I 

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. GARCI ́A

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Victims of Agent Or3 ange Relief Act of 2024’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) From 1961 to 1971, approximately 

8 19,000,000 gallons of 15 different herbicides were 

9 sprayed over the southern region of Vietnam by the 

10 United States military. 

11 (2) The herbicides included 13,000,000 gallons 

12 of Agent Orange, 4,500,000 gallons of Agent White, 

13 1,000,000 gallons of Agent Blue, 420,000 gallons of 

14 Agent Purple, and relatively smaller quantities of 

15 the other herbicides. Many of the herbicides, includ16 ing Agents Orange, Purple, Green, Pink, Dinoxol, 

17 and Trinoxol, contained the toxic contaminant dioxin 

18 (TCDD). Agent Blue contained high levels of ar19 senic. The 15 herbicides, including the contaminant 

20 dioxin, are usually collectively referred to as Agent 

21 Orange. 

22 (3) Between 1968 and 1971, a total of 6,500 

23 spraying missions were carried out in an area of 

24 about 1,500,000 hectares, which represented about 

25 12 percent of South Vietnam and portions of Laos 

26 and Cambodia. 


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1 (4) Studies have found that between 2,100,000 

2 and 4,800,000 Vietnamese, Lao, and Cambodian 

3 people and tens of thousands of Americans were ex4 posed to Agent Orange during the spraying oper5 ations. Many other Vietnamese people were or con6 tinue to be exposed to Agent Orange through con7 tact with the environment and food that was con8 taminated. Many offspring of those who were ex9 posed have birth defects, developmental disabilities, 

10 and other diseases. 

11 (5) Today, there are still dozens of herbicide 

12 hotspots that continue to contaminate the food, soil, 

13 sediment, livestock, and wildlife with Agent Orange. 

14 Concentrations of TCDD as high as 1,000 mg/kg 

15 have been found in soil and sediment samples more 

16 than 50 years after Agent Orange was sprayed in 

17 Vietnam. 

18 (6) Since 2007, the United States has provided 

19 assistance to Vietnam in remediating Agent Orange 

20 contamination at the largest of these hotspots, which 

21 are the airbases that handled the spray missions. 

22 The contamination at the Da Nang Airport has been 

23 fully cleaned up, and the United States has com24 mitted funds to contribute to cleaning up the Bien 

25 Hoa Airbase, which has the most wide-spread herbiVerDate Sep 11 2014 06:43 Oct 24, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9977.IH H9977

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1 cide contamination in Vietnam. There are at least 

2 two dozen other smaller hotspots scattered through3 out southern and central Vietnam that also must be 

4 remediated, since they continue to expose local popu5 lations to dioxin and arsenic. 

6 (7) Agent Orange exposure continues to nega7 tively affect the lives of veterans of the United 

8 States Armed Forces, Vietnamese people, Viet9 namese Americans, and their children. The lives of 

10 many victims are cut short, and others live with dis11 ease, disabilities, and pain, which are often un12 treated or unrecognized. 

13 (8) The Department of Veterans Affairs recog14 nizes 19 illnesses and diseases, including AL amyloi15 dosis, bladder cancer, chronic B- cell leukemia, 

16 chloracne, diabetes mellitus type 2, high blood pres17 sure (hypertension), Hodgkin’s disease, 

18 hypothyroidism, ischemic heart disease, monoclonal 

19 gammopathy of undetermined significance (MGUS), 

20 multiple myeloma, non-Hodgkin’s Lymphoma, Par21 kinson’s disease, Parkinsonism, acute and sub-acute 

22 peripheral neuropathy, porphyria cutanea tarda, 

23 prostate cancer, respiratory cancers, and soft-tissue 

24 sarcomas associated with the spraying and use of 


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1 Agent Orange by the United States Armed Forces 

2 during the Vietnam era. 

3 (9) No similar recognition has been given to af4 fected Vietnamese or Vietnamese Americans. 

