r/title-38-VETERANS-BENEFITS wiki — defined terms
The statute’s own glossary: every term Title 38 defines, in section order.
“permanent housing” applies in that section
The term “permanent housing” means community-based housing without a designated length of stay.;
“private nonprofit organization” applies in that section
The term “private nonprofit organization” means any of the following: (A) Any incorporated private institution or foundation— (i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; and (iii) which is approved by the Secretary as to financial responsibility. (B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).
“very low-income veteran family” applies in that section
the term “very low-income veteran family” means a veteran family whose income does not exceed 50 percent of the median income for an area specified by the Secretary for purposes of this section, as determined by the Secretary in accordance with this paragraph. (B) The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size.
“veteran family” applies in that section
The term “veteran family” includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.
“rehabilitation program” applies in that section
the term “rehabilitation program” has the meaning given such term in section 3101 of this title .
“covered cemetery” applies in that section
The term “covered cemetery” means any of the following: (A) A national cemetery. (B) A veterans’ cemetery of a State for which the Department has provided a grant under section 2408 of this title . (C) A veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization for which the Department has provided a grant under subsection (f) of such section.
“eligible dependent child” applies in that section
the term “eligible dependent child” means a child— (A) who is under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution; or (B) who is unmarried and became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a course of instruction at an approved educational institution.
“medal of honor recipient” applies in that section
the term “medal of honor recipient” means an individual who is awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 2732 of title 14 . (e) (1) (A) The Secretary of Veterans Affairs may provide an outer burial receptacle for each new grave in an open cemetery under the control of the National Cemetery Administration, or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title , in which remains are interred in a casket. (B) The Secretary of the Army may provide an outer burial receptacle for such a grave in the Arlington National Cemetery.
“surviving spouse” applies in that section
The term “surviving spouse” includes a surviving spouse who had a subsequent remarriage. (5) For purposes of this section,
“tribal organization” applies in that section
the term “tribal organization” has the meaning given such term in section 3765 of this title .
“veteran” applies in that section
The term “veteran” includes an individual who dies in the active military, naval, air, or space service.;
“covered veterans’ cemetery” applies in that section
the term “covered veterans’ cemetery” means a veterans’ cemetery— (1) in which a deceased veteran described in subsection (b) is eligible to be buried; (2) that— (A) is owned by a State; or (B) is on trust land owned by, or held in trust for, a tribal organization; and (3) for which the Secretary has made a grant under section 2408 of this title .
“hostile casualty” applies throughout its chapter
The term “hostile casualty” means a person who, as a member of the Armed Forces, dies as the direct result of hostile action with the enemy, while in combat, while going to or returning from a combat mission if the cause of death was directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat, and includes a person killed mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force, but does not include a person who dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the person was in an absent-without-leave, …
“parent” applies throughout its chapter
The term “parent” means a biological father or a biological mother or, in the case of adoption, a father through adoption or a mother through adoption.;
“training-related injury” applies throughout its chapter
The term “training-related injury” means an injury incurred by a member of the Armed Forces while performing authorized training activities in preparation for a combat mission.
“Fallen Soldier Display” applies in that section
the term “Fallen Soldier Display” means a memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.
“green burial section” applies in that section
the term “green burial section” means a section of a cemetery in which the remains of individuals interred in that section— (A) have been prepared for interment in a manner that does not involve chemicals or embalming fluids; and (B) have been interred in a natural manner or in completely biodegradable burial receptacles.
“tribal organization” applies in that section
The term “tribal organization” has the meaning given that term in section 3765(4) of this title .;
“trust land” applies in that section
The term “trust land” has the meaning given that term in section 3765(1) of this title .
“appropriate Federal official” applies in that section
The term “appropriate Federal official” means— (A) the Secretary, in the case of the National Cemetery Administration; and (B) the Secretary of the Army, in the case of Arlington National Cemetery.
“Federal capital crime” applies in that section
The term “Federal capital crime” means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.;
“State capital crime” applies in that section
The term “State capital crime” means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.;
“demonstration” applies in that section
the term “demonstration” includes— (A) any picketing or similar conduct; (B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony; (C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and (D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and;
“immediate family” applies in that section
the term “immediate family” means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18 .
