Bill Text: NY K00064 | 2019-2020 | General Assembly | Introduced

New York Assembly Resolution 64 (Prior Session Legislation)

Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 17-3)

Status: (Introduced - Dead) 2019-02-05 - reported to calendar for consideration [K00064 Detail]

Download: New_York-2019-K00064-Introduced.html


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.