I 

117TH CONGRESS 

1ST SESSION H. R. 3518 

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 

MAY 25, 2021 

Ms. LEE 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 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 2021’’. 


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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. 

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

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

9 1,000,000 gallons of Agent Blue, 420,000 gallons of 

10 Agent Purple, and relatively smaller quantities of 

11 the other herbicides. Many of the herbicides, includ12 ing Agents Orange, Purple, Green, Pink, Dinoxol, 

13 and Trinoxol contained the toxic contaminant dioxin 

14 (TCDD). Agent Blue contained high levels of ar15 senic. The aforementioned 15 herbicides, including 

16 the contaminant dioxin, are usually collectively re17 ferred to as Agent Orange. 

18 (3) 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 12 percent of South Vietnam and portions of Laos 

22 and Cambodia. 

23 (4) Studies show that between 2,100,000 and 

24 4,800,000 Vietnamese and tens of thousands of 

25 Americans were exposed to Agent Orange during the 

26 spraying. Many other Vietnamese were or continue 


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1 to be exposed to Agent Orange through contact with 

2 the environment and food that was contaminated. 

3 Many offspring of those who were exposed have 

4 birth defects, developmental disabilities, and other 

5 diseases. 

6 (5) Today, there are still dozens of environ7 mental hot spots that continue to contaminate the 

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

9 Agent Orange. Concentrations of TCDD as high as 

10 1,000 mg/kg have been found in soil and sediment 

11 samples more than 50 years after Agent Orange was 

12 sprayed in Vietnam. 

13 (6) The United States has provided some as14 sistance to Vietnam in remediating Agent Orange 

15 contamination at the largest of these hotspots, which 

16 are the airbases that handled the spray missions. 

17 The Da Nang Airport has been fully cleaned up, and 

18 the United States has committed funds to contribute 

19 to cleaning up the Bien Hoa Airbase, which is the 

20 most contaminated site in Vietnam. There are at 

21 least two dozen other smaller hotspots scattered 

22 throughout southern and central Vietnam that also 

23 must be remediated, since they continue to expose 

24 local populations to dioxin and arsenic. 


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1 (7) Agent Orange exposure continues to nega2 tively affect the lives of veterans of the United 

3 States Armed Forces, Vietnamese people, Viet4 namese Americans, and their children. The lives of 

5 many victims are cut short and others live with dis6 ease, disabilities, and pain, often untreated or unrec7 ognized. 

8 (8) The Department of Veterans Affairs recog9 nizes 15 illnesses and diseases, including AL amyloi10 dosis, chronic B-cell leukemia, chloracne, diabetes 

11 mellitus type 2, Hodgkin’s disease, ischemic heart 

12 disease, multiple myeloma, non-Hodgkin’s 

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

14 peripheral neuropathy, porphyria cutanea tarda, 

15 prostate cancer, respiratory cancers, and soft-tissue 

16 sarcomas as associated with the spraying and use of 

17 Agent Orange by the United States Armed Forces 

18 during the Vietnam era. 

19 (9) No similar consideration has been given to 

20 affected Vietnamese or Vietnamese Americans. 

21 (10) The Department of Veterans Affairs pro22 vides compensation for many severe birth defects 

23 among the children of American women veterans 

24 who served in Vietnam. The list of birth defects cov25 ered includes but is not limited to: Achondroplasia, 


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1 cleft lip, cleft palate, congenital heart disease, con2 genital talipes equinovarus (clubfoot), esophageal 

3 and intestinal atresia, Hallerman-Streiff syndrome, 

4 hip dysplasia, Hirschsprung’s disease (congenital 

5 megacolon), hydrocephalus due to aqueductal ste6 nosis, hypospadias, imperforate anus, neural tube 

7 defects, Poland syndrome, pyloric stenosis, 

8 syndactyly (fused digits), tracheoesophageal fistula, 

9 undescended testes, and Williams syndrome. Af10 fected children of these women veterans receive med11 ical care and other benefits. However, the care and 

12 compensation provided by the Department of Vet13 erans Affairs to the covered children of United 

14 States veterans is insufficient to meet their needs. 

15 (11) The only birth defect recognized for the 

16 children of male American veterans is spina bifida 

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

18 Vietnam War veterans have the same range of birth 

19 defects and diseases, resulting in most affected chil20 dren of United States veterans receiving no care or 

21 benefits. 

22 (12) No assistance has been given to the chil23 dren of male or female Vietnamese or Vietnamese 

24 Americans connected with their exposure, or their 

25 parents’ or grandparents’ exposure. 


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1 (13) 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 (14) Since 2007, the United States has engaged 

17 in environmental remediation of contamination at 

18 the Da Nang airport, and more recently the Bien 

19 Hoa airport, and has provided funds for public 

20 health and disabilities activities for individuals resid21 ing in some affected areas. 

