38 U.S.C. § 1822 — Benefits for children of certain Thailand

Page 492 TITLE 38—VETERANS’ BENEFITS § 1816 mediate 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 sub- section (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 IN- CREASES.—Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be sub- ject to adjustment from time to time under sec- tion 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 sub- chapter. (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 sec- tions 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. SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VET- ERANS BORN WITH SPINA BIFIDA Editorial Notes PRIOR PROVISIONS A prior subchapter III of this chapter, consisting of former sections 1821 to 1824, was redesignated sub- chapter IV of this chapter. AMENDMENTS 2019—Pub. L. 116–23, § 4(c)(1), June 25, 2019, 133 Stat. 971, inserted ‘‘AND THAILAND’’ after ‘‘KOREA’’ in subchapter heading. § 1821. 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 serv- ice in Korea who is suffering from spina bifida the health care, vocational training and reha- bilitation, 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 cov- ered 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 cov- ered service in Korea is any individual, without regard to the characterization of that individ- ual’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 con- sultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demili- tarized 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 deter- mined by the Secretary in consultation with the Secretary of Defense, during the period begin- ning on September 1, 1967, and ending on August 31, 1971. (Added Pub. L. 108–183, title I, § 102(a)(2), Dec. 16, 2003, 117 Stat. 2653.) Editorial Notes PRIOR PROVISIONS A prior section 1821 was renumbered section 1831 of this title. Another prior section 1821 was renumbered section 3721 of this title. § 1822. 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 serv- ice 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 THAI- LAND.—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— Page 493 TITLE 38—VETERANS’ BENEFITS § 1831 (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 con- sultation 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, dur- ing the period beginning on January 9, 1962, and ending on May 7, 1975. (Added Pub. L. 116–23, § 4(a), June 25, 2019, 133 Stat. 970.) Editorial Notes PRIOR PROVISIONS A prior section 1822 was renumbered section 1832 of this title. Another prior section 1822, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1214; Pub. L. 89–358, § 5(c), Mar. 3, 1966, 88 Stat. 26; Pub. L. 89–623, § 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 90–301, § 2(b), May 7, 1968, 82 Stat. 113, provided for bringing of an action in district court, by veteran or Attorney General, against one who knowingly partici- pated in sale of property to a veteran for consideration in excess of reasonable value of property, prior to re- peal by Pub. L. 93–569, §§ 7(a), 10, Dec. 31, 1974, 88 Stat. 1866, 1867, effective Dec. 31, 1974. A prior section 1823 was renumbered section 1833 of this title. Another prior section 1823 was renumbered section 3723 of this title and subsequently repealed. A prior section 1824 was renumbered section 1834 of this title. Another prior section 1824 was renumbered section 3724 of this title and subsequently repealed. Another prior section 1824 was renumbered section 3725 of this title and subsequently repealed. A prior section 1825 was renumbered 3725 of this title and subsequently repealed. Prior sections 1826 to 1830 were renumbered sections 3726 to 3730 of this title, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–23, § 4(f), June 25, 2019, 133 Stat. 972, pro- vided that: ‘‘The amendments made by this section [en- acting this section and amending section 1831 of this title] shall take effect on January 1, 2020.’’ IMPLEMENTATION Pub. L. 116–23, § 4(d), June 25, 2019, 133 Stat. 971, pro- vided that: ‘‘(1) GUIDANCE.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guid- ance to implement section 1822 of title 38, United States Code, as added by subsection (a), before pre- scribing new regulations under such section. ‘‘(2) UPDATES.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to re- spond to inquiries from veterans regarding claims for disability compensation under section 1822 of title 38, United States Code, as added by subsection (a) of this section. ‘‘(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1822, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Rep- resentatives and the Senate updates on the status of such regulations. ‘‘(3) PENDING CASES.— ‘‘(A) AUTHORITY TO STAY.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementa- tion of section 1822 of title 38, United States Code, as added by subsection (a). ‘‘(B) CLAIMS DESCRIBED.—A claim described in this subparagraph is a claim for benefits— ‘‘(i) relating to the spina bifida and service cov- ered by such section 1822; and ‘‘(ii) that is pending at the Veterans Benefits Ad- ministration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1822.’’ SUBCHAPTER IV—GENERAL PROVISIONS Editorial Notes AMENDMENTS 2003—Pub. L. 108–183, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653, redesignated former subchapter III of this chapter as this subchapter. § 1831. 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 vet- eran; and (ii) was conceived after the date on which that veteran first entered the Re- public of Vietnam during the Vietnam era. (B) For purposes of section 1821 of this title, an individual, regardless of age or mar- ital 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, an individual, regardless of age or mar- ital 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 in- dividual 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 Viet- nam during the Vietnam era, without regard to the characterization of that individual’s service.