“active duty” applies throughout its chapter
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.;
“basic educational assistance” applies throughout its chapter
The term “basic educational assistance” means educational assistance provided under subchapter II of this chapter.;
“educational institution” applies throughout its chapter
The term “educational institution” has the meaning given such term in section 3452(c) of this title .;
“emergency situation” applies throughout its chapter
The term “emergency situation” has the meaning given such term in section 3601 of this title .
“program of education” applies throughout its chapter
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 ).;
“Secretary of Defense” applies throughout its chapter
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.
“Selected Reserve” applies throughout its chapter
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 .;
“supplemental educational assistance” applies throughout its chapter
The term “supplemental educational assistance” means educational assistance provided under subchapter III of this chapter.;
“Secretary concerned” applies in that section
the term “Secretary concerned” means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with respect to matters concerning the Air Force or the Space Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.
“established charge” applies in that section
the term “established charge” means the lesser of— (i) the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or (ii) the actual charge to the individual for such course or courses. (2) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution.
“emergency situation” applies throughout its chapter
The term “emergency situation” has the meaning given such term in section 3601 of this title .;
“employment handicap” applies throughout its chapter
The term “employment handicap” means an impairment, resulting in substantial part from a disability described in section 3102(1)(A) of this title , of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.;
“independence in daily living” applies throughout its chapter
The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community.;
“program of education” applies throughout its chapter
The term “program of education” has the meaning provided in section 3452(b) of this title .;
“program of independent living services and assistance” applies throughout its chapter
The term “program of independent living services and assistance” includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran.;
“rehabilitated to the point of employability” applies throughout its chapter
The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.;
“rehabilitation program” applies throughout its chapter
The term “rehabilitation program” means (A) a vocational rehabilitation program, or (B) a program of independent living services and assistance authorized under section 3120 of this title for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible.;
“serious employment handicap” applies throughout its chapter
The term “serious employment handicap” means a significant impairment, resulting in substantial part from a service-connected disability rated at 10 percent or more, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.;
“vocational goal” applies throughout its chapter
The term “vocational goal” means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests.;
“vocational rehabilitation program” applies throughout its chapter
The term “vocational rehabilitation program” includes— (A) the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Secretary to be needed— (i) in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reasonably feasible, (I) to determine whether a vocational goal is reasonably feasible, (II) to improve such veteran’s potential to participate in a program of services designed to achieve a vocational goal, …
“Post-9/11 Global Operations period” applies in that section
the term “Post-9/11 Global Operations period” means the period of the Persian Gulf War beginning on September 11, 2001 , and ending on the date thereafter prescribed by Presidential proclamation or by law. (e) (1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of a subsistence allowance and other assistance described in paragraph (2) shall not— (A) be charged against any entitlement of any veteran under this chapter; or (B) be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of allowance or assistance.
“federally recognized Indian tribe” applies in that section
the term “federally recognized Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“educational institution” applies throughout its chapter
The term “educational institution” has the meaning given such term in section 3452(c) of this title .;
“eligible veteran” applies throughout its chapter
The term “eligible veteran” means any veteran who is not eligible for educational assistance under chapter 34 of this title and who (i) entered military service on or after January 1, 1977 , and before July 1, 1985 , served on active duty for a period of more than 180 days commencing on or after January 1, 1977 , and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after January 1, 1977 , and before July 1, 1985 , and was discharged or released from active duty after January 1, 1977 , for a service-connected disability.
“program of education” applies throughout its chapter
The term “program of education”— (A) has the meaning given such term in section 3452(b) of this title , and (B) includes (i) a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title , and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in section 3482(a)(2) of this title ). (3) The term “participant” is a person who is participating in the educational benefits program established under this chapter.;
“training establishment” applies throughout its chapter
The term “training establishment” has the meaning given such term in section 3452(e) of this title .
“active duty” applies throughout its chapter
The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)): (A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A). (B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 of title 14.
