II 116TH CONGRESS 2D SESSION S. 3613 To amend title 38, United States Code, to strengthen existing benefits for certain descendants of veterans exposed to herbicide agents, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 5, 2020 Mr. BRAUN introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to strengthen exist- ing benefits for certain descendants of veterans exposed to herbicide agents, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. BENEFITS FOR ELIGIBLE DESCENDANTS OF 3 VETERANS EXPOSED TO HERBICIDE AGENTS. 4 (a) IN GENERAL.—Chapter 18 of title 38, United 5 States Code, is amended to read as follows: 6 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3613 IS ‘‘CHAPTER 18—BENEFITS FOR ELIGIBLE 1 DESCENDANTS OF VETERANS EX- 2 POSED TO HERBICIDE AGENTS 3 ‘‘CHAPTER 18—BENEFITS FOR ELIGIBLE DESCENDANTS OF VETERANS EXPOSED TO HERBICIDE AGENTS ‘‘Sec. 1801. Definitions. ‘‘SUBCHAPTER I—ELIGIBLE DESCENDANTS OF VETERANS EXPOSED TO HERBICIDE AGENTS BORN WITH SPINA BIFIDA ‘‘Sec. 1811. Eligibility. ‘‘Sec. 1812. Health care. ‘‘Sec. 1813. Vocational training. ‘‘Sec. 1814. Monetary allowance. ‘‘SUBCHAPTER II—ELIGIBLE DESCENDANTS OF WOMEN VETERANS EXPOSED TO HERBICIDE AGENTS BORN WITH CERTAIN BIRTH DEFECTS ‘‘Sec. 1821. Eligibility; definition. ‘‘Sec. 1822. Covered birth defects. ‘‘Sec. 1823. Health care. ‘‘Sec. 1824. Vocational training. ‘‘Sec. 1825. Monetary allowance. ‘‘Sec. 1826. Regulations. ‘‘SUBCHAPTER III—ADMINISTRATION ‘‘Sec. 1831. Determination of eligibility. ‘‘Sec. 1832. Care coordinators for eligible descendants. ‘‘Sec. 1833. Duration of health care and benefits provided. ‘‘Sec. 1834. Applicability of certain administrative provisions. ‘‘Sec. 1835. Treatment of receipt of monetary allowance and other benefits. ‘‘Sec. 1836. Nonduplication of benefits. ‘‘§ 1801. Definitions 4 ‘‘In this chapter: 5 ‘‘(1) COVERED BIRTH DEFECT.—The term ‘cov- 6 ered birth defect’ means a birth defect identified by 7 the Secretary under section 1822 of this title. 8 ‘‘(2) COVERED VETERAN.—The term ‘covered 9 veteran’ means an individual who— 10 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3613 IS ‘‘(A) served in the active military, naval, or 1 air service, without regard to the characteriza- 2 tion of that individual’s service; and 3 ‘‘(B) is determined by the Secretary, in 4 consultation with the Secretary of Defense, to 5 have been exposed to a herbicide agent during 6 such service. 7 ‘‘(3) ELIGIBLE DESCENDANT.—The term ‘eligi- 8 ble descendant’ means— 9 ‘‘(A) for purposes of eligibility for health 10 care and benefits under subchapter I, an indi- 11 vidual described in section 1811 of this title; 12 and 13 ‘‘(B) for purposes of eligibility for health 14 care and benefits under subchapter II, an indi- 15 vidual described in section 1821(a) of this title. 16 ‘‘(4) FACILITY OF THE DEPARTMENT.—The 17 term ‘facility of the Department’ has the meaning 18 given the term ‘facilities of the Department’ in sec- 19 tion 1701 of this title. 20 ‘‘(5) HERBICIDE AGENT.—The term ‘herbicide 21 agent’ means a chemical in a herbicide used in sup- 22 port of United States and allied military operations, 23 as determined by the Secretary in consultation with 24 the Secretary of Defense. 25 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3613 IS ‘‘SUBCHAPTER I—ELIGIBLE DESCENDANTS OF 1 VETERANS EXPOSED TO HERBICIDE 2 AGENTS BORN WITH SPINA BIFIDA 3 ‘‘§ 1811. Eligibility 4 ‘‘For purposes of this subchapter, an eligible descend- 5 ant is an individual, regardless of age or marital status, 6 who— 7 ‘‘(1)(A)(i) is the natural child of a covered vet- 8 eran; and 9 ‘‘(ii) was conceived after the date on which that 10 veteran first was exposed to a herbicide agent during 11 service in the active military, naval, or air service; or 12 ‘‘(B) is the natural child of an individual de- 13 scribed in subparagraph (A); and 14 ‘‘(2) was born with any form or manifestation of 15 spina bifida, except spina bifida occulta. 16 ‘‘§ 1812. Health care 17 ‘‘(a) IN GENERAL.—In accordance with regulations 18 prescribed by the Secretary, the Secretary shall provide 19 an eligible descendant with health care under this section. 20 ‘‘(b) PROVISION OF CARE.— The Secretary shall pro- 21 vide health care under this section— 22 ‘‘(1) through facilities of the Department; or 23 ‘‘(2) by contract or other arrangement with any 24 health care provider, as coordinated by the care co- 25 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3613 IS ordinator assigned under section 1832 of this title 1 for the eligible descendant. 