republic-os/legal/us/code/title-38/chapter-18/section-1822.md

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LegalText	38 U.S.C. § 1822	Benefits for children of certain Thailand service veterans born with spina bifida	us	united_states_code	code_section	38	VETERANS’ BENEFITS	18	BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS	1822	38 U.S.C. § 1822	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s1822	data/legal/raw/us/code/title-38/usc38.xml	3b262665e2fa8b43af8504d77f0a59bdc2bd1cdcdbce44b2ea58bd65961d2326	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	9592031eda05fd814bbfe7b9dab8fc4cd517237a0490e50dc1adb3cbefa28c1b	2026-07-04	official	legal us-code

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

Text

(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.

(Added Pub. L. 116–23, § 4(a), June 25, 2019, 133 Stat. 970.)

Notes

Editorial Notes

Prior ProvisionsA 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 participated in sale of property to a veteran for consideration in excess of reasonable value of property, prior to repeal 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 DatePub. L. 116–23, § 4(f), June 25, 2019, 133 Stat. 972, provided that: “The amendments made by this section [enacting this section and amending section 1831 of this title] shall take effect on January 1, 2020.”

ImplementationPub. L. 116–23, § 4(d), June 25, 2019, 133 Stat. 971, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1822 of title 38, United States Code, as added by subsection (a), before prescribing 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 respond 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 Representatives 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 implementation 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 covered by such section 1822; and “(ii) that is pending at the Veterans Benefits Administration 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.”