I
116TH CONGRESS
1ST SESSION
H. R. 203
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2019
Mr. DAVID P. ROE of Tennessee introduced the following bill; which was
referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to clarify presump-
tions relating to the exposure of certain veterans who
served in the vicinity of the Republic of Vietnam, and
for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Blue Water Navy Viet-
4
nam Veterans Act of 2019’’.
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SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE
1
FOR VETERANS WHO SERVED IN VICINITY OF
2
REPUBLIC OF VIETNAM.
3
(a) IN GENERAL.—Chapter 11 of title 38, United
4
States Code, is amended by inserting after section 1116
5
the following new section:
6
‘‘§ 1116A. Presumptions of service connection for vet-
7
erans who served offshore of the Repub-
8
lic of Vietnam
9
‘‘(a) SERVICE CONNECTION.—For the purposes of
10
section 1110 of this title, and subject to section 1113 of
11
this title, a disease covered by section 1116 of this title
12
becoming manifest as specified in that section in a veteran
13
who, during active military, naval, or air service, served
14
offshore of the Republic of Vietnam during the period be-
15
ginning on January 9, 1962, and ending on May 7, 1975,
16
shall be considered to have been incurred in or aggravated
17
by such service, notwithstanding that there is no record
18
of evidence of such disease during the period of such serv-
19
ice.
20
‘‘(b) EXPOSURE.—A veteran who, during active mili-
21
tary, naval, or air service, served offshore of the Republic
22
of Vietnam during the period beginning on January 9,
23
1962, and ending on May 7, 1975, shall be presumed to
24
have been exposed during such service to an herbicide
25
agent unless there is affirmative evidence to establish that
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the veteran was not exposed to any such agent during that
1
service.
2
‘‘(c) EFFECTIVE DATE OF AWARD.—(1) Except as
3
provided by paragraph (2), the effective date of an award
4
under this section shall be determined in accordance with
5
section 5110 of this title.
6
‘‘(2)(A) Notwithstanding subsection (g) of section
7
5110 of this title, the Secretary shall determine the effec-
8
tive date of an award based on a claim under this section
9
for an individual described in subparagraph (B) by treat-
10
ing the date on which the individual filed the prior claim
11
specified in clause (i) of such subparagraph as the date
12
on which the individual filed the claim so awarded under
13
this section.
14
‘‘(B) An individual described in this subparagraph is
15
a veteran, or a survivor of a veteran, who meets the fol-
16
lowing criteria:
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‘‘(i) The veteran or survivor submitted a claim
18
for disability compensation on or after September
19
25, 1985, and before January 1, 2020, for a disease
20
covered by this section, and the claim was denied by
21
reason of the claim not establishing that the disease
22
was incurred or aggravated by the service of the vet-
23
eran.
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‘‘(ii) The veteran or survivor submits a claim
1
for disability compensation on or after January 1,
2
2020, for the same condition covered by the prior
3
claim under clause (i), and the claim is approved
4
pursuant to this section.
5
‘‘(d) DETERMINATION
OF
OFFSHORE.—Notwith-
6
standing any other provision of law, for purposes of this
7
section, the Secretary shall treat a location as being off-
8
shore of Vietnam if the location is not more than 12 nau-
9
tical miles seaward of a line commencing on the south-
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western demarcation line of the waters of Vietnam and
11
Cambodia and intersecting the following points:
12
‘‘Points Geographic Names
Latitude
North
Lon-
gitude
East
At Hon Nhan Island, Tho Chu Archipelago
Kien Giang Province
9°15.0’
103°27.0’
At Hon Da Island southeast of Hon Khoai Is-
land Minh Hai Province
8°22.8’
104°52.4’
At Tai Lon Islet, Con Dao Islet in Con Dao-
Vung Toa Special Sector
8°37.8’
106°37.5’
At Bong Lai Islet, Con Dao Islet
8°38.9’
106°40.3’
At Bay Canh Islet, Con Dao Islet
8°39.7’
106°42.1’
At Hon Hai Islet (Phu Qui group of islands)
Thuan Hai Province
9°58.0’
109°5.0’
At Hon Doi Islet, Thuan Hai Province
12°39.0’
109°28.0’
At Dai Lanh point, Phu Khanh Province
12°53.8’
109°27.2’
At Ong Can Islet, Phu Khanh Province
13°54.0’
109°21.0’
At Ly Son Islet, Nghia Binh Province
15°23.1’
109° 9.0’
At Con Co Island, Binh Tri Thien Province
17°10.0’
107°20.6’
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‘‘(e) HERBICIDE AGENT.—In this section, the term
1
‘herbicide agent’ has the meaning given that term in sec-
2
tion 1116 (a)(3) of this title.’’.
