[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2114
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
April 29, 2015
Ms. Lee 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Agent Orange Relief Act
of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) From 1961 to 1971, approximately 19,000,000 gallons of
15 different herbicides were sprayed over the southern region
of Vietnam. The agents 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, including Agents Orange, Purple, Green, Pink,
Dinoxol, and Trinoxol contained the toxic contaminant dioxin
(TCDD). One, Agent Blue, contained high levels of arsenic. The
aforementioned 15 herbicides, including the contaminant dioxin,
are usually collectively referred to as Agent Orange.
(2) 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 to be exposed to Agent Orange through contact with the
environment and food that was contaminated or as offspring of
those exposed who now suffer from illnesses and disabilities.
(3) Today, there are still dozens of environmental hot
spots that continue to contaminate the food, soil, sediment,
livestock, and wildlife with Agent Orange.
(4) Agent Orange exposure continues to negatively affect
the lives of men and women in Vietnam and in the United States.
The lives of many victims, including Vietnamese, United States
veterans and their offspring, and Vietnamese-Americans, are cut
short and others live with disease, disabilities, and pain,
often untreated or unrecognized.
(5) The Department of Veterans Affairs recognizes certain
illnesses and diseases, including AL amyloidosis, 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.
(6) No similar consideration has been given to affected
Vietnamese or Vietnamese-Americans.
(7) The Department of Veterans Affairs provides
compensation for many severe birth defects among the children
of American women veterans who served in Vietnam. The list of
birth defects covered includes but is not limited to:
achondroplasia, cleft lip, cleft palate, congenital heart
disease, congenital talipes equinovarus (clubfoot), esophageal
and intestinal atresia, Hallerman-Streiff syndrome, hip
dysplasia, Hirschsprung's disease (congenital megacolon),
hydrocephalus due to aqueductal stenosis, hypospadias,
imperforate anus, neural tube defects, Poland syndrome, pyloric
stenosis, syndactyly (fused digits), tracheoesophageal fistula,
undescended testes, and Williams syndrome. Affected children of
these women veterans receive medical care and other benefits.
(8) The only birth defect recognized for the children of
male American veterans is spina bifida (but not occulta),
resulting in most affected children receiving no benefits.
(9) No assistance has been given to the children of male or
female Vietnamese or Vietnamese-Americans connected with their
exposure, or their parent's or grandparent's exposure.
(10) The Institute of Medicine for the past several 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 exposure to toxins and birth
defects and developmental disorders in subsequent generations.
Some of the children and grandchildren of exposed persons
(Americans, Vietnamese, and Vietnamese-Americans) who were in
southern Vietnam during the Vietnam era likely suffer from
disorders, birth defects, and illnesses related to Agent
Orange.
(11) Dating back to 2007, the United States has engaged in
environmental remediation of contamination at the Da Nang and
Bien Hoa airports, and provided funds for public health and
disabilities activities for individuals residing in some
affected areas.
(12) April 30, 2015, is the 40th anniversary of the end of
the Vietnam War.
(b) Purpose.--It is the purpose of this Act to address and
remediate the ongoing problems and concerns 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--
(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 counseling
services and equipment for illnesses and deformities 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 individuals 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 contain high levels of Agent Orange.
(2) Priority.--In providing assistance under this
subsection, the Secretary of State shall give priority to
heavily sprayed areas, particularly areas that served as
military bases where Agent Orange was handled, and areas where
heavy spraying and air crashes resulted in harmful deposits of
Agent Orange.
(e) Administrative Authorities.--The Secretary of State shall--
(1) provide assistance under this section (other than
assistance under subsection (d)) through appropriate Vietnamese
community and nongovernmental organizations and, where
necessary, public agencies;
(2) provide assistance under this section to affected
persons in all areas of Vietnam, including rural, mountainous,
and urban areas;
(3) encourage strategic alliances between private and
public sector partners as a business model for achieving the
goals of this section; and
(4) seek out and actively encourage other bilateral 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 section, the term
``covered individual'' means an individual who--
(1) is a resident of Vietnam; and
(2)(A) is affected by health issues related to exposure 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 affected by health issues described in subparagraph
(A) as the child or descendant of an individual described in
subparagraph (A).
SEC. 4. PUBLIC 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, Vietnam, and other
interested countries.
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 organizations for the purpose of conducting a broad
health assessment of Vietnamese-Americans who may have been exposed to
Agent Orange and their children or descendants to determine the effects
to their health of such exposure.
(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
exposure to Agent Orange. The Secretary may carry out this subsection
through appropriate community and nongovernmental organizations or
other suitable organizations, 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 striking
``WOMEN''.
(b) Access to Records for Research Purposes.--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 provider 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
purpose of conducting research or providing support for research 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 following 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 enactment of this
Act, the Secretary of State, the Secretary of Health and Human
Services, and the Secretary of Veterans Affairs shall each complete a
plan for the implementation 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 implement the provisions of this Act
applicable to such Secretary by not later than 18 months after the date
of the enactment of this Act.
SEC. 8. QUARTERLY REPORTS.
Not later than 30 days after the last day of each fiscal quarter
beginning on or after 18 months after the date of the enactment of this
Act, the Secretary of State, the Secretary of Health and Human
Services, and the Secretary of Veterans Affairs shall each submit to
Congress a report on the implementation of the provisions of this Act
applicable to such Secretary during the immediately preceding fiscal
quarter.
SEC. 9. DEFINITION.
For purposes of this Act, the term ``Agent Orange'' includes any
chemical compound which became part, either by design or through
impurities, of an herbicide agent used in support of the United States
and allied military operations in the Republic of Vietnam.
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