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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Blue Water Navy Viet-
nam Veterans Act of 2019’’. 
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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: 
‘‘§ 1116A. Presumptions of service connection for vet-
erans who served offshore of the Repub-
lic 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 be-
ginning 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 serv-
ice. 
‘‘(b) EXPOSURE.—A veteran who, during active mili-
tary, 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 
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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 effec-
tive date of an award based on a claim under this section 
for an individual described in subparagraph (B) by treat-
ing 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 fol-
lowing 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 vet-
eran. 
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‘‘(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.—Notwith-
standing any other provision of law, for purposes of this 
section, the Secretary shall treat a location as being off-
shore of Vietnam if the location is not more than 12 nau-
tical miles seaward of a line commencing on the south-
western demarcation line of the waters of Vietnam and 
Cambodia and intersecting the following points: 
‘‘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 
‘herbicide agent’ has the meaning given that term in sec-
tion 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 title 38, United States Code, the Secretary of 
Veterans Affairs may issue guidance to implement 
section 1116A of such title, as added by subsection 
(a), before prescribing new regulations under such 
section. 
(2) UPDATES.—On a quarterly basis during the 
period beginning on the date of the enactment of 
this Act and ending on the date on which regula-
tions are prescribed to carry out such section 
1116A, the Secretary shall submit to the Commit-
tees on Veterans’ Affairs of the House of Represent-
atives and the Senate updates on the status of such 
regulations. 
(3) PENDING CASES.— 
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(A) AUTHORITY TO STAY.—The Secretary 
may stay a claim described in subparagraph 
(B) until the date on which the Secretary com-
mences the implementation of such section 
1116A. 
(B) CLAIMS
DESCRIBED.—A claim de-
scribed in this subparagraph is a claim for dis-
ability 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 de-
scribed 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). 
(2) VETERAN DESCRIBED.—A veteran described 
in this paragraph is a veteran who, during active 
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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 
not later than January 1, 2023, the Secretary of Veterans 
Affairs shall submit to the Committees on Veterans’ Af-
fairs of the House of Representatives and the Senate a 
report on claims for disability compensation under section 
1116A of title 38, United States Code, as added by sub-
section (a). Each report shall include the following with 
respect to the period covered by the report, disaggregated 
by the regional offices of the Department of Veterans Af-
fairs: 
(1) The number of claims filed under such sec-
tion. 
(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. 
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SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CER-
TAIN 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: 
‘‘§ 1116B. Presumption of herbicide exposure for cer-
tain 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 sub-
section (b) that becomes manifest as specified in that sub-
section 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, not-
withstanding 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 vet-
eran 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 sub-
section is— 
‘‘(1) a disease specified in paragraph (2) of 
subsection (a) of section 1116 of this title that be-
comes manifest as specified in that paragraph; or 
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‘‘(2) any additional disease that— 
‘‘(A) the Secretary determines in regula-
tions warrants a presumption of service-connec-
tion 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 sec-
tion, 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 sec-
tion 2, the following new item: 
‘‘1116B. Presumption of herbicide exposure for certain veterans who served in 
Korea.’’. 
(c) PENDING CASES.— 
(1) AUTHORITY TO STAY.—The Secretary may 
stay a claim described in subparagraph (B) until the 
date on which the Secretary commences the imple-
mentation of section 1116B of title 38, United 
States Code, as added by subsection (a). 
(2) CLAIMS DESCRIBED.—A claim described in 
this subparagraph is a claim for disability compensa-
tion— 
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(A) relating to the service and diseases 
covered by such section 1116B; and 
(B) that is pending at the Veterans Bene-
fits 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: 
‘‘§ 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 vet-
eran who is suffering from spina bifida under subchapter 
I of this chapter as if such child of a veteran of covered 
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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 manifesta-
tions of spina bifida, except spina bifida occulta. 
‘‘(c) VETERAN
OF COVERED SERVICE
IN THAI-
LAND.—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, dur-
ing the period beginning on January 9, 1962, and 
ending on May 7, 1975; and 
‘‘(2) is determined by the Secretary, in con-
sultation 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 sec-
tion, the term ‘herbicide agent’ means a chemical in a her-
bicide 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 pe-
riod beginning on January 9, 1962, and ending on May 
7, 1975.’’. 
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(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 sub-
chapter 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) PENDING CASES.— 
(1) AUTHORITY TO STAY.—The Secretary may 
stay a claim described in subparagraph (B) until the 
date on which the Secretary commences the imple-
mentation of section 1822 of title 38, United States 
Code, as added by subsection (a). 
(2) CLAIMS DESCRIBED.—A claim described in 
this subparagraph is a claim for benefits— 
(A) relating to the spina bifida and service 
covered by such section 1822; and 
(B) that is pending at the Veterans Bene-
fits 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 
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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 begin-
ning on January 9, 1962, and ending on May 7, 
1975, at which an herbicide agent (as defined in sec-
tion 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 enact-
ment 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 re-
port on the findings, as of the date of the updated report, 
of the Follow-up Study of a National Cohort of Gulf War 
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and Gulf Era Veterans under the epidemiology program 
of the Department of Veterans Affairs. 
SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PRO-
GRAM OF DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) 
ADJUSTMENT
OF
LOAN
LIMIT.—Section 
3703(a)(1) of title 38, United States Code, is amended— 
(1) in subparagraph (A)(i)(IV)— 
(A) by striking ‘‘the lesser of’’; and 
(B) by striking ‘‘or 25 percent of the 
loan’’; and 
(2) in subparagraph (C), by striking ‘‘Freddie 
Mac’’ and all that follows through the period at the 
end and inserting ‘‘amount of the loan.’’. 
(b) LOAN FEES.—Section 3729(b)(2) of such title is 
amended by striking the loan fee table and inserting the 
following: 
‘‘Type of loan 
Active duty 
veteran 
Reservist 
Other obli-
gor 
(A)(i) Initial loan described in section 
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 October 
1, 2004, and before January 1, 
2020) 
2.15 
2.40 
NA 
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‘‘Type of loan 
Active duty 
veteran 
Reservist 
Other obli-
gor 
(A)(ii) Initial loan described in section 
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, 2020, and before December 1, 
2028) 
2.40 
2.40 
NA 
(A)(iii) Initial loan described in section 
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 Decem-
ber 1, 2028, and before October 1, 
2029) 
2.15 
2.15 
NA 
(A)(iv) Initial loan described in section 
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 October 
1, 2029) 
1.40 
1.40 
NA 
(B)(i) Subsequent loan described in 
section 3710(a) to purchase or con-
struct 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) 
3.30 
3.30 
NA 
(B)(ii) Subsequent loan described in 
section 3710(a) to purchase or con-
struct a dwelling with 0-down, or 
any other subsequent loan described 
in section 3710(a) (closed on or 
after January 1, 2020, and before 
December 1, 2028) 
3.80 
3.80 
NA 
(B)(iii) Subsequent loan described in 
section 3710(a) to purchase or con-
struct a dwelling with 0-down, or 
any other subsequent loan described 
in section 3710(a) (closed on or 
after December 1, 2028, and before 
October 1, 2029) 
3.30 
3.30 
NA 
(B)(iv) Subsequent loan described in 
section 3710(a) to purchase or con-
struct a dwelling with 0-down, or 
any other subsequent loan described 
in section 3710(a) (closed on or 
after October 1, 2029) 
1.25 
1.25 
NA 
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‘‘Type of loan 
Active duty 
veteran 
Reservist 
Other obli-
gor 
(C)(i) 
Loan 
described 
in 
section 
3710(a) to purchase or construct a 
dwelling with 5-down (closed before 
January 1, 2020) 
1.50 
1.75 
NA 
(C)(ii) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 5-down (closed on or 
after January 1, 2020, and before 
December 1, 2028) 
1.75 
1.75 
NA 
(C)(iii) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 5-down (closed on or 
after December 1, 2028, and before 
October 1, 2029) 
1.50 
1.50 
NA 
(C)(iv) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 5-down (closed on or 
after October 1, 2029) 
0.75 
0.75 
NA 
(D)(i) 
Loan 
described 
in 
section 
3710(a) to purchase or construct a 
dwelling with 10-down (closed before 
January 1, 2020) 
1.25 
1.50 
NA 
(D)(ii) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 10-down (closed on or 
after January 1, 2020, and before 
December 1, 2028) 
1.45 
1.45 
NA 
(D)(iii) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 10-down (closed on or 
after December 1, 2028, and before 
October 1, 2029) 
1.25 
1.25 
NA 
(D)(iv) Loan described in section 
3710(a) to purchase or construct a 
dwelling with 10-down (closed on or 
after October 1, 2029) 
0.50 
0.50 
NA 
(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 (other than an interest 
rate reduction refinancing loan) 
1.00 
1.00 
NA 
(H) Loan to Native American veteran 
under section 3762 (other than an 
interest rate reduction refinancing 
loan) 
1.25 
1.25 
NA 
(I) Loan assumption under section 
3714 
0.50 
0.50 
0.50 
(J) Loan under section 3733(a) 
2.25 
2.25 
2.25’’. 
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(c) WAIVER OF FEES FOR PURPLE HEART RECIPI-
ENTS; COLLECTION OF CERTAIN LOAN FEES.—Section 
3729(c) of such title is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘A fee’’ and inserting 
‘‘Subject to paragraph (3), a fee’’; 
(B) by striking ‘‘or from a surviving 
spouse’’ and inserting ‘‘, from a surviving 
spouse’’; and 
(C) by inserting before the period at the 
end the following: ‘‘, or from a member of the 
Armed Forces serving on active duty who was 
awarded the Purple Heart’’. 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) A fee shall be collected under this section from 
any veteran with a service-connected disability rated as 
less than total, any surviving spouse of such a veteran, 
and any member of the Armed Forces who, on or after 
January 1, 2020, receives a loan in an amount that ex-
ceeds the Freddie Mac conforming loan limit limitation de-
termined 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 in-
volved.’’. 
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(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 such 
title, the Secretary of Veterans Affairs may issue guidance 
to implement the amendments made by this section before 
prescribing new regulations under sections 3703 and 3729 
of such title, as so amended. 
SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF 
VETERANS AFFAIRS HOME LOAN APPRAIS-
ALS. 
(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 serv-
ices.’’. 
(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. 
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(c) GUIDANCE.—Notwithstanding section 501 of such 
title, the Secretary of Veterans Affairs may issue guidance 
to implement section 3731(b)(3) of title 38, United States 
Code, as added by subsection (a), before prescribing new 
regulations under such section. 
Æ 
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