II

106TH CONGRESS

2D SESSION S. 2494

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.

IN THE SENATE OF THE UNITED STATES

MAY 2, 2000

Mr. ROCKEFELLER introduced the following bill; which was read twice and

referred to the Committee on Veterans’ Affairs

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Children of Female

5 Vietnam Veterans’ Benefits Act of 2000’’.
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1 SEC. 2. BENEFITS FOR THE CHILDREN OF FEMALE VIET2 NAM VETERANS WHO SUFFER FROM CERTAIN

3 BIRTH DEFECTS.

4 (a) IN GENERAL.—Chapter 18 of title 38, United

5 States Code, is amended by adding at the end the fol6 lowing new subchapter:

7 ‘‘SUBCHAPTER II—CHILDREN OF FEMALE

8 VIETNAM VETERANS BORN WITH CERTAIN

9 BIRTH DEFECTS

10 ‘‘§ 1811. Definitions

11 ‘‘In this subchapter:

12 ‘‘(1) The term ‘child’, with respect to a female

13 Vietnam veteran, means a natural child of the fe14 male Vietnam veteran, regardless of age or marital

15 status, who was conceived after the date on which

16 the female Vietnam veteran first entered the Repub17 lic of Vietnam during the Vietnam era (as specified

18 in section 101(29)(A) of this title).

19 ‘‘(2) The term ‘covered birth defect’ means each

20 birth defect identified by the Secretary under section

21 1812 of this title.

22 ‘‘(3) The term ‘female Vietnam veteran’ means

23 any female individual who performed active military,

24 naval, or air service in the Republic of Vietnam dur25 ing the Vietnam era (as so specified), without regard

26 to the characterization of the individual’s service.
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1 ‘‘§ 1812. Birth defects covered

2 ‘‘(a) IDENTIFICATION.—Subject to subsection (b),

3 the Secretary shall identify the birth defects of children

4 of female Vietnam veterans that—

5 ‘‘(1) are associated with the service of female

6 Vietnam veterans in the Republic of Vietnam during

7 the Vietnam era (as specified in section 101(29)(A)

8 of this title); and

9 ‘‘(2) result in the permanent physical or mental

10 disability of such children.

11 ‘‘(b) LIMITATIONS.—(1) The birth defects identified

12 under subsection (a) may not include birth defects result13 ing from the following:

14 ‘‘(A) A familial disorder.

15 ‘‘(B) A birth-related injury.

16 ‘‘(C) A fetal or neonatal infirmity with well-es17 tablished causes.

18 ‘‘(2) The birth defects identified under subsection (a)

19 may not include spina bifida.

20 ‘‘(c) LIST.—The Secretary shall prescribe in regula21 tions a list of the birth defects identified under subsection

22 (a).

23 ‘‘§ 1813. Benefits and assistance

24 ‘‘(a) HEALTH CARE.—(1) The Secretary shall pro25 vide a child of a female Vietnam veteran who was born

26 with a covered birth defect such health care as the Sec-
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1 retary determines is needed by the child for such birth

2 defect or any disability that is associated with such birth

3 defect.

4 ‘‘(2) The Secretary may provide health care under

5 this subsection directly or by contract or other arrange6 ment with a health care provider.

7 ‘‘(3) For purposes of this subsection, the definitions

8 in section 1803(c) of this title shall apply with respect to

9 the provision of health care under this subsection, except

10 that for such purposes—

11 ‘‘(A) the reference to ‘specialized spina bifida

12 clinic’ in paragraph (2) of such section 1803(c) shall

13 be treated as a reference to a specialized clinic treat14 ing the birth defect concerned under this subsection;

15 and

16 ‘‘(B) the reference to ‘vocational training under

17 section 1804 of this title’ in paragraph (8) of such

18 section 1803(c) shall be treated as a reference to vo19 cational training under subsection (b).

20 ‘‘(b) VOCATIONAL TRAINING.—(1) The Secretary

21 may provide a program of vocational training to a child

22 of a female Vietnam veteran who was born with a covered

23 birth defect if the Secretary determines that the achieve24 ment of a vocational goal by the child is reasonably fea25 sible.
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1 ‘‘(2) Subsections (b) through (e) of section 1804 of

2 this title shall apply with respect to any program of voca3 tional training provided under paragraph (1).

4 ‘‘(c) MONETARY ALLOWANCE.—(1) The Secretary

5 shall pay a monthly allowance to any child of a female

6 Vietnam veteran who was born with a covered birth defect

7 for any disability resulting from such birth defect.

8 ‘‘(2) The amount of the monthly allowance paid

9 under this subsection shall be based on the degree of dis10 ability suffered by the child concerned, as determined in

11 accordance with a schedule for rating disabilities resulting

12 from covered birth defects that is prescribed by the Sec13 retary.

14 ‘‘(3) In prescribing a schedule for rating disabilities

15 under paragraph (2), the Secretary shall establish four

16 levels of disability upon which the amount of the monthly

17 allowance under this subsection shall be based.

18 ‘‘(4) The amount of the monthly allowance paid

19 under this subsection shall be as follows:

20 ‘‘(A) In the case of a child suffering from the

21 lowest level of disability prescribed in the schedule

22 for rating disabilities under this subsection, $100.

23 ‘‘(B) In the case of a child suffering from the

24 lower intermediate level of disability prescribed in
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1 the schedule for rating disabilities under this sub2 section, the greater of—

3 ‘‘(i) $214; or

4 ‘‘(ii) the monthly amount payable under

5 section 1805(b)(3) of this title for the lowest

6 level of disability prescribed for purposes of

7 that section.

