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’’. 5 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 203 IH 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 26 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 203 IH 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: 17 ‘‘(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. 24 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 203 IH ‘‘(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- 10 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’ VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 203 IH ‘‘(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.— 23 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 203 IH (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. 16 (d) OUTREACH.— 17 (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 25 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 203 IH 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: 13 (1) The number of claims filed under such sec- 14 tion. 15 (2) The number of such claims granted. 16 (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. 24 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 203 IH 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 26 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 203 IH ‘‘(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— 23 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 203 IH (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 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H203.IH H203 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 203 IH 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.’’. 25 VerDate Sep 11 2014 19:21 Jan 16, 2019 Jkt 089200 PO 00000 Frm 000 [Text truncated for display. 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