[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4488 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4488

To amend title 38, United States Code, to provide benefits for children 
   of women Vietnam veterans who suffer from certain types of birth 
                    defects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2000

 Mr. Evans (for himself, Mr. Filner, Ms. Brown of Florida, Ms. Carson, 
   Mr. Reyes, Mr. Rodriguez, Ms. Berkley, Ms. Baldwin, Mrs. Meek of 
 Florida, Ms. Pelosi, Mr. Abercrombie, Mr. Baird, Mr. Green of Texas, 
 Mr. Holden, Mr. Kennedy of Rhode Island, Mr. Rangel, Mr. Sanders, Ms. 
  Lofgren, and Mr. Gonzalez) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide benefits for children 
   of women Vietnam veterans who suffer from certain types of birth 
                    defects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Women Vietnam 
Veterans' Children's Birth Defects Benefits Act.''
    (b) References to Title 38, United States Code.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 38, United States Code.

SEC. 2. BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM 
              BIRTH DEFECTS.

    Chapter 18 is amended--
            (1) by inserting before section 1801 the following:

``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN 
                          WITH SPINA BIFIDA'';

            (2) by inserting after section 1805 the following new 
        subchapters:

 ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO 
                       SUFFER FROM BIRTH DEFECTS

``Sec. 1811. Definitions
    ``For the purposes of this subchapter--
            ``(1) The term `child' means a natural child of a woman 
        Vietnam veteran, regardless of the child's age or marital 
        status, who was conceived after the date on which the woman 
        Vietnam veteran first entered the Republic of Vietnam during 
        the Vietnam era.
            ``(2) The term `woman Vietnam veteran' means a woman who 
        performed active military, naval, or air service in the 
        Republic of Vietnam during the Vietnam era, without regard to 
        the characterization of the individual's service.
``Sec. 1812. Covered birth defects
    ``(a) This subchapter applies with respect to any birth defect, 
other than spina bifida, which results in a permanent physical or 
mental disability, except for a birth defect determined by the 
Secretary to result from a familial disorder, birth-related injury, or 
fetal or neonatal infirmity with well-established causes. A birth 
defect to which this subchapter applies pursuant to the preceding 
sentence is referred to in this subchapter as a `covered birth defect'.
    ``(b) Where affirmative evidence establishes that a particular 
birth defect suffered by an individual resulted from a cause other than 
the service of the individual's mother in the Republic of Vietnam 
during the Vietnam era, the provision of health care or other benefits 
under this subchapter is not authorized.
``Sec. 1813. Health care
    ``(a) In accordance with regulations the Secretary shall prescribe, 
the Secretary shall provide a child of a woman Vietnam veteran who is 
suffering from a covered birth defect with such health care as the 
Secretary determines is needed by the child for the birth defect or any 
disability that is associated with such condition.
    ``(b) The Secretary may provide health care under this section 
directly or by contract or other arrangement with any health care 
provider.
    ``(c) For the purposes of this section--
            ``(1) The term `health care'--
                    ``(A) means home care, hospital care, nursing home 
                care, outpatient care, preventive care, habilitative 
                and rehabilitative care, case management, and respite 
                care; and
                    ``(B) includes--
                            ``(i) the training of appropriate members 
                        of a child's family or household in the care of 
                        the child; and
                            ``(ii) the provision of such 
                        pharmaceuticals, supplies, equipment, devices, 
                        appliances, assistive technology, direct 
                        transportation costs to and from approved 
                        sources of health care, and other materials as 
                        the Secretary determines necessary.
            ``(2) The term `health care provider' includes health care 
        plans, insurers, organizations, institutions, and any other 
        entity or individual furnishing health care services that the 
        Secretary determines are authorized under this section.
            ``(3) The term `home care' means outpatient care, 
        habilitative and rehabilitative care, preventive health 
        services, and health-related services furnished to an 
        individual in the individual's home or other place of 
        residence.
            ``(4) The term `hospital care' means care and treatment for 
        a disability furnished to an individual who has been admitted 
        to a hospital as a patient.
            ``(5) The term `nursing home care' means care and treatment 
        for a disability furnished to an individual who has been 
        admitted to a nursing home as a resident.
            ``(6) The term `outpatient care' means care and treatment 
        of a disability, and preventive health services, furnished to 
        an individual other than hospital care or nursing home care.
            ``(7) The term `preventive care' means care and treatment 
        furnished to prevent disability or illness, including periodic 
        examinations, immunizations, patient health education, and such 
        other services as the Secretary determines necessary to provide 
        effective and economical preventive health care.
            ``(8) The term `habilitative and rehabilitative care' means 
        such professional, counseling, and guidance services and 
        treatment programs (other than vocational training under 
        section 1804 or 1814 of this title) as are necessary to 
        develop, maintain, or restore, to the maximum extent 
        practicable, the functioning of a disabled person.
            ``(9) The term `respite care' means care furnished on an 
        intermittent basis for a limited period to an individual who 
        resides primarily in a private residence when such care will 
        help the individual to continue residing in such private 
        residence.
``Sec. 1814. Vocational training and rehabilitation
    ``(a) Pursuant to such regulations as the Secretary may prescribe, 
the Secretary may provide vocational training under this section to a 
child of a woman Vietnam veteran who is suffering from a covered birth 
defect if the Secretary determines that the achievement of a vocational 
goal by such child is reasonably feasible.
    ``(b) A program of vocational training for a child under this 
section shall be provided to the same extent and in the same manner as 
a program provided under section 1804 of this title to a child of a 
Vietnam veteran who is suffering from spina bifida and shall be subject 
to the same terms, conditions, and limitations set forth in that 
section.
``Sec. 1815. Monetary allowance
    ``(a) The Secretary shall pay a monthly allowance under this 
subchapter to any child of a woman Vietnam veteran who suffers from a 
disability resulting from a covered birth defect which results in 
permanent impairment of a physical or mental function in such child.
    ``(b)(1) The amount of the allowance paid under this section shall 
be based on the degree of disability suffered by a child, as determined 
in accordance with such schedule for rating disabilities resulting from 
covered birth defects as the Secretary may prescribe.
    ``(2) The Secretary shall, in prescribing the rating schedule for 
the purposes of this section, establish four levels of disability upon 
which the amount of the allowance provided by this section shall be 
based. The levels of disability established shall take into account 
functional limitations, including limitations on cognition, 
communication, motor abilities, activities of daily living, and 
employability.
    ``(3) The amounts of the monthly allowance shall be as follows:
            ``(A) For the lowest level of disability prescribed, $100.
            ``(B) For the first intermediate level of disability 
        prescribed, the greater of $214 or the rate payable for the 
        lowest level of disability under section 1805(b)(3) of this 
        title.
            ``(C) For the second intermediate level of disability 
        prescribed, the greater of $743 or the rate payable for the 
        intermediate level of disability under section 1805(b)(3).
            ``(D) For the highest level of disability prescribed, the 
        greater of $1,272 or the rate payable for the highest level of 
        disability under section 1805(b)(3) of this title.
Such amounts are subject to adjustment under section 5312 of this 
title.

