IV 
114TH CONGRESS 
2D SESSION 
H. CON. RES. 161 
Expressing the sense of Congress that those who served in the bays, harbors, 
and territorial seas of the Republic of Vietnam during the period begin-
ning 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 presump-
tion under the Agent Orange Act of 1991. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2016 
Ms. STEFANIK (for herself, Mr. GIBSON, Mr. WALZ, Mr. VALADAO, Mr. 
TAKANO, and Miss RICE of New York) submitted the following concur-
rent 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 con-
nection for a disability or death resulting from exposure 
to a herbicide agent, including a presumption of service- 
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•HCON 161 IH 
connection under this section, a veteran who, during ac-
tive 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 dur-
ing that service.’’; 
Whereas the international definition and United States-recog-
nized 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 terri-
torial 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 per-
centage of medical conditions associated with Agent Or-
ange exposure compared to those in the regular populace; 
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•HCON 161 IH 
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 terri-
torial 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 Jan-
uary 9, 1962, and ending on May 7, 1975, die at increas-
ing rates every year: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That Congress— 
(1) recognizes the intent of the Agent Orange 
Act of 1991 (Public Law 102–4) included the pre-
sumption 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, were exposed to the Agent Orange dioxin; 
(2) intends for those veterans who served in the 
Armed Forces during the period beginning on Janu-
ary 9, 1962, and ending on May 7, 1975, in the 
bays, harbors, territorial seas, inland waterways, on 
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•HCON 161 IH 
the ground in the Republic of Vietnam, and other 
areas exposed to Agent Orange, and having been di-
agnosed with connected medical conditions to be 
equally recognized for such exposure through equi-
table benefits and coverage; and 
(3) calls on the Department of Veterans Affairs 
to acknowledge this intent of Congress, rescind the 
VA Adjudication Procedure Manual M21–1, Part 
IV, Subpart II, Chapter 1, Section H, Topic 28.h, 
and reissue guidance extending presumptive cov-
erage for exposure to Agent Orange to veterans de-
scribed in paragraph (1). 
Æ 
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