“emergency situation” applies throughout its chapter
The term “emergency situation” has the meaning given such term in section 3601 of this title .;
“entry level and skill training” applies throughout its chapter
The term “entry level and skill training” means the following: (A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training. (B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School). (C) In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training. (D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training). (E) In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called “A” School).;
“program of education” applies throughout its chapter
The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313.;
“Secretary of Defense” applies throughout its chapter
The term “Secretary of Defense” means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.
“child” applies in that section
the term “child” includes a married individual or an individual who is above the age of twenty-three years.
“covered preparatory course” applies in that section
the term “covered preparatory course” means a course— (1) for a licensing or certification test that is required or used to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; and (2) that has been approved by the State approving agency concerned.
“eligible dependent” applies in that section
the term “eligible dependent” has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of section 1072(2) of title 10 . (d) Limitation on Months of Transfer .— The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
“covered clinical training program” applies in that section
the term “covered clinical training program” means any clinical training required by a health care professional to be licensed to practice in a State or locality.
“dependent” applies throughout its chapter
The term “dependent” means— (1) a child of an eligible veteran; (2) a dependent parent of an eligible veteran; and (3) the spouse of an eligible veteran.;
“educational institution” applies throughout its chapter
The term “educational institution” means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers’ college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults. Such term includes any entity that provides training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary).
“eligible veteran” applies throughout its chapter
The term “eligible veteran” means any veteran who— (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955 , and before January 1, 1977 , and was discharged or released therefrom under conditions other than dishonorable; (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977 , and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977 , and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or …
“institution of higher learning” applies throughout its chapter
The term “institution of higher learning” means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency.
“program of education” applies throughout its chapter
The term “program of education” means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit courses or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field.
“qualified provider of entrepreneurship courses” applies in that section
The term “qualified provider of entrepreneurship courses” means any small business development center described in section 21 of the Small Business Act ( 15 U.S.C. 648 ), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).
“standard college degree” applies throughout its chapter
The term “standard college degree” means an associate or higher degree awarded by (1) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (2) an institution of higher learning that is a “candidate” for accreditation as that term is used by the regional or national accrediting agencies; or (3) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Secretary of Education under the provisions of section 3675 of this title .
“training establishment” applies throughout its chapter
The term “training establishment” means any of the following: (1) An establishment providing apprentice or other on-job training, including those under the supervision of a college or university or any State department of education. (2) An establishment providing self-employment on-job training consisting of full-time training for a period of less than six months that is needed or accepted for purposes of obtaining licensure to engage in a self-employment occupation or required for ownership and operation of a franchise that is the objective of the training. (3) A State board of vocational education. (4) A Federal or State apprenticeship registration agency.
“applicable hourly minimum wages” applies in that section
the term “applicable hourly minimum wages” means— (A) the hourly minimum wage under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); or (B) the hourly minimum wage under comparable law of the State in which the services are to be performed, if such wage is higher than the wage referred to in subparagraph (A) and the Secretary has made a determination to pay such higher wage.
“covered work-study activities” applies in that section
The term “covered work-study activities” means qualifying work-study activities described in subparagraphs (A), (B), (H), (I), or (J) of paragraph (5) for which an individual is paid a work-study allowance.;
“emergency situation” applies in that section
The term “emergency situation” has the meaning given that term in section 3601 of this title .
“participating educational institution” applies in that section
The term “participating educational institution” means an educational institution that— (I) (aa) during the five-academic-year period occurring before an academic year during which the Secretary carries out this paragraph, the educational institution had on average more than 10 individuals per academic year participating in a covered work-study activity under this section; or (bb) the educational institution is not described by item (aa) but informs the Secretary that the institution expects to have more than 10 individuals in the following academic year participating in a covered work-study activity under this section; and (II) voluntarily chooses to be a participating educational …
“qualifying work-study activity” applies in that section
the term “qualifying work-study activity” means any of the following: (A) The outreach services program under chapter 63 of this title as carried out under the supervision of a Department employee or, during the period preceding June 30, 2013 , or any time on or after June 30, 2017 , outreach services to servicemembers and veterans furnished by employees of a State approving agency. (B) The preparation and processing of necessary papers and other documents at educational institutions or regional offices or facilities of the Department.
