[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2494 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2494

  To amend title 38, United States Code, to provide compensation and 
  benefits to children of female Vietnam veterans who were born with 
             certain birth defects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2000

Mr. Rockefeller introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to provide compensation and 
  benefits to children of female Vietnam veterans who were born with 
             certain 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.

    This Act may be cited as the ``Children of Female Vietnam Veterans' 
Benefits Act of 2000''.

SEC. 2. BENEFITS FOR THE CHILDREN OF FEMALE VIETNAM VETERANS WHO SUFFER 
              FROM CERTAIN BIRTH DEFECTS.

    (a) In General.--Chapter 18 of title 38, United States Code, is 
amended by adding at the end the following new subchapter:

``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN 
                             BIRTH DEFECTS

``Sec. 1811. Definitions
    ``In this subchapter:
            ``(1) The term `child', with respect to a female Vietnam 
        veteran, means a natural child of the female Vietnam veteran, 
        regardless of age or marital status, who was conceived after 
        the date on which the female Vietnam veteran first entered the 
        Republic of Vietnam during the Vietnam era (as specified in 
        section 101(29)(A) of this title).
            ``(2) The term `covered birth defect' means each birth 
        defect identified by the Secretary under section 1812 of this 
        title.
            ``(3) The term `female Vietnam veteran' means any female 
        individual who performed active military, naval, or air service 
        in the Republic of Vietnam during the Vietnam era (as so 
        specified), without regard to the characterization of the 
        individual's service.
``Sec. 1812. Birth defects covered
    ``(a) Identification.--Subject to subsection (b), the Secretary 
shall identify the birth defects of children of female Vietnam veterans 
that--
            ``(1) are associated with the service of female Vietnam 
        veterans in the Republic of Vietnam during the Vietnam era (as 
        specified in section 101(29)(A) of this title); and
            ``(2) result in the permanent physical or mental disability 
        of such children.
    ``(b) Limitations.--(1) The birth defects identified under 
subsection (a) may not include birth defects resulting from the 
following:
            ``(A) A familial disorder.
            ``(B) A birth-related injury.
            ``(C) A fetal or neonatal infirmity with well-established 
        causes.
    ``(2) The birth defects identified under subsection (a) may not 
include spina bifida.
    ``(c) List.--The Secretary shall prescribe in regulations a list of 
the birth defects identified under subsection (a).
``Sec. 1813. Benefits and assistance
    ``(a) Health Care.--(1) The Secretary shall provide a child of a 
female Vietnam veteran who was born with a covered birth defect such 
health care as the Secretary determines is needed by the child for such 
birth defect or any disability that is associated with such birth 
defect.
    ``(2) The Secretary may provide health care under this subsection 
directly or by contract or other arrangement with a health care 
provider.
    ``(3) For purposes of this subsection, the definitions in section 
1803(c) of this title shall apply with respect to the provision of 
health care under this subsection, except that for such purposes--
            ``(A) the reference to `specialized spina bifida clinic' in 
        paragraph (2) of such section 1803(c) shall be treated as a 
        reference to a specialized clinic treating the birth defect 
        concerned under this subsection; and
            ``(B) the reference to `vocational training under section 
        1804 of this title' in paragraph (8) of such section 1803(c) 
        shall be treated as a reference to vocational training under 
        subsection (b).
    ``(b) Vocational Training.--(1) The Secretary may provide a program 
of vocational training to a child of a female Vietnam veteran who was 
born with a covered birth defect if the Secretary determines that the 
achievement of a vocational goal by the child is reasonably feasible.
    ``(2) Subsections (b) through (e) of section 1804 of this title 
shall apply with respect to any program of vocational training provided 
under paragraph (1).
    ``(c) Monetary Allowance.--(1) The Secretary shall pay a monthly 
allowance to any child of a female Vietnam veteran who was born with a 
covered birth defect for any disability resulting from such birth 
defect.
    ``(2) The amount of the monthly allowance paid under this 
subsection shall be based on the degree of disability suffered by the 
child concerned, as determined in accordance with a schedule for rating 
disabilities resulting from covered birth defects that is prescribed by 
the Secretary.
    ``(3) In prescribing a schedule for rating disabilities under 
paragraph (2), the Secretary shall establish four levels of disability 
upon which the amount of the monthly allowance under this subsection 
shall be based.
    ``(4) The amount of the monthly allowance paid under this 
subsection shall be as follows:
            ``(A) In the case of a child suffering from the lowest 
        level of disability prescribed in the schedule for rating 
        disabilities under this subsection, $100.
            ``(B) In the case of a child suffering from the lower 
        intermediate level of disability prescribed in the schedule for 
        rating disabilities under this subsection, the greater of--
                    ``(i) $214; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the lowest level of 
                disability prescribed for purposes of that section.
            ``(C) In the case of a child suffering from the higher 
        intermediate level of disability prescribed in the schedule for 
        rating disabilities under this subsection, the greater of--
                    ``(i) $743; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the intermediate level of 
                disability prescribed for purposes of that section.
            ``(D) In the case of a child suffering from the highest 
        level of disability prescribed in the schedule for rating 
        disabilities under this subsection, the greater of--
                    ``(i) $1,272; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the highest level of 
                disability prescribed for purposes of that section.
    ``(5) Amounts under subparagraphs (A), (B)(i), (C)(i), and (D)(i) 
of paragraph (4) shall be subject to adjustment from time to time under 
section 5312 of this title.
    ``(6) Subsections (c) and (d) of section 1805 of this title shall 
apply with respect to any monthly allowance paid under this subsection.
    ``(d) General Limitations on Availability of Benefits and 
Assistance.--(1) No individual receiving benefits or assistance under 
this section may receive any benefits or assistance under subchapter I 
of this chapter.
    ``(2) In any case where affirmative evidence establishes that the 
covered birth defect of a child results from a cause other than the 
active military, naval, or air service in the Republic of Vietnam of 
the female Vietnam veteran who is the mother of the child, no benefits 
or assistance may be provided the child under this section.
    ``(e) Regulations.--The Secretary shall prescribe regulations for 
purposes of the administration of the provisions of this section.''.
    (b) Administrative Provisions.--That chapter is further amended by 
inserting after subchapter II, as added by subsection (a) of this 
section, the following new subchapter:

