I

107TH CONGRESS

1ST SESSION H. R. 1541

To amend title 38, United States Code, to provide the Secretary of Veterans

Affairs authority to furnish certain benefits for certain diseases occurring

in children of Vietnam-era veterans upon a determination that such

diseases have a positive association with parental exposure to a herbicide

agent.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 2001

Mr. EVANS (for himself, Mr. REYES, and Ms. BROWN of Florida) introduced

the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide the Secretary of Veterans Affairs authority to furnish certain

benefits for certain diseases occurring in children of Vietnam-era veterans upon a determination that such diseases have a positive association with parental exposure

to a herbicide agent.

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 ‘‘Vietnam Veterans

5 Children’s Disability Act’’.
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1 SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN

2 OF VIETNAM VETERANS WITH CERTAIN DIS3 EASES ASSOCIATED WITH PARENTAL EXPO4 SURE TO HERBICIDE AGENTS.

5 (a) AMENDMENTS TO NEW CHAPTER 18.—The

6 amendments made by this section are made to chapter 18

7 of title 38, United States Code, as amended by section

8 401 of the Veterans Benefits and Health Care Improve9 ment Act of 2000 (Public Law 106–419; 114 Stat. 1857),

10 and take effect on—

11 (1) December 1, 2001 (the effective date of

12 those amendments); or

13 (2) if later, the date of the enactment of this

14 Act.

15 (b) BENEFITS FOR CERTAIN CHILDREN.—(1) Chap16 ter 18 of title 38, United States Code, is amended by add17 ing at the end the following new subchapter:

18 ‘‘SUBCHAPTER IV—CHILDREN OF VIETNAM

19 VETERANS WITH DISEASES ASSOCIATED

20 WITH PARENTAL EXPOSURE TO HERBICIDE

21 AGENTS

22 ‘‘§ 1831. Definitions

23 In this subchapter:

24 ‘‘(1) The term ‘eligible child’ means an indi25 vidual, regardless of age or marital status, who—

26 ‘‘(A) is the natural child of—
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1 ‘‘(i) a Vietnam veteran; or

2 ‘‘(ii) a veteran other than a Vietnam

3 veteran who, as determined under regula4 tions prescribed by the Secretary, was ex5 posed before the child was conceived to

6 herbicides during active military, naval, or

7 air service; and

8 ‘‘(B) has one or more covered diseases.

9 ‘‘(2) The term ‘covered disease’ means a disease

10 identified by the Secretary under section 1832 of

11 this title.

12 ‘‘§ 1832. Covered diseases

13 ‘‘(a) IDENTIFICATION.—The Secretary shall by regu14 lation identify diseases occurring in children that have a

15 positive association with parental exposure to an herbicide

16 agent before the date on which the child was conceived.

17 ‘‘(b) DISEASES TO BE INCLUDED.—The Secretary

18 shall include acute myelogenous leukemia in the diseases

19 identified under subsection (a).

20 ‘‘§ 1833. Health care

21 ‘‘(a) NEEDED CARE.—The Secretary shall provide an

22 eligible child such health care as the Secretary determines

23 is needed by the child for that child’s covered diseases or

24 any disability that is associated with those diseases.
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1 ‘‘(b) AUTHORITY FOR CARE TO BE PROVIDED DI2 RECTLY OR BY CONTRACT.—The Secretary may provide

3 health care under this section directly or by contract or

4 other arrangement with a health care provider.

5 ‘‘(c) DEFINITIONS.—For purposes of this section, the

6 definitions in section 1803(c) of this title shall apply with

7 respect to the provision of health care under this section,

8 except that for such purposes—

9 ‘‘(1) the reference to ‘specialized spina bifida

10 clinic’ in paragraph (2) of that section shall be treat11 ed as a reference to a specialized clinic treating the

12 disease concerned under this section; and

13 ‘‘(2) the reference to ‘vocational training under

14 section 1804 of this title’ in paragraph (8) of that

15 section shall be treated as a reference to vocational

16 training under section 1834 of this title.

17 ‘‘§ 1834. Vocational training

18 ‘‘(a) AUTHORITY.—The Secretary may provide a pro19 gram of vocational training to an eligible child if the Sec20 retary determines that the achievement of a vocational

21 goal by the child is reasonably feasible.

22 ‘‘(b) APPLICABLE PROVISIONS.—Subsections (b)

23 through (e) of section 1804 of this title shall apply with

24 respect to any program of vocational training provided

25 under subsection (a).
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1 ‘‘§ 1835. Monetary allowance

2 ‘‘(a) MONETARY ALLOWANCE.—The Secretary shall

3 pay a monthly allowance to an eligible child for any dis4 ability resulting from a covered disease.

5 ‘‘(b) SCHEDULE FOR RATING DISABILITIES.—(1)

6 The amount of the monthly allowance paid under this sec7 tion shall be based on the degree of disability suffered by

8 the child concerned, as determined in accordance with a

9 schedule for rating disabilities resulting from covered dis10 eases that is prescribed by the Secretary.

11 ‘‘(2) In prescribing a schedule for rating disabilities

12 for the purposes of this section, the Secretary shall estab13 lish the levels of disability upon which the amount of the

14 allowance provided by this section shall be based. The lev15 els of disability established may take into account func16 tional limitations, including limitations on cognition, com17 munication, motor abilities, activities of daily living, and

18 employability.

19 ‘‘(c) AMOUNT OF MONTHLY ALLOWANCE.—(1) The

20 Secretary shall prescribe the amount of the monthly allow21 ance paid under this section for each level of disability

22 established in the schedule of rating disabilities prescribed

23 under subsection (b), except that an allowance under this

24 section—

25 ‘‘(A) may not be less than the amount in effect

26 under section 1815(c)(1) of this title; and
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1 ‘‘(B) may not be greater than the amount in ef2 fect under section 1815(c)(4) of this title.

3 ‘‘(2)(A) Benefits under this subchapter may be dis4 continued six months after the child has recovered fully

5 from the disability.

6 ‘‘(B) For purposes of this paragraph, the term

7 ‘fully recovered from the disability’ means that no

8 signs or symptoms of disability are present and no

9 treatment for the disability is warranted.

10 ‘‘(3) Benefits under this subchapter may be

11 paid for any secondary disability which results from

12 any disability associated with exposure to a herbicide

13 or any disability resulting from treatment for such

14 disability.

15 ‘‘(d) INDEXING TO SOCIAL SECURITY BENEFIT IN16 CREASES.—Amounts paid under subsection (c) shall be

17 subject to adjustment from time to time under section

18 5312 of this title.’’.

19 (2) The table of sections at the beginning of such

20 chapter is amended by adding at the end the following:

‘‘SUBCHAPTER IV—CHILDREN OF VIETNAM VETERANS WITH DISEASES

ASSOCIATED WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS

‘‘1831. Definitions.

‘‘1832. Covered diseases.

‘‘1833. Health care.

‘‘1834. Vocational training.

‘‘1835. Monetary allowance.’’.
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1 (c) DEFINITION OF VIETNAM VETERAN.—Section

2 1821(3)(A) of such title is amended by striking ‘‘sub3 chapter I’’ and inserting ‘‘subchapters I and IV’’.

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