Legislature(2013 - 2014)CAPITOL 120
02/18/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR25 | |
| HB286 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 25 | TELECONFERENCED | |
| += | HB 286 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 25-VIETNAM VETS: SERVICE-RELATED DISEASES
1:08:06 PM
CO-CHAIR FOSTER announced that the first order of business would
be HOUSE JOINT RESOLUTION NO. 25, Urging the United States
Congress to restore the presumption of a service connection for
Agent Orange exposure to United States Veterans who served in
the waters defined by and in the airspace over the combat zone
in Vietnam.
1:08:53 PM
CO-CHAIR LEDOUX introduced HJR 25, as the prime sponsor. She
informed the committee HJR 25 is a step to fix a lapse in the
treatment of Vietnam veterans. Currently, only soldiers who had
"boots on the ground" during the Vietnam conflict are eligible
for benefits related to their exposure to Agent Orange; HJR 25
urges the U.S. Congress to pass House Resolution 543, "Blue
Water Navy Vietnam Veterans Act of 2013," which amends current
compensation and health care regulations to include coverage of
the service members who served in the waters of Vietnam, many of
whom were also exposed to Agent Orange, a fact not recognized by
the federal government. Co-Chair LeDoux concluded that these
brave men served their country honorably and Congress needs to
be reminded of its responsibility towards its veterans.
1:10:52 PM
THOMAS BROWN, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, began the summary on HJR 25 by providing
background information. In 1991, the U.S. Congress passed the
Agent Orange Act which forced the U. S. Department of Veterans
Affairs (VA) to make a presumption of exposure for any Vietnam
veteran who displays symptoms related to the herbicide known as
Agent Orange, and to provide them with medical and/or financial
benefits. In 2002, VA redefined what made a veteran eligible
for those benefits, choosing to limit benefits to only those
veterans who served on the ground, thereby dismissing all of the
offshore Naval and Marine personnel from coverage. Mr. Brown
opined this was done without any scientific, medical, or legal
reasons. Over the last six years, the Institute of Medicine -
the health division of the National Academies - has issued
reports concluding that there are no legitimate reasons to
exclude members of the aforementioned service, known as the Blue
Water Navy, from receiving benefits related to their exposure to
Agent Orange. Currently before Congress is HR-543 Blue Water
Navy Vietnam Veterans Act of 2013, which returns medical
benefits and compensation to those who have earned them. The
resolution has 174 co-sponsors, and is supported by Alaska's
congressman, the Honorable Don Young, U.S. Representative. Mr.
Brown said that HJR 25 urges Congress to honor veterans and pass
HR-543. Should HJR 25 pass, copies of the resolution will be
delivered to Alaska's Congressional Delegation, the Honorable
Eric Shinseki, U.S. Secretary of Veterans Affairs, the Honorable
John Boehner, Speaker of the U.S. House of Representatives, the
Honorable Joseph Biden, Jr., Vice-President of the U.S. and the
Honorable Barack Obama, President of the U.S. Mr. Brown
estimated that hundreds of Blue Water Navy veterans in Alaska
may need assistance due to the toxins they were exposed to
during their time of service.
1:13:33 PM
REPRESENTATIVE REINBOLD asked for the number of Alaskans who
have been affected [by Agent Orange].
MR. BROWN said there is no way to know, although approximately
609 Blue Water Navy veterans live in Alaska.
REPRESENTATIVE HUGHES inquired as to whether members of the Blue
Water Navy ever spent time on land.
MR. BROWN responded that qualification for benefits has nothing
to do with the duration of time spent on the ground, but has to
do with where a service member was stationed.
1:15:13 PM
REPRESENTATIVE HUGHES declared a possible conflict of interest.
1:15:32 PM
REPRESENTATIVE REINBOLD objected.
1:15:42 PM
CO-CHAIR FOSTER said Representative Hughes would be required to
vote.
MR. BROWN, in further response to Representative Hughes, said
the effects from exposure to Agent Orange range from a wide
spectrum of neurological damage to skin rashes and
dermatological conditions.
REPRESENTATIVE SADDLER asked for the current status of HR-543.
MR. BROWN advised the resolution has not moved out of the
committee of first referral. In further response to
Representative Saddler, he said VA has not offered testimony on
the resolution.
REPRESENTATIVE SADDLER then asked whether a federal fiscal note
has indicated, "What the cost would be to extend the coverage of
the presumption of Agent Orange exposure to airman and sailors."
MR. BROWN expressed his understanding that there has been little
interest in the bill thus there is no fiscal note or other
attachments; however, it is logical to assume that there would
be a cost. In further response to Representative Saddler, Mr.
Brown said he did not have any information on the costs to the
federal government related to the passage of the Agent Orange
Act of 1991.
1:18:55 PM
REPRESENTATIVE HIGGINS observed the toxicity of the Agent Orange
chemicals was unknown, but is known now; therefore, there is an
obligation to the affected servicemen and servicewomen, no
matter what the cost. He said he appreciated the resolution.
REPRESENTATIVE HUGHES surmised the bill is only in the U.S.
[House of Representatives].
MR. BROWN said correct.
REPRESENTATIVE HUGHES encouraged the sponsor to ensure that a
copy of the Alaska resolution is provided to the leadership of
the U.S. Senate.
1:21:52 PM
REPRESENTATIVE GRUENBERG described his personal experience in
Vietnam serving on a landing ship, tank (LST), in blue and brown
water. He explained that the Blue Water Navy personnel were
stationed in the offshore areas where the water is blue, and the
Brown Water Navy personnel were stationed in the inland waters
and right up on the beaches. He stated his conflict of
interest.
1:23:15 PM
REPRESENTATIVE HUGHES objected.
REPRESENTATIVE GRUENBERG said he supported the bill; however, he
suggested that the bill has not received much support in
Congress because these issues are being addressed "into a bigger
bill, you wouldn't likely find something little like this pass
but they ... meld it into an appropriations bill or something
like that." He asked whether Mr. Brown was aware of any attempt
to put this [resolution] into any other bill.
MR. BROWN advised Congressman Young is a co-sponsor, and his
office is unaware of any attempt to move the bill.
REPRESENTATIVE GRUENBERG further suggested contact with the U.S.
House of Representative's sponsor of the bill, and with U.S.
Senators on the appropriations committee.
MR. BROWN agreed.
REPRESENTATIVE SADDLER clarified that his questions did not
indicate a lack of support for the resolution.
1:26:04 PM
REPRESENTATIVE HUGHES made a motion to adopt [Conceptual
Amendment 1] to add the Honorable Harry Reid, Senator, U.S.
Senate majority leader, to the paragraph beginning on line 21,
page [3], thereby directing that he receive a copy of the
resolution.
1:26:21 PM
REPRESENTATIVE GRUENBERG objected for the purpose of making an
amendment to the amendment. He recommended that the committee
act in a bipartisan way and also send the resolution to the
Honorable Mitch McConnell, Senator, U.S. Senate minority leader.
1:26:31 PM
REPRESENTATIVE HUGHES said she would accept a friendly amendment
to Conceptual Amendment 1. There being no objection to the
amendment to Conceptual Amendment 1, the amendment to the
amendment was adopted.
1:26:41 PM
There being no further objection to Conceptual Amendment 1, the
amendment was adopted.
1:26:46 PM
CO-CHAIR FOSTER opened public testimony on HJR 25.
1:26:56 PM
JOHN ROSSIE, Executive Vice-President, Blue Water Navy Vietnam
Veterans Association, informed the committee his organization
has been instrumental in providing educational and documented
information to the public and members of Congress in order for
them to understand the intricacies of the bill, specifically the
evidence of the high probability of exposure for the ships
offshore. Because of this high exposure, VA needs to return
[Blue Water Navy veterans] to the Agent Orange Act of 1991. In
response to Representative Saddler's question, he said the
Congressional Budget Office released a preliminary estimate in
October 2012, that over a period of 10 years the bill could cost
VA approximately $1.7 billion. This estimate includes health
care and compensation for the dependents of those who die of a
dioxin-related, service-connected injury. He advised that the
estimate will decrease because the number of veterans who served
in the Blue Water Navy has been finalized at 190,000-210,000.
In response to Representative Hughes's question regarding
specific diseases, Mr. Rossi explained that in order to qualify
for benefits, there must be a diagnosis of an active disease,
the most prevalent of which is diabetes mellitus type 2. Also
included are respiratory cancer, prostate cancer, and
Parkinson's disease. In response to Representative Gruenberg's
question, he said the bill was first introduced in July 2010,
thus is in its second full session of Congress. He agreed that
the number of Blue Water Navy veterans living in Alaska is in
the hundreds; however, less than 30 percent of veterans utilize
the VA health care system and VA is unable to track all
veterans.
