I
106TH CONGRESS
2D SESSION
H. R. 4488
To amend title 38, United States Code, to provide benefits for children
of women Vietnam veterans who suffer from certain types of birth
defects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 18, 2000
Mr. EVANS (for himself, Mr. FILNER, Ms. BROWN of Florida, Ms. CARSON,
Mr. REYES, Mr. RODRIGUEZ, Ms. BERKLEY, Ms. BALDWIN, Mrs. MEEK
of Florida, Ms. PELOSI, Mr. ABERCROMBIE, Mr. BAIRD, Mr. GREEN of
Texas, Mr. HOLDEN, Mr. KENNEDY of Rhode Island, Mr. RANGEL, Mr.
SANDERS, Ms. LOFGREN, and Mr. GONZALEZ) 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 children of women Vietnam veterans who suffer from
certain types of birth defects, 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. SHORT TITLE; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Women Vietnam Veterans’ Children’s Birth Defects Ben-
efits Act.’’
(b) 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-
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 CHILDREN OF WOMEN VIETNAM
VETERANS WHO SUFFER FROM BIRTH DE-
FECTS.
Chapter 18 is amended—
(1) by inserting before section 1801 the fol-
lowing:
‘‘SUBCHAPTER I—BENEFITS FOR CHILDREN OF
VIETNAM VETERANS WHO ARE BORN WITH
SPINA BIFIDA’’;
(2) by inserting after section 1805 the following
new subchapters:
‘‘SUBCHAPTER II—BENEFITS FOR CHILDREN
OF WOMEN VIETNAM VETERANS WHO SUF-
FER FROM BIRTH DEFECTS
‘‘§ 1811. Definitions
‘‘For the purposes of this subchapter—
‘‘(1) The term ‘child’ means a natural child of
a woman Vietnam veteran, regardless of the child’s
age or marital status, who was conceived after the
date on which the woman Vietnam veteran first en-
tered the Republic of Vietnam during the Vietnam
era.
‘‘(2) The term ‘woman Vietnam veteran’ means
a woman who performed active military, naval, or
air service in the Republic of Vietnam during the
Vietnam era, without regard to the characterization
of the individual’s service.
‘‘§ 1812. Covered birth defects
‘‘(a) This subchapter applies with respect to any birth
defect, other than spina bifida, which results in a perma-
nent physical or mental disability, except for a birth defect
determined by the Secretary to result from a familial dis-
order, birth-related injury, or fetal or neonatal infirmity
with well-established causes. A birth defect to which this
subchapter applies pursuant to the preceding sentence is
referred to in this subchapter as a ‘covered birth defect’.
‘‘(b) Where affirmative evidence establishes that a
particular birth defect suffered by an individual resulted
from a cause other than the service of the individual’s
mother in the Republic of Vietnam during the Vietnam
era, the provision of health care or other benefits under
this subchapter is not authorized.
‘‘§ 1813. Health care
‘‘(a) In accordance with regulations the Secretary
shall prescribe, the Secretary shall provide a child of a
woman Vietnam veteran who is suffering from a covered
birth defect with such health care as the Secretary deter-
mines is needed by the child for the birth defect or any
disability that is associated with such condition.
‘‘(b) The Secretary may provide health care under
this section directly or by contract or other arrangement
with any health care provider.
‘‘(c) For the purposes of this section—
‘‘(1) The term ‘health care’—
‘‘(A) means home care, hospital care, nurs-
ing home care, outpatient care, preventive care,
habilitative and rehabilitative care, case man-
agement, and respite care; and
‘‘(B) includes—
‘‘(i) the training of appropriate mem-
bers of a child’s family or household in the
care of the child; and
‘‘(ii) the provision of such pharma-
ceuticals, supplies, equipment, devices, ap-
pliances, assistive technology, direct trans-
portation costs to and from approved
sources of health care, and other materials
as the Secretary determines necessary.
‘‘(2) The term ‘health care provider’ includes
health care plans, insurers, organizations, institu-
tions, and any other entity or individual furnishing
health care services that the Secretary determines
are authorized 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-
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 necessary to provide effec-
tive 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 or 1814 of
this title) as are necessary to develop, maintain, or
restore, to the maximum extent practicable, the
functioning of a disabled person.
‘‘(9) The term ‘respite care’ means care fur-
nished on an intermittent basis for a limited period
to an individual who resides primarily in a private
residence when such care will help the individual to
continue residing in such private residence.
‘‘§ 1814. Vocational training and rehabilitation
‘‘(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 woman Vietnam vet-
eran who is suffering from a covered birth defect if the
Secretary determines that the achievement of a vocational
goal by such child is reasonably feasible.
‘‘(b) A program of vocational training for a child
under this section shall be provided to the same extent
and in the same manner as a program provided under sec-
tion 1804 of this title to a child of a Vietnam veteran who
is suffering from spina bifida and shall be subject to the
same terms, conditions, and limitations set forth in that
section.
‘‘§ 1815. Monetary allowance
‘‘(a) The Secretary shall pay a monthly allowance
under this subchapter to any child of a woman Vietnam
veteran who suffers from a disability resulting from a cov-
ered birth defect which results in permanent impairment
of a physical or mental function in such child.
‘‘(b)(1) 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 covered birth defects
as the Secretary may prescribe.
‘‘(2) The Secretary shall, in prescribing the rating
schedule for the purposes of this section, establish four
levels of disability upon which the amount of the allowance
provided by this section shall be based. The levels of dis-
ability established shall take into account functional limi-
tations, including limitations on cognition, communication,
motor abilities, activities of daily living, and employability.
‘‘(3) The amounts of the monthly allowance shall be
as follows:
‘‘(A) For the lowest level of disability pre-
scribed, $100.
‘‘(B) For the first intermediate level of dis-
ability prescribed, the greater of $214 or the rate
payable for the lowest level of disability under sec-
tion 1805(b)(3) of this title.
‘‘(C) For the second intermediate level of dis-
ability prescribed, the greater of $743 or the rate
payable for the intermediate level of disability under
section 1805(b)(3).
‘‘(D) For the highest level of disability pre-
scribed, the greater of $1,272 or the rate payable for
the highest level of disability under section
1805(b)(3) of this title.
Such amounts are subject to adjustment under section
5312 of this title.
‘‘SUBCHAPTER III—GENERAL’’;
(3) by redesignating section 1806 as section
1821; and
(4) by adding at the end the following:
‘‘§ 1822. Effect of monetary allowance under this
chapter on other benefits
‘‘(a) Notwithstanding any other provision of law, re-
ceipt by an individual of an allowance under this chapter
shall not impair, infringe, or otherwise affect the right of
the individual to receive any other benefit to which the
individual may otherwise be entitled under any law admin-
istered by the Secretary, nor shall receipt of such an allow-
ance impair, infringe, or otherwise affect the right of any
other individual to receive any benefit to which that indi-
vidual is entitled under any law administered by the Sec-
retary that is based on that individual’s relationship to
an individual who receives an allowance under this chap-
ter.
‘‘(b) Notwithstanding any other provision of law, the
allowance paid to an individual under this chapter shall
not be considered to be income or resources in determining
eligibility for or the amount of benefits under any Federal
or federally assisted program.
‘‘§ 1823. Nonduplication of benefits
‘‘(a) An individual who is entitled to a monthly allow-
ance under both subchapter I and subchapter II of this
chapter may not receive such benefit under each sub-
chapter concurrently, but shall elect (in such form and
manner as the Secretary may prescribe) under which sub-
chapter to receive such benefit.
‘‘(b) An individual may not be provided more than
one program of vocational training under this chapter.’’.
SEC. 3. CLERICAL AND CONFORMING AMENDMENTS.
(a) CHAPTER HEADING.—(1) The heading of chapter
18 is amended to read as follows: