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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 127
BY REPRESENTATIVE CROMER
A CONCURRENT RESOLUTI ON
To memorialize the United States Congress to support passage of and funding of the Agent
Orange Equity Act of 2009, H.R. 2254, and to restore the presumption of a service
connection for Agent Orange exposure for United States Navy and Air Force
veterans who served on the inland waterways and territorial waters and in the
airspace of Vietnam, Thailand, Laos, and Cambodia.
WHEREAS, during the Vietnam Conflict, the United States military sprayed more
than nineteen million gallons of Agent Orange and other herbicides over Vietnam to reduce
forest cover and crops used by the enemy; these herbicides contained dioxin, which has since
been identified as carcinogenic and has been linked with a number of serious and disabling
illnesses now affecting thousands of veterans; and
WHEREAS, congress passed the Agent Orange Act of 1991 to address the plight of
veterans exposed to herbicides while serving in Vietnam; the Act amended Title 38 of the
United States Code to presumptively recognize as service-connected certain diseases among
military personnel who served in the Vietnam Conflict between 1962 and 1975; and
WHEREAS, this presumption has provided access to appropriate disability
compensation and medical care for Vietnam veterans diagnosed with such illnesses as Type
II diabetes, Hodgkin's disease, non-Hodgkin's lymphoma, chronic lymphocytic leukemia,
multiple myeloma, prostate cancer, respiratory cancers, and soft-tissue sarcomas; and
WHEREAS, pursuant to a 2002 directive, United States Department of Veterans
Affairs policy has denied the presumption of a service connection for herbicide-related
illnesses to Vietnam veterans who could not furnish written documentation that they had
"boots on the ground" in-country, making it virtually impossible for countless United States
Navy and Air Force veterans to pursue their claims for benefits; and ENROLLEDHCR NO. 127
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WHEREAS, many who landed on Vietnamese soil cannot produce proof due to
incomplete or missing military records; moreover, personnel who served on ships in the
"Blue Water Navy" in Vietnamese territorial waters were, in fact, exposed to dangerous
airborne toxins which not only drifted offshore but also washed into streams and rivers
draining into the South China Sea; and
WHEREAS, warships positioned off the Vietnamese shore routinely distilled
seawater to obtain potable water, and a 2002 Australian study found that the distillation
process, rather than removing toxins, concentrated dioxin in water used for drinking,
cooking, and washing; this study was conducted by the Australian Department of Veterans'
Affairs after it found that Vietnam veterans of the Royal Australian Navy had a higher rate
of mortality from Agent Orange-associated diseases than Vietnam veterans from other
branches of the military; and
WHEREAS, when the Centers for Disease Control and Prevention studied specific
cancers among Vietnam veterans, it found a higher risk of cancer among United States Navy
veterans; and
WHEREAS, Agent Orange did not discriminate between soldiers on the ground and
sailors on ships offshore, and legislation to recognize this tragic fact and restore eligibility
for compensation and medical care to United States Navy and Air Force veterans who
sacrificed their health for their country is critical; and
WHEREAS, when the Agent Orange Act passed in 1991 with no dissenting votes,
congressional leaders stressed the importance of responding to the health concerns of
Vietnam veterans and ending the bitterness and anxiety surrounding the issue of herbicide
exposure; and
WHEREAS, congress should reaffirm the nation's commitment to the well-being of
all of its veterans and direct the Department of Veterans Affairs to administer the Agent
Orange Act under the presumption that herbicide exposure in Vietnam includes the country's
inland waterways, offshore waters, and airspace.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
memorialize the United States Congress to take such actions as are necessary to support
passage of and fund the Agent Orange Equity Act of 2009, H.R. 2254, and to restore the
presumption of a service connection for Agent Orange exposure for United States Navy and ENROLLEDHCR NO. 127
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Air Force veterans who served on the inland waterways and territorial waters and in the
airspace of Vietnam, Thailand, Laos, and Cambodia.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
presiding officers of the Senate and the House of Representatives of the Congress of the
United States of America and to each member of the Louisiana congressional delegation.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE