I
104TH CONGRESS
2D SESSION
H. R. 3927
To amend title 38, United States Code, to provide benefits for certain children
of Vietnam veterans who are born with spina bifida, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1996
Mr. EVANS (for himself, Mr. GUTIERREZ, Mr. FILNER, Mr. STOCKMAN, Mr.
ACKERMAN, Mr. KILDEE, Mrs. THURMAN, Mr. FALEOMAVAEGA, Mr.
FROST, Ms. MCKINNEY, Mr. JOHNSON
of South Dakota, Mr.
MCDERMOTT, and Mr. METCALF) introduced the following bill; which was
referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide benefits
for certain children of Vietnam veterans who are born
with spina bifida, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REFERENCES TO TITLE 38, UNITED STATES
CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
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sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
SEC. 2. BENEFITS FOR THE CHILDREN OF VIETNAM VETER-
ANS WHO ARE BORN WITH SPINA BIFIDA.
(a) SHORT TITLE.—This section may be cited as the
‘‘Agent Orange Benefits Act of 1996.’’
(b) ESTABLISHMENT OF NEW CHAPTER 18.—Part II
is amended by inserting after chapter 17 the following new
chapter:
‘‘CHAPTER 18—BENEFITS FOR THE CHILDREN OF
VIETNAM VETERANS WHO ARE BORN WITH
SPINA BIFIDA.
‘‘Sec.
‘‘1801. Purpose.
‘‘1802. Definitions
‘‘1803. Health care.
‘‘1804. Vocational training.
‘‘1805. Monetary allowance.
‘‘1806. Effective date of awards.
‘‘§ 1801. Purpose
‘‘The purpose of this chapter is to provide for the
special needs of certain children of Vietnam veterans who
were born with the birth defect spina bifida, possibly as
the result of the exposure of one or both parents to herbi-
cides during active service in the Republic of Vietnam dur-
ing the Vietnam era, through the provision of health care,
vocational training, and monetary benefits.
‘‘§ 1802. Definitions
‘‘For the purposes of this chapter—
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‘‘(1) the term ‘child’ means a natural child of
a Vietnam veteran, regardless of age or marital sta-
tus, who was conceived after the date on which the
veteran first entered the Republic of Vietnam during
the Vietnam era;
‘‘(2) the term ‘Vietnam veteran’ means a vet-
eran who, during active military, naval, or air serv-
ice, served in the Republic of Vietnam during the
Vietnam era; and
‘‘(3) the term ‘spina bifida’ means all forms of
spina bifida other than spina bifida occulta.
‘‘§ 1803. Health care
‘‘(a) In accordance with regulations the Secretary
shall prescribe, the Secretary shall provide such health
care under this chapter as the Secretary determines is
needed to a child of a Vietnam veteran who is suffering
from spina bifida, for any disability associated with such
condition.
‘‘(b) The Secretary may provide health care under
this section directly or by contract or other arrangement
with a health care provider.
‘‘(c) For the purposes of this section—
‘‘(1) the term ‘health care’ means home care,
hospital care, nursing home care, outpatient care,
preventive care, habilitative and rehabilitative care,
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case management, and respite care, and includes the
training of appropriate members of a child’s family
or household in the care of the child and provision
of such pharmaceuticals, supplies, equipment, de-
vices, appliances, assistive technology, direct trans-
portation costs to and from approved sources of
health care authorized under this section, and other
materials as the Secretary determines to be nec-
essary;
‘‘(2) the term ‘health care provider’ includes,
but is not limited to, specialized spina bifida clinics,
healthcare plans, insurers, organizations, institu-
tions, or any other entity or individual who furnishes
health care services that the Secretary determines
are covered under this section;
‘‘(3) the term ‘home care’ means outpatient
care, habilitative and rehabilitative care, preventive
health services, and health-related services furnished
to an individual in the individual’s home or other
place of residence.
