
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 122(a)]
[Document affected by Public Law 107-103 Section 110(a)]
[Document affected by Public Law 107-14 Section 8(a)(4)]
[Document affected by Public Law 107-103 Section 110(b)]
[CITE: 38USC3452]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
                   SUBCHAPTER I--PURPOSE--DEFINITIONS
 
Sec. 3452. Definitions

    For the purposes of this chapter and chapter 36 of this title--
    (a)(1) 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; or
        (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 released from active duty, any part of 
    which was performed after January 31, 1955, and before January 1, 
    1977, or following entrance into active service from an enlistment 
    provided for under clause (B) of this paragraph, because of a 
    service-connected disability.

    (2) The requirement of discharge or release, prescribed in paragraph 
(1)(A) or (B), shall be waived in the case of any individual who served 
more than one hundred and eighty days in an active-duty status for so 
long as such individual continues on active duty without a break 
therein.
    (3) For purposes of paragraph (1)(A) and section 3461(a), 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 511(d) \1\ 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 unless at some time subsequent to 
the completion of such period of active duty for training such 
individual served on active duty for a consecutive period of one year or 
more (not including any service as a cadet or midshipman at one of the 
service academies).
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    \1\ See References in Text note below.
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    (b) 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. Such 
term also means any unit course or subject, or combination of courses or 
subjects, pursued by an eligible veteran at an educational institution, 
required by the Administrator of the Small Business Administration as a 
condition to obtaining financial assistance under the provisions of 
section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1)).
    (c) 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).
    (d) 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.

    (e) 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 or 
vocational education, or any joint apprenticeship committee, or the 
Bureau of Apprenticeship and Training established pursuant to chapter 4C 
of title 29, or any agency of the Federal Government authorized to 
supervise such training.
    (f) 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. Such term shall also include a hospital offering 
educational programs at the postsecondary level without regard to 
whether the hospital grants a postsecondary degree. Such term shall also 
include an educational institution which is not located in a State, 
which offers a course leading to a standard college degree, or the 
equivalent, and which is recognized as such by the secretary of 
education (or comparable official) of the country or other jurisdiction 
in which the institution is located.
    (g) 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.

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec. 1652; 
amended Pub. L. 90-77, title III, Sec. 304(c), Aug. 31, 1967, 81 Stat. 
186; Pub. L. 91-219, title II, Sec. 201, Mar. 26, 1970, 84 Stat. 78; 
Pub. L. 91-584, Sec. 10, Dec. 24, 1970, 84 Stat. 1577; Pub. L. 93-508, 
title II, Sec. 201, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94-502, title 
II, Secs. 202, 210(1), 211(1), title IV, Sec. 402, Oct. 15, 1976, 90 
Stat. 2385, 2388, 2392; Pub. L. 96-466, title III, Sec. 307(a), title 
VIII, Sec. 801(a), Oct. 17, 1980, 94 Stat. 2193, 2216; Pub. L. 97-295, 
Sec. 4(38), Oct. 12, 1982, 96 Stat. 1307; renumbered Sec. 3452 and 
amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
Pub. L. 103-446, title VI, Sec. 603(a), Nov. 2, 1994, 108 Stat. 4671; 
Pub. L. 104-275, title I, Sec. 102, Oct. 9, 1996, 110 Stat. 3326.)

                       References in Text

    Section 511 of title 10, referred to in subsec. (a)(3)(C), was 
renumbered section 12103 of Title 10, Armed Forces, by Pub. L. 103-337, 
div. A, title XVI, Sec. 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989.


