Support Senate Bill S1939 - Agent Orange Equity Act

We the undersigned strongly urge you to co sponsor, fund and enact S.1939 the Agent Orange Equity Act of 2009 introduced by Senator Sen Gillibrand, Kirsten E. [NY] (introduced 10/27/2009).

This legislation would clarify the legal presumption of exposure to Agent Orange for veterans who served in the vicinity of Vietnam.

Currently, US Code 38 Section 1116, defines a Viet Nam veteran as "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." The Department of Veterans Affairs uses a conservative interpretation to mean "boots on the ground" which excludes most Navy and Air Force personnel who have Agent Orange related diseases but who cannot prove "boots on the ground".

H.R. 2254 would clarify this section by redefining a Vietnam veteran as one who during active military, naval or air service (a) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period January 9, 1962 May 7, 1975; (b) served in Johnston Island during the period April 1, 1972 September 30, 1977; or (c) received the Vietnam Service Medal or the Vietnam Campaign Medal.

Again, we want to thank you for your support for veterans to this point and urge you strongly to co sponsor, fund and enact S.1939

We have started this petition to send to the U.S. Senate to try to open their eyes to how much support there is for correcting the egregious error the DVA made in their mandate of "boots on the ground" something not intended in the original Agent Orange Act of 1991.

Following is the text of the bill.
Be sure to sign the petition. Your help is appreciated.

A BILL

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Agent Orange Equity Act of 2009'.

SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR VETERANS WHO SERVED IN THE VICINITY OF THE REPUBLIC OF VIETNAM.

(a) Clarification- Section 1116 of title 38, United States Code, is amended--

(1) in subsections (a)(1) and (f), by striking `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' and inserting `a veteran described in subsection (g)'; and

(2) by adding at the end the following new subsection:

`(g) A veteran described in this subsection is a veteran who--

`(1) during active military, naval, or air service--

`(A) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period beginning on January 9, 1962, and ending on May 7, 1975; or

`(B) served in Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or

`(2) received the Vietnam Service Medal or the Vietnam Campaign Medal.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect as of September 25, 1985.

We the undersigned strongly urge you to co sponsor, fund and enact S.1939 the Agent Orange Equity Act of 2009 introduced by Senator  Gillibrand, Kirsten E. [NY] (introduced 10/27/2009).

This legislation would clarify the legal presumption of exposure to Agent Orange for veterans who served in the vicinity of Vietnam.

Currently, US Code 38 Section 1116, defines a Viet Nam veteran as "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." The Department of Veterans Affairs uses a conservative interpretation to mean "boots on the ground" which excludes most Navy and Air Force personnel who have Agent Orange related diseases but who cannot prove "boots on the ground".

S.1939 would clarify this section by redefining a Vietnam veteran as one who during active military, naval or air service (a) served in the Republic of Vietnam (including the inland waterways, ports, and harbors of such Republic, the waters offshore of such Republic, and the airspace above such Republic) during the period January 9, 1962 May 7, 1975; (b) served in Johnston Island during the period April 1, 1972 September 30, 1977; or (c) received the Vietnam Service Medal or the Vietnam Campaign Medal.

Again, we want to thank you for your support for veterans to this point and urge you strongly to co sponsor, fund and enact S.1939

Respectfully,