U.S. Agent Orange/Dioxin Assistance to Vietnam

November 13, 2015 – February 10, 2021 R44268

U.S. Agent Orange/Dioxin Assistance
to Vietnam
Updated February 10, 2021
Congressional Research Service
https://crsreports.congress.gov
R44268

U.S. Agent Orange/Dioxin Assistance to Vietnam

Summary
U.S. assistance to Vietnam for the environmental and health damage attributed to a dioxin
contained in Agent Orange and other herbicides sprayed over much of the southern portion of the
country during the Vietnam War remains a significant bilateral issue. Between fiscal years (FY)
2007 and 2021, Congress appropriated nearly $390 million to address these two issues. This
includes $60 million in Department of Defense funds transferred to the Secretary of State, for use
by the U.S. Agency for International Development, for the dioxin clean-up at the Bien Hoa
airbase.
Most of the appropriated funds have been used by USAID for the environmental remediation of
Danang airport, one of the major airbases used for storing and spraying the herbicides between
1961 and 1971. Following completion of the Danang project in 2017, the environmental
remediation funds have been obligated for preparatory work on the Bien Hoa airbase. A lesser
amount of the appropriated funds have been used by USAID for assistance to Vietnam’s persons
with disabilities, generally, but not always, in the vicinity of Danang or other dioxin-contaminated
areas.
Congressional interest in Agent Orange/dioxin in Vietnam has largely been focused on two issues.
The first issue is determining the appropriate amount and type of assistance to provide to address
the environmental damage and the health effects of dioxin contamination in Vietnam. The second
issue is oversight of how such assistance has been utilized by the State Department and USAID.
In November 2017, the United States and Vietnam completed the environmental remediation of
approximately 90,000 cubic meters (118,000 cubic yards) of contaminated soil and 60,000 cubic
meters (78,000 cubic yards) of lower risk materials at Danang airport by a process known as in-
pile thermal desorption (IPTD). Restoration and project closure operations were completed in
November 2018. The project took six years, with an estimated overall cost of $116 million, which
was twice as long and three times more expensive than originally projected.
Field studies have identified a number of other areas in Vietnam contaminated with the dioxin
associated with Agent Orange, including the airports near Bien Hoa and Phu Cat, as well as
sections of the A Luoi Valley. In January 2018, U.S. and Vietnamese governments signed a
memorandum of intent (MOI) to begin the cleanup of the Bien Hoa airport. After a one-year joint
project planning process, the two governments developed a 10-year remediation plan in 2020
with an estimated cost of up to $450 million. The plan is under review by the Vietnam
government.
As of January 2021, USAID had obligated 99% of the $232.0 million appropriated for FY2011-
FY2020 for environmental remediation projects, and 75% of the $79.8 million appropriated for
FY2011-FY2020 for health and disability services.
Two additional issues Congress may consider are whether to fund remediation projects at
additional “hot spots” and whether to require the provision of health care and support for
Vietnamese nationals with medical conditions and disabilities associated with exposure to Agent
Orange/dioxin. The Victims of Agent Orange Relief Act of 2019 (H.R. 326) would have required
the Secretary of State to provide assistance to individuals in Vietnam with health issues related to
exposure to Agent Orange, as well as “to institutions in Vietnam that provide health care for
covered individuals.” The act would also have required the Secretary of State to provide
assistance “to remediate those geographic areas of Vietnam that the Secretary determines contain
high levels of Agent Orange.”
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Contacts
Author Information ........................................................................................................................ 42

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Overview
During the Vietnam War,1 the U.S. military conducted Operation Ranch Hand, a program that
sprayed an estimated 18-20 million gallons of herbicides—including approximately 11-12 million
gallons of Agent Orange2—over about 12,000 square miles of southern Vietnam between 1961
and 1971.3 A contaminant of the manufacture of Agent Orange (as well as two other herbicides
used, Agent Pink and Agent Purple) was 2, 3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), a
developmental toxicant and a probable human carcinogen, according to the U.S. Environmental
Protection Agency.
Environmental surveys conducted in Vietnam have identified a number of dioxin hot spots,
including the airbases at Bien Hoa, Danang,4 and Phu Cat, that are contaminated with TCDD well
above internationally acceptable levels (see Figure 1).5 In addition, the A Luoi (or A Shau) Valley,
south of Quang Tri and west of Danang, was considered an important segment of the Ho Chi
Minh Trail, a key supply route used by North Vietnamese forces and their allies, and was
therefore heavily sprayed. The former U.S. military base in the A Luoi Valley has been identified
as another potential hot spot.
During the Obama Administration, U.S. assistance to the environmental damage and health
problems caused by Agent Orange and its associated dioxin in Vietnam was viewed as helping to
advance bilateral relations between the two nations. After a meeting with President Tran Dai
Quang in May 2016, former President Obama stated the following:
With regard to security, the United States will continue to do our part to address the painful
legacy of war.... We’ll continue to help remove unexploded landmines and bombs. And
now that our joint effort to remove dioxin—Agent Orange—from Danang Airport is nearly
complete, the United States will help in the cleanup at Bien Hoa Air Base.6

1 Between 1950 and 1975, the United States was actively involved in a civil war in Vietnam between the Democratic
Republic of Vietnam (North Vietnam) and the Republic of Vietnam (South Vietnam), providing initially military
assistance and later active combat troops to support the Republic of Vietnam in the conflict. By the time the civil war
ended with the victory of North Vietnam on April 30, 1975, over 50,000 U.S. soldiers had died, and an estimated 1
million Vietnamese soldiers and civilians had been killed.
2 An approximately 50-50 mix of two chemicals—2,4,-D (2,4, dichlorophenoxyacetic acid) and 2,4,5-T (2,4,5
trichlorophenoxyacetic acid)—Agent Orange derived its name from the orange band painted on the side of the 55-
gallon drums in which the herbicide was delivered.
3 For more about the history of Operation Ranch Hand and the use of Agent Orange in Vietnam, see CRS Report
RL34761, Vietnamese Victims of Agent Orange and U.S.-Vietnam Relations, by Michael F. Martin.
4 Also sometimes written as “Da Nang.”
5 These studies include Jeanne Mager Stellman, Steven D. Stellman, Richard Christian, Tracey Weber, and Carrie
Tomasallo, “The Extent and Patterns of Usage of Agent Orange and Other Herbicides in Vietnam,” Nature, Vol. 422,
April 2003; Michael G. Palmer, “The Legacy of Agent Orange: Empirical Evidence from Central Vietnam,” Social
Science and Medicine, vol. 60 (2005), pp. 1061-1070; and T.G. Boivin, K.S. Le, L.W. Dwernychuk, M.H. Tran, G.S.
Bruce, N.H. Minh, N.T. Tran, K.S. Trinh, T.D. Phung, D. Moats, J.A. Allen, L. Borton, and M. Davies, “Agent Orange
Dioxin Contamination in the Environment and Human Population in the Vicinity of Da Nang Airbase, Viet Nam,”
Hatfield Consultants, Ltd.
6 White House, “Remarks by President Obama and President Quang of Vietnam at Joint Press Conference,” press
release, May 23, 2016.
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U.S. Agent Orange/Dioxin Assistance to Vietnam

Figure 1. Map of Vietnam Showing Agent Orange “Hot Spots”

Source: CRS.

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The joint statement issued after that meeting included the following statements:
Vietnam welcomed cooperation leading to the successful conclusion of the first phase of
dioxin remediation at Danang International Airport, with the final phase underway. The
United States committed to partnering with Vietnam to make a significant contribution to
the clean-up of dioxin contamination at Bien Hoa Air Base.7
The Trump Administration continued the U.S. commitment to provide assistance to Vietnam to
address the Agent Orange/dioxin issue. Following their meeting in May 2017 in Washington, DC,
President Trump and Prime Minister Nguyen Xuan Phuc released a joint statement, which stated:
The two sides committed to work together to address war legacy issues, including through
such joint efforts as dioxin remediation, taking note of the progress that has been made at
Da Nang Airport and intent to discuss continued collaboration at Bien Hoa Airport, and
the removal of unexploded ordnances.8
On November 10, 2017, Under Secretary of State Thomas Shannon and Senior Lieutenant
General Nguyen Phuong Nam held a ceremony to celebrate the completion of the environmental
remediation of Danang Airport.9 On January 23, 2018, the two governments signed a
Memorandum of Intent (MOI) to begin the process of dioxin decontamination of Bien Hoa.10 A
ribbon-cutting ceremony was held at the Bien Hoa airbase on April 20, 2019, to commemorate
the start of the bilateral environmental remediation project.11 On that same date, a Memorandum
of Intent (MOI) regarding support for persons with disabilities in Vietnamese provinces sprayed
with Agent Orange was signed by USAID and Vietnam’s newly-established National Steering
Committee on Overcoming the Post-war Unexploded Ordnance and Toxic Chemical
Consequences in Vietnam, also known as Office 701.12
From 2007 to the present, Congress has appropriated a total of $381.4 million for the
environmental remediation of Agent Orange/dioxin and health and disability programs in areas of
Vietnam sprayed with Agent Orange or otherwise contaminated by dioxin. Starting with the 112th
Congress, the legislation has appropriated separate amounts for these two purposes, generally
with more funds appropriated for environmental remediation than for health and disability
programs.13 All of the amounts appropriated by Congress are subject to the provisions of Section
653(a) (22 U.S.C. §2413(a)) of the Foreign Assistance Act of 1961, as amended (P.L. 87-195; 22
U.S.C. §2151 et seq.). As a consequence, the actual amount of funding available for such

7 White House, “Joint Statement: Between the United States of America and the Socialist Republic of Vietnam,” press
release, May 23, 2016.
8 The White House, “Joint Statement for Enhancing the Comprehensive Partnership between the United States of
America and the Socialist Republic of Vietnam,” press release, May 31, 2017.
9 “US, Vietnam Complete Agent Orange Decontamination Campaign at Da Nang Airport,” VN Express, November 10,
2017.
10 USAID, “United States and Vietnam Sign Memorandum of Intent to Begin Dioxin Remediation at Bien Hoa,” press
release, January 23, 2018.
11 USAID, “United States and Vietnam Launch Dioxin Remediation Project at Largest Hotspot in Vietnam,” press
release, April 20, 2019.
12 USAID, “United States and Vietnam Sign Memorandum of Intent for New Partnership on Disabilities Assistance,”
press release, April 20, 2019.
13 The Appendix contains the relevant text from the public laws and related reports and explanatory statements that
appropriated funds for Agent Orange/dioxin environmental remediation and health and disability programs in Vietnam.
Laws that were superseded by subsequent legislation are not included in the appendix.
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assistance may be less than the amount specified in the various laws and their accompanying
reports.14
The appropriated funds for environmental remediation generally have been allocated under the
State Department’s Economic Support Fund account (ESF), while the funds for health and
disability programs have been allocated under the Development Assistance account (DA). In
general, the funds appropriated under both accounts have been made available for two fiscal
years. The State Department has delegated responsibility for the administration and obligation of
the appropriated funds to the U.S. Agency for International Development (USAID).
Until 2017, most of the environmental remediation effort was focused on the cleanup of the
Danang airport, while the funds appropriated for health and disability programs were used
primarily for disability support programs in Danang and other parts of Vietnam. Since 2018, the
environmental remediation assistance has been used on the cleanup of Bien Hoa airbase (see
“Bien Hoa Airbase”).
The programs and projects funded by the appropriated funds have been administered by the State
Department and USAID, in cooperation with various ministries and agencies within the
Vietnamese government. In 1999, Vietnam’s central government created the Office of the
National Steering Committee on Overcoming Consequences of Agent Orange/Dioxin in Vietnam
(Office 33, or Committee 33), an interministerial body, to oversee and coordinate its
government’s policy on Agent Orange and dioxin. Office 33 included representatives from
Vietnam’s Ministry of Natural Resources and Environment (MONRE, where Office 33 is
administratively located); Ministry of Finance (MOF); Ministry of Foreign Affairs (MOFA);
Ministry of Health (MOH); Ministry of Labour, Invalids, and Social Affairs (MOLISA); Ministry
of National Defence (MND); Ministry of Planning and Investment (MOPI); and Vietnam
Academy of Science and Technology (VAST).
In March 2018, Vietnam established the Office of the National Steering Committee on the
Settlement of Post-war Unexploded Ordnance and Toxic Chemical Consequences (Office 701),
which replaced Office 33.15 Office 701 is chaired by Prime Minister Nguyen Xuan Phuc and
includes representatives of various key ministries. In November 2019, Vietnam established the
National Action Centre for Toxic Chemicals and Environmental Treatment (NACCET) to
coordinate domestic and international efforts to address war legacy issues involving chemical
toxins or hazardous substances.16 NACCET has been designated as the leading agency to work
with USAID on disability programs.
Congressional interest has generally focused on two issues. The first issue is determining the
amount to allocate for the environmental remediation of dioxin hot spots in Vietnam and health
and disability programs in areas of Vietnam sprayed with Agent Orange or otherwise
contaminated by dioxin. The second issue is oversight to ascertain if the State Department and
USAID are effectively and appropriately obligating and expending the available funds. In

