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. Mr. Speaker, I move to suspend the rules and pass the bill (H.R.…
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.
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.
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
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.
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
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. 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. 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.
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. 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. 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. 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.
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. Speaker, on that I demand the yeas and nays.