38 U.S.C. § 1811

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1811 - Definitions

In this subchapter:

(1) The term "eligible child" means an individual who-

(A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam veteran; and

(B) was born with one or more covered birth defects.

(2) The term "covered birth defect" means a birth defect identified by the Secretary under section 1812 of this title.

38 U.S.C. § 1811

Added Pub. L. 106-419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108-183, title I, §102(d)(1), Dec. 16, 2003, 117 Stat. 2654.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1811 was renumbered section 3711 of this title.

AMENDMENTS2003-Par. (1)(A). Pub. L. 108-183 substituted "section 1831(1)" for "section 1821(1)".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 106-419, title IV, §401(g), Nov. 1, 2000, 114 Stat. 1861, provided that: "(1) Except as provided in paragraph (2), the amendments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000]."(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by subchapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1)."

Vietnam veteran

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.

child

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, 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, 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.