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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9977 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9977
To direct the Administrator of the United States Agency for
International Development, the Secretary of Health and Human Services,
and the Secretary of Veterans Affairs to provide assistance for
individuals affected by exposure to Agent Orange, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2024
Ms. Lee of California (for herself, Mr. Pocan, Mr. Grijalva, Mr. Garcia
of Illinois, Mr. Cohen, Mr. Carson, Ms. Garcia of Texas, Ms. Omar, and
Mr. Thompson of California) introduced the following bill; which was
referred to the Committee on Veterans' Affairs, and in addition to the
Committees on Foreign Affairs, and Energy and Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Administrator of the United States Agency for
International Development, the Secretary of Health and Human Services,
and the Secretary of Veterans Affairs to provide assistance for
individuals affected by exposure to Agent Orange, and for other
purposes.
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 ``Victims of Agent Orange Relief Act
of 2024''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) From 1961 to 1971, approximately 19,000,000 gallons of
15 different herbicides were sprayed over the southern region
of Vietnam by the United States military.
(2) The herbicides included 13,000,000 gallons of Agent
Orange, 4,500,000 gallons of Agent White, 1,000,000 gallons of
Agent Blue, 420,000 gallons of Agent Purple, and relatively
smaller quantities of the other herbicides. Many of the
herbicides, including Agents Orange, Purple, Green, Pink,
Dinoxol, and Trinoxol, contained the toxic contaminant dioxin
(TCDD). Agent Blue contained high levels of arsenic. The 15
herbicides, including the contaminant dioxin, are usually
collectively referred to as Agent Orange.
(3) Between 1968 and 1971, a total of 6,500 spraying
missions were carried out in an area of about 1,500,000
hectares, which represented about 12 percent of South Vietnam
and portions of Laos and Cambodia.
(4) Studies have found that between 2,100,000 and 4,800,000
Vietnamese, Lao, and Cambodian people and tens of thousands of
Americans were exposed to Agent Orange during the spraying
operations. Many other Vietnamese people were or continue to be
exposed to Agent Orange through contact with the environment
and food that was contaminated. Many offspring of those who
were exposed have birth defects, developmental disabilities,
and other diseases.
(5) Today, there are still dozens of herbicide hotspots
that continue to contaminate the food, soil, sediment,
livestock, and wildlife with Agent Orange. Concentrations of
TCDD as high as 1,000 mg/kg have been found in soil and
sediment samples more than 50 years after Agent Orange was
sprayed in Vietnam.
(6) Since 2007, the United States has provided assistance
to Vietnam in remediating Agent Orange contamination at the
largest of these hotspots, which are the airbases that handled
the spray missions. The contamination at the Da Nang Airport
has been fully cleaned up, and the United States has committed
funds to contribute to cleaning up the Bien Hoa Airbase, which
has the most wide-spread herbicide contamination in Vietnam.
There are at least two dozen other smaller hotspots scattered
throughout southern and central Vietnam that also must be
remediated, since they continue to expose local populations to
dioxin and arsenic.
(7) Agent Orange exposure continues to negatively affect
the lives of veterans of the United States Armed Forces,
Vietnamese people, Vietnamese Americans, and their children.
The lives of many victims are cut short, and others live with
disease, disabilities, and pain, which are often untreated or
unrecognized.
(8) The Department of Veterans Affairs recognizes 19
illnesses and diseases, including AL amyloidosis, bladder
cancer, chronic B- cell leukemia, chloracne, diabetes mellitus
type 2, high blood pressure (hypertension), Hodgkin's disease,
hypothyroidism, ischemic heart disease, monoclonal gammopathy
of undetermined significance (MGUS), multiple myeloma, non-
Hodgkin's Lymphoma, Parkinson's disease, Parkinsonism, acute
and sub-acute peripheral neuropathy, porphyria cutanea tarda,
prostate cancer, respiratory cancers, and soft-tissue sarcomas
associated with the spraying and use of Agent Orange by the
United States Armed Forces during the Vietnam era.
(9) No similar recognition has been given to affected
Vietnamese or Vietnamese Americans.
(10) The Department of Veterans Affairs provides
compensation for many severe birth defects among the children
of United States women veterans who served in Vietnam. The list
of birth defects covered includes achondroplasia, cleft lip,
cleft palate, congenital heart disease, congenital talipes
equinovarus (clubfoot), esophageal and intestinal atresia,
Hallerman-Streiff syndrome, hip dysplasia, Hirschsprung's
disease (congenital megacolon), hydrocephalus due to aqueductal
stenosis, hypospadias, imperforate anus, neural tube defects,
Poland syndrome, pyloric stenosis, syndactyly (fused digits),
tracheoesophageal fistula, undescended testes, and Williams
syndrome. Affected children of these women veterans receive
medical care and other benefits. However, the care and
compensation provided by the Department of Veterans Affairs to
the covered children of United States veterans is insufficient
to meet their needs related to Agent Orange.
