I 

109TH CONGRESS 

2D SESSION H. R. 4739 

To provide compensation to individuals who, during the Vietnam conflict, 

were employees of the Federal Government or contractor employees of 

the Department of Defense and suffered disability or death from exposure 

to Agent Orange. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2006 

Mr. WEXLER (for himself, Mr. FOLEY, and Mr. EVANS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government 

or contractor employees of the Department of Defense 

and suffered disability or death from exposure to Agent 

Orange. 

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 ‘‘Civilian Agent Orange 

5 Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) EXPOSED EMPLOYEE.—The term ‘‘exposed 

2 employee’’ means an individual who— 

3 (A) during the Vietnam conflict— 

4 (i) was a civilian employee of the Fed5 eral Government, or an employee of a con6 tractor (or subcontractor at any tier) of 

7 the Department of Defense; and 

8 (ii) while so employed, was— 

9 (I) physically present in the Re10 public of Vietnam during the period 

11 beginning January 9, 1962, and end12 ing on May 7, 1975; or 

13 (II) in or near the Korean demili14 tarized zone during the period begin15 ning September 1, 1967, and ending 

16 on August 31, 1971; 

17 (B) contracted an Agent Orange illness; 

18 and 

19 (C) suffered injury or death by reason of 

20 that illness. 

21 (2) AGENT ORANGE ILLNESS.—The term 

22 ‘‘Agent Orange illness’’ means an illness listed by 

23 the National Institute of Medicine as having at least 

24 a limited or suggestive association with 2,4- 

25 dichlorophenoxyacetic acid (2,4–D), 1,4,5- 
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1 trichlorophenoxyacetic acid (2,4,5–T), 4-amino2 3,5,6-trichloropicolinic acid (picloram), and cacodylic 

3 acid (dimenthylarsenic acid, DMA), and 2,3,7,8- 

4 tetrachlorodibenzo-p-dioxin (TCDD, or dioxin). 

5 SEC. 3. COMPENSATION PROGRAM. 

6 (a) IN GENERAL.—There is hereby established a pro7 gram to be known as the ‘‘Agent Orange Illness Com8 pensation Program’’ (in this Act referred to as the ‘‘com9 pensation program’’), to be carried out by the Attorney 

10 General. 

11 (b) PURPOSE.—The purpose of the compensation 

12 program is to provide for timely, uniform, and adequate 

13 compensation of exposed employees and, where applicable, 

14 survivors of such employees, suffering from Agent Orange 

15 illnesses incurred by such employees. 

16 SEC. 4. COMPENSATION FUND. 

17 (a) ESTABLISHMENT.—There is hereby established 

18 on the books of the Treasury a fund to be known as the 

19 ‘‘Agent Orange Illness Compensation Fund’’ (in this Act 

20 referred to as the ‘‘compensation fund’’). 

21 (b) AMOUNTS.—The compensation fund shall consist 

22 of the following amounts: 

23 (1) Amounts appropriated to the compensation 

24 fund pursuant to an authorization of appropriations. 
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1 (2) Amounts transferred to the compensation 

2 fund. 

3 (c) FINANCING.—Upon the exhaustion of amounts in 

4 the compensation fund, the Secretary of the Treasury 

5 shall transfer directly to the compensation fund from the 

6 General Fund of the Treasury, without further appropria7 tion, such amounts as are further necessary to carry out 

8 the compensation program. 

9 (d) USE.—Subject to subsection (e) of this section, 

10 amounts in the compensation fund shall be used to carry 

11 out the compensation program. 

12 (e) ADMINISTRATIVE COSTS NOT PAID FROM

13 FUND.—No cost incurred in carrying out the compensa14 tion program, or in administering the compensation fund, 

15 shall be paid from the compensation fund. 

16 (f) MONETARY ALLOWANCE NOT TO BE CONSIDERED

17 AS INCOME OR RESOURCES FOR CERTAIN PURPOSES.— 

18 Notwithstanding any other provision of law, a monetary 

19 allowance paid an individual under this Act shall not be 

20 considered as income or resources in determining eligi21 bility for, or the amount of benefits under any Federal 

22 or federally assisted program. 

