BENEFITS FOR THE CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM CERTAIN BIRTH DEFECTS.

SEC. 401. BENEFITS FOR THE CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM CERTAIN BIRTH DEFECTS. (a) In General.—Chapter 18 is amended by adding at the end the following new subchapter: “SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS “§ 1811. Definitions “In this subchapter: “(1) The term ‘eligible child’ means an individual who— “(A) is the child (as defined in section 1821(1) of this title) of a woman Vietnam veteran; and “(B) was born with one or more covered birth defects. “(2) The term ‘covered birth defect’ means a birth defect identified by the Secretary under section 1812 of this title. “§ 1812. Covered birth defects “(a) Identification.—The Secretary shall identify the birth defects of children of women Vietnam veterans that— “(1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and “(2) result in permanent physical or mental disability. “(b) Limitations.—(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following: “(A) A familial disorder. “(B) A birth-related injury. “(C) A fetal or neonatal infirmity with well-established causes. “(2) In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter. “§ 1813. 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 birth defects or any disability that is associated with those birth defects. 114 STAT. 1858 “(b) Authority for Care To Be Provided Directly 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 treated as a reference to a specialized clinic treating the birth defect 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 1814 of this title. “§ 1814. Vocational training “(a) Authority.—The Secretary may provide a program of vocational training to an eligible child if the Secretary 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). “§ 1815. Monetary allowance “(a) Monetary Allowance.—The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child. “(b) Schedule for Rating Disabilities.—(1) The amount of the monthly allowance paid under this section 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 birth defects that is prescribed by the Secretary. “(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. “(c) Amount of Monthly Allowance.—The amount of the monthly allowance paid under this section shall be as follows: “(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100. “(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of— “(A) $214; or “(B) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section. “(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of— 114 STAT. 1859 “(A) $743; or “(B) the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section. “(4) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of— “(A) $1,272; or “(B) the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section. “(d) Indexing to Security Benefit Increases.—Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title. “§ 1816. Regulations “The Secretary shall prescribe regulations for purposes of the administration of this subchapter.”. (b) Consolidation of Provisions Applicable to Both Subchapters.—Chapter 18 is further amended by adding after subchapter II, as added by subsection (a), the following new subchapter: “SUBCHAPTER III—GENERAL PROVISIONS “§ 1821. Definitions “In this chapter: “(1) The term ‘child’ means an individual, regardless of age or marital status, who— “(A) is the natural child of a Vietnam veteran; and “(B) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. “(2) The term ‘Vietnam veteran’ means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. “(3) The term Vietnam era' with respect to— “(A) subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and “(B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975. “§ 1822. Applicability of certain administrative provisions “(a) Applicability of Certain Provisions Relating to Compensation.—The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title. “(b) Specified Provisions.—The provisions of this title referred to in subsection (a) are the following: “(1) Section 5101(c). “(2) Subsections (a), (b)(2), (g), and (i) of section 5110. “(3) Section 5111. 114 STAT. 1860 “(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112. “§ 1823. Treatment of receipt of monetary allowance and other benefits “(a) Coordination With Other Benefits Paid to the recipient.—Notwithstanding any other provision of law, receipt by an individual of a monetary 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 is otherwise entitled under any law administered by the Secretary. “(b) Coordination With Benefits Based on Relationship of recipients.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance. “(c) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.—Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program. “§ 1824. Nonduplication of benefits “(a) Monetary Allowance.—In the case of an eligible child under subchapter II of this chapter whose only covered birth defect is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid under subchapter II of this chapter. “(b) Vocational Rehabilitation.—An individual may only be provided one program of vocational training under this chapter”. (c) Repeal of Recodified Provisions.—The following provisions are repealed: (1) Section 1801. (2) Subsections (c) and (d) of section 1805. (3) Section 1806. (d) Designation of Subchapter I.—Chapter 18 is further amended by inserting before section 1802 the following: “SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA”. (e) Conforming Amendments.—(1) Section 1802 is amended by striking “this chapter” and inserting “this subchapter”. (2) Section 1805(a) is amended by striking “this chapter” and inserting “this section”. (f) Clerical Amendments.—(1) The chapter heading of chapter 18 is amended to read as follows: 114 STAT. 1861 “CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM VETERANS”. (2) The tables of chapters before part I, and at the beginning of part II, are each amended by striking the item relating to chapter 18 and inserting the following new item: “18. Benefits for Children of Vietnam Veterans .................................................... 1802”. (3) The table of sections at the beginning of chapter 18 is amended— (A) by inserting at the beginning the following: “SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA”; (B) by striking the items relating to sections 1801 and 1806; and (C) by adding at the end the following: “SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS “1811. Definitions. “1812. Covered birth defects. “1813. Health care. “1814. Vocational training. “1815. Monetary allowance. “1816. Regulations. “SUBCHAPTER III—GENERAL PROVISIONS “1821. Definitions. “1822. Applicability of certain administrative provisions. “1823. Treatment of receipt of monetary allowance and other benefits. “1824. Nonduplication of benefits.”. (g) Effective Date.—(1) Except as provided in paragraph (2),the amendments made by this section shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act. (2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by sub chapter II of chapter 18 of that title (as so added),not later than the effective date specified in paragraph (1).