(11) The only birth defect recognized for the children of
male American veterans is spina bifida (but not occulta).
However, many children of male Vietnam war veterans have the
same range of birth defects and diseases as seen in the
children of female Vietnam war veterans. This discrepancy
results in most Agent Orange affected children of United States
veterans receiving no care or benefits.
(12) No assistance has been given to the children of male
or female Vietnamese or Vietnamese Americans connected with
their exposure, or their parents' or grandparents' exposure.
(13) The Institute of Medicine for the past several years
has noted that ``it is considerably more plausible than
previously believed that exposure to the herbicides sprayed in
Vietnam might have caused paternally mediated transgenerational
effects attributable to the TCCD contaminant in Agent Orange''.
In recent years, scientific studies have identified likely
epigenetic links between exposure to toxins and birth defects
and developmental disorders in subsequent generations. Some of
the children and grandchildren of exposed persons (Americans,
Vietnamese, and Vietnamese Americans) who were in southern
Vietnam during the Vietnam war era likely suffer from
disorders, birth defects, and illnesses related to Agent
Orange.
(14) The assistance that the United States has provided for
environmental remediation of contamination at the Da Nang and
Bien Hoa airports has, in recent years, included funds for
public health and disabilities activities for individuals
residing in some affected areas.
(15) Laos and Cambodia were also sprayed with Agent Orange
during the Vietnam war era. At least 527,000 gallons of Agent
Orange were sprayed in Laos and significant amounts were also
sprayed in Cambodia. Affected Lao and Cambodian people over
several generations suffer from medical conditions, birth
defects, and disabilities similar to those seen in Vietnam and
the United States. The United States has the responsibility to
take action to mitigate and provide compensation for those
effects. Further action will be needed to ascertain and
effectively address this legacy of the Vietnam war.
(b) Purpose.--It is the purpose of this Act to address and
remediate the ongoing damage that arose or will continue to arise from
the use of Agent Orange during the Vietnam war.
SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO
EXPOSURE TO AGENT ORANGE.
(a) For Covered Individuals.--The Administrator of the United
States Agency for International Development, in coordination with the
heads of other appropriate Federal agencies and nongovernmental
organizations, shall provide assistance to address the health care
needs of covered individuals. Such assistance may include the provision
of medical and chronic care services, nursing services, vocational
employment training, and medical equipment.
(b) For Caregivers.--The Administrator of the United States Agency
for International Development, in coordination with the heads of other
appropriate Federal agencies and nongovernmental organizations, shall
provide assistance to institutions in Vietnam that provide health care
for covered individuals. Such assistance may include--
(1) medicines and medical equipment;
(2) custodial care, home care, respite care, and daycare
programs;
(3) training programs for caregivers;
(4) medical and physical rehabilitation, and counseling
services and equipment for illnesses and deformities associated
with exposure to Agent Orange; and
(5) reconstructive surgical programs.
(c) For Housing and Poverty Reduction.--The Administrator of the
United States Agency for International Development, in coordination
with the heads of other appropriate Federal agencies and
nongovernmental organizations shall provide--
(1) assistance to institutions in Vietnam that repair and
rebuild substandard homes in Vietnam for covered individuals
and the families of covered individuals; and
(2) micro grants and loans to facilitate subsistence
payments and poverty reduction for covered individuals and
families of covered individuals.
(d) For Environmental Remediation.--
(1) In general.--, The Administrator of the United States
Agency for International Development, in coordination with the
heads of other appropriate Federal agencies and nongovernmental
organizations shall provide assistance to remediate those
geographic areas of Vietnam that the Secretary determines
contain high levels of Agent Orange.
(2) Priority.--In providing assistance under this
subsection, the Administrator shall give priority to heavily
sprayed areas, including areas that served as military bases
where Agent Orange was handled, and areas where heavy spraying,
spills, or air crashes resulted in harmful deposits of Agent
Orange.
(e) Administrative Authorities.--The Administrator shall--
(1) provide assistance under this section (other than
assistance under subsection (d)) through appropriate Vietnamese
community and nongovernmental organizations and Vietnamese
public agencies;
(2) provide assistance under this section to affected
persons in all areas of Vietnam, including rural, mountainous,
and urban areas;
(3) encourage strategic alliances between private and
public sector partners as a business model for achieving the
goals of this section; and
(4) seek out and actively encourage other bilateral donors
as well as United States and foreign business enterprises in
Vietnam to support the goals of this section through
development assistance and corporate philanthropy programs.
