§ 1802. Spina bifida conditions covered

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Pub. L. 104–204 title IV § 421(b)(1) · 110 Stat. 2874

   Enacted · 38 U.S.C. § 1802

   Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923

   Source evidence

   Code source credit
   Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923

   Enacted provision · exact public law section
   (1) Part II of title 38, United States Code, is amended by inserting after chapter 17 the following new chapter: CHAPTER 18— BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA “Sec. “1801. Definitions. “1802. Spina bifida conditions covered. “1803. Health care. “1804. Vocational training and rehabilitation. “1805. Monetary allowance. “1806. Effective date of awards. “§ 1801. Definitions “For the purposes of this chapter— “(1) The term ‘child’, with respect to a Vietnam veteran, means a natural child of the Vietnam veteran, regardless of age or marital status, who was conceived after the date on which the veteran first entered the Republic of Vietnam during the Vietnam era. “(2) The term ‘Vietnam veteran’ means a veteran who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era. “§ 1802. Spina bifida conditions covered “This chapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta. “§ 1803. Health care “(a) In accordance with regulations which the Secretary shall Regulations. prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition. “(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider. “(c) For the purposes of this section— “(1) The term ‘health care’— “(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and “(B) includes— “(i) the training of appropriate members of a child’s family or household in the care of the child; and “(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. “(2) The term ‘health care provider’ includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual who furnishes health care that the Secretary determines authorized under this section. “(3) The term ‘home care’ means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence. “(4) The term ‘hospital care’ means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. “(5) The term ‘nursing home care’ means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. “(6) The term ‘outpatient care’ means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. “(7) The term ‘preventive care’ means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care. “(8) The term ‘habilitative and rehabilitative care’ means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person. “(9) The term ‘respite care’ means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence. “§. 1804. Vocational training and rehabilitation “(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. “(b) Any program of vocational training for a child under this section shall be designed in consultation with the child in order to meet the child’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation. “(c) (1) A vocational training program for a child under this section— “(A) shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and “(B) may include a program of education at an institution of higher education if the Secretary determines that the program of education is predominantly vocational in content. “(2) A vocational training program under this subsection may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment. “(d) (1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months. “(2) The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b). “(e) (1) A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance. “(2) The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof). “§ 1805. Monetary allowance “(a) The Secretary shall pay a monthly allowance under this chapter to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child. “(b) (1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe. “(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based. “(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title. “(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the child’s relationship to the individual. “(d) Notwithstanaing any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program. “§ 1806. Effective date of awards “The effective date for an award of benefits under this chapter shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application for the benefits.”.

2. 2000

   Veterans Benefits and Health Care Improvement Act of 2000

   Pub. L. 106–419 title IV § 401(e)(1) · 114 Stat. 1822

   1. Amended · 38 U.S.C. § 1802

      Pub. L. 106–419, as amended by Pub. L. 107–14

   2. Substituted · 38 U.S.C. § 1802

      Pub. L. 106–419, as substituted “This subchapter” for “This chapter”

   Source evidence

   Code amendment note
   Pub. L. 106–419, as amended by Pub. L. 107–14, substituted “This subchapter” for “This chapter”.

   Enacted provision · exact public law section
   (1) Section 1802 is amended by striking “this chapter” and inserting “this subchapter”.

   Effective date note
   Pub. L. 107–14, § 8(b), June 5, 2001, 115 Stat. 36, provided that the amendment made by section 8(b) is effective Nov. 1, 2000, and as if included in the Veterans Benefits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted.

3. 2001

   Veterans’ Survivor Benefits Improvements Act of 2001

   Pub. L. 107–14 § 8(b)(3) · 115 Stat. 25

   Changed · 38 U.S.C. § 1802

   Pub. L. 107–14 made technical amendment to directory language of Pub. L. 106–419. See 2000 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 107–14 made technical amendment to directory language of Pub. L. 106–419. See 2000 Amendment note below.

   Enacted provision · exact public law section
   (3) Section 401(e)(1) (114 Stat. 1860) is amended by striking “this” both places it appears in quoted matter and inserting “This”

   Effective date note
   Pub. L. 107–14, § 8(b), June 5, 2001, 115 Stat. 36, provided that the amendment made by section 8(b) is effective Nov. 1, 2000, and as if included in the Veterans Benefits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted.

4 of 4 references resolved to an enrolled provision