Pub. L. 108-183, tit. I, sec. 102
BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN SERVICE IN KOREA.
SEC. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN SERVICE IN KOREA.(a) In General.—Chapter 18 is amended—(1) by redesignating subchapter III, and sections 1821, 1822, 1823, and 1824, as subchapter IV, and sections 1831, 1832, 1833, and 1834, respectively; and(2) by inserting after subchapter II the following new subchapter III:“SUBCHAPTER III—CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA“§ 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 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—117 STAT. 2654“(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.” . (b) Child Defined.—Section 1831, as redesignated by subsection (a) of this section, is amended by striking paragraph (1) and inserting the following new paragraph (1):“(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 subchapter III of this chapter, 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 section 1821 of this title); and“(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.”.(c) Nonduplication of Benefits.—Subsection (a) of section 1834, as redesignated by subsection (a) of this section, is amended by adding at the end the following new sentence: “In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.”.(d) Conforming Amendments.—(1) Section 1811(1)(A) is amended by striking “section 1821(1)” and inserting “section 1831(1)”.(2) The heading for chapter 18 is amended to read as follows:“CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS”.(e) Clerical Amendments.—(1) The table of sections at the beginning of chapter 18 is amended by striking the items relating to subchapter III and sections 1821, 1822, 1823, and 1824 and inserting the following new items: “SUBCHAPTER III— CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA “1821. Benefits for children of certain Korea service veterans born with spina bifida.117 STAT. 2655 “SUBCHAPTER IV— GENERAL PROVISIONS “1831. Definitions. “1832. Applicability of certain administrative provisions. “1833. Treatment of receipt of monetary allowance and other benefits. “1834. Nonduplication of benefits.”. (2) The table of chapters at the beginning of title 38, United States Code, and at the beginning of part II, are each amended by striking the item relating to chapter 18 and inserting the following new item: “18. Benefits for Children of Vietnam Veterans and Certain Other Veterans 1802”.