                ``SUBCHAPTER III--ADMINISTRATIVE MATTERS

``Sec. 1821. Applicability of certain administrative provisions
    ``The provisions of sections 5101(c), 5110(a), (b)(2), (g), and 
(i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and (b)(10) of this 
title shall apply with respect to benefits and assistance under this 
chapter in the same manner as such provisions apply to veterans' 
disability compensation.
``Sec. 1822. Treatment of receipt of monetary allowance on other 
              benefits
    ``(a) Notwithstanding any other provision of law, receipt by an 
individual of a monetary 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 is otherwise entitled under 
any law administered by the Secretary.
    ``(b) Notwithstanding any other provision of law, receipt by an 
individual of a monetary allowance under this chapter shall not impair, 
infringe, or otherwise affect the right of any other individual to 
receive any benefit to which such other individual is entitled under 
any law administered by the Secretary based on the relationship of such 
other individual to the individual who receives such monetary 
allowance.
    ``(c) Notwithstanding any other provision of law, a monetary 
allowance paid an individual under this chapter shall not be considered 
as income or resources in determining eligibility for or the amount of 
benefits under any Federal or Federally-assisted program.''.
    (c) Repeal of Superseded Matter.--Section 1806 of title 38, United 
States Code, is repealed.
    (d) Redesignation of Existing Matter.--Chapter 18 of that title is 
further amended by inserting before section 1801 the following:

 ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''.

    (e) Conforming Amendments.--(1) Sections 1801 and 1802 of that 
title are each amended by striking ``this chapter'' and inserting 
``this subchapter''.
    (2) Section 1805(a) of such title is amended by striking ``this 
chapter'' and inserting ``this section''.
    (e) Clerical Amendments.--(1)(A) The chapter heading of chapter 18 
of that title is amended to read as follows:

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

    (B) The tables of chapters at beginning of that title, and at the 
beginning of part II of that title, are each amended by striking the 
item relating to chapter 18 and inserting the following new item:

``18. Benefits for Children of Vietnam Veterans.............    1801''.
    (2) The table of sections at the beginning of chapter 18 of that 
title is amended--
            (A) by inserting after the chapter heading the following:

 ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA'';

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

``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN 
                             BIRTH DEFECTS

``1811. Definitions.
``1812. Birth defects covered.
``1813. Benefits and assistance.
                ``SUBCHAPTER III--ADMINISTRATIVE MATTERS

``1821. Applicability of certain administrative provisions.
``1822. Treatment of receipt of monetary allowance on other 
                            benefits.''.
    (f) Applicability.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect on the first day of 
the first month beginning more than one year after the date of the 
enactment of this Act.
    (2) The Secretary of Veterans Affairs shall identify birth defects 
under section 1822 of title 38, United States Code (as added by 
subsection (a) of this section), and shall prescribe the regulations 
required by subchapter II of that title (as so added), not later than 
the effective date specified in paragraph (1).
    (3) No benefit or assistance may be provided under subchapter II of 
chapter 18 of title 38, United States Code (as so added), for any 
period before the effective date specified in paragraph (1) by reason 
of the amendments made by this section.
                                 <all>