To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.

I 118TH CONGRESS 1ST SESSION H. R. 3888 To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Mr. BAIRD introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to strengthen bene- fits for children of Vietnam veterans born with spina bifida, 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 CERTAIN CHILDREN OF VIET- 3 NAM VETERANS AND CERTAIN OTHER VET- 4 ERANS. 5 (a) DEFINITIONS.—Section 1831 of title 38, United 6 States Code, is amended— 7 (1) by redesignating paragraphs (2) and (3) as 8 paragraphs (4) and (5), respectively; and 9 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3888 IH (2) by inserting after paragraph (1) the fol- 1 lowing new paragraphs: 2 ‘‘(2) The term ‘covered child’ means a child 3 who is eligible for health care and benefits under 4 this chapter. 5 ‘‘(3) The term ‘covered veteran’ means an indi- 6 vidual whose children are eligible for health care and 7 benefits under this chapter.’’. 8 (b) IN GENERAL.—Subchapter IV of chapter 18 of 9 title 38, United States Code, is amended by adding at the 10 end the following new sections: 11 ‘‘§ 1835. Advisory council 12 ‘‘(a) IN GENERAL.—The Secretary shall establish an 13 advisory council on health care and benefits for covered 14 children. 15 ‘‘(b) MEMBERSHIP.—The advisory council estab- 16 lished under subsection (a) shall be composed of Federal 17 employees. 18 ‘‘(c) DUTIES.—The advisory council established 19 under subsection (a) shall solicit feedback from covered 20 children and covered veterans on the health care and bene- 21 fits provided under this chapter and communicate such 22 feedback to the Secretary. 23 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3888 IH ‘‘§ 1836. Care and coordination teams 1 ‘‘(a) IN GENERAL.—The Secretary shall establish 2 care and coordination teams for covered children. 3 ‘‘(b) OUTREACH.—A care and coordination team es- 4 tablished under subsection (a) shall attempt to contact 5 each covered child— 6 ‘‘(1) not less frequently than once every 180 7 days, to ensure the continued care of the child and 8 assist with any changes in care needed due to a 9 changed situation of the child; and 10 ‘‘(2) as soon as practicable after the identifica- 11 tion of a condition listed in the report required by 12 subsection (c). 13 ‘‘(c) REPORT.—Not later than 180 days after the 14 date of the enactment of this section, the Secretary shall 15 submit to the Committee on Veterans’ Affairs of the Sen- 16 ate and the Committee on Veterans’ Affairs of the House 17 of Representatives a report setting forth a list of condi- 18 tions that will trigger outreach to covered children under 19 subsection (b)(2). 20 ‘‘§ 1837. Duration of health care and benefits pro- 21 vided 22 ‘‘The Secretary shall provide a covered child with 23 health care and benefits under this chapter— 24 ‘‘(1) for the duration of the life of the child; 25 and 26 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3888 IH ‘‘(2) notwithstanding any death of a parent of 1 the child that precedes the death of the child. 2 ‘‘§ 1838. Biennial report 3 ‘‘Not less frequently than once every two years, the 4 Secretary shall submit to Congress a report setting forth 5 the following: 6 ‘‘(1) The number of covered children receiving 7 health care or benefits under this chapter as of the 8 date on which the report is submitted. 9 ‘‘(2) The number of covered children for which 10 the Department is paying for or providing a social 11 worker as of such date. 12 ‘‘(3) Metrics on outreach conducted under sec- 13 tion 1836(b) of this title.’’. 14 (c) MEMORANDUM OF UNDERSTANDING.—Not later 15 than 90 days after the date of the enactment of this Act, 16 the Under Secretary for Benefits of the Department of 17 Veterans Affairs and the Under Secretary for Health of 18 the Department shall enter into a memorandum of under- 19 standing— 20 (1) to better assist covered children (as defined 21 in section 1831 of title 38, United States Code, as 22 amended by subsection (a)); and 23 VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3888 IH (2) to establish conditions to be included in the 1 report required by section 1836(c) of title 38, 2 United States Code, as added by subsection (b). 3 (d) IMPLEMENTATION.— 4 (1) ADVISORY COUNCIL.—Not later than 270 5 days after the date of the enactment of this Act, the 6 Secretary of Veterans Affairs shall establish the ad- 7 visory council required under section 1835 of title 8 38, United States Code, as added by subsection (b). 9 (2) CARE AND COORDINATION TEAMS.—Not 10 later than one year after the date of the enactment 11 of this Act, the Secretary of Veterans Affairs shall 12 establish the care and coordination teams required 13 under section 1836 of such title, as added by sub- 14 section (b). 15 (e) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of chapter 18 of title 38, United States 17 Code, is amended by adding at the end the following new 18 items: 19 ‘‘1835. Advisory council. ‘‘1836. Care and coordination teams. ‘‘1837. Duration of health care and benefits provided. ‘‘1838. Biennial report.’’. Æ VerDate Sep 11 2014 03:53 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3888.IH H3888 pbinns on DSKJLVW7X2PROD with $$_JOB