I 

116TH CONGRESS 

1ST SESSION H. R. 326 

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 

JANUARY 8, 2019 

Ms. LEE of California (for herself, Mr. LANGEVIN, Mrs. DINGELL, Mr. SOTO, 

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 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 2019’’. 


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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 Agent Blue contained high levels of arsenic. The 

15 aforementioned 15 herbicides, including the contami16 nant dioxin, are usually collectively referred to as 

17 Agent Orange. 

18 (2) Between 1968 and 1971, a total of 6,500 

19 spraying missions were carried out in an area of 

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

21 10 percent of South Vietnam. 

22 (3) Studies show that between 2,100,000 and 

23 4,800,000 Vietnamese and tens of thousands of 

24 Americans were exposed to Agent Orange during the 

25 spraying. Many other Vietnamese were or continue 

26 to be exposed to Agent Orange through contact with 


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1 the environment and food that was contaminated or 

2 as offspring of those exposed who now suffer from 

3 illnesses and disabilities. 

4 (4) Today, there are still dozens of environ5 mental hot spots that continue to contaminate the 

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

7 Agent Orange. In fact, concentrations of TCDD as 

8 high as 1,000 mg/kg were found in soil and sedi9 ment samples more than 30 years after Agent Or10 ange was sprayed in Vietnam. 

11 (5) Agent Orange exposure continues to nega12 tively affect the lives of veterans of the United 

13 States Armed Forces, Vietnamese people, Viet14 namese-Americans, and their children. The lives of 

15 many victims are cut short and others live with dis16 ease, disabilities, and pain, often untreated or unrec17 ognized. 

18 (6) The Department of Veterans Affairs recog19 nizes certain illnesses and diseases, including AL 

20 amyloidosis, chronic B-cell leukemia, chloracne, dia21 betes mellitus type 2, Hodgkin’s disease, ischemic 

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

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

24 peripheral neuropathy, porphyria cutanea tarda, 

25 prostate cancer, respiratory cancers, and soft-tissue 


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1 sarcomas as associated with the spraying and use of 

2 Agent Orange by the United States Armed Forces 

3 during the Vietnam era. 

4 (7) No similar consideration has been given to 

5 affected Vietnamese or Vietnamese-Americans. 

6 (8) The Department of Veterans Affairs pro7 vides compensation for many severe birth defects 

8 among the children of American women veterans 

9 who served in Vietnam. The list of birth defects cov10 ered includes but is not limited to: Achondroplasia, 

11 cleft lip, cleft palate, congenital heart disease, con12 genital talipes equinovarus (clubfoot), esophageal 

13 and intestinal atresia, Hallerman-Streiff syndrome, 

14 hip dysplasia, Hirschsprung’s disease (congenital 

15 megacolon), hydrocephalus due to aqueductal ste16 nosis, hypospadias, imperforate anus, neural tube 

17 defects, Poland syndrome, pyloric stenosis, 

18 syndactyly (fused digits), tracheoesophageal fistula, 

19 undescended testes, and Williams syndrome. Af20 fected children of these women veterans receive med21 ical care and other benefits. 

22 (9) The only birth defect recognized for the 

23 children of male American veterans is spina bifida 

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

25 receiving no benefits. 


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1 (10) No assistance has been given to the chil2 dren of male or female Vietnamese or Vietnamese3 Americans connected with their exposure, or their 

4 parent’s or grandparent’s exposure. 

5 (11) The Institute of Medicine for the past sev6 eral years has noted that ‘‘it is considerably more 

7 plausible than previously believed that exposure to 

8 the herbicides sprayed in Vietnam might have 

9 caused paternally mediated transgenerational effects 

10 . . . attributable to the TCCD contaminant in 

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

12 have identified likely epigenetic links between expo13 sure to toxins and birth defects and developmental 

14 disorders in subsequent generations. Some of the 

15 children and grandchildren of exposed persons 

16 (Americans, Vietnamese, and Vietnamese-Ameri17 cans) who were in southern Vietnam during the 

18 Vietnam era likely suffer from disorders, birth de19 fects, and illnesses related to Agent Orange. 

20 (12) Dating back to 2007, the United States 

21 has engaged in environmental remediation of con22 tamination at the Da Nang and Bien Hoa airports, 

23 and provided funds for public health and disabilities 

24 activities for individuals residing in some affected 

25 areas. 


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1 (13) April 30, 2019, is the 44th anniversary of 

2 the end of the Vietnam War. 

3 (b) PURPOSE.—It is the purpose of this Act to ad4 dress and remediate the ongoing problems and concerns 

5 that arose or will arise from the use of Agent Orange dur6 ing the Vietnam era. 

7 SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY 

8 HEALTH ISSUES RELATED TO EXPOSURE TO 

9 AGENT ORANGE. 

10 (a) FOR COVERED INDIVIDUALS.—The Secretary of 

11 State shall provide assistance to address the health care 

12 needs of covered individuals. Such assistance shall include 

13 the provision of medical and chronic care services, nursing 

14 services, vocational employment training, and medical 

15 equipment. 

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

17 provide assistance to institutions in Vietnam that provide 

18 health care for covered individuals. Such assistance shall 

19 include— 

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, physical rehabilitation, and coun25 seling services and equipment for illnesses and deVerDate Sep 11 2014 21:58 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H326.IH H326

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1 formities associated with exposure to Agent Orange; 

2 and 

3 (5) reconstructive surgical programs. 

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

5 Secretary of State shall provide assistance to repair and 

6 rebuild substandard homes in Vietnam for covered individ7 uals and the families of covered individuals. The Secretary 

8 of State shall provide micro grants and loans to facilitate 

9 subsistence payments and poverty reduction for covered 

10 individuals and families of covered individuals. 

11 (d) FOR ENVIRONMENTAL REMEDIATION.— 

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

13 provide assistance to remediate those geographic 

14 areas of Vietnam that the Secretary determines con15 tain high levels of Agent Orange. 

16 (2) PRIORITY.—In providing assistance under 

17 this subsection, the Secretary of State shall give pri18 ority to heavily sprayed areas, particularly areas 

19 that served as military bases where Agent Orange 

20 was handled, and areas where heavy spraying and 

21 air crashes resulted in harmful deposits of Agent Or22 ange. 

23 (e) ADMINISTRATIVE AUTHORITIES.—The Secretary 

24 of State shall— 


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1 (1) provide assistance under this section (other 

2 than assistance under subsection (d)) through ap3 propriate Vietnamese community and nongovern4 mental organizations and, where necessary, public 

5 agencies; 

6 (2) provide assistance under this section to af7 fected persons in all areas of Vietnam, including 

8 rural, mountainous, and urban areas; 

9 (3) encourage strategic alliances between pri10 vate and public sector partners as a business model 

11 for achieving the goals of this section; and 

12 (4) seek out and actively encourage other bilat13 eral donors as well as United States and foreign 

14 business enterprises in Vietnam to support the goals 

15 of this section through development assistance and 

16 corporate philanthropy programs. 

17 (f) COVERED INDIVIDUAL DEFINED.—In this sec18 tion, the term ‘‘covered individual’’ means an individual 

19 who— 

20 (1) is a resident of Vietnam; and 

21 (2)(A) is affected by health issues related to ex22 posure to Agent Orange which took place during the 

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

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

25 those geographic areas in Vietnam that continue to 


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1 contain high levels of Agent Orange as described in 

2 subsection (d); or 

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

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

5 health issues described in subparagraph (A). 

6 SEC. 4. PUBLIC RESEARCH. 

7 The Secretary of State and the Secretary of Veterans 

8 Affairs shall identify and provide assistance to support re9 search relating to health issues of individuals affected by 

10 Agent Orange. Such research should include recommended 

11 focus provided by the United States Institute of Medicine 

12 as identified in their biennial Veterans and Agent Orange 

13 Update, and supported by the active involvement of 

14 schools of public health and medicine located in the United 

15 States, Vietnam, and other interested countries. 

16 SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES 

17 HEALTH ASSESSMENT AND ASSISTANCE FOR 

18 VIETNAMESE-AMERICANS. 

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

20 and Human Services shall make grants to appropriate 

21 public health organizations and Vietnamese-American or22 ganizations for the purpose of conducting a broad health 

23 assessment of Vietnamese-Americans who may have been 

24 exposed to Agent Orange and their children or descendVerDate Sep 11 2014 21:58 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H326.IH H326

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1 ants to determine the effects to their health of such expo2 sure. 

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

4 Human Services shall establish centers in locations in the 

5 United States where large populations of Vietnamese6 Americans reside for the purpose of providing assessment, 

7 counseling, and treatment for conditions related to expo8 sure to Agent Orange. The Secretary may carry out this 

9 subsection through appropriate community and non10 governmental organizations or other suitable organiza11 tions, as determined by the Secretary. 

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

13 VETERANS WHO SERVED IN VIETNAM WHO 

14 ARE AFFECTED BY CERTAIN BIRTH DEFECTS. 

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

16 title 38, United States Code, is amended— 

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

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

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

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

21 and 

22 (3) in the heading of such subchapter, by strik23 ing ‘‘WOMEN’’. 

24 (b) ACCESS TO RECORDS FOR RESEARCH PUR25 POSES.—Section 1813(b) of such title is amended— 


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

2 ‘‘(1) The Secretary’’; and 

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

4 paragraph: 

5 ‘‘(2) The Secretary shall require any health care pro6 vider with whom the Secretary enters into a contract 

7 under this subsection to provide access to the medical 

8 records of individuals who receive health care under this 

9 section to the Department of Veterans Affairs for the pur10 pose of conducting research or providing support for re11 search into the intergenerational effects of Agent Orange 

12 exposure.’’. 

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

14 at the beginning of such chapter is amended by striking 

15 the item relating to subchapter II and inserting the fol16 lowing new item: 

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

BIRTH DEFECTS’’. 

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

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

19 after the date of the enactment of this Act. 

20 SEC. 7. DEADLINE FOR IMPLEMENTATION. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Secretary of State, the Secretary 

23 of Health and Human Services, and the Secretary of Vet24 erans Affairs shall each complete a plan for the implemenVerDate Sep 11 2014 21:58 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H326.IH H326

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1 tation of the provisions of this Act, and the amendments 

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

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

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

5 and the Secretary of Veterans Affairs shall each imple6 ment the provisions of this Act applicable to such Sec7 retary by not later than 18 months after the date of the 

8 enactment of this Act. 

9 SEC. 8. QUARTERLY REPORTS. 

10 Not later than 30 days after the last day of each fis11 cal quarter beginning on or after 18 months after the date 

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

13 Secretary of Health and Human Services, and the Sec14 retary of Veterans Affairs shall each submit to Congress 

15 a report on the implementation of the provisions of this 

16 Act applicable to such Secretary during the immediately 

17 preceding fiscal quarter. 

18 SEC. 9. DEFINITION. 

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

20 includes any chemical compound which became part, ei21 ther by design or through impurities, of an herbicide agent 

22 used in support of the United States and allied military 

23 operations in the Republic of Vietnam. 

Æ 


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