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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 21 — Definitions

§ 2108. Veteran; disabled veteran; preference eligible

Statutory text

For the purpose of this title—

(1)

“veteran” means an individual who—

(A)

served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning , and ending ;

(B)

served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after , and before , not including service under section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;

(C)

served on active duty as defined by section 101(21) of title 38 in the armed forces during the period beginning on , and ending on ; or

(D)

served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on , and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom;

and, except as provided under section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions;

(2)

“disabled veteran” means an individual who has served on active duty in the armed forces, (except as provided under section 2108a) has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department;

(3)

“preference eligible” means, except as provided in paragraph (4) of this section or section 2108a(c)—

(A)

a veteran as defined by paragraph (1)(A) of this section;

(B)

a veteran as defined by paragraph (1)(B), (C), or (D) of this section;

(C)

a disabled veteran;

(D)

the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section;

(E)

the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;

(F)

the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—

(i)

the spouse of that parent is totally and permanently disabled; or

(ii)

that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse;

(G)

the parent of a service-connected permanently and totally disabled veteran, if—

(i)

the spouse of that parent is totally and permanently disabled; or

(ii)

that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and

(H)

a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10);

but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;

(4)

except for the purposes of chapters 43 and 75 of this title, “preference eligible” does not include a retired member of the armed forces unless—

(A)

the individual is a disabled veteran; or

(B)

the individual retired below the rank of major or its equivalent; and

(5)

“retired member of the armed forces” means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.

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. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 2108

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 410

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 410

  2. Pub. L. 90–623 § 1(2) · 82 Stat. 1312

    Inserted · 5 U.S.C. § 2108(3)(D)

    Pub. L. 90–623 inserted “as defined by paragraph (1)(A) of this section” after “veteran”

    Source evidence

    Code amendment note
    Par. (3)(D). Pub. L. 90–623 inserted “as defined by paragraph (1)(A) of this section” after “veteran”.

    Enacted provision · exact public law section
    (1) In section 559 insert “of this title” immediately after the figure ”7521” wherever it appears;

  3. Pub. L. 92–187 § 1 · 85 Stat. 642

    Inserted · 5 U.S.C. § 2108(3)(D)

    Pub. L. 92–187 inserted “or widower” after “unmarried widow”

    Source evidence

    Code amendment note
    Par. (3)(D). Pub. L. 92–187 inserted “or widower” after “unmarried widow”.

    Enacted provision · exact public law section
    (1) by inserting “(a)” immediately before “(The President”; and

  4. Pub. L. 92–187 § 1 · 85 Stat. 642

    Inserted · 5 U.S.C. § 2108(3)(E)

    Pub. L. 92–187 inserted “or husband” after “the wife”

    Source evidence

    Code amendment note
    Par. (3)(E). Pub. L. 92–187 inserted “or husband” after “the wife”.

    Enacted provision · exact public law section
    (1) by inserting “(a)” immediately before “(The President”; and

  5. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title VII § 702 · 90 Stat. 2383

    Substituted · 5 U.S.C. § 2108(1)(B)

    Pub. L. 94–502 substituted “any part of which occurred after January 31, 1955, and before the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” for “after January 31, 1955,”

    Source evidence

    Code amendment note
    Par. (1)(B). Pub. L. 94–502 substituted “any part of which occurred after January 31, 1955, and before the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” for “after January 31, 1955,”.

    Enacted provision · exact public law section
    Sec. 702. Section 2108(1) (B) of title 5, United States Code, is amended by striking out “after January 31, 1955,” and inserting in lieu thereof “any part of which occurred after January 31, 1955, and before the date of the enactment of the Veterans’ Education and Employment Assistance Act of 1976,”.

  6. Pub. L. 95–454 § 307(a)(1) · 92 Stat. 1111

    Struck · 5 U.S.C. § 2108(2)

    Pub. L. 95–454, § 307(a)(1), struck out “and” at end

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 95–454, § 307(a)(1), struck out “and” at end.