8 ‘‘(C) In the case of a child suffering from the

9 higher intermediate level of disability prescribed in

10 the schedule for rating disabilities under this sub11 section, the greater of—

12 ‘‘(i) $743; or

13 ‘‘(ii) the monthly amount payable under

14 section 1805(b)(3) of this title for the inter15 mediate level of disability prescribed for pur16 poses of that section.

17 ‘‘(D) In the case of a child suffering from the

18 highest level of disability prescribed in the schedule

19 for rating disabilities under this subsection, the

20 greater of—

21 ‘‘(i) $1,272; or

22 ‘‘(ii) the monthly amount payable under

23 section 1805(b)(3) of this title for the highest

24 level of disability prescribed for purposes of

25 that section.
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1 ‘‘(5) Amounts under subparagraphs (A), (B)(i),

2 (C)(i), and (D)(i) of paragraph (4) shall be subject to ad3 justment from time to time under section 5312 of this

4 title.

5 ‘‘(6) Subsections (c) and (d) of section 1805 of this

6 title shall apply with respect to any monthly allowance

7 paid under this subsection.

8 ‘‘(d) GENERAL LIMITATIONS ON AVAILABILITY OF

9 BENEFITS AND ASSISTANCE.—(1) No individual receiving

10 benefits or assistance under this section may receive any

11 benefits or assistance under subchapter I of this chapter.

12 ‘‘(2) In any case where affirmative evidence estab13 lishes that the covered birth defect of a child results from

14 a cause other than the active military, naval, or air service

15 in the Republic of Vietnam of the female Vietnam veteran

16 who is the mother of the child, no benefits or assistance

17 may be provided the child under this section.

18 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

19 regulations for purposes of the administration of the provi20 sions of this section.’’.

21 (b) ADMINISTRATIVE PROVISIONS.—That chapter is

22 further amended by inserting after subchapter II, as

23 added by subsection (a) of this section, the following new

24 subchapter:
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1 ‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS

2 ‘‘§ 1821. Applicability of certain administrative provi3 sions

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

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

6 (b)(10) of this title shall apply with respect to benefits

7 and assistance under this chapter in the same manner as

8 such provisions apply to veterans’ disability compensation.

9 ‘‘§ 1822. Treatment of receipt of monetary allowance

10 on other benefits

11 ‘‘(a) Notwithstanding any other provision of law, re12 ceipt by an individual of a monetary allowance under this

13 chapter shall not impair, infringe, or otherwise affect the

14 right of the individual to receive any other benefit to which

15 the individual is otherwise entitled under any law adminis16 tered by the Secretary.

17 ‘‘(b) Notwithstanding any other provision of law, re18 ceipt by an individual of a monetary allowance under this

19 chapter shall not impair, infringe, or otherwise affect the

20 right of any other individual to receive any benefit to

21 which such other individual is entitled under any law ad22 ministered by the Secretary based on the relationship of

23 such other individual to the individual who receives such

24 monetary allowance.
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1 ‘‘(c) Notwithstanding any other provision of law, a

2 monetary allowance paid an individual under this chapter

3 shall not be considered as income or resources in deter4 mining eligibility for or the amount of benefits under any

5 Federal or Federally-assisted program.’’.

6 (c) REPEAL OF SUPERSEDED MATTER.—Section

7 1806 of title 38, United States Code, is repealed.

8 (d) REDESIGNATION OF EXISTING MATTER.—Chap9 ter 18 of that title is further amended by inserting before

10 section 1801 the following:

11 ‘‘SUBCHAPTER I—CHILDREN OF VIETNAM

12 VETERANS BORN WITH SPINA BIFIDA’’.

13 (e) CONFORMING AMENDMENTS.—(1) Sections 1801

14 and 1802 of that title are each amended by striking ‘‘this

15 chapter’’ and inserting ‘‘this subchapter’’.

16 (2) Section 1805(a) of such title is amended by strik17 ing ‘‘this chapter’’ and inserting ‘‘this section’’.

18 (e) CLERICAL AMENDMENTS.—(1)(A) The chapter

19 heading of chapter 18 of that title is amended to read as

20 follows:

21 ‘‘CHAPTER 18—BENEFITS FOR CHILDREN

22 OF VIETNAM VETERANS’’.

23 (B) The tables of chapters at beginning of that title,

24 and at the beginning of part II of that title, are each
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1 amended by striking the item relating to chapter 18 and

2 inserting the following new item:

‘‘18. Benefits for Children of Vietnam Veterans .................... 1801’’.

3 (2) The table of sections at the beginning of chapter

4 18 of that title is amended—

5 (A) by inserting after the chapter heading the

6 following:

‘‘SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN

WITH SPINA BIFIDA’’;

7 (B) by striking the item relating to section

8 1806; and

9 (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.’’.

10 (f) APPLICABILITY.—(1) Except as provided in para11 graph (2), the amendments made by this section shall take

12 effect on the first day of the first month beginning more

13 than one year after the date of the enactment of this Act.

14 (2) The Secretary of Veterans Affairs shall identify

15 birth defects under section 1822 of title 38, United States

16 Code (as added by subsection (a) of this section), and shall

17 prescribe the regulations required by subchapter II of that
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1 title (as so added), not later than the effective date speci2 fied in paragraph (1).

3 (3) No benefit or assistance may be provided under

4 subchapter II of chapter 18 of title 38, United States Code

5 (as so added), for any period before the effective date spec6 ified in paragraph (1) by reason of the amendments made

7 by this section.

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