14 Section 653(a) requires the President, within 30 days of enactment of any law appropriating funds to carry out
foreign assistance, to “notify the Congress of each foreign country and international organization to which the United
States Government intends to provide any portion of the funds under such law and of the amount of funds under that
law, by category of assistance.” For more about the provisions of Section 653(a) and its implementation, see CRS
General Distribution Memorandum CD099, “Reporting Under Section 653(a) of the Foreign Assistance Act of 1961,”
by Matthew Weed, February 24, 2009.
15 USAID, “Vietnam Announces Establishment of New War Legacy Office,” press release, March 8, 2018.
16 “Centre for Toxic Chemicals and Environmental Treatment Established,” Vietnam News, November 13, 2019.
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particular, Congress has paid attention to the rate and manner at which USAID has obligated the
funds Congress appropriated for use on health and disability activities.
Congressional Appropriations Since 2007
The appropriation of funds explicitly to address the Agent Orange/dioxin issue in Vietnam started
in May 2007, when the 110th Congress passed the U.S. Troop Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28). That act appropriated
$3 million “for the remediation of dioxin contaminated sites in Vietnam, and to support health
programs in communities near those sites.”17 After more than a year of internal consultation, the
State Department decided that the administration and obligation of the $3 million would be
handled by USAID, setting a precedent for the handling of future appropriations for Agent
Orange/dioxin assistance to Vietnam.
The 111th Congress in three separate pieces of legislation appropriated a total of $18 million for
dioxin cleanup in Vietnam and related health services (see Table 1). In March 2009, the 111th
Congress appropriated $3 million for Agent Orange/dioxin remediation and health care assistance
in the vicinity of the Danang hot spot in the Omnibus Appropriations Act, 2009 (P.L. 111-8). In
December 2009, Congress passed the Consolidated Appropriations Act, 2010 (P.L. 111-117),
which included $3 million for dioxin cleanup and related health services in Vietnam. In July
2010, Congress included $12 million “to support the remediation of dioxin contamination at the
Danang Airport, which poses extreme risks to human health and welfare, and related health
activities” in the Supplemental Appropriations Act, 2010 (P.L. 111-212). In addition, the State
Department and USAID allocated $1.9 million in Development Assistance funds for FY2010 for
environmental remediation at Danang airport.
In April 2011, the 112th Congress for the first time appropriated separate funds for the remediation
of Agent Orange/dioxin in Vietnam and “related health activities” in the Department of Defense
and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10). The separate funding for
environmental remediation and “related health/disability activities” continued in the Consolidated
Appropriations Act, 2012 (P.L. 112-74). The conference report accompanying P.L. 112-74 also
endorsed language in a Senate report associated with an earlier reported to Senate version of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (S.
1601) directing USAID, in consultation with the Senate Appropriations Committee, the
Department of State, the Government of Vietnam, and “other interested parties,” to develop a
“comprehensive, multiyear plan” for Agent Orange-related activities in Vietnam within 180 days
after the enactment of the law.18

17 U.S. Congress, Senate Committee on Appropriations, Making Emergency Supplemental Appropriations for the
Fiscal Year Ending September 30, 2007, and for Other Purposes, 110th Cong., 1st sess., March 22, 2007, S.Rept. 110-
37 (Washington: GPO, 2007).
18 U.S. Congress, Senate Committee on Appropriations, Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012, Report to Accompany S. 1601, 112th Cong., 1st sess., September 22, 2011, S.Rept.
112-85 (Washington: GPO, 2011).
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Table 1. Congressional Appropriations for Agent Orange/Dioxin Remediation and
Health-Related Activities in Vietnam
(in millions of dollars)
Health-
Fiscal
Total
Environmental
Related
Congress
Public Law
Date Enacted
Year
Amount
Remediation
Activities
110th
P.L. 110-28
May 2007
2007
3.0

111th
P.L. 111-8
March 2009
2009
3.0

P.L. 111-117
December 2009
2010
3.0

P.L. 111-212
July 2010
2010
12.0

112th
P.L. 112-10
April 2011
2011
18.5
15.5
3.0
P.L. 112-74
December 2011
2012
20.0
15.0
5.0
113th
P.L. 113-6
March 2013
2013
19.3
14.5
4.8a
P.L. 113-76
January 2014
2014
29.0
22.0
7.0
P.L. 113-235
December 2014
2015
22.5
15.0
7.5
114th
P.L. 114-113b
December 2015
2016
32.0
25.0
7.0
(16.5)
(10.0)
(6.5)
115th
P.L. 115-31
May 2017
2017
30.0
20.0
10.0
P.L. 115-141c
March 2018
2018
45.0
35.0
10.0
P.L. 115-232
August 2018
2019
15.0
15.0

P.L. 116-6
February 2019
2019
32.5
20.0
12.5
P.L. 116-92
December 2019
2020
15.0
15.0

116th
P.L. 116-94
December 2019
2020
33.0
20.0
13.0
P.L. 116-260
December 2020
2021
33.5
19.0
14.5
P.L. 116-283
December 2020
2021
15.0
15.0

TOTAL

381.4
266.0
94.4
Source: CRS research, with the assistance of U.S. Agency for International Development (USAID).
Notes: Table does not include $3.9 mil ion allocated for these purposes by the State Department out of funds
appropriated for more general uses, such as the Economic Support Fund (ESF). Table also does not include
continuing resolutions that temporarily continued funding. Appropriations made in the 110th and 111th Congress
did not allocate amounts between environmental remediation and health-related activities.
a. Amount based on sequestration rate of 3.3%; USAID reported a preliminary figure of $3.0 mil ion.
b. Reflects amounts recommended in S.Rept. 114-79 and those set by the State Department and USAID after
consultation with the U.S. embassy in Hanoi (in parentheses).
c. Includes $15 mil ion transferred from Department of Defense under Section 8132.
The 113th Congress continued to appropriate funds for the environmental remediation of Agent
Orange/dioxin in Vietnam and related health services. The Consolidated and Further Continuing
Appropriations Act, 2013 (P.L. 113-6), which superseded P.L. 112-175, renewed the appropriation
levels contained in P.L. 112-74 for FY2013, subject to sequestration requirements. Similarly, P.L.
113-46 and P.L. 113-73 renewed appropriations for FY2014 until being superseded by the
Consolidated Appropriations Act, 2014 (P.L. 113-76), which appropriated $22.0 million for
environmental remediation and $7.0 million for “health and disability programs in areas sprayed
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with Agent Orange or otherwise contaminated by dioxin.”19 Section 7043(h) of the Consolidated
and Further Continuing Appropriations Act, 2015 (P.L. 113-235) states the following:
Funds appropriated by this Act under the heading “Economic Support Fund” shall be made
available for remediation of dioxin contaminated sites in Vietnam and may be made
available for assistance for the Government of Vietnam, including the military, for such
purposes, and funds appropriated under the heading “Development Assistance” shall be
made available for health/disability activities in areas sprayed with Agent Orange or
otherwise contaminated with dioxin.
The act’s accompanying “Explanatory Statement” specifies that $7.5 million is to be provided
under “Development Assistance” for “Vietnam health/disability programs” and $15.0 million is to
be provided under “Economic Support Fund” for “Vietnam (Environmental remediation of
dioxin).”20
In Section 7043(g) of P.L. 114-113, the 114th Congress appropriated funds for FY2016 under the
Economic Support Fund for “remediation of dioxin contaminated sites in Vietnam” and under
Development Assistance for “health and disability programs in areas sprayed with Agent Orange
and otherwise contaminated with dioxin, to assist individuals with severe upper or lower body
mobility impairment and/or cognitive or developmental disabilities.” S.Rept. 114-79, which
accompanied P.L. 114-113, recommended “not less than $25 million” for environmental
remediation and $7 million for “health/disability programs in areas sprayed with Agent Orange or
otherwise contaminated by dioxin, to address the mobility, psycho-social, vocational, and other
needs of persons with severe upper and lower body mobility impairment and/or cognitive or
developmental disabilities.” The report continued with the statement, “In order to minimize
administrative costs and maximize impact in the field, the Committee intends that, to the
maximum extent practicable, health/disability funds shall be implemented by Vietnamese
organizations and entities.”21
According to USAID’s explanation, the U.S. embassy in Hanoi, the State Department, and
USAID felt the amounts recommended for FY2016 “overestimated” needs for both
environmental remediation and related health and disability services at that time.22 After some
consultations, the amounts were adjusted to $10 million and $6.5 million, respectively.
Funding for FY2017 was included in the Consolidated Appropriations Act, 2017 (P.L. 115-31).
Section 7043(h) states:
(1) DIOXIN REMEDIATION—Notwithstanding any other provision of law, of the funds
appropriated by this Act under the heading `Economic Support Fund’, not less than
$20,000,000 shall be made available for activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for assistance for the
Government of Vietnam, including the military, for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS—Of the funds appropriated by this Act
under the heading ‘Development Assistance’, not less than $10,000,000 shall be made
available for health and disability programs in areas sprayed with Agent Orange and

19 Joint Explanatory Statement: Division K – Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014, p. 27, http://docs.house.gov/billsthisweek/20140113/113-HR3547-JSOM-J-L.pdf.
20 U.S. Congress, House Committee on Appropriations, Explanatory Statement Submitted by Mr. Rogers of Kentucky,
Chairman of the House Committee on Appropriations Regarding the House Amendment to the Senate Amendment on
H.R. 83, 113th Cong., 2nd sess., December 11, 2014.
21 U.S. Congress, Senate Committee on Appropriations, Department of State, Foreign Operations, and Related
Programs Appropriations Bill, 2016, 114th Cong., 1st sess., July 9, 2015, S.Rept. 114-79.
22 CRS Correspondence with USAID, February 28, 2020.
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otherwise contaminated with dioxin, to assist individuals with severe upper or lower body
mobility impairment and/or cognitive or developmental disabilities.
The act permitted, for the first time since the United States has funded dioxin environmental
remediation in Vietnam, the provision of assistance to the Government of Vietnam. It also
reiterated that health and disability programs are to be in areas sprayed with Agent Orange or
otherwise contaminated with dioxin.
In March 2018, the 115th Congress appropriated in the Consolidated Appropriations Act, 2018
(P.L. 115-141) “not less than $20 million” for “activities related to the remediation of dioxin
contaminated sites in Vietnam.” The act also provided that the funds “may be made available for
assistance for the Government of Vietnam, including the military, for such purposes.” In addition,
the act appropriated “not less than $10 million” for “health and disability programs in areas
sprayed with Agent Orange and otherwise contaminated with dioxin, to assist individuals with
severe upper or lower body mobility impairment or cognitive or developmental disabilities.” In
addition, Section 8132 of the act provided $15 million for environmental remediation in Vietnam
from Department of Defense funds that “shall be available for a project in a country designated
by the Secretary of Defense.” On August 14, 2018, USAID notified Congress that it had entered
into an inter-agency agreement with the Department of Defense for the transfer of $15 million of
“Operation and Maintenance, Defense-wide” funds to conduct remediation work in and around
Bien Hoa airbase.23
In Section 1052 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(P.L. 115-232), the 115th Congress authorized the Secretary of Defense to transfer “not more than
$15,000,000” in FY2019 to the Secretary of State, for use by USAID, “to be used for the Bien
Hoa dioxin cleanup in Vietnam.” Any funds transferred were to be taken from the Department of
Defense’s “Operation and Maintenance, Defense-wide” account.
In February 2019, the 116th Congress appropriated in the Consolidated Appropriations Act, 2019
(P.L. 116-6) “not less than $20,000,000” for “activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.” The act also appropriated “not less than
$12,500,000 … for health and disability programs in areas sprayed with Agent Orange and
otherwise contaminated with dioxin, to assist individuals with severe upper or lower body
mobility impairment or cognitive or developmental disabilities.”
In December 2019, the 116th Congress appropriated funds under the provisions of two separate
acts. Section 1260H of the National Defense Authorization Act for Fiscal Year 2020 (P.L. 116-92)
states, “the Secretary of Defense may transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.” Subsection 1260H(b) limits the amount to not less than $15 million. The
Further Consolidated Appropriations Act, 2020 (P.L. 116-94) stated in Section 7043(i):
(1) $13,000,000 shall be made available for health and disability programs in areas sprayed
with Agent Orange and contaminated with dioxin, to assist individuals with severe upper
or lower body mobility impairment or cognitive or developmental disabilities;
(2) $20,000,000 shall be made available, notwithstanding any other provision of law, for
activities related to the remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam, including the military, for
such purposes; and

23 USAID, Congressional Notification, CN #181, August 14, 2018.
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(3) $1,500,000 shall be made available for a war legacy reconciliation program.
In December 2020, the 116th Congress passed the Consolidated Appropriations Acts, 2021 (P.L.
116-260). Section 7043(i) appropriates
 $14.5 million for “health and disability programs in areas sprayed with Agent
Orange and contaminated with dioxin, to assist individuals with severe upper or
lower body mobility impairment or cognitive or developmental disabilities”;
 $19.0 million for “activities related to the remediation of dioxin contaminated
sites in Vietnam and may be made available for assistance for the Government of
Vietnam, including the military, for such purposes”; and
 $2.5 million for “a war legacy reconciliation program.”
In addition, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (P.L. 116-283) authorized the Secretary of Defense to transfer up to $15 million to the
Secretary of States “for use by the United States Agency for International Development, amounts
to be used for the Bien Hoa dioxin cleanup in Vietnam.”
Overall, Congress has appropriated $381.4 million for Agent Orange/dioxin environmental
remediation and related health and disability programs in Vietnam since FY2007. Of that amount,
$266.0 million was designated for environmental remediation and $94.4 million for related health
and disability programs.
USAID Obligations
The State Department has designated USAID as the responsible agency for the obligation of the
appropriated funds for Agent Orange/dioxin-related activities in Vietnam. Table 2 lists the
amounts USAID has obligated of funds appropriated over FY2007 to FY2020 by type of activity,
implementing partner, and fiscal year.24 As of January 2021, USAID had obligated 99% of the
$232.0 million appropriated for FY2011-FY2020 for environmental remediation projects, and
75% of the $79.8 million appropriated for FY2011-FY2020 for health and disability services.25
The manner in which USAID has obligated the appropriated funds has, in the past, been an issue
with Congress. While the rate of obligations for environmental remediation activities generally
has not been a matter of concern, how USAID has obligated appropriations for health and
disability activities has drawn some congressional attention. The two main concerns about the
health and disability obligations are the seemingly slower pace of utilization (when compared to
the environmental remediation funds), and the types of programs being funded.
Since Congress began appropriating funds specifically for Agent Orange/dioxin-related activities
in Vietnam in FY2007, it generally has designated that the health and disability services are to be
provided in locations near Agent Orange/dioxin-contaminated areas. The $3 million appropriated
in FY2007 in P.L. 110-28 was “to support health programs in communities near those sites,”
according to the accompanying Senate report.26 The joint committee print accompanying P.L.