5 (10) The Department of Veterans Affairs pro6 vides compensation for many severe birth defects 

7 among the children of United States women veterans 

8 who served in Vietnam. The list of birth defects cov9 ered includes achondroplasia, cleft lip, cleft palate, 

10 congenital heart disease, congenital talipes 

11 equinovarus (clubfoot), esophageal and intestinal 

12 atresia, Hallerman-Streiff syndrome, hip dysplasia, 

13 Hirschsprung’s disease (congenital megacolon), hy14 drocephalus due to aqueductal stenosis, hypospadias, 

15 imperforate anus, neural tube defects, Poland syn16 drome, pyloric stenosis, syndactyly (fused digits), 

17 tracheoesophageal fistula, undescended testes, and 

18 Williams syndrome. Affected children of these 

19 women veterans receive medical care and other bene20 fits. However, the care and compensation provided 

21 by the Department of Veterans Affairs to the cov22 ered children of United States veterans is insuffi23 cient to meet their needs related to Agent Orange. 

24 (11) The only birth defect recognized for the 

25 children of male American veterans is spina bifida 


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1 (but not occulta). However, many children of male 

2 Vietnam war veterans have the same range of birth 

3 defects and diseases as seen in the children of fe4 male Vietnam war veterans. This discrepancy results 

5 in most Agent Orange affected children of United 

6 States veterans receiving no care or benefits. 

7 (12) No assistance has been given to the chil8 dren of male or female Vietnamese or Vietnamese 

9 Americans connected with their exposure, or their 

10 parents’ or grandparents’ exposure. 

11 (13) The Institute of Medicine for the past sev12 eral years has noted that ‘‘it is considerably more 

13 plausible than previously believed that exposure to 

14 the herbicides sprayed in Vietnam might have 

15 caused paternally mediated transgenerational effects 

16 attributable to the TCCD contaminant in Agent Or17 ange’’. In recent years, scientific studies have identi18 fied likely epigenetic links between exposure to tox19 ins and birth defects and developmental disorders in 

20 subsequent generations. Some of the children and 

21 grandchildren of exposed persons (Americans, Viet22 namese, and Vietnamese Americans) who were in 

23 southern Vietnam during the Vietnam war era likely 

24 suffer from disorders, birth defects, and illnesses re25 lated to Agent Orange. 


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1 (14) The assistance that the United States has 

2 provided for environmental remediation of contami3 nation at the Da Nang and Bien Hoa airports has, 

4 in recent years, included funds for public health and 

5 disabilities activities for individuals residing in some 

6 affected areas. 

7 (15) Laos and Cambodia were also sprayed 

8 with Agent Orange during the Vietnam war era. At 

9 least 527,000 gallons of Agent Orange were sprayed 

10 in Laos and significant amounts were also sprayed 

11 in Cambodia. Affected Lao and Cambodian people 

12 over several generations suffer from medical condi13 tions, birth defects, and disabilities similar to those 

14 seen in Vietnam and the United States. The United 

15 States has the responsibility to take action to miti16 gate and provide compensation for those effects. 

17 Further action will be needed to ascertain and effec18 tively address this legacy of the Vietnam war. 

19 (b) PURPOSE.—It is the purpose of this Act to ad20 dress and remediate the ongoing damage that arose or will 

21 continue to arise from the use of Agent Orange during 

22 the Vietnam war. 


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1 SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY 

2 HEALTH ISSUES RELATED TO EXPOSURE TO 

3 AGENT ORANGE. 

4 (a) FOR COVERED INDIVIDUALS.—The Adminis5 trator of the United States Agency for International De6 velopment, in coordination with the heads of other appro7 priate Federal agencies and nongovernmental organiza8 tions, shall provide assistance to address the health care 

9 needs of covered individuals. Such assistance may include 

10 the provision of medical and chronic care services, nursing 

11 services, vocational employment training, and medical 

12 equipment. 

13 (b) FOR CAREGIVERS.—The Administrator of the 

14 United States Agency for International Development, in 

15 coordination with the heads of other appropriate Federal 

16 agencies and nongovernmental organizations, shall provide 

17 assistance to institutions in Vietnam that provide health 

18 care for covered individuals. Such assistance may in19 clude— 

20 (1) medicines and medical equipment; 

21 (2) custodial care, home care, respite care, and 

22 daycare programs; 

23 (3) training programs for caregivers; 

24 (4) medical and physical rehabilitation, and 

25 counseling services and equipment for illnesses and 


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1 deformities associated with exposure to Agent Or2 ange; and 

3 (5) reconstructive surgical programs. 