    Enacted provision · exact public law section
    (1) by striking out “and” at the end of paragraph (2);

  7. Pub. L. 95–454 § 307(a)(2) · 92 Stat. 1111

    1. Inserted · 5 U.S.C. § 2108(3)

      Pub. L. 95–454, § 307(a)(2), (3), inserted “, except as provided in paragraph (4) of this section” after “means”

    2. Substituted · 5 U.S.C. § 2108(3)

      Pub. L. 95–454, § 307(a)(2), (3), substituted a semicolon for the period at end

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 95–454, § 307(a)(2), (3), inserted “, except as provided in paragraph (4) of this section” after “means”, and substituted a semicolon for the period at end.

    Enacted provision · exact public law section
    (2) by inserting in paragraph (3) after “means” the following: “, except as provided in paragraph (4) of this section”;

  8. Pub. L. 95–454 § 307(a)(4) · 92 Stat. 1111

    Added · 5 U.S.C. § 2108(4); 5 U.S.C. § 2108(5)

    Pub. L. 95–454, § 307(a)(4), added pars. (4) and (5) relating to retired members of the armed forces

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 95–454, § 307(a)(4), added pars. (4) and (5) relating to retired members of the armed forces.

    Enacted provision · exact public law section
    (4) by adding at the end thereof the following new paragraphs: “(4) except for the purposes of chapters 43 and 75 of this title, Ante, p. 1131. Post, p. 1167. Ante, p. 1134. ‘preference eligible’ does not include a retired member of the armed forces unless.— “(A) the individual is a disabled veteran; or “(B) the individual retired below the rank of major or its equivalent; and “(5) ‘retired member of the armed forces’ means a member or “Retired member of the Armed Forces.” former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.”.

  9. Pub. L. 95–454 § 401(d) · 92 Stat. 1111

    Inserted · 5 U.S.C. § 2108(5)

    Pub. L. 95–454, § 401(d), inserted “; but does not include applicants for, or members of, the Senior Executive Service” before the period at end

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 95–454, § 401(d), inserted “; but does not include applicants for, or members of, the Senior Executive Service” before the period at end.

    Enacted provision · exact public law section
    (d) Section 2108(5) of title 5, United States Code (as amended in section 307 of this Act), is further amended— Ante, p. 1147. (1) by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (2) by adding at the end thereof the following: “but does not include applicants for, or members of, the Senior Executive Service.”.

  10. Pub. L. 96–54 § 2(a)(8) · 93 Stat. 381

    Inserted · 5 U.S.C. § 2108(3)

    Pub. L. 96–54, § 2(a)(8), inserted provision excepting applicants for, or members of, Senior Executive Service

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 96–54, § 2(a)(8), inserted provision excepting applicants for, or members of, Senior Executive Service.

    Enacted provision · exact public law section
    (8) Section 2108(3) is amended by inserting after “claimed” in subparagraph (G)(iii) a semicolon and the following: “but does not include applicants for, or members of, the Senior Executive Service”.

  11. Pub. L. 96–54 § 2(a)(9)(A) · 93 Stat. 381

    Struck · 5 U.S.C. § 2108(5)

    Pub. L. 96–54, § 2(a)(9)(A), struck out provision excepting applicants for, or members of, Senior Executive Service

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 96–54, § 2(a)(9)(A), struck out provision excepting applicants for, or members of, Senior Executive Service.

    Enacted provision · exact public law section
    (A) Section 2108(5) is amended by striking out “; but does not include applicants for, or members of, the Senior Executive Service”.

  12. General Accounting Office Personnel Act of 1980

    Pub. L. 96–191 § 8(a) · 94 Stat. 27

    Inserted · 5 U.S.C. § 2108(3)

    Pub. L. 96–191 inserted reference to General Accounting Office in concluding provisions

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 96–191 inserted reference to General Accounting Office in concluding provisions.

    Enacted provision · exact public law section
    (a) Section 2108(3) of title 5, United States Code, is amended by inserting “or the General Accounting Office” after “the Senior Executive Service”.