24 According to information provided by USAID in January 2021, none of the FY2020 funds appropriated for “health
and disability programs” had been obligated. Funds for environmental remediation had been obligated to the Ministry
of National Defence for the Bien Hoa project, but not subobligated for specific activities or implementing partners.
25 These calculations are based on the amounts set or recommended in the appropriation acts; not the adjusted levels set
by State Department and USAID. They also do not include appropriations for FY2021, as USAID had not begun
obligating FY2021 appropriations at the time it provided the requested information to CRS.
26 U.S. Congress, Senate Committee on Appropriations, Making Emergency Supplemental Appropriations for the
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link to page 15 link to page 23 U.S. Agent Orange/Dioxin Assistance to Vietnam

111-8 stipulated that “$3,000,000 is provided to continue environmental remediation of dioxin
contamination at the Danang Airport and related health activities in nearby communities in
Vietnam.”27 H.Rept. 112-331, which accompanied P.L. 112-74, stated, “The conferees
recommend not less than $5,000,000 under this heading be made available for health/disability
activities in areas in Vietnam that were targeted with Agent Orange or remain contaminated with
dioxin.”28 It is unclear if the State Department and USAID have in all cases obligated these funds
in accordance with this locational guidance.
Based on the information provided by USAID, funds for health and disability services in
FY2007-FY2009 were obligated to programs in Danang. However, for FY2010 to FY2013, the
appropriated health and disability funds were largely obligated to Development Alternatives, Inc.
(DAI), a U.S.-based consulting company, for a disability support program that was designed to
“broadly address the needs and improve the lives of persons with disabilities,” without explicit
reference to Agent Orange/dioxin hot spots.29 According to USAID, this three-year program
ended in January 2016. During this period, it seemed that USAID also narrowed the scope of the
programs funded exclusively for disability projects.
Following consultations with the Ministry of Labour, Invalids, and Social Affairs (MOLISA),
Congress, and other interested parties, as of FY2014, USAID reportedly returned to directly
obligating funds for health and disability services in smaller amounts and increased its outreach to
Vietnamese nongovernmental organizations. This shift to smaller direct program funding is
reflected in Table 2.
On April 20, 2019, USAID and Office 701 signed a memorandum of intent (MOI) on “support to
persons with disabilities in Vietnamese provinces sprayed with Agent Orange.”30 The “General
Objective” of the MOI is:
To undertake joint efforts in building capacity for providing healthcare, medical treatment,
rehabilitation services, orthopedic services, social services, improving the quality of life
and ensuring social inclusion of persons with disabilities in Vietnamese provinces sprayed
with Agent Orange.
For more about USAID’s disability programs in Vietnam, see “Disability Programs” below.

Fiscal Year Ending September 30, 2007, and for Other Purposes, 110th Cong., 1st sess., S.Rept. 110-37.
27 U.S. Congress, House Committee on Appropriations, Division H—Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009, committee print, 111th Cong., 1st sess., January 1, 2010.
28 U.S. Congress, House Committee on Appropriations, Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2012 Conference Report, 112th Cong., December 15, 2011.
29 USAID, “Persons with Disabilities Support Program,” press release, December 2013, http://www.usaid.gov/vietnam/
persons-with-disabilities-support-program.
30 “Memorandum of Intent between the United States Agency for International Development (USAID) and the Office
of the Standing Board for the National Steering Committee on Overcoming the Post-war Unexploded Ordnance and
Toxic Chemical Consequences in Vietnam (Office 701) on Support to Persons with Disabilities in Vietnamese
Provinces Sprayed with Agent Orange,” signed April 20, 2019, at Dong Nai, Vietnam.
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Table 2. Obligation of Appropriated Funds for Agent Orange/Dioxin-Related Activities in Vietnam
(by fiscal year and type of activity; in dollars)
Program
Implementing
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Component
Partner
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
TOTAL

HEALTH AND DISABILITY
Empowering
Save the
400,000

799,980

1,199,980
People with
Children
Disabilities in
Danang
Support of
East Meets West
200,000

300,000

500,000
People with
Foundation
Disabilities in
Danang
Rehabilitation
Vietnam
382,344

906,064

1,288,408
Services and
Assistance for
Support to
the Handicapped
People with
Disabilities in
Danang
Disability and
Chemonics Inc.

103,000

103,000
Health
Assessment
Integrated
Development

5,192,582
2,477,342
1,326,954

8,996,878
Disability
Alternatives Inc.
Support
Program
Disability and
Centers for

53,169

53,169
Health
Disease Control
Support Inter-
and Prevention
agency
Agreement
Partner
Institute of

683,046

300,000
300,000
350,000

1,633,046
Capacity
International
Development
Education
Inclusion of
Vietnam

750,000

750,000
Disability
Assistance for
Program
the Handicapped
Advancing
Humanity &

1,014,870
1,661,942
1,300,000
1,250,000
1,515,848
1,276,854

8,019,614
Medical Care
Inclusion (HI)
Rehabilitation
Education
CRS-11

Program
Implementing
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Component
Partner
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
TOTAL
Protecting the
Action to the

750,000
210,705
225,240
1,997,809

1,185,945
Rights of
Community
People with
Development
Disabilities
Center
Disability
Vietnam

1,547,495
1,400,860
1,249,300
757,000
2,674,309
250,000

7,878,964
Rights
Assistance for
Enforcement,
the Handicapped
Coordination
and Therapy
Program
Disability
Sustainable

345,630

1,542,485
1,100,000
524.169
1,100,000

4,612,,284
Integration of
Health
Services and
Development
Therapies
(VietHealth)
Network
Accessibility
Disability

310,210

999,907

999,839

2,309,956
for Inclusion
Research and
Program
Capacity
Development
Moving
International

512,795
551,493
597,305
770,000
2,938,931
570,000

5,940,524
Without Limit
Center-Vietnam
Veterans of
America
Foundation
I-Thrive
Center for

1,999,880

1,999,880
Creative
Initiatives in
Health and
Population
(CCIHP)
Inclusion
Center for

3,000,000

3,000,000
Program 1
Creative
Initiatives in
Health and
Population
(CCIHP)
Inclusion
Center for

2,000,000

2,000,000
Program 2
Community
Health Research
and
Development
(CCRD)
CRS-12

Program
Implementing
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Component
Partner
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
TOTAL
Inclusion
Center for

2,927,868

2,927,868
Program 3
Social Initiatives
Promotion
(CSIP)
Sustainable
PHAD/Institute

1,367,211

626,381

1,993,592
and
of Population,
Interdisciplinar
Health and
y
Development
Rehabilitation
Services for
Persons with
Severe
Disabilities in
Binh Dinh and
Quang Nam
Provinces
Administrative
USAID
17,656
96,102
118,009
100,000
70,907
200,000
240,000
269,000
375,000
285,763
408,100
1,346,904
748,897

4,276,388
Support and
M&E
Subtotal—Health and Disability
1,000,000
96,102
2,124,053
203,000
5,316,658
2,677,342
3,000,000
4,750,000
4,500,000
6,500,000
10,000,000
10,000,000
12,500,000

62,667,155
Obligations
Subtotal – Health and Disability
*
*
*
*
3,000,000
5,000,000
4,800,000
7,000,000
7,500,000
7,000,000
10,000,000
10,000,000
12,500,000
13,000,000
79,800,000
Appropriations

ENVIRONMENTAL ASSESSMENT AND REMEDIATION
Assessments,
CDM

1,450,000
681,076
2,411,200

4,542,276
Engineering
International,
Designs and
Inc.
Plans at
Danang
Airport
Excavation and
Tetra Tech, Inc.

5,429,408
11,566,804

4,971,021
5,205,803
3,728,385

30,901,421
Construction
Services at
Danang
Airport
Construction
CDM

6,000,000
2,336,444

1,645,000
1,017,205
2,282,951
3,057,105
3,000,000

19,338,705
Management
International Inc.
Oversight at
Danang
Airport
CRS-13

Program
Implementing
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Component
Partner
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
TOTAL
In-Pile
TerraTherm,

1,336,486

1,336,486
Thermal
Inc.
Desorption
Design at
Danang
Airport
In-Pile
Tetra Therm,

16,492,658
11,209,712
5,000,000
5,780,865
2,000,000
6,921,437

47,404,672
Thermal
Inc.
Desorption at
Danang
Airport

Bien Hoa
CDM

5,200
500,000
2,795,774
410,381
368,139

4,079,494
Environment
International,
Assessment
Inc.
Partner
Institute of

80,000
100,000

250,000

430,000
Capacity
International
Development
Education (IEE)
Bien Hoa
Ministry of

23,650,000
35,000,000
35,000,000
20,000,000
113,650,000
Environment
National
Assessment
Defence
Of which:
Trigon

8,292,730
8,997,756

17,290,486
Architect-
Associates, LLC
Engineer
Services
Interim
Tetra Tech, Inc.

12,500,000
1,042,573

13,542,573
Measures
USAID
Social Impact,

500,000
476,190

976,190
Learns
Inc.
Partnership
USAID Lab

963,985

963,985
s for
Enhanced
Engagement
in Research
(PEER)
Administra-
USAID

366,436
983,811
12,853

1,363,100
tive
Support
Administrative
USAID

453,898
194,871
300,000
463,000
824,800
1,027,000
1,116,000
1,320,000
964,510
1,060,424

9,212,987
Support and
M&E
CRS-14

link to page 10
Program
Implementing
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Component
Partner
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
TOTAL
Subtotal—Environmental Remediation

1,903,898
875,947
14,140,608
15,702,734
17,322,658
14,461,712
15,000,000
15,000,000
10,000,000
35,000,000
35,000,000
35,000,000
20,000,000
229,407,557
Obligations
Subtotal-Environmental Remediation
*
*
*
*
15,500,000
15,000,000
14,500,000
22,000,000
15,000,000
25,000,000
20,000,000
35,000,000
35,000,000
35,000,000
232,000,000
Appropriated
Source: USAID, as of January 12, 2021.
Note: *Appropriated funds were not separately allocated to health and disability and environmental remediation; see Table 1.
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link to page 30 U.S. Agent Orange/Dioxin Assistance to Vietnam

Starting in FY2017, USAID began shifting its environmental remediation obligations toward
projects at the Bien Hoa airbase. Also, for the first time, funds were obligated to Vietnam’s
Ministry of National Defence, but USAID retained authority to directly obligate those funds to
subcontractors after consultation with the Ministry of National Defence. For example, a portion
of the funds obligated to the Ministry of National Defence was subcontracted to Trigon, LLC to
develop architectural and engineering plans for the Bien Hoa environmental remediation project.
For more about the Bien Hoa environmental remediation project, see “Bien Hoa Airbase.”
One of the issues identified by USAID as accounting for the delay in obligating appropriated
funds is, in its view, the “slow process” for distributing funds to obligate to the U.S. embassy in
Hanoi. For example, according to USAID, FY2019 funds for environmental remediation and
related health and disability service had not been made available to the U.S. embassy in Hanoi as
of the end of February 2020, five months after the fiscal year had ended.31 Similarly, FY2020
appropriations were passed by Congress in December 2019, three months into the fiscal year, and
the 653(a) reconciliation process was completed in June 2020, with only three months left to the
fiscal year. As a result, the FY2020 funds were made available to the USAID mission in Vietnam
in November 2020, a month after the fiscal year was over. According to USAID, foreign
assistance funds have a two-year “shelf life,” prior to expiration, providing a buffer for such
delays.
Danang Airport Environmental Remediation Project
One of the main activities financed by congressional appropriations related to Agent
Orange/dioxin in Vietnam was the environmental remediation project at Danang Airport. The
joint military/civilian airport in Danang was a major operational hub for the U.S. military’s
Operation Ranch Hand. One study of Danang airbase found soil concentrations of “TCDD toxic
equivalents” (TEQ) of up to 365 parts per billion (ppb)—365 times the international maximum
level of 1.0 ppb.32 Seventeen out of the 23 soil samples taken at Danang airbase exceeded the
international maximum standard.33 Since its beginnings in 2008, when the U.S. and Vietnamese
governments started plans for the environmental remediation of Danang airport, the remediation
project experienced delays in implementation, unexpected increases in the amount of material
requiring decontamination, and rising costs. While USAID’s initial intent was to complete the
project by October 2013, a November 2014 U.S. government audit indicated that the estimated
completion date for the project was March 31, 2017.34 The decontamination was completed in
August 2017. During the life of the project, the amount of material to be decontaminated rose
from an estimated 61,700 cubic meters (m3) to approximately 90,000 m3, plus an additional
60,000 m3 of “lower risk material.”35 The estimated cost of the project increased from $33.7