4 (c) FOR HOUSING AND POVERTY REDUCTION.—The 

5 Administrator of the United States Agency for Inter6 national Development, in coordination with the heads of 

7 other appropriate Federal agencies and nongovernmental 

8 organizations shall provide— 

9 (1) assistance to institutions in Vietnam that 

10 repair and rebuild substandard homes in Vietnam 

11 for covered individuals and the families of covered 

12 individuals; and 

13 (2) micro grants and loans to facilitate subsist14 ence payments and poverty reduction for covered in15 dividuals and families of covered individuals. 

16 (d) FOR ENVIRONMENTAL REMEDIATION.— 

17 (1) IN GENERAL.—, The Administrator of the 

18 United States Agency for International Develop19 ment, in coordination with the heads of other appro20 priate Federal agencies and nongovernmental orga21 nizations shall provide assistance to remediate those 

22 geographic areas of Vietnam that the Secretary de23 termines contain high levels of Agent Orange. 

24 (2) PRIORITY.—In providing assistance under 

25 this subsection, the Administrator shall give priority 


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1 to heavily sprayed areas, including areas that served 

2 as military bases where Agent Orange was handled, 

3 and areas where heavy spraying, spills, or air crash4 es resulted in harmful deposits of Agent Orange. 

5 (e) ADMINISTRATIVE AUTHORITIES.—The Adminis6 trator shall— 

7 (1) provide assistance under this section (other 

8 than assistance under subsection (d)) through ap9 propriate Vietnamese community and nongovern10 mental organizations and Vietnamese public agen11 cies; 

12 (2) provide assistance under this section to af13 fected persons in all areas of Vietnam, including 

14 rural, mountainous, and urban areas; 

15 (3) encourage strategic alliances between pri16 vate and public sector partners as a business model 

17 for achieving the goals of this section; and 

18 (4) seek out and actively encourage other bilat19 eral donors as well as United States and foreign 

20 business enterprises in Vietnam to support the goals 

21 of this section through development assistance and 

22 corporate philanthropy programs. 

23 (f) COVERED INDIVIDUAL DEFINED.—In this sec24 tion, the term ‘‘covered individual’’ means an individual 

25 who— 


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1 (1) is a resident of Vietnam; and 

2 (2)(A) is affected by health issues related to ex3 posure to Agent Orange which took place during the 

4 period beginning on January 1, 1961, and ending on 

5 May 7, 1975, or who lives or has lived in or near 

6 those geographic areas in Vietnam that continue to 

7 contain high levels of Agent Orange as described in 

8 subsection (d); or 

9 (B) is the child or descendant of an individual 

10 described in subparagraph (A), and is affected by 

11 health issues described in subparagraph (A). 

12 SEC. 4. PUBLIC RESEARCH. 

13 (a) SUPPORT FOR RESEARCH.—The Secretary of 

14 Veterans Affairs, in coordination with the heads of other 

15 appropriate Federal agencies and nongovernmental orga16 nizations, shall identify and provide assistance to support 

17 research relating to health issues of individuals affected 

18 by Agent Orange. Such research should include rec19 ommended focus provided by the United States Institute 

20 of Medicine as identified in their biennial Veterans and 

21 Agent Orange Update and supported by the active involve22 ment of schools of public health and medicine located in 

23 the United States, Vietnam, and other interested coun24 tries. 


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1 (b) SURVEY.—The Secretary of Veterans Affairs 

2 shall conduct a survey of children of veterans who were 

3 exposed to Agent Orange and have received health care 

4 under subchapter II of chapter 18 of title 38, United 

5 States Code. The survey shall be designed to determine 

6 the extent to which such children are receiving adequate 

7 treatment for their medical conditions and disabilities. 

8 The Secretary shall make recommendations based on the 

9 survey as to any actions necessary to remedy any defi10 ciencies identified pursuant to the survey. 

