[Congressional Record Volume 146, Number 58 (Thursday, May 11, 2000)]
[Senate]
[Pages S3917-S3918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself, Mrs. Murray, and Mr. Daschle):
  S. 2544. 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; to the 
Committee on Veterans' Affairs.


        Children of Women Vietnam Veterans' Benefits Act of 2000

 Mr. ROCKEFELLER. Mr. President, on behalf of myself and 
Senator Murray, I wish to introduce a bill, the Children of Women 
Vietnam Veterans' Benefits Act of 2000, which would amend title 38, 
United States Code, to provide compensation and benefits to children 
born with certain birth defects to women Vietnam veterans.
  This bill is essentially similar, except for minor technical 
corrections, to S. 2494, the Children of Female Vietnam Veterans' 
Benefits Act of 2000, which I introduced on May 2, 2000. Mrs. Murray 
had asked to be an original cosponsor of that bill, but through an 
inadvertent clerical error, she was not listed as an original cosponsor 
on the bill when it was printed. I wish to note, for the record, that 
it was her intent to be an original cosponsor of S. 2494.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2544

       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 Women 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

[[Page S3918]]

     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.
                                 ______