United States Code (Last Updated: May 24, 2014) |
Title 38. VETERANS’ BENEFITS |
Part III. READJUSTMENT AND RELATED BENEFITS |
Chapter 30. ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM |
SubChapter I. PURPOSES; DEFINITIONS |
§ 3002. Definitions
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For the purposes of this chapter— (1) The term “basic educational assistance” means educational assistance provided under subchapter II of this chapter. (2) The term “supplemental educational assistance” means educational assistance provided under subchapter III of this chapter. (3) The term “program of education”— (A) has the meaning given such term in section 3452(b) of this title; (B) includes— (i) a preparatory course for a test that is required or used for admission to an institution of higher education; and (ii) a preparatory course for a test that is required or used for admission to a graduate school; and (C) in the case of an individual who is not serving on active duty, includes (i) a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title, and (ii) a cooperative program (as defined in section 3482(a)(2) of this title). (4) 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. (5) The term “Secretary of Defense” means the Secretary of Defense, except that it means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (6) The term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. (7) The term “active duty” includes full-time National Guard duty first performed after June 30, 1985 , by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard.(8) The term “educational institution” has the meaning given such term in section 3452(c) of this title.
Prior Provisions
Prior sections 3002 to 3004 were renumbered sections 5102 to 5104 of this title, respectively.
Another prior section 3004, Pub. L. 85–857,
Prior sections 3005 to 3010 were renumbered sections 5105 to 5110 of this title, respectively.
Amendments
2006—Par. (6)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
2002—Par. (5). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1999—Par. (3)(B), (C). Pub. L. 106–117 added subpar. (B) and redesignated former subpar. (B) as (C).
1996—Par. (7). Pub. L. 104–275 substituted “
1994—Par. (4). Pub. L. 103–337, § 1677(d)(2)(A), substituted “section 10143(a) of title 10” for “section 268(b) of title 10”.
Par. (6). Pub. L. 103–337, § 1677(d)(2)(B), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.
Par. (8). Pub. L. 103–446 added par. (8).
1991—Pub. L. 102–83, § 5(a), renumbered section 1402 of this title as this section.
Par. (3). Pub. L. 102–83, § 5(c)(1), substituted “3452(b)” for “1652(b)” in subpar. (A) and “3687(a)” for “1787(a)” and “3482(a)(2)” for “1682(a)(2)” in subpar. (B).
1990—Par. (7). Pub. L. 101–510 added par. (7).
1989—Par. (5). Pub. L. 101–237 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘Secretary’ means the Secretary of Defense with respect to members of the Armed Forces under the jurisdiction of the Secretary of a military department and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.”
1988—Par. (3)(B). Pub. L. 100–689, § 111(a)(1), substituted “in the case of an individual who is not serving on active duty, includes” for “includes”.
Pub. L. 100–689, § 108(a)(1), inserted cl. (i) designation and added cl. (ii).
1986—Par. (3). Pub. L. 99–576 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘program of education’ has the meaning given such term in section 1652(b) of this title.”
Effective Date Of Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by Pub. L. 103–337 effective
Pub. L. 101–510, div. A, title V, § 563(b),
Pub. L. 100–689, title I, § 108(c),
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(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
Pub. L. 104–275, title I, § 107(b),