38 U.S.C. § 3452 : US Code - Section 3452: Definitions

Search 38 U.S.C. § 3452 : US Code - Section 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;
(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 subparagraph (B), because of a
service-connected disability.
(2) The requirement of discharge or release, prescribed in
subparagraph (A) or (B) of paragraph (1), shall be waived in the
case of any individual who served more than 180 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 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, 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).
(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)).
Such term also includes licensing or certification tests, the
successful completion of which demonstrates an individual's
possession of the knowledge or skill required to enter into,
maintain, or advance in employment in a predetermined and
identified vocation or profession, provided such tests and the
licensing or credentialing organizations or entities that offer
such tests are approved by the Secretary in accordance with section
3689 of this title. Such term also includes any course, or
combination of courses, offered by a qualified provider of
entrepreneurship courses. Such term also includes national tests
for admission to institutions of higher learning or graduate
schools (such as the Scholastic Aptitude Test (SAT), Law School
Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate
Management Admission Test (GMAT)) and national tests providing an
opportunity for course credit at institutions of higher learning
(such as the Advanced Placement (AP) exam and College-Level
Examination Program (CLEP)).
(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). Such term also includes any private entity (that meets
such requirements as the Secretary may establish) that offers,
either directly or under an agreement with another entity (that
meets such requirements), a course or courses to fulfill
requirements for the attainment of a license or certificate
generally recognized as necessary to obtain, maintain, or advance
in employment in a profession or vocation in a high technology
occupation (as determined by the Secretary). Such term also
includes any qualified provider of entrepreneurship courses.
(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 of the following:
(1) An establishment providing apprentice or other on-job
training, including those under the supervision of a college or
university or any State department of education.
(2) An establishment providing self-employment on-job training
consisting of full-time training for a period of less than six
months that is needed or accepted for purposes of obtaining
licensure to engage in a self-employment occupation or required
for ownership and operation of a franchise that is the objective
of the training.
(3) A State board of vocational education.
(4) A Federal or State apprenticeship registration agency.
(5) The sponsor of a program of apprenticeship.
(6) An 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.
(h) The term "qualified provider of entrepreneurship courses"
means any of the following entities insofar as such entity offers,
sponsors, or cosponsors an entrepreneurship course (as defined in
section 3675(c)(2) of this title):
(1) Any small business development center described in section
21 of the Small Business Act (15 U.S.C. 648).
(2) The National Veterans Business Development Corporation
(established under section 33 of the Small Business Act (15
U.S.C. 657c)).