[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[House]
[Pages H4361-H4362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER
VETERANS
Mr. BOST. Madam Speaker, I move to suspend the rules and pass the
bill (S. 112) to amend title 38, United States Code, to strengthen
benefits for children of Vietnam veterans born with spina bifida, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 112
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 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:
``Sec. 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.
``Sec. 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).
``Sec. 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.
``Sec. 1838. Biennial report
``Not less frequently than once every two years, the
Secretary shall submit to Congress a report setting forth the
following:
[[Page H4362]]
``(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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
S. 112.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of Senator Braun of Indiana's
bill, S. 112, which strengthens the spina bifida program at VA.
Children who are born to veterans exposed to Agent Orange and other
herbicides have a higher risk of being born with this condition. Their
condition can range from mild to severe, but children faced with this
lifelong impact of spina bifida have many special needs.
Under current law, the VA Spina Bifida Health Care Benefits Program
provides monetary and healthcare benefits to select children of
Vietnam-era veterans and veterans of covered service in Korea or
Thailand.
Senator Braun's commonsense legislation would improve the current
program by establishing care and coordination teams for these children
to ensure they have the care and support and continued connections that
they need for their entire lives.
Additionally, this bill would require VA to create an advisory
council on healthcare and benefits for children living with spina
bifida. This council would solicit feedback on healthcare, job
training, and monetary benefits to ensure that these children have
access to leading therapies and medical research.
For a lot of veterans' families, I know this legislation would make a
real difference in their daily lives.
I thank Representative Baird for his work on this issue and for
introducing the House companion to this bill, H.R. 3888.
I know these Members have heard from Hoosiers about this problem for
many years, and I appreciate their efforts to help their constituents
and other families.
Madam Speaker, I urge my colleagues to join me in supporting S. 112
today, and I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise to express my support for S. 112, a bipartisan
bill sponsored by Senator Braun of Indiana.
This legislation aims to strengthen the Department of Veterans
Affairs' administration of an existing program that provides healthcare
benefits and compensation to children of Vietnam war veterans who were
born with spina bifida. This bill is endorsed by the Vietnam Veterans
of America.
Spina bifida is a birth defect that can cause paralysis, nerve
damage, and bowel and bladder problems. Children born with spina bifida
may receive benefits from VA if one of their biological parents is a
veteran presumed to have been exposed to herbicides such as Agent
Orange during the Vietnam war.
The program is jointly administered by the Veterans Benefits
Administration, or VBA, and the Veterans Health Administration, or VHA.
It provides a monetary allowance, healthcare coverage, and vocational
training and rehabilitation. As of 2022, fewer than 1,000 beneficiaries
were enrolled in the program.
According to a 2021 VA Office of Inspector General report examining
the VA's administration of this program, VBA and VHA were not
adequately communicating or sharing data on spina bifida program
beneficiaries. This contributed to delays in some new beneficiaries
being enrolled in healthcare and improper payments being sent to some
beneficiaries after their deaths.
The inspector general also found the VA did not consistently conduct
outreach to eligible and enrolled beneficiaries and did not provide
effective case management services for the most seriously disabled
beneficiaries. In some cases, VA's call center agents provided
inaccurate information about the spina bifida program or could not
direct callers to reliable sources of information.
S. 112 directs VA to establish an advisory council for the spina
bifida program, which would be responsible for soliciting feedback from
covered children and veterans about the program's effectiveness. This
legislation also requires VA to establish care coordination teams,
which will contact beneficiaries at least once every 180 days to ensure
they are accessing needed care. Finally, S. 112 would require VA to
report to Congress every 2 years on the number of covered children
receiving benefits, the number of children receiving care coordination,
and the outcome of the outreach conducted to these populations.
Madam Speaker, I support this important piece of legislation, and I
ask all of my colleagues to join me in passing S. 112 to strengthen
VA's benefits for children of Vietnam veterans born with spina bifida.
Madam Speaker, I yield back the balance of my time.
Mr. BOST. Madam Speaker, I encourage all Members to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Bost) that the House suspend the rules and
pass the bill, S. 112.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BOST. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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