,i #aafth ,,congress #ast ,session ,h4 ,r4 #cbf ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai,ms4 ,lee of ,california 7for herself1 ,mr4 ,langevin1 ,mrs4 ,dingell1 ,mr4 ,soto1 and ,mr4 ,thompson of ,california7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committees on ,energy and ,commerce1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to direct the ,secretary of ,state1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,veterans ,affairs to provide assistance for individuals affected by exposure to ,agent ,orange1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,victims of ,agent ,orange ,relief ,act of #bjai4 #b4 ,findings and purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,from #aifa to #aiga1 approximately #ai1jjj1jjj gallons of #ae different herbicides were sprayed over the southern region of ,vietnam4 ,the agents included #ac1jjj1jjj gallons of ,agent ,orange1 #d1ejj1jjj gallons of ,agent ,white1 #a1jjj1jjj gallons of ,agent ,blue1 #dbj1jjj gallons of ,agent ,purple1 and relatively smaller quantities of the other herbicides4 ,many of the herbicides1 including ,agents ,orange1 ,purple1 ,green1 ,pink1 ,dinoxol1 and ,trinoxol contained the toxic contaminant dioxin 7,,tcdd74 ,agent ,blue contained high levels of arsenic4 ,the aforementioned #ae herbicides1 including the contaminant dioxin1 are usually collectively referred to as ,agent ,orange4 7#b7 ,between #aifh and #aiga1 a total of #f1ejj spraying missions were carried out in an area of about #a1ejj1jjj hectares1 which represented about #aj percent of ,south ,vietnam4 7#c7 ,studies show that between #b1ajj1jjj and #d1hjj1jjj ,vietnamese and tens of thousands of ,americans were exposed to ,agent ,orange during the spraying4 ,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 disabilities4 7#d7 ,today1 there are still dozens of environmental hot spots that continue to contaminate the food1 soil1 sediment1 livestock1 and wildlife with ,agent ,orange4 ,in fact1 concentrations of ,,tcdd as high as #a1jjj mg_/kg were found in soil and sediment samples more than #cj years after ,agent ,orange was sprayed in ,vietnam4 7#e7 ,agent ,orange exposure continues to negatively affect the lives of veterans of the ,united ,states ,armed ,forces1 ,vietnamese people1 ,vietnamese-,americans1 and their children4 ,the lives of many victims are cut short and others live with disease1 disabilities1 and pain1 often untreated or unrecognized4 7#f7 ,the ,department of ,veterans ,affairs recognizes certain illnesses and diseases1 including ,,al amyloidosis1 chronic ,b-cell leukemia1 chloracne1 diabetes mellitus type #b1 ,hodgkin's disease1 ischemic heart disease1 multiple myeloma1 non-,hodgkin's lymphoma1 ,parkinson's disease1 acute and sub-acute peripheral neuropathy1 porphyria cutanea tarda1 prostate cancer1 respiratory cancers1 and soft-tissue sarcomas as associated with the spraying and use of ,agent ,orange by the ,united ,states ,armed ,forces during the ,vietnam era4 7#g7 ,no similar consideration has been given to affected ,vietnamese or ,vietnamese-,americans4 7#h7 ,the ,department of ,veterans ,affairs provides compensation for many severe birth defects among the children of ,american women veterans who served in ,vietnam4 ,the list of birth defects covered includes but is not limited to3 ,achondroplasia1 cleft lip1 cleft palate1 congenital heart disease1 congenital talipes equinovarus 7clubfoot71 esophageal and intestinal atresia1 ,hallerman-,streiff syndrome1 hip dysplasia1 ,hirschsprung's disease 7congenital megacolon71 hydrocephalus due to aqueductal stenosis1 hypospadias1 imperforate anus1 neural tube defects1 ,poland syndrome1 pyloric stenosis1 syndactyly 7fused digits71 tracheoesophageal fistula1 undescended testes1 and ,williams syndrome4 ,affected children of these women veterans receive medical care and other benefits4 7#i7 ,the only birth defect recognized for the children of male ,american veterans is spina bifida 7but not occulta71 resulting in most affected children receiving no benefits4 7#aj7 ,no assistance has been given to the children of male or female ,vietnamese or ,vietnamese-,americans connected with their exposure1 or their parent's or grandparent's exposure4 7#aa7 ,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 ,orange44 ,in recent years1 scientific studies have identified likely epigenetic links between exposure to toxins and birth defects and developmental disorders in subsequent generations4 ,some of the children and grandchildren of exposed persons 7,americans1 ,vietnamese1 and ,vietnamese-,americans7 who were in southern ,vietnam during the ,vietnam era likely suffer from disorders1 birth defects1 and illnesses related to ,agent ,orange4 7#ab7 ,dating back to #bjjg1 the ,united ,states has engaged in environmental remediation of contamination at the ,da ,nang and ,bien ,hoa airports1 and provided funds for public health and disabilities activities for individuals residing in some affected areas4 7#ac7 ,april #cj1 #bjai1 is the #ddth anniversary of the end of the ,vietnam ,war4 7b7 ,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 era4 #c4 ,assistance for individuals affected by health issues related to exposure to ,agent ,orange 7a7 ,for covered individuals ,the ,secretary of ,state shall provide assistance to address the health care needs of covered individuals4 ,such assistance shall include the provision of medical and chronic care services1 