Agent Orange and Civilian Contractors during the Vietnam War.

Discussion in 'General Discussion' started by HK_User, May 25, 2019.


  1. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    This has a time limit.
    So please read the following Bill `Civilian Agent Orange Act of 2007'

    Agent Orange Civilian Bill


    Civilian Agent Orange Act of 2007 (Introduced in House)



    HR 972 IH

    110th CONGRESS

    1st Session

    H. R. 972

    To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government or contractor employees of the Department of Defense and suffered disability or death from exposure to Agent Orange.

    IN THE HOUSE OF REPRESENTATIVES

    February 8, 2007

    Mr. WEXLER (for himself, Mr. FILNER, Mr. KUCINICH, Mr. MORAN of Virginia, Mr. MCNERNEY, Ms. JACKSON-LEE of Texas, and Mr. GONZALEZ) introduced the following bill; which was referred to the Committee on the Judiciary


    A BILL


    To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government or contractor employees of the Department of Defense and suffered disability or death from exposure to Agent Orange.

    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 `Civilian Agent Orange Act of 2007'.

    SEC. 2. DEFINITIONS.

    In this Act:

    (1) EXPOSED EMPLOYEE- The term `exposed employee' means an individual who--

    (A) during the Vietnam conflict--

    (i) was a civilian employee of the Federal Government, or an employee of a contractor (or subcontractor at any tier) of the Department of Defense; and

    (ii) while so employed, was--

    (I) physically present in the Republic of Vietnam during the period beginning January 9, 1962, and ending on May 7, 1975; or

    (II) in or near the Korean demilitarized zone during the period beginning September 1, 1967, and ending on August 31, 1971;

    (B) contracted an Agent Orange illness; and

    (C) suffered injury or death by reason of that illness.

    (2) AGENT ORANGE ILLNESS- The term `Agent Orange illness' means an illness listed by the National Institute of Medicine as having at least a limited or suggestive association with 2,4-dichlorophenoxyacetic acid (2,4-D), 1,4,5-trichlorophenoxyacetic acid (2,4,5-T), 4-amino-3,5,6-trichloropicolinic acid (picloram), and cacodylic acid (dimenthylarsenic acid, DMA), and 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD, or dioxin).

    SEC. 3. COMPENSATION PROGRAM.

    (a) In General- There is hereby established a program to be known as the `Agent Orange Illness Compensation Program' (in this Act referred to as the `compensation program'), to be carried out by the Attorney General.

    (b) Purpose- The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of exposed employees and, where applicable, survivors of such employees, suffering from Agent Orange illnesses incurred by such employees.

    SEC. 4. COMPENSATION FUND.

    (a) Establishment- There is hereby established on the books of the Treasury a fund to be known as the `Agent Orange Illness Compensation Fund' (in this Act referred to as the `compensation fund').

    (b) Amounts- The compensation fund shall consist of the following amounts:

    (1) Amounts appropriated to the compensation fund pursuant to an authorization of appropriations.

    (2) Amounts transferred to the compensation fund.

    (c) Financing- Upon the exhaustion of amounts in the compensation fund, the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program.

    (d) Use- Subject to subsection (e) of this section, amounts in the compensation fund shall be used to carry out the compensation program.

    (e) Administrative Costs Not Paid From Fund- No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation fund.

    (f) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes- Notwithstanding any other provision of law, a monetary allowance paid an individual under this Act shall not be considered as income or resources in determining eligibility for, or the amount of benefits under any Federal or federally assisted program.

    (g) Investment- Amounts in the compensation fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund.

    (h) Authorization of Appropriations- There is hereby authorized to be appropriated $100,000,000 to the compensation fund.

    SEC. 5. COMPENSATION TO BE PROVIDED.

    (a) In General- An exposed employee, or the eligible survivor of that employee if the employee is deceased, shall receive compensation for the injury, illness, or death of that employee from that employee's Agent Orange illness in an amount determined under subsection (b).

    (b) Amount- For each exposed employee, the Attorney General shall provide compensation in the amount of $100,000.

    (c) Payments in the Case of Deceased Persons-

    (1) SURVIVORS ELIGIBLE- In the case of an exposed employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the employee's Agent Orange illness, such payment may be made only as follows:

    (A) If the employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.

    (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the employee who--

    (i) had not yet attained the age of 18 when the employee died or was permanently or totally disabled before the age of 18; and

    (ii) are living at the time of payment.

    (2) CLAIMS- If an employee eligible for payment dies before filing a claim under this Act, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.

    (3) DEFINITIONS- For purposes of this subsection--

    (A) the `spouse' of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; and

    (B) a `child' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.

    (d) Children With Spina Bifida- In any case in which a child of an exposed employee is born with spina bifida by reason of that employee's exposure to Agent Orange, that child shall directly receive compensation in an amount determined under subsection (b).

    SEC. 6. CLAIMS PROCESSING.

