[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 51 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
S. CON. RES. 51

  Expressing the sense of Congress that those who served in the bays, 
  harbors, and territorial seas of the Republic of Vietnam during the 
period beginning on January 9, 1962, and ending on May 7, 1975, should 
 be presumed to have been exposed to the toxin Agent Orange and should 
   be eligible for all related Federal benefits that come with such 
            presumption under the Agent Orange Act of 1991.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2016

 Mr. Grassley (for himself, Mrs. Gillibrand, and Mr. Daines) submitted 
    the following concurrent resolution; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of Congress that those who served in the bays, 
  harbors, and territorial seas of the Republic of Vietnam during the 
period beginning on January 9, 1962, and ending on May 7, 1975, should 
 be presumed to have been exposed to the toxin Agent Orange and should 
   be eligible for all related Federal benefits that come with such 
            presumption under the Agent Orange Act of 1991.

Whereas section 1116(f) of title 38, United States Code, states that ``For the 
        purposes of establishing service connection for a disability or death 
        resulting from exposure to a herbicide agent, including a presumption of 
        service-connection under this section, a veteran who, during active 
        military, naval, or air service, served in 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 containing dioxin or 2,4 dichlorophenoxyacetic acid, and 
        may be presumed to have been exposed during such service to any other 
        chemical compound in an herbicide agent, unless there is affirmative 
        evidence to establish that the veteran was not exposed to any such agent 
        during that service.'';
Whereas the international definition and United States-recognized borders of the 
        Republic of Vietnam includes the bays, harbors, and territorial seas of 
        that Republic;
Whereas multiple scientific and medical sources, including studies done by the 
        Government of Australia, have shown evidence of exposure to herbicide 
        agents such as Agent Orange by those serving in the bays, harbors, and 
        territorial seas of the Republic of Vietnam;
Whereas veterans who served in the Armed Forces in the bays, harbors, and 
        territorial seas of the Republic of Vietnam during the period beginning 
        on January 9, 1962, and ending on May 7, 1975, were exposed to this 
        toxin through their ships' distillation processes, air and water 
        currents, and the use of exposed water from inland sources, such as 
        water from near heavily sprayed Monkey Mountain, delivered by exposed 
        water barges;
Whereas such veterans experience a significantly higher percentage of medical 
        conditions associated with Agent Orange exposure compared to those in 
        the regular populace;
Whereas when passing the Agent Orange Act of 1991 (Public Law 102-4), Congress 
        did not differentiate between those who served on the inland waterways 
        and on land versus those who served in the bays, harbors, and 
        territorial seas of that Republic;
Whereas the purpose behind providing presumptive coverage for medical conditions 
        associated with exposure to Agent Orange is because proving such 
        exposure decades after its occurrence is not scientifically or medically 
        possible; and
Whereas thousands of veterans who served in the Armed Forces in the bays, 
        harbors, and territorial seas of the Republic of Vietnam during the 
        period beginning on January 9, 1962, and ending on May 7, 1975, die at 
        increasing rates every year: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) recognizes the intent of the Agent Orange Act of 1991 
        (Public Law 102-4) included the presumption that those veterans 
        who served in the Armed Forces in the bays, harbors, and 
        territorial seas of the Republic of Vietnam during the period 
        beginning on January 9, 1962, and ending on May 7, 1975, were 
        exposed to the Agent Orange dioxin;
            (2) intends for those veterans who served in the Armed 
        Forces during the period beginning on January 9, 1962, and 
        ending on May 7, 1975, in the bays, harbors, territorial seas, 
        inland waterways, on the ground in the Republic of Vietnam, and 
        other areas exposed to Agent Orange, and having been diagnosed 
        with connected medical conditions to be equally recognized for 
        such exposure through equitable benefits and coverage; and
            (3) calls on the Department of Veterans Affairs to 
        acknowledge this intent of Congress, rescind the VA 
        Adjudication Procedure Manual M21-1, Part IV, Subpart II, 
        Chapter 1, Section H, Topic 28.h, and reissue guidance 
        extending presumptive coverage for exposure to Agent Orange to 
        veterans described in paragraph (1).
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