H. R. 3052

1. Short title
2. Findings and purpose
3. Provision of benefits for children of male veterans who served in Vietnam who are affected by certain birth defects
4. Public research
5. Department of Health and Human Services health assessment and assistance for Vietnamese Americans
6. Deadline for implementation
7. Quarterly reports
8. Definition

1. Short title

This Act may be cited as the "Agent Orange Relief Act of 2025".

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 by the United States military.

(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, including Agents Orange, Purple, Green, Pink, Dinoxol, and Trinoxol, contained the toxic contaminant dioxin (TCDD). Agent Blue contained high levels of arsenic. The 15 herbicides, including the contaminant dioxin, are usually collectively referred to as Agent Orange.

(3) - Between 1961 and 1971, nearly 20,000 spraying missions were carried out in an area of about 1,700,000 hectares. This represented about 10 percent of South Vietnam and portions of Laos and Cambodia. These amounts only account for the United States Air Force Operation Ranch Hand spraying and do not include the widespread use of Agent Orange by the Army Chemical Corps, Central Intelligence Agency, and South Vietnamese Government.

(4) - Studies have found that between 2,100,000 and 4,800,000 Vietnamese, Lao, and Cambodian people and tens of thousands of Americans were exposed to Agent Orange during the spraying operations. Many other Vietnamese people were or continue 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) - Agent Orange exposure continues to negatively affect the lives of veterans of the United States Armed Forces, Vietnamese people, Vietnamese Americans, and their children. The lives of many victims are cut short, and others live with disease, disabilities, and pain, which are often untreated or unrecognized.

(6) - The Department of Veterans Affairs recognizes 19 illnesses and diseases in United States Vietnam war veterans, including AL amyloidosis, bladder cancer, chronic B- cell leukemia, chloracne, diabetes mellitus type 2, high blood pressure (hypertension), Hodgkin’s disease, hypothyroidism, ischemic heart disease, monoclonal gammopathy of undetermined significance (MGUS), multiple myeloma, non-Hodgkin’s Lymphoma, Parkinson’s disease, Parkinsonism, acute and sub-acute peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers, and soft-tissue sarcomas associated with the spraying and use of Agent Orange by the United States Armed Forces during the Vietnam era.

(7) - No similar recognition has been given to affected Vietnamese or Vietnamese Americans.

(8) - The Department of Veterans Affairs provides compensation for many severe birth defects among the children of United States 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.

(9) - However, the care and compensation provided by the Department of Veterans Affairs to the covered children of United States veterans is insufficient to meet their needs related to Agent Orange.

(10) - 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 as seen in the children of female Vietnam war veterans. This discrepancy results in most Agent Orange affected children of United States veterans receiving no care or benefits.

(11) - No assistance has been given to the children of male or female Vietnamese or Vietnamese Americans connected with their exposure, or their parents’ or grandparents’ exposure.

(12) - 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 war era likely suffer from disorders, birth defects, and illnesses related to Agent Orange.

(13) - The assistance that the United States has provided for environmental remediation of contamination at the Da Nang and Bien Hoa airports has, in recent years, included funds for public health and disabilities activities for individuals residing in some affected areas.

(14) - Laos and Cambodia were also sprayed with Agent Orange during the Vietnam war era. At least 527,000 gallons of Agent Orange were sprayed in Laos and significant amounts were also sprayed in Cambodia. Affected Lao and Cambodian people over several generations suffer from medical conditions, birth defects, and disabilities similar to those seen in Vietnam and the United States. The United States has the responsibility to take action to mitigate and provide compensation for those effects. Further action will be needed to ascertain and effectively address this legacy of the Vietnam war.

(b) Purpose - It is the purpose of this Act to address and remediate the ongoing damage that arose or will continue to arise from the use of Agent Orange during the Vietnam war.

3. 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 "Woman".

(b) Access to records for research purposes - Section 1813 of title 38, United States Code, is amended—

(1) - by redesignating subsection (c) as subsection (d); and

(2) Access to records for research purposes - by inserting after subsection (b) the following:

(1) - 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.

(2) - In this subsection, 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.

(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:

(d) Effective date - The amendments made by this section shall take effect on the date that is 30 days after the date of enactment of this Act.

4. Public research

(a) Support for research - The Secretary of Veterans Affairs, in coordination with the heads of other appropriate Federal agencies and nongovernmental organizations, 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.

(b) Survey - The Secretary of Veterans Affairs shall conduct a survey of children of veterans who were exposed to Agent Orange and have received health care under subchapter II of chapter 18 of title 38, United 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 deficiencies identified pursuant to the survey.

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.

6. Deadline for implementation

Not later than 180 days after the date of enactment of this Act, 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, that are applicable to such Secretary and shall issue a request for proposals, if applicable. The Secretary of Health and Human Services and the Secretary of Veterans Affairs shall each implement the applicable provisions of this Act by not later than 18 months after the date of enactment of this Act.

7. 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 enactment of this Act, 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.

8. 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.

119-HR3052

Agent Orange Relief Act of 2025

119th CONGRESS

1st Session