38 U.S.C. § 3002: Definitions

The term “basic educational assistance” means educational assistance provided under subchapter II of this chapter. The term “supplemental educational assistance” means educational assistance provided under subchapter III of this chapter. has the meaning given such term in section 3452(b) of this title ; a preparatory course for a test that is required or used for admission to an institution of higher education; and a preparatory course for a test that is required or used for admission to a graduate school; and 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 defined in section 3482(a)(2) of this title ). The term “Selected Reserve” means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10 . The term “Secretary of Defense” means the Secretary of Defense, except that it means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. 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. 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 status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard. The term “educational institution” has the meaning given such term in section 3452(c) of this title . The term “emergency situation” has the meaning given such term in section 3601 of this title . 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. 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 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. the date determined under such section 3031; or the date on which the election under paragraph (1) becomes effective.”