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38 U.S.C. § 1832 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1832 — Definitions

In this chapter: (1) The term “child” means the following: (A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who— (i) is the natural child of a Vietnam veteran; and (ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. (B) For purposes of [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1821&num=0&edition=prelim), an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. (C) For purposes of [section 1822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1822&num=0&edition=prelim), an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. (2) The term “covered child” means a child who is eligible for health care and benefits under this chapter. (3) The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter. (4) The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. (5) The term “Vietnam era” with respect to— (A) s

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Source location: Title 38, Chapter 18, § 1832; chapter-018-benefits-for-children-of-vietnam-veterans-and-certain-other-veterans.md

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In this chapter: (1) The term “child” means the following: (A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who— (i) is the natural child of a Vietnam veteran; and (ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. (B) For purposes of [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1821&num=0&edition=prelim), an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. (C) For purposes of [section 1822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1822&num=0&edition=prelim), an individual, regardless of age or marital status, who— (i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and (ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section. (2) The term “covered child” means a child who is eligible for health care and benefits under this chapter. (3) The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter. (4) The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. (5) The term “Vietnam era” with respect to— (A) subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and (B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1811 — Repealed. Pub. L. 106–419, title IV, § 401(c)(3), Nov. 1, 2000, 114 Stat. 1860]

### Statutory Notes Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2926; amended Pub. L. 105–114, title IV, § 404(b)(1), Nov. 21, 1997, 111 Stat. 2294, related to applicability of certain administrative provisions. Prior section 1806 was renumbered [section 3706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3706&num=0&edition=prelim). Prior section 1807, added Pub. L. 94–324, § 2(a), June 30, 1976, 90 Stat. 720; amended Pub. L. 97–72, title III, § 303(d), Nov. 3, 1981, 95 Stat. 1060, related to service after July 25, 1947, and prior to June 27, 1950, prior to repeal by Pub. L. 100–322, title IV, § 415(a)(4), May 20, 1988, 102 Stat. 550. Prior section 1810 was renumbered [section 3710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under [section 1811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1811&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1822 — Benefits for children of certain Korea service veterans born with spina bifida

**(a) Benefits Authorized.—** The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. **(b) Spina Bifida Conditions Covered.—** This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. **(c) Veteran of Covered Service in Korea.—** For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who— (1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone. **(d) Herbicide Agent.—** For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3731 — Appraisals

**(a)** The Secretary shall— (1) subject to subsection (b)(2) and in consultation with appropriate representatives of institutions which are regularly engaged in making housing loans, prescribe uniform qualifications for appraisers, including the successful completion of a written test, submission of a sample appraisal, certification of an appropriate number of years of experience as an appraiser, and submission of recommendations from other appraisers; (2) use such qualifications in determining whether to approve an appraiser to make appraisals of the reasonable value of any property, construction, repairs, or alterations for the purposes of this chapter; and (3) in consultation with local representatives of institutions described in clause (1) of this subsection, develop and maintain lists of appraisers who are approved under clause (2) of this subsection to make appraisals for the purposes of this chapter. **(b)** (1) The Secretary shall select appraisers from a list required by subsection (a)(3) of this section on a rotating basis to make appraisals for the purposes of this chapter. (2) If uniform qualifications become applicable for appraisers who perform appraisals for or in connection with the Federal Government, the qualifications required by subsection (a)(1) of this section may be more stringent than such uniform qualifications, but the Secretary may use no written test in determining the qualifications of appraisers other than the test prescribed to implement such uniform qualifications. (3) The Secretary shall permit an appraiser on a list developed and maintained under subsection (a)(3) to make an appraisal for the purposes of this chapter based solely on information gathered by a person with whom the appraiser has entered into an agreement for such

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1831 — Benefits for children of certain Thailand service veterans born with spina bifida

