Long title | An Act to provide for the Secretary of Veterans Affairs to obtain independent scientific review of the available scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides, and for other purposes. |
---|---|
Acronyms (colloquial) | AOA |
Nicknames | Agent Orange bill |
Enacted by | the 102nd United States Congress |
Effective | February 6, 1991 |
Citations | |
Public law | 102-4 |
Statutes at Large | 105 Stat. 11 |
Codification | |
Titles amended | 38 U.S.C.: Veterans' Benefits |
U.S.C. sections created | 38 U.S.C. § 1116 |
U.S.C. sections amended | |
Legislative history | |
|
Agent Orange Act of 1991 establishes provisions for the National Academy of Sciences to analyze and summarize scientific evidence regarding presumptive military service exposure to defoliants, dioxins, and herbicides, better known as Agent Orange, during the Vietnam War era. The United States Statute endorses an observation of human medical conditions directly related to non-Hodgkin lymphoma, soft-tissue sarcoma, chloracne, and consistent acneform diseases for military personnel who served in the overseas Vietnamese region. The Act of Congress ratifies a medical research compilation of voluntarily contributed blood and tissue samples provided by Vietnam-era veterans serving in Southeast Asia between 1961 and 1975.
The H.R. 556 legislation was passed by the 102nd United States Congressional session and enacted into law by the 41st President of the United States George H. W. Bush on February 6, 1991. [1] [2]
On March 20, 1979, President Jimmy Carter issued Proclamation 4647 acknowledging the Memorial Day week of May 28 through June 3, 1979 as Vietnam Veterans Week, 1979. [3] [4] [5]
Agent Orange Study of 1979
On December 6, 1979, the 96th United States Congress passed H.R. 3892, better known as Veterans Health Programs Extension and Improvement Act of 1979. [6] The Title 38 amendment, better known as Title III: Veterans' Administration Medical Personnel Amendments and Miscellaneous Provisions, was enacted into law by the 39th President of the United States Jimmy Carter on December 20, 1979. House Bill 3892 endorsed the United States Department of Veterans Affairs to conduct an epidemiological study concerning human exposure and the adverse health effects of dioxins and phenoxy herbicides. [7] The persistent, bioaccumulative and toxic substances protocol was subject to approval by the Office of Technology Assessment as stated in the provisions of the H.R. 3892 legislation. [8]
The 96th United States Senate passed bill S. 2096 sanctioning the Agent Orange study to be conducted by the United States Department of Health, Education, and Welfare. [9] On January 2, 1980, President Jimmy Carter vetoed the Senate bill due to the repetitive purpose of the Section 307a1 provisions as stated in House bill 3892. [10]
Chemistry of Defoliants and Herbicides
2,4-D | Naphthenic acid |
2,4,5-T | Palmitic acid |
Cacodylic acid | PCDD |
Dioxin | Picloram |
Diquat | TCDD |
Agent Orange is a chemical herbicide and defoliant, one of the tactical use Rainbow Herbicides. It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1961 to 1971. The U.S. was strongly influenced by the British who used Agent Orange during the Malayan Emergency. It is a mixture of equal parts of two herbicides, 2,4,5-T and 2,4-D. In addition to its damaging environmental effects, traces of dioxin found in the mixture have caused major health problems and deformities for many individuals who were exposed, and their children.
Polychlorinated dibenzodioxins (PCDDs), or simply dioxins, are a group of long-lived polyhalogenated organic compounds that are primarily anthropogenic, and contribute toxic, persistent organic pollution in the environment.
Operation Ranch Hand was a U.S. military operation during the Vietnam War, lasting from 1962 until 1971. Largely inspired by the British use of chemicals 2,4,5-T and 2,4-D during the Malayan Emergency in the 1950s, it was part of the overall herbicidal warfare program during the war called "Operation Trail Dust". Ranch Hand involved spraying an estimated 19 million U.S. gallons (72,000 m3) of defoliants and herbicides over rural areas of South Vietnam in an attempt to deprive the Viet Cong of food and vegetation cover. Areas of Laos and Cambodia were also sprayed to a lesser extent. According to the Vietnamese government, the chemicals caused 400,000 deaths. The United States government has described these figures as "unreliable".
