
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-95 Section 5(g)(2)]
[CITE: 38USC3701]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 37--HOUSING AND SMALL BUSINESS LOANS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 3701. Definitions

    (a) For the purpose of this chapter, the term ``housing loan'' means 
a loan for any of the purposes specified by sections 3710(a) and 
3712(a)(1) of this title.
    (b) For the purposes of housing loans under this chapter--
        (1) The term ``World War II'' (A) means the period beginning on 
    September 16, 1940, and ending on July 25, 1947, and (B) includes, 
    in the case of any veteran who enlisted or reenlisted in a Regular 
    component of the Armed Forces after October 6, 1945, and before 
    October 7, 1946, the period of the first such enlistment or 
    reenlistment.
        (2) The term ``veteran'' includes the surviving spouse of any 
    veteran (including a person who died in the active military, naval, 
    or air service) who died from a service-connected disability, but 
    only if such surviving spouse is not eligible for benefits under 
    this chapter on the basis of the spouse's own active duty. The 
    active duty or service in the Selected Reserve of the deceased 
    spouse shall be deemed to have been active duty or service in the 
    Selected Reserve by such surviving spouse for the purposes of this 
    chapter.
        (3) The term ``veteran'' also includes, for purposes of home 
    loans, the spouse of any member of the Armed Forces serving on 
    active duty who is listed, pursuant to section 556 of title 37, 
    United States Code, and regulations issued thereunder, by the 
    Secretary concerned in one or more of the following categories and 
    has been so listed for a total of more than ninety days: (A) missing 
    in action, (B) captured in line of duty by a hostile force, or (C) 
    forcibly detained or interned in line of duty by a foreign 
    government or power. The active duty of the member shall be deemed 
    to have been active duty by such spouse for the purposes of this 
    chapter. The loan eligibility of such spouse under this paragraph 
    shall be limited to one loan guaranteed or made for the acquisition 
    of a home, and entitlement to such loan shall terminate 
    automatically, if not used, upon receipt by such spouse of official 
    notice that the member is no longer listed in one of the categories 
    specified in the first sentence of this paragraph.
        (4) The term ``veteran'' also includes an individual serving on 
    active duty.
        (5)(A) The term ``veteran'' also includes an individual who is 
    not otherwise eligible for the benefits of this chapter and (i) who 
    has completed a total service of at least 6 years in the Selected 
    Reserve and, following the completion of such service, was 
    discharged from service with an honorable discharge, was placed on 
    the retired list, was transferred to the Standby Reserve or an 
    element of the Ready Reserve other than the Selected Reserve after 
    service in the Selected Reserve characterized by the Secretary 
    concerned as honorable service, or continues serving in the Selected 
    Reserve, or (ii) who was discharged or released from the Selected 
    Reserve before completing 6 years of service because of a service-
    connected disability.
        (B) The term ``Selected Reserve'' means the Selected Reserve of 
    the Ready Reserve of any of the reserve components (including the 
    Army National Guard of the United States and the Air National Guard 
    of the United States) of the Armed Forces, as required to be 
    maintained under section 10143(a) of title 10.

    (c) Benefits shall not be afforded under this chapter to any 
individual on account of service as a commissioned officer of the 
National Oceanic and Atmospheric Administration (or predecessor entity), 
or of the Regular or Reserve Corps 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.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1203, Sec. 1801; Pub. L. 91-
584, Sec. 5(a), Dec. 24, 1970, 84 Stat. 1576; Pub. L. 94-324, Sec. 7(1), 
(2), June 30, 1976, 90 Stat. 721; Pub. L. 97-72, title III, Sec. 303(a), 
Nov. 3, 1981, 95 Stat. 1059; Pub. L. 97-295, Sec. 4(62), Oct. 12, 1982, 
96 Stat. 1309; Pub. L. 100-322, title IV, Sec. 415(c)(1), May 20, 1988, 
102 Stat. 551; Pub. L. 101-237, title III, Sec. 313(a), Dec. 18, 1989, 
103 Stat. 2077; renumbered Sec. 3701 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-547, 
Sec. 2(a)(1), Oct. 28, 1992, 106 Stat. 3633; Pub. L. 103-446, title IX, 
Sec. 901, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 104-106, div. A, title 
XV, Sec. 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501.)

                       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, as amended. Title III 
of the Servicemen's Readjustment Act of 1944 was classified generally to 
subchapter II (Sec. 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 Pub. L. 85-857, Sept. 2, 
1958, 72 Stat. 1105.


                               Amendments

    1996--Subsec. (b)(5)(B). Pub. L. 104-106 substituted ``section 
10143(a) of title 10'' for ``section 268(b) of title 10''.
    1994--Subsec. (b)(2). Pub. L. 103-446, Sec. 901(b), inserted ``or 
service in the Selected Reserve'' after ``duty'' in two places and 
substituted ``deceased spouse shall'' for ``spouse shall''.
    Subsec. (b)(5)(A). Pub. L. 103-446, Sec. 901(a), inserted ``(i)'' 
before ``who has'' and substituted ``, or'' and cl. (ii) for the period 
at end.
    1992--Subsec. (b)(5). Pub. L. 102-547 added par. (5).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1801 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3710(a) and 
3712(a)(1)'' for ``1810(a) and 1812(a)(1)''.
    1989--Subsec. (b)(4). Pub. L. 101-237 added par. (4).
    1988--Subsec. (a). Pub. L. 100-322 substituted ``1812(a)(1)'' for 
``1819(a)(1)''.
    1982--Subsec. (b)(3). Pub. 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). Pub. L. 97-72, Sec. 303(a)(2), added subsec. (a). 
Former subsec. (a) redesignated (b).
    Subsec. (b). Pub. L. 97-72, Sec. 303(a)(1), (3), redesignated 
subsec. (a) as (b) and substituted ``For the purposes of housing loans 
under this chapter'' for ``For the purposes of this chapter''. Former 
subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 97-72, Sec. 303(a)(1), (4), redesignated 
subsec. (b) as (c) and substituted ``National Oceanic and Atmospheric 
Administration (or predecessor entity)'' for ``Coast and Geodetic 
Survey''.
    1976--Subsec. (a)(2). Pub. L. 94-324, Sec. 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). Pub. L. 94-324, Sec. 7(2), substituted ``spouse'' 
and ``the spouse'' for ``wife'' and ``her husband'', respectively, 
wherever appearing.
    1970--Subsec. (a)(3). Pub. L. 91-584 added par. (3).


                    Effective Date of 1996 Amendment

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


                    Effective Date of 1981 Amendment

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


                    Effective Date of 1976 Amendment

    Section 9 of Pub. L. 94-324 provided that:
    ``(a) Except as provided in subsection (b), the provisions of this 
Act [see Tables for classification] shall become effective on the date 
of enactment [June 30, 1976].
    ``(b) 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3702, 3708, 3729, 5302 of 
this title.