                            Prior Provisions

    Provisions similar to those comprising subsecs. (a) to (d) of this 
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1174, 
1176, which was classified to former sections 1601(a)(2) and 1611(a)(1), 
and 1601(a)(3), (5), and (6) of this title, respectively, prior to 
repeal by section 4(a) of Pub. L. 89-358.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-275 substituted ``Such'' for ``For 
the period ending on September 30, 1996, such''.
    1994--Subsec. (c). Pub. L. 103-446 inserted at end ``For the period 
ending on September 30, 1996, such term includes any entity that 
provides training required for completion of any State-approved 
alternative teacher certification program (as determined by the 
Secretary).''
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1652 of this 
title as this section.
    Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3461(a)'' for ``1661(a)''.
    Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3675'' for 
``1775''.
    1982--Subsec. (b). Pub. L. 97-295 substituted ``section 7(i)(1) of 
the Small Business Act (15 U.S.C. 636(i)(1))'' for ``402(a) of the 
Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))''.
    1980--Pub. L. 96-466, Sec. 801(a)(1), inserted ``and chapter 36 of 
this title'' after ``chapter'' in introductory text.
    Subsec. (e). Pub. L. 96-466, Sec. 801(a)(2), substituted ``The'' for 
``For the purposes of this chapter and chapter 36 of this title, the''.
    Subsec. (f). Pub. L. 96-466, Secs. 307(a), 801(a)(2), substituted 
``The'' for ``For the purposes of this chapter and chapter 36 of this 
title, the'' and inserted provision including within ``institution of 
higher learning'' an educational institution which is not located in a 
State, which offers a course leading to a standard college degree, or 
the equivalent, and which is recognized as such by the secretary of 
education (or comparable official) of the country or other jurisdiction 
in which the institution is located.
    Subsec. (g). Pub. L. 96-466, Sec. 801(a)(2), (3), substituted 
``The'' for ``For the purposes of this chapter and chapter 36 of this 
title, the'' and ``Secretary of Education'' for ``Commissioner of 
Education''.
    1976--Subsec. (a)(1). Pub. L. 94-502, Sec. 402(1), restricted the 
definition of an eligible veteran to a veteran who commenced his active 
duty requirement after Jan. 31, 1955 but before Jan. 1, 1977, with the 
exception of a veteran who enlisted or was assigned to a reserve 
component before Jan. 1, 1977 and commenced his active duty requirement 
within 12 months following Jan. 1, 1977.
    Subsec. (a)(2). Pub. L. 94-502, Secs. 211(1), 402(2), substituted 
``such individual'' for ``he'' and inserted ``or (B)'' after ``paragraph 
(1)(A)''.
    Subsec. (d)(3). Pub. L. 94-502, Sec. 211(1), substituted ``spouse'' 
for ``wife''.
    Subsec. (e). Pub. L. 94-502, Sec. 210(1), struck out ``United States 
Code,'' after ``chapter 4C of title 29,''.
    Subsecs. (f), (g). Pub. L. 94-502, Sec. 202, added subsecs. (f) and 
(g).
    1974--Subsec. (a)(3). Pub. L. 93-508 substituted ``Coast Guard 
Reserve unless at some time subsequent to the completion of such period 
of active duty for training such individual served on active duty for a 
consecutive period of one year or more (not including any service as a 
cadet or midshipman at one of the service academies)'' for ``Coast Guard 
Reserve''.
    1970--Subsec. (a)(2). Pub. L. 91-584, Sec. 10(1), substituted ``more 
than one hundred eighty days'' for ``at least two years''.
    Subsec. (b). Pub. L. 91-584, Sec. 10(2), expanded the definition of 
``program of education'' to include unit course or subject, or 
combination of courses or subjects, pursued by eligible veterans at an 
educational institution, required by the Administrator of the Small 
Business Administration as a condition to obtaining financial assistance 
under section 2902(a) of title 42.
    Pub. L. 91-219, Sec. 201(a), provided that a program of education 
may include more than one predetermined and identified educational, 
professional, or vocational objective if all the objectives pursued are 
generally recognized as being reasonably related to single career field.
    Subsec. (c). Pub. L. 91-219, Sec. 201(b), included within the term 
``educational institution'' any public or private ``elementary'' school, 
and substituted ``other institution furnishing education for adults'', 
for ``any other institution if it furnishes education at the secondary 
school level or above''.
    1967--Subsec. (e). Pub. L. 90-77 added subsec. (e).


                    Effective Date of 1980 Amendment

    Section 802(c) of Pub. L. 96-466 provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
title III [see Tables for classification] shall become effective on 
October 1, 1980.
    ``(2) Paragraph (2) of section 1691(a) [probably means 1691(b), now 
3491(b)] of title 38, United States Code, as added by section 311(2), 
shall not apply to any person receiving educational assistance under 
chapter 34 of title 38, United States Code, on October 1, 1980, for the 
pursuit of a program of education, as defined in section 1652(b) [now 
3452(b)] of such title, in which such person is enrolled on that date, 
for as long as such person continuously thereafter is so enrolled and 
meets the requirements of eligibility for such assistance for pursuit of 
such program.''
    Section 802(h) of Pub. L. 96-466 provided that: ``Section 801 [see 
Tables for classification] shall become effective on October 1, 1980.''


                    Effective Date of 1976 Amendment

    Amendment by sections 202, 210(1), and 211(1) of Pub. L. 94-502 
effective Oct. 15, 1976, see section 703(b) of Pub. L. 94-502, set out 
as an Effective Date note under section 3693 of this title.
    Amendment by section 402 of Pub. L. 94-502 effective Jan. 1, 1977, 
see section 406 of Pub. L. 94-502, set out as an Effective Date note 
under section 3201 of this title.


                    Effective Date of 1974 Amendment

    Section 503 of Pub. L. 93-508 provided that: ``Titles II and IV of 
this Act [see Tables for classification] shall become effective on the 
date of their enactment [Dec. 3, 1974].''


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first calendar 
month which begins more than ten days after Aug. 31, 1967, see section 
405 of Pub. L. 90-77, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1524, 3002, 3031, 3101, 
3202, 3461, 3672, 3686, 3687 of this title; title 20 section 1070d.
