I 
117TH CONGRESS 
1ST SESSION H. R. 3518 
To direct the Secretary of State, the Secretary of Health and Human Serv-
ices, 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 subse-
quently 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 Af-
fairs to provide assistance for individuals affected by 
exposure to Agent Orange, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Victims of Agent Or-
ange Relief Act of 2021’’. 
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SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) 
From 
1961 
to 
1971, 
approximately 
19,000,000 gallons of 15 different herbicides were 
sprayed over the southern region of Vietnam. 
(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, includ-
ing Agents Orange, Purple, Green, Pink, Dinoxol, 
and Trinoxol contained the toxic contaminant dioxin 
(TCDD). Agent Blue contained high levels of ar-
senic. The aforementioned 15 herbicides, including 
the contaminant dioxin, are usually collectively re-
ferred 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 show that between 2,100,000 and 
4,800,000 Vietnamese and tens of thousands of 
Americans were exposed to Agent Orange during the 
spraying. Many other Vietnamese were or continue 
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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 environ-
mental hot spots 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) The United States has provided some as-
sistance to Vietnam in remediating Agent Orange 
contamination at the largest of these hotspots, which 
are the airbases that handled the spray missions. 
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 is the 
most contaminated site 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. 
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(7) Agent Orange exposure continues to nega-
tively affect the lives of veterans of the United 
States Armed Forces, Vietnamese people, Viet-
namese Americans, and their children. The lives of 
many victims are cut short and others live with dis-
ease, disabilities, and pain, often untreated or unrec-
ognized. 
(8) The Department of Veterans Affairs recog-
nizes 15 illnesses and diseases, including AL amyloi-
dosis, chronic B-cell leukemia, chloracne, diabetes 
mellitus type 2, Hodgkin’s disease, ischemic heart 
disease, 
multiple 
myeloma, 
non-Hodgkin’s 
lymphoma, Parkinson’s disease, acute and sub-acute 
peripheral neuropathy, porphyria cutanea tarda, 
prostate cancer, respiratory cancers, and soft-tissue 
sarcomas as associated with the spraying and use of 
Agent Orange by the United States Armed Forces 
during the Vietnam era. 
(9) No similar consideration has been given to 
affected Vietnamese or Vietnamese Americans. 
(10) The Department of Veterans Affairs pro-
vides compensation for many severe birth defects 
among the children of American women veterans 
who served in Vietnam. The list of birth defects cov-
ered includes but is not limited to: Achondroplasia, 
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cleft lip, cleft palate, congenital heart disease, con-
genital talipes equinovarus (clubfoot), esophageal 
and intestinal atresia, Hallerman-Streiff syndrome, 
hip dysplasia, Hirschsprung’s disease (congenital 
megacolon), hydrocephalus due to aqueductal ste-
nosis, hypospadias, imperforate anus, neural tube 
defects, 
Poland 
syndrome, 
pyloric 
stenosis, 
syndactyly (fused digits), tracheoesophageal fistula, 
undescended testes, and Williams syndrome. Af-
fected children of these women veterans receive med-
ical care and other benefits. However, the care and 
compensation provided by the Department of Vet-
erans Affairs to the covered children of United 
States veterans is insufficient to meet their needs. 
(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, resulting in most affected chil-
dren of United States veterans receiving no care or 
benefits. 
(12) No assistance has been given to the chil-
dren of male or female Vietnamese or Vietnamese 
Americans connected with their exposure, or their 
parents’ or grandparents’ exposure. 
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(13) The Institute of Medicine for the past sev-
eral 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 expo-
sure to toxins and birth defects and developmental 
disorders in subsequent generations. Some of the 
children and grandchildren of exposed persons 
(Americans, Vietnamese, and Vietnamese Ameri-
cans) who were in southern Vietnam during the 
Vietnam era likely suffer from disorders, birth de-
fects, and illnesses related to Agent Orange. 
(14) Since 2007, the United States has engaged 
in environmental remediation of contamination at 
the Da Nang airport, and more recently the Bien 
Hoa airport, and has provided funds for public 
health and disabilities activities for individuals resid-
ing in some affected areas. 
(15) Laos and Cambodia were also sprayed 
with Agent Orange during the Vietnam era. At least 
527,000 gallons of Agent Orange were sprayed in 
Laos and significant amounts were sprayed in Cam-
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bodia. Affected Lao and Cambodian people over sev-
eral generations suffer from medical conditions, 
birth defects and disabilities similar to those seen in 
Vietnam and in the United States. The United 
States has the responsibility to take action to miti-
gate and provide compensations for those effects. 
