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…
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
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.