[Congressional Record Volume 155, Number 118 (Friday, July 31, 2009)]
[Extensions of Remarks]
[Pages E2166-E2167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         TEXAS H. CON. RES. 38

                                 ______
                                 

                        HON. K. MICHAEL CONAWAY

                                of texas

                    in the house of representatives

                         Friday, July 31, 2009

  Mr. CONAWAY. Madam Speaker, at the request of the Secretary of State 
of the State of Texas, I am officially entering Senate Concurrent 
Resolution 38, as passed by the 81st Legislature, Regular Session, 2009 
of the State of Texas, into the Congressional Record.

                      Senate Concurrent Resolution

       Whereas, During the Vietnam War, the United States military 
     sprayed more than 19 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, 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 illness 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 could not

[[Page E2167]]

     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 had 
     landed on Vietnamese soil could not produce proof due to 
     incomplete or missing military records; moreover, 
     personnel who had 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; 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 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; now, therefore, be it
       Resolved, That the 81st Legislature of the State of Texas 
     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, 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 speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the 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.
     David Dewhurst,
       President of the Senate.
     Joe Straus,
       Speaker of the House.
     Patsy Spaw,
       Secretary of the Senate.
     Robert Haney,
       Chief Clerk of the House.
       Approved: Rick Perry, Governor.

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