[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 533 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 533

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            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

_______________________________________________________________________

                                 A BILL


 
 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:

``18. Disability Benefits for Children of Vietnam Veterans      1801''.
                            and Other Veterans Exposed to 
                            Herbicide Agents.
                                 <all>