I 

113TH CONGRESS 

1ST SESSION H. R. 2519 

To direct the Secretary of State, 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 

JUNE 26, 2013 

Ms. LEE of California (for herself, Mr. FALEOMAVAEGA, Mr. COHEN, Mr. 

CONYERS, Mr. GRIJALVA, Mr. HONDA, Mr. MCGOVERN, and Ms. PINGREE of Maine) introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs, and in addition to the Committees on 

Energy and Commerce and Foreign Affairs, 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 Secretary of State, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Victims of Agent Or5 ange Relief Act of 2013’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) From 1961 to 1971, approximately 

5 19,000,000 gallons of 15 different herbicides were 

6 sprayed over the southern region of Vietnam. The 

7 agents included 13,000,000 gallons of Agent Or8 ange, 4,500,000 gallons of Agent White, 1,000,000 

9 gallons of Agent Blue, 420,000 gallons of Agent 

10 Purple, and relatively smaller quantities of the other 

11 herbicides. Many of the herbicides, including Agents 

12 Orange, Purple, Green, Pink, Dinoxol, and Trinoxol 

13 contained the toxic contaminant dioxin (TCDD). 

14 One, Agent Blue, contained high levels of arsenic. 

15 The aforementioned 15 herbicides, including the con16 taminant dioxin, are usually collectively referred to 

17 as Agent Orange. 

18 (2) Studies show that between 2,100,000 and 

19 4,800,000 Vietnamese and tens of thousands of 

20 Americans were exposed to Agent Orange during the 

21 spraying. Many other Vietnamese were or continue 

22 to be exposed to Agent Orange through contact with 

23 the environment and food that was contaminated or 

24 as offspring of those exposed who now suffer from 

25 illnesses and disabilities. 


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1 (3) Today, there are still dozens of environ2 mental hot spots that continue to contaminate the 

3 food, soil, sediment, livestock, and wildlife with 

4 Agent Orange. 

5 (4) Agent Orange exposure continues to nega6 tively affect the lives of men and women in Vietnam 

7 and in the United States. The lives of many victims, 

8 including Vietnamese, United States veterans and 

9 their offspring, and Vietnamese-Americans, are cut 

10 short and others live with disease, disabilities, and 

11 pain, often untreated or unrecognized. 

12 (5) The Department of Veterans Affairs recog13 nizes certain illnesses and diseases, including AL 

14 amyloidosis, chronic B-cell leukemia, chloracne, dia15 betes mellitus type 2, Hodgkin’s disease, ischemic 

16 heart disease, multiple myeloma, non-Hodgkin’s 

17 lymphoma, Parkinson’s disease, acute and sub-acute 

18 peripheral neuropathy, porphyria cutanea tarda, 

19 prostate cancer, respiratory cancers, and soft-tissue 

20 sarcomas as associated with the spraying and use of 

21 Agent Orange by the United States Armed Forces 

22 during the Vietnam era. 

23 (6) No similar consideration has been given to 

24 affected Vietnamese or Vietnamese-Americans. 


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1 (7) The Department of Veterans Affairs pro2 vides compensation for many severe birth defects 

3 among the children of American women veterans 

4 who served in Vietnam. The list of birth defects cov5 ered includes but is not limited to: achondroplasia, 

6 cleft lip, cleft palate, congenital heart disease, con7 genital talipes equinovarus (clubfoot), esophageal 

8 and intestinal atresia, Hallerman-Streiff syndrome, 

9 hip dysplasia, Hirschsprung’s disease (congenital 

10 megacolon), hydrocephalus due to aqueductal ste11 nosis, hypospadias, imperforate anus, neural tube 

12 defects, Poland syndrome, pyloric stenosis, 

13 syndactyly (fused digits), tracheoesophageal fistula, 

14 undescended testes, and Williams syndrome. Af15 fected children of these women veterans receive med16 ical care and other benefits. 

17 (8) The only birth defect recognized for the 

18 children of male American veterans is spina bifida 

19 (but not occulta), resulting in most affected children 

20 receiving no benefits. 