    (a) In General- Subject to subsections (b), (c), and (d), the Attorney General shall specify standards and criteria for filing applications and for processing, determining, and paying claims.

    (b) Deadline- A claim not filed within 20 years after the date of the enactment of this Act is void.

    (c) Written Medical Documentation- Payment may not be made on a claim except on written medical evidence that the Attorney General, in consultation with the Surgeon General, determines to be adequate.

    (d) Review- Unless otherwise specified by the Attorney General, any determination on a claim under this Act is not subject to administrative or judicial review.

    SEC. 7. IMPLEMENTATION.

    The Attorney General shall prescribe regulations to implement this Act.

    SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS.

    A payment of compensation to an individual, or to a survivor of that individual, under this Act shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim, against any person, that is based on the same illness, injury, or death of that individual on account of exposure to Agent Orange herbicides.

    H.R.972
    Title: To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government or contractor employees of the Department of Defense and suffered disability or death from exposure to Agent Orange.
    Sponsor: Rep Wexler, Robert [FL-19] (introduced 2/8/2007) Cosponsors (8)
    Latest Major Action: 2/8/2007 Referred to House committee. Status: Referred to the House Committee on the Judiciary.



    COSPONSORS(8), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)


    Rep Filner, Bob [CA-51] - 2/8/2007

    Rep Gonzalez, Charles A. [TX-20] - 2/8/2007

    Rep Hare, Phil [IL-17] - 2/13/2007

    Rep Hirono, Mazie K. [HI-2] - 2/15/2007

    Rep Jackson-Lee, Sheila [TX-18] - 2/8/2007

    Rep Kucinich, Dennis J. [OH-10] - 2/8/2007

    Rep McNerney, Jerry [CA-11] - 2/8/2007

    Rep Moran, James P. [VA-8] - 2/8/2007
     
  2. Altoidfishfins

    Altoidfishfins Monkey+++ Site Supporter+

    Well that's really interesting @HK_User. Unfortunately (or fortunately as the case may be) I was in neither place during those times. I was in Thailand but Agent Orange use there had been documented up until May of 1975. I was there in summer of 1974.

    At least there's something that recognizes that civilians were also exposed. May need to think on this a bit.

    Thank you, HK!
     
    Gator 45/70, HK_User and SB21 like this.
  3. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    Thailand Military Bases and Agent Orange Exposure - Public Health

    Thailand Military Bases and Agent Orange Exposure
    Vietnam-era Veterans whose service involved duty on or near the perimeters of military bases in Thailand anytime between February 28, 1961 and May 7, 1975 may have been exposed to herbicides and may qualify for VA benefits.

    The following Veterans may have been exposed to herbicides:

    [​IMG]
    U-Tapao Air Base, Thailand, 1972
    The National Archives

    • U.S. Air Force Veterans who served on Royal Thai Air Force (RTAF) bases at U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter anytime between February 28, 1961 and May 7, 1975.
    • U.S. Army Veterans who provided perimeter security on RTAF bases in Thailand anytime between February 28, 1961 and May 7, 1975.
    • U.S. Army Veterans who were stationed on some small Army installations in Thailand anytime between February 28, 1961 and May 7, 1975. However, the Army Veteran must have been a member of a military police (MP) unit or was assigned an MP military occupational specialty whose duty placed him/her at or near the base perimeter.Edit
    To receive benefits for diseases associated with herbicide exposure, these Veterans must show on a factual basis that they were exposed to herbicides during their service as shown by evidence of daily work duties, performance evaluation reports, or other credible evidence.

    See herbicide testing and stoage locations in Thailand.

    HK NOTE; The Phrase "Placed him/her at or near the base perimeter." is less important than it once was as AO is found to be so invasive.

    If in Doubt Please File a Contractor Claim.
     
    Last edited: May 26, 2019
    Gator 45/70 likes this.
  4. Altoidfishfins

    Altoidfishfins Monkey+++ Site Supporter+

    I was working at NKP (Nakhon Phanom) RTAFB about 6 or 8 miles from the border with Laos. I've established contact on line with one of the AF troops who says he remembers me and my team being there and he sent me a couple of photos of the flight line and the hangar where I worked. I was the youngest of the team. Wouldn't be surprised if the only one left who is still breathing.

    Long time ago. Memories of the AF guys (a great bunch to work with - certainly remember that much) and the surroundings come back in bits and pieces.

    Anyway, this bears further.

    Thx again @HK_User
     
    Gator 45/70 and HK_User like this.
  5. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    My Pleasure.
     
  1. HK_User
  2. HK_User
  3. HK_User
  4. HK_User
  5. HK_User
  6. HK_User
  7. HK_User
  8. HK_User
  9. HK_User
  10. HK_User
  11. HK_User
survivalmonkey SSL seal        survivalmonkey.com warrant canary
17282WuJHksJ9798f34razfKbPATqTq9E7