Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3847 Compare Versions

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22 HOUSE DOCKET, NO. 1528 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3847
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jessica Ann Giannino
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act recognizing and providing assistance for military service-related injuries from agent
1313 orange and burn pits.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Jessica Ann Giannino16th Suffolk1/15/2025 1 of 5
1717 HOUSE DOCKET, NO. 1528 FILED ON: 1/15/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 3847
1919 By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 3847) of
2020 Jessica Ann Giannino for legislation to recognize and provide assistance for military service-
2121 related injuries from agent orange and burn pits. Veterans and Federal Affairs.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act recognizing and providing assistance for military service-related injuries from agent
2828 orange and burn pits.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 33 of the General Laws is hereby amended by inserting after
3232 2section 67B the following section:-
3333 3 Section 67C. There shall be a Massachusetts orange heart medal to be presented to a
3434 4service member or veteran who suffered a service-connected disease, condition or injury related
3535 5to the exposure to harmful toxins, herbicides, agents or materials including, but not limited to,
3636 6exposure to agent orange and burn pits, where the exposure occurred while serving in the armed
3737 7forces of the United States, active or reserve components, or the Massachusetts national guard. A
3838 8service member shall have entered military service or state active duty from the commonwealth,
3939 9have been a resident of the commonwealth at the time of death or have been a member of the
4040 10Massachusetts national guard at the time of death. To be eligible, a service member or veteran
4141 11must have served after December 6, 1941. The adjutant general or designee and 2 field grade
4242 12officers of the armed forces of the commonwealth detailed by the commander-in-chief shall 2 of 5
4343 13constitute a commission to make recommendations to the commander-in-chief for the awarding
4444 14of the Massachusetts orange heart medal. The presentation of the Massachusetts orange heart
4545 15medal pursuant to this section shall not preclude an award of the Massachusetts medal of fidelity
4646 16pursuant to section 67B.
4747 17 SECTION 2. Chapter 115 of the General Laws is hereby amended by adding the
4848 18following section:-
4949 19 Section 18. (a) For the purposes of this section, the following words shall, unless the
5050 20context clearly requires otherwise, have the following meanings:
5151 21 "Agent orange", the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5
5252 22T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin
5353 23(2, 3, 7, 8 dioxin, TCDD).
5454 24 "Chemical agent", dioxin or other toxic substances found in certain defoliants, herbicides,
5555 25pesticides and similar chemical substances or causative agents.
5656 26 "Board", the veterans agent orange advisory board.
5757 27 "Program", the agent orange information and assistance program.
5858 28 “Vietnam veteran”, as defined in clause Forty-third of section 7 of chapter 4 of the
5959 29General Laws.
6060 30 (b) There shall be a veterans agent orange advisory board to assist the secretary in
6161 31administering the agent orange and burn pit information and assistance program established
6262 32pursuant to subsection (c). The board shall consist of: 3 members appointed by the secretary of
6363 33veterans' services; and 2 members appointed by the governor. All members shall, by education or 3 of 5
6464 34experience, be knowledgeable of veterans benefits and programs and have demonstrated interest
6565 35in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years.
6666 36The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of
6767 37the unexpired term in the same manner as the original appointment. A majority of the appointed
6868 38and serving members of the board shall constitute a quorum of the board for the transaction of
6969 39business. An action of the board shall be approved by a majority vote of the members present at
7070 40a meeting where a quorum is present. The members of the board shall serve without
7171 41compensation.
7272 42 (c) The secretary shall develop and administer, in consultation with the veterans agent
7373 43orange advisory board established in subsection (b), the agent orange information and assistance
7474 44program to identify and assist Vietnam, Gulf War and Post September 11 veterans exposed to
7575 45agent orange or other chemical agents in connection with their military service. The program
7676 46shall:
7777 47 (1) study, evaluate and provide information regarding epidemiological, genetic and other
7878 48studies, investigations and research that pertain to use of chemical agents, including agent
7979 49orange, and adverse health conditions that may be associated with exposure to chemical agents;
8080 50 (2) provide medical information to health professionals in the commonwealth regarding
8181 51the detection, diagnosis and treatment of acute and chronic symptoms that may be associated
8282 52with exposure to chemical agents, including agent orange;
8383 53 (3) monitor and report on the activities and policies of the federal government and other
8484 54states relating to the exposure of veterans to chemical agents, including agent orange; 4 of 5
8585 55 (4) monitor existing programs for Vietnam, Gulf War and Post September 11 veterans at
8686 56the state or local level to determine if adequate services and resources exist, identify additional
8787 57areas of concern and make recommendations on behalf of Vietnam, Gulf War and Post
8888 58September 11 veterans to address these needs;
8989 59 (5) provide genetic information, screening and counseling to Vietnam, Gulf War and Post
9090 60September 11 veterans regarding the possible genetic effects which may be associated with
9191 61exposure to chemical agents, including agent orange;
9292 62 (6) establish, promote and maintain a public information service on agent orange
9393 63including, but not limited to, efforts to contact Vietnam, Gulf War and Post September 11
9494 64veterans who may have been exposed to agent orange or other chemical agents;
9595 65 (7) establish and maintain a central registry of information on Vietnam, Gulf War and
9696 66Post September 11 veterans in the commonwealth who may have been exposed to agent orange
9797 67or other chemical substances;
9898 68 (8) refer Vietnam, Gulf War and Post September 11 veterans to appropriate state and
9999 69federal agencies or other available resources for treatment of adverse health conditions which
100100 70may have resulted from possible exposure to chemical agents, including agent orange, in
101101 71connection with their military service;
102102 72 (9) assist Vietnam, Gulf War and Post September 11 veterans in filing compensation
103103 73claims for disabilities that may have resulted from possible exposure to chemical agents,
104104 74including agent orange and burn pits; and 5 of 5
105105 75 (10) communicate the concerns of Vietnam, Gulf War and Post September 11 veterans
106106 76related to exposure to chemical agents, including agent orange and burn pits, to appropriate state
107107 77and federal officials.
108108 78 (d) The secretary, in consultation with the board, shall promulgate regulations necessary
109109 79to implement this section.