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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 19 — Insurance

§ 1965. Definitions

Statutory text

For the purpose of this subchapter—

(1)

The term “active duty” means—

(A)

full-time duty in the Armed Forces, other than active duty for training;

(B)

full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 1 of the Public Health Service;

(C)

full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and

(D)

full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy.

(2)

The term “active duty for training” means—

(A)

full-time duty in the Armed Forces performed by Reserves, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, for training purposes;

(B)

full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service;

(C)

full-time duty as a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises; and

(D)

in the case of members of the National Guard or Air National Guard of any State, full-time duty under sections 316, 502, 503, 504, or 505 of title 32, United States Code.

(3)

The term “inactive duty training” means—

(A)

duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), which duty is scheduled in advance by competent authority to begin at a specific time and place; and

(B)

in the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) which is scheduled in advance by competent authority to begin at a specific time and place under sections 316, 502, 503, 504, or 505 of title 32, United States Code.

(4)

The terms “active duty for training” and “inactive duty training” do not include duty performed as a temporary member of the Coast Guard Reserve, and the term “inactive duty training” does not include (A) work or study performed in connection with correspondence courses, or (B) attendance at an educational institution in an inactive status.

(5)

The term “member” means—

(A)

a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy;

(B)

a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which such person may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty training that is creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act);

(C)

a person who volunteers for assignment to a mobilization category in the Individual Ready Reserve, as defined in section 12304(i)(1) 2 of title 10; and

(D)

a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.

(6)

The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

(7)

The terms “widow” or “widower” means a person who is the lawful spouse of the insured member at the time of his death.

(8)

The term “child” means a legitimate child, a legally adopted child, an illegitimate child as to the mother, or an illegitimate child as to the alleged father, only if (A) he acknowledged the child in writing signed by him; or (B) he has been judicially ordered to contribute to the child’s support; or (C) he has been, before his death, judicially decreed to be the father of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the insured was the informant and was named as father of the child; or (E) proof of paternity is established from service department or other public records, such as school or welfare agencies, which show that with his knowledge the insured was named as the father of the child.

(9)

The term “parent” means a father of a legitimate child, mother of a legitimate child, father through adoption, mother through adoption, mother of an illegitimate child, and father of an illegitimate child but only if (A) he acknowledged paternity of the child in writing signed by him before the child’s death; or (B) he has been judicially ordered to contribute to the child’s support; or (C) he has been judicially decreed to be the father of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the claimant was the informant and was named as father of the child; or (E) proof of paternity is established from service department or other public records, such as school or welfare agencies, which show that with his knowledge the claimant was named as father of the child. No person who abandoned or willfully failed to support a child during the child’s minority, or consented to the child’s adoption may be recognized as a parent for the purpose of this subchapter. However, the immediately preceding sentence shall not be applied so as to require duplicate payments in any case in which insurance benefits have been paid prior to receipt in the administrative office established under subsection 1966(b) of this title of sufficient evidence to clearly establish that the person so paid could not qualify as a parent solely by reason of such sentence.

(10)

The term “insurable dependent”, with respect to a member, means the following:

(A)

The member’s spouse.

(B)

The member’s child, as defined in the first sentence of section 101(4)(A) of this title.

(C)

The member’s stillborn child.

Footnotes

  1. 1 See Change of Name note below.
  2. 2 See References in Text note below.

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. Pub. L. 89–214 § 1(a) · 79 Stat. 880

    Enacted · 38 U.S.C. § 1965

    Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 880, § 765

    Source evidence

    Code source credit
    Added Pub. L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 880, § 765

    Enacted provision · exact public law section
    (1) as a direct result of actions of hostile forces;

  2. Pub. L. 91–291 § 1 · 84 Stat. 326

    1. Struck · 38 U.S.C. § 1965

      Pub. L. 91–291 struck out from definition of “active duty” a reference to calls or orders to duty which specify a period of 30 days or less

    2. Inserted · 38 U.S.C. § 1965

      Pub. L. 91–291 inserted definitions for “active duty for training” and “inactive duty training”, and, in definition of “uniformed services”

    3. Inserted · 38 U.S.C. § 1965

      Pub. L. 91–291 inserted provisions limiting the scope of that term in the case of personnel of the Public Health Service and the Environmental Science Services Administration to the commissioned corps thereof respectively

    Source evidence

    Code amendment note
    Pub. L. 91–291 struck out from definition of “active duty” a reference to calls or orders to duty which specify a period of 30 days or less, inserted definitions for “active duty for training” and “inactive duty training”, and, in definition of “uniformed services”, inserted provisions limiting the scope of that term in the case of personnel of the Public Health Service and the Environmental Science Services Administration to the commissioned corps thereof respectively.

    Enacted provision · exact public law section
    (1) by amending subsections (a) and (b) to read as follows: “(a) (1) During any period in which a member, on active duty or active duty for training under a call or order to such duty that does not specify a period of less than thirty-one days, is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be deducted each month from his basic or other pay until separation or release, from such duty an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(2) During any fiscal year, or portion thereof, that a member is on active duty or active duty for training under a call or order to such duty that specifies a period of less than thirty-one days, or is authorized or required to perform inactive duty training scheduled in advance by competent authority, and is insured under a policy of 79 Stat. 880. insurance purchased by the Administrator, under section 766 of this title, the Secretary concerned shall collect from him (by deduction from pay or otherwise) an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the extra hazard of such duty in the uniformed service. “(3) Any amount not deducted from the basic or other pay of a member insured under this subchapter, or collected from him by the Secretary concerned, if riot otherwise paid, shall be deducted from the proceeds of any insurance thereafter payable. The initial monthly amount under subsection (1) hereof, or fiscal year amount under subsection (2) hereof, determined by the Administrator to be charged under this section for insurance under this subchapter may be continued from year to year, except that the Administrator may redetermine such monthly or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from his basic or other pay, or collected from him by the Secretary concerned, to cover the insurance granted under this subchapter. “(b) For each month for which any member is so insured, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator and certified to the Secretary concerned to be the cost of such insurance which is traceable to the extra hazard of duty in the uniformed services. Effective January 1, 1970, such cost shall be determined by the Administrator on the basis of the excess mortality incurred by members and former members of the uniformed services insured under this subchapter above what their mortality would have been under peacetime conditions as such mortality is determined by the Administrator using such methods and data as he shall determine to be reasonable and practicable. The Administrator is authorized to make such adjustments regarding contributions from pay appropriations as may be indicated from actual experience.”

  3. Pub. L. 92–185 § 1 · 85 Stat. 642

    Added · 38 U.S.C. § 1965(7)(9)

    Pub. L. 92–185 added pars. (7) to (9) defining, respectively, “widow” or “widower”, “child”, and “parent”

    Source evidence

    Code amendment note
    Pars. (7) to (9). Pub. L. 92–185 added pars. (7) to (9) defining, respectively, “widow” or “widower”, “child”, and “parent”.

  4. Pub. L. 92–315 § 1(3) · 86 Stat. 227

    Added · 38 U.S.C. § 1965(1)(D)

    Pub. L. 92–315, § 1(3), added cl. (D)

    Source evidence

    Code amendment note
    Par. (1)(D). Pub. L. 92–315, § 1(3), added cl. (D).

    Enacted provision · exact public law section
    (1) striking from paragraph (B) of clause (1) “and”:

  5. Pub. L. 92–315 § 1(4) · 86 Stat. 227

    Changed · 38 U.S.C. § 1965(5)(A)

    Pub. L. 92–315, § 1(4), expanded definition of “member” to include persons in active duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy and the United States Coast Guard Academy

    Source evidence

    Code amendment note
    Par. (5)(A). Pub. L. 92–315, § 1(4), expanded definition of “member” to include persons in active duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy and the United States Coast Guard Academy.

    Enacted provision · exact public law section
    (1) striking from paragraph (B) of clause (1) “and”:

  6. Pub. L. 93–289 § 10(1) · 88 Stat. 165

    Substituted · 38 U.S.C. § 1965(1)(C)

    Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”

    Source evidence

    Code amendment note
    Par. (1)(C). Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

    Enacted provision · exact public law section
    (1) By striking out “Environmental Science Services Administration” wherever it appears in section 765 and inserting in lieu thereof 38 USC 765. “National Oceanic and Atmospheric Administration”.

  7. Pub. L. 93–289 § 3 · 88 Stat. 165

    1. Added · 38 U.S.C. § 1965(5)

      Pub. L. 93–289, § 3, added cls. (B) and (C)

    2. Redesignated · 38 U.S.C. § 1965(5)

      Pub. L. 93–289, § 3, redesignated former cl. (B) as (D)

    3. Substituted · 38 U.S.C. § 1965(5)

      Pub. L. 93–289, § 3, substituted “midshipman of” for “midshipman at” in cl. (A)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 93–289, § 3, added cls. (B) and (C), redesignated former cl. (B) as (D), and substituted “midshipman of” for “midshipman at” in cl. (A).

    Enacted provision · exact public law section
    Sec. 3. Clause (5) of section 765 of title 38, United States Code, is amended to read as follows: “(5) The term ‘member’ means— “Member.” “(A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy; “(B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which he may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty training that is creditable for retirement purposes under chapter 67 of title 10; 10 USC 1331. “(C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who has not received the first increment of retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 67 of title 10; and 10 USC 1331. “(D) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.”

  8. Pub. L. 93–289 § 10(1) · 88 Stat. 165

    Substituted · 38 U.S.C. § 1965(6)

    Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

    Enacted provision · exact public law section
    (1) By striking out “Environmental Science Services Administration” wherever it appears in section 765 and inserting in lieu thereof 38 USC 765. “National Oceanic and Atmospheric Administration”.

  9. Pub. L. 99–576 § 701(35)(A) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 1965(5)(B)

    Pub. L. 99–576, § 701(35)(A), substituted “such person” for “he”

    Source evidence

    Code amendment note
    Par. (5)(B). Pub. L. 99–576, § 701(35)(A), substituted “such person” for “he”.

    Enacted provision · exact public law section
    (A) in paragraph (5)(B), by striking out “he” and inserting in lieu thereof “such person”; and

  10. Pub. L. 99–576 § 701(35)(B) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 1965(9)

    Pub. L. 99–576, § 701(35)(B), substituted “the child’s” for “his” in two places

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 99–576, § 701(35)(B), substituted “the child’s” for “his” in two places.

    Enacted provision · exact public law section
    (B) in paragraph (9)— (i) by striking out “his minority” and inserting in lieu thereof “the child’s minority”; and (ii) by striking out “his adoption” and inserting in lieu thereof “the child’s adoption”.

  11. Pub. L. 102–54 § 14(b)(16)(A) · 105 Stat. 267

    Redesignated · 38 U.S.C. § 1965(4)

    Pub. L. 102–54, § 14(b)(16)(A), redesignated cls. (i) and (ii) as (A) and (B), respectively

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 102–54, § 14(b)(16)(A), redesignated cls. (i) and (ii) as (A) and (B), respectively.

    Enacted provision · exact public law section
    (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and

  12. Pub. L. 102–54 § 14(b)(16)(B) · 105 Stat. 267

    Redesignated · 38 U.S.C. § 1965(8)

    Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively.

    Enacted provision · exact public law section
    (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively.

  13. Pub. L. 102–54 § 14(b)(16)(B) · 105 Stat. 267

    Redesignated · 38 U.S.C. § 1965(9)

    Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively.

    Enacted provision · exact public law section
    (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively.

  14. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1965

    Pub. L. 102–83, § 5(a), renumbered section 765 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 765 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  15. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1965(9)

    Pub. L. 102–83, § 5(c)(1), substituted “1966(b)” for “766(b)”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 102–83, § 5(c)(1), substituted “1966(b)” for “766(b)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  16. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1677(d)(1) · 108 Stat. 2663

    Substituted · 38 U.S.C. § 1965(5)(B); 38 U.S.C. § 1965(5)(C)

    Pub. L. 103–337, § 1677(d)(1), substituted “chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “chapter 67 of title 10”

    Source evidence

    Code amendment note
    Par. (5)(B), (C). Pub. L. 103–337, § 1677(d)(1), substituted “chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “chapter 67 of title 10”.

    Enacted provision · exact public law section
    (1) Sections 1965(5)(B), 1965(5)(C), and 1968(a)(4)(B) are amended by striking out “chapter 67 of title 10” and inserting in lieu thereof “chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)”.

  17. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 651(a) · 108 Stat. 2663

    1. Added · 38 U.S.C. § 1965(5)(D); 38 U.S.C. § 1965(5)(E)

      Pub. L. 103–337, § 651(a), added subpar. (D)

    2. Redesignated · 38 U.S.C. § 1965(5)(D); 38 U.S.C. § 1965(5)(E)

      Pub. L. 103–337, § 651(a), redesignated former subpar. (D) as (E)

    Source evidence

    Code amendment note
    Par. (5)(D), (E). Pub. L. 103–337, § 651(a), added subpar. (D) and redesignated former subpar. (D) as (E).

    Enacted provision · exact public law section
    (a) Eligibility.— Section 1965(5) of title 38, United States Code, is amended— (1) by striking out “and” at the end of subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph (D): “(D) a person transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10 who has not received the first increment of retirement pay or has not reached sixty-one years of age; and”.

  18. Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 402(a)(1) · 110 Stat. 3322

    Inserted · 38 U.S.C. § 1965(5)(B)

    Pub. L. 104–275, § 402(a)(1), inserted “and” at end

    Source evidence

    Code amendment note
    Par. (5)(B). Pub. L. 104–275, § 402(a)(1), inserted “and” at end.

    Enacted provision · exact public law section
    (1) by adding “and” at the end of subparagraph (B);

  19. Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 § 402(a)(2) · 110 Stat. 3322

    1. Redesignated · 38 U.S.C. § 1965(5)(C)(E)

      Pub. L. 104–275, § 402(a)(2), (3), redesignated subpar. (E) as (C)

    2. Struck · 38 U.S.C. § 1965(5)(C)(E)

      Pub. L. 104–275, § 402(a)(2), (3), struck out former subpars. (C) and (D) which read as follows:

    Source evidence

    Code amendment note
    Par. (5)(C) to (E). Pub. L. 104–275, § 402(a)(2), (3), redesignated subpar. (E) as (C) and struck out former subpars. (C) and (D) which read as follows:

    “(C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who has not received the first increment of retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act); “(D) a person transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10 who has not received the first increment of retirement pay or has not reached sixty-one years of age; and”.

    Enacted provision · exact public law section
    (2) by striking out subparagraphs (C) and (D); and

  20. Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 313(a) · 114 Stat. 1822

    1. Added · 38 U.S.C. § 1965(5)(C); 38 U.S.C. § 1965(5)(D)

      Pub. L. 106–419 added subpar. (C)

    2. Redesignated · 38 U.S.C. § 1965(5)(C); 38 U.S.C. § 1965(5)(D)

      Pub. L. 106–419 redesignated former subpar. (C) as (D)

    Source evidence

    Code amendment note
    Par. (5)(C), (D). Pub. L. 106–419 added subpar. (C) and redesignated former subpar. (C) as (D).

    Enacted provision · exact public law section
    (a) Eligibility.— Section 1965(5) is amended— (1) by striking “and” at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph (C): “(C) a person who volunteers for assignment to a mobilization category in the Individual Ready Reserve, as defined in section 12304(i)(l) of title 10; and”.

  21. Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 4(a)(1) · 115 Stat. 25

    Added · 38 U.S.C. § 1965(10)

    Pub. L. 107–14 added par. (10)

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 107–14 added par. (10).

    Enacted provision · exact public law section
    (1) Section 1965 is amended by adding at the end the following new paragraph: “(10) The term ‘insurable dependent’, with respect to a member, means the following: “(A) The member’s spouse. “(B) The member’s child, as defined in the first sentence of section 101(4)(A) of this title. ” .

  22. Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

    Pub. L. 109–13 div. A title I § 1032(a)(1) · 119 Stat. 231

    Added · 38 U.S.C. § 1965(11)

    Pub. L. 109–13 added par. (11)

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 109–13 added par. (11).

    Enacted provision · exact public law section
    (1) in section 1965, by adding at the end the following: “(11) The term ‘activities of daily living’ means the inability to independently perform 2 of the 6 following functions: “(A) Bathing. “(B) Continence. “(C) Dressing. “(D) Eating. “(E) Toileting. “(F) Transferring.” ; and

    Effective date note
    Amendment by Pub. L. 109–13 effective on the first day of the first month beginning more than 180 days after May 11, 2005, see section 1032(d)(1) of Pub. L. 109–13, set out as an Effective Date note under section 1980A of this title.

  23. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 501(c)(1) · 120 Stat. 397

    Struck · 38 U.S.C. § 1965(11)

    Pub. L. 109–233 struck out par. (11) which read as follows: “The term ‘activities of daily living’ means the inability to independently perform 2 of the 6 following functions:

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 109–233 struck out par. (11) which read as follows: “The term ‘activities of daily living’ means the inability to independently perform 2 of the 6 following functions:

    “(A) Bathing. “(B) Continence. “(C) Dressing. “(D) Eating. “(E) Toileting. “(F) Transferring.”

    Enacted provision · exact public law section
    (1) Section 1965 of title 38, United States Code, is amended by striking paragraph (11).

  24. Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title IV § 402(a) · 122 Stat. 4145

    Added · 38 U.S.C. § 1965(10)(C)

    Pub. L. 110–389 added subpar. (C)

    Source evidence

    Code amendment note
    Par. (10)(C). Pub. L. 110–389 added subpar. (C).

    Enacted provision · exact public law section
    (a) Treatment.— Section 1965(10) 38 USC 1965. is amended by adding at the end the following new subparagraph: “(C) The member’s stillborn child.” .

  25. Space Force Personnel Management Act

    Pub. L. 118–31 § 1723(a)(2)(A) · 137 Stat. 136

    Changed · 38 U.S.C. § 1965(2)(A)

    Pub. L. 118–31, § 1723(a)(2)(A), which directed insertion of “, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10,” after “for Reserves”, was executed by making the insertion after “Reserves”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 118–31, § 1723(a)(2)(A), which directed insertion of “, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10,” after “for Reserves”, was executed by making the insertion after “Reserves”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in paragraph (2)(A), by inserting “, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10,” after “for Reserves”; and

  26. Space Force Personnel Management Act

    Pub. L. 118–31 § 1723(a)(2)(B) · 137 Stat. 136

    Inserted · 38 U.S.C. § 1965(3)(A)

    Pub. L. 118–31, § 1723(a)(2)(B), inserted “, or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10),” after “(including commissioned officers of the Reserve Corps of the Public Health Service)”

    Source evidence

    Code amendment note
    Par. (3)(A). Pub. L. 118–31, § 1723(a)(2)(B), inserted “, or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10),” after “(including commissioned officers of the Reserve Corps of the Public Health Service)”.

    Enacted provision · exact public law section
    (B) in paragraph (3)(A), by inserting “, or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10),” after “(including commissioned officers of the Reserve Corps of the Public Health Service)”.

32 of 33 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Chapter 67 of title 10 as in effect before the effective date of the Reserve Officer Personnel Management Act, referred to in par. (5)(B), means chapter 67 (§ 1331 et seq.) of Title 10, Armed Forces, prior to its transfer to part II of subtitle E of Title 10, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of Pub. L. 103–337. A new chapter 67 (§ 1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337. For effective date of the Reserve Officer Personnel Management Act (Pub. L. 103–337, title XVI), see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10.

Section 12304(i)(1) of title 10, referred to in par. (5)(C), was redesignated section 12304(j)(1) of title 10 by Pub. L. 109–364, div. A, title V, § 522(b), , 120 Stat. 2192. Section 12304(j)(1) of title 10 was subsequently redesignated section 12304(k)(2) of title 10 by Pub. L. 118–31, div. A, title XV, § 1532(2), (7)(A), , 137 Stat. 563, 564.

Amendments1970–2023 · 14 rounds

2023

Par. (2)(A). Pub. L. 118–31, § 1723(a)(2)(A), which directed insertion of “, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10,” after “for Reserves”, was executed by making the insertion after “Reserves”, to reflect the probable intent of Congress.

Par. (3)(A). Pub. L. 118–31, § 1723(a)(2)(B), inserted “, or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10),” after “(including commissioned officers of the Reserve Corps of the Public Health Service)”.

