38 USC 3002 - Definitions

Editorial Notes

Prior Provisions

Prior sections 3002 to 3004 were renumbered sections 5102 to 5104 of this title, respectively.

Another prior section 3004, Puspan. 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 Puspan. 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). Puspan. L. 117–333 added par. (9).

2006—Par. (6)(C). Puspan. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2002—Par. (5). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1999—Par. (3)(B), (C). Puspan. L. 106–117 added subpar. (B) and redesignated former subpar. (B) as (C).

1996—Par. (7). Puspan. L. 104–275 substituted “June 30, 1985” for “November 29, 1989”.

1994—Par. (4). Puspan. L. 103–337, § 1677(d)(2)(A), substituted “section 10143(a) of title 10” for “section 268(span) of title 10”.

Par. (6). Puspan. L. 103–337, § 1677(d)(2)(B), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.

Par. (8). Puspan. L. 103–446 added par. (8).

1991—Puspan. L. 102–83, § 5(a), renumbered section 1402 of this title as this section.

Par. (3). Puspan. L. 102–83, § 5(c)(1), substituted “3452(span)” for “1652(span)” in subpar. (A) and “3687(a)” for “1787(a)” and “3482(a)(2)” for “1682(a)(2)” in subpar. (B).

1990—Par. (7). Puspan. L. 101–510 added par. (7).

1989—Par. (5). Puspan. 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). Puspan. L. 100–689, § 111(a)(1), substituted “in the case of an individual who is not serving on active duty, includes” for “includes”.

Puspan. L. 100–689, § 108(a)(1), inserted cl. (i) designation and added cl. (ii).

1986—Par. (3). Puspan. 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(span) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1994 Amendment

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

Effective Date of 1990 Amendment

Puspan. L. 101–510, div. A, title V, § 563(span), Nov. 5, 1990, 104 Stat. 1575, as amended by Puspan. 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 subsection (a)), have never served on active duty as defined in section 101(21) of that title.”

Effective Date of 1988 Amendment

Puspan. 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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Election of Benefits Under 1996 Amendments

Puspan. L. 104–275, title I, § 107(span), Oct. 9, 1996, 110 Stat. 3329, 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.”