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 Viet-
nam 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. 
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 ‘‘Civilian Agent Orange 
Act of 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act:
(1) EXPOSED EMPLOYEE.—The term ‘‘exposed 
employee’’ means an individual who— 
(A) during the Vietnam conflict— 
(i) was a civilian employee of the Fed-
eral Government, or an employee of a con-
tractor (or subcontractor at any tier) of 
the Department of Defense; and 
(ii) while so employed, was— 
(I) physically present in the Re-
public of Vietnam during the period 
beginning January 9, 1962, and end-
ing on May 7, 1975; or 
(II) in or near the Korean demili-
tarized zone during the period begin-
ning September 1, 1967, and ending 
on August 31, 1971; 
(B) contracted an Agent Orange illness; 
and 
(C) suffered injury or death by reason of 
that illness. 
(2) 
AGENT
ORANGE
ILLNESS.—The 
term 
‘‘Agent Orange illness’’ means an illness listed by 
the National Institute of Medicine as having at least 
a limited or suggestive association with 2,4- 
dichlorophenoxyacetic 
acid 
(2,4–D), 
1,4,5-
trichlorophenoxyacetic 
acid 
(2,4,5–T), 
4-amino- 
3,5,6-trichloropicolinic acid (picloram), and cacodylic 
acid (dimenthylarsenic acid, DMA), and 2,3,7,8- 
tetrachlorodibenzo-p-dioxin (TCDD, or dioxin). 
SEC. 3. COMPENSATION PROGRAM. 
(a) IN GENERAL.—There is hereby established a pro-
gram to be known as the ‘‘Agent Orange Illness Com-
pensation Program’’ (in this Act referred to as the ‘‘com-
pensation program’’), to be carried out by the Attorney 
General. 
(b) PURPOSE.—The purpose of the compensation 
program is to provide for timely, uniform, and adequate 
compensation of exposed employees and, where applicable, 
survivors of such employees, suffering from Agent Orange 
illnesses incurred by such employees. 
SEC. 4. COMPENSATION FUND. 
(a) ESTABLISHMENT.—There is hereby established 
on the books of the Treasury a fund to be known as the 
‘‘Agent Orange Illness Compensation Fund’’ (in this Act 
referred to as the ‘‘compensation fund’’). 
(b) AMOUNTS.—The compensation fund shall consist 
of the following amounts: 
(1) Amounts appropriated to the compensation 
fund pursuant to an authorization of appropriations.
(2) Amounts transferred to the compensation 
fund. 
(c) FINANCING.—Upon the exhaustion of amounts in 
the compensation fund, the Secretary of the Treasury 
shall transfer directly to the compensation fund from the 
General Fund of the Treasury, without further appropria-
tion, such amounts as are further necessary to carry out 
the compensation program. 
(d) USE.—Subject to subsection (e) of this section, 
amounts in the compensation fund shall be used to carry 
out the compensation program. 
(e) ADMINISTRATIVE
COSTS
NOT
PAID
FROM 
FUND.—No cost incurred in carrying out the compensa-
tion program, or in administering the compensation fund, 
shall be paid from the compensation fund. 
(f) MONETARY ALLOWANCE NOT TO BE CONSIDERED 
AS INCOME OR RESOURCES FOR CERTAIN PURPOSES.— 
Notwithstanding any other provision of law, a monetary 
allowance paid an individual under this Act shall not be 
considered as income or resources in determining eligi-
bility for, or the amount of benefits under any Federal 
or federally assisted program. 
(g) INVESTMENT.—Amounts in the compensation 
fund shall be invested in accordance with section 9702 of 
title 31, and any interest on, and proceeds from, any such
investment shall be credited to and become a part of the 
compensation fund. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated $100,000,000 to the 
compensation fund. 
SEC. 5. COMPENSATION TO BE PROVIDED. 
(a) IN GENERAL.—An exposed employee, or the eligi-
ble survivor of that employee if the employee is deceased, 
shall receive compensation for the injury, illness, or death 
of that employee from that employee’s Agent Orange ill-
ness in an amount determined under subsection (b). 
(b) AMOUNT.—For each exposed employee, the Attor-
ney General shall provide compensation in the amount of 
$100,000. 
(c) PAYMENTS IN THE CASE OF DECEASED PER-
SONS.— 
(1) SURVIVORS ELIGIBLE.—In the case of an 
exposed employee who is deceased at the time of 
payment of compensation under this section, wheth-
er or not the death is the result of the employee’s 
Agent Orange illness, such payment may be made 
only as follows: 
(A) If the employee is survived by a spouse 
who is living at the time of payment, such pay-
ment shall be made to such surviving spouse.
(B) If there is no surviving spouse de-
scribed in subparagraph (A), such payment 
shall be made in equal shares to all children of 
the employee who— 
(i) had not yet attained the age of 18 
when the employee died or was perma-
nently or totally disabled before the age of 
18; and 
(ii) are living at the time of payment. 
(2) CLAIMS.—If an employee eligible for pay-
ment dies before filing a claim under this Act, a sur-
vivor of that employee who may receive payment 
under paragraph (1) may file a claim for such pay-
ment. 
(3) DEFINITIONS.—For purposes of this sub-
section— 
(A) the ‘‘spouse’’ of an individual is a wife 
or husband of that individual who was married 
to that individual for at least one year imme-
diately before the death of that individual; and 
(B) a ‘‘child’’ includes a recognized natural 
child, a stepchild who lived with an individual 
in a regular parent-child relationship, and an 
adopted child.
(d) CHILDREN WITH SPINA BIFIDA.—In any case in 
which a child of an exposed employee is born with spina 
bifida by reason of that employee’s exposure to Agent Or-
ange, that child shall directly receive compensation in an 
amount determined under subsection (b). 
SEC. 6. CLAIMS PROCESSING. 
(a) IN GENERAL.—Subject to subsections (b), (c), 
and (d), the Attorney General shall specify standards and 
criteria for filing applications and for processing, deter-
mining, and paying claims. 
(b) DEADLINE.—A claim not filed within 20 years 
after the date of the enactment of this Act is void. 
(c) WRITTEN MEDICAL DOCUMENTATION.—Payment 
may not be made on a claim except on written medical 
evidence that the Attorney General, in consultation with 
the Surgeon General, determines to be adequate. 
(d) REVIEW.—Unless otherwise specified by the At-
torney General, any determination on a claim under this 
Act is not subject to administrative or judicial review. 
SEC. 7. IMPLEMENTATION. 
(a) IN GENERAL.—The Attorney General shall pre-
scribe regulations to implement this Act. 
SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS. 
A payment of compensation to an individual, or to 
a survivor of that individual, under this Act shall be offset
by the amount of any payment made pursuant to a final 
award or settlement on a claim, against any person, that 
is based on the same illness, injury, or death of that indi-
vidual on account of exposure to Agent Orange herbicides. 
Æ