31 CRS correspondence with USAID, February 28, 2020.
32 T.G. Boivin, K.S. Le, L.W. Dwernychuk, M.H. Tran, G.S. Bruce, N.H. Minh, N.T. Tran, K.S. Trinh, T.D. Phung, D.
Moats, J.A. Allen, L. Borton, and M. Davies, “Agent Orange Dioxin Contamination in the Environment and Human
Population in the Vicinity of Danang Airbase, Viet Nam,” Hatfield Consultants, Ltd.
33 Ibid.
34 Office of Inspector General, USAID, Audit of USAID/Vietnam’s Environmental Assessments and Remediation
Project, No, 5-440-15-001-P, Manila, Philippines, November 12, 2014.
35 “US, Vietnam Complete Agent Orange Decontamination Campaign at Da Nang Airport,” VN Express, November 10,
2017.
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million to over $110 million. The Danang airport remediation was officially declared completed
on November 9, 2017.36
Work on the project began in December 2009, when the State Department and Vietnam’s
Ministry of Natural Resources and the Environment (MONRE) signed a memorandum of
understanding (MOU) setting the framework for implementing environmental health and
remediation programs in Danang.37 The MOU designated USAID and Office 33 as the
implementing agencies. According to a State Department press release, the MOU covered $6.0
million in funds appropriated in FY2007 and FY2009.38 Among the activities included in the
MOU was a grant to CDM International, Inc., a Massachusetts-based construction and
engineering company, in association with Hatfield Associates, to design an environmentally
sound engineering approach to dioxin containment at Danang airport.
In June 2010, USAID completed an Environmental Assessment (EA) of Danang airport that
recommended the use of thermal desorption to decontaminate an estimated 61,700 m3 of
contaminated material in six separate hot spots at the airport.39 The EA estimated that the
decontamination would take two years to complete at a cost of $33.7 million, but noted that
implementation would present “challenges”
that could increase the cost by 50%.
In-Pile Thermal Desorption
In-pile thermal desorption is a relatively new
USAID and Vietnam’s Ministry of National
technology for dioxin decontamination of soil that has
Defence (MND) signed a Memorandum of
been used in Japan and the United States. The
Intent in Hanoi on December 30, 2010, with
contaminated soil and sediment is enclosed in an
the goal of starting the remediation project in
above-ground pile in which heating rods and evacuation
the summer of 2011 and completing the
tubes have been placed. The soil is then raised to a
temperature of at least 335°C (635°F), which breaks
project by October 2013.40 The Prime Minister
the molecular bonds holding the dioxin together,
approved the remediation of Danang airport
causing the dioxin to decompose into other, harmless
by in-pile thermal desorption (IPTD) in
substances, primarily CO2, H2O, and Cl2. The
February 2011, and MND approved the
evacuation tubes capture any vaporized dioxin, and
project in April 2011.
send it to a secondary treatment facility that

decomposes the dioxin.
USAID posted a Request for Proposals (RFP
#486-11-028) in May 2011 for bids on the project. In July 2012, USAID awarded two contracts
for the environmental remediation of Danang airport by IPTD. CDM Smith, a U.S. firm
headquartered in Massachusetts, was granted $8.37 million for project oversight and construction
management. Tetra Tech, Inc., headquartered in California, was awarded $17 million for the
excavation and construction components of the project.41 A ceremony to launch the Danang
airport environmental remediation project was held at Danang airport on August 9, 2012; onsite
work began on August 20, 2012.

36 “US, Vietnam Complete Agent Orange Decontamination Campaign at Da Nang Airport,” VN Express, November 10,
2017.
37 U.S. Embassy in Hanoi, “US and Vietnam Sign Agreement on Dioxin Environmental Health and Remediation
Programs,” press release, December 16, 2009, http://vietnam.usembassy.gov/pr121609.html.
38 Ibid.
39 The EA is available online at http://www.agentorangerecord.com/images/uploads/EA%20DNG.pdf.
40 “Memorandum of Intent between the United States Agency for International Development and the Department of
Science, Technology, and Environment, Ministry of National Defense of Vietnam on Environmental Remediation of
Dioxin Contamination at Danang Airport Site, Vietnam,” December 30, 2010.
41 U.S. Consulate in Ho Chi Minh City, “U.S. Awards Contracts to Implement Agent Orange/Dioxin Remediation
Project in Danang,” press release, July 3, 2012, http://hochiminh.usconsulate.gov/pr07032012.html.
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link to page 22 link to page 15 U.S. Agent Orange/Dioxin Assistance to Vietnam

Table 3. Contracts Awarded for Danang Environmental Remediation
As of November 2014
Amount of
Contractor
Purpose of Award
Award
Date of Award
CDM International
Assessment, engineering, and planning design
$4.54 mil ion
Sept. 29, 2009
Inc.
at Danang
Terra Therm Inc.
Design of IPTD at Danang
$1.34 mil ion
Jan. 20, 2012
CDM International
Construction management and oversight of
$13.28 mil ion
June 18, 2012
Inc.
Danang project
Tetra Tech Inc.
Environmental remediation (excavation and
$16.99 mil ion
June 28, 2012
construction) at Danang
Terra Therm Inc.
IPTD services at Danang
$36.78 mil ion
Feb. 7, 2013
Source: Office of the Inspector General, USAID, Audit of USAID/Vietnam’s Environmental Assessments and
Remediation Project, Audit Report No. 5-440-15-001-P, Manila, Philippines, November 12, 2014.
An internal USAID audit of the remediation project conducted in November 2014 indicated that
five contracts have been awarded for the environmental assessment and remediation project at
Danang airport (see Table 3). Three of the awarded contracts correspond to the amounts provided
by USAID in Table 2, but three do not, probably reflecting work beyond FY2013. The audit
noted several potential risks that could delay the project and, by extension, raise its overall cost,
including the problems associated with inclement weather and cooling the treated soil.42 The audit
particularly noted the lack of a formal risk management plan to address some of the project risks
identified by USAID and the project’s contractors, and recommended that a formal risk
management plan be implemented. The audit also cited CDM for providing inaccurate
performance data and not fulfilling its obligations to provide training to Vietnamese officials, and
recommended that more training be provided and better data documentation procedures be
adopted. USAID agreed with all of the audit’s recommendations.
The thermal desorption of the contaminated soil was done in two phases, due to the amount of
material involved. The gradual heating of Phase 1, which involved the treatment of approximately
45,000 m3 of soil contained in an area 70 meters wide and 100 meters long (about the size of a
football field) and 8 meters (26 feet) high, began in April 2014. The cooling down of Phase 1
started in April 2015, after soil sampling revealed that more than 95% of the dioxin had been
removed. Excavation for Phase 2, which involved the draining of three small lakes and the
removal of the exposed lake beds, began in January 2015. The treatment of 45,000 m3 of Phase 2
soil began in November 2016, and was completed in August 2017. According to USAID, CDM
International received $23.9 million for remediation assessments, designs, and construction
management oversight; TerraTherm Inc. received $48.7 million for IPTD design and
implementation, and TetraTech, Inc. received $30.9 million for excavation and construction
services.
Progress on the decontamination of Danang airport was delayed by several factors. Weather
during Vietnam’s rainy season (September to December) hampered progress on the excavation of
soil and the construction of the thermal treatment area. Soil testing following the drainage of the
small lakes determined more soil and sediment would require decontamination than previously

42 Office of the Inspector General, Audit of USAID/Vietnam’s Environmental Assessments and Remediation Project,
U.S. Agency for International Development, Audit Report No. 5-440-15-001-P, Manila, Philippines, November 12,
2014.
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U.S. Agent Orange/Dioxin Assistance to Vietnam

estimated. The secondary treatment facility was shut down in July 2014 to change the filtering
system. It also took more time than anticipated to raise the ambient temperature of the Phase 1
soil to the target 335°C.43
On November 7, 2018, the two governments held a ceremony to mark the completion of the
Danang Airport environmental remediation project.44 The completed project took more than twice
as long and cost more than three times as much as initially projected by USAID. According to
Pham Quang Vu, head of Vietnam’s Air Force and Air Defense Military Science Division, the
higher cost and greater time was due to underestimating the contamination at the airport,
indicating that 162,500 cubic meters of soil—not 72,900 cubic meters—needed to be treated.45
Anthony Kolb, chief of USAID’s environmental remediation unit, stated that the dioxin had
percolated three meters deeper than expected.46
USAID contracted Integra, LLC to conduct a performance evaluation of the environmental
remediation project at Danang airport.47 The executive summary of the evaluation states, “The
Project was successful in achieving its higher-level purpose of treating dioxin and improving
relationships between the Governments of the United States and Vietnam.” According to the
evaluation, 162,567 m3 of soil and sediments were excavated, 94,593 m3 were treated, and 67,974
m3 were placed in containment. This was reportedly done in a cost-effective manner, with an
average cost of $669 per ton.48 The evaluation also noted that in the course of the project,
Vietnamese officials were trained in monitoring, sampling, and remediation technologies.
The evaluation did note areas where it argued improvement could be made in future
environmental remediation projects. It asserted that the original assessments underestimated the
amount of soil and sediment requiring remediation (including the 20% contingency allowance),
leading to increased costs and requiring more time to complete the project. This was attributed to
soil sampling methods used.49 In addition, the project did not originally plan for the containment
of contaminated material, so the decision to leave nearly 68,000 m3 untreated was considered an
element of the project that did not meet expectations. The evaluation did indicate that most of the
Vietnamese entities interviewed said that the remediation treatment exceeded their expectations.
Disability Programs
USAID has, in general, utilized the funds Congress appropriated for health/disability activities in
areas sprayed with Agent Orange or otherwise contaminated with dioxin as part of programs
USAID describes as providing support for persons with disabilities in Vietnam, regardless of the
cause of the disability. Many of those programs have been conducted in proximity to Agent
Orange hot spots.

43 Water infiltration during the rainy season is reportedly a contributing factor.
44 U.S. Agency for International Development, “United States and Vietnam Complete Environmental Remediation at
Danang Airport,” press release, November 7, 2018.
45 Nguyen Dong, “Dioxin Contamination if Da Nang More Serious than Expected: Conference,” VN Express,
November 7, 2018.
46 Ibid.
47 USAID, Performance Evaluation of USAID’s Environmental Remediation at Danang Airport, October 2018.
48 The evaluation notes that similar, but smaller projects have cost $337-$5,205 per ton.
49 The evaluation states, “Use of grab samples did not give high level of accuracy,” and suggests multi-incremental
sampling would be preferable.
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link to page 25 U.S. Agent Orange/Dioxin Assistance to Vietnam

The provision of U.S. assistance for the health effects of Agent Orange and dioxin initially was a
source of some tension between the two governments. As Senator Patrick Leahy, one of the early
congressional advocates for U.S. Agent Orange/dioxin assistance to Vietnam, explained in a
statement to the Senate:
On the one hand, the Government of Vietnam for years blamed Agent Orange for
seemingly any case of birth defect in the country, no matter how farfetched. On the other
hand, the U.S. Government consistently denied causation between Agent Orange and birth
defects in Vietnam and refused to accept any responsibility for the alleged harm. For years,
the issue remained a contentious one for our countries.50
Later on in his floor speech, Senator Leahy expressed his views on the importance of U.S.
assistance for the health effects of Agent Orange/dioxin:
I want to emphasize the importance of the health component. While the soil and sediment
remediation is critical and has received the most attention, it would be hard to overstate the
importance the Vietnamese give to addressing the needs of people who have been
harmed.51
In addition, some critics in Vietnam express the view that the USAID programs are disassociated
from the health effects of Agent Orange/dioxin exposure and that little of the funding goes to
direct support for people and families suffering from those health effects, which include, but are
not limited to, people with disabilities.52 The evolving language in the appropriation act’s
designating funding for health and disability services in Vietnam may indicate that many in
Congress share some of the concerns of the Vietnamese critics.
When Congress first began appropriating funds for Agent Orange/dioxin assistance in Vietnam,
the legislative language referred to “health activities” or “health programs” near contaminated
sites (see Table 4). Congress first referred to disability “activities” in the Consolidated
Appropriations Act, 2012 (P.L. 112-74). The House Report accompanying that act, H.Rept. 112-
331, stated the funds were to “be made available for health/disability activities in areas in
Vietnam that were targeted with Agent Orange or remain contaminated with dioxin.”
Similar language designating the fund for areas sprayed with Agent Orange or contaminated with
dioxin appeared in the next two acts, P.L. 113-76 and P.L. 113-235, that appropriated funds for
“related health/disability activities” in Vietnam. Since then, all the appropriation acts have stated
the funds:
shall be made available for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or
lower body mobility impairment or cognitive or developmental disabilities.53
The legislative language also shows progressively more specificity regarding how funds
appropriated for health and disability activities in Vietnam were to be utilized. Initially the funds
were for health activities in communities near the contaminated sites; more recently the funds
were to be use “in areas sprayed with Agent Orange and otherwise contaminated with dioxin.” At

