By: Hinojosa S.C.R. No. 38
 
 
 
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 illnesses 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.