Sec. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA
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## SEC. 4 BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA ###
(a)In General Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: > > ## “§ 1822 Benefits for children of certain Thailand service veterans born with spina bifida > > **[**[38 U.S.C. 1822](/us/usc/t38/s1822)**]** > > > ### “(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. ” > . ###
(b)Conforming Amendment to Definition of “Child” Section 1831(1) of such title is amended— ####
(1)in subparagraph (B)— #####
(A)by striking “subchapter III of this chapter” and inserting “section 1821 of this title”; and #####
(B)in clause (i), by striking “section 1821 of this title” and inserting “that section”; and ####
(2)by adding at the end the following new subparagraph: > > ##### “(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. ” > . ###
(c)Clerical Amendments ####
(1)Subchapter heading **[**[38 U.S.C. 1821](/us/usc/t38/s1821)**]** The heading for subchapter III of chapter 18 of such title is amended by inserting “AND THAILAND” after “KOREA”. ####
(2)Table of sections **[**[38 U.S.C. 1801](/us/usc/t38/s1801)**]** The table of sections at the beginning of chapter 18 of such title is amended— #####
(A)by striking the item relating to subchapter III and inserting the following new item: " “subchapter iii—children of certain korea and thailand service veterans born with spina bifida” "; and #####
(B)by inserting after the item relating to section 1821 the following new item: " “1822. Benefits for children of certain Thailand service veterans born with spina bifida.” ". ###
(d)Implementation **[**[38 U.S.C. 1822 note](/us/usc/t38/s1822)**]** ####
(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, 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. ###
(e)Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report identifying— ####
(1)the military installations of the United States located in Thailand during the period beginning on January 9, 1962, and ending on May 7, 1975, at which an herbicide agent (as defined in section 1822 of title 38, United States Code, as added by subsection (a)) was actively used; and ####
(2)the period of such use. ###
(f)Effective Date **[**[38 U.S.C. 1822 note](/us/usc/t38/s1822)**]** The amendments made by this section shall take effect on January 1, 2020.
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Sec. 4
BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA
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