1:33:08 PM
REPRESENTATIVE GRUENBERG referred to House Resolution 543, and
said "It's limited to the 'territorial seas of such Republic'
i.e. Vietnam. How far does that extend off the coast of
Vietnam?"
MR. ROSSI said Vietnam uses a baseline territorial designation,
which means instead of following the coast, the baseline is
measured from a low-water point that could be several miles
offshore; from the baseline point the territorial waters extend
12 miles outward. In further response to Representative
Gruenberg, he opined that in order for the U.S. Senate to
sponsor the bill, Senators required that the designated area be
reduced from the entire theatre of combat to the territorial
waters. He added that the CBO is using a headcount to determine
the cost of the bill and has excluded from benefits those
veterans "if they were further out than the 12 miles." Mr.
Rossi said twenty of twenty-seven aircraft carriers were the
ships most likely not to have sailed within the 12-mile limit,
and he is personally working "to expand that."
1:36:55 PM
REPRESENTATIVE GRUENBERG noted his experience serving on an
aircraft carrier with those who may be excluded by HR-543. He
then questioned whether the Alaska State Legislature should
recommend that the term "territorial sea of the Republic" be
extended to cover [veterans serving outside the 12-mile limit].
MR. ROSSI agreed, adding that he expects an amendment to that
effect. In further response to Representative Gruenberg, he
said the 9/25/85 effective date of HR-543 is historically the
date VA recognized that there is a large morbidity population
from diseases caused by the dioxin within Agent Orange. In
further response to Representative Gruenberg, he said the date
does not cut off a great many people because a veteran alive in
1985, and diagnosed with one of the aforementioned diseases,
probably would not be alive today, as estimates indicate that
the average age [at death] of a Vietnam veteran is 66 years.
Finally, Mr. Rossi confirmed for Representative Gruenberg that
HB-543 was introduced in the U.S. House of Representatives and
the U.S. Senate during the [112th Congress of the United
States]; once the bill is passed by the House it will
automatically go to the Senate, and he recommended that HJR 25
be sent to the Honorable Bernard Sanders, chairman of the U.S.
Senate Committee on Veterans' Affairs.
1:42:37 PM
REPRESENTATIVE GRUENBERG expressed his intention to offer an
amendment.
REPRESENTATIVE HUGHES said she supported the resolution. She
asked for the annual or monthly amount of the compensation to
service members and whether it can be determined - at the time
of diagnosis - if dioxin is the cause of diabetes and prostate
cancer.
MR. ROSSI said compensation is based on a range of 0.0 to 100
percent disability; 100 percent disability is assigned to a
veteran with active cancer. Compensation for other diseases
ranges from 40-100 percent; the payment for a 100 percent
disability of an unmarried veteran is $2,858.24 per month and
the payment for a 100 percent disability of a married veteran
$3,017.60 per month. In further response to Representative
Hughes, he said the source of the diseases cannot be determined;
however, 90 percent of Blue Water Navy sailors who have ischemic
heart disease, diabetes, or prostate cancer were affected at the
age of 30-40 years. He cautioned that one of the
characteristics of dioxin is that it is capable of lying
dormant, but the presumptive approach of the Agent Orange Act of
1991 ensures that legitimate claims are covered.
1:49:03 PM
REPRESENTATIVE GRUENBERG disclosed that he may be affected by
the disease. He expressed his understanding that the effect of
[HR-543] is that if a veteran has a related disease, and is
within the covered class, the legal presumption is that the
cause of the veteran's disease is Agent Orange.
MR. ROSSI said yes. In further response to Representative
Gruenberg, he said the presumption clause applies in all cases,
without the effect of any time factor.
REPRESENTATIVE GRUENBERG withdrew the final question.
1:51:59 PM
CO-CHAIR FOSTER, after ascertaining that no one further wished
to testify, closed public testimony on HJR 25.
1:52:12 PM
REPRESENTATIVE GRUENBERG [made a motion to adopt Conceptual
Amendment 2 that the Honorable Bernard Sanders, Senator, and the
ranking member of the U.S. Senate Committee on Veterans' Affairs
be added to the paragraph beginning at line 21, page 3, of HJR
25].
1:52:34 PM
There being no objection, Conceptual Amendment 2 was adopted.
1:52:50 PM
REPRESENTATIVE HIGGINS moved to report HJR 25, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHJR
25(MLV) was moved from the House Special Committee on Military
and Veterans' Affairs.
1:53:08 PM
The committee took a brief at-ease.
| Document Name | Date/Time | Subjects |
|---|