§ 401. Definitions

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.

1. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 401

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 469

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 469

2. 1973

   Pub. L. 93–64 § 103(1) · 87 Stat. 147

   Substituted · 37 U.S.C. § 401

   Pub. L. 93–64, § 103(1), in revising cl. (1) of first sentence, substituted “unmarried child” for “unmarried legitimate child” and defined dependent to include an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child’s support, or whose parentage has been admitted in writing by the member

   Source evidence

   Code amendment note
   Cl. (2). Pub. L. 93–64, § 103(1), in revising cl. (1) of first sentence, substituted “unmarried child” for “unmarried legitimate child” and defined dependent to include an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child’s support, or whose parentage has been admitted in writing by the member.

   Enacted provision · exact public law section
   (1) amending clause (2) to read as follows: “(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child’s support, or whose parentage has been admitted in writing by the member) who either— “(A) is under 21 years of age; or “(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and”; and

3. 1973

   Pub. L. 93–64 § 104 · 87 Stat. 147

   1. Substituted · 37 U.S.C. § 401

      Pub. L. 93–64, § 104, in revising cl. (3) of first sentence, substituted “five years before the member became 21 years” for “five years before he became 21 years”

   2. Struck · 37 U.S.C. § 401

      Pub. L. 93–64, § 104, in revising cl. (3) of first sentence, struck out requirement of actual residence of parent in the member’s household

   3. Inserted · 37 U.S.C. § 401

      Pub. L. 93–64, § 104, in revising cl. (3) of first sentence, inserted provision respecting determination of dependency of parent, including items (A) and (B), formerly contained in former section 2201 of Appendix to Title 50, War and National Defense

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Cl. (3). Pub. L. 93–64, § 104, in revising cl. (3) of first sentence, substituted “five years before the member became 21 years” for “five years before he became 21 years”, struck out requirement of actual residence of parent in the member’s household, and inserted provision respecting determination of dependency of parent, including items (A) and (B), formerly contained in former section 2201 of Appendix to Title 50, War and National Defense.

   Enacted provision · exact public law section
   Sec. 104. Section 401 (3) of title 37, United States Code, is amended to read as follows: “(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he, is not considered a dependent of the member claiming the dependence unless— “(A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or “(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support.”

4. 1973

   Pub. L. 93–64 § 103(2) · 87 Stat. 147

   Struck · 37 U.S.C. § 401

   Pub. L. 93–64, § 103(2), struck out second sentence, following cl. (3) of first sentence, stating that a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Closing text. Pub. L. 93–64, § 103(2), struck out second sentence, following cl. (3) of first sentence, stating that a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support.

   Enacted provision · exact public law section
   (2) striking out the first sentence after clause (3).

5. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 8(e)(7) · 101 Stat. 273

   Inserted · 37 U.S.C. § 401

   Pub. L. 100–26 inserted “the term” after “In this chapter,”

   Source evidence

   Code amendment note
   Pub. L. 100–26 inserted “the term” after “In this chapter,”.

   Enacted provision · exact public law section
   (7) Section 401 is amended by inserting “the term” after “In this chapter,”.

6. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title VI § 621 · 105 Stat. 1290

   Amended · 37 U.S.C. § 401

   Pub. L. 102–190 amended text generally. Prior to amendment, text read as follows: “In this chapter, the term ‘dependent’, with respect to a member of a uniformed service, means—

   Source evidence

   Code amendment note
   Pub. L. 102–190 amended text generally. Prior to amendment, text read as follows: “In this chapter, the term ‘dependent’, with respect to a member of a uniformed service, means—

   “(1) his spouse; “(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child’s support, or whose parentage has been admitted in writing by the member) who either— “(A) is under 21 years of age; or “(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and “(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless— “(A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or “(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support. For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent’s divorce from the parent by blood.”

   Enacted provision · exact public law section
   SEC. 621. DEFINITION OF DEPENDENT FOR PURPOSES OF ALLOWANCES. The text of section 401 of title 37, United States Code, is amended to read as follows: “(a) Dependent Defined.— In this chapter, the term ‘dependent’, with respect to a member of a uniformed service, means the following persons: “(1) The spouse of the member. “(2) An unmarried child of the member who— “(A) is under 21 years of age; “(B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child’s support; or “(C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child’s support. “(3) A parent of the member if— “(A) the parent is in fact dependent on the member for more than one-half of the parent’s support; “(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and “(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned. “(b) Other Definitions.— For purposes of subsection (a): “(1) The term ‘child’ includes— “(A) a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchild’s parent by blood); “(B) an adopted child of the member, including a child placed in the home of the member by a placement agency for the purpose of adoption; and “(C) an illegitimate child of the member if the member’s parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned. “(2) The term ‘parent’ means— “(A) a natural parent of the member; “(B) a stepparent of the member; “(C) a parent of the member by adoption; “(D) a parent, stepparent, or adopted parent of the spouse of the member; and “(E) any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age.”.

7. 1993

   Pub. L. 103–160 div. A title VI § 631(a) · 107 Stat. 1547

   Added · 37 U.S.C. § 401(a)(4)

   Pub. L. 103–160 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 103–160 added par. (4).

   Enacted provision · exact public law section
   (a) Expansion of Definition.— Section 401(a) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(4) An unmarried person who— “(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months; “(B) either— “(i) has not attained the age of 21; “(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or “(iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii); “(C) is dependent on the member for over one-half of the person’s support; “(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and “(E) is not a dependent of a member under any other paragraph.”.

   Effective date note
   Pub. L. 103–160, div. A, title VI, § 631(b), Nov. 30, 1993, 107 Stat. 1684, provided that: “Section 401(a)(4) of title 37, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994.”

8. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title VII § 701(b) · 108 Stat. 2663

   Substituted · 37 U.S.C. § 401(b)(1)(B)

   Pub. L. 103–337 substituted “placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member” for “placement agency for the purpose of adoption”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 103–337 substituted “placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member” for “placement agency for the purpose of adoption”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 401(b)(1)(B) of title 37, United States Code, is amended by striking out “placement agency for the purpose of adoption” and inserting in lieu thereof “placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member”.

9 of 10 references resolved to an enrolled provision · 1 partial