Assembly Resolution No. 64

BY: M. of A. Barrett

URGING the New York State Congressional delegation
to pass the Blue Water Navy Vietnam Veterans Act of
2019, H.R.299

WHEREAS, The federal legislation, the Blue Water Navy Vietnam
Veterans Act of 2019, would allow blue water veterans who served up to
12 miles off-shore in Vietnam presumption coverage for Agent Orange
exposure; this would enable them to receive Department of Veterans
Affairs (VA) benefits if they suffer from any of the diseases linked to
Agent Orange; and

WHEREAS, Dioxin is a chemical contaminant that was contained in
Agent Orange, a herbicide used for defoliation in Vietnam from 1962
until 1971; and

WHEREAS, Agent Orange received its name from orange painted on
barrels containing the herbicide; and

WHEREAS, Herbicide-spraying operations were conducted to clear
vegetation, denying the enemy camouflage or cover for ambush; herbicides
were also used to destroy enemy food crops and to clear base perimeters,
landing zones, waterways, and communication lines; an estimated 11
million gallons of Agent Orange were sprayed; and

WHEREAS, Diseases and/or conditions were recognized by the federal
Department of Veterans Affairs to be associated with Agent Orange; among
those cited include, but limited to: adult-onset diabetes mellitus (Type
11), Parkinson's disease, prostate cancer, multiple myeloma, respiratory
cancers, and soft-tissue sarcoma; and

WHEREAS, In 1991, federal legislation was enacted to allow the
Secretary of Veterans Affairs to declare certain illnesses "presumptive"
to exposure to Agent Orange and enabled these veterans to receive
disability compensation for these related conditions; and

WHEREAS, In 2002, the VA limited the scope of the law to only those
veterans who could provide orders for "boots on the ground" in Vietnam;
boots on the ground encompassed infantry and the riverine navy; as a
result, veterans who served in the waters off Vietnam, commonly known as
"blue water veterans," were forced to file individual claims with the VA
to restore their benefits which are then decided on a case-by-case
basis; of those cases, the VA has denied over 32,000 through 2009; and

WHEREAS, In May of 2011, a report issued by the Institute of
Medicine concluded that plausible routes of exposure of Agent Orange
exist for blue water veterans; presumptive coverage lifts the burden of
proof from the individual veteran to prove direct exposure of Agent
Orange; and

WHEREAS, The Congressional Budget Office estimates 90,000 sailors
could be covered under this legislation; and

WHEREAS, This legislation is endorsed by about 35 military and
veterans organizations including: Veterans of Foreign Wars, Paralyzed
Veterans of America, Disabled American Veterans, the Vietnam Veterans of
America, the Vietnam Veterans of America New York State Council, the
Agent Orange Legacy, Children of Vietnam Veterans Health Alliance and
the Blue Water Sailors of the Vietnam War; now, therefore, be it

RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by this Legislative Body to pass
legislation to provide presumptive coverage of Agent Orange exposure to
those veterans known as "blue water veterans", H.R. 299; and be it
further

RESOLVED, That copies of this Resolution, suitably engrossed, be
transmitted to each member of the Congressional delegation from the
State of New York; John Rowan, President, Vietnam Veterans of America;
and Ned D. Foote, President, Vietnam Veterans of America New York State
Council.