SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS

§1811. Definitions

In this subchapter:

(1) The term "eligible child" means an individual who—

(A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam veteran; and

(B) was born with one or more covered birth defects.

(2) The term "covered birth defect" means a birth defect identified by the Secretary under section 1812 of this title.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108–183, title I, §102(d)(1), Dec. 16, 2003, 117 Stat. 2654.)

Editorial Notes

Prior Provisions

A prior section 1811 was renumbered section 3711 of this title.

Amendments

2003—Par. (1)(A). Pub. L. 108–183 substituted "section 1831(1)" for "section 1821(1)".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–419, title IV, §401(g), Nov. 1, 2000, 114 Stat. 1861, provided that:

"(1) Except as provided in paragraph (2), the amendments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000].

"(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by subchapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1)."

§1812. Covered birth defects

(a) Identification.—The Secretary shall identify the birth defects of children of women Vietnam veterans that—

(1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and

(2) result in permanent physical or mental disability.

(b) Limitations.—(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following:

(A) A familial disorder.

(B) A birth-related injury.

(C) A fetal or neonatal infirmity with well-established causes.

(2) In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857.)

Editorial Notes

Prior Provisions

A prior section 1812 was renumbered section 3712 of this title.

Another prior section 1812, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1210, automatically guaranteed loans made to a veteran if made for the purpose of purchasing farms and farm equipment, prior to repeal by Pub. L. 93–569, §7(a), Dec. 31, 1974, 88 Stat. 1866.

§1813. Health care

(a) Needed Care.—The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child's covered birth defects or any disability that is associated with those birth defects.

(b) Authority for Care To Be Provided Directly or by Contract.—The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider.

(c) Definitions.—For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes—

(1) the reference to "specialized spina bifida clinic" in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the birth defect concerned under this section; and

(2) the reference to "vocational training under section 1804 of this title" in paragraph (8) of that section shall be treated as a reference to vocational training under section 1814 of this title.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857.)

Editorial Notes

Prior Provisions

A prior section 1813 was renumbered section 3713 of this title.

Another prior section 1813, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1211, automatically guaranteed loans made to a veteran if made for the purpose of purchasing business property, prior to repeal by Pub. L. 93–569, §7(a), Dec. 31, 1974, 88 Stat. 1866.

§1814. Vocational training

(a) Authority.—The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible.

(b) Applicable Provisions.—Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under subsection (a).

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1858.)

Editorial Notes

Prior Provisions

A prior section 1814 was renumbered section 3714 of this title.

Another prior section 1814, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1211, Pub. L. 86–665, §3, July 14, 1960, 74 Stat. 531; Pub. L. 87–84, §1(c), July 6, 1961, 75 Stat. 201, automatically guaranteed loans made to a veteran if made for the purpose of refinancing delinquent indebtedness, prior to repeal by Pub. L. 93–569, §7(a), Dec. 31, 1974, 88 Stat. 1866.

§1815. Monetary allowance

(a) Monetary Allowance.—The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.

(b) Schedule for Rating Disabilities.—(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.

(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.

(c) Amount of Monthly Allowance.—The amount of the monthly allowance paid under this section shall be as follows:

(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.

(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A) $214; or

(B) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.

(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A) $743; or

(B) the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.

(4) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A) $1,272; or

(B) the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.

(d) Indexing to Social Security Benefit Increases.—Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1858.)

Editorial Notes

Prior Provisions

A prior section 1815 was renumbered section 3703(a)(2) of this title.

§1816. Regulations

The Secretary shall prescribe regulations for purposes of the administration of this subchapter.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1859.)

Editorial Notes

Prior Provisions

A prior section 1816 was renumbered sections 3732 and 3733 of this title.

Prior sections 1817 and 1817A were renumbered sections 3713 and 3714 of this title, respectively.

A prior section 1818, added Pub. L. 89–358, §5(a), Mar. 3, 1966, 80 Stat. 25; amended Pub. L. 91–506, §2(e), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 93–569, §8(6), (7), Dec. 31, 1974, 88 Stat. 1866, 1867; Pub. L. 94–324, §4, June 30, 1976, 90 Stat. 720; Pub. L. 95–476, title I, §106(a), Oct. 18, 1978, 92 Stat. 1499; Pub. L. 97–72, title III, §303(g), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97–295, §4(66), Oct. 12, 1982, 96 Stat. 1310, related to service after Jan. 31, 1955, and prior to Aug. 5, 1964, or after May 7, 1975, prior to repeal by Pub. L. 100–322, title IV, §415(b)(3), May 20, 1988, 102 Stat. 551.

A prior section 1819 was renumbered section 3712 of this title.

A prior section 1820 was renumbered section 3720 of this title.