  13. Pub. L. 97–89 title VIII § 801 · 95 Stat. 1150

    Inserted · 5 U.S.C. § 2108(3)

    Pub. L. 97–89 inserted reference to Defense Intelligence Senior Executive Service and Senior Cryptologic Executive Service in concluding provisions

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 97–89 inserted reference to Defense Intelligence Senior Executive Service and Senior Cryptologic Executive Service in concluding provisions.

    Enacted provision · exact public law section
    Sec. 801. exclusion from veterans preference provisions Section 2108(3) of title 5, United States Code, is amended by striking out “or the General Accounting Office” and inserting in lieu thereof “, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the General Accounting Office”.

  14. Pub. L. 100–325 § 2(a) · 102 Stat. 579

    Inserted · 5 U.S.C. § 2108(3)

    Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service in concluding provisions

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service in concluding provisions.

    Enacted provision · exact public law section
    (a) Section 2108(3) of title 5, United States Code, is amended in the matter following subparagraph (G)by inserting “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service,” after “the Senior Cryptologic Executive Service,”.

  15. Pub. L. 102–54 § 13(b)(1) · 105 Stat. 267

    Substituted · 5 U.S.C. § 2108(2)

    Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) The following sections of title 5, United States Code, are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 2108(2), 5102(c)(14), 5342(a)(2)(C), 7103(a)(3), 8101(20), 8116(a)(3), 8311(2)(A), and 8311(3)(A).

  16. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1102(c) · 111 Stat. 1629

    1. Substituted · 5 U.S.C. § 2108(1)(B)

      Pub. L. 105–85, § 1102(c), substituted “October 15, 1976,” for “the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,”

    2. Substituted · 5 U.S.C. § 2108(1)(B)

      Pub. L. 105–85, § 1102(c), substituted “12103(d) of title 10” for “511(d) of title 10”

    Source evidence

    Code amendment note
    Par. (1)(B). Pub. L. 105–85, § 1102(c), substituted “October 15, 1976,” for “the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” and “12103(d) of title 10” for “511(d) of title 10”.

    Enacted provision · exact public law section
    (c) Technical Amendments.— Section 2108(1)(B) of such title is further amended— (1) by striking “the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” and inserting “October 15, 1976,”; and (2) by striking “511(d) of title 10” and inserting “12103(d) of title 10”.

  17. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1102(a)(1) · 111 Stat. 1629

    Added · 5 U.S.C. § 2108(1)(C)

    Pub. L. 105–85, § 1102(a)(1), added subpar. (C)

    Source evidence

    Code amendment note
    Par. (1)(C). Pub. L. 105–85, § 1102(a)(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “or” at the end of subparagraph (A); (B) by inserting “or” at the end of subparagraph (B); and (C) by inserting after subparagraph (B) the following new subparagraph: “(C) served on active duty as defined by section 101(21) of title 38 in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992;”; and

  18. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1102(a)(2) · 111 Stat. 1629

    Inserted · 5 U.S.C. § 2108(3)(B)

    Pub. L. 105–85, § 1102(a)(2), inserted “or (C)” after “paragraph (1)(B)”

    Source evidence

    Code amendment note
    Par. (3)(B). Pub. L. 105–85, § 1102(a)(2), inserted “or (C)” after “paragraph (1)(B)”.

    Enacted provision · exact public law section
    (2) in paragraph (3)(B), by inserting “or (C)” after “paragraph (1)(B)”.

  19. Veterans Employment Opportunities Act of 1998”

    Pub. L. 105–339 § 4(a) · 112 Stat. 3182

    Substituted · 5 U.S.C. § 2108(3)

    Pub. L. 105–339, in concluding provisions, substituted “or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;” for “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or the General Accounting Office;”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 105–339, in concluding provisions, substituted “or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;” for “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or the General Accounting Office;”.

    Enacted provision · exact public law section
    (a) Amendment to Title 5, United States Code.— Paragraph (3) of section 2108 of title 5, United States Code, is amended by striking “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or the General Accounting Office;”and inserting “or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;”.

  20. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1112(a) · 119 Stat. 3136

    Substituted · 5 U.S.C. § 2108(1)

    Pub. L. 109–163, § 1112(a), in concluding provisions, substituted “discharged or released from active duty in” for “separated from”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 109–163, § 1112(a), in concluding provisions, substituted “discharged or released from active duty in” for “separated from”.

