38 U.S.C. § 3002 — Definitions

Page 646 TITLE 38—VETERANS’ BENEFITS § 3002 ‘‘(1) IN GENERAL.—Except as provided under para- graph (2), the Secretary shall pay to each eligible vet- eran (not including an individual described in the sec- ond sentence of subsection (b)) who is enrolled in a high technology program of education under the pilot program on a full-time or part-time basis a monthly housing stipend equal to the product— ‘‘(A) of— ‘‘(i) in the case of a veteran pursuing resident training, the monthly amount of the basic allow- ance for housing payable under section 403 of title 37, United States Code, for a member with de- pendents in pay grade E–5 residing in the military housing area that encompasses all or the major- ity portion of the ZIP code area in which is lo- cated the campus of the institution where the in- dividual physically participates in a majority of classes; or ‘‘(ii) in the case of a veteran pursuing a pro- gram of education through distance learning, a monthly amount equal to 50 percent of the na- tional average of the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E–5, multiplied by ‘‘(B) the lesser of— ‘‘(i) 1.0; or ‘‘(ii) the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10. ‘‘(2) BAR TO DUAL ELIGIBILITY.—No covered indi- vidual may receive a housing stipend under this sub- section for any month if such individual is in receipt of a housing stipend under chapter 33 of title 38, United States Code, for that month. ‘‘(e) HIGH TECHNOLOGY PROGRAM OF EDUCATION DE- FINED.—In this section, the term ‘high technology pro- gram of education’ means a program of education that— ‘‘(1) is offered by an entity other than an institu- tion of higher learning; ‘‘(2) does not lead to a degree; and ‘‘(3) provides instruction in computer programming, computer software, media application, data proc- essing, or information sciences. ‘‘(f) REPORTS.— ‘‘(1) SECRETARY OF VETERANS AFFAIRS.—Not later than 1 year after the date of the enactment of this Act [Aug. 16, 2017], and annually thereafter, the Sec- retary shall submit to Congress a report on the pilot program under this section. ‘‘(2) COMPTROLLER GENERAL.— ‘‘(A) INTERIM REPORT.—Not later than 3 years after the date on which the Secretary first enters into a contract under this section, the Comptroller General of the United States shall submit to Con- gress a report containing the results of the interim assessment of the Comptroller General. Such report shall include the recommendations of the Comp- troller General for improving the pilot program and an assessment of each of the following: ‘‘(i) The technology experience of the directors and instructors of the providers of high tech- nology programs of education under the pilot pro- gram. ‘‘(ii) Whether the providers cooperated with the technology industry to create the curriculum for the program of education. ‘‘(iii) Whether the providers use an open source curriculum for the program of education. ‘‘(iv) The admittance rate into the pilot pro- gram. ‘‘(v) The job placement and retention rate for veterans who completed a program of education under the pilot program in the field of study of the program. ‘‘(vi) The percentage of veterans who completed a program of education under the pilot program who were subsequently employed for a period of 6 months or longer in a field of study of the pro- gram. ‘‘(vii) The percentage of veterans who com- pleted a program of education under the pilot pro- gram who were subsequently employed for a pe- riod of less than 6 months in a field of study of the program. ‘‘(viii) The median annual salary of veterans who completed a program of education under the pilot program and were subsequently employed. ‘‘(ix) As applicable, the transfer rates to other academic or vocational programs and certifi- cations and licensure exam passage rates. ‘‘(x) The average age of veterans who partici- pated in the pilot program. ‘‘(B) FINAL REPORT.—Not later than 5 years after the date on which the Secretary first enters into a contract under this section, the Comptroller Gen- eral shall submit to Congress a final report on the pilot program. Such report shall include the rec- ommendation of the Comptroller General with re- spect to whether the program should be extended and an assessment of each item described in clauses (i) through (x) of subparagraph (A). ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds shall be made available to carry out the pilot program under this section from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits, in the following amounts for a fiscal year in which the Secretary carries out the pilot program: ‘‘(1) For fiscal year 2019, $15,000,000. ‘‘(2) For fiscal year 2020, $15,000,000. ‘‘(3) For fiscal year 2021, $45,000,000. ‘‘(4) For fiscal year 2022, $125,000,000. ‘‘(5) For fiscal year 2023, $45,000,000. ‘‘(h) TERMINATION.—The Secretary may not, under this section, pay a provider for a high technology pro- gram of education that begins after September 30, 2024. ‘‘(i) PROHIBITION ON CERTAIN ACCOUNTING OF ASSIST- ANCE.—The Secretary may not consider enrollment in a high technology program of education under this sec- tion to be assistance under a provision of law referred to in section 3695 of title 38, United States Code.’’ § 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 as- sistance’’ means educational assistance provided under subchapter III of this chapter. (3) The term ‘‘program of education’’— (A) has the meaning given such term in sec- tion 3452(b) of this title; (B) includes— (i) a preparatory course for a test that is required or used for admission to an institu- tion 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 de- fined 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 Na- tional Guard of the United States and the Air Page 647 TITLE 38—VETERANS’ BENEFITS § 3002 National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10. (5) The term ‘‘Secretary of Defense’’ means the Secretary of Defense, except that it means the Secretary of Homeland Security with re- spect to the Coast Guard when it is not oper- ating 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 ci- vilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Ma- rine 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 sta- tus as a member of the National Guard of a State for the purpose of organizing, admin- istering, recruiting, instructing, or training the National Guard. (8) The term ‘‘educational institution’’ has the meaning given such term in section 3452(c) of this title. (9) The term ‘‘emergency situation’’ has the meaning given such term in section 3601 of this title. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402; amended Pub. L. 99–576, title III, § 301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100–689, title I, §§ 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 101–237, title IV, § 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–510, div. A, title V, § 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered § 3002 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–337, div. A, title XVI, § 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 103–446, title VI, § 603(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104–275, title I, § 107(a), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106–117, title VII, § 701, Nov. 30, 1999, 113 Stat. 1582; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, § 515(e)(2), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 117–333, § 3(e)(2), Jan. 5, 2023, 136 Stat. 6127.) Editorial Notes 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, §§ 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 2023—Par. (9). Pub. L. 117–333 added par. (9). 2006—Par. (6)(C). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2002—Par. (5). Pub. L. 107–296 substituted ‘‘of Home- land Security’’ for ‘‘of Transportation’’. 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, § 1677(d)(2)(A), sub- stituted ‘‘section 10143(a) of title 10’’ for ‘‘section 268(b) of title 10’’. Par. (6). Pub. L. 103–337, § 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, § 5(a), renumbered section 1402 of this title as this section. Par. (3). Pub. L. 102–83, § 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) gen- erally. 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, § 111(a)(1), sub- stituted ‘‘in the case of an individual who is not serving on active duty, includes’’ for ‘‘includes’’. Pub. L. 100–689, § 108(a)(1), inserted cl. (i) designation and added cl. (ii). 1986—Par. (3). Pub. L. 99–576 amended par. (3) gen- erally. 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. 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 Pub. L. 101–510, div. A, title V, § 563(b), Nov. 5, 1990, 104 Stat. 1575, as amended by Pub. L. 102–83, § 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 sub- section (a)), have never served on active duty as defined in section 101(21) of that title.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–689, title I, § 108(c), Nov. 18, 1988, 102 Stat. 4170, 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.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections Page 648 TITLE 38—VETERANS’ BENEFITS § 3011 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ELECTION OF BENEFITS UNDER 1996 AMENDMENTS Pub. L. 104–275, title I, § 107(b), Oct. 9, 1996, 110 Stat. 3329, provided that: ‘‘(1) An individual may only become eligible for bene- fits 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 be- come 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 en- actment of this Act [Oct. 9, 1996] and in the manner re- quired 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 de- termined 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 ac- tive duty, the Secretary of Veterans Affairs shall col- lect 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 para- graph (1) becomes effective.’’ SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE § 3011. Basic educational assistance entitlement for service on active duty (a) Except as provided in subsection (c) of this section, each individual— (1) who— (A) during the period beginning July 1, 1985, and ending September 30, 2030, first be- comes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— (i) who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an in- dividual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or (ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the indi- vidual’s performance of duty, as deter- mined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obli- gated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated pe- riod of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service; or (III) in- voluntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in ac- cordance with regulations prescribed by the Secretary of Defense or by the Sec- retary of Homeland Security with respect to the Coast Guard when it is not oper- ating as a service in the Navy; (B) as of December 31, 1989, is eligible for educational assistance benefits under chap- ter 34 of this title and was on active duty at any time during the period beginning on Oc- tober 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and— (i) after June 30, 1985, serves at least three years of continuous active duty in the Armed Forces; or (ii) after June 30, 1985, is discharged or released from active duty (I) for a service- connected disability, by reason of a sole survivorship discharge (as that term is de- fined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Sec- retary determines is not service con- nected, for hardship, or for a physical or mental condition that was not character- ized as a disability, as described in sub- paragraph (A)(ii)(I) of this paragraph; (II) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; or (C) as of December 31, 1989, was eligible for educational assistance benefits under chap- ter 34 of this title and— (i) was not on active duty on October 19, 1984; (ii) reenlists or reenters on a period of active duty after October 19, 1984; and (iii) on or after July 1, 1985, either—