“child” applies throughout its chapter
The term “child” includes individuals who are married and individuals who are above the age of twenty-three years. (3) The term “duty with the Armed Forces” as used in section 3512 of this title means (A) active duty, (B) active duty for training for a period of six or more consecutive months, or (C) active duty for training required by section 12103(d) of title 10 .;
“educational institution” applies throughout its chapter
The term “educational institution” means any public or private secondary school, vocational school, correspondence school, business school, junior college, teachers’ college, college, normal school, professional school, university, or scientific or technical institution, or any other institution if it furnishes education at the secondary school level or above.
“eligible person” applies throughout its chapter
The term “eligible person” means any of the following: (A) A child of a person who, as a result of qualifying service— (i) died of a service-connected disability; or (ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence. (B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.
“guardian” applies throughout its chapter
The term “guardian” includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Secretary under section 5502 of this title to receive payment of benefits for the use and benefit of the eligible person.;
“institution of higher learning” applies throughout its chapter
The term “institution of higher learning” means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency.
“program of education” applies throughout its chapter
The term “program of education” means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill the requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also includes any preparatory course described in section 3002(3)(B) of this title .
“qualifying service” applies in that section
The term “qualifying service” means service in the active military, naval, air, or space service after the beginning of the Spanish-American War that did not terminate under dishonorable conditions. (b) If an eligible person has attained the person’s majority and is under no known legal disability, all references in this chapter to “parent or guardian” shall refer to the eligible person.
“special restorative training” applies throughout its chapter
The term “special restorative training” means training furnished under subchapter V of this chapter.;
“standard college degree” applies throughout its chapter
The term “standard college degree” means an associate or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (B) an institution of higher learning that is a “candidate” for accreditation as that term is used by the regional or national accrediting agencies; or (C) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Secretary of Education under the provisions of section 3675 of this title .
“total disability permanent in nature” applies throughout its chapter
The term “total disability permanent in nature” means any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person.;
“training establishment” applies throughout its chapter
The term “training establishment” means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to the Act of August 16, 1937 , popularly known as the “National Apprenticeship Act” ( 29 U.S.C. 50 et seq.), or any agency of the Federal Government authorized to supervise such training.;
“Commonwealth Army veterans” applies in that section
The term “Commonwealth Army veterans” means persons who served before July 1, 1946 , in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the President dated July 26, 1941 , including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable.;
“‘New’ Philippine Scouts” applies in that section
The term “ ‘New’ Philippine Scouts” means Philippine Scouts who served under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable.
“emergency situation” applies throughout its chapter
the term “emergency situation” means a situation that— (1) the President declares is an emergency; and (2) the Secretary determines is an emergency for purposes of the laws administered by the Secretary.
“covered reason” applies in that section
the term “covered reason” means any reason related to an emergency situation, including— (1) illness, quarantine, or social distancing requirements; (2) issues associated with accessibility; (3) access or availability of childcare; (4) providing care for a family member or cohabitants; (5) change of location or residence due to the emergency situation or associated school closures; (6) employment changes or financial hardship; and (7) issues associated with changes in format or medium of instruction.
“multi-State apprenticeship program” applies in that section
the term “multi-State apprenticeship program” means a non-Federal apprenticeship program operating in more than one State that meets the minimum national program standards, as developed by the Department of Labor. (2) The period of a program of apprenticeship may be determined based upon a specific period of time (commonly referred to as a “time-based program”), based upon the demonstration of successful mastery of skills (commonly referred to as a “competency-based program”), or based upon a combination thereof.
“risk-based survey” applies in that section
the term “risk-based survey” means the risk-based survey developed under section 3673A of this title . (f) Outreach Activities .— (1) A State approving agency may conduct outreach activities if— (A) the State approving agency has properly conducted its enforcement and approval of courses and programs of education under this chapter; and (B) funds are still available to do so.
“entrepreneurship course” applies in that section
the term “entrepreneurship course” means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to— (A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and (B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.
