To amend title 38, United States Code, to provide for health benefits and certain other benefits to be furnished by the Department of Veterans Affairs to any individual who has spina bifida and is the natural child of a veteran who, while in military service, was exposed to a herbicide agent.

February 5, 2003

Mr. EVANS (for himself, Mr. RODRIGUEZ, Mr. FILNER, Mr. GUTIERREZ, Ms. CORRINE BROWN of Florida, Mr. SNYDER, Mr. MCINTYRE, Mr. SANDERS, Mr. SERRANO, and Mr. WAXMAN) introduced the following bill; which was referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to provide for health benefits and certain other benefits to be furnished by the Department of Veterans Affairs to any individual who has spina bifida and is the natural child of a veteran who, while in military service, was exposed to a herbicide agent.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Agent Orange Veterans' Disabled Children's Benefits Act of 2003'.

SEC. 2. EXTENSION OF SPINA BIFIDA BENEFITS FOR CHILDREN OF VETERANS.

(a) ELIGIBLE CHILDREN- Subchapter I of chapter 18 of title 38, United States Code, is amended by inserting before section 1802 the following new section:

`Sec. 1801. Persons eligible for benefits

`(a) ELIGIBLE CHILD- An individual is an eligible child for purposes of this subchapter if the individual is suffering from spina bifida and is--

`(1) a child as defined in section 1821(1) of this title; or

`(2) the natural child, regardless of age or marital status, of a parent who performed qualifying herbicide-risk service, if the individual was conceived after the parent performed such service.

`(b) QUALIFYING HERBICIDE-RISK SERVICE- (1) An individual performed qualifying herbicide-risk service if (as determined by the Secretary) the individual, while performing active military, naval, or air service (without regard to the characterization of that individual's service)--

`(A) served in an area in which a Vietnam-era herbicide agent was used during a period during which such agent was used in that area; or

`(B) otherwise was exposed to a Vietnam-era herbicide agent.

`(2) For purposes of paragraph (1), the term `Vietnam-era herbicide agent' has the meaning given the term `herbicide agent' in section 1116(a)(3) of this title.'.

(b) HEALTH CARE- Section 1803(a) of such title is amended by striking `a child of a Vietnam veteran who is suffering from spina bifida' and inserting `an eligible child'.

(c) VOCATIONAL TRAINING AND REHABILITATION- Section 1804(a) of such title is amended by striking `a child of a Vietnam veteran who is suffering from spina bifida' and inserting `an eligible child'.

(d) MONETARY ALLOWANCE- Section 1805(a) of such title is amended by striking `any child of a Vietnam veteran' and inserting `any eligible child'.

(e) CONFORMING AMENDMENTS-

(1) The heading of chapter 18 of such title is amended to read as follows:

`CHAPTER 18--DISABILITY BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND OTHER VETERANS EXPOSED TO HERBICIDE AGENTS'.

(2) The heading of subchapter I of such chapter is amended to read as follows:

`SUBCHAPTER I--CHILDREN BORN WITH SPINA BIFIDA'.

(3) The table of sections at the beginning of such chapter is amended--

(A) by striking the item relating to subchapter I and inserting the following:

`SUBCHAPTER I--CHILDREN BORN WITH SPINA BIFIDA';

and

(B) by inserting before the item relating to section 1802 the following new item:

`1801. Persons eligible for benefits.'.

(4) The items relating to chapter 18 in the tables of chapters at the beginning of title 38, United States Code, and at the beginning of part II of such title, are amended to read as follows:

1801'.

END