A bill to amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.
PL 118-18 (S.112), enacted 10/06/2023

[118th Congress Public Law 18]
[From the U.S. Government Publishing Office]



[[Page 137 STAT. 103]]

Public Law 118-18
118th Congress

                                 An Act


 
   To amend title 38, United States Code, to strengthen benefits for 
   children of Vietnam veterans born with spina bifida, and for other 
              purposes. <<NOTE: Oct. 6, 2023 -  [S. 112]>> 

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

SECTION 1. BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS AND 
                              CERTAIN OTHER VETERANS.

    (a) Definitions.--Section 1831 of title 38, United States Code, is 
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) The term `covered child' means a child who is eligible 
        for health care and benefits under this chapter.
            ``(3) The term `covered veteran' means an individual whose 
        children are eligible for health care and benefits under this 
        chapter.''.

    (b) In General.--Subchapter IV of chapter 18 of title 38, United 
States Code, is amended by adding at the end the following new sections:
``Sec. 1835. <<NOTE: 38 USC 1835.>>  Advisory council

    ``(a) <<NOTE: Establishment.>>  In General.--The Secretary shall 
establish an advisory council on health care and benefits for covered 
children.

    ``(b) Membership.--The advisory council established under subsection 
(a) shall be composed of Federal employees.
    ``(c) Duties.--The advisory council established under subsection (a) 
shall solicit feedback from covered children and covered veterans on the 
health care and benefits provided under this chapter and communicate 
such feedback to the Secretary.
``Sec. 1836. <<NOTE: 38 USC 1836.>>  Care and coordination teams

    ``(a) <<NOTE: Establishment.>>  In General.--The Secretary shall 
establish care and coordination teams for covered children.

    ``(b) Outreach.--A care and coordination team established under 
subsection (a) shall attempt to contact each covered child--
            ``(1) <<NOTE: Time period.>>  not less frequently than once 
        every 180 days, to ensure the continued care of the child and 
        assist with any changes in care needed due to a changed 
        situation of the child; and
            ``(2) as soon as practicable after the identification of a 
        condition listed in the report required by subsection (c).

[[Page 137 STAT. 104]]

    ``(c) Report.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a report setting forth a list of 
conditions that will trigger outreach to covered children under 
subsection (b)(2).
``Sec. 1837. <<NOTE: 38 USC 1837.>>  Duration of health care and 
                  benefits provided

    ``The Secretary shall provide a covered child with health care and 
benefits under this chapter--
            ``(1) for the duration of the life of the child; and
            ``(2) notwithstanding any death of a parent of the child 
        that precedes the death of the child.
``Sec. 1838. <<NOTE: 38 USC 1838.>>  Biennial report

    ``Not less frequently than once every two years, the Secretary shall 
submit to Congress a report setting forth the following:
            ``(1) The number of covered children receiving health care 
        or benefits under this chapter as of the date on which the 
        report is submitted.
            ``(2) The number of covered children for which the 
        Department is paying for or providing a social worker as of such 
        date.
            ``(3) Metrics on outreach conducted under section 1836(b) of 
        this title.''.

    (c) <<NOTE: 38 USC 1831 note.>>  Memorandum of Understanding.--Not 
later than 90 days after the date of the enactment of this Act, the 
Under Secretary for Benefits of the Department of Veterans Affairs and 
the Under Secretary for Health of the Department shall enter into a 
memorandum of understanding--
            (1) to better assist covered children (as defined in section 
        1831 of title 38, United States Code, as amended by subsection 
        (a)); and
            (2) to establish conditions to be included in the report 
        required by section 1836(c) of title 38, United States Code, as 
        added by subsection (b).

    (d) Implementation.--
            (1) <<NOTE: Deadline. 38 USC 1835 note.>>  Advisory 
        council.--Not later than 270 days after the date of the 
        enactment of this Act, the Secretary of Veterans Affairs shall 
        establish the advisory council required under section 1835 of 
        title 38, United States Code, as added by subsection (b).
            (2) <<NOTE: 38 USC 1836 note.>>  Care and coordination 
        teams.--Not later than one year after the date of the enactment 
        of this Act, the Secretary of Veterans Affairs shall establish 
        the care and coordination teams required under section 1836 of 
        such title, as added by subsection (b).

[[Page 137 STAT. 105]]

    (e) Clerical Amendment.--The table of sections at the beginning of 
chapter 18 of title 38, United States Code, <<NOTE: 38 USC prec. 
1801.>>  is amended by adding at the end the following new items:

``1835. Advisory council.
``1836. Care and coordination teams.
``1837. Duration of health care and benefits provided.
``1838. Biennial report.''.

    Approved October 6, 2023.

LEGISLATIVE HISTORY--S. 112:
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CONGRESSIONAL RECORD, Vol. 169 (2023):
            July 13, considered and passed Senate.
            Sept. 18, 19, considered and passed House.

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