“covered individual” applies in that section
the term “covered individual” means an individual who is pursuing a course of education at an educational institution under chapter 30, 31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10.
“risk-based survey” applies in that section
the term “risk-based survey” means a risk-based survey developed under section 3673A(a) of this title . (b) Each State approving agency shall notify the Secretary of each course which it has disapproved under this section. The Secretary shall notify the State approving agency of the Secretary’s disapproval of any educational institution under chapter 31 of this title.
“covered study-abroad course” applies in that section
the term “covered study-abroad course” means a course that— (i) is provided as a part of a program of education offered by an educational institution under a contract or other written agreement by another educational institution that offers a course that is approved under this chapter; (ii) is provided at a location in a foreign country; and (iii) has not been approved under this chapter.
“in-demand industry sector or occupation” applies in that section
the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).
“industry or sector partnership” applies in that section
the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).
“recognized postsecondary credential” applies in that section
the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).
“State or local area” applies in that section
the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).
“covered officer or employee of the Department” applies in that section
the term “covered officer or employee of the Department” means an officer or employee of the Department who— (A) works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or (B) has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary.
“matching program” applies in that section
the term “matching program” has the same meaning provided in section 552a(a)(8) of title 5 .
“fails to complete 120 hours of training” applies in that section
The term “fails to complete 120 hours of training” means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month. (3) In this section,
“individual” applies in that section
the term “individual” means— (A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title , or (B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title , as the case may be.
“unemployed” applies in that section
The term “unemployed” includes being furloughed or being scheduled to work zero hours.;
“covered education” applies in that section
The term “covered education” means a course of education— (A) at an institution of higher education; and (B) paid for with educational assistance furnished under a law administered by the Secretary.;
“covered member” applies in that section
The term “covered member” means a member of the Armed Forces (including the reserve components) enrolled in covered education.;
“covered service” applies in that section
The term “covered service” means— (A) active service or inactive-duty training, as such terms are defined in section 101 of title 10 ; or (B) State active duty, as defined in section 4303 of this title .;
“institution concerned” applies in that section
The term “institution concerned” means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.;
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).;
“period of covered service” applies in that section
The term “period of covered service” means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.
“approved third-party auditor” applies in that section
The term “approved third-party auditor” means an independent third-party auditor that is approved by the Secretary for purposes of third-party audits under this section.;
“misleading statement” applies in that section
The term “misleading statement” includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made. Such term includes the use of student endorsements or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program of education.;
“misrepresentation” applies in that section
The term “misrepresentation” means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services.;
“risk-based survey” applies in that section
The term “risk-based survey” means the risk-based survey developed under section 3673A of this title .
“substantial misrepresentation” applies in that section
The term “substantial misrepresentation” means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment. (c) Limitation on Certain Commissions, Bonuses, and Other Incentive Payments .— (1) An educational institution with a course or program of education approved under this chapter, and an entity that owns such an educational institution, shall not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding …
“individual” applies in that section
the term “individual” means an individual who— (1) is eligible for educational assistance under chapter 30, 31, 32, or 33 of this title or chapter 106 or 107 of title 10; (2) was discharged or released from active duty under conditions other than dishonorable if not more than one year has elapsed since the date of such last discharge or release from active duty; or (3) is serving on active duty in any State with the Armed Forces and is within 180 days of the estimated date of such individual’s discharge or release from active duty under conditions other than dishonorable, including those who are making a determination of whether to continue as members of the Armed Forces.
“College Navigator website” applies in that section
The term “College Navigator website” has the meaning given that term in section 132 of the Higher Education Act 2 ( 20 U.S.C. 1015a ).;
“institution of higher learning” applies in that section
The term “institution of higher learning” has the meaning given that term in section 3452(f) of this title .;
“minority serving institution” applies in that section
The term “minority serving institution” means any of the following: (A) A part B institution, as such term is defined in section 322(2) of the Higher Education Act 2 ( 20 U.S.C. 1061(2) ). (B) A Hispanic-serving institution, as such term is defined in section 502(a)(5) of such Act ( 20 U.S.C. 1101a(5) ). (C) A Tribal College or University, as such term is defined in section 316(b)(3) of such Act ( 20 U.S.C. 1059c(b)(3) ). (D) A predominantly Black institution, as such term is defined in section 318(b)(6) of such Act ( 20 U.S.C. 1059e(b)(6) ). (E) A Native American-serving, nontribal institution, as such term is defined in section 319(b)(2) of such Act ( 20 U.S.C. 1059f(b)(6) ).
