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 Sec-
retary of Veterans Affairs authority to furnish certain
benefits for certain diseases occurring in children of Viet-
nam-era veterans upon a determination that such dis-
eases have a positive association with parental exposure
to a herbicide agent.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Vietnam Veterans
Children’s Disability Act’’.
SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN
OF VIETNAM VETERANS WITH CERTAIN DIS-
EASES ASSOCIATED WITH PARENTAL EXPO-
SURE TO HERBICIDE AGENTS.
(a) AMENDMENTS
TO NEW CHAPTER 18.—The
amendments made by this section are made to chapter 18
of title 38, United States Code, as amended by section
401 of the Veterans Benefits and Health Care Improve-
ment Act of 2000 (Public Law 106–419; 114 Stat. 1857),
and take effect on—
(1) December 1, 2001 (the effective date of
those amendments); or
(2) if later, the date of the enactment of this
Act.
(b) BENEFITS FOR CERTAIN CHILDREN.—(1) Chap-
ter 18 of title 38, United States Code, is amended by add-
ing at the end the following new subchapter:
‘‘SUBCHAPTER 
IV—CHILDREN 
OF 
VIETNAM
VETERANS WITH DISEASES ASSOCIATED
WITH PARENTAL EXPOSURE TO HERBICIDE
AGENTS
‘‘§ 1831. Definitions
In this subchapter:
‘‘(1) The term ‘eligible child’ means an indi-
vidual, regardless of age or marital status, who—
‘‘(A) is the natural child of—
‘‘(i) a Vietnam veteran; or
‘‘(ii) a veteran other than a Vietnam
veteran who, as determined under regula-
tions prescribed by the Secretary, was ex-
posed before the child was conceived to
herbicides during active military, naval, or
air service; and
‘‘(B) has one or more covered diseases.
‘‘(2) The term ‘covered disease’ means a disease
identified by the Secretary under section 1832 of
this title.
‘‘§ 1832. Covered diseases
‘‘(a) IDENTIFICATION.—The Secretary shall by regu-
lation identify diseases occurring in children that have a
positive association with parental exposure to an herbicide
agent before the date on which the child was conceived.
‘‘(b) DISEASES TO BE INCLUDED.—The Secretary
shall include acute myelogenous leukemia in the diseases
identified under subsection (a).
‘‘§ 1833. Health care
‘‘(a) NEEDED CARE.—The Secretary shall provide an
eligible child such health care as the Secretary determines
is needed by the child for that child’s covered diseases or
any disability that is associated with those diseases.
‘‘(b) AUTHORITY FOR CARE TO BE PROVIDED DI-
RECTLY OR BY CONTRACT.—The Secretary may provide
health care under this section directly or by contract or
other arrangement with a health care provider.
‘‘(c) DEFINITIONS.—For purposes of this section, the
definitions in section 1803(c) of this title shall apply with
respect to the provision of health care under this section,
except that for such purposes—
‘‘(1) the reference to ‘specialized spina bifida
clinic’ in paragraph (2) of that section shall be treat-
ed as a reference to a specialized clinic treating the
disease concerned under this section; and
‘‘(2) the reference to ‘vocational training under
section 1804 of this title’ in paragraph (8) of that
section shall be treated as a reference to vocational
training under section 1834 of this title.
‘‘§ 1834. Vocational training
‘‘(a) AUTHORITY.—The Secretary may provide a pro-
gram of vocational training to an eligible child if the Sec-
retary determines that the achievement of a vocational
goal by the child is reasonably feasible.
‘‘(b) APPLICABLE
PROVISIONS.—Subsections (b)
through (e) of section 1804 of this title shall apply with
respect to any program of vocational training provided
under subsection (a).
‘‘§ 1835. Monetary allowance
‘‘(a) MONETARY ALLOWANCE.—The Secretary shall
pay a monthly allowance to an eligible child for any dis-
ability resulting from a covered disease.
‘‘(b) SCHEDULE
FOR RATING DISABILITIES.—(1)
The amount of the monthly allowance paid under this sec-
tion 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 dis-
eases that is prescribed by the Secretary.
‘‘(2) In prescribing a schedule for rating disabilities
for the purposes of this section, the Secretary shall estab-
lish the levels of disability upon which the amount of the
allowance provided by this section shall be based. The lev-
els of disability established may take into account func-
tional limitations, including limitations on cognition, com-
munication, motor abilities, activities of daily living, and
employability.
‘‘(c) AMOUNT OF MONTHLY ALLOWANCE.—(1) The
Secretary shall prescribe the amount of the monthly allow-
ance paid under this section for each level of disability
established in the schedule of rating disabilities prescribed
under subsection (b), except that an allowance under this
section—
‘‘(A) may not be less than the amount in effect
under section 1815(c)(1) of this title; and