42 U.S.C. § 1477: Preferences for veterans and…

Summary

When picking among people who qualify for help under sections 1471–1474, the Secretary must give priority to veterans and to families of servicemembers who died while serving. Veteran — someone who served in the U.S. military during any war, or during the period starting June 27, 1950 and ending on a date later set by Presidential proclamation or concurrent resolution of Congress, or during the period after January 31, 1955 up to August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who was discharged or released under conditions other than dishonorable. Deceased servicemen — people who served in those same wars or periods and who died in service before the war or period ended.

Title 42, §1477

The Public Health and Welfare, Source: USLM XML via OLRC

As between eligible applicants seeking assistance under sections 1471 to 1474, inclusive, of this title, the Secretary shall give preference to veterans and the families of deceased servicemen. As used herein, a “veteran” shall mean a person who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential proclamation or concurrent resolution of Congress, or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who was discharged or released therefrom on conditions other than dishonorable. “Deceased servicemen” shall mean persons who served in the military forces of the United States during any war between the United States and any other nation or during the period beginning June 27, 1950, and ending on such date as shall be determined by Presidential proclamation or concurrent resolution of Congress, or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38), and who died in service before the termination of such war or such period or era.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1974—Pub. L. 93–383 inserted references to the period beginning after Jan. 31, 1955 and ending on Aug. 4, 1964, or during the Vietnam era wherever appearing therein. 1961—Pub. L. 87–70 substituted “under sections 1471 to 1474, inclusive, of this title” for “under this subchapter.” 1953—Act June 30, 1953, enlarged the definition of “veteran” and “deceased servicemen” to include members of the armed forces who have served during the Korean conflict.

Statutory Notes and Related Subsidiaries

Continuation of ProvisionsJoint Res.

July 3, 1952, ch. 570, § 1(a)(20), 66 Stat. 332, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided that qualification period should continue in force until six months after the termination of the national emergency proclaimed by the President on Dec. 16, 1950 by 1950 Proc. No. 2914, 15 F.R. 9029, set out as a note preceding section 1 of Title 50, War and National Defense, or such earlier date or dates as may be provided for by Congress, but in no event beyond

July 1, 1953. section 7 of Joint Res.

July 3, 1952, provided that it should become effective

June 16, 1952. Repeal of Prior Acts Continuing Section section 6 of Joint Res.

July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res.

May 28, 1952, ch. 339, 66 Stat. 96; Joint Res.

June 14, 1952, ch. 437, 66 Stat. 137; Joint Res.

June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until

July 3, 1952. This repeal took effect as of

June 16, 1952, by section 7 of Joint Res.

July 3, 1952.

Executive Documents

Period of Service in Military ForcesProc. No. 3080, Jan. 5, 1955, 20 F.R. 173, fixed Jan. 31, 1955, as the date ending the period during which persons must have served in the military forces in order that such persons come within the meaning of the terms “veteran” and “deceased servicemen”, contained in this section, by reason of service during the period beginning June 27, 1950.

§1477 Preferences for Veterans and Families of Deceased Servicemen