38 U.S.C. 101: Definitions

2025

• Pub. L. 118–210 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The term 'surviving spouse' means (except for purposes of chapter 19 of this title) a person of the opposite sex who was the spouse of a veteran at the time of the veteran's death, and who lived wit… (Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act) Law text · (3)

2023

• Pub. L. 118–31, §1723(a)(1)(A), 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)". (National Defense Authorization Act for Fiscal Year 2024) Law text · (23), (B)
• Pub. L. 118–31, §1723(a)(1)(B), redesignated subpars. (F), (G), and (H) as subpars. (E), (F), and (G), respectively, and struck out former subpar. (E) which read as follows: "the Space Force Reserve;". (National Defense Authorization Act for Fiscal Year 2024) Law text · (27)

2022

• Pub. L. 117–168 added pars. (37) and (38). (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (37), (38)

2021

• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (2)
• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in two places. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (5)
• Pub. L. 116–283, §926(b)(1), inserted "Space Force," after "Air Force,". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (10)
• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (12), (16), (17)
• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in two places. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (18)
• Pub. L. 116–315, §3004(a), inserted "or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304))" after "(other than a possession)". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (19)
• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (24)
• Pub. L. 116–283, §926(b)(3), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (27)
• Pub. L. 116–315, §2001, substituted "November 1, 1955" for "February 28, 1961". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (29)
• Pub. L. 116–283, §926(a)(1), substituted "air, or space service" for "or air service" in introductory provisions. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (32)

2020

• Pub. L. 116–259 inserted "in the commissioned officer corps" before "of the National". (National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020) Law text · (21)

2017

• Pub. L. 115–55 added pars. (34) to (36). Law text · (34), (35), (36)

2008

• Pub. L. 110–389 substituted "subparagraph (B) or (C) of section 1965(10)" for "section 1965(10)(B)" in introductory provisions. (Veterans' Benefits Improvement Act of 2008) Law text · (4)

2006

• Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–4… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (25)
• Pub. L. 109–461, §1004(b)(1), made technical amendment to directory language of Pub. L. 107–296, §1704(d). See 2002 Amendment note below. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (25)
• Pub. L. 109–444, which made amendment identical to amendment by Pub. L. 109–461, §1004(b)(1), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above. Law text · (25)
• Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve". (National Defense Authorization Act for Fiscal Year 2006) Law text · (27)

2002

• Pub. L. 107–296, §1704(d), as amended by Pub. L. 109–461, §1004(b)(1), substituted "of Homeland Security" for "of Transportation". (Homeland Security Act of 2002) Law text · (25)

2001

• Pub. L. 107–14 inserted "(other than with respect to a child who is an insurable dependent under section 1965(10)(B) of such chapter)" after "except for purposes of chapter 19 of this title" in introductory provisions. (Veterans' Survivor Benefits Improvements Act of 2001) Law text · (4)

2000

• Pub. L. 106–419 amended par. (24) generally. Prior to amendment, par. (24) read as follows: "The term 'active military, naval, or air service' includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or injury … (Veterans Benefits and Health Care Improvement Act of 2000) Law text · (24)

1996

• Pub. L. 104–275 amended par. (29) generally. Prior to amendment, par. (29) read as follows: "The term 'Vietnam era' means the period beginning August 5, 1964, and ending on May 7, 1975." (Veterans' Benefits Improvements Act of 1996) Law text · (29)

1994

• Pub. L. 103–446 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The terms 'Secretary' and 'Administrator' mean the Secretary of Veterans Affairs, and the terms 'Department' and 'Department' mean the Department of Veterans Affairs." · (1)

1991

• Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (1)
• Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in concluding provisions. · (4)
• Pub. L. 102–40 substituted "8502(b)" for "5202(b)" in introductory provisions. · (4)
• Pub. L. 102–83, §5(c)(1), substituted "3566" for "1766" in introductory provisions. · (4)
• Pub. L. 102–25, §332(1), inserted "the Persian Gulf War," after "the Vietnam era,". · (11)
• Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator". · (13), (14), (15)
• Pub. L. 102–83, §5(c)(1), substituted "2303" for "903". · (20)
• Pub. L. 102–54 redesignated subcls. (a), (b), and (c) as (I), (II), and (III), respectively. · (21)
• Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator". · (32)
• Pub. L. 102–25, §332(2), added par. (33). · (33)

1989

• Pub. L. 101–237 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The term 'Administrator' means the Administrator of Veterans' Affairs." · (1)

1988

• Pub. L. 100–456, §633(c)(1), substituted "training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned" for "field training or a practice cruise under chapter 103 of tit… · (22)
• Pub. L. 100–456, §633(c)(2), added subpar. (C). · (23)
• Pub. L. 100–322, §103(a), substituted "who require nursing care" for "who require skilled nursing care" and "Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care." for "… · (28)
• Pub. L. 100–322, §311, struck out "during a period other than a period of war in which such person was held" before "under circumstances which". · (32)

