wars of the United States; 
        Student Veterans of America; Elizabeth Dole Foundation.

                       Subcommittee Consideration

    On April 18, 2023, the Health Subcommittee met in open 
markup session, a quorum being present, and ordered H.R. 366 be 
reported favorably to the House Committee on Veterans Affairs 
by voice vote.
    A motion by Ranking Member Brownley of California to report 
H.R. 366 favorably to the House Committee on Veterans Affairs 
was agreed to by voice vote.

                        Committee Consideration

    On April 28, 2023, the full Committee met in open markup 
session, a quorum being present, and ordered H.R. 366 be 
reported favorably to the House of Representatives by voice 
vote.
    A motion by Ranking Member Takano of California to report 
H.R. 366 favorably to the House of Representatives was agreed 
to by voice vote.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, no recorded votes were taken on 
amendments or in connection with ordering H.R. 366 reported to 
the House.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of H.R. 366 are to provide improvements to 
healthcare benefits provided to veterans.

                  Earmarks and Tax and Tariff Benefits

    H.R. 366 does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
366 prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

           Budget Authority and Congressional Budget Office 
                             Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
for H.R. 366 provided by the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974:




    H.R. 366 would require the Department of Veterans Affairs 
(VA) to provide health care and related services to members of 
the armed forces of the Republic of Korea who served in Vietnam 
during the period from January 9, 1962, to May 7, 1975. VA 
would provide that treatment under the condition that Korea 
reimburse VA for those services. Amounts paid to VA as 
reimbursement would be credited to the appropriation from which 
costs for providing that health care were spent.
    CBO expects that establishing an agreement and mechanism 
for VA to accept reimbursements from Korea would increase 
administrative costs by less than $500,000 over the 2023-2028 
period. Such spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Etaf Khan. The 
estimate was reviewed by Chad Chirico, Deputy Director of 
Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 366 prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be created by H.R. 
366.

                  Applicability to Legislative Branch

    The Committee finds that H.R. 366 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

              Statement on Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 366 establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

             Section-by-Section Analysis of the Legislation


Section 1: Short title

    Section 1 would establish the short title as the ``Korean 
American Vietnam Allies Long Overdue for Relief Act'' or the 
``Korean American VALOR Act.''

Section 2: Provision of certain benefits to individuals who served in 
        the armed force of the Republic of Korea

    Section 2 would amend Section 109 of title 38 U.S.C., by 
adding at the end the following new subsection:
          ``Section (d)(1) would make any person described in 
        paragraph (2) eligible for the benefits specified in 
        subsection (a) to the same extent and under the same 
        conditions as a discharged member of the armed forces 
        of a government specified in such subsection who is 
        eligible for such benefits.
          Section (2) would describe such a person as one who 
        the Secretary determines served in Vietnam as a member 
        of the armed forces of the Republic of Korea at any 
        time during the period beginning on January 9, 1962, 
        and ending on May 7, 1975, or other period determined 
        appropriate by the Secretary.''

         Changes in Existing Law Made by The Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 38, UNITED STATES CODE




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PART I--GENERAL PROVISIONS

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CHAPTER 1--GENERAL

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Sec. 109. Benefits for discharged members of allied forces

  (a)(1) In consideration of reciprocal services extended to 
the United States, the Secretary, upon request of the proper 
officials of the government of any nation allied or associated 
with the United States in World War I (except any nation which 
was an enemy of the United States during World War II), or in 
World War II, may furnish to discharged members of the armed 
forces of such government, under agreements requiring 
reimbursement in cash of expenses so incurred, at such rates 
and under such regulations as the Secretary may prescribe, 
medical, surgical, and dental treatment, hospital care, 
transportation and traveling expenses, prosthetic appliances, 
education, training, or similar benefits authorized by the laws 
of such nation for its veterans, and services required in 
extending such benefits. Hospitalization in a Department 
facility shall not be afforded under this section, except in 
emergencies, unless there are available beds surplus to the 
needs of veterans of this country. The Secretary may also pay 
the court costs and other expenses incident to the proceedings 
taken for the commitment of such discharged members who are 
mentally incompetent to institutions for the care or treatment 
of the insane.
  (2) The Secretary, in carrying out the provisions of this 
subsection, may contract for necessary services in private, 
State, and other Government hospitals.
  (3) All amounts received by the Department as reimbursement 
for such services shall be credited to the current 
appropriation of the Department from which expenditures were 
made under this subsection.
  (b) Persons who served in the active service in the armed 
forces of any government allied with the United States in World 
War II and who at time of entrance into such active service 
were citizens of the United States shall, by virtue of such 
service, and if otherwise qualified, be entitled to the 
benefits of chapters 31 and 37 of this title in the same manner 
and to the same extent as veterans of World War II are 
entitled. No such benefit shall be extended to any person who 
is not a resident of the United States at the time of filing 
claim, or to any person who has applied for and received the 
same or any similar benefit from the government in whose armed 
forces such person served.
  (c)(1) Any person who served during World War I or World War 
II as a member of any armed force of the Government of 
Czechoslovakia or Poland and participated while so serving in 
armed conflict with an enemy of the United States and has been 
a citizen of the United States for at least ten years shall, by 
virtue of such service, and upon satisfactory evidence thereof, 
be entitled to hospital and domiciliary care and medical 
services within the United States under chapter 17 of this 
title to the same extent as if such service had been performed 
in the Armed Forces of the United States unless such person is 
entitled to, or would, upon application thereof, be entitled 
to, payment for equivalent care and services under a program 
established by the foreign government concerned for persons who 
served in its armed forces in World War I or World War II.
  (2) In order to assist the Secretary in making a 
determination of proper service eligibility under this 
subsection, each applicant for the benefits thereof shall 
furnish an authenticated certification from the French Ministry 
of Defense or the British War Office as to records in either 
such Office which clearly indicate military service of the 
applicant in the Czechoslovakian or Polish armed forces and 
subsequent service in or with the armed forces of France or 
Great Britain during the period of World War I or World War II.
  (d)(1) Any person described in paragraph (2) is eligible for 
the benefits specified in subsection (a) to the same extent and 
under the same conditions (including with respect to applicable 
reciprocity requirements) as a discharged member of the armed 
forces of a government specified in such subsection who is 
eligible for such benefits under such subsection.
  (2) A person described in this paragraph is a person whom the 
Secretary determines served in Vietnam as a member of the armed 
forces of the Republic of Korea at any time during the period 
beginning on January 9, 1962, and ending on May 7, 1975, or 
such other period as determined appropriate by the Secretary 
for purposes of this subsection.

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