2008

Par. (10)(C). Pub. L. 110–389 added subpar. (C).

2006

Par. (11). Pub. L. 109–233 struck out par. (11) which read as follows: “The term ‘activities of daily living’ means the inability to independently perform 2 of the 6 following functions:

“(A) Bathing.

“(B) Continence.

“(C) Dressing.

“(D) Eating.

“(E) Toileting.

“(F) Transferring.”

2005

Par. (11). Pub. L. 109–13 added par. (11).

2001

Par. (10). Pub. L. 107–14 added par. (10).

2000

Par. (5)(C), (D). Pub. L. 106–419 added subpar. (C) and redesignated former subpar. (C) as (D).

1996

Par. (5)(B). Pub. L. 104–275, § 402(a)(1), inserted “and” at end.

Par. (5)(C) to (E). Pub. L. 104–275, § 402(a)(2), (3), redesignated subpar. (E) as (C) and struck out former subpars. (C) and (D) which read as follows:

“(C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who has not received the first increment of retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act);

“(D) a person transferred to the Retired Reserve of a uniformed service under the temporary special retirement authority provided in section 1331a of title 10 who has not received the first increment of retirement pay or has not reached sixty-one years of age; and”.

1994

Par. (5)(B), (C). Pub. L. 103–337, § 1677(d)(1), substituted “chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “chapter 67 of title 10”.

Par. (5)(D), (E). Pub. L. 103–337, § 651(a), added subpar. (D) and redesignated former subpar. (D) as (E).

1991

Pub. L. 102–83, § 5(a), renumbered section 765 of this title as this section.

Par. (4). Pub. L. 102–54, § 14(b)(16)(A), redesignated cls. (i) and (ii) as (A) and (B), respectively.

Par. (8). Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively.

Par. (9). Pub. L. 102–83, § 5(c)(1), substituted “1966(b)” for “766(b)”.

Pub. L. 102–54, § 14(b)(16)(B), redesignated cls. (a) to (e) as (A) to (E), respectively.

1986

Par. (5)(B). Pub. L. 99–576, § 701(35)(A), substituted “such person” for “he”.

Par. (9). Pub. L. 99–576, § 701(35)(B), substituted “the child’s” for “his” in two places.

1974

Par. (1)(C). Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

Par. (5). Pub. L. 93–289, § 3, added cls. (B) and (C), redesignated former cl. (B) as (D), and substituted “midshipman of” for “midshipman at” in cl. (A).

Par. (6). Pub. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

1972

Par. (1)(D). Pub. L. 92–315, § 1(3), added cl. (D).

Par. (5)(A). Pub. L. 92–315, § 1(4), expanded definition of “member” to include persons in active duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy and the United States Coast Guard Academy.

1971

Pars. (7) to (9). Pub. L. 92–185 added pars. (7) to (9) defining, respectively, “widow” or “widower”, “child”, and “parent”.

1970

Pub. L. 91–291 struck out from definition of “active duty” a reference to calls or orders to duty which specify a period of 30 days or less, inserted definitions for “active duty for training” and “inactive duty training”, and, in definition of “uniformed services”, inserted provisions limiting the scope of that term in the case of personnel of the Public Health Service and the Environmental Science Services Administration to the commissioned corps thereof respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–13 effective on the first day of the first month beginning more than 180 days after , see section 1032(d)(1) of Pub. L. 109–13, set out as an Effective Date note under section 1980A of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–14 effective on the first day of the first month that begins more than 120 days after , see section 4(g)(1) of Pub. L. 107–14, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by section 1677(d)(1) of Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1974 Amendment

Pub. L. 93–289, § 12(2), , 88 Stat. 173, provided that: “The amendments relating to Servicemen’s Group Life Insurance coverage on a full-time basis for certain members of the Reserves and National Guard shall become effective upon the date of enactment of this Act [].”

Effective Date of 1971 Amendment

Pub. L. 92–185, § 2, , 85 Stat. 643, provided that: “The provisions of this Act [amending this section] shall apply only to Servicemen’s Group Life Insurance in effect on the life of an insured member who dies on or after the date of enactment of this Act [].”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–291 effective , see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title.

