38 U.S.C. § 2002

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2002 - Definitions

(a) IN GENERAL.-In this chapter:

(1) The term "homeless veteran" means a veteran who is homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)).

(2) The term "grant and per diem provider" means an entity in receipt of a grant under section 2011 or 2012 of this title.

(b) VETERAN DEFINED.-

(1) Notwithstanding section 101(2) of this title and except as provided in paragraph (2), for purposes of sections 2011, 2012, 2013, 2044, and 2061 of this title, the term "veteran" means a person who served in the active military, naval, air, or space service, regardless of length of service, and who was discharged or released therefrom.

(2) For purposes of paragraph (1), the term "veteran" excludes a person who-

(A) received a dishonorable discharge from the Armed Forces; or

(B) was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial.

38 U.S.C. § 2002

Added Pub. L. 107-95, §5(a)(1), Dec. 21, 2001, 115 Stat. 905; amended Pub. L. 109-444, §8(a)(3), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109-461, title X, §§1004(a)(3), Dec. 22, 2006, 1006, Dec. 22, 2006, 120 Stat. 3465, 3468; Pub. L. 114-315, title VII, §701, Dec. 16, 2016, 130 Stat. 1584; Pub. L. 116-283, div. A, title IX, §926(a)(33), Jan. 1, 2021, 134 Stat. 3830.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 2002 was renumbered section 4102 of this title.Another prior section 2002, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1217, related to compensation for veterans in absence of agreements with States, prior to repeal by section 1(a) of Pub. L. 87-675.A prior section 2002A was renumbered section 4102A of this title.

AMENDMENTS2021-Subsec. (b)(1). Pub. L. 116-283 substituted "air, or space service" for "or air service".2016- Pub. L. 114-315 designated existing provisions as subsec. (a), inserted heading, substituted "in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)" for "in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))" in subsec. (a)(1), and added subsec. (b).2006-Par. (1). Pub. L. 109-461, §1006(b), provided that as of the enactment of Pub. L. 109-461 the amendments made by Pub. L. 109-444 were deemed for all purposes not to have taken effect and that Pub. L. 109-444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109-461 set out as a Coordination of Provisions With Pub. L. 109-444 note under section 101 of this title. Pub. L. 109-461, §1004(a)(3), inserted closing parenthesis before period at end. Pub. L. 109-444 which inserted closing parenthesis before period at end, was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114-315, title VII, §706, Dec. 16, 2016, 130 Stat. 1586, provided that: "This subtitle [subtitle A (§§701-706) of title VII of Pub. L. 114-315 amending this section and sections 5303 and 5303A of this title and enacting provisions set out as notes under this section] and the amendments made by this subtitle shall apply to individuals seeking benefits under chapter 20 of title 38, United States Code, before, on, and after the date of the enactment of this Act [Dec. 16, 2016]."

REGULATIONS Pub. L. 114-315, title VII, §705, Dec. 16, 2016, 130 Stat. 1585, provided that: "Not later than 270 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall prescribe regulations, including such modifications to section 3.12 of title 38, Code of Federal Regulations (or any successor regulation), as the Secretary considers appropriate, to ensure that the Department of Veterans Affairs is in full compliance with this title [see Tables for classification] and the amendments made by this subtitle [subtitle A (§§701-706) of title VII of Pub. L. 114-315 amending this section and sections 5303 and 5303A of this title]."

TRAINING OF PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS AND GRANT RECIPIENTS Pub. L. 114-315, title VII, §704, Dec. 16, 2016, 130 Stat. 1585, provided that: "The Secretary of Veterans Affairs shall conduct a program of training and education to ensure that the following persons are aware of and implement this title [see Tables for classification] and the amendments made by this subtitle [subtitle A (§§701-706) of title VII of Pub. L. 114-315 amending this section and sections 5303 and 5303A of this title]:"(1) Personnel of the Department of Veterans Affairs who are supporting or administering a program under chapter 20 of title 38, United States Code. "(2) Recipients of grants or other amounts for purposes of carrying out such a program."