3
(b) CLERICAL AMENDMENT.—The table of sections
4
at the beginning of such chapter is amended by inserting
5
after the item relating to section 1116 the following new
6
item:
7
‘‘1116A. Presumptions of service connection for veterans who served offshore of
the Republic of Vietnam.’’.
(c) IMPLEMENTATION.—
8
(1) GUIDANCE.—Notwithstanding section 501
9
of title 38, United States Code, the Secretary of
10
Veterans Affairs may issue guidance to implement
11
section 1116A of such title, as added by subsection
12
(a), before prescribing new regulations under such
13
section.
14
(2) UPDATES.—On a quarterly basis during the
15
period beginning on the date of the enactment of
16
this Act and ending on the date on which regula-
17
tions are prescribed to carry out such section
18
1116A, the Secretary shall submit to the Commit-
19
tees on Veterans’ Affairs of the House of Represent-
20
atives and the Senate updates on the status of such
21
regulations.
22
(3) PENDING CASES.—
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(A) AUTHORITY TO STAY.—The Secretary
1
may stay a claim described in subparagraph
2
(B) until the date on which the Secretary com-
3
mences the implementation of such section
4
1116A.
5
(B) CLAIMS
DESCRIBED.—A claim de-
6
scribed in this subparagraph is a claim for dis-
7
ability compensation—
8
(i) relating to the service and diseases
9
covered by such section 1116A; and
10
(ii) that is pending at the Veterans
11
Benefits Administration or the Board of
12
Veterans’ Appeals on or after the date of
13
the enactment of this Act and before the
14
date on which the Secretary commences
15
the implementation of such section 1116A.
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(d) OUTREACH.—
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(1) REQUIREMENT.—The Secretary of Veterans
18
Affairs shall conduct outreach to inform veterans de-
19
scribed in paragraph (2) of the ability to submit a
20
claim for disability compensation under section
21
1116A of title 38, United States Code, as added by
22
subsection (a).
23
(2) VETERAN DESCRIBED.—A veteran described
24
in this paragraph is a veteran who, during active
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military, naval, or air service, served offshore of the
1
Republic of Vietnam during the period beginning on
2
January 9, 1962, and ending on May 7, 1975.
3
(e) REPORTS.—Not later than January 1, 2021, and
4
not later than January 1, 2023, the Secretary of Veterans
5
Affairs shall submit to the Committees on Veterans’ Af-
6
fairs of the House of Representatives and the Senate a
7
report on claims for disability compensation under section
8
1116A of title 38, United States Code, as added by sub-
9
section (a). Each report shall include the following with
10
respect to the period covered by the report, disaggregated
11
by the regional offices of the Department of Veterans Af-
12
fairs:
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(1) The number of claims filed under such sec-
14
tion.
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(2) The number of such claims granted.
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(3) The number of such claims denied.
17
(f) HEALTH CARE.—Section 1710(e)(4) of title 38,
18
United States Code, is amended by inserting ‘‘(including
19
offshore of such Republic as described in section 1116A(d)
20
of this title)’’ after ‘‘served on active duty in the Republic
21
of Vietnam’’.
22
(g) EFFECTIVE DATE.—The amendments made by
23
this section shall take effect on January 1, 2020.
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SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CER-
1
TAIN VETERANS WHO SERVED IN KOREA.
2
(a) IN GENERAL.—Chapter 11 of title 38, United
3
States Code, is amended by inserting after section 1116A,
4
as added by section 2, the following new section:
5
‘‘§ 1116B. Presumption of herbicide exposure for cer-
6
tain veterans who served in Korea
7
‘‘(a) PRESUMPTION OF SERVICE-CONNECTION.—(1)
8
For the purposes of section 1110 of this title, and subject
9
to section 1113 of this title, a disease specified in sub-
10
section (b) that becomes manifest as specified in that sub-
11
section in a veteran described in paragraph (2) shall be
12
considered to have been incurred or aggravated in the line
13
of duty in the active military, naval, or air service, not-
14
withstanding that there is no record of evidence of such
15
disease during the period of such service.
