ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

38 U.S.C. § 3002 — Definitions

submitted 42 years ago by Pub. L. 98-525 to r/title-38-VETERANS-BENEFITS · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines educational-assistance terms used in this chapter, including education programs, the Selected Reserve, active duty, and emergency situations.

(a) Definitions. (1) “Basic educational assistance” means assistance under subchapter II. (2) “Supplemental educational assistance” means assistance under subchapter III. (3) “Program of education” has the meaning in section 3452(b), and includes preparatory courses for tests required or used for admission to a higher-education institution or graduate school. For a person not on active duty, it also includes a full-time program of apprenticeship or of other on-the-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title and a cooperative program as defined in section 3482(a)(2). (4) “Selected Reserve” means the Selected Reserve of the Ready Reserve of any Armed Forces reserve component, including the Army and Air National Guards, as required to be maintained under section 10143(a) of title 10. (5) “Secretary of Defense” means that Secretary, except that for the Coast Guard when it is not operating as a Navy service, it means the Secretary of Homeland Security. (6) “Active duty” does not include time when a person was assigned full time to a civilian institution for substantially the same course civilians take; served as a service-academy cadet or midshipman; or served under section 12103(d) of title 10 as an Army or Air National Guard member or as a Reserve member of the listed reserve components. (7) “Active duty” includes full-time National Guard duty first performed after June 30, 1985, by an Army or Air National Guard member in State National Guard status to organize, administer, recruit, instruct, or train the Guard. (8) “Educational institution” has the meaning in section 3452(c). (9) “Emergency situation” has the meaning in section 3601.

the actual law source: uscode.house.gov ↗public domain

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.

(9)

The term “emergency situation” has the meaning given such term in section 3601 of this title.

Source credit: (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402; amended Pub. L. 99–576, title III, § 301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100–689, title I, §§ 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 101–237, title IV, § 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–510, div. A, title V, § 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered § 3002 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–337, div. A, title XVI, § 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 103–446, title VI, § 603(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104–275, title I, § 107(a), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106–117, title VII, § 701, Nov. 30, 1999, 113 Stat. 1582; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, § 515(e)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 117–333, § 3(e)(2), Jan. 5, 2023, 136 Stat. 6127.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-525 · 98 Stat. 2554
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3267
  • 1988Amended · Pub. L. 100-689 · 102 Stat. 4169, 4170
  • 1989Amended · Pub. L. 101-237 · 103 Stat. 2092
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1575
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 406
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 3020
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4671
  • 1996Amended · Pub. L. 104-275 · 110 Stat. 3329
  • 1999Amended · Pub. L. 106-117 · 113 Stat. 1582
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2315
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3236
  • 2023Amended · Pub. L. 117-333 · 136 Stat. 6127

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case