23 (g) INVESTMENT.—Amounts in the compensation 

24 fund shall be invested in accordance with section 9702 of 

25 title 31, and any interest on, and proceeds from, any such 
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1 investment shall be credited to and become a part of the 

2 compensation fund. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 hereby authorized to be appropriated $100,000,000 to the 

5 compensation fund. 

6 SEC. 5. COMPENSATION TO BE PROVIDED. 

7 (a) IN GENERAL.—An exposed employee, or the eligi8 ble survivor of that employee if the employee is deceased, 

9 shall receive compensation for the injury, illness, or death 

10 of that employee from that employee’s Agent Orange ill11 ness in an amount determined under subsection (b). 

12 (b) AMOUNT.—For each exposed employee, the Attor13 ney General shall provide compensation in the amount of 

14 $100,000. 

15 (c) PAYMENTS IN THE CASE OF DECEASED PER16 SONS.— 

17 (1) SURVIVORS ELIGIBLE.—In the case of an 

18 exposed employee who is deceased at the time of 

19 payment of compensation under this section, wheth20 er or not the death is the result of the employee’s 

21 Agent Orange illness, such payment may be made 

22 only as follows: 

23 (A) If the employee is survived by a spouse 

24 who is living at the time of payment, such pay25 ment shall be made to such surviving spouse. 
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1 (B) If there is no surviving spouse de2 scribed in subparagraph (A), such payment 

3 shall be made in equal shares to all children of 

4 the employee who— 

5 (i) had not yet attained the age of 18 

6 when the employee died or was perma7 nently or totally disabled before the age of 

8 18; and 

9 (ii) are living at the time of payment. 

10 (2) CLAIMS.—If an employee eligible for pay11 ment dies before filing a claim under this Act, a sur12 vivor of that employee who may receive payment 

13 under paragraph (1) may file a claim for such pay14 ment. 

15 (3) DEFINITIONS.—For purposes of this sub16 section— 

17 (A) the ‘‘spouse’’ of an individual is a wife 

18 or husband of that individual who was married 

19 to that individual for at least one year imme20 diately before the death of that individual; and 

21 (B) a ‘‘child’’ includes a recognized natural 

22 child, a stepchild who lived with an individual 

23 in a regular parent-child relationship, and an 

24 adopted child. 
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1 (d) CHILDREN WITH SPINA BIFIDA.—In any case in 

2 which a child of an exposed employee is born with spina 

3 bifida by reason of that employee’s exposure to Agent Or4 ange, that child shall directly receive compensation in an 

5 amount determined under subsection (b). 

6 SEC. 6. CLAIMS PROCESSING. 

7 (a) IN GENERAL.—Subject to subsections (b), (c), 

8 and (d), the Attorney General shall specify standards and 

9 criteria for filing applications and for processing, deter10 mining, and paying claims. 

11 (b) DEADLINE.—A claim not filed within 20 years 

12 after the date of the enactment of this Act is void. 

13 (c) WRITTEN MEDICAL DOCUMENTATION.—Payment 

14 may not be made on a claim except on written medical 

15 evidence that the Attorney General, in consultation with 

16 the Surgeon General, determines to be adequate. 

17 (d) REVIEW.—Unless otherwise specified by the At18 torney General, any determination on a claim under this 

19 Act is not subject to administrative or judicial review. 

20 SEC. 7. IMPLEMENTATION. 

21 (a) IN GENERAL.—The Attorney General shall pre22 scribe regulations to implement this Act. 

23 SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS. 

24 A payment of compensation to an individual, or to 

25 a survivor of that individual, under this Act shall be offset 
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1 by the amount of any payment made pursuant to a final 

2 award or settlement on a claim, against any person, that 

3 is based on the same illness, injury, or death of that indi4 vidual on account of exposure to Agent Orange herbicides. 

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