16
‘‘(2) A veteran described in this paragraph is a vet-
17
eran who, during active military, naval, or air service,
18
served in or near the Korean Demilitarized Zone (DMZ),
19
during the period beginning on September 1, 1967, and
20
ending on August 31, 1971.
21
‘‘(b) DISEASES.—A disease specified in this sub-
22
section is—
23
‘‘(1) a disease specified in paragraph (2) of
24
subsection (a) of section 1116 of this title that be-
25
comes manifest as specified in that paragraph; or
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‘‘(2) any additional disease that—
1
‘‘(A) the Secretary determines in regula-
2
tions warrants a presumption of service-connec-
3
tion by reason of having positive association
4
with exposure to an herbicide agent; and
5
‘‘(B) becomes manifest within any period
6
prescribed in such regulations.
7
‘‘(c) HERBICIDE AGENT.—For purposes of this sec-
8
tion, the term ‘herbicide agent’ has the meaning given
9
such term in section 1821(d) of this title.’’.
10
(b) CLERICAL AMENDMENT.—The table of sections
11
at the beginning of such chapter is amended by inserting
12
after the item relating to section 1116A, as added by sec-
13
tion 2, the following new item:
14
‘‘1116B. Presumption of herbicide exposure for certain veterans who served in
Korea.’’.
(c) PENDING CASES.—
15
(1) AUTHORITY TO STAY.—The Secretary may
16
stay a claim described in subparagraph (B) until the
17
date on which the Secretary commences the imple-
18
mentation of section 1116B of title 38, United
19
States Code, as added by subsection (a).
20
(2) CLAIMS DESCRIBED.—A claim described in
21
this subparagraph is a claim for disability compensa-
22
tion—
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(A) relating to the service and diseases
1
covered by such section 1116B; and
2
(B) that is pending at the Veterans Bene-
3
fits Administration or the Board of Veterans’
4
Appeals on or after the date of the enactment
5
of this Act and before the date on which the
6
Secretary commences the implementation of
7
such section 1116B.
8
(d) EFFECTIVE DATE.—The amendments made by
9
this section shall take effect on January 1, 2020.
10
SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND
11
SERVICE
VETERANS
BORN
WITH
SPINA
12
BIFIDA.
13
(a) IN GENERAL.—Subchapter III of chapter 18 of
14
title 38, United States Code, is amended by adding at the
15
end the following new section:
16
‘‘§ 1822. Benefits for children of certain Thailand
17
service veterans born with spina bifida
18
‘‘(a) BENEFITS AUTHORIZED.—The Secretary may
19
provide to any child of a veteran of covered service in
20
Thailand who is suffering from spina bifida the health
21
care, vocational training and rehabilitation, and monetary
22
allowance required to be paid to a child of a Vietnam vet-
23
eran who is suffering from spina bifida under subchapter
24
I of this chapter as if such child of a veteran of covered
25
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service in Thailand were a child of a Vietnam veteran who
1
is suffering from spina bifida under such subchapter.
2
‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This
3
section applies with respect to all forms and manifesta-
4
tions of spina bifida, except spina bifida occulta.
5
‘‘(c) VETERAN
OF COVERED SERVICE
IN THAI-
6
LAND.—For purposes of this section, a veteran of covered
7
service in Thailand is any individual, without regard to
8
the characterization of that individual’s service, who—
9
‘‘(1) served in the active military, naval, or air
10
service in Thailand, as determined by the Secretary
11
in consultation with the Secretary of Defense, dur-
12
ing the period beginning on January 9, 1962, and
13
ending on May 7, 1975; and
14
‘‘(2) is determined by the Secretary, in con-
15
sultation with the Secretary of Defense, to have been
16
exposed to a herbicide agent during such service in
17
Thailand.
18
‘‘(d) HERBICIDE AGENT.—For purposes of this sec-
19
tion, the term ‘herbicide agent’ means a chemical in a her-
20
bicide used in support of United States and allied military
21
operations in Thailand, as determined by the Secretary in
22
consultation with the Secretary of Defense, during the pe-
23
riod beginning on January 9, 1962, and ending on May
24
7, 1975.’’.
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