[Congressional Record (Bound Edition), Volume 163 (2017), Part 4]
[Senate]
[Page 5391]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 12--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 SERVED IN THE 
REPUBLIC OF VIETNAM FOR ALL PURPOSES UNDER THE AGENT ORANGE ACT OF 1991

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

                            S. Con. Res. 12

       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, served in the Republic of Vietnam for all purposes 
     under the Agent Orange Act of 1991;
       (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 as those who served in the inland 
     rivers and on the Vietnamese land mass; and
       (3) calls on the Secretary of Veterans Affairs to review 
     the policy of the Department of Veterans Affairs that 
     excludes presumptive coverage for exposure to Agent Orange to 
     veterans described in paragraph (1).

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