“postsecondary education and training opportunities” applies in that section
The term “postsecondary education and training opportunities” means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.;
“covered educational assistance” applies in that section
the term “covered educational assistance” means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title .
“risk-based survey” applies in that section
the term “risk-based survey” means the risk-based survey developed under section 3673A of this title .
“covered individual” applies in that section
The term “covered individual” means any of the following: (A) A veteran whom the Secretary determines— (i) served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training) and was discharged or released therefrom under conditions other than dishonorable; and (ii) has not attained the age of 62. (B) A member of the Armed Forces that the Secretary determines will become a veteran described in subparagraph (A) fewer than 180 days after the date of such determination.;
“high technology program of education” applies in that section
The term “high technology program of education” means a program of education— (A) offered by a public or private educational institution; (B) if offered by an institution of higher learning, that is provided directly by such institution rather than by an entity other than such institution under a contract or other agreement; (C) that does not lead to a degree; (D) that has a term of not less than six and not more than 28 weeks; and (E) that provides instruction in computer programming, computer software, media application, data processing, or information sciences.
“housing loan” applies throughout its 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.;
“Selected Reserve” applies throughout its chapter
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 .
“veteran” applies throughout its chapter
The term “veteran” includes the surviving spouse of any veteran (including a person who died in the active military, naval, air, or space 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.
“covered veteran” applies in that section
The term “covered veteran” means a veteran who has previously used entitlement under this chapter and for whom the full amount of entitlement so used has not been restored as a result of the exclusion in section 3702(b) of this title .;
“Freddie Mac conforming loan limit” applies in that section
The term “Freddie Mac conforming loan limit” means the limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) for a single-family residence, as adjusted for the year involved.
“combined solar heating and cooling” applies in that section
The terms “solar heating and cooling” and “combined solar heating and cooling” have the meaning given such terms in section 3(2) of the Solar Heating and Cooling Demonstration Act of 1974 ( 42 U.S.C. 5502(2) ) and, in addition, include a passive system based on conductive, convective, or radiant energy transfer.;
“cooperative housing corporation” applies in that section
the term “cooperative housing corporation” has the meaning given such term in section 216(b)(1) of the Internal Revenue Code of 1986. (3) When applying the term “value of the property” to a loan guaranteed under subsection (a)(12), such term means the appraised value of the stock or membership entitling the purchaser to the permanent occupancy of the dwelling unit in the development, project, or structure of the cooperative housing corporation.
“energy efficiency improvement” applies in that section
The term “energy efficiency improvement” includes a solar heating system, a solar heating and cooling system, or a combined solar heating and cooling system, and the application of a residential energy conservation measure.;
“passive system” applies in that section
The term “passive system” includes window and skylight glazing, thermal floors, walls, and roofs, movable insulation panels (when in conjunction with glazing), portions of a residential structure that serve as solar furnaces so as to add heat to the structure, double-pane window insulation, and such other energy-related components as are determined by the Secretary to enhance the natural transfer of energy for the purpose of heating or heating and cooling a residence.;
“residential energy conservation measure” applies in that section
The term “residential energy conservation measure” means— (i) caulking and weatherstripping of all exterior doors and windows; (ii) furnace efficiency modifications limited to— (I) replacement burners, boilers, or furnaces designed to reduce the firing rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency, (II) devices for modifying flue openings which will increase the efficiency of the heating system, and (III) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (iii) clock thermostats; (iv) ceiling, attic, wall, and floor insulation; (v) water heater insulation; (vi) storm windows and doors; …
“solar heating” applies in that section
The term “solar heating” has the meaning given such term in section 3(1) of the Solar Heating and Cooling Demonstration Act of 1974 ( 42 U.S.C. 5502(1) ) and, in addition, includes a passive system based on conductive, convective, or radiant energy transfer.;
“solar heating and cooling” applies in that section
The terms “solar heating and cooling” and “combined solar heating and cooling” have the meaning given such terms in section 3(2) of the Solar Heating and Cooling Demonstration Act of 1974 ( 42 U.S.C. 5502(2) ) and, in addition, include a passive system based on conductive, convective, or radiant energy transfer.;
“0-down” applies in that section
The term “0-down” means a downpayment, if any, of less than 5 percent of the total purchase price or construction cost of the dwelling.;
“10-down” applies in that section
The term “10-down” means a downpayment of 10 percent or more of the total purchase price or construction cost of the dwelling. (c) Waiver of Fee .— (1) A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for the receipt of retirement pay or active service pay, would be entitled to receive compensation), from a surviving spouse of any veteran (including a person who died in the active military, naval, air, or space service) who died from a service-connected disability, or from a member of the Armed Forces who is serving on active duty and who provides, on or before the date of loan closing, evidence of having been awarded the Purple Heart.