    Enacted provision · exact public law section
    (a) Veterans’ Preference Eligibility.— Section 2108(1) of title 5, United States Code, is amended by striking “separated from” and inserting “discharged or released from active duty in”.

  21. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 515(f)(1) · 119 Stat. 3136

    Substituted · 5 U.S.C. § 2108(1)(B)

    Pub. L. 109–163, § 515(f)(1), substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Par. (1)(B). Pub. L. 109–163, § 515(f)(1), substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (1) Title 5, united states code.— Section 2108(1)(B) of title 5, United States Code, is amended by striking “Naval Reserve” and inserting “Navy Reserve”.

  22. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1111(a) · 119 Stat. 3136

    Added · 5 U.S.C. § 2108(1)(D)

    Pub. L. 109–163, § 1111(a), added subpar. (D)

    Source evidence

    Code amendment note
    Par. (1)(D). Pub. L. 109–163, § 1111(a), added subpar. (D).

    Enacted provision · exact public law section
    (a) Definition of Veteran.— Section 2108(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by striking “or” at the end; (2) in subparagraph (C), by adding “or” after the semicolon; and (3) by inserting after subparagraph (C) the following: “(D) served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom;” .

  23. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 1111(b) · 119 Stat. 3136

    Substituted · 5 U.S.C. § 2108(3)(B)

    Pub. L. 109–163, § 1111(b), substituted “paragraph (1)(B), (C), or (D)” for “paragraph (1)(B) or (C)”

    Source evidence

    Code amendment note
    Par. (3)(B). Pub. L. 109–163, § 1111(b), substituted “paragraph (1)(B), (C), or (D)” for “paragraph (1)(B) or (C)”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 2108(3)(B) of such title is amended by striking “paragraph (1)(B) or (C)” and inserting “paragraph (1)(B), (C), or (D)”.

  24. Hubbard Act

    Pub. L. 110–317 § 8 · 122 Stat. 3526

    Added · 5 U.S.C. § 2108(3)(H)

    Pub. L. 110–317 added subpar. (H)

    Source evidence

    Code amendment note
    Par. (3)(H). Pub. L. 110–317 added subpar. (H).

    Enacted provision · exact public law section
    SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE.   Section 2108(3) of title 5, United States Code, is amended— (1) in subparagraph (F), by striking “and” at the end; (2) in subparagraph (G), by inserting “and” at the end; and (3) by inserting after subparagraph (G) the following: “(H) a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10);” .

  25. VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 § 235(a)(2)(A)(i) · 125 Stat. 723

    Inserted · 5 U.S.C. § 2108(1)

    Pub. L. 112–56, § 235(a)(2)(A)(i), in concluding provisions, inserted “, except as provided under section 2108a,” before “who has been”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 112–56, § 235(a)(2)(A)(i), in concluding provisions, inserted “, except as provided under section 2108a,” before “who has been”.

    Enacted provision · exact public law section
    (i) in paragraph (1), in the matter following subparagraph (D), by inserting “, except as provided under section 2108a,” before “who has been”;

  26. VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 § 235(a)(2)(A)(ii) · 125 Stat. 723

    Inserted · 5 U.S.C. § 2108(2)

    Pub. L. 112–56, § 235(a)(2)(A)(ii), inserted “(except as provided under section 2108a)” before “has been separated”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 112–56, § 235(a)(2)(A)(ii), inserted “(except as provided under section 2108a)” before “has been separated”.

    Enacted provision · exact public law section
    (ii) in paragraph (2), by inserting “(except as provided under section 2108a)” before “has been separated”; and

  27. VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 § 235(a)(2)(A)(iii) · 125 Stat. 723

    Inserted · 5 U.S.C. § 2108(3)

    Pub. L. 112–56, § 235(a)(2)(A)(iii), in introductory provisions, inserted “or section 2108a(c)” after “paragraph (4) of this section”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 112–56, § 235(a)(2)(A)(iii), in introductory provisions, inserted “or section 2108a(c)” after “paragraph (4) of this section”.

