republic-os/legal/us/code/title-38/chapter-15/section-1501.md

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38 U.S.C. § 1501 - Definitions

Text

For the purposes of this chapter—

(1) The term “Indian Wars” means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service.

(2) The term “World War I” includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918.

(3) The term “Civil War veteran” includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term “active military or naval service” includes active service in those forces.

(4) The term “period of war” means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 501; Pub. L. 94–169, title I, § 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95–588, title I, § 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 102–25, title III, § 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered § 1501, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

Notes

Editorial Notes

Prior ProvisionsPrior sections 1500 and 1501 were renumbered sections 3100 and 3101 of this title, respectively. Another prior section 1501, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 93–508, title I, § 101(1), Dec. 3, 1974, 88 Stat. 1578, defined “World War II” and “vocational rehabilitation” for purposes of chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1501 continue in effect until Mar. 31, 1981.

Amendments1991—Pub. L. 102–83 renumbered section 501 of this title as this section. Par. (4). Pub. L. 102–25 inserted “the Persian Gulf War,” after “the Vietnam era,”. 1978—Par. (4). Pub. L. 95–588 added par. (4). 1975—Par. (2). Pub. L. 94–169 substituted “such veteran” for “him”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentAmendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1975 AmendmentPub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

Plan To Address the Financial Exploitation of Veterans Receiving Pension From the Department of Veterans AffairsPub. L. 116–315, title VI, § 6002, Jan. 5, 2021, 134 Stat. 5051, provided that: “(a) Development of Method for Solicitation and Collection of Information.—Not later than one year after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs shall develop a method for systematically soliciting and collecting information on complaints received, referrals made, and actions taken by the pension management centers of the Department of Veterans Affairs and any other relevant components of the Department, in cases of potential financial exploitation of individuals receiving pension under chapter 15 of title 38, United States Code. “(b) Plan To Assess and Address Financial Exploitation of Veterans.—“(1) In general.—The Secretary shall develop and periodically update a plan—“(A) to regularly assess the information solicited and collected under subsection (a) to identify trends of potential financial exploitation of the individuals described in subsection (a) across the Department; and “(B) to outline actions that the Department can take to improve education and training to address those trends. “(2) Submission of plan.—Not later than one year after the date of the enactment of this Act and not less frequently than once every two years thereafter until the date that is six years after the date of the enactment of this Act, the Secretary shall submit the plan most recently developed or updated under paragraph (1) to—“(A) the Comptroller General of the United States; and “(B) the Committee on Veterans’ Affairs and the Special Committee on Aging of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.”

Notice Regarding Fees Charged in Connection With Filing an Application for Veterans PensionPub. L. 116–315, title VI, § 6006, Jan. 5, 2021, 134 Stat. 5053, provided that: “The Under Secretary for Benefits of the Department of Veterans Affairs shall ensure that every paper or electronic document relating to the receipt of pension under chapter 15 of title 38, United States Code, that is available to individuals who apply for such pension, including educational forms about or applications for such pension, includes a notice that the Department does not charge any fee in connection with the filing of an application for such pension.”

Secretary of Veterans Affairs Notice of Dishonest, Predatory, or Otherwise Unlawful Practices Targeting Individuals Who Are Eligible for Increased Pension on Basis of Need for Regular Aid and AttendancePub. L. 115–131, § 2(a), Mar. 9, 2018, 132 Stat. 334, provided that: “The Secretary of Veterans Affairs shall include on the internet website of the Department of Veterans Affairs a warning to veterans relating to dishonest, predatory, or otherwise unlawful practices targeting individuals who are eligible for increased pension under chapter 15 of title 38, United States Code, on the basis of need for regular aid and attendance.”

Pension Program for Nonservice-Connected Disability or Death; Report by AdministratorPub. L. 94–432, title IV, § 404, Sept. 30, 1976, 90 Stat. 1372, provided that, due to certain insufficiencies in pension program for nonservice-connected disability or death authorized by this chapter, and lack of sufficient long-range information as to actual and anticipated financial characteristics of potential pensioners and their families upon which to estimate costs of existing alternative pension programs, it was necessary for Administrator of Veterans’ Affairs to study existing and alternative nonservice-connected pension programs and to submit a report to Congress and the President not later than Oct. 1, 1977, on alternative courses of legislative and administrative action and long-range cost estimates therefor.

Study of Needs and Problems of Veterans and Their Widows Seventy-Two Years of Age or Older; Report by AdministratorPub. L. 93–527, § 8, Dec. 21, 1974, 88 Stat. 1705, directed Administrator of Veterans’ Affairs to study needs and problems of veterans and their widows seventy-two years of age or older and required him to report to Congress and President not later than one hundred and eighty days after convening of Ninety-fourth Congress results of study together with any recommendations for legislative or administrative action.