[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4739 Introduced in House (IH)]







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 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.

    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 ``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 Federal 
                        Government, or an employee of a contractor (or 
                        subcontractor at any tier) of the Department of 
                        Defense; and
                            (ii) while so employed, was--
                                    (I) physically present in the 
                                Republic of Vietnam during the period 
                                beginning January 9, 1962, and ending 
                                on May 7, 1975; or
                                    (II) in or near the Korean 
                                demilitarized zone during the period 
                                beginning 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 program to be known 
as the ``Agent Orange Illness Compensation Program'' (in this Act 
referred to as the ``compensation 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 appropriation, 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 compensation 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 eligibility 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 eligible 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 illness in an amount determined under subsection (b).
    (b) Amount.--For each exposed employee, the Attorney General shall 
provide compensation in the amount of $100,000.
    (c) Payments in the Case of Deceased Persons.--
            (1) Survivors eligible.--In the case of an exposed employee 
        who is deceased at the time of payment of compensation under 
        this section, whether 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 payment shall be 
                made to such surviving spouse.
                    (B) If there is no surviving spouse described 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 permanently or totally 
                        disabled before the age of 18; and
                            (ii) are living at the time of payment.
            (2) Claims.--If an employee eligible for payment dies 
        before filing a claim under this Act, a survivor of that 
        employee who may receive payment under paragraph (1) may file a 
        claim for such payment.
            (3) Definitions.--For purposes of this subsection--
                    (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 immediately 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 Orange, 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, determining, 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 Attorney 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 prescribe 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 individual on account of exposure to Agent Orange herbicides.
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