[USC02] 38 USC PART III, CHAPTER 32, SUBCHAPTER IV: ADMINISTRATION
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38 USC PART III, CHAPTER 32, SUBCHAPTER IV: ADMINISTRATION
From Title 38—VETERANS' BENEFITSPART III—READJUSTMENT AND RELATED BENEFITSCHAPTER 32—POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV—ADMINISTRATION

§3241. Requirements

(a)(1) The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty.

(2) The Secretary may, without regard to the application to this chapter of so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is "already qualified", and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual's field of employment during and since the period of such veteran's active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.

(b) The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of this title) by an individual entitled to basic educational assistance under this chapter if—

(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;

(2) the individual possesses a valid pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and

(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency.


(c) The provisions of sections 3470, 3471, 3474, 3476, 3483, and 3491(a) (other than clause (1)) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education following discharge or release from active duty.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2397, §1641; amended Pub. L. 96–466, title IV, §405, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 97–35, title XX, §2003(a)(2), Aug. 13, 1981, 95 Stat. 782; Pub. L. 99–576, title III, §§308(b), 310(c), Oct. 28, 1986, 100 Stat. 3270, 3272; Pub. L. 100–689, title I, §106(b), Nov. 18, 1988, 102 Stat. 4167; Pub. L. 101–237, title IV, §423(a)(5)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; Pub. L. 102–16, §§2(b)(2), 7(a), Mar. 22, 1991, 105 Stat. 49, 51; renumbered §3241 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §313(a)(5), Oct. 29, 1992, 106 Stat. 4332; Pub. L. 103–446, title VI, §601(b), title XII, §1201(d)(12), Nov. 2, 1994, 108 Stat. 4670, 4684; Pub. L. 105–368, title II, §204(a), Nov. 11, 1998, 112 Stat. 3327.)

Amendments

1998—Subsec. (b)(2). Pub. L. 105–368 substituted "pilot certificate" for "pilot's license" in two places and inserted ", on the day the individual begins a course of flight training," after "meets".

1994—Subsec. (b). Pub. L. 103–446, §601(b), struck out "(1)" before "The Secretary may approve", redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, and struck out former par. (2) which read as follows: "This subsection shall not apply to a course of flight training that commences on or after October 1, 1994."

Subsec. (c). Pub. L. 103–446, §1201(d)(12), struck out "1663," after "sections".

1992—Subsec. (a)(1). Pub. L. 102–568, §313(a)(5)(A), struck out "3473," after "3471,".

Subsec. (b)(1). Pub. L. 102–568, §313(a)(5)(B), substituted "3680A(b)" for "3473(b)".

Subsec. (c). Pub. L. 102–568, §313(a)(5)(A), struck out "3473," after "3471,".

1991Pub. L. 102–83, §5(a), renumbered section 1641 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, §5(c)(1), substituted "3470, 3471, 3473, 3474, 3476, 3483, 3485, and 3491(a)(1)" for "1670, 1671, 1673, 1674, 1676, 1683, 1685, and 1691(a)(1)" and "3687" for "1787".

Pub. L. 102–16, §2(b)(2), struck out "1663," before "1670,".

Subsec. (a)(2). Pub. L. 102–83, §5(c)(1), substituted "3471" for "1671".

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3473(b)" for "1673(b)" in par. (1).

Pub. L. 102–16, §7(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "3470, 3471, 3473, 3474, 3476, 3483, and 3491(a)" for "1670, 1671, 1673, 1674, 1676, 1683, and 1691(a)" and "3687" for "1787".

Pub. L. 102–16, §7(a)(1), redesignated subsec. (b) as (c).

1989—Subsec. (a)(2). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101–237, §423(a)(5)(B), substituted "employment during and since the period of such veteran's active military service)" for "employment)".

1988—Subsec. (a). Pub. L. 100–689, §106(b)(1), designated existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 100–689, §106(b)(2), substituted "1691(a) (other than clause (1))" for "1691(a)(1)".

1986—Subsec. (a). Pub. L. 99–576, §§308(b), 310(c)(1), (2), designated existing provisions as subsec. (a), substituted "section 1787) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty" for "sections 1777, 1780(c), and 1787) shall be applicable to the program", and inserted "1685," after "1683,".

Subsec. (b). Pub. L. 99–576, §310(c)(3), added subsec. (b).

1981Pub. L. 97–35 struck out references to sections 1677 and 1681(c) of this title.

1980Pub. L. 96–466 inserted "1663," before "1670," and substituted "and 1691(a)(1)" for "1696, and 1698".

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 applicable with respect to courses of flight training beginning on or after Oct. 1, 1998, see section 204(c) of Pub. L. 105–368, set out as a note under section 16136 of Title 10, Armed Forces.

Effective Date of 1994 Amendment

Amendment by section 601(b) of Pub. L. 103–446 effective Oct. 1, 1994, see section 601(d) of Pub. L. 103–446, set out as a note under section 3034 of this title.

Effective Date of 1991 Amendment

Amendment by section 7(a) of Pub. L. 102–16 effective Apr. 1, 1991, see section 7(c) of Pub. L. 102–16, set out as a note under section 3231 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–689 effective Aug. 15, 1989, see section 106(d) of Pub. L. 100–689, set out as a note under section 3034 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise provided, see section 2006 of Pub. L. 97–35, set out as a note under section 3231 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(d)(2) of Pub. L. 96–466, set out as a note under section 3224 of this title.

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.

Savings Provision

Amendment by Pub. L. 102–586 not applicable to any person receiving educational assistance for pursuit of an independent study program in which the person was enrolled on Oct. 29, 1992, for as long as such person is continuously thereafter so enrolled and meets requirements of eligibility for such assistance, see section 313(b) of Pub. L. 102–568, set out as a note under section 16136 of Title 10, Armed Forces.

[§3242. Vacant]

Codification

Prior to redesignation of sections 1601 to 1643 of this chapter as sections 3201 to 3243 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, section 1642 of this chapter, added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2397, and amended Pub. L. 97–295, §4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, was repealed by Pub. L. 102–16, §5(a), Mar. 22, 1991, 105 Stat. 50.

§3243. Deposits; reports

Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Secretary for deposit in the fund. The Secretary of Defense shall also submit to the Secretary a report each month showing the name, service number, and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary of Defense pursuant to section 3222(c) of this title, as well as any changes in each participant's enrollment and/or contribution. The report shall also include any additional information the Secretary and the Secretary of Defense deem necessary to administer this program. The Secretary shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary of Defense as well as disbursements made from the fund in the form of benefits.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2397, §1643; amended Pub. L. 98–160, title VII, §702(9), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered §3243 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Prior Provisions

Prior sections 3301 to 3305 and 3311 to 3313, which comprised chapter 57, were renumbered sections 5701 to 5705 and 5711 to 5713, respectively, of this title.

Prior sections 3401 to 3405, which comprised chapter 59, were renumbered sections 5901 to 5905, respectively, of this title.

Amendments

1991Pub. L. 102–83 renumbered section 1643 of this title as this section and substituted "3222(c)" for "1622(c)".

1989Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing and inserted "of Defense" after "Secretary" in four places.

1983Pub. L. 98–160 inserted "of this title" after "section 1622(c)".

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.