50 Sen. Leahy, “Legacy of Agent Orange,” Senate Debate, Congressional Record, vol. 156 (September 16, 2010), p.
S7169.
51 Sen. Leahy, “Legacy of Agent Orange,” Senate Debate, Congressional Record, vol. 156 (September 16, 2010), p.
S7169.
52 Sonya Schoenberger, “Victims Left Behind in US Agent Orange Cleanup Efforts,” The Diplomat, September 26,
2019.
53 P.L. 116-94 is slightly different, stating “… impairment and/or cognitive.…”
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first, the funds were designated for “health programs,” but in the last five appropriation acts going
back to FY2016, the funds are to meet three specific criteria: (1) for “health and disability
programs”; (2) “in areas sprayed with Agent Orange and otherwise contaminated with dioxin”;
and (3) to “assist individuals with severe upper or lower body mobility impairment and/or
cognitive or developmental disabilities.”
According to USAID’s flyer on its disability programs in Vietnam, starting in 1989 with a
program financed by the Leahy War Victims Fund,54 the U.S. government has provided over $100
million in assistance to disabled Vietnamese, regardless of the cause of the disability.55 The flyer
does not mention Agent Orange, dioxin, or areas sprayed with Agent Orange. However, the
assistance referred to in the flyer presumably includes the funds specifically appropriated for
health and disability services in areas located near Agent Orange/dioxin-contaminated sites and
other sources of developmental or health assistance listed in Table 4.
Since FY2007, the locations in which USAID has conducted disability programs have included
some of the more highly sprayed areas of Vietnam. Between FY2007 and FY2010, the State
Department and USAID used the funds appropriated for health services for grants to various
agencies to offer programs to improve the quality of life for persons with disabilities in Danang,
which had a seriously dioxin contaminated airport (see “Danang Airport Environmental
Remediation Project” above).56 A December 2010 USAID assessment of these grants noted the
“many accomplishments” of these programs, but also noted that the three-year time period was
“very short for meeting program objectives.”57
Table 4. Legislative Language on Agent Orange Related Health and Disability
Assistance to Vietnam
Public Law
Relevant Legislative Text
P.L. 110-28
S.Rept. 110-37: The committee recommends $3,200,000 for the remediation of dioxin
contaminated sites in Vietnam, and to support health programs in communities near those sites.
P.L. 111-8
Sec. 7071. (h) Vietnam.—Notwithstanding any other provision of law, funds appropriated under
the heading “Development Assistance’’ in this Act may be made available for programs and
activities in the central highlands of Vietnam, and shall be made available for environmental
remediation and related health activities in Vietnam.
P.L. 111-117 Sec. 7071. (j) Vietnam—Funds appropriated by this Act that are made available for assistance for
Vietnam for remediation of dioxin contaminated sites and related health activities may be made
available for assistance for the Government of Vietnam, including the military, for such purposes.
P.L. 111-212 S.Rept. 111-188: Vietnam.—The committee recommends $12,000,000 for assistance for Vietnam
to support the remediation of dioxin contamination at the Danang Airport, which poses extreme
risks to human health and welfare, and related health activities.

54 For more about the Leahy War Victims Fund, see http://www.usaid.gov/documents/1866/programs-vulnerable-
populations-leahy-war-victims-fund.
55 USAID, “USAID’s Disability Programs in Vietnam,” press release, March 2019.
56 For example, the East Meets West Foundation was awarded grants for medical and social screening for people with
disabilities, corrective surgery, physical therapy and rehabilitation services, scholarships for children with disabilities,
and community-based rehabilitation. USAID provided funding to Save the Children in 2009 to expand employment and
income-generating activities for people with disabilities and their families living in Danang. USAID also granted funds
to the Vietnam Assistance for the Handicapped to help people with disabilities and their families living in Danang
improve their social and economic status and integration, and help local authorities, health service providers, disabled
organizations, and others develop and enforce programs that increase resources for disability. For more information,
see CRS Report RL34761, Vietnamese Victims of Agent Orange and U.S.-Vietnam Relations, by Michael F. Martin.
57 USAID, USAID/Vietnam: Disabilities and Health Assessment, Report No. 10-01-419-12, December 2010.
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Public Law
Relevant Legislative Text
P.L. 112-10
Sec. 2120. (c) That not less than $15,500,000 of the funds appropriated under this heading should
be made available for remediation activities, and not less than $3,000,000 should be made available
for related health activities, referenced in section 7071(j) of this Act.
P.L. 112-74
Sec. 7044. (h) Vietnam.—Funds appropriated under the heading ‘‘Economic Support Fund’ shall be
made available for remediation of dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the military, for such purposes, and funds
under the heading ‘‘Development Assistance’’ shall be made available for related health/disability
activities.
H.Rept. 112-331: Vietnam.—The conferees recommend not less than $5,000,000 under this
heading be made available for health/disability activities in areas in Vietnam that were targeted with
Agent Orange or remain contaminated with dioxin. The conferees endorse Senate report language
on consultation and the development of a multi-year plan.
P.L. 113-76
Sec. 7043. (g) Vietnam.—Funds appropriated by this Act under the heading “Economic Support
Fund” shall be made available for remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam, including the military, for such
purposes, and funds appropriated under the heading “Development Assistance” shall be made
available for health/disability activities in areas sprayed with Agent Orange or otherwise
contaminated with dioxin.
P.L. 113-235 Sec. 7043. (h) Vietnam.—Funds appropriated by this Act under the heading “Economic Support
Fund” shall be made available for remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam, including the military, for such
purposes, and funds appropriated under the heading “Development Assistance” shall be made
available for health/disability activities in areas sprayed with Agent Orange or otherwise
contaminated with dioxin.
P.L. 114-113 Sec. 7043. (g) Vietnam.—(2) HEALTH AND DISABILITY PROGRAMS—Funds appropriated by
this Act under the heading ‘‘Development Assistance’’ shall be made available for health and
disability programs in areas sprayed with Agent Orange and otherwise contaminated with dioxin,
to assist individuals with severe upper or lower body mobility impairment and/or cognitive or
developmental disabilities.
P.L. 115-31
Sec. 7043. (h) Vietnam.—(2) HEALTH AND DISABILITY PROGRAMS—Of the funds appropriated
by this Act under the heading ‘Development Assistance’, not less than $10,000,000 shall be made
available for health and disability programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper or lower body mobility
impairment and/or cognitive or developmental disabilities.
P.L. 115-141 Sec. 7043. (g) Vietnam.—(2) HEALTH AND DISABILITY PROGRAMS—Of the funds appropriated
by this Act under the heading ‘Development Assistance’, not less than $10,000,000 shall be made
available for health and disability programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities.
P.L. 116-6
Sec. 7043. (h) Vietnam.—(2) HEALTH AND DISABILITY PROGRAMS—Of the funds appropriated
by this Act under the heading “Development Assistance,” not less than $12,500,000 shall be made
available for health and disability programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities.
P.L. 116-94
Sec. 7043. (i) Vietnam.—(2) HEALTH AND DISABILITY PROGRAMS—Of the funds appropriated
by this Act under the heading ‘Development Assistance’, not less than $10,000,000 shall be made
available for health and disability programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper or lower body mobility
impairment and/or cognitive or developmental disabilities.
P.L. 116-260 Sec. 7043. (i) Vietnam.—(1) $14,500,000 shall be made available for health and disability programs
in areas sprayed with Agent Orange and contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or developmental disabilities.
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Source: CRS.
In 2012, USAID approved a three-year, nationwide Persons with Disability Support Program
(PDSP) to be jointly implemented with Development Alternatives, Inc. (DAI) and Vietnam
Assistance for the Handicapped (VNAH). The project’s request for applications (RFA) indicated
that the program was intended to “build on the accomplishments of the previous USAID
assistance to people with disabilities (PWD) living in communities in Danang, as well as include
additional relevant public health activities.”58 The project’s geographic focus was to be primarily
in Danang, and “to some extent other areas, proposed by the Recipient, where there is a high
disability burden, the need is the greatest, and in regions where dioxin hot spots are located.” The
RFA specifically calls for a needs assessment to be conducted in Bien Hoa and Phu Cat, two of
the other major dioxin hot spots. Funding for PDSP was initially set at $9 million.
As part of PDSP’s cooperative agreement, DAI was to award grants to approximately local
partners and organizations providing assistance to persons with disabilities, including health
services, rehabilitation therapy, vocational training, and community awareness. In addition,
USAID provided assistance to VNAH to work on disability policy and legal framework needs of
the Government of Vietnam.
The PDSP program was headquartered in Danang, and initially operated in the provinces of Binh
Dinh, Danang, and Dong Nai—where the three dioxin hot spots of Phu Cat, Danang, and Bien
Hoa (respectively) are located. According to a June 2015 USAID update, the PDSP program has
been extended to the provinces of Quang Nam, Tay Ninh, and Thua Thien-Hue.59 According to
the Aspen Institute, all three provinces were heavily sprayed with Agent Orange during the
Vietnam War, but have not been identified as hot spots.60 A USAID summary of the program after
two years reported that “nearly US$900,000 in grants to 14 local partners and organizations” had
been awarded.61 In its 2015 self-evaluation of the Vietnam Disability Programming, USAID
reported that the PDSP program provided 9,482 people with disabilities with services and 3,264
health and social service providers with training.
In June 2014, USAID adopted a new approach to the provision of assistance to persons with
disabilities in Vietnam.62 According to the USAID statement, one of the key objectives of USAID
assistance to Vietnam was to foster expanded opportunities to vulnerable populations, such as
persons with disabilities. To that end, USAID aimed “to address key challenges for persons with
disabilities through provision of direct assistance to improve health, independence, and
participation in economic and social life.”
In addition to continuing to support changes in Vietnam’s disability policies, USAID would
finance the provision of physical, occupational, and speech therapies to persons with disabilities,
as well as provide training to Vietnamese practitioners and technicians in the delivery of such
services. Target areas for these programs were to be locations “where disability prevalence and
poverty rates are high”; no mention was made of Agent Orange or dioxin. Among the identified

58 U.S. Agency for International Development, Program for Comprehensive and Integrated Support for People with
Disabilities, USAID-Vietnam-RFA-486-12-007, December 30, 2011.
59 U.S. Agency for International Development, “Persons with Disabilities Support Program,” press release, June 2015.
60 Aspen Institute, “Visit Maps of Heavily Sprayed Areas and Dioxin Hot Spots,” http://www.aspeninstitute.org/policy-
work/agent-orange/what-agent-orange/map-dioxin.
61 U.S. Agency for International Development, “Persons with Disabilities Support Program (PDSP): Project Year Two
Brief,” press release, December 2014.
62 U.S. Agency for International Development, “New Forward-Thinking Disabilities Assistance Approach,” press
release, June 4, 2014.
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locations were the provinces of Binh Dinh, Binh Phuoc, Dong Nai, Quang Nam, Tay Ninh, Thai
Binh, and Thua Thien-Hue. All these provinces have been identified by the Aspen Institute as
heavily sprayed areas, except Thai Binh.63 USAID, in consultation with various Vietnamese
agencies, directly administered the new approach.

63 Aspen Institute, “Visit Maps of Heavily Sprayed Areas and Dioxin Hot Spots,” http://www.aspeninstitute.org/policy-
work/agent-orange/what-agent-orange/map-dioxin.
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Figure 2. Provinces Receiving USAID Disability Assistance
for calendar years 2015-2023

Source: USAID, “2015-2023 Disability Projects in Vietnam,” press release, December 2019.
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As shown in Table 2, starting in FY2014 and continuing through FY2018, disability assistance to
Vietnam was distributed to eight different nongovernmental organizations, five of which were
Vietnamese NGOs. USAID’s web page provides overviews of the eight programs, which address
issues of disability rights enforcement, accessibility to public buildings, and improvement of
medical care and therapies for people with disabilities.64 At least three of the eight programs—
Hold My Hand, I-Thrive, and Moving without Limits—focus on providing direct medical care to
people with disabilities. USAID’s map of the provinces involved in one or more of the programs
(Figure 2) does correspond with areas of Vietnam sprayed with Agent Orange.
USAID conducted a mid-term evaluation of its disability programs in Vietnam in July 2018.65
Among the report’s recommendations were closer cooperation with the relevant Vietnamese
ministries and departments, refinement of project goals, and reduction of duplicative program
content by implementing partners.
On April 20, 2019, Office 701 and USAID signed a memorandum of intent (MOI) confirming
“their mutual desire to cooperate on overcoming health consequences of war by supporting
persons with disabilities in provinces sprayed with Agent Orange in Vietnam.” The MOI lists four
areas for cooperation: (1) expanding access to health care, medical treatment, and rehabilitation
and orthopedic services; (2) greater support for social inclusion and quality of life programs for
persons with disabilities; (3) improving public attitudes and public policy about persons with
disabilities; and (4) strengthening local capacity to provide support services for persons with
disabilities. The two governments committed to consult with each other on disability assistance
provided in Vietnam, and designated Office 701 and USAID as the representative agencies for the
two governments on disability issues. On December 5, 2019, USAID and Vietnam’s National
Action Centre for Toxic Chemicals and Environmental Treatment (NACCET) signed a “limited
scope agreement” for $65 million in assistance for people with severe disabilities in eight heavily
sprayed provinces over the next five years.66
Bien Hoa Airbase
With the environmental cleanup of Danang airport completed, the two governments have begun
work on a similar cleanup of the dioxin hot spot located at Bien Hoa airbase. Bien Hoa airbase
was the airport used for the most Agent Orange spraying missions during the war, and is where
the most herbicide was stored and used by the U.S. military. One study of soil samples from the
Bien Hoa airbase found a sample with a TEQ concentration at over 1,000 ppb—higher than
typical samples at the Danang airbase, and 1,000 times higher than the international limit.67
Estimates of the amount of contaminated soil at the Bien Hoa airbase indicate that this project
will be several times the size of the Danang project. The size of the project has also contributed to
extensive discussion between the two governments about the most appropriate soil remediation
method to use because of the time and cost implications.