21 (9) No assistance has been given to the children 

22 of male or female Vietnamese or Vietnamese-Ameri23 cans connected with their exposure, or their parent’s 

24 or grandparent’s exposure. 


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1 (10) The Institute of Medicine for the past sev2 eral years has noted that ‘‘it is considerably more 

3 plausible than previously believed that exposure to 

4 the herbicides sprayed in Vietnam might have 

5 caused paternally mediated transgenerational effects 

6 . . . attributable to the TCCD contaminant in 

7 Agent Orange.’’ In recent years, scientific studies 

8 have identified likely epigenetic links between expo9 sure to toxins and birth defects and developmental 

10 disorders in subsequent generations. Some of the 

11 children and grandchildren of exposed persons 

12 (Americans, Vietnamese, and Vietnamese-Ameri13 cans) who were in southern Vietnam during the 

14 Vietnam era likely suffer from disorders, birth de15 fects, and illnesses related to Agent Orange. 

16 (11) Dating back to 2007, the United States 

17 has engaged in environmental remediation of con18 tamination at the Da Nang and Bien Hoa airports, 

19 and provided funds for public health and disabilities 

20 activities for individuals residing in some affected 

21 areas. 

22 (b) PURPOSE.—It is the purpose of this Act to ad23 dress and remediate the ongoing problems and concerns 

24 that arose or will arise from the use of the Agent Orange 

25 during the Vietnam era. 


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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 Secretary of 

5 State shall provide assistance to address the health care 

6 needs of covered individuals. Such assistance shall include 

7 the provision of medical and chronic care services, nursing 

8 services, vocational employment training, and medical 

9 equipment. 

10 (b) FOR CAREGIVERS.—The Secretary of State shall 

11 provide assistance to institutions in Vietnam that provide 

12 health care for covered individuals. Such assistance shall 

13 include— 

14 (1) medicines and medical equipment; 

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

16 daycare programs; 

17 (3) training programs for caregivers; 

18 (4) medical, physical rehabilitation, and coun19 seling services and equipment for illnesses and de20 formities associated with exposure to Agent Orange; 

21 and 

22 (5) reconstructive surgical programs. 

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

24 Secretary of State shall provide assistance to repair and 

25 rebuild substandard homes in Vietnam for covered individ26 uals and the families of covered individuals. The Secretary 


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1 of State shall provide micro grants and loans to facilitate 

2 subsistence payments and poverty reduction for covered 

3 individuals and families of covered individuals. 

4 (d) FOR ENVIRONMENTAL REMEDIATION.— 

5 (1) IN GENERAL.—The Secretary of State shall 

6 provide assistance to remediate those geographic 

7 areas of Vietnam that the Secretary determines con8 tain high levels of Agent Orange. 

9 (2) PRIORITY.—In providing assistance under 

10 this subsection, the Secretary of State shall give pri11 ority to heavily sprayed areas, particularly areas 

12 that served as military bases where Agent Orange 

13 was handled, and areas where heavy spraying and 

14 air crashes resulted in harmful deposits of Agent Or15 ange. 

16 (e) ADMINISTRATIVE AUTHORITIES.—The Secretary 

17 of State shall— 

18 (1) provide assistance under this section (other 

19 than assistance under subsection (d)) through ap20 propriate Vietnamese community and nongovern21 mental organizations and, where necessary, public 

22 agencies; 

23 (2) provide assistance under this section to af24 fected persons in all areas of Vietnam, including 

25 rural, mountainous, and urban areas; 


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1 (3) encourage strategic alliances between pri2 vate and public sector partners as a business model 

3 for achieving the goals of this section; and 

4 (4) seek out and actively encourage other bilat5 eral donors as well as United States and foreign 

6 business enterprises in Vietnam to support the goals 

7 of this section through development assistance and 

8 corporate philanthropy programs. 

9 (f) COVERED INDIVIDUAL DEFINED.—In this sec10 tion, the term ‘‘covered individual’’ means in an individual 

11 who— 

12 (1) is a resident of Vietnam; and 

13 (2)(A) is affected by health issues related to ex14 posure to Agent Orange which took place during the 

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

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

17 those geographic areas in Vietnam that continue to 

18 contain high levels of Agent Orange as described in 

19 subsection (d); or 

20 (B) is affected by health issues described in 

21 subparagraph (A) as the child or descendant of an 

22 individual described in subparagraph (A). 

23 SEC. 4. PUBLIC RESEARCH. 

24 The Secretary of State and the Secretary of Veterans 

25 Affairs shall identify and provide assistance to support reVerDate Mar 15 2010 00:15 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519

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1 search relating to health issues of individuals affected by 

2 Agent Orange. Such research should include recommended 

3 focus provided by the United States Institute of Medicine 

4 as identified in their biennial Veterans and Agent Orange 

5 Update, and supported by the active involvement of 

6 schools of public health and medicine located in the United 

7 States, Vietnam, and other interested countries. 

8 SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES 

9 HEALTH ASSESSMENT AND ASSISTANCE FOR 

10 VIETNAMESE-AMERICANS. 

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

12 and Human Services shall make grants to appropriate 

13 public health organizations and Vietnamese-American or14 ganizations for the purpose of conducting a broad health 

15 assessment of Vietnamese-Americans who may have been 

16 exposed to Agent Orange and their children or descend17 ants to determine the effects to their health of such expo18 sure. 

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

20 Human Services shall establish centers in locations in the 

21 United States where large populations of Vietnamese22 Americans reside for the purpose of providing assessment, 

23 counseling, and treatment for conditions related to expo24 sure to Agent Orange. The Secretary may carry out this 

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1 governmental organizations or other suitable organiza2 tions, as determined by the Secretary. 

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

4 VETERANS WHO SERVED IN VIETNAM WHO 

5 ARE AFFECTED BY CERTAIN BIRTH DEFECTS. 

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

7 title 38, United States Code, is amended— 

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

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

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

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

12 and 

13 (3) in the heading of such subchapter, by strik14 ing ‘‘WOMEN’’. 

15 (b) ACCESS TO RECORDS FOR RESEARCH PUR16 POSES.—Section 1813(b) of such title is amended— 

17 (1) by striking ‘‘The Secretary’’ and inserting 

18 ‘‘(1) The Secretary’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) The Secretary shall require any health care pro22 vider with whom the Secretary enters into a contract 

23 under this subsection to provide access to the medical 

24 records of individuals who receive health care under this 

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1 pose of conducting research or providing support for re2 search into the intergenerational effects of Agent Orange 

3 exposure.’’. 

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

5 at the beginning of such chapter is amended by striking 

6 the item relating to subchapter II and inserting the fol7 lowing new item: 

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

BIRTH DEFECTS’’. 

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

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

10 after the date of the enactment of this Act. 

11 SEC. 7. DEADLINE FOR IMPLEMENTATION. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of State, the Secretary 

14 of Health and Human Services, and the Secretary of Vet15 erans Affairs shall each complete a plan for the implemen16 tation of the provisions of this Act, and the amendments 

17 made by this Act, applicable to such Secretary and shall 

18 issue a request for proposals, if applicable. The Secretary 

19 of State, the Secretary of Health and Human Services, 

20 and the Secretary of Veterans Affairs shall each imple21 ment the provisions of this Act applicable to such Sec22 retary by not later than 18 months after the date of the 

23 enactment of this Act. 


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1 SEC. 8. QUARTERLY REPORTS. 

2 Not later than 30 days after the last day of each fis3 cal quarter beginning on or after 18 months after the date 

4 of the enactment of this Act, the Secretary of State, the 

5 Secretary of Health and Human Services, and the Sec6 retary of Veterans Affairs shall each submit to Congress 

7 a report on the implementation of the provisions of this 

8 Act applicable to such Secretary during the immediately 

9 preceding fiscal quarter. 

10 SEC. 9. DEFINITION. 

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

12 includes any chemical compound which became part, ei13 ther by design or through impurities, of an herbicide agent 

14 used in support of the United States and allied military 

15 operations in the Republic of Vietnam. 

Æ 


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