(f) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is a resident of Vietnam; and
(2)(A) is affected by health issues related to exposure to
Agent Orange which took place during the period beginning on
January 1, 1961, and ending on May 7, 1975, or who lives or has
lived in or near those geographic areas in Vietnam that
continue to contain high levels of Agent Orange as described in
subsection (d); or
(B) is the child or descendant of an individual described
in subparagraph (A), and is affected by health issues described
in subparagraph (A).
SEC. 4. PUBLIC RESEARCH.
(a) Support for Research.--The Secretary of Veterans Affairs, in
coordination with the heads of other appropriate Federal agencies and
nongovernmental organizations, shall identify and provide assistance to
support research relating to health issues of individuals affected by
Agent Orange. Such research should include recommended focus provided
by the United States Institute of Medicine as identified in their
biennial Veterans and Agent Orange Update and supported by the active
involvement of schools of public health and medicine located in the
United States, Vietnam, and other interested countries.
(b) Survey.--The Secretary of Veterans Affairs shall conduct a
survey of children of veterans who were exposed to Agent Orange and
have received health care under subchapter II of chapter 18 of title
38, United States Code. The survey shall be designed to determine the
extent to which such children are receiving adequate treatment for
their medical conditions and disabilities. The Secretary shall make
recommendations based on the survey as to any actions necessary to
remedy any deficiencies identified pursuant to the survey.
SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH ASSESSMENT AND
ASSISTANCE FOR VIETNAMESE AMERICANS.
(a) Health Assessment.--The Secretary of Health and Human Services
shall make grants to appropriate public health organizations and
Vietnamese American organizations for the purpose of conducting a broad
health assessment of Vietnamese Americans who may have been exposed to
Agent Orange and their children or descendants to determine the effects
to their health of such exposure.
(b) Assistance.--The Secretary of Health and Human Services shall
establish centers in locations in the United States where large
populations of Vietnamese Americans reside for the purpose of providing
assessment, counseling, and treatment for conditions related to
exposure to Agent Orange. The Secretary may carry out this subsection
through appropriate community and nongovernmental organizations or
other suitable organizations, as determined by the Secretary.
SEC. 6. PROVISION OF BENEFITS FOR CHILDREN OF MALE VETERANS WHO SERVED
IN VIETNAM WHO ARE AFFECTED BY CERTAIN BIRTH DEFECTS.
(a) In General.--Subchapter II of chapter 18 of title 38, United
States Code, is amended--
(1) by striking ``woman Vietnam veteran'' each place it
appears and inserting ``Vietnam veteran'';
(2) by striking ``women Vietnam veterans'' each place it
appears and inserting ``Vietnam veterans''; and
(3) in the heading of such subchapter, by striking
``Woman''.
(b) Access to Records for Research Purposes.--Section 1813 of title
38, United States Code, is amended--
(1) by resesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Access to Records for Research Purposes.--(1) The Secretary
shall require any health care provider with whom the Secretary enters
into a contract under this subsection to provide access to the medical
records of individuals who receive health care under this section to
the Department of Veterans Affairs for the purpose of conducting
research or providing support for research into the intergenerational
effects of Agent Orange exposure.
``(2) In this subsection, the term `Agent Orange' includes any
chemical compound which became part, either by design or through
impurities, of an herbicide agent used in support of the United States
and allied military operations in the Republic of Vietnam.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to subchapter II
and inserting the following new item:
``subchapter ii--children of vietnam veterans born with certain birth
defects''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 30 days after the date of enactment of this
Act.
SEC. 7. DEADLINE FOR IMPLEMENTATION.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the United States Agency for International
Development, the Secretary of Health and Human Services, and the
Secretary of Veterans Affairs shall each complete a plan for the
implementation of the provisions of this Act, and the amendments made
by this Act, that are applicable to such Secretary and shall issue a
request for proposals, if applicable. The Administrator of the United
States Agency for International Development, the Secretary of Health
and Human Services, and the Secretary of Veterans Affairs shall each
implement the applicable provisions of this Act by not later than 18
months after the date of enactment of this Act.
SEC. 8. QUARTERLY REPORTS.
Not later than 30 days after the last day of each fiscal quarter
beginning on or after 18 months after the date of enactment of this
Act, the Administrator of the United States Agency for International
Development, the Secretary of Health and Human Services, and the
Secretary of Veterans Affairs shall each submit to Congress a report on
the implementation of the provisions of this Act applicable to such
Secretary during the immediately preceding fiscal quarter.
SEC. 9. DEFINITION.
For purposes of this Act, the term ``Agent Orange'' includes any
chemical compound which became part, either by design or through
impurities, of an herbicide agent used in support of the United States
and allied military operations in the Republic of Vietnam.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the Subcommittee on Health.
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