22 (15) Laos and Cambodia were also sprayed 

23 with Agent Orange during the Vietnam era. At least 

24 527,000 gallons of Agent Orange were sprayed in 

25 Laos and significant amounts were sprayed in CamVerDate Sep 11 2014 22:36 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3518.IH H3518

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1 bodia. Affected Lao and Cambodian people over sev2 eral generations suffer from medical conditions, 

3 birth defects and disabilities similar to those seen in 

4 Vietnam and in the United States. The United 

5 States has the responsibility to take action to miti6 gate and provide compensations for those effects. 

7 Further action will be needed to ascertain and effec8 tively address this legacy of the Vietnam War. 

9 (b) PURPOSE.—It is the purpose of this Act to ad10 dress and remediate the ongoing damage that arose or will 

11 arise from the use of Agent Orange during the Vietnam 

12 era. 

13 SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY 

14 HEALTH ISSUES RELATED TO EXPOSURE TO 

15 AGENT ORANGE. 

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

17 State shall provide assistance to address the health care 

18 needs of covered individuals. Such assistance shall include 

19 the provision of medical and chronic care services, nursing 

20 services, vocational employment training, and medical 

21 equipment. 

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

23 provide assistance to institutions in Vietnam that provide 

24 health care for covered individuals. Such assistance shall 

25 include— 


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1 (1) medicines and medical equipment; 

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

3 daycare programs; 

4 (3) training programs for caregivers; 

5 (4) medical, physical rehabilitation, and coun6 seling services and equipment for illnesses and de7 formities associated with exposure to Agent Orange; 

8 and 

9 (5) reconstructive surgical programs. 

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

11 Secretary of State shall provide assistance to repair and 

12 rebuild substandard homes in Vietnam for covered individ13 uals and the families of covered individuals. The Secretary 

14 of State shall provide micro grants and loans to facilitate 

15 subsistence payments and poverty reduction for covered 

16 individuals and families of covered individuals. 

17 (d) FOR ENVIRONMENTAL REMEDIATION.— 

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

19 provide assistance to remediate those geographic 

20 areas of Vietnam that the Secretary determines con21 tain high levels of Agent Orange. 

22 (2) PRIORITY.—In providing assistance under 

23 this subsection, the Secretary of State shall give pri24 ority to heavily sprayed areas, particularly areas 

25 that served as military bases where Agent Orange 


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1 was handled, and areas where heavy spraying and 

2 air crashes resulted in harmful deposits of Agent Or3 ange. 

4 (e) ADMINISTRATIVE AUTHORITIES.—The Secretary 

5 of State shall— 

6 (1) provide assistance under this section (other 

7 than assistance under subsection (d)) through ap8 propriate Vietnamese community and nongovern9 mental organizations and, where necessary, public 

10 agencies; 

11 (2) provide assistance under this section to af12 fected persons in all areas of Vietnam, including 

13 rural, mountainous, and urban areas; 

14 (3) encourage strategic alliances between pri15 vate and public sector partners as a business model 

16 for achieving the goals of this section; and 

17 (4) seek out and actively encourage other bilat18 eral donors as well as United States and foreign 

19 business enterprises in Vietnam to support the goals 

20 of this section through development assistance and 

21 corporate philanthropy programs. 

22 (f) COVERED INDIVIDUAL DEFINED.—In this sec23 tion, the term ‘‘covered individual’’ means an individual 

24 who— 

25 (1) is a resident of Vietnam; and 


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1 (2)(A) is affected by health issues related to ex2 posure to Agent Orange which took place during the 

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

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

5 those geographic areas in Vietnam that continue to 

6 contain high levels of Agent Orange as described in 

7 subsection (d); or 

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

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

10 health issues described in subparagraph (A). 

11 SEC. 4. PUBLIC RESEARCH. 

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

13 State and the Secretary of Veterans Affairs shall identify 

14 and provide assistance to support research relating to 

15 health issues of individuals affected by Agent Orange. 

16 Such research should include recommended focus provided 

17 by the United States Institute of Medicine as identified 

18 in their biennial Veterans and Agent Orange Update, and 

19 supported by the active involvement of schools of public 

20 health and medicine located in the United States, Viet21 nam, and other interested countries. 

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

23 shall conduct a survey of children of veterans who were 

24 exposed to Agent Orange and who have received health 

25 care under subchapter II of chapter 18 of title 38, United 


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1 States Code. The survey shall be designed to determine 

2 the extent to which such children are receiving adequate 

3 treatment for their medical conditions and disabilities. 

4 The Secretary shall make recommendations based on the 

5 survey as to any actions necessary to remedy any defi6 ciencies identified pursuant to the survey. 

7 SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES 

8 HEALTH ASSESSMENT AND ASSISTANCE FOR 

9 VIETNAMESE AMERICANS. 

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

11 and Human Services shall make grants to appropriate 

12 public health organizations and Vietnamese-American or13 ganizations for the purpose of conducting a broad health 

14 assessment of Vietnamese Americans who may have been 

15 exposed to Agent Orange and their children or descend16 ants to determine the effects to their health of such expo17 sure. 

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

19 Human Services shall establish centers in locations in the 

20 United States where large populations of Vietnamese 

21 Americans reside for the purpose of providing assessment, 

22 counseling, and treatment for conditions related to expo23 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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