                      ``SUBCHAPTER III--GENERAL'';

            (3) by redesignating section 1806 as section 1821; and
            (4) by adding at the end the following:
``Sec. 1822. Effect of monetary allowance under this chapter on other 
              benefits
    ``(a) Notwithstanding any other provision of law, receipt by an 
individual of an allowance under this chapter shall not impair, 
infringe, or otherwise affect the right of the individual to receive 
any other benefit to which the individual may otherwise be entitled 
under any law administered by the Secretary, nor shall receipt of such 
an allowance impair, infringe, or otherwise affect the right of any 
other individual to receive any benefit to which that individual is 
entitled under any law administered by the Secretary that is based on 
that individual's relationship to an individual who receives an 
allowance under this chapter.
    ``(b) Notwithstanding any other provision of law, the allowance 
paid to an individual under this chapter shall not be considered to be 
income or resources in determining eligibility for or the amount of 
benefits under any Federal or federally assisted program.
``Sec. 1823. Nonduplication of benefits
    ``(a) An individual who is entitled to a monthly allowance under 
both subchapter I and subchapter II of this chapter may not receive 
such benefit under each subchapter concurrently, but shall elect (in 
such form and manner as the Secretary may prescribe) under which 
subchapter to receive such benefit.
    ``(b) An individual may not be provided more than one program of 
vocational training under this chapter.''.

SEC. 3. CLERICAL AND CONFORMING AMENDMENTS.

    (a) Chapter Heading.--(1) The heading of chapter 18 is amended to 
read as follows:

   ``CHAPTER 18--BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS''.

    (2) The item relating to chapter 18 in the tables of chapters 
before part I and at the beginning of part II is amended to read as 
follows:

``18. Benefits for Certain Children of Vietnam Veterans.....    1801''.
    (b) Amendments to Chapter 18.--Chapter 18 is amended--
            (1) by striking ``chapter'' in sections 1801 and 1802 and 
        inserting ``subchapter'';
            (2) by striking ``section 1804'' in section 1803(c)(8) and 
        inserting ``either section 1804 or 1814''; and
            (3) in section 1805--
                    (A) by striking ``chapter'' and inserting 
                ``subchapter''; and
                    (B) by striking subsections (c) and (d).
    (c) Other Amendments.--Section 5312 is amended--
            (1) in subsection (a), by striking ``section 1805'' and 
        inserting ``sections 1805 and 1815''; and
            (2) in subsection (c)(1), by striking ``and 1805'' and 
        inserting ``1805, and 1815''.
    (d) Table of Sections.--The table of sections at the beginning of 
chapter 18 is amended--
            (1) by inserting at the beginning the following:

``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN 
                          WITH SPINA BIFIDA'';

            (2) by striking the item relating to section 1806; and
            (3) by adding at the end the following:

 ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO 
                       SUFFER FROM BIRTH DEFECTS

``1811. Definitions.
``1812. Covered birth defects.
``1813. Health care.
``1814. Vocational training and rehabilitation.
``1815. Monetary allowance.
                       ``SUBCHAPTER III--GENERAL

``1821. Applicability of certain administrative provisions.
``1822. Effect of monetary allowance under this chapter on other 
                            benefits.
``1823. Nonduplication of benefits.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the later of 
October 1, 2000, or the first day of the first month beginning after 
the date of the enactment of this Act.
                                 <all>