2 ‘‘(c) DEFINITIONS.—In this section: 3 ‘‘(1) HEALTH CARE.—The term ‘health care’— 4 ‘‘(A) means home care, hospital care, nurs- 5 ing home care, outpatient care, preventive care, 6 habilitative and rehabilitative care, case man- 7 agement, and respite care; and 8 ‘‘(B) includes— 9 ‘‘(i) the training of appropriate mem- 10 bers of an eligible descendant’s family or 11 household in the care of the descendant; 12 and 13 ‘‘(ii) the provision of such pharma- 14 ceuticals, supplies, equipment, devices, ap- 15 pliances, assistive technology, direct trans- 16 portation costs to and from approved 17 sources of health care, and other materials 18 as the Secretary determines necessary. 19 ‘‘(2) HABILITATIVE AND REHABILITATIVE 20 CARE.—The term ‘habilitative and rehabilitative 21 care’ means such professional, counseling, and guid- 22 ance services and treatment programs (other than 23 vocational training under section 1813 of this title) 24 as are necessary to develop, maintain, or restore, to 25 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3613 IS the maximum extent practicable, the functioning of 1 a disabled person. 2 ‘‘(3) HEALTH CARE PROVIDER.—The term 3 ‘health care provider’ includes specialized spina 4 bifida clinics, health care plans, insurers, organiza- 5 tions, institutions, and any other entity or individual 6 furnishing health care services that the Secretary de- 7 termines are authorized under this section. 8 ‘‘(4) HOME CARE.—The term ‘home care’ 9 means outpatient care, habilitative and rehabilitative 10 care, preventive health services, and health-related 11 services furnished to an individual in the individual’s 12 home or other place of residence, including assist- 13 ance with activities of daily living and instrumental 14 activities of daily living. 15 ‘‘(5) HOSPITAL CARE.—The term ‘hospital care’ 16 means care and treatment for a disability furnished 17 to an individual who has been admitted to a hospital 18 as a patient. 19 ‘‘(6) NURSING HOME CARE.—The term ‘nursing 20 home care’ means care and treatment for a disability 21 furnished to an individual who has been admitted to 22 a nursing home as a resident. 23 ‘‘(7) OUTPATIENT CARE.—The term ‘outpatient 24 care’ means care and treatment of a disability, and 25 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3613 IS preventive health services, furnished to an individual 1 other than hospital care or nursing home care. 2 ‘‘(8) PREVENTIVE CARE.—The term ‘preventive 3 care’ means care and treatment furnished to prevent 4 disability or illness, including periodic examinations, 5 immunizations, patient health education, and such 6 other services as the Secretary determines necessary 7 to provide effective and economical preventive health 8 care. 9 ‘‘(9) RESPITE CARE.—The term ‘respite care’ 10 means care furnished on an intermittent basis for a 11 limited period to an individual who resides primarily 12 in a private residence when such care will help the 13 individual to continue residing in such private resi- 14 dence. 15 ‘‘§ 1813. Vocational training 16 ‘‘(a) AUTHORITY.—Pursuant to regulations pre- 17 scribed by the Secretary, the Secretary may provide voca- 18 tional training under this section to an eligible descendant 19 if the Secretary determines that the achievement of a vo- 20 cational goal by such descendant is reasonably feasible. 21 ‘‘(b) PROGRAM DESIGN.—Any program of vocational 22 training for an eligible descendant under this section 23 shall— 24 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3613 IS ‘‘(1) be designed in consultation with the de- 1 scendant in order to meet the descendant’s indi- 2 vidual needs; 3 ‘‘(2) be set forth in an individualized written 4 plan of vocational rehabilitation; and 5 ‘‘(3) be designed and developed before the date 6 specified in subsection (d)(3) so as to permit the be- 7 ginning of the program as of such date. 8 ‘‘(c) PROGRAM ELEMENTS.— 9 ‘‘(1) IN GENERAL.—A vocational training pro- 10 gram for an eligible descendant under this section— 11 ‘‘(A) shall consist of such vocationally ori- 12 ented services and assistance, including such 13 placement and post-placement services and per- 14 sonal and work adjustment training, as the Sec- 15 retary determines are necessary to enable the 16 descendant to prepare for and participate in vo- 17 cational training or employment; and 18 ‘‘(B) may include a program of education 19 at an institution of higher learning if the Sec- 20 retary determines that the program of edu- 21 cation is predominantly vocational in content. 