1986

• Pub. L. 99–576, §702(1)(A), inserted "Army" before "National Guard". · (22), (23), (27)
• Pub. L. 99–576, §702(1)(B), struck out "and the term 'surviving spouse' means a person of the opposite sex who is a widow or widower" after "husband". · (31)

1984

• Pub. L. 98–223 inserted provision that a person described in cl. (ii) of first sentence of subpar. (A) who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran be recognized as a legally adopted child of the veteran regar… · (4)

1982

• Pub. L. 97–295, §4(2), substituted "before August 26, 1961, or within two years after the veteran's death" for "within two years after the veteran's death or the date of enactment of this sentence". · (4)
• Pub. L. 97–306, §113(a)(1), struck out "and" after "of law;". · (22)
• Pub. L. 97–306, §113(a)(2), (3), added subpar. (D) and redesignated former subpar. (D) as (E). · (22), (E)
• Pub. L. 97–295, §4(95)(A), substituted "Health and Human Services" for "Health, Education, and Welfare". · (25)

1981

• Pub. L. 97–37 added par. (32). · (32)

1979

• Pub. L. 96–22 designated existing provisions as subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls. (i), (ii), and (iii), respectively, and added subpar. (B). · (4)

1978

• Pub. L. 95–588 inserted "or other periodic" after "monthly". · (15)

1977

• Pub. L. 95–126 designated existing provisions as cl. (A) and added cl. (B). · (18)
• Pub. L. 95–202 substituted "May 7, 1975" for "such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress." · (29)

1976

• Pub. L. 94–417 struck out "of any war (including the Indian Wars)" before "disabled" and "of any war" after "care for veterans". · (19)

1975

• Pub. L. 94–169, §101(1)(A), substituted "surviving spouse" for "widow", "person of the opposite sex" for "woman", "spouse" for "wife" wherever appearing, "the veteran's" for "his" wherever appearing, "with the veteran" for "with him", "person" for "man" wherever appearing and "himself or … · (3)
• Pub. L. 94–169, §101(1)(B), substituted "regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse" for "regular contribution toward his support from some individual other than the veteran or his spouse". · (4)
• Pub. L. 94–169, §101(1)(C), substituted "before the veteran's entry" for "before his entry". · (5)
• Pub. L. 94–169, §101(1)(D)–(F), substituted "surviving spouse" for "widow" wherever appearing. · (13), (14), (15)
• Pub. L. 94–169, §101(1)(G), added par. (31). · (31)

1972

• Pub. L. 92–540 inserted provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act. · (4)

1971

• Pub. L. 92–198 struck out service requirement of 90 days or more. · (30)

1970

• Pub. L. 91–262 inserted provision recognizing an adopted child of a veteran as a dependent from the date of issuance of an interlocutory decree. · (4)
• Pub. L. 91–588, §9(a), inserted reference to the Mexican border period. · (11)
• Pub. L. 91–621, §6(a)(1), included within "active duty" duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization. · (21)
• Pub. L. 91–621, §6(a)(2), inserted "the National Oceanic and Atmospheric Administration or its predecessor organization" before "the Coast and Geodetic Survey". · (25)
• Pub. L. 91–588, §9(b), added par. (30). · (30)

1969

• Pub. L. 91–24, §16, substituted "September 16, 1962" for "enactment of the 1962 amendment to this paragraph". · (3)
• Pub. L. 91–24, §1(a), substituted "section 206 of title 37" for "section 301 of title 37". · (23)
• Pub. L. 91–24, §1(b), substituted "Secretary of Transportation" for "Secretary of the Treasury". · (25)

1967

• Pub. L. 90–77, §201(a), included Vietnam era within definition of "period of war" and substituted "the date" for "a date". · (11)
• Pub. L. 90–77, §201(b), added par. (29). · (29)

1966

• Pub. L. 89–358 defined "State" to include the Canal Zone for the purpose of section 903 and chapters 34 and 35 of this title. · (20)

1965

• Pub. L. 89–311 substituted "twenty-three years" for "twenty-one years". · (4)

1964

• Pub. L. 88–450, §4(c), included within "State home" a home which furnishes nursing home care for veterans of any war. · (19)
• Pub. L. 88–450, §4(d), added par. (28). · (28)

1962

• Pub. L. 87–674 inserted requirement that a widow, in cases not involving remarriage, must not, since the death of the veteran and after the enactment of this amendment, have lived with another man and held herself out openly to the public to be the wife of such other man, and struck out "… · (3)
• Pub. L. 87–815 substituted " 'Reserve' means a member" for " 'Reserves' means members". · (26)

1959

• Pub. L. 86–195 provided that a person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of the veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the surviving spouse of the vetera… · (4)