64 https://www.usaid.gov/vietnam/documents/2015-2023-disability-projects-vietnam.
65 USAID, Mid-term Whole-of-Project Evaluation: Vietnam Intervention Project to Assist Persons with Disabilities,
July 2018.
66 USAID, “The United States and Vietnam Strengthen Partnership to Address War Legacies,” press release, December
5, 2019.
67 By comparison, the maximum concentration of TCDD found at Love Canal, NY, was 17,200 ppb; at Times Beach,
MO, the maximum concentration was 1,750 ppb. Both U.S. communities were evacuated after evidence of dioxin
contamination was found.
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The Vietnamese government has already conducted some mitigation measures to contain the
dioxin contamination at Bien Hoa. A passive landfill (in which the contaminated soil is left
untreated) containing 43,000 m3 of contaminated soil excavated from the herbicide storage area
was completed in 2009. However, the airbase has several other distinct dioxin hot spots that have
not been addressed, according to a study conducted by a private consulting firm, Hatfield
Consultants, hired by Office 33.68 The study also determined that contaminated soil had spread
from the hot spots into nearby lakes, ponds, creeks, drainage ditches, and surrounding residential
areas, increasing the amount of soil and sediment that would require treatment.
Contamination Assessments
The United Nations Development Programme (UNDP) worked with Office 33 and MONRE for
five years to map out the dioxin contamination of Bien Hoa, Danang, and Phu Cat airbases, and
develop master plans for their dioxin remediation.69 According to information provided by the
U.S. Department of Defense, the U.S. military stored and used 98,000 barrels of Agent Orange,
45,000 barrels of Agent White and 16,000 barrels of Agent Blue at Bien Hoa airbase; Agent
Orange and Agent White were contaminated with dioxin; Agent Blue was not, but contained
arsenic. The joint study determined that approximately 250,000 m3 of soil at Bien Hoa airbase
would require decontamination with an estimated cost of at least $250 million.
Table 5. Bien Hoa Remediation Alternatives Considered by USAID Environmental
Assessment
Estimated Cost
Estimated Cost: Base
Alternative
Description
and Range
1
No action
none
2A
Containment in active or passive landfil
$126 mil ion;
$75 mil ion-$221 mil ion
2B
Containment using solidification/stabilization
$202 mil ion;
$121 mil ion-$354 mil ion
3
Treat all soil and sediment above 2,500 ppt; contain all soil and
$226 mil ion;
sediment above MND-approved dioxin limits and below 2,500 ppt
$135 mil ion-$395 mil ion
4
Treat all soil and sediment above 1,200 ppt; contain all soil and
$377 mil ion;
sediment above MND-approved dioxin limits and below 1,200 ppt
$226 mil ion-$660 mil ion
5A
Treat all soil and sediment above MND-approved dioxin limits
$666 mil ion;
using incineration/ex situ thermal treatment
$400 mil ion-$1.2 billion
5B
Treat all soil and sediment above MND-approved dioxin limits
$539 mil ion;
using ex situ thermal conductive heating
$323 mil ion-$943 mil ion
5C
Treat all soil and sediment above MND-approved dioxin limits
$600 mil ion;
using mechano-chemical destruction
$360 mil ion-$1.1 bil ion

68 The study was conducted in 2011 with funding provided by the Ford Foundation. Data on Bien Hoa airbase in this
section largely come from Hatfield’s report, Environmental and Human Health Assessment of Dioxin Contamination at
Bien Hoa Airbase, Viet Nam: Final Report, August 2011.
69 Ministry of Natural Resources and Environment, Office 33, and UNDP, Comprehensive Report: Agent
Orange/Dioxin Contamination at Three Hotspots: Bien Hoa, Da Nang and Phu Cat Airbases, November 2013.
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Source: USAID, Environmental Assessment of Dioxin Contamination at Bien Hoa Airbase, May 6, 2016, Table D1.
Notes: Estimate cost range provides for variance of 40% below to 75% above based estimated cost; MND—
Ministry of National Defence.
The report determined that an estimated 408,500 to 495,300 m3 of contaminated soils and
sediments are located on or nearby the airbase, or about 2.5-3.0 times as much as was treated at
Danang airport. Five different treatment methods were considered, ranging from containment to
in-pile thermal desorption (the method that was used in Danang). The estimated costs of the five
methods ranged from $126 million (for containment in a landfill) to $666 million (using
incineration and ex situ thermal treatment). The report noted, however, that these estimated costs
may vary from 40% less to 75% more than the stated amounts, expanding the possible range to
between $75 million and $1.1 billion.
In September 2013, USAID contracted CDM International Inc. to conduct an environmental
assessment of the Bien Hoa airbase to examine a number of dioxin remediation alternatives.
CDM International Inc. partnered with Hatfield Consulting on the project. In May 2016, USAID
released the final environmental assessment report.70
Remediation Project
In September 2017, Vietnam’s Ministry of National Defence (MND) announced work on
infrastructure construction for the dioxin decontamination of Bien Hoa airport.71 The
construction, with a reported budget of $11.8 million, included demining operations, road
construction, and removing facilities from contaminated areas. According to spokesperson for the
MND, more than 500,000 m3 need to be treated, a greater amount than identified in the USAID
environmental assessment.72
On January 23, 2018, USAID and Vietnam’s Ministry of National Defence signed a
memorandum of intent (MOI) to begin the decontamination of Bien Hoa airport.73 U.S.
Ambassador to Vietnam Daniel J. Kritenbrink reportedly said at the MOI signing ceremony, “The
United States looks forward to working with the Ministry of National Defence on this important
initiative, deepening our partnership further, and building a prosperous future for both our
countries.”74 The MOI committed the two nations to work together to design a remediation
program for the Bien Hoa airport.
USAID and the Ministry of National Defence signed a five-year, $183 million nonrefundable aid
agreement on May 11, 2018, for the decontamination of Bien Hoa airport.75 At the time of the
signing of the agreement, the project was projected to take 10 years at an estimated cost of $390
million. Approximately 500,000 cubic meters of soil, or nearly 50 hectares (123 acres) of land,
are to be decontaminated.

70 USAID, Environmental Assessment of Dioxin Contamination at Bien Hoa Airbase, May 3, 2016.
71 “Infrastructure Built to Tackle Dioxin Contamination at Bien Hoa Airport,” Vietnamnet, September 17, 2017.
72 Phuoc Tuan, “Vietnam to Spend $12m in Preparing Former US Air Base for Dioxin Cleanup Campaign,” VN
Express, September 18, 2017.
73 USAID, “United States and Vietnam Sign Memorandum of Intent to Begin Dioxin Remediation at Bien Hoa,” press
release, January 23, 2018.
74 “Vietnam, US Begin Agent Orange Cleanup at Former Wartime Air Base,” VN Express, January 24, 2018.
75 Mai An, “Dioxin Cleanup Project Kicked Off in Bien Hoa Airport,” Saigon Online, May 12, 2018.
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Figure 3. Bien Hoa Airbase
Known areas requiring remediation and handed over to USAID

Source: CRS, based on information provided by USAID.

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U.S. Agent Orange/Dioxin Assistance to Vietnam

In September 2018, the Ministry of National Defence signed a memorandum of understanding
(MOU) with the Japanese general contractor, Shimizu Corporation, to construct a
decontamination factory at Bien Hoa airbase.76 The factory reportedly will decontaminate the soil
by a filtered sponge technique (more generally known as “soil washing”) and be capable of
decontaminating up to 40 tons of soil per hour. This technique is designed to separate over 90%
of the dioxin in contaminated soil into a highly concentrate filter cake and would be less harmful
to the environment than thermally treating the entire soil mass. The new technique was expected
to cost about half as much as the in-pile thermal desorption used at Danang airport. According to
USAID, test results provided by Shimizu did not achieve the expected level of separation or
estimated cost savings.77 USAID says Shimizu Corporation is conducting another test, this time
along with thermal conductive heating, seeking better results.
A news report of the MOU with Shimizu also stated that there were 28 potential dioxin hot spots
in Vietnam, including Danang airport and the Bien Hoa airbase.78 According to the article, the
Bien Hoa airbase is the most contaminated hot spot, with 850,000 tons of contaminated soil.
Then-U.S. Secretary of Defense Jim Mattis visited Bien Hoa airport on October 17, 2018. During
his tour of the former Agent Orange storage site, Secretary Mattis reportedly said, “We had
promised to help … so this is America keeping her promise to remediate some of the past.”79 He
also reportedly stated prior to the visit, “I just want to get eyes on [the site] so when I go back and
talk to Congress, I can tell them my impression with actually having seen the site.”80
In March 2019, USAID awarded a $33 million, 3.5 year contract to Trigon Associates, a woman-
owned company based in New Orleans, to create a “Project Masterplan” for the cleanup of the
Bien Hoa airbase.81 Trigon is to provide architectural and engineering services, including
recommending which of the alternative remediation techniques to use. According to Trigon, the
company will also serve as a strategic and technical advisor during the implementation of the
cleanup project.82
On April 20, 2019, USAID and Office 701 cohosted a ribbon-cutting ceremony at Bien Hoa
airbase to officially launch the cleanup project. Attending the ceremony on behalf of the U.S.
government were Ambassador Kritenbrink and nine Senators.83 Vietnam’s government was
represented by Deputy Prime Minister Truong Hoa Binh, Deputy Minister of Defense Nguyen
Chi Vinh, and Vice Chief of Air Defense Major General Major General Major General Bui Anh

76 Phuong Nguyen, “Vietnam to Try Safer Way to Clean Up Agent Orange Hotspots,” VN Express, September 5, 2018.
77 CRS correspondence with USAID, April 7, 2020.
78 Phuong Nguyen, “Vietnam to Try Safer Way to Clean Up Agent Orange Hotspots,” VN Express, September 5, 2018.
The 28 potential hot spots mentioned in the article are likely based on the 2006 study by Hatfield (Hatfield Consultants,
Identification of New Agent Orange /Dioxin, January 2006). In that study, Hatfield identified the following 28 former
U.S. military installations as potential dioxin hot spots. See shaded text box, “Potential Agent Orange/Dioxin Hot Spots
in Vietnam,” for a list of the 28 locations.
79 “Mattis Visits Agent Orange Cleanup Site at Bien Hoa,” Asia Times, October 17, 2018.
80 Ibid.
81 USAID, “Louisiana-Based, Woman-Owned Small Business to Lead Design of Clean-Up of Largest Remaining
Dioxin Hotspot in Vietnam,” press release, March 29, 2019.
82 Trigon Associates, “Trigon Associates Awarded $33 Million USAID Vietnam Dioxin Remediation Project at Bien
Hoa Airbase,” press release, March 11, 2019.
83 The nine Senators were Tammy Baldwin (D-WI), Mazie Hirono (D-HI), Tim Kaine (D-VA), Patrick Leahy (D-VT),
Lisa Murkowski (R-AK), Rob Portman (R-OH), Debbie Stabenow (D-MI), Tom Udall (D-NM), and Sheldon
Whitehouse (D-RI).
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Chung. At the time, it was estimated that the project would take 10 years at a cost of $390
million.84
On November 1, 2019, the Ministry of National Defence (MND) released 37 hectares (91 acres)
of land at Bien Hoa airbase to USAID as part of the joint cleanup project, and on December 5,
2019, MND and USAID held a formal ground breaking ceremony to initiate operations.85 The
initial work on the project will focus on the elimination of further dioxin contamination to areas
outside the airbase. The United States has committed $300 million to cleanup Bien Hoa airbase.
The first phase of the environmental remediation is targeted to cleanse 150,000 m3 of the
estimated 500,000 m3 of contaminated soil and sediment by 2025.
Unresolved Issues
Although preliminary work on the environmental remediation of Bien Hoa airbase is underway,
several critical issues for the project remain unresolved. Several assessments of the level of
contamination have estimated a similar amount of soil and sediment requiring remediation,
approximately 500,000 m3. If the experience at Danang airport is any indication, that amount may
increase as excavation and contamination testing proceeds.86
In addition, no final decision has been made on what remediation technique or techniques is/are
to be used. Trigon Associates was expected to make its recommendations before the end of 2020,
but it is up to USAID, Office 701, MND, MONRE, and Ministry of Science and Technology
(MOST) to decide what remediation methods will be used. In previous meetings, USAID and the
Vietnamese authorities tentatively agreed that thermal desorption is most likely the best treatment
approach to satisfy the agreed project selection criteria. USAID has indicated that a final Master
Plan is nearing completion, “including the selection of treatment technology and standards
applied to contaminated soil that will be stored vs. treated.”87
Once the remediation method(s) have been chosen, the estimated overall cost of the project will
be determined to a certain extent. Various factors, such as weather, unknown issues with the
removal and transportation of contaminated soil and sediment, and implementation problems
could increase the remediation costs above the preliminary estimates.
USAID has pledged $300 million over 10 years for the remediation of Bien Hoa airbase. Since
FY2017, Congress has appropriated up to $125 million for the Bien Hoa project, and USAID has
obligated at least $61 million for the cleanup of the airbase. To meet USAID’s commitments,
Congress would need to appropriate at least $175 million over the next six fiscal years for the
environmental remediation of Bien Hoa airbase. If the overall cost of the project were to increase,
however, USAID and Congress may face pressure to provide additional funding.
Issues Before Congress
Congressional interest in Agent Orange/dioxin in Vietnam has largely been focused on two issues.
The first issue is determining the appropriate amount and type of assistance to provide to address

