Federal

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.

Source: Congress.gov · 905 words in original text

What This Bill Does

This bill changes the law to improve health care and benefits for children of Vietnam veterans born with spina bifida (a birth condition affecting the spine). The bill creates new support systems including an advisory council, care coordination teams and regular reporting to Congress.

Who It Affects

- Children of Vietnam veterans who are eligible for these health care benefits - Veterans whose children receive these benefits - The Department of Veterans Affairs - Congress

Key Provisions

- The Secretary of Veterans Affairs must establish an advisory council made up of federal employees to gather feedback from eligible children and veterans about their health care and benefits (Sec. 1835) - Care and coordination teams must contact each eligible child at least once every 180 days to ensure continued care and help with any needed changes (Sec. 1836) - Eligible children receive health care and benefits for their entire lives, even if their parent dies (Sec. 1837) - The Secretary must submit a report to Congress at least once every two years showing how many children receive benefits, how many have social workers, and details about outreach efforts (Sec. 1838) - Two department officials must sign a memorandum of understanding (a formal written agreement) within 90 days to better assist eligible children (Sec. 1(c))

What Changes

The Department of Veterans Affairs must create new structures to support eligible children. An advisory council will be established within 270 days. Care coordination teams will begin operating within one year. The department must now contact eligible children regularly and provide life-long benefits regardless of a parent's death.

Important Definitions

- "Covered child" means a child who is eligible for health care and benefits under this law - "Covered veteran" means an individual whose children are eligible for health care and benefits under this law

Effective Date

Not specified in bill text

137 STAT. 103 PUBLIC LAW 118–18—OCT. 6, 2023 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. 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 VET- ERANS 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 para- graphs: ‘‘(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: ‘‘§ 1835. Advisory council ‘‘(a) IN GENERAL.—The Secretary shall establish an advisory council on health care and benefits for covered children. ‘‘(b) MEMBERSHIP.—The advisory council established under sub- section (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. ‘‘§ 1836. Care and coordination teams ‘‘(a) 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) 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). Time period. Establishment. 38 USC 1836. Establishment. 38 USC 1835. Oct. 6, 2023 [S. 112] VerDate Sep 11 2014 07:04 Oct 12, 2023 Jkt 049139 PO 00018 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL018.118 PUBL018 whamilton on LAP1Z6H6L3PROD with PUBLAW 137 STAT. 104 PUBLIC LAW 118–18—OCT. 6, 2023 ‘‘(c) REPORT.—Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Com- mittee 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 chil- dren under subsection (b)(2). ‘‘§ 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. ‘‘§ 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 Depart- ment 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) 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 memo- randum 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) 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 sec- tion 1835 of title 38, United States Code, as added by subsection (b). (2) 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). 38 USC 1836 note. Deadline. 38 USC 1835 note. 38 USC 1831 note. 38 USC 1838. 38 USC 1837. VerDate Sep 11 2014 07:04 Oct 12, 2023 Jkt 049139 PO 00018 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL018.118 PUBL018 whamilton on LAP1Z6H6L3PROD with PUBLAW 137 STAT. 105 PUBLIC LAW 118–18—OCT. 6, 2023 LEGISLATIVE HISTORY—S. 112: CONGRESSIONAL RECORD, Vol. 169 (2023): July 13, considered and passed Senate. Sept. 18, 19, considered and passed House. Æ (e) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 18 of title 38, United States Code, 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. 38 USC prec. 1801. VerDate Sep 11 2014 07:04 Oct 12, 2023 Jkt 049139 PO 00018 Frm 00003 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL018.118 PUBL018 whamilton on LAP1Z6H6L3PROD with PUBLAW

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