38 USC 1965 - Definitions

1 See Change of Name note below.

of the Public Health Service;

2 See References in Text note below.

of title 10; and

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 Puspan. L. 103–337. A new chapter 67 (§ 1331) of Title 10 was added by section 1662(j)(7) of Puspan. L. 103–337. For effective date of the Reserve Officer Personnel Management Act (Puspan. L. 103–337, title XVI), see section 1691 of Puspan. 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 Puspan. L. 109–364, div. A, title V, § 522(span), Oct. 17, 2006, 120 Stat. 2192. Section 12304(j)(1) of title 10 was subsequently redesignated section 12304(k)(2) of title 10 by Puspan. L. 118–31, div. A, title XV, § 1532(2), (7)(A), Dec. 22, 2023, 137 Stat. 563, 564.

Amendments

2023—Par. (2)(A). Puspan. 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). Puspan. 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). Puspan. L. 110–389 added subpar. (C).

2006—Par. (11). Puspan. 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). Puspan. L. 109–13 added par. (11).

2001—Par. (10). Puspan. L. 107–14 added par. (10).

2000—Par. (5)(C), (D). Puspan. L. 106–419 added subpar. (C) and redesignated former subpar. (C) as (D).

1996—Par. (5)(B). Puspan. L. 104–275, § 402(a)(1), inserted “and” at end.

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

1991—Puspan. L. 102–83, § 5(a), renumbered section 765 of this title as this section.

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

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

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

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

1986—Par. (5)(B). Puspan. L. 99–576, § 701(35)(A), substituted “such person” for “he”.

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

1974—Par. (1)(C). Puspan. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

Par. (5). Puspan. 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). Puspan. L. 93–289, § 10(1), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

1972—Par. (1)(D). Puspan. L. 92–315, § 1(3), added cl. (D).

Par. (5)(A). Puspan. 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). Puspan. L. 92–185 added pars. (7) to (9) defining, respectively, “widow” or “widower”, “child”, and “parent”.

1970—Puspan. 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 Puspan. 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 Puspan. L. 109–13, set out as an Effective Date note under section 1980A of this title.

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–14 effective on the first day of the first month that begins more than 120 days after June 5, 2001, see section 4(g)(1) of Puspan. 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 Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1974 Amendment

Puspan. L. 93–289, § 12(2), May 24, 1974, 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 [May 24, 1974].”

Effective Date of 1971 Amendment

Puspan. L. 92–185, § 2, Dec. 15, 1971, 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 [Dec. 15, 1971].”

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–291 effective June 25, 1970, see section 14(a) of Puspan. L. 91–291, set out as a note under section 1317 of this title.

Puspan. L. 91–291, § 14(span), June 25, 1970, 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 [June 25, 1970].”

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(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Renaming of Group Life Insurance Program

Puspan. L. 104–275, title IV, § 405(a), Oct. 9, 1996, 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

Puspan. L. 104–275, title IV, § 405(d), Oct. 9, 1996, 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.”