Agent Orange Act of 1991

Last updated
Agent Orange Act of 1991
Great Seal of the United States (obverse).svg
Long titleAn 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
NicknamesAgent Orange bill
Enacted bythe 102nd United States Congress
EffectiveFebruary 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.

Contents

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]

History

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]

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. [5] 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. [6] 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. [7]

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. [8] 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. [9]

See also

1990 Chemical Weapons Accord Napalm
Chemical Corps Operation Ranch Hand
Chemical Weapons Convention Operation Rolling Thunder
Fairchild C-123 Provider Organisation for the Prohibition of Chemical Weapons
Geneva Protocol Paris Peace Accords
Herbicidal warfare Project AGILE
I Corps of South Vietnam Radiation exposure
III Corps of South Vietnam Scorched earth
Jungle warfare UH-1 Iroquois Utility Helicopter
Mekong Delta United States chemical weapons program
Mobile Riverine Force United States herbicidal warfare research

Chemistry of Defoliants and Herbicides

2,4-D Naphthenic acid
2,4,5-T Palmitic acid
Cacodylic acid PCDD
Dioxin Picloram
Diquat TCDD

Related Research Articles

<span class="mw-page-title-main">Agent Orange</span> Herbicide used by the US in the Vietnam War

Agent Orange is a chemical herbicide and defoliant, one of the tactical use Rainbow Herbicides.

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.

<span class="mw-page-title-main">Operation Ranch Hand</span> 1962–1971 US herbicidal warfare operation in the Vietnam War

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.

<span class="mw-page-title-main">National Energy Conservation Policy Act</span> US federal law concerning saving electricity

The National Energy Conservation Policy Act of 1978 is a United States statute which was enacted as part of the National Energy Act.

<span class="mw-page-title-main">Agent White</span>

Agent White is the code name for a herbicide used by the U.S. military in its herbicidal warfare program during the Vietnam War. The name comes from the regulatory requirements of identifying each container of the various herbicides through the addition of colored stripes. The colors used were orange, purple, pink, blue, and white by the manufacturers to ensure that the contents were easily identifiable during shipment and usage, as the colors were selected by the U.S. government. Largely inspired by the British use of herbicides and defoliants during the Malayan Emergency, it was one of the so-called "rainbow herbicides".

<span class="mw-page-title-main">2,4,5-Trichlorophenoxyacetic acid</span> Chemical compound

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.

<span class="mw-page-title-main">Rainbow Herbicides</span> Herbicides used by the US in the Vietnam War

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 and/or to destroy dense foliage which provides the enemy with natural tactical cover.

<span class="mw-page-title-main">Indochina Migration and Refugee Assistance Act</span> US law allowing Southeast Asian refugees to move to the United States

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.

<span class="mw-page-title-main">Gulf War syndrome</span> Chronic disorder related to the Gulf War

The Gulf War syndrome (GWS) 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.

<span class="mw-page-title-main">Burn pit</span> Waste disposal method

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.

<span class="mw-page-title-main">AIDS amendments of 1988</span> US law

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.

<span class="mw-page-title-main">Saccharin Study and Labeling Act of 1977</span> US law

Saccharin Study and Labeling Act of 1977 or Saccharin Study, Labeling and Advertising Act was a United States federal statute enacting 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.

<span class="mw-page-title-main">Veterans Health Administration controversy of 2014</span> Reported pattern of negligence in the treatment of United States military veterans

The Veterans Health Administration controversy of 2014 is a reported pattern of negligence in the treatment of United States military veterans. Critics charged that patients at the VHA hospitals had not met the target of getting an appointment within 14 days. In some hospitals, the staff falsified appointment records to appear to meet the 14-day target. Some patients died while they were on the waiting list. Defenders agreed that it was unacceptable to falsify data, but the 14-day target was unrealistic in understaffed facilities like Phoenix, and most private insurers did not meet a 14-day target either. By most measures, the VHA system provides "excellent care at low cost," wrote Paul Krugman, who believes that the attacks on the VHA system are motivated by conservatives who want to discredit a government program that works well. Conservative legislators have proposed privatizing the VHA, and legislative reforms that will make it easier for veterans to go to private doctors.

<span class="mw-page-title-main">Nuclear Safety, Research, Demonstration, and Development Act of 1980</span> United States law

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.

<span class="mw-page-title-main">Helium Act of 1925</span> United States statute

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.

<span class="mw-page-title-main">Solar Photovoltaic Energy Research, Development, and Demonstration Act of 1978</span> US federal law regarding renewables

Solar Photovoltaic Energy Research, Development, and Demonstration Act of 1978 is a United States statute authorizing the research and development of photovoltaic systems utilizing solar irradiance or sunlight as a source for electricity generation. The Act of Congress promotes energy conservation by the displacement of conventional energy systems dependent upon alternative fuel and fossil fuel resources.

<span class="mw-page-title-main">Earthquake Hazards Reduction Act of 1977</span>

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.

<span class="mw-page-title-main">Strategic and Critical Materials Stock Piling Act of 1939</span>

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.

References

  1. Bush, George H.W. (February 6, 1991). "Statement on Signing the Agent Orange Act of 1991 - February 6, 1991". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 114–115.
  2. Bush, George H.W. (February 6, 1991). "Remarks on Signing the Veterans' Compensation Amendments of 1991 and the Agent Orange Act of 1991 - February 6, 1991". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 112–113.
  3. "Jimmy Carter, Proclamation 4647 - Vietnam Veterans Week, 1979". The American Presidency Project ~ John Woolley and Gerhard Peters. University of California - Santa Barbara. March 20, 1979.
  4. Carter, Jimmy E. (May 30, 1979). "Vietnam Veterans Week, 1979". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 972–975.
  5. "Veterans Health Programs Extension and Improvement Act of 1979 - P.L. 96-151" (PDF). 93 Stat. 1092 ~ House Bill 3892. U.S. Government Publishing Office. December 20, 1979.
  6. "H.R. 3892 ~ Veterans Health Programs Extension and Improvement Act of 1979". P.L. 96-151 ~ 93 Stat. 1092. Congress.gov. May 2, 1979.
  7. Hansen, John C. (January 1, 1981). "The Vietnam Veteran vs. Agent Orange: The War That Lingers" (PDF). U.S. GAO. U.S. Government Accountability Office. p. 32.
  8. "S. 2096 ~ Agent Orange Study of 1979". Congress.gov. December 20, 1979.
  9. Carter, Jimmy E. (January 2, 1980). "Veto of Legislation Requiring a Study of Health Effects of Dioxin Exposure: Message to the Senate Returning S. 2096 Without Approval - January 2, 1980". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 4–5.

Title 38 amendments and associated statutes

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
Enactment DatePublic LawU.S. StatuteU.S. BillU.S. President
December 20, 1979P.L. 96-15193  Stat.   1092 H.R. 3892 Jimmy Carter
November 3, 1981P.L. 97-7295  Stat.   1047 H.R. 3499 Ronald Reagan
October 24, 1984P.L. 98-54298  Stat.   2725 H.R. 1961 Ronald Reagan
December 6, 1989P.L. 101-201103  Stat.   1795 S. 892 George H.W. Bush
December 18, 1989P.L. 101-237103  Stat.   2062 H.R. 901 George H.W. Bush
November 2, 1994P.L. 103-452108  Stat.   4783 H.R. 3313 William J. Clinton

United States oversight of chemical weapons

Periodical bibliography

Reading bibliography

Publications regarding Agent Orange Exposure

Historical video archive