III 

114TH CONGRESS 

2D SESSION S. CON. RES. 51 

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 been exposed to the toxin Agent Orange and should 

be eligible for all related Federal benefits that come with such presumption under the Agent Orange Act of 1991. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2016 

Mr. GRASSLEY (for himself, Mrs. GILLIBRAND, and Mr. DAINES) submitted 

the following concurrent resolution; which was referred to the Committee 

on Veterans’ Affairs 

CONCURRENT RESOLUTION 

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 been exposed to the toxin Agent Orange and 

should be eligible for all related Federal benefits that 

come with such presumption under the Agent Orange 

Act of 1991. 

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 serviceVerDate Sep 11 2014 21:18 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SC51.IS SC51

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•SCON 51 IS 

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; 


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•SCON 51 IS 

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 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) recognizes the intent of the Agent Orange 

4 Act of 1991 (Public Law 102–4) included the pre5 sumption that those veterans who served in the 

6 Armed Forces in the bays, harbors, and territorial 

7 seas of the Republic of Vietnam during the period 

8 beginning on January 9, 1962, and ending on May 

9 7, 1975, were exposed to the Agent Orange dioxin; 

10 (2) intends for those veterans who served in the 

11 Armed Forces during the period beginning on Janu12 ary 9, 1962, and ending on May 7, 1975, in the 

13 bays, harbors, territorial seas, inland waterways, on 


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•SCON 51 IS 

1 the ground in the Republic of Vietnam, and other 

2 areas exposed to Agent Orange, and having been di3 agnosed with connected medical conditions to be 

4 equally recognized for such exposure through equi5 table benefits and coverage; and 

6 (3) calls on the Department of Veterans Affairs 

7 to acknowledge this intent of Congress, rescind the 

8 VA Adjudication Procedure Manual M21–1, Part 

9 IV, Subpart II, Chapter 1, Section H, Topic 28.h, 

10 and reissue guidance extending presumptive cov11 erage for exposure to Agent Orange to veterans de12 scribed in paragraph (1). 

Æ 


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