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38 U.S.C. § 3301 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3301 — Definitions

In this chapter: (1) 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 11 See References in Text note below. of title 14. (C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. (2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim). (3) 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 th

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Stable record: federal_law:legal_authorities:record_usc_061cd67669c3477f7b117359
Source file: Laws/federal/codes/united-states-code/title-38/section-3301-definitions--c16324d0c2.md
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Source location: Title 38, Chapter 33, § 3301; chapter-033-post-9-11-educational-assistance.md

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In this chapter: (1) 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 11 See References in Text note below. of title 14. (C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. (2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim). (3) 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). (4) The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313. (5) 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3327 — Election to receive educational assistance

**(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.—** An individual may elect to receive educational assistance under this chapter if such individual— (1) as of August 1, 2009— (A) is entitled to basic educational assistance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter; (B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; (C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; (D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; (E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or (F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and (2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. **(b) Cessation of Contributions Toward GI Bill.—** Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deeme

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2007 — Payment of tuition for off-duty training or education

**(a)** Subject to subsections (b) and (c), the Secretary concerned may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such educational institution for education or training during the member’s off-duty periods. **(b)** (1) In the case of a commissioned officer on active duty (other than a member of the Ready Reserve), the Secretary concerned may not pay charges under subsection (a) unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education for which the charges are paid. (2) Notwithstanding paragraph (1), the Secretary concerned may reduce or waive the active duty service obligation— (A) in the case of a commissioned officer who is subject to mandatory separation; (B) in the case of a commissioned officer who has completed the period of active duty service for which the officer was ordered to active duty in support of a contingency operation; or (C) in other exigent circumstances as determined by the Secretary concerned. **(c)** (1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve. (2) Subject to paragraphs (4) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary concerned for purposes of this subsection. (3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5538 — Nonreduction in pay while serving in the uniformed services or National Guard

**(a)** An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under [section 12304b of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which— (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) (2) the amount of pay and allowances which (as determined under subsection (d))— (A) is payable to such employee for that service; and (B) is allocable to such pay period. **(b)** Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and (2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. **(c)** Any amount payable under this section to an employee shall be paid— (1) by such employee’s employing age

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. **(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim). **(c) Written Notification.—** (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member. (2

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3713 — Active duty for emergency augmentation of regular forces

**(a)** Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 ([6 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim))), or transportation security incident as defined in [section 70101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70101&num=0&edition=prelim), the Secretary may, without the consent of the member affected, order to active duty of not more than 120 days in any 2-year period an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit. **(b)** Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days. **(c)** Active duty served under this section— (1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of [section 10147 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10147&num=0&edition=prelim); (2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and (3) entitles a member while engaged therein, or while engaged in authorized travel to or fr

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3601 — Definition of emergency situation

In this 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.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 101 — Establishment of Coast Guard

The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 712 — Contracts with Government-owned establishments for work and material

**(a) In General.—** All orders or contracts for work or material, under authorization of law, placed with Government-owned establishments by the Coast Guard, shall be considered as obligations in the same manner as provided for similar orders or contracts placed with private contractors, and appropriations for such work or material shall remain available for payment therefor as in the case of orders or contracts placed with private contractors. **(b) Orders and Agreements for Industrial Activities.—** Under this section, the Coast Guard industrial activities may accept orders from and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense and the Department of Homeland Security.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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