
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3002]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
                   SUBCHAPTER I--PURPOSES; DEFINITIONS
 
Sec. 3002. Definitions

    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 Transportation 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, Naval 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.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2554, Sec. 1402; amended Pub. L. 99-576, title III, Sec. 301(a), 
Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100-689, title I, 
Secs. 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 
101-237, title IV, Sec. 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. 
L. 101-510, div. A, title V, Sec. 563(a), Nov. 5, 1990, 104 Stat. 1575; 
renumbered Sec. 3002 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 103-337, div. A, title XVI, 
Sec. 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 103-446, title 
VI, Sec. 603(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104-275, title I, 
Sec. 107(a), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106-117, title VII, 
Sec. 701, Nov. 30, 1999, 113 Stat. 1582.)


                            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, Sept. 2, 1958, 72 Stat. 
1225, related to reopening of disallowed claims and to effective date of 
any subsequent awards, prior to repeal by Pub. L. 87-825, Secs. 5(a), 7, 
Oct. 15, 1962, 76 Stat. 950, effective first day of second calendar 
month which begins after Oct. 15, 1962.
    Prior sections 3005 to 3010 were renumbered sections 5105 to 5110 of 
this title, respectively.


                               Amendments

    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 ``June 30, 1985'' for 
``November 29, 1989''.
    1994--Par. (4). Pub. L. 103-337, Sec. 1677(d)(2)(A), substituted 
``section 10143(a) of title 10'' for ``section 268(b) of title 10''.
    Par. (6). Pub. L. 103-337, Sec. 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, Sec. 5(a), renumbered section 1402 of this 
title as this section.
    Par. (3). Pub. L. 102-83, Sec. 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, Sec. 111(a)(1), substituted ``in 
the case of an individual who is not serving on active duty, includes'' 
for ``includes''.
    Pub. L. 100-689, Sec. 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 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.


                    Effective Date of 1990 Amendment

    Section 563(b) of Pub. L. 101-510, as amended by Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: ``The 
amendment made by this section [amending this section] shall apply only 
to individuals who before the date of entry on active duty, as defined 
in section 3002(7) [formerly 1402(7)] of title 38, United States Code 
(as added by subsection (a)), have never served on active duty as 
defined in section 101(21) of that title.''


                    Effective Date of 1988 Amendment

    Section 108(c) of Pub. L. 100-689 provided that: ``The amendments 
made by this section [amending this section and sections 1432, 1602, and 
1631 [now 3032, 3202, and 3231] of this title] shall take effect on 
January 1, 1989.''


               Election of Benefits Under 1996 Amendments

    Section 107(b) of Pub. L. 104-275 provided that:
    ``(1) An individual may only become eligible for benefits under 
chapter 30 of title 38, United States Code, as a result of the amendment 
made by subsection (a) [amending this section] by making an election to 
become entitled to basic educational assistance under such chapter. The 
election may only be made during the nine-month period beginning on the 
date of the enactment of this Act [Oct. 9, 1996] and in the manner 
required by the Secretary of Defense.
    ``(2) In the case of any individual making an election under 
paragraph (1)--
        ``(A) the basic pay of an individual who, while a member of the 
    Armed Forces, makes an election under paragraph (1) shall be reduced 
    (in a manner determined by the Secretary of Defense) until the total 
    amount by which such basic pay is reduced is $1,200; or
        ``(B) to the extent that basic pay is not so reduced before the 
    individual's discharge or release from active duty, the Secretary of 
    Veterans Affairs shall collect from an individual who makes such an 
    election an amount equal to the difference between $1,200 and the 
    total amount of reductions under subparagraph (A), which amount 
    shall be paid into the Treasury as miscellaneous receipts.
    ``(3) In the case of any individual making an election under 
paragraph (1), the 10-year period referred to in section 3031 of such 
title shall begin on the later of--
        ``(A) the date determined under such section 3031; or
        ``(B) the date on which the election under paragraph (1) becomes 
    effective.''

                  Section Referred to in Other Sections

    This section is referred to in section 3011 of this title.