    Enacted provision · exact public law section
    (iii) in paragraph (3), in the matter preceding subparagraph (A), by inserting “or section 2108a(c)” after “paragraph (4) of this section”.

  28. Gold Star Fathers Act of 2015

    Pub. L. 114–62 § 2 · 129 Stat. 547

    1. Added · 5 U.S.C. § 2108(3)(F); 5 U.S.C. § 2108(3)(G)

      Pub. L. 114–62 added subpars. (F) and (G)

    2. Struck · 5 U.S.C. § 2108(3)(F); 5 U.S.C. § 2108(3)(G)

      Pub. L. 114–62 struck out former subpars. (F) and (G) which included in the definition of “preference eligible” certain mothers of individuals who lost their lives under honorable conditions in the armed forces and certain mothers of service-connected permanently and totally disabled veterans

    Source evidence

    Code amendment note
    Par. (3)(F), (G). Pub. L. 114–62 added subpars. (F) and (G) and struck out former subpars. (F) and (G) which included in the definition of “preference eligible” certain mothers of individuals who lost their lives under honorable conditions in the armed forces and certain mothers of service-connected permanently and totally disabled veterans.

    Enacted provision · exact public law section
    SEC. 2. PREFERENCE ELIGIBLE TREATMENT FOR FATHERS OF CERTAIN PERMANENTLY DISABLED OR DECEASED VETERANS.   Section 2108(3) of title 5, United States Code, is amended by striking subparagraphs (F) and (G) and inserting the following: “(F) the parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if— “(i) the spouse of that parent is totally and permanently disabled; or “(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; “(G) the parent of a service-connected permanently and totally disabled veteran, if— “(i) the spouse of that parent is totally and permanently disabled; or “(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and” .

    Effective date note
    Pub. L. 114–62, § 3, Oct. 7, 2015, 129 Stat. 548, provided that: “The amendment made by this Act [amending this section] shall take effect 90 days after the date of enactment of this Act [Oct. 7, 2015].”

30 of 31 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
1966 Act
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 851 (less 1st 76 words).June 27, 1944, ch. 287, § 2 (less 1st 76 words), 58 Stat. 387.
  Jan. 19, 1948, ch. 1, § 1, 62 Stat. 3.
  July 2, 1948, ch. 816, 62 Stat. 1233.
  Aug. 26, 1949, ch. 513, 63 Stat. 666.
  Dec. 27, 1950, ch. 1151, § 1, 64 Stat. 1117.
  July 14, 1952, ch. 728, § 1, 66 Stat. 626.

In paragraph (2), the words “a military department” are substituted for “the War Department or Navy Department” (appearing in section 2 of the Act of June 27, 1944) because of the definition of “military department” in section 102. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, § 205, 61 Stat. 501. “Department of the Air Force” is included on authority of the Act of July 26, 1947, ch. 343, § 207 (a), (f), 61 Stat. 502.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

historicalAndRevision
1967 Act
Section of title 5Source (U.S. Code)Source (Statutes at Large)
21085 App.: 851.Mar. 3, 1966, Pub. L. 89–358, § 11, 80 Stat. 28.

Editorial Notes

Amendments1968–2015 · 15 rounds

2015

Par. (3)(F), (G). Pub. L. 114–62 added subpars. (F) and (G) and struck out former subpars. (F) and (G) which included in the definition of “preference eligible” certain mothers of individuals who lost their lives under honorable conditions in the armed forces and certain mothers of service-connected permanently and totally disabled veterans.

2011

Par. (1). Pub. L. 112–56, § 235(a)(2)(A)(i), in concluding provisions, inserted “, except as provided under section 2108a,” before “who has been”.

Par. (2). Pub. L. 112–56, § 235(a)(2)(A)(ii), inserted “(except as provided under section 2108a)” before “has been separated”.

Par. (3). Pub. L. 112–56, § 235(a)(2)(A)(iii), in introductory provisions, inserted “or section 2108a(c)” after “paragraph (4) of this section”.

2008

Par. (3)(H). Pub. L. 110–317 added subpar. (H).

2006

Par. (1). Pub. L. 109–163, § 1112(a), in concluding provisions, substituted “discharged or released from active duty in” for “separated from”.

Par. (1)(B). Pub. L. 109–163, § 515(f)(1), substituted “Navy Reserve” for “Naval Reserve”.

Par. (1)(D). Pub. L. 109–163, § 1111(a), added subpar. (D).

Par. (3)(B). Pub. L. 109–163, § 1111(b), substituted “paragraph (1)(B), (C), or (D)” for “paragraph (1)(B) or (C)”.

1998

Par. (3). Pub. L. 105–339, in concluding provisions, substituted “or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;” for “the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or the General Accounting Office;”.

1997

Par. (1)(B). Pub. L. 105–85, § 1102(c), substituted “,” for “the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” and “12103(d) of title 10” for “511(d) of title 10”.

Par. (1)(C). Pub. L. 105–85, § 1102(a)(1), added subpar. (C).

Par. (3)(B). Pub. L. 105–85, § 1102(a)(2), inserted “or (C)” after “paragraph (1)(B)”.

1991

Par. (2). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1988

Par. (3). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service in concluding provisions.

1981

Par. (3). Pub. L. 97–89 inserted reference to Defense Intelligence Senior Executive Service and Senior Cryptologic Executive Service in concluding provisions.

1980

Par. (3). Pub. L. 96–191 inserted reference to General Accounting Office in concluding provisions.

1979

Par. (3). Pub. L. 96–54, § 2(a)(8), inserted provision excepting applicants for, or members of, Senior Executive Service.

Par. (5). Pub. L. 96–54, § 2(a)(9)(A), struck out provision excepting applicants for, or members of, Senior Executive Service.

1978

Par. (2). Pub. L. 95–454, § 307(a)(1), struck out “and” at end.

Par. (3). Pub. L. 95–454, § 307(a)(2), (3), inserted “, except as provided in paragraph (4) of this section” after “means”, and substituted a semicolon for the period at end.

Pars. (4), (5). Pub. L. 95–454, § 307(a)(4), added pars. (4) and (5) relating to retired members of the armed forces.

Par. (5). Pub. L. 95–454, § 401(d), inserted “; but does not include applicants for, or members of, the Senior Executive Service” before the period at end.

1976

Par. (1)(B). Pub. L. 94–502 substituted “any part of which occurred after , and before the date of enactment of the Veterans’ Education and Employment Assistance Act of 1976,” for “after ,”.

1971

Par. (3)(D). Pub. L. 92–187 inserted “or widower” after “unmarried widow”.

Par. (3)(E). Pub. L. 92–187 inserted “or husband” after “the wife”.

1968

Par. (3)(D). Pub. L. 90–623 inserted “as defined by paragraph (1)(A) of this section” after “veteran”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–62, § 3, , 129 Stat. 548, provided that: “The amendment made by this Act [amending this section] shall take effect 90 days after the date of enactment of this Act [].”

Effective Date of 2008 Amendment

Pub. L. 110–317, § 10, , 122 Stat. 3530, provided that:

“(a)

Retroactive Effective Date.—

Except as provided in subsection (b) and section 9 [amending section 685 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 685 of Title 26], this Act [amending this section, section 8521 of this title, sections 1145, 1146, and 1174 of Title 10, Armed Forces, section 685 of Title 26, section 303a of Title 37, Pay and Allowances of the Uniformed Services, and sections 3011, 3012, 3702, and 4211 of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under section 101 of Title 10 and section 685 of Title 26] and the amendments made by this Act shall apply with respect to any sole survivorship discharge granted after .

“(b)

Date of Enactment Effective Date for Certain Amendments.—

The amendments made by sections 4, 7, and 8 [amending this section and section 8521 of this title and section 1145 of Title 10] shall apply with respect to any sole survivorship discharge granted after the date of the enactment of this Act [].

“(c)

Sole Survivorship Discharge Defined.—

In this section, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—

“(1)

the father or mother or one or more siblings—

“(A)

served in the Armed Forces; and

“(B)

was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and

“(2)

the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.”

