§ 771. Definitions

Statutory text

In this subchapter—

“dependent child” means an unmarried dependent child (including a stepchild or adopted child) who is—

under 18 years of age;

incapable of self-support because of physical or mental disability; or

between 18 and 22 years of age and is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purposes of this subchapter, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while such child is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim period between school years if the interim period is not more than 5 months and if such child shows to the satisfaction of the General Counsel of the Government Accountability Office that such child has a bona fide intention of continuing in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim period.

“surviving spouse” means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse—

was married to the individual for at least 1 year immediately before the individual died; or

has not remarried before age 55 and is the parent of issue by the marriage.

service as a Comptroller General equals the number of years and complete months an individual is Comptroller General.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1982
Pub. L. 97–258 · 96 Stat. 902
Enacted · 31 U.S.C. § 771
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902
Source evidence
Code source credit
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902
1988
General Accounting Office Personnel Amendments Act of 1988
Pub. L. 100–426 § 202(a) · 102 Stat. 1598
Added · 31 U.S.C. § 771(1)(C)
Pub. L. 100–426, § 202(a), added subpar. (C)
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 100–426, § 202(a), added subpar. (C).
Enacted provision · exact public law section
(a) Dependent Child.— Section 771(1) is amended by striking “or” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting “; or”, and by adding after subparagraph (B) the following: “(C) between 18 and 22 years of age and is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purposes of this subchapter, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while such child is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim period between school years if the interim period is not more than 5 months and if such child shows to the satisfaction of the General Counsel of the General Accounting Office that such child has a bona fide intention of continuing in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim period.”.
Effective date note
Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title.
1988
General Accounting Office Personnel Amendments Act of 1988
Pub. L. 100–426 § 202(b)(1) · 102 Stat. 1598
Substituted · 31 U.S.C. § 771(2)(A)
Pub. L. 100–426, § 202(b)(1), substituted “1 year” for “2 years”
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 100–426, § 202(b)(1), substituted “1 year” for “2 years”.
Enacted provision · exact public law section
(1) in subparagraph (A), by striking “2 years” and inserting “1 year”; and
Effective date note
Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title.
1988
General Accounting Office Personnel Amendments Act of 1988
Pub. L. 100–426 § 202(b)(2) · 102 Stat. 1598
Inserted · 31 U.S.C. § 771(2)(B)
Pub. L. 100–426, § 202(b)(2), inserted “before age 55” after “remarried”
Source evidence
Code amendment note
Par. (2)(B). Pub. L. 100–426, § 202(b)(2), inserted “before age 55” after “remarried”.
Enacted provision · exact public law section
(2) in subparagraph (B), by inserting “before age 55” after “remarried”.
Effective date note
Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title.
2004
GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 31 U.S.C. § 771(1)(C)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
771(1), (2)	31:43b(g).	June 10, 1921, ch. 18, 42 Stat. 20, § 319(g), (p); added July 13, 1959, Pub. L. 86–87, 73 Stat. 198, 200.
771(3)	31:43b(p).

In this subchapter, the words “surviving spouse”, “spouse”, “surviving spouse’s”, and “parent” are substituted for “widow”, “wife”, “surviving widow’s”, and “mother”, respectively, because of 5:7202(c).

In clause (3), the words “or retired Comptroller General” are omitted as executed because a retired Comptroller General could elect survivor benefits and include retirement service only if the Comptroller General had retired by July 13, 1959. The word “total” is omitted as surplus. The words “complete months” are substituted for “twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any” to eliminate unnecessary words. The words “an individual is Comptroller General” are added for clarity.

Editorial Notes

Amendments1988–2004 · 2 rounds

2004

Par. (1)(C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1988

Par. (1)(C). Pub. L. 100–426, § 202(a), added subpar. (C).

Par. (2)(A). Pub. L. 100–426, § 202(b)(1), substituted “1 year” for “2 years”.

Par. (2)(B). Pub. L. 100–426, § 202(b)(2), inserted “before age 55” after “remarried”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title.

Credits

1982–2004 · 3 acts

1982Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902
1988Pub. L. 100–426, title II, § 202, Sept. 9, 1988, 102 Stat. 1600
2004Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.

Show as published

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100–426, title II, § 202, Sept. 9, 1988, 102 Stat. 1600; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)