“5-down” applies in that section
The term “5-down” means a downpayment of at least 5 percent or more, but less than 10 percent, of the total purchase price or construction cost of the dwelling.;
“active duty veteran” applies in that section
The term “active duty veteran” means any veteran eligible for the benefits of this chapter other than a Reservist.;
“initial loan” applies in that section
The term “initial loan” means a loan to a veteran guaranteed under section 3710 or made under section 3711 of this title if the veteran has never obtained a loan guaranteed under section 3710 or made under section 3711 of this title . (ii) If a veteran has obtained a loan guaranteed under section 3710 or made under section 3711 of this title and the dwelling securing such loan was substantially damaged or destroyed by a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C.
“interest rate reduction refinancing loan” applies in that section
The term “interest rate reduction refinancing loan” means a loan described in section 3710(a)(8), 3710(a)(9)(B)(i), 3710(a)(11), 3712(a)(1)(F), or 3762(h)(1) of this title.;
“other obligor” applies in that section
The term “other obligor” means a person who is not a veteran, as defined in section 101 of this title or other provision of this chapter. (D);
“Reservist” applies in that section
The term “Reservist” means a veteran described in section 3701(b)(5)(A) of this title who is eligible under section 3702(a)(2)(E) of this title .;
“subsequent loan” applies in that section
The term “subsequent loan” means a loan to a veteran, other than an interest rate reduction refinancing loan, guaranteed under section 3710 or made under section 3711 of this title that is not an initial loan.;
“defaulted loan” applies in that section
The term “defaulted loan” means a loan that is guaranteed under this chapter, that was made for a purpose described in section 3710(a) of this title , and that is in default.;
“liquidation sale” applies in that section
The term “liquidation sale” means a judicial sale or other disposition of real property to liquidate a defaulted loan that is secured by such property. (C) The term “net value”, with respect to real property, means the amount equal to (i) the fair market value of the property, minus (ii) the total of the amounts which the Secretary estimates the Secretary would incur (if the Secretary were to acquire and dispose of the property) for property taxes, assessments, liens, property maintenance, property improvement, administration, resale (including losses sustained on the resale of the property), and other costs resulting from the acquisition and disposition of the property, excluding any …
“disabled veteran” applies throughout its subchapter
The term “disabled veteran” means (A) a veteran who is entitled to compensation under laws administered by the Secretary for a disability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.;
“veteran of the Vietnam era” applies throughout its subchapter
The term “veteran of the Vietnam era” means a person (A) who served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and who was discharged or released therefrom with other than a dishonorable discharge, or (B) who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era.
“community development financial institution” applies throughout its subchapter
The term “community development financial institution” has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ).;
“Indian Tribe” applies throughout its subchapter
The term “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.;
“Native American” applies throughout its subchapter
The term “Native American” means— (A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(d) ); 1 (B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 ( Public Law 67–34 ; 42 Stat. 108 ); (C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) ); and (D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq.).