S112 ENR: To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.
U.S. Senate
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
One Hundred Eighteenth Congress of the United States of America
1st Session
Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twenty three
S. 112
IN THE SENATE OF THE UNITED STATES
AN ACT
To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.
1.

Benefits for certain children of Vietnam veterans and certain other veterans
(a)

Definitions
Section 1831 of title 38, United States Code, is amended—
(1)
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and
(2)
by inserting after paragraph (1) the following new paragraphs:
“(2)
The term covered child means a child who is eligible for health care and benefits under this chapter.
(3)
The term covered veteran means an individual whose children are eligible for health care and benefits under this chapter.”.
(b)

In general
Subchapter IV of chapter 18 of title 38, United States Code, is amended by adding at the end the following new sections:
“1835.

Advisory council
(a)

In general
The Secretary shall establish an advisory council on health care and benefits for covered children.
(b)

Membership
The advisory council established under subsection (a) shall be composed of Federal employees.
(c)

Duties
The advisory council established under subsection (a) shall solicit feedback from covered children and covered veterans on the health care and benefits provided under this chapter and communicate such feedback to the Secretary.
1836.

Care and coordination teams
(a)

In general
The Secretary shall establish care and coordination teams for covered children.
(b)

Outreach
A care and coordination team established under subsection (a) shall attempt to contact each covered child—
(1)
not less frequently than once every 180 days, to ensure the continued care of the child and assist with any changes in care needed due to a changed situation of the child; and
(2)
as soon as practicable after the identification of a condition listed in the report required by subsection (c).
(c)

Report
Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a list of conditions that will trigger outreach to covered children under subsection (b)(2).
1837.

Duration of health care and benefits provided
The Secretary shall provide a covered child with health care and benefits under this chapter—
(1)
for the duration of the life of the child; and
(2)
notwithstanding any death of a parent of the child that precedes the death of the child.
1838.

Biennial report
Not less frequently than once every two years, the Secretary shall submit to Congress a report setting forth the following:
(1)
The number of covered children receiving health care or benefits under this chapter as of the date on which the report is submitted.
(2)
The number of covered children for which the Department is paying for or providing a social worker as of such date.
(3)
Metrics on outreach conducted under section 1836(b) of this title.”.
(c)

Memorandum of understanding
Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Benefits of the Department of Veterans Affairs and the Under Secretary for Health of the Department shall enter into a memorandum of understanding—
(1)
to better assist covered children (as defined in section 1831 of title 38, United States Code, as amended by subsection (a)); and
(2)
to establish conditions to be included in the report required by section 1836(c) of title 38, United States Code, as added by subsection (b).
(d)

Implementation
(1)

Advisory council
Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the advisory council required under section 1835 of title 38, United States Code, as added by subsection (b).
(2)

Care and coordination teams
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the care and coordination teams required under section 1836 of such title, as added by subsection (b).
(e)

Clerical amendment
The table of sections at the beginning of chapter 18 of title 38, United States Code, is amended by adding at the end the following new items:
“1835. Advisory council.
1836. Care and coordination teams.
1837. Duration of health care and benefits provided.
1838. Biennial report.”.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate