[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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