June 25, 2019 

[H.R. 299] 

Blue Water Navy Vietnam Veterans Act of 2019. 38 USC 101 note. 

38 USC 1116A. 

Time period. 

Time period. 

Determination. 

Determination. 

# Public Law 116–23 116th Congress 

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. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

## SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Blue Water Navy Vietnam Veterans Act of 2019’’. 

## SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VET- ERANS 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 veterans who served offshore of the Republic 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 beginning 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 service. 

‘‘(b) EXPOSURE.—A veteran who, during active 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, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that 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 effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating 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. 

# An Act 

