[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Page S12494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SPINA BIFIDA ELIGIBILITY CLARIFIED

  Mr. President, section 404 of the compromise agreement will clarify 
the eligibility--for compensation, health care, and educational 
assistance--of the children with spina bifida born to Vietnam veterans 
exposed to Agent Orange. Currently, the eligibility of the child is 
determined by looking to the veteran father. However, under title 38 of 
the United States Code, a former service member who received a 
dishonorable discharge is generally not considered a veteran, and is 
therefore not eligible for veterans benefits from the VA.
  It was Congress' intention to provide benefits to all Vietnam 
veterans' children with spina bifida. Congress did not mean to exclude 
the children of veterans with dishonorable discharges.
  This provision will clarify the eligibility criteria to include the 
child with spina bifida of a Vietnam veteran regardless of the 
character of his discharge. This is a minor modification in the law, 
but to the children who suffer from spina bifida, these benefits can 
make a significant difference in their lives. These benefits can 
improve their quality of health care, provide educational 
opportunities, and enhance their quality of life. It would be a great 
injustice if these children were denied these benefits because of their 
fathers' discharge status.

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