Mark Takano

Mr. TAKANO

Mr. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. 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. TAKANO. Mr. Speaker, on that I demand the yeas and nays.

Mr. TAKANO

Mr. TAKANO. On Mother's Day, I have a message for all the mothers who were separated from their children at our border after enduring a long and dangerous journey to provide their children with a better life: The American people and I are with you. Thousands of children were separated from their parents. And hundreds are still separated from their families. That's unacceptable. The President's anti-immigrant actions are cruel, inhumane, and a violation of the human rights of families escaping violence. We are not a country that closes its doors on immigrants and families seeking asylum. We must reunite all the mothers with their children and fight for comprehensive immigration reform. Este dia de las madres, tengo un mensaje para todas las mamas que fueron separadas de sus hijos en nuestra frontera despues de hacer un viaje largo y peligroso con la esperanza de darles una mejor vida a sus hijos: El pueblo americano y yo estamos con ustedes. Miles de ninos fueron separados de sus padres. Y cientos de ninos siguen separados de sus familias. Eso es inaceptable. Las acciones antiinmigrantes de este presidente son crueles, son inhumanas, y son una violacion de los derechos humanos de las familias que estan escapando violencia. No somos un pais que cierra sus puertas a los inmigrantes ya a las familias pidiendo asilo. Tenemos que reunir a todas las madres con sus hijos y luchar por una ref orma migratoria.

Mr. TAKANO

Mr. TAKANO. Madam Speaker, I rise today to welcome the 492nd Attack Squadron Activation Unit to March Air Reserve Base (ARB). The Activation of the 492nd Attack Squadron and the Assumption of Command ceremony will be held on Friday, May 10th, on March Air Reserve Base. While I will be unable to attend, I want to send a special welcome to the new unit. The introduction of the 492nd Attack Squadron will provide an additional 14 instructor sensor operators, 17 maintenance positions, 21 instructor pilots, and 61 positions with the Commander, Director of Operations, and the First Sergeant. This expansion will bring added capabilities to March ARB, and will enable the Air Force Reserve Command's Fourth Air Force to attract and retain incredible new talent as it fulfills its various missions in the region. The expansion sends a strong message to our community that March ARB serves a vital strategic role, not only for California but also the Air Force Reserve at large. Again, I want to welcome to the new 492nd Attack Squadron Activation Unit to March Air Reserve Base. I am continually humbled by the dedication and hard work that the men and women at March ARB perform each day, and I am excited to see our capacity at March ARB expand even further.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I ask unanimous consent that the Committee on Veterans' Affairs be discharged from further consideration of the bill (S. 863) to amend title 38, United States Code, to clarify the grade and pay of podiatrists of the Department of Veterans Affairs, and ask for its immediate consideration in the House.

Mr. TAKANO

Mr. TAKANO. Madam Speaker, pursuant to clause 1, rule I, I demand a vote on agreeing to the Speaker's approval of the Journal.

Mr. TAKANO. Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I rise today to celebrate the historic vote the House took to strengthen our democracy. The For the People Act will help combat corruption and bring ethics and accountability back to our political process. I am particularly happy that the legislative changes of the Let It Go Act will be part of this bold piece of progressive legislation. Currently, no laws exist that limit how long candidates or former government officials can hold on to their campaign funds after their campaign ends or following the conclusion of their public service. It is not their money. They should let it go. Limits to how long surplus funds can remain in campaign accounts and how that money can be utilized must be established. With the inclusion of my amendment, this legislation will do just that. For far too long, powerful special interests and big money in politics have silenced the voices of the American people. H.R. 1 will help shift the balance of power from a wealthy, powerful few back to the American people. Today I cast an enthusiastic vote, a ``yes'' vote For the People.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on S. 49.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, I, too, in celebration of today say ``laissez les bons temps rouler.'' Mr. Speaker, I rise in strong support of H.R. 1381. During Operations Enduring Freedom and Iraqi Freedom and in other parts of the world where American servicemembers were deployed, the Department of Defense exposed brave Americans to toxic fumes and dangerous chemicals by burning waste in open-air burn pits. Some of the waste burned in these open-air pits were human waste, Styrofoam, lithium batteries, tires, medical waste, and other toxic substances. Servicemembers had no way to avoid inhaling the smoke from these burn pits that were located on their bases, sometimes right next to their barracks. When this committee held a hearing last year on burn pits, we heard from Leroy Torres, the founder of Burn Pits 360, who breathed in burn pit smoke while stationed in Balad Air Base in Iraq in 2007. When he returned home in 2008, he needed immediate hospitalization for lung disease. Mr. Torres and other veterans suffering from medical conditions believed to be caused by exposure to burn pits are still fighting to receive healthcare and benefits because illnesses potentially caused by burn pit exposure still aren't recognized by the VA. Research to understand the harmful effects these toxic substances may have had on military servicemembers is now underway. However, the totality of harmful health effects this dangerous practice may have had on servicemembers is yet to be fully known and understood, and it may take years for clinicians and scientists to understand the health effects or discover effective treatments for those who were exposed. In an effort to better track the health effects these exposures had on deployed troops, Congress required the VA to create the open burn pit registry in 2012 to compile self-reported data on veterans who believed they were exposed to open-air burn pits while serving in Iraq and Afghanistan. This registry allows VA to easily communicate with this population of veterans, as well as track trends within the population that may indicate a need for further research into certain health concerns. However, the registry failed to provide, in it, the ability to report cause of death for veterans who are registered and then subsequently pass away. Congressman Ruiz's bill, the Burn Pit Registry Enhancement Act, would allow an individual designated by the veteran during the registry process or an immediate family member to update the veteran's file on the registry with a cause of death. These additional data will allow researchers and the VA to identify trends, similarities, and correlations in this population that will better inform our research efforts on the impact these open-air burn pits have on the servicemembers who served in combat zones. With the addition of more data to the burn pits registry, we hope this will help VA conduct groundbreaking research that will lead to prevention and treatments for toxic exposures, including exposure to toxic substances inescapably connected to military service. Mr. Speaker, I reserve the balance of my time.

Mr. TAKANO. Mr. Speaker, I appreciate the comments from my colleague, the ranking member, about regular order. I can assure you we will discuss this subject further, and I appreciate and take to heart his comments. At this time, I yield 5 minutes to the gentleman from California (Mr. Ruiz), my good friend and the author of this bill.

Mr. TAKANO. Mr. Speaker, I yield an additional 30 seconds to the gentleman from California.

Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from South Carolina (Mr. Cunningham), my good friend and a member of the House Veterans' Affairs Committee.

Mr. TAKANO. Mr. Speaker, I am pleased to see that we have three doctors who are either now or were associated with the Veterans' Affairs Committee and that they have supported this legislation. I have no further speakers, and I am prepared to close, so I reserve the balance of my time.

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I fully associate myself with the remarks of the minority member of the committee. Again, I want to express my gratitude to the professionally trained physicians who have weighed in on this legislation and further commented about the importance of the electronic health records and the important oversight that was begun in the last Congress, which will continue in this Congress under my leadership. I agree it is really important that we get those records to work properly and that the communication between the Department of Defense and the VA is functional. I also think it is very important to make sure that we get those legacy records from the DOD wrapped into this whole package, because the service history, where our military servicemembers have served and what they were exposed to, will provide a very important piece of information that will help us understand how toxic exposures have affected our veterans. Mr. Speaker, I urge my colleagues to join me in passing H.R. 1381, and I yield back the balance of my time.

Mr. TAKANO. Mr. Speaker, on that I demand the yeas and nays.