**(a) Benefits Authorized.—** The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. **(b) Spina Bifida Conditions Covered.—** This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. **(c) Veteran of Covered Service in Thailand.—** For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual’s service, who— (1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. **(d) Herbicide Agent.—** For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1821 — Regulations

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3732 — Procedure on default

**(a)** (1) In the event of default in the payment of any loan guaranteed under this chapter, the holder of the loan shall notify the Secretary of such default. Upon receipt of such notice, the Secretary may, subject to subsection (c) of this section, pay to such holder the guaranty not in excess of the pro rata portion of the amount originally guaranteed. Except as provided in [section 3703(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3703/e&num=0&edition=prelim), if the Secretary makes such a payment, the Secretary shall be subrogated to the rights of the holder of the loan to the extent of the amount paid on the guaranty. (2) (A) The Secretary may, under terms and conditions determined by the Secretary— (i) pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan; (ii) require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the Secretary obtains a secured interest in the property covered by the loan; and (iii) require the holder of the loan to take any actions necessary to carry out this paragraph, including preparing, executing, transmitting, receiving, and recording documents, and requiring the holder of the loan to place the loan in forbearance. (B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under [section 1322(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322/b&num=0&edition=prelim), the Secretary may pay the holder of the housing loan the unpaid principal balance of the housing loan due, plus accrued interest, as of the date of the filing of the petition under title 11, but

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3733 — Property management

**(a)** (1) Of the number of purchases made during any fiscal year of real property acquired by the Secretary as the result of a default on a loan guaranteed under this chapter for a purpose described in [section 3710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/a&num=0&edition=prelim), not more than 65 percent, nor less than 50 percent, of such purchases may be financed by a loan made by the Secretary. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any fiscal year if the Secretary determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program. (2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect. (3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)— (A) with recourse; or (B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan. (4) (A) Except as provided in subparagraph (B), the amount of a loan made by the Secretary to finance the purchase of real property from the Secretary described in paragraph (1) may not exceed an amount equal to 95 percent of the purchase price of such real property. (B) (i) The Secretary may waive the provisions of subparagraph (A) in the case of any loan described in paragraph (5). (ii) A loan described in subparagraph (A) may, to the extent the Secretary determines to be necessary in order to market competitively the property involved, exceed 95 percent of the purchase price. (5) The Secretary may include, as part of a loan to finance a purchase of real proper

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1832 — Applicability of certain administrative

Page 494 TITLE 38—VETERANS’ BENEFITS § 1832 (5) The term ‘‘Vietnam era’’ with respect to— (A) subchapter I of this chapter, means the period beginning on January 9, 1962, and end- ing on May 7, 1975; and (B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975. (Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1821; renumbered § 1831 and amended Pub. L. 108–183, title I, § 102(a)(1), (b), Dec. 16, 2003, 117 Stat. 2653, 2654; Pub. L. 116–23, § 4(b), June 25, 2019, 133 Stat. 971; Pub. L. 118–18, § 1(a), Oct. 6, 2023, 137 Stat. 103.) Editorial Notes PRIOR PROVISIONS A prior section 1831 was renumbered section 3731 of this title. AMENDMENTS 2023—Pars. (2) to (5). Pub. L. 118–18 added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively. 2019—Par. (1)(B). Pub. L. 116–23, § 4(b)(1)(A), sub- stituted ‘‘section 1821 of this title’’ for ‘‘subchapter III of this chapter’’ in introductory provisions. Par. (1)(B)(i). Pub. L. 116–23, § 4(b)(1)(B), substituted ‘‘that section’’ for ‘‘section 1821 of this title’’. Par. (1)(C). Pub. L. 116–23, § 4(b)(2), added subpar. (C). 2003—Pub. L. 108–183, § 102(a)(1), renumbered section 1821 of this title as this section. Par. (1). Pub. L. 108–183, § 102(b), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘child’ means an individual, regardless of age or marital status, who— ‘‘(A) is the natural child of a Vietnam veteran; and ‘‘(B) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–23 effective Jan. 1, 2020,

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