Further action will be needed to ascertain and effec-
tively address this legacy of the Vietnam War. 
(b) PURPOSE.—It is the purpose of this Act to ad-
dress and remediate the ongoing damage that arose or will 
arise from the use of Agent Orange during the Vietnam 
era. 
SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY 
HEALTH ISSUES RELATED TO EXPOSURE TO 
AGENT ORANGE. 
(a) FOR COVERED INDIVIDUALS.—The Secretary of 
State shall provide assistance to address the health care 
needs of covered individuals. Such assistance shall include 
the provision of medical and chronic care services, nursing 
services, vocational employment training, and medical 
equipment. 
(b) FOR CAREGIVERS.—The Secretary of State shall 
provide assistance to institutions in Vietnam that provide 
health care for covered individuals. Such assistance shall 
include— 
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(1) medicines and medical equipment; 
(2) custodial care, home care, respite care, and 
daycare programs; 
(3) training programs for caregivers; 
(4) medical, physical rehabilitation, and coun-
seling services and equipment for illnesses and de-
formities associated with exposure to Agent Orange; 
and 
(5) reconstructive surgical programs. 
(c) FOR HOUSING AND POVERTY REDUCTION.—The 
Secretary of State shall provide assistance to repair and 
rebuild substandard homes in Vietnam for covered individ-
uals and the families of covered individuals. The Secretary 
of State shall provide 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 Secretary of State shall 
provide assistance to remediate those geographic 
areas of Vietnam that the Secretary determines con-
tain high levels of Agent Orange. 
(2) PRIORITY.—In providing assistance under 
this subsection, the Secretary of State shall give pri-
ority to heavily sprayed areas, particularly areas 
that served as military bases where Agent Orange 
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was handled, and areas where heavy spraying and 
air crashes resulted in harmful deposits of Agent Or-
ange. 
(e) ADMINISTRATIVE AUTHORITIES.—The Secretary 
of State shall— 
(1) provide assistance under this section (other 
than assistance under subsection (d)) through ap-
propriate Vietnamese community and nongovern-
mental organizations and, where necessary, public 
agencies; 
(2) provide assistance under this section to af-
fected persons in all areas of Vietnam, including 
rural, mountainous, and urban areas; 
(3) encourage strategic alliances between pri-
vate and public sector partners as a business model 
for achieving the goals of this section; and 
(4) seek out and actively encourage other bilat-
eral 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 sec-
tion, the term ‘‘covered individual’’ means an individual 
who— 
(1) is a resident of Vietnam; and 
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(2)(A) is affected by health issues related to ex-
posure 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 
State and the Secretary of Veterans Affairs 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, Viet-
nam, 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 who have received health 
care under subchapter II of chapter 18 of title 38, United 
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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 defi-
ciencies 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 or-
ganizations for the purpose of conducting a broad health 
assessment of Vietnamese Americans who may have been 
exposed to Agent Orange and their children or descend-
ants to determine the effects to their health of such expo-
sure. 
(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 expo-
sure to Agent Orange. The Secretary may carry out this 
subsection through appropriate community and non-
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governmental organizations or other suitable organiza-
tions, 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 strik-
ing ‘‘WOMEN’’. 
(b) ACCESS
TO RECORDS
FOR RESEARCH PUR-
POSES.—Section 1813(b) of such title is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) The Secretary’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary shall require any health care pro-
vider 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 pur-
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pose of conducting research or providing support for re-
search into the intergenerational effects of Agent Orange 
exposure.’’. 
(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 fol-
lowing 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 the enactment of this Act. 
SEC. 7. DEADLINE FOR IMPLEMENTATION. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State, the Secretary 
of Health and Human Services, and the Secretary of Vet-
erans Affairs shall each complete a plan for the implemen-
tation of the provisions of this Act, and the amendments 
made by this Act, applicable to such Secretary and shall 
issue a request for proposals, if applicable. The Secretary 
of State, the Secretary of Health and Human Services, 
and the Secretary of Veterans Affairs shall each imple-
ment the provisions of this Act applicable to such Sec-
retary by not later than 18 months after the date of the 
enactment of this Act. 
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