Pub. L. 91–291, § 14(b), , 84 Stat. 333, provided that: “The provisions of section 765(7), (8), and (9) [now 1765(7), (8), and (9)] of title 38, United States Code, as added by the first section of this Act shall apply only to servicemen’s group life insurance in effect on the life of an insured member who dies on and after the date of enactment of this Act [].”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Renaming of Group Life Insurance Program

Pub. L. 104–275, title IV, § 405(a), , 110 Stat. 3339, provided that: “The program of insurance operated by the Secretary of Veterans Affairs under subchapter III of chapter 19 of title 38, United States Code, is hereby redesignated as the Servicemembers’ Group Life Insurance program.”

References to Servicemen’s Group Life Insurance or Advisory Council on Servicemen’s Group Life Insurance

Pub. L. 104–275, title IV, § 405(d), , 110 Stat. 3340, provided that: “Any reference to Servicemen’s Group Life Insurance or to the Advisory Council on Servicemen’s Group Life Insurance in any Federal law, Executive order, regulation, delegation of authority, or other document of the Federal Government shall be deemed to refer to Servicemembers’ Group Life Insurance or the Advisory Council on Servicemembers’ Group Life Insurance, respectively.”

Credits

1965–2023 · 16 acts
  1. 1965Added Pub. L. 89–214, § 1(a), , 79 Stat. 880, § 765
  2. 1970amended Pub. L. 91–291, § 1, , 84 Stat. 326
  3. 1971Pub. L. 92–185, § 1, , 85 Stat. 642
  4. 1972Pub. L. 92–315, , 86 Stat. 227
  5. 1974Pub. L. 93–289, §§ 3, 10(1), , 88 Stat. 165, 172
  6. 1986Pub. L. 99–576, title VII, § 701(35), , 100 Stat. 3293
  7. 1991Pub. L. 102–54, § 14(b)(16), , 105 Stat. 284
  8. 1991renumbered § 1965 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  9. 1994Pub. L. 103–337, div. A, title VI, § 651(a), title XVI, § 1677(d)(1), , 108 Stat. 2792, 3020
  10. 1996Pub. L. 104–275, title IV, § 402(a), , 110 Stat. 3337
  11. 2000Pub. L. 106–419, title III, § 313(a), , 114 Stat. 1854
  12. 2001Pub. L. 107–14, § 4(a)(1), , 115 Stat. 26
  13. 2005Pub. L. 109–13, div. A, title I, § 1032(a)(1), , 119 Stat. 257
  14. 2006Pub. L. 109–233, title V, § 501(c)(1), , 120 Stat. 415
  15. 2008Pub. L. 110–389, title IV, § 402(a), , 122 Stat. 4174
  16. 2023Pub. L. 118–31, div. A, title XVII, § 1723(a)(2), , 137 Stat. 674.
Show as published

(Added Pub. L. 89–214, § 1(a), , 79 Stat. 880, § 765; amended Pub. L. 91–291, § 1, , 84 Stat. 326; Pub. L. 92–185, § 1, , 85 Stat. 642; Pub. L. 92–315, , 86 Stat. 227; Pub. L. 93–289, §§ 3, 10(1), , 88 Stat. 165, 172; Pub. L. 99–576, title VII, § 701(35), , 100 Stat. 3293; Pub. L. 102–54, § 14(b)(16), , 105 Stat. 284; renumbered § 1965 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 103–337, div. A, title VI, § 651(a), title XVI, § 1677(d)(1), , 108 Stat. 2792, 3020; Pub. L. 104–275, title IV, § 402(a), , 110 Stat. 3337; Pub. L. 106–419, title III, § 313(a), , 114 Stat. 1854; Pub. L. 107–14, § 4(a)(1), , 115 Stat. 26; Pub. L. 109–13, div. A, title I, § 1032(a)(1), , 119 Stat. 257; Pub. L. 109–233, title V, § 501(c)(1), , 120 Stat. 415; Pub. L. 110–389, title IV, § 402(a), , 122 Stat. 4174; Pub. L. 118–31, div. A, title XVII, § 1723(a)(2), , 137 Stat. 674.)

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