22 ‘‘(2) EXCLUSIONS.—A vocational training pro- 23 gram under this section may not include the provi- 24 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3613 IS sion of any loan or subsistence allowance or any 1 automobile adaptive equipment. 2 ‘‘(d) PROGRAM DURATION.— 3 ‘‘(1) IN GENERAL.—Except as provided in para- 4 graph (2) and subject to subsection (e)(2), a voca- 5 tional training program under this section may not 6 exceed 24 months. 7 ‘‘(2) EXTENSIONS.—The Secretary may grant 8 an extension of a vocational training program for an 9 eligible descendant under this section for up to 24 10 additional months if the Secretary determines that 11 the extension is necessary in order for the descend- 12 ant to achieve a vocational goal identified (before the 13 end of the first 24 months of such program) in the 14 written plan of vocational rehabilitation formulated 15 for the descendant pursuant to subsection (b). 16 ‘‘(3) COMMENCEMENT.—A vocational training 17 program under this section may begin on the eligible 18 descendant’s 18th birthday, or on the successful 19 completion of the descendant’s secondary schooling, 20 whichever first occurs, except that, if the descendant 21 is above the age of compulsory school attendance 22 under applicable State law and the Secretary deter- 23 mines that the descendant’s best interests will be 24 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3613 IS served thereby, the vocational training program may 1 begin before the descendant’s 18th birthday. 2 ‘‘(e) RELATIONSHIP TO OTHER PROGRAMS.— 3 ‘‘(1) IN GENERAL.—An eligible descendant who 4 is pursuing a program of vocational training under 5 this section and is also eligible for assistance under 6 a program under chapter 35 of this title may not re- 7 ceive assistance under both such programs concur- 8 rently. The descendant shall elect (in such form and 9 manner as the Secretary may prescribe) the program 10 under which the descendant is to receive assistance. 11 ‘‘(2) AGGREGATE PERIOD.—The aggregate pe- 12 riod for which an eligible descendant may receive as- 13 sistance under this section and chapter 35 of this 14 title may not exceed 48 months (or the part-time 15 equivalent thereof). 16 ‘‘§ 1814. Monetary allowance 17 ‘‘(a) MONETARY ALLOWANCE.—The Secretary shall 18 pay a monthly allowance under this section to an eligible 19 descendant for any disability resulting from spina bifida 20 suffered by such descendant. 21 ‘‘(b) SCHEDULE FOR RATING OF DISABILITIES.— 22 ‘‘(1) IN GENERAL.—The amount of the allow- 23 ance paid to an eligible descendant under this sec- 24 tion shall be based on the degree of disability suf- 25 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3613 IS fered by the descendant, as determined in accord- 1 ance with such schedule for rating disabilities result- 2 ing from spina bifida as the Secretary may pre- 3 scribe. 4 ‘‘(2) LEVELS OF DISABILITY.—The Secretary 5 shall, in prescribing the rating schedule for purposes 6 of this section, establish three levels of disability 7 upon which the amount of the allowance provided by 8 this section shall be based. 9 ‘‘(c) AMOUNT OF MONTHLY ALLOWANCE.— 10 ‘‘(1) IN GENERAL.—The amounts of the allow- 11 ance shall be $200 per month for the lowest level of 12 disability prescribed, $700 per month for the inter- 13 mediate level of disability prescribed, and $1,200 per 14 month for the highest level of disability prescribed. 15 ‘‘(2) ADJUSTMENT.—Amounts under paragraph 16 (1) are subject to adjustment under section 5312 of 17 this title. 18 VerDate Sep 11 2014 23:15 May 07, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3613.IS S3613 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3613 IS ‘‘SUBCHAPTER II—ELIGIBLE DESCENDANTS OF 1 WOMEN VETERANS EXPOSED TO HERBI- 2 CIDE AGENTS BORN WITH CERTAIN BIRTH 3 DEFECTS 4 ‘‘§ 1821. Eligibility; definition 5 ‘‘(a) ELIGIBILITY.—For purposes of this subchapter, 6 an eligible descendant is an individual, regardless of age 7 or marital status, who— 8 ‘‘(1)(A)(i) is the natural child of a covered 9 woman veteran; and 10 ‘‘(ii) was conceived after the date on which that 11 veteran first was exposed to a herbicide agent during 12 service in the active military, naval, or air service; or 13 ‘‘(B) is the natural child of an individual de- 14 scribed in subparagraph (A); and 15 ‘‘(2) was born with one or m [Text truncated for display. Full text available on Congress.gov.]