[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1541 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1541
To amend title 38, United States Code, to provide the Secretary of
Veterans Affairs authority to furnish certain benefits for certain
diseases occurring in children of Vietnam-era veterans upon a
determination that such diseases have a positive association with
parental exposure to a herbicide agent.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2001
Mr. Evans (for himself, Mr. Reyes, and Ms. Brown of Florida) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide the Secretary of
Veterans Affairs authority to furnish certain benefits for certain
diseases occurring in children of Vietnam-era veterans upon a
determination that such diseases have a positive association with
parental exposure to a herbicide agent.
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 ``Vietnam Veterans Children's
Disability Act''.
SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN OF VIETNAM VETERANS
WITH CERTAIN DISEASES ASSOCIATED WITH PARENTAL EXPOSURE
TO HERBICIDE AGENTS.
(a) Amendments to New Chapter 18.--The amendments made by this
section are made to chapter 18 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1857), and take
effect on--
(1) December 1, 2001 (the effective date of those
amendments); or
(2) if later, the date of the enactment of this Act.
(b) Benefits for Certain Children.--(1) Chapter 18 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER IV--CHILDREN OF VIETNAM VETERANS WITH DISEASES ASSOCIATED
WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS
``Sec. 1831. Definitions
In this subchapter:
``(1) The term `eligible child' means an individual,
regardless of age or marital status, who--
``(A) is the natural child of--
``(i) a Vietnam veteran; or
``(ii) a veteran other than a Vietnam
veteran who, as determined under regulations
prescribed by the Secretary, was exposed before
the child was conceived to herbicides during
active military, naval, or air service; and
``(B) has one or more covered diseases.
``(2) The term `covered disease' means a disease identified
by the Secretary under section 1832 of this title.
``Sec. 1832. Covered diseases
``(a) Identification.--The Secretary shall by regulation identify
diseases occurring in children that have a positive association with
parental exposure to an herbicide agent before the date on which the
child was conceived.
``(b) Diseases To Be Included.--The Secretary shall include acute
myelogenous leukemia in the diseases identified under subsection (a).
``Sec. 1833. Health care
``(a) Needed Care.--The Secretary shall provide an eligible child
such health care as the Secretary determines is needed by the child for
that child's covered diseases or any disability that is associated with
those diseases.
``(b) Authority for Care To Be Provided Directly or by Contract.--
The Secretary may provide health care under this section directly or by
contract or other arrangement with a health care provider.
``(c) Definitions.--For purposes of this section, the definitions
in section 1803(c) of this title shall apply with respect to the
provision of health care under this section, except that for such
purposes--
``(1) the reference to `specialized spina bifida clinic' in
paragraph (2) of that section shall be treated as a reference
to a specialized clinic treating the disease concerned under
this section; and
``(2) the reference to `vocational training under section
1804 of this title' in paragraph (8) of that section shall be
treated as a reference to vocational training under section
1834 of this title.
``Sec. 1834. Vocational training
``(a) Authority.--The Secretary may provide a program of vocational
training to an eligible child if the Secretary determines that the
achievement of a vocational goal by the child is reasonably feasible.
``(b) Applicable Provisions.--Subsections (b) through (e) of
section 1804 of this title shall apply with respect to any program of
vocational training provided under subsection (a).
``Sec. 1835. Monetary allowance
``(a) Monetary Allowance.--The Secretary shall pay a monthly
allowance to an eligible child for any disability resulting from a
covered disease.
``(b) Schedule for Rating Disabilities.--(1) The amount of the
monthly allowance paid under this section 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 diseases that is prescribed by the Secretary.
``(2) In prescribing a schedule for rating disabilities for the
purposes of this section, the Secretary shall establish the levels of
disability upon which the amount of the allowance provided by this
section shall be based. The levels of disability established may take
into account functional limitations, including limitations on
cognition, communication, motor abilities, activities of daily living,
and employability.
``(c) Amount of Monthly Allowance.--(1) The Secretary shall
prescribe the amount of the monthly allowance paid under this section
for each level of disability established in the schedule of rating
disabilities prescribed under subsection (b), except that an allowance
under this section--
``(A) may not be less than the amount in effect under
section 1815(c)(1) of this title; and
``(B) may not be greater than the amount in effect under
section 1815(c)(4) of this title.
``(2)(A) Benefits under this subchapter may be discontinued six
months after the child has recovered fully from the disability.
``(B) For purposes of this paragraph, the term `fully
recovered from the disability' means that no signs or symptoms
of disability are present and no treatment for the disability
is warranted.
``(3) Benefits under this subchapter may be paid for any
secondary disability which results from any disability
associated with exposure to a herbicide or any disability
resulting from treatment for such disability.
``(d) Indexing to Social Security Benefit Increases.--Amounts paid
under subsection (c) shall be subject to adjustment from time to time
under section 5312 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``subchapter iv--children of vietnam veterans with diseases associated
with parental exposure to herbicide agents
``1831. Definitions.
``1832. Covered diseases.
``1833. Health care.
``1834. Vocational training.
``1835. Monetary allowance.''.
(c) Definition of Vietnam Veteran.--Section 1821(3)(A) of such
title is amended by striking ``subchapter I'' and inserting
``subchapters I and IV''.
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