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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.
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