II

105TH CONGRESS

1ST SESSION S. 1018

To amend provisions of law governing benefits for certain children of Vietnam

veterans who are born with spina bifida, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 15, 1997

Mr. SPECTER (by request) introduced the following bill; which was read twice

and referred to the Committee on Veterans’ Affairs

A BILL

To amend provisions of law governing benefits for certain

children of Vietnam veterans who are born with spina

bifida, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REFERENCES TO TITLE 38, UNITED STATES

4 CODE.

5 Except as otherwise expressly provided, whenever in

6 this Act an amendment or repeal is expressed in terms

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a

9 section or other provision of title 18, United States Code.
2

S 1018 IS

1 SEC. 2. AMENDMENTS TO DEFINITIONS.

2 Section 1801 is amended to read as follows:

3 ‘‘For the purposes of this chapter—

4 ‘‘(1) The term ‘child’, with respect to a Viet5 nam veteran, means a natural child of a Vietnam

6 veteran, regardless of age or marital status, who was

7 conceived after the date on which the Vietnam vet8 eran first entered the Republic of Vietnam during

9 the period beginning on January 9, 1962, and end10 ing on May 7, 1975.

11 ‘‘(2) The term ‘Vietnam veteran’ means an in12 dividual who performed active military, naval, or air

13 service in the Republic of Vietnam during the period

14 beginning on January 9, 1962, and ending on May

15 7, 1975, without regard to the character of such in16 dividual’s service.’’.

17 SEC. 3. APPLICATION OF CERTAIN ADMINISTRATIVE PRO18 VISIONS TO CHAPTER 18.

19 Section 1806 is amended to read as follows:

20 ‘‘The provisions of sections 5101(c), 5110(a), (b)(2),

21 (g), and (i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and

22 (b)(10) of this title shall be deemed to apply to benefits

23 under this chapter in the same manner in which they

24 apply to veterans’ disability compensation.’’.
3

S 1018 IS

1 SEC. 4. AMENDMENTS TO VOCATIONAL REHABILITATION

2 PROVISIONS.

3 (a) Section 1804(c)(1)(B) is amended by striking out

4 ‘‘institution of higher education’’ and inserting in lieu

5 thereof ‘‘institution of higher learning’’.

6 (b) Section 1804(d) is amended by adding after para7 graph (2) the following new paragraph:

8 ‘‘(3) A vocational training program under this

9 section may begin on the child’s eighteenth birthday,

10 or on the successful completion of the child’s second11 ary schooling, whichever first occurs, except that, if

12 the child is above the age of compulsory school at13 tendance under applicable State law, and the Sec14 retary determines that the child’s best interests will

15 be served thereby, the vocational training program

16 may begin before the child’s eighteenth birthday.’’

17 SEC. 5. CONFORMING CHANGES TO EFFECTIVE DATE PRO18 VISIONS.

19 (a) Section 421(d) of Public Law 104–204, 110 Stat.

20 2926, is amended by striking out ‘‘January 1, 1997’’ and

21 inserting in lieu thereof ‘‘October 1, 1997’’.

22 (b) Section 422(b)(1) of Public Law 104–204, 110

23 Stat. 2927, is amended by striking out ‘‘October 1, 1996’’

24 and inserting in lieu thereof ‘‘October 1, 1997’’.

25 (c) Section 422(c) of Public Law 104–204, 110 Stat.

26 2927, is repealed.
4

S 1018 IS

1 SEC. 6. EFFECTIVE DATE.

2 The amendments made by this Act shall be effective

3 on October 1, 1997.

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