
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 401(c)(1)]
[Document affected by Public Law 106-419 Section 401(f)(1)]
[Document affected by Public Law 106-419 Section 401(f)(3)]
[CITE: 38USC1801]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH 
                              SPINA BIFIDA
 
Sec. 1801. Definitions

    For the purposes of this chapter--
        (1) The term ``child'', with respect to a Vietnam veteran, means 
    a natural child of a Vietnam veteran, regardless of age or marital 
    status, who was conceived after the date on which the Vietnam 
    veteran first entered the Republic of Vietnam during the period 
    beginning on January 9, 1962, and ending on May 7, 1975.
        (2) The term ``Vietnam veteran'' means an individual who 
    performed active military, naval, or air service in the Republic of 
    Vietnam during the period beginning on January 9, 1962, and ending 
    on May 7, 1975, without regard to the characterization of the 
    individual's service.

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996, 110 
Stat. 2923; amended Pub. L. 105-114, title IV, Sec. 404(a), Nov. 21, 
1997, 111 Stat. 2294.)


                            Prior Provisions

    A prior section 1801 was renumbered section 3701 of this title.


                               Amendments

    1997--Pub. L. 105-114 amended text generally. Prior to amendment, 
text read as follows: ``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.''


                    Effective Date of 1997 Amendment

    Section 404(d) of Pub. L. 105-114 provided that: ``The amendments 
made by this section [amending this section and sections 1804 and 1806 
of this title] shall take effect as of October 1, 1997.''


                             Effective Date

    Chapter effective Oct. 1, 1997, notwithstanding section 421(d) of 
Pub. L. 104-204, set out below, unless legislation other than Pub. L. 
104-204 is enacted providing for an earlier effective date, see section 
422(c) of Pub. L. 104-204, set out as an Effective Date of 1996 
Amendment note under section 1151 of this title.
    Section 421(d) of Pub. L. 104-204 provided that: ``This section 
[enacting this chapter and amending section 5312 of this title] and the 
amendments made by this section shall take effect on January 1, 1997.''


                          Congressional Purpose

    Section 421(a) of Pub. L. 104-204 provided that: ``The purpose of 
this section [enacting this chapter and amending section 5312 of this 
title] is to provide for the special needs of certain children of 
Vietnam veterans who were born with the birth defect spina bifida, 
possibly as the result of the exposure of one or both parents to 
herbicides during active service in the Republic of Vietnam during the 
Vietnam era, through the provision of health care and monetary 
benefits.''
