Rep. Bob Filner has introduced the Agent Orange Equity Act of 2009. But, it's not what he promised.

by Larry Scott, VA Watchdog dot Org

On July 22, 2008, Rep. Bob Filner (D-CA), Chairman of the House Committee on Veterans' Affairs, introduced the Agent Orange Equity Act of 2008.  The bill was H.R. 6562 in the 110th Congress.

The bill was designed to reverse the VA's "boots on the ground" rule and read:

Effective on and after September 25, 1985, subsections (a) and (f) of section 1116 of title 38, United States Code, are each amended by inserting after `Republic of Vietnam' each place it appears the following: `including the inland waterways of such Republic, the waters offshore of such Republic, and the airspace above such Republic'.

The bill went nowhere.

On August 21, 2008, I interviewed Filner and asked about his plans to reintroduce the legislation.  Here is my report of that interview:

He said, "The issue is exposure.  Exposure to Agent Orange.  Not where it happened or when it happened."

This afternoon (Thursday, August 21, 2008) I spoke on the phone with Rep. Bob Filner (D-CA), Chairman of the House Committee on Veterans' Affairs.

I wanted him to clarify his Agent Orange Equity Act of 2008.  For more about the Act (with backlinks), click here...
http://www.vawatchdog.org/08
/nf08/nfAUG08/nf081108-7.htm

As introduced, Filner's original Act would do away with the VA's rule of "boots on the ground" in Vietnam to receive presumptive status for exposure to Agent Orange, and include the "Blue Water Navy" and a few others.  But, it would leave out those exposed to Agent Orange outside Vietnam.  For more on the "Blue Water Navy" ruling and Court case, click here...
http://www.yourvabenefits.org/
sessearch.php?q=haas&op=and

Now, Filner has clarified his intent.

Filner plans to reintroduce the legislation and have it be absolutely inclusive.

As mentioned above, Filner said, "The issue is exposure."

Filner says his New Agent Orange Equity Act will be sure to include specifics such as:  Exposure to Agent Orange in Laos, Cambodia and Thailand (known as the three "nearby" countries), and will also include Guam and the United States of America.

Filner told me, "All veterans exposed to Agent Orange, anywhere, at any time, should be compensated."  "And that includes non-combat veterans," Filner added.

This is exceedingly good news for all veterans exposed to Agent Orange.

Filner plans to reintroduce the Act in January, 2009 at the start of the 111th Congress.  He said it couldn't get through the process this year because of the few number of weeks left on the legislative calendar.

It is a priority?  Filner:  "Yes."

Now, we have the Agent Orange Equity Act of 2009 ... and it doesn't keep the promise Filner made.

The new bill is H.R. 2254 in the 111th Congress.

It would include "Blue Water Navy" veterans ... and others, including those who received the Vietnam Service Medal (VSM), which could include those who served in support of the war in Laos, Cambodia and Thailand.

But, Filner's promise of "All veterans exposed to Agent Orange, anywhere, at any time, should be compensated.  And that includes non-combat veterans," has NOT been kept.

Filner has sneaked this legislation into the House with NO fanfare.  He has not issued a press release on this bill ... and he issues a press release on everything ... because he is, and should be, ashamed of the Agent Orange Equity Act of 2009.

Another broken promise.

"The issue is exposure?"  Really, Rep. Filner?

Bob Filner is playing games ... and veterans' lives are at risk.

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Filner's new legislation is posted below:

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Agent Orange Equity Act of 2009 (Introduced in House)

HR 2254 IH

111th CONGRESS

1st Session

H. R. 2254

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.

IN THE HOUSE OF REPRESENTATIVES

May 5, 2009

Mr. FILNER (for himself, Ms. CORRINE BROWN of Florida, Mr. KAGEN, Mr. LATHAM, Mr. ROE of Tennessee, Ms. BORDALLO, Mr. HALL of New York, Mr. KENNEDY, Mr. REYES, Mr. PASTOR of Arizona, Mr. ORTIZ, Ms. LORETTA SANCHEZ of California, Mr. MICHAUD, Mr. TIM MURPHY of Pennsylvania, and Mr. PLATTS) introduced the following bill; which was referred to the Committee on Veterans' Affairs

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.

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KEYWORDS: VA Watchdog dot Org, Larry Scott, veterans' benefits, VA, Department of Veterans' Affairs, Agent Orange, Bob Filner, Agent Orange Equity Act of 2009