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–89 effective , see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–191 effective , see section 10(a) of Pub. L. 96–191.

Effective Date of 1979 Amendment

Amendment by section 2(a)(8) of Pub. L. 96–54 effective , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Pub. L. 96–54, § 2(a)(9)(B), , 93 Stat. 381, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect ”.

Effective Date of 1978 Amendment

Pub. L. 95–454, title III, § 307(a), , 92 Stat. 1147, provided that the amendment made by that section is effective .

Amendment by section 401(d) of Pub. L. 95–454 effective 9 months after , and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 effective , for all purposes, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Savings Provision

Pub. L. 109–163, div. A, title XI, § 1112(b), , 119 Stat. 3451, provided that: “Nothing in the amendment made by subsection (a) [amending this section] may be construed to affect a determination made before the date of enactment of this Act [] that an individual is a preference eligible (as defined in section 2108(3) of title 5, United States Code).”

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.

Credits

1966–2015 · 17 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 410
  2. 1967Pub. L. 90–83, § 1(6), , 81 Stat. 196
  3. 1968Pub. L. 90–623, § 1(2), , 82 Stat. 1312
  4. 1971Pub. L. 92–187, § 1, , 85 Stat. 644
  5. 1976Pub. L. 94–502, title VII, § 702, , 90 Stat. 2405
  6. 1978Pub. L. 95–454, title III, § 307(a), title IV, § 401(d), , 92 Stat. 1147, 1154
  7. 1979Pub. L. 96–54, § 2(a)(8), (9)(A), , 93 Stat. 381
  8. 1980Pub. L. 96–191, § 8(a), , 94 Stat. 33
  9. 1981Pub. L. 97–89, title VIII, § 801, , 95 Stat. 1161
  10. 1988Pub. L. 100–325, § 2(a), , 102 Stat. 581
  11. 1991Pub. L. 102–54, § 13(b)(1), , 105 Stat. 274
  12. 1997Pub. L. 105–85, div. A, title XI, § 1102(a), (c), , 111 Stat. 1922
  13. 1998Pub. L. 105–339, § 4(a), , 112 Stat. 3185
  14. 2006Pub. L. 109–163, div. A, title V, § 515(f)(1), title XI, §§ 1111, 1112(a), , 119 Stat. 3236, 3451
  15. 2008Pub. L. 110–317, § 8, , 122 Stat. 3529
  16. 2011Pub. L. 112–56, title II, § 235(a)(2)(A), , 125 Stat. 723
  17. 2015Pub. L. 114–62, § 2, , 129 Stat. 547.
Show as published

(Pub. L. 89–554, , 80 Stat. 410; Pub. L. 90–83, § 1(6), , 81 Stat. 196; Pub. L. 90–623, § 1(2), , 82 Stat. 1312; Pub. L. 92–187, § 1, , 85 Stat. 644; Pub. L. 94–502, title VII, § 702, , 90 Stat. 2405; Pub. L. 95–454, title III, § 307(a), title IV, § 401(d), , 92 Stat. 1147, 1154; Pub. L. 96–54, § 2(a)(8), (9)(A), , 93 Stat. 381; Pub. L. 96–191, § 8(a), , 94 Stat. 33; Pub. L. 97–89, title VIII, § 801, , 95 Stat. 1161; Pub. L. 100–325, § 2(a), , 102 Stat. 581; Pub. L. 102–54, § 13(b)(1), , 105 Stat. 274; Pub. L. 105–85, div. A, title XI, § 1102(a), (c), , 111 Stat. 1922; Pub. L. 105–339, § 4(a), , 112 Stat. 3185; Pub. L. 109–163, div. A, title V, § 515(f)(1), title XI, §§ 1111, 1112(a), , 119 Stat. 3236, 3451; Pub. L. 110–317, § 8, , 122 Stat. 3529; Pub. L. 112–56, title II, § 235(a)(2)(A), , 125 Stat. 723; Pub. L. 114–62, § 2, , 129 Stat. 547.)

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