38 USC 3701 - Definitions

1 See Change of Name note below.

of the Public Health Service, unless such service would have qualified such individual for benefits under title III of the Servicemen’s Readjustment Act of 1944.

Editorial Notes

References in Text

The Servicemen’s Readjustment Act of 1944, referred to in subsec. (c), is act June 22, 1944, ch. 268, 58 Stat. 284. Title III of the Servicemen’s Readjustment Act of 1944 was classified generally to subchapter II (§ 694 et seq.) of chapter 11C of former Title 38, Pensions, Bonuses, and Veterans’ Relief, which was repealed and the provisions thereof reenacted as this chapter by Puspan. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Amendments

2021—Subsec. (span)(2). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (span)(7). Puspan. L. 116–315 added par. (7).

2012—Subsec. (span)(6). Puspan. L. 112–154 added par. (6).

1996—Subsec. (span)(5)(B). Puspan. L. 104–106 substituted “section 10143(a) of title 10” for “section 268(span) of title 10”.

1994—Subsec. (span)(2). Puspan. L. 103–446, § 901(span), inserted “or service in the Selected Reserve” after “duty” in two places and substituted “deceased spouse shall” for “spouse shall”.

Subsec. (span)(5)(A). Puspan. L. 103–446, § 901(a), inserted “(i)” before “who has” and substituted “, or” and cl. (ii) for the period at end.

1992—Subsec. (span)(5). Puspan. L. 102–547 added par. (5).

1991—Puspan. L. 102–83, § 5(a), renumbered section 1801 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “3710(a) and 3712(a)(1)” for “1810(a) and 1812(a)(1)”.

1989—Subsec. (span)(4). Puspan. L. 101–237 added par. (4).

1988—Subsec. (a). Puspan. L. 100–322 substituted “1812(a)(1)” for “1819(a)(1)”.

1982—Subsec. (span)(3). Puspan. L. 97–295 substituted “member shall be deemed” for “spouse shall be deemed”, and “member is no longer listed” for “spouse is no longer listed”.

1981—Subsec. (a). Puspan. L. 97–72, § 303(a)(2), added subsec. (a). Former subsec. (a) redesignated (span).

Subsec. (span). Puspan. L. 97–72, § 303(a)(1), (3), redesignated subsec. (a) as (span) and substituted “For the purposes of housing loans under this chapter” for “For the purposes of this chapter”. Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 97–72, § 303(a)(1), (4), redesignated subsec. (span) as (c) and substituted “National Oceanic and Atmospheric Administration (or predecessor entity)” for “Coast and Geodetic Survey”.

1976—Subsec. (a)(2). Puspan. L. 94–324, § 7(1), substituted “surviving spouse”, “the spouse’s own”, and “the spouse” for “widow”, “her own”, and “her husband”, respectively, wherever appearing.

Subsec. (a)(3). Puspan. L. 94–324, § 7(2), substituted “spouse” and “the spouse” for “wife” and “her husband”, respectively, wherever appearing.

1970—Subsec. (a)(3). Puspan. L. 91–584 added par. (3).

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 2021 Amendment

Puspan. L. 116–315, title II, § 2101(c), Jan. 5, 2021, 134 Stat. 4981, provided that: “The amendments made by this section [amending this section and section 3702 of this title] shall apply with respect to full-time National Guard duty (as defined in section 101 of title 10, United States Code) performed before, on, or after the date of the enactment of this Act [Jan. 5, 2021].”

Effective Date of 2012 Amendment

Puspan. L. 112–154, title II, § 206(span), Aug. 6, 2012, 126 Stat. 1178, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a loan guaranteed after the date of the enactment of this Act [Aug. 6, 2012].”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Puspan. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Puspan. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–72 effective at end of 180-day period beginning on Nov. 3, 1981, see section 305 of Puspan. L. 97–72, set out as an Effective Date note under section 3741 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–324, § 9, June 30, 1976, 90 Stat. 723, provided that:

“(a) Except as provided in subsection (span), the provisions of this Act [see Tables for classification] shall become effective on the date of enactment [June 30, 1976].

“(span) Sections 2 [enacting section 1807 of this title] and 3 [amending section 1811 [now 3711] of this title] shall become effective on October 1, 1976. Section 5 [amending section 1819 [now 3712] of this title] shall become effective on July 1, 1976.”

Clarification With Respect to Certain Fees

Puspan. L. 112–154, title II, § 206(c), Aug. 6, 2012, 126 Stat. 1179, provided that: “Fees shall be collected under section 3729 of title 38, United States Code, from a person described in paragraph (6) of section 3701(span) of such title, as added by subsection (a) of this section, in the same manner as such fees are collected from a person described in paragraph (2) of section 3701(span) of such title.”