nursing services1 vocational employment training1 and medical equipment4 7b7 ,for caregivers ,the ,secretary of ,state shall provide assistance to institutions in ,vietnam that provide health care for covered individuals4 ,such assistance shall include-- 7#a7 medicines and medical equipment2 7#b7 custodial care1 home care1 respite care1 and daycare programs2 7#c7 training programs for caregivers2 7#d7 medical1 physical rehabilitation1 and counseling services and equipment for illnesses and deformities associated with exposure to ,agent ,orange2 and 7#e7 reconstructive surgical programs4 7c7 ,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 individuals4 ,the ,secretary of ,state shall provide micro grants and loans to facilitate subsistence payments and poverty reduction for covered individuals and families of covered individuals4 7d7 ,for environmental remediation 7#a7 ,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 ,orange4 7#b7 ,priority ,in providing assistance under this subsection1 the ,secretary of ,state shall give priority to heavily sprayed areas1 particularly areas that served as military bases where ,agent ,orange was handled1 and areas where heavy spraying and air crashes resulted in harmful deposits of ,agent ,orange4 7e7 ,administrative authorities ,the ,secretary of ,state shall-- 7#a7 provide assistance under this section 7other than assistance under subsection 7d77 through appropriate ,vietnamese community and nongovernmental organizations and1 where necessary1 public agencies2 7#b7 provide assistance under this section to affected persons in all areas of ,vietnam1 including rural1 mountainous1 and urban areas2 7#c7 encourage strategic alliances between private and public sector partners as a business model for achieving the goals of this section2 and 7#d7 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 programs4 7f7 ,covered individual defined ,in this section1 the term covered individual means an individual who-- 7#a7 is a resident of ,vietnam2 and 7#b7 7,a7 is affected by health issues related to exposure to ,agent ,orange which took place during the period beginning on ,january #a1 #aifa1 and ending on ,may #g1 #aige1 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 7d72 or 7,b7 is the child or descendant of an individual described in subparagraph 7,a71 and is affected by health issues described in subparagraph 7,a74 #d4 ,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 ,orange4 ,such research should include recommended focus provided by the ,united ,states ,institute of ,medicine as identified in their biennial ,veterans and ,agent ,orange ,update1 and supported by the active involvement of schools of public health and medicine located in the ,united ,states1 ,vietnam1 and other interested countries4 #e4 ,department of ,health and ,human ,services ,health ,assessment and ,assistance for ,vietnamese-,americans 7a7 ,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 exposure4 7b7 ,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 assessment1 counseling1 and treatment for conditions related to exposure to ,agent ,orange4 ,the ,secretary may carry out this subsection through appropriate community and nongovernmental organizations or other suitable organizations1 as determined by the ,secretary4 #f4 ,provision of benefits for children of male veterans who served in ,vietnam who are affected by certain birth defects 7a7 ,in general ,subchapter ,,ii of chapter #ah of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking woman ,vietnam veteran each place it appears and inserting ,vietnam veteran2 7#b7 by striking women ,vietnam veterans each place it appears and inserting ,vietnam veterans2 and 7#c7 in the heading of such subchapter1 by striking ,women4 7b7 ,access to records for research purposes ,section #ahac7;b7 of such title is amended-- 7#a7 by striking ,the ,secretary and inserting 7#a7 ,the ,secretary2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,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 exposure4 4 7c7 ,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 item3 ,subchapter ,,ii4 ,children of ,vietnam ,veterans ,born ,with ,certain ,birth ,defects 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date that is #cj days after the date of the enactment of this ,act4 #g4 ,deadline for implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,veterans ,affairs shall each complete a plan for the implementation of the provisions of this ,act1 and the amendments made by this ,act1 applicable to such ,secretary and shall issue a request for proposals1 if applicable4 ,the ,secretary of ,state1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,veterans ,affairs shall each implement the provisions of this ,act applicable to such ,secretary by not later than #ah months after the date of the enactment of this ,act4 #h4 ,quarterly reports ,not later than #cj days after the last day of each fiscal quarter beginning on or after #ah months after the date of the enactment of this ,act1 the ,secretary of ,state1 the ,secretary of ,health and ,human ,services1 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 quarter4 #i4 ,definition ,for purposes of this ,act1 the term ,agent ,orange includes any chemical compound which became part1 either by design or through impurities1 of an herbicide agent used in support of the ,united ,states and allied military operations in the ,republic of ,vietnam4