84 USAID, “United States and Vietnam Agree on the Roadmap for Dioxin Remediation at Largest Hotspot in
Vietnam,” press release, September 13, 2019.
85 Nguyen Quy, “Vietnam, US Commence Dioxin Remediation at Bien Hoa Airbase,” VN Express, December 5, 2019.
86 In its 2016 environmental assessment, USAID used more robust soil sampling and modeling techniques than were
used at Danang Airport, which USAID expects will reduce the variation in the final amount of soil and sediment that
will require decontamination.
87 CRS communications with USAID, December 23, 2020.
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the environmental damage and the health effects of dioxin contamination in Vietnam. The second
issue is oversight of how such assistance has been utilized by the State Department and USAID.
Funding Assistance
Congress and previous Administrations have demonstrated a common interest in providing
assistance to address the environmental remediation of Agent Orange and dioxin in Vietnam; the
Trump Administration has indicated its support for the Agent Orange projects in Vietnam. The
State Department regularly has requested funding for decontamination of dioxin hot spots in
Vietnam in its budget request to Congress. This commitment has continued with the remediation
of Bien Hoa airbase, although its overall cost remains uncertain.
As described above, Congress has generally appropriated funds for health and disability services
for persons residing in areas sprayed by Agent Orange and otherwise contaminated with dioxin.
The State Department and USAID have utilized those funds for various programs for persons
with disabilities regardless of the cause. In many, but not all, cases, those programs were
conducted in locations near known Agent Orange hot spots.
The Consolidated Appropriations Act, 2021 (P.L. 116-260) continued the past practice of
designating funds for health and disability services for places contaminated with Agent
Orange/dioxin, as well as for dioxin remediation.
Based on the record for previous appropriations, these funds are unlikely to be obligated by
USAID before the end of FY2021, and possibly not until the latter half of FY2022.
No Vietnam-related legislation has been introduced in the 117th Congress as of the writing of this
report. A bill was introduced in the 116th Congress that would have stipulated U.S. policy
regarding the funding of health care assistance to Vietnamese nationals exposed to Agent Orange
and dioxin. Similar legislation could be introduced in the 117th Congress.
The Victims of Agent Orange Relief Act of 2019 (H.R. 326, 116th Congress) would have directed
“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.” Section 3 would have required the Secretary of State to “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.” “Covered individuals” is defined as Vietnamese residents affected by
health issues related to their exposure to Agent Orange between January 1, 1961, and May 7,
1975, or is “the child or descendant of an individual” who was exposed to Agent Orange during
the designated time period.
Under Section 3, the Secretary of State would also have been required to provide assistance “to
repair and rebuild substandard homes in Vietnam for covered individuals and the families of
covered individuals.” Section 4 would require the Secretary of State and the Secretary of Veterans
Affairs to “identify and provide assistance to support research relating to health issues of
individuals affected by Agent Orange.”
Section 3 also would have required the Secretary of State to provide assistance to “institutions in
Vietnam that provide health care for covered individuals,” and to “remediate those geographic
areas of Vietnam that the Secretary determines contain high levels of Agent Orange.” The section
further states, “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.”
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Section 8 stated, “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.”
Oversight of Assistance
Beyond determining the level of funding for environmental remediation and the provision of
health services to Agent Orange/dioxin-contaminated locations in Vietnam, Congress has
overseen the utilization of appropriated funds. With regard to environmental remediation,
congressional oversight has focused on the rising cost of the cleanup effort at Danang airport, and
the potential implications for funding for the proposed cleanup of Bien Hoa. With regard to
USAID’s provision of related health services, congressional oversight has focused on what some
Members perceive to be a slow pace at which available funds are being obligated and changes in
USAID’s approach to administering those funds.
As noted above, the estimated total cost of the environmental remediation of Danang airport rose
from $33.7 million in 2010 to $116 million. Members could point to cost overruns at Danang
airport when Congress looks ahead to possibly funding a similar environmental remediation
project at Bien Hoa airport, where a USAID study indicated that approximately 500,000 m3 of
soil—about four to five times the amount at Danang—is contaminated.
Although the Danang airport cleanup experienced rising costs and delays, USAID was able to
keep the project going with the additional funding provided by Congress. USAID has not been as
successful in utilizing the funds provided for health services to areas contaminated with Agent
Orange/dioxin. According to information provided by USAID, 63.5% of the funds appropriated in
FY2011 to FY2017 have been obligated. In addition, USAID’s approach to utilizing health
services funds has shifted from direct obligation by USAID, to establishing a cooperative
agreement with a contractor to administer the funds, and back again to direct obligation by
USAID. Some also question whether the health services funds are being used effectively, and in
accordance with congressional priorities. The specific language in Section 7043(h)(2) of
Consolidated Appropriations Act, 2019 (P.L. 116-6) and H.R. 326 regarding health and/or
disability assistance to Vietnam may in part reflect congressional dissatisfaction with State
Department and USAID management of previously appropriated funds.
Scope of Future Assistance
The governments of the United States and Vietnam agree that there are three major Agent
Orange/dioxin hot spots in Vietnam—Bien Hoa airbase, Danang airport, and Phu Cat airbase.
Danang airport has been successfully remediated and the cleanup of Bien Hoa airbase in
underway. Vietnam’s Ministry of National Defence has previously indicated that it had completed
the cleanup of Phu Cat airbase. There is, however, the possibility of more, smaller contaminated
former U.S. airbases that could require environmental remediation.
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The 2006 report by Hatfield Consulting
identified 28 potential dioxin hot spots from
Potential Agent Orange/Dioxin Hot
among 2,735 former U.S. or Army of the
Spots in Vietnam
Republic of Vietnam (ARVN) military
As identified by Hatfield Consultants
installations that may have been used during

A Shau Airfield
Operation Ranch Hand and other herbicide

Bac Lieu Airfield
programs during the Vietnam War (see shaded

box).

Bien Hoa Airfield
88 This list included Bien Hoa, Danang, and
Phu Cat. An official in Vietnam’s Ministry of

Bien Hoa (Spartan) Heliport/ Bien Hoa
Heliport/ Long Binh Ammo Supply Heliport
Foreign Affairs has indicated that the

government of Vietnam would like U.S.

Can Tho Airfield
assistance in conducting investigations of each

Chu Lai Airfield
of the remaining 25 potential hot spots to

Da Nang Army Depot
determine if any environmental remediation is

Da Nang Harbour
required.89

Da Nang/Marble Mountain Airfield / Da Nang
Airfield / Da Nang Heliport
In addition to possible additional environmental

remediation projects, there is also the issue of

Khe Loi Lake dump site
providing health care and support for

Long Binh Depot Heliport
Vietnamese nationals with medical conditions

Long My Depot
and disabilities associated with exposure to

Nha Trang Navy Base/ Nha Trang Naval
Agent Orange/dioxin. The government of
Facilities
Vietnam estimate that 3-4 million people in

Nhon Co Airfield
Vietnam have medical conditions or disabilities

Nui Ba Ra Airfield
attributable to Agent Orange/dioxin exposure.

Phan Rang Airfield
The U.S. government has made it clear that it

Phu Bai Army Airfield/ Phu Bai/ Hue Airfield
does not intend to finance the medical treatment

Phu Cat 2 Airfield
and care for all of these alleged victims, but has

Pleiku Area Airfield/ Pleiku Airfield
demonstrated a willingness to provide some

assistance for support for the disabled and their

Pleiku POL Depot/ Pleiku Storage Depot
families in Vietnam. How long and to what

Qui Nhon Army Depot
degree the United States may continue to

Song Be/Nui Ba Ra Airfield
provide such assistance is an issue that Congress

Ta Con Airfield
may address in the future.

Tan Canh Airfield/ Dak To

Tan Son Nhut Airbase

Tuy Hoa North Airfield

Tuy Hoa South Airfield

Xuan Loc City Airfield/ Xuan Loc Airfield

88 Hatfield Consultants, Identification of New Agent Orange / Dioxin Contamination Hot Spots in Southern Viet Nam,
January 2006.
89 CRS communication with Ministry of Foreign Affairs, March 6, 2020.
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Appendix. Text of Public Laws Appropriating Funds
for Environmental Remediation and Health and
Disability Services in Vietnam
Congress has included language in legislation indicating that it is appropriating funds for
environmental remediation and health and disability services in Vietnam. In most cases, the
precise amounts appropriated have been stipulated in either an accompanying report or
explanatory statement. The table below provides the relevant text in the public law, as well as the
associated language in the accompanying report or explanatory statement.
Table A-1. Public Law and Relevant Text of Appropriations for
Agent Orange/Dioxin-Related Activities in Vietnam
Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
P.L. 110-28
Sec. 3807. (a) Funds provided in this Act for the H.Rept. 110-107: The conference agreement
fol owing accounts shall be made available for
includes $3,000,000 for environmental
countries, programs and activities in the
remediation and health activities in Vietnam,
amounts contained in the respective tables and
instead of $3,200,000 as proposed by the
should be expended consistent with the
Senate. The House did not include a similar
reporting requirements and directives included
provision. The conferees endorse language in
in the joint explanatory statement
the Senate report [S.Rept. 110-37; see also CRS
accompanying the conference report on H.R.
Report RL34761, Vietnamese Victims of Agent
1591 of the 110th Congress (H.Rept. 110-107).
Orange and U.S.-Vietnam Relations, by Michael F.
Martin] regarding this matter, and stipulate that
prior to the obligation of these funds the
Committees on Appropriations be consulted
on the planned use of the funds. The conferees
recommend that these funds be matched, to
the maximum extent possible, with
contributions from other public and private
sources.
S.Rept. 110-37: The committee recommends
$3,200,000 for the remediation of dioxin
contaminated sites in Vietnam, and to support
health programs in communities near those
sites.
P.L. 111-8
Sec. 7071. (h) Vietnam.—Notwithstanding any
Joint Committee Print (Division H): Vietnam.—
other provision of law, funds appropriated
The bil provides $15,000,000 for assistance for
under the heading “Development Assistance’’ in Vietnam, which should focus on judicial and
this Act may be made available for programs
economic reform programs to strengthen the
and activities in the central highlands of
rule of law, protect human rights, and expand
Vietnam, and shall be made available for
economic opportunities. Of this amount,
environmental remediation and related health
$3,000,000 is provided to continue
activities in Vietnam.
environmental remediation of dioxin
contamination at the Danang Airport and
related health activities in nearby communities
in Vietnam.
P.L. 111-117 Sec. 7071. (j) Vietnam—Funds appropriated by
H.Rept. 111-366: Vietnam.—The conference
this Act that are made available for assistance
agreement provides not less than $3,000,000
for Vietnam for remediation of dioxin
for environmental remediation of dioxin
contaminated sites and related health activities
contaminated sites and related health activities
may be made available for assistance for the
in Vietnam, including through Vietnamese
institutions and organizations. The conferees
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
Government of Vietnam, including the military,
direct the USAID Administrator to consult with
for such purposes.
the Committees on Appropriations prior to the
obligation of funds for these purposes.
P.L. 111-212 Sec. 1002. (a) Funds appropriated in this
S.Rept. 111-188: Vietnam.—The committee
chapter for the fol owing accounts shall be
recommends $12,000,000 for assistance for
made available for programs and countries in
Vietnam to support the remediation of dioxin
the amounts contained in the respective tables
contamination at the Danang Airport, which
included in the report accompanying this Act:
poses extreme risks to human health and
(1) “Diplomatic and Consular Programs’’.
welfare, and related health activities.
(2) “Economic Support Fund.”
(3) “International Narcotics Control and
Law Enforcement.”
(b) <<NOTE: Notification.>> For the
purposes of implementing this section,
and only with respect to the tables
included in the report [S.Rept. 111-188]
accompanying this Act, the Secretary of
State and the Administrator of the United
States Agency for International
Development, as appropriate, may
propose deviations to the amounts
referred in subsection (a), subject to the
regular notification procedures of the
Committees on Appropriations and
section 634A of the Foreign Assistance
Act of 1961.
P.L. 112-10
Sec. 2120.(c) Division F of Public Law 111-117