11 SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES 

12 HEALTH ASSESSMENT AND ASSISTANCE FOR 

13 VIETNAMESE AMERICANS. 

14 (a) HEALTH ASSESSMENT.—The Secretary of Health 

15 and Human Services shall make grants to appropriate 

16 public health organizations and Vietnamese American or17 ganizations for the purpose of conducting a broad health 

18 assessment of Vietnamese Americans who may have been 

19 exposed to Agent Orange and their children or descend20 ants to determine the effects to their health of such expo21 sure. 

22 (b) ASSISTANCE.—The Secretary of Health and 

23 Human Services shall establish centers in locations in the 

24 United States where large populations of Vietnamese 

25 Americans reside for the purpose of providing assessment, 


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1 counseling, and treatment for conditions related to expo2 sure to Agent Orange. The Secretary may carry out this 

3 subsection through appropriate community and non4 governmental organizations or other suitable organiza5 tions, as determined by the Secretary. 

6 SEC. 6. PROVISION OF BENEFITS FOR CHILDREN OF MALE 

7 VETERANS WHO SERVED IN VIETNAM WHO 

8 ARE AFFECTED BY CERTAIN BIRTH DEFECTS. 

9 (a) IN GENERAL.—Subchapter II of chapter 18 of 

10 title 38, United States Code, is amended— 

11 (1) by striking ‘‘woman Vietnam veteran’’ each 

12 place it appears and inserting ‘‘Vietnam veteran’’; 

13 (2) by striking ‘‘women Vietnam veterans’’ each 

14 place it appears and inserting ‘‘Vietnam veterans’’; 

15 and 

16 (3) in the heading of such subchapter, by strik17 ing ‘‘Woman’’. 

18 (b) ACCESS TO RECORDS FOR RESEARCH PUR19 POSES.—Section 1813 of title 38, United States Code, is 

20 amended— 

21 (1) by resesignating subsection (c) as sub22 section (d); and 

23 (2) by inserting after subsection (b) the fol24 lowing: 


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1 ‘‘(c) ACCESS TO RECORDS FOR RESEARCH PUR2 POSES.—(1) The Secretary shall require any health care 

3 provider with whom the Secretary enters into a contract 

4 under this subsection to provide access to the medical 

5 records of individuals who receive health care under this 

6 section to the Department of Veterans Affairs for the pur7 pose of conducting research or providing support for re8 search into the intergenerational effects of Agent Orange 

9 exposure. 

10 ‘‘(2) In this subsection, the term ‘Agent Orange’ in11 cludes any chemical compound which became part, either 

12 by design or through impurities, of an herbicide agent 

13 used in support of the United States and allied military 

14 operations in the Republic of Vietnam.’’. 

15 (c) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by striking 

17 the item relating to subchapter II and inserting the fol18 lowing new item: 

‘‘SUBCHAPTER II—CHILDREN OF VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the date that is 30 days 

21 after the date of enactment of this Act. 

22 SEC. 7. DEADLINE FOR IMPLEMENTATION. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Administrator of the United States Agency 


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1 for International Development, the Secretary of Health 

2 and Human Services, and the Secretary of Veterans Af3 fairs shall each complete a plan for the implementation 

4 of the provisions of this Act, and the amendments made 

5 by this Act, that are applicable to such Secretary and shall 

6 issue a request for proposals, if applicable. The Adminis7 trator of the United States Agency for International De8 velopment, the Secretary of Health and Human Services, 

9 and the Secretary of Veterans Affairs shall each imple10 ment the applicable provisions of this Act by not later than 

11 18 months after the date of enactment of this Act. 

12 SEC. 8. QUARTERLY REPORTS. 

13 Not later than 30 days after the last day of each fis14 cal quarter beginning on or after 18 months after the date 

15 of enactment of this Act, the Administrator of the United 

16 States Agency for International Development, the Sec17 retary of Health and Human Services, and the Secretary 

18 of Veterans Affairs shall each submit to Congress a report 

19 on the implementation of the provisions of this Act appli20 cable to such Secretary during the immediately preceding 

21 fiscal quarter. 

22 SEC. 9. DEFINITION. 

23 For purposes of this Act, the term ‘‘Agent Orange’’ 

24 includes any chemical compound which became part, ei25 ther by design or through impurities, of an herbicide agent 


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1 used in support of the United States and allied military 

2 operations in the Republic of Vietnam. 

Æ 


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