A defoliant is any herbicidal chemical sprayed or dusted on plants to cause their leaves to fall off. Defoliants are widely used for the selective removal of weeds in managing croplands and lawns. Worldwide use of defoliants, along with the development of other herbicides and pesticides, allowed for the Green Revolution, an increase in agricultural production in mid-20th century. Defoliants have also been used in warfare as a means to deprive an enemy of food crops and/or hiding cover, most notably by the United Kingdom during the Malayan Emergency and the United States in the Vietnam War. Defoliants were also used by Indonesian forces in various internal security operations.
The National Energy Conservation Policy Act of 1978 is a United States statute which was enacted as part of the National Energy Act.
Herbicidal warfare is the use of substances primarily designed to destroy the plant-based ecosystem of an area. Although herbicidal warfare use chemical substances, its main purpose is to disrupt agricultural food production and/or to destroy plants which provide cover or concealment to the enemy, not to asphyxiate or poison humans and/or destroy human-made structures. Herbicidal warfare has been forbidden by the Environmental Modification Convention since 1978, which bans "any technique for changing the composition or structure of the Earth's biota".
2,4,5-Trichlorophenoxyacetic acid, a synthetic auxin, is a chlorophenoxy acetic acid herbicide used to defoliate broad-leafed plants. It was developed in the late 1940s, synthesized by reaction of 2,4,5-Trichlorophenol and chloroacetic acid. It was widely used in the agricultural industry until being phased out, starting in the late 1970s due to toxicity concerns. Agent Orange, a defoliant used by the British in the Malayan Emergency and the U.S. in the Vietnam War, was equal parts 2,4,5-T and 2,4-D. 2,4,5-T itself is toxic with a NOAEL of 3 mg/kg/day and a LOAEL of 10 mg/kg/day. Agent Pink contained 100% 2,4,5-T. Additionally, the manufacturing process for 2,4,5-T contaminates this chemical with trace amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). TCDD is a carcinogenic persistent organic pollutant with long-term effects on the environment. With proper temperature control during production of 2,4,5-T, TCDD levels can be held to about .005 ppm. Before the TCDD risk was well understood, early production facilities lacked proper temperature controls and individual batches tested later were found to have as much as 60 ppm of TCDD.
The Rainbow Herbicides are a group of tactical-use chemicals used by the United States military in Southeast Asia during the Vietnam War. Success with Project AGILE field tests in 1961 with herbicides in South Vietnam was inspired by the British use of herbicides and defoliants during the Malayan Emergency in the 1950s, which led to the formal herbicidal program Trail Dust. Herbicidal warfare is the use of substances primarily designed to destroy the plant-based ecosystem of an agricultural food production area and/or to destroy dense foliage which provides the enemy with natural tactical cover.
The Indochina Migration and Refugee Assistance Act, passed on May 23, 1975, under President Gerald Ford, was a response to the Fall of Saigon and the end of the Vietnam War. Under this act, approximately 130,000 refugees from South Vietnam, Laos and Cambodia were allowed to enter the United States under a special status, and the act allotted special relocation aid and financial assistance.
Gulf War syndrome (GWS) also known as Gulf War Illness or Chronic Multi-symptom Illness, is a chronic and multi-symptomatic disorder affecting military veterans of both sides of the Gulf War (1990–1991). A wide range of acute and chronic symptoms have been linked to it, including fatigue, muscle pain, cognitive problems, insomnia, rashes and diarrhea. Approximately 250,000 of the 697,000 U.S. veterans who served in the Gulf War have enduring chronic multi-symptom illness, a condition with serious consequences. From 1995 to 2005, the health of combat veterans worsened in comparison with nondeployed veterans, with the onset of more new chronic diseases, functional impairment, repeated clinic visits and hospitalizations, myalgic encephalomyelitis/chronic fatigue syndrome-like illness, post-traumatic stress disorder, and greater persistence of adverse health incidents.
A burn pit is an area of a United States military base in which waste is disposed of by burning.
Fred A. Wilcox is a retired associate professor in the writing department at Ithaca College. He is the author of six books on issues including the Vietnam War, nuclear power, and the Plowshares Movement. Two of his books discuss the effects of Agent Orange, a defoliant used extensively during the war.
