By: Hinojosa S.C.R. No. 17
(Smith)
SENATE CONCURRENT RESOLUTION
WHEREAS, During the Vietnam War, the United States military
sprayed millions of 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, Many American civilians were also exposed to dioxin
through their employment in places such as stateside repair depots
for military helicopters; in addition, Vietnamese Americans who
immigrated in the 1970s and early 1980s may have suffered exposure
in their native land; and
WHEREAS, The United States Congress passed the Agent Orange
Act of 1991 to address the plight of veterans exposed to herbicides
while serving in the Republic of 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 Vietnam between 1962 and 1975; 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 2001 directive, United States
Department of Veterans Affairs policy has denied the presumption of
a service connection for herbicide-related illnesses to Vietnam
veterans who cannot furnish written documentation that they had
"boots on the ground" in-country, making it virtually impossible
for countless United States Navy and United States Air Force
veterans to pursue their claims for benefits; 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; a 2002
Australian study found that the distillation process, rather than
removing toxins, in fact 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 did Vietnam
veterans from other branches of the military; when the United
States 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 United States Air Force
veterans who sacrificed their health for their country is critical;
civilians who came into contact with this poisonous substance
through their employment or while residing in Vietnam likewise
should be eligible for appropriate medical care to treat illnesses
related to their exposure; and
WHEREAS, Civilians who were exposed to Agent Orange through
their employment have special difficulty receiving care and
compensation for related conditions, as they must file their claims
through the United States Department of Labor, which requires them
to furnish proof of a causal connection between their jobs and their
illnesses; such proof is difficult to provide, since cancer and
other diseases that can be caused by exposure tend to develop over
long periods of time; 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 that had surrounded the issue of
herbicide exposure; the federal government has also demonstrated
its awareness of the hazards of Agent Orange exposure through its
involvement in the identification, containment, and mitigation of
dioxin "hot spots" in Vietnam; and
WHEREAS, The United States Congress should reaffirm the
nation's commitment to the well-being of all of its veterans and
direct the United States Department of Veterans Affairs to
administer the Agent Orange Act under the presumption that
herbicide exposure in the Republic of Vietnam includes the
country's inland waterways, offshore waters, and airspace;
similarly, Congress should institute a presumption of connection to
employment for civilians exposed to Agent Orange in their
workplaces to ensure they have access to the health care they need;
now, therefore, be it
RESOLVED, That the 83rd Legislature of the State of Texas
hereby respectfully urge the Congress of the United States to
restore the presumption of a service connection for Agent Orange
exposure to United States Navy and United States Air Force veterans
who served on the inland waterways, in the territorial waters, and
in the airspace of the Republic of Vietnam and to institute a
presumption of connection to employment for civilians exposed to
Agent Orange in their workplaces; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, to
the president of the Senate and speaker of the House of
Representatives of the United States Congress, and to all the
members of the Texas delegation to Congress with the request that
this resolution be officially entered in the Congressional Record
as a memorial to the Congress of the United States of America.