38 U.S.C. § 1801
Section 1801 · Repealed. Pub. L. 106419, title IV, 401(c)(1), Nov. 1, 2000, 114 Stat. 1860]
Amended 2 times on record
Applied in 28 court decisions — leading case Engel v. Vitale (1962)
Most recently applied in Prudential Insurance v. Jackson (February 1994)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.”