(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.

(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.

(1)

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

(2)

by inserting after subsection (b) the following:

(c) Access to records for research purposes

(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.