shall be applied to funds appropriated by this
division under the heading “Bilateral Economic
Assistance, Funds Appropriated to the
President, Economic Support Fund”—
2) by adding at the end before the period the
fol owing:
“Provided further, That funds appropriated
under this heading may be made available
for activities to support the economic and
social development and reconciliation
goals of Public Law 99-415, and should not
be made available for a contribution:
Provided further, That not less than
$15,500,000 of the funds appropriated
under this heading should be made
available for remediation activities, and not
less than $3,000,000 should be made
available for related health activities,
referenced in section 7071(j) of this Act.”
P.L. 112-74
Sec. 7044. (h) Vietnam.—Funds appropriated
H.Rept. 112-331: Vietnam.—The conferees
under the heading ‘‘Economic Support Fund’
recommend not less than $5,000,000 under this
shall be made available for remediation of
heading be made available for health/disability
dioxin contaminated sites in Vietnam and may
activities in areas in Vietnam that were targeted
be made available for assistance for the
with Agent Orange or remain contaminated
Government of Vietnam, including the military,
with dioxin. The conferees endorse Senate
for such purposes, and funds under the heading
report language on consultation and the
‘ Development Assistance’’ shall be made
development of a multi-year plan.
available for related health/disability activities.
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
Vietnam.—The conferees recommend not less
than $15,000,000 for environmental
remediation of dioxin contamination at the
Danang and Bien Hoa airports and other
severely contaminated sites.
P.L. 113-6
Division F—The fol owing sums are hereby

appropriated, out of any money in the Treasury
not otherwise appropriated, and out of
applicable corporate or other revenues,
receipts, and funds, for the several
departments, agencies, corporations, and other
organizational units of Government for fiscal
year 2013, and for other purposes, namely:
TITLE I. GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be
necessary, at the level specified in subsection
(c) and under the authority and conditions
provided in applicable appropriations Acts for
fiscal year 2012, for projects or activities
(including the costs of direct loans and loan
guarantees) that are not otherwise specifically
provided for, and for which appropriations,
funds, or other authority were made available
in the fol owing appropriations Acts:
(b) The Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2012 (division I of Public
Law 112–74).
(c) The level referred to in subsection (a) shall
be the amounts appropriated in the
appropriations Acts referred to in such
subsection, including transfers and obligation
limitations, except that such level shall be
calculated without regard to any rescission or
cancellation of funds or contract authority….
P.L. 113-76
Sec. 7043. (g) Vietnam.—Funds appropriated by Explanatory Statement: The agreement includes
this Act under the heading “Economic Support
$22,000,000 under Economic Support Fund for
Fund” shall be made available for remediation
environmental remediation of dioxin
of dioxin contaminated sites in Vietnam and
contamination in Vietnam and an additional
may be made available for assistance for the
$7,000,000 under this heading for health and
Government of Vietnam, including the military,
disability programs in areas sprayed with Agent
for such purposes, and funds appropriated
Orange or otherwise contaminated by dioxin.
under the heading “Development Assistance”
shall be made available for health/disability
activities in areas sprayed with Agent Orange
or otherwise contaminated with dioxin.
P.L. 113-235 Sec. 7043. (h) Vietnam.—Funds appropriated by Explanatory Statement: [In table listing
this Act under the heading “Economic Support
allocation of Economic Support Fund (in
Fund” shall be made available for remediation
thousands of dol ars)] Vietnam (Environmental
of dioxin contaminated sites in Vietnam and
Remediation of dioxin) - $15,000
may be made available for assistance for the
The agreement provides $2,507,001,000 for
Government of Vietnam, including the military,
Development Assistance.
for such purposes, and funds appropriated
under the heading “Development Assistance”
Vietnam.—Funds made available under this
shall be made available for health/disability
heading for assistance for Vietnam for
health/disability activities should prioritize
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
activities in areas sprayed with Agent Orange
assistance for individuals with severe upper or
or otherwise contaminated with dioxin.
lower body mobility impairment and/or
cognitive or developmental disabilities.
[In table listing allocation of Development
Assistance (in thousands of dol ars)] Vietnam
health/disability programs - $7,500
P.L. 114-113 Sec. 7043. (g) VIETNAM.—
Explanatory Statement: In implementing this
(1) DIOXIN REMEDIATION.—Funds
agreement, Federal departments, agencies,
appropriated by this Act under the heading
commissions, and other entities are directed to
‘ Economic Support Fund’ shall be made
comply with the directives, reporting
available for remediation of dioxin
requirements, and instructions contained in
contaminated sites in Vietnam and may be
H.Rept. 114-154 (House report) accompanying
made available for assistance for the
H.R. 2772 (House bil ) and S.Rept. 114-79
Government of Vietnam, including the military,
(Senate report) accompanying S. 1725 (Senate
for such purposes.
bil ) as though stated in this explanatory
statement, unless specifically directed to the
(2) HEALTH AND DISABILITY PROGRAMS.—
contrary.
Funds appropriated by this Act under the
heading ‘‘Development Assistance’’ shall be
Vietnam.—The agreement supports funds
made available for health and disability
under Economic Support Fund to continue the
programs in areas sprayed with Agent Orange
DNA forensic technology program to identify
and otherwise contaminated with dioxin, to
Vietnamese persons missing-in-action. The
assist individuals with severe upper or lower
agreement provides funds under Economic
body mobility impairment and/or cognitive or
Support Fund to support the environmental
developmental disabilities.
remediation of dioxin contamination at the Bien
Hoa Airport. The Department of Defense is
strongly encouraged to contribute funds for
this project, which is expected to further
United States-Vietnam relations.
S.Rept. 114-79: Vietnam—The committee
recommends $7,000,000 for assistance for
Vietnam under this heading for health/disability
programs in areas sprayed with Agent Orange
or otherwise contaminated by dioxin, to
address the mobility, psycho-social, vocational,
and other needs of persons with severe upper
and lower body mobility impairment and/or
cognitive or developmental disabilities. In order
to minimize administrative costs and maximize
impact in the field, the committee intends that,
to the maximum extent practicable,
health/disability funds shall be implemented by
Vietnamese organizations and entities.
Vietnam—The committee recommends not
less than $25,000,000 under this heading for
environmental remediation of dioxin
contamination at the Da Nang and Bien Hoa
Airports.
P.L. 115-31
Section 7043(h) Vietnam—

(1) DIOXIN REMEDIATION—
Notwithstanding any other provision of law, of
the funds appropriated by this Act under the
heading ‘Economic Support Fund’, not less than
$20,000,000 shall be made available for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be
made available for assistance for the
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
Government of Vietnam, including the military,
for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS—
Of the funds appropriated by this Act under
the heading ‘Development Assistance’, not less
than $10,000,000 shall be made available for
health and disability programs in areas sprayed
with Agent Orange and otherwise
contaminated with dioxin, to assist individuals
with severe upper or lower body mobility
impairment and/or cognitive or developmental
disabilities.
P.L. 115-141 Section 7043(g) Vietnam—

(1) DIOXIN REMEDIATION- Notwithstanding
any other provision of law, of the funds
appropriated by this Act under the heading
‘Economic Support Fund’, not less than
$20,000,000 shall be made available for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be
made available for assistance for the
Government of Vietnam, including the military,
for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS-
Of the funds appropriated by this Act under
the heading ‘Development Assistance’, not less
than $10,000,000 shall be made available for
health and disability programs in areas sprayed
with Agent Orange and otherwise
contaminated with dioxin, to assist individuals
with severe upper or lower body mobility
impairment or cognitive or developmental
disabilities.
Sec. 8132. Notwithstanding any other provision
of law, from funds made available to the
Department of Defense in title II of this Act
under the heading “Operation and
Maintenance, Defense-Wide,” $15,000,000 shall
be available for a project in a country
designated by the Secretary of Defense:
Provided, That in furtherance of the project the
Department of Defense is authorized to
acquire services, including services performed
pursuant to a grant agreement, from another
Federal agency, on an advance of funds or
reimbursable basis: Provided further, That an
order for services placed under this section is
deemed to be an obligation in the same manner
that a similar order placed under a contract
with a private contractor is an obligation.
P.L. 115-232 SEC. 1052. AUTHORITY TO TRANSFER

FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) TRANSFER AUTHORITY.—
Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense
may transfer to the Secretary of State, for use
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
by the United States Agency for International
Development, amounts to be used for the Bien
Hoa dioxin cleanup in Vietnam.
(b) LIMITATION ON AMOUNTS.—Not more
than $15,000,000 may be transferred in fiscal
year 2019 under the authority in subsection (a).
(c) SOURCE OF FUNDS.—The Secretary of
Defense may transfer funds appropriated to the
Department of Defense for ‘‘Operation and
Maintenance, Defense-wide’’ under the
authority in subsection(a).
(d) ADDITIONAL TRANSFER
AUTHORITY.—The transfer authority
provided under subsection (a) is in addition to
any other transfer authority available to the
Department of Defense.
P.L. 116-6
Section 7043(h) Vietnam—

(1) DIOXIN REMEDIATION.—
Notwithstanding any other provision of law, of
the funds appropriated by this Act under the
heading “Economic Support Fund,” not less
than $20,000,000 shall be made available for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be
made available for assistance for the
Government of Vietnam, including the military,
for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS.—
Of the funds appropriated by this Act under
the heading “Development Assistance,” not less
than $12,500,000 shall be made available for
health and disability programs in areas sprayed
with Agent Orange and otherwise
contaminated with dioxin, to assist individuals
with severe upper or lower body mobility
impairment or cognitive or developmental
disabilities.
(3) RECONCILIATION PROGRAMS.—Funds
appropriated by this Act under the heading
“Economic Support Fund” that are made
available for assistance for Vietnam shall be
made available for reconciliation programs to
address war legacy issues.
P.L. 116-92
SEC. 1260H. AUTHORITY TO TRANSFER

FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) TRANSFER AUTHORITY.—
Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense
may transfer to the Secretary of State, for use
by the United States Agency for International
Development, amounts to be used for the Bien
Hoa dioxin cleanup in Vietnam.
(b) LIMITATION ON AMOUNT.—Not more
than $15,000,000 may be transferred in fiscal
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Public Law
Explanatory Text in Accompanying
Number
Text in Legislation
Report or Explanatory Statement
year 2020 under the transfer authority in
subsection (a).
(c) ADDITIONAL TRANSFER AUTHORITY.—
The transfer authority in subsection (a) is in
addition to any other transfer authority
available to the Department of Defense.
(d) NOTICE ON EXERCISE OF
AUTHORITY.—If the Secretary of Defense
determines to use the transfer authority in
subsection (a), the Secretary shall notify the
congressional defense committees of that
determination not later than 30 days before the
Secretary uses the transfer authority.
P.L. 116-94
SEC. 7043. (i) VIETNAM.—Of the funds

appropriated under titles III and IV of this Act,
not less than $159,634,000 shall be made
available for assistance for Vietnam, of which
not less than—(1) $13,000,000 shall be made
available for health and disability programs in
areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals
with severe upper or lower body mobility
impairment or cognitive or developmental
disabilities;
(2) $20,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be
made available for assistance for the
Government of Vietnam, including the military,
for such purposes; and
(3) $1,500,000 shall be made available for a war
legacy reconciliation program.
P.L. 116-260 Sec. 7043. (i) Vietnam.—Of the funds

appropriated under titles III and IV of this Act,
not less than $169,739,000 shall be made
available for assistance for Vietnam, of which
not less than—
(1) $14,500,000 shall be made available for
health and disability programs in areas sprayed
with Agent Orange and contaminated with
dioxin, to assist individuals with severe upper
or lower body mobility impairment or cognitive
or developmental disabilities;
(2) $19,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be
made available for assistance for the
Government of Vietnam, including the military,
for such purposes; and
(3) $2,500,000 shall be made available for
a war legacy reconciliation program.
Congressional Research Service

41

U.S. Agent Orange/Dioxin Assistance to Vietnam

P.L. 116-283 SEC. 1253. AUTHORITY TO TRANSFER

FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.—Notwithstanding
section 2215 of title 10, United States Code,
the Secretary of Defense may transfer to the
Secretary of State, for use by the United States
Agency for International Development,
amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.
(b) Limitation on Amount.—Not more than
$15,000,000 may be transferred in fiscal year
2021 under the transfer authority in subsection
(a).
(c) Additional Transfer Authority.—The
transfer authority in subsection (a) is in addition
to any other transfer authority available to the
Department of Defense.
(d) Notice on Exercise of Authority.—If the
Secretary of Defense determines to use the
transfer authority in subsection (a), the
Secretary shall notify the congressional defense
committee of that determination not later than
30 days before the Secretary uses the transfer
authority.
Source: CRS research.

Author Information

Michael F. Martin

Specialist in Asian Affairs

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Congressional Research Service
R44268 · VERSION 26 · UPDATED
42

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