‘‘(4) the term ‘hospital care’ means care and
treatment for a disability furnished to an individual
who has been admitted to a hospital as a patient;
‘‘(5) the term ‘nursing home care’ means care
and treatment for a disability furnished to an indi-
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vidual who has been admitted to a nursing home as
a resident;
‘‘(6) the term ‘outpatient care’ means care and
treatment of a disability, and preventive health serv-
ices, furnished to an individual other than hospital
care or nursing home care;
‘‘(7) the term ‘preventive care’ means care and
treatment furnished to prevent disability or illness,
including periodic examinations, immunizations, pa-
tient health education, and such other services as
the Secretary determines are necessary to provide ef-
fective and economical preventive health care;
‘‘(8) the term ‘habilitative and rehabilitative
care’ means such professional, counseling, and guid-
ance services and treatment programs (other than
vocational training under section 1804 of this title)
as are necessary to develop, maintain, or restore, to
the maximum extent, the functioning of a disabled
person; and
‘‘(9) the term ‘respite care’ means care fur-
nished on an intermittent basis in a Department fa-
cility for a limited period to an individual who re-
sides primarily in a private residence when such care
will help the individual to continue residing in such
private residence.
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‘‘§ 1804. Vocational training
‘‘(a) Pursuant to such regulations as the Secretary
may prescribe, the Secretary may provide vocational train-
ing under this section to a child of a Vietnam veteran who
is suffering from spina bifida if the Secretary determines
that the achievement of a vocational goal by such child
is reasonably feasible.
‘‘(b)(1) If a child elects to pursue a program of voca-
tional training under this section, the program shall be
designed in consultation with the child in order to meet
the child’s individual needs and shall be set forth in an
individualized written plan of vocational rehabilitation.
‘‘(2)(A) Subject to subparagraph (B) of this para-
graph, a vocational training program under this sub-
section shall consist of such vocationally oriented services
and assistance, including such placement and post-place-
ment services and personal and work adjustment training,
as the Secretary determines are necessary to enable the
child to prepare for and participate in vocational training
or employment.
‘‘(B) A vocational training program under this sub-
section—
‘‘(i) may not exceed 24 months unless, based on
a determination by the Secretary that an extension
is necessary in order for the child to achieve a voca-
tional goal identified (before the end of the first 24
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months of such program) in the written plan formu-
lated for the child, the Secretary grants an extension
for a period not to exceed 24 months;
‘‘(ii) may not include the provision of any loan
or subsistence allowance or any automobile adaptive
equipment; and
‘‘(iii) may include a program of education at an
institution of higher learning only in a case in which
the Secretary determines that the program involved
is predominantly vocational in content.
‘‘(c)(1) A child who is pursuing a program of voca-
tional training under this section who is also eligible for
assistance under a program under chapter 35 of this title
may not receive assistance under both of such programs
concurrently but shall elect (in such form and manner as
the Secretary may prescribe) under which program to re-
ceive assistance.
‘‘(2) The aggregate period for which a child may re-
ceive assistance under this section and chapter 35 of this
title may not exceed 48 months (or the part-time equiva-
lent thereof).
‘‘§ 1805. Monetary allowance
‘‘(a) The Secretary shall pay a monthly allowance
under this chapter to any child of a Vietnam veteran for
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disability resulting from spina bifida suffered by such
child.
‘‘(b) The amount of the allowance paid under this
section shall be based on the degree of disability suffered
by a child as determined in accordance with such schedule
for rating disabilities resulting from spina bifida as the
Secretary may prescribe. The Secretary shall, in prescrib-
ing the rating schedule for the purposes of this section,
establish three levels of disability upon which the amount
of the allowance provided by this section shall be based.
The allowance shall be $200 per month for the lowest level
of disability prescribed, $700 per month for the intermedi-
ate level of disability prescribed, and $1,200 per month
for the highest level of disability prescribed.
‘‘(c)(1) Whenever there is an increase in benefit
amounts payable under title II of the Social Security Act
(42 U.S.C. 401 et seq.) as a result of a determination
under section 215(i) of such Act (42 U.S.C. 415(i)), the
Secretary shall, effective on the date of such increase in
benefit amounts, increase each rate of allowance under
this section, as such rates were in effect immediately prior
to the date of such increase in benefits payable under title
II of the Social Security Act, by the same percentage as
the percentage by which such benefit amounts are in-
creased.