AIDS amendments of 1988, better known as the Health Omnibus Programs Extension (HOPE) Act of 1988, is a United States statute amending the Public Health Service Act. The Acquired Immune Deficiency Syndrome amendments were compiled as Title II - Programs with Respect to Acquired Immune Deficiency Syndrome within the HOPE Act of 1988. The Title II Act appropriated federal funding for Acquired Immune Deficiency Syndrome (AIDS) education, prevention, research, and testing. The U.S. legislative title provisioned the establishment of the presidentially appointed National Commission on AIDS. The S. 2889 legislation was passed by the 100th U.S. Congressional session and signed by President Ronald Reagan on November 4, 1988.
Saccharin Study and Labeling Act of 1977 or Saccharin Study, Labeling and Advertising Act was a United States federal statute endorsing requirements for a scientific observation regarding the impurities in, potential toxicity, and problematic carcinogenicity of a non-nutritive sweetener better known as saccharin. The Act of Congress invoked an immediate eighteen month moratorium prohibiting the Secretary of Health, Education, and Welfare from pursuing regulatory implications by limiting the production and use of saccharin. The Act codified a warning label requirement advocating the non-nutritive sweetener had been discovered to yield carcinogenicity in laboratory animals.
Nuclear Safety, Research, Demonstration, and Development Act of 1980, 42 U.S.C. § 9701, established nuclear safety policy for nuclear power plants supplying electric energy and electricity generation within the United States. The Act authorized a five-year demonstration program simulating conditions with light water nuclear reactors for the observation of control monitoring and phases of operation for nuclear reactor cores. The U.S. Department of Energy was authorized by the Act of Congress to conduct the nuclear reactor demonstration study while establishing a reactor engineering simulator facility at a United States national laboratory. The nuclear safety demonstration program was to provide research data regarding reactor design and simplification improvements given thermal power station simulations subjecting nuclear reactors to hypothesized calamity and customary operating conditions.
Agent Orange is a herbicide, classified as a defoliant, that was used most notably by the U.S. military during the Vietnam War. Its primary purpose was strategic deforestation, destroying the forest cover and food resources necessary for the implementation and sustainability of the North Vietnamese style of guerilla warfare. The U.S. Agent Orange usage reached an apex during Operation Ranch Hand, in which the material was sprayed over 4.5 million acres of land in Vietnam from 1961 to 1971.
Helium Act of 1925, 50 USC § 161, is a United States statute drafted for the purpose of conservation, exploration, and procurement of helium gas. The Act of Congress authorized the condemnation, lease, or purchase of acquired lands bearing the potential of producing helium gas. It banned the export of helium, for which the US was the only important source, thus forcing foreign airships to use hydrogen lift gas. The Act empowered the United States Department of the Interior and United States Bureau of Mines with the jurisdiction for the experimentation, production, repurification, and research of the lighter than air gas. The Title 50 codified law provided the authority for the creation of the National Helium Reserve.
For Solar Energy Research, Development and Demonstration Act of 1974, please see Solar Energy Research, Development and Demonstration Act of 1974 - Wikipedia.
Earthquake Hazards Reduction Act of 1977 is a statute formulating a national policy to diminish the perils of earthquakes in the United States. The Act of Congress is a declaration for an earthquake prediction system, national earthquake hazards reduction program, and seismological research studies. The United States public law authorizes States assistance through the provisions of the Disaster Relief Act of 1974.
Strategic and Critical Materials Stock Piling Act of 1939, 50 USC § 98, is a United States federal law establishing strategic materials supply reserves for the United States common defense, industrial demands, and military commitments. The Act of Congress authorize the acquisition of raw material stocks for inventory disposition, rotation, and storage within the United States.
U.S. Congressional amendments to Title 38 regarding veterans' military benefits as related to the adverse effects of Agent Orange and exposure to dioxins.
U.S. Statutes Related to Veterans' Military Benefits | |||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Publications regarding Agent Orange Exposure |
---|
|
{{cite AV media}}
: CS1 maint: others in cite AV media (notes) (link){{cite AV media}}
: CS1 maint: others in cite AV media (notes) (link)