
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC16136]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS
 
CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
 
Sec. 16136. Administration of program

    (a) Educational assistance under this chapter shall be provided 
through the Department of Veterans Affairs, under agreements to be 
entered into by the Secretary of Defense, and by the Secretary of 
Transportation, with the Secretary of Veterans Affairs. Such agreements 
shall include administrative procedures to ensure the prompt and timely 
transfer of funds from the Secretary concerned to the Department of 
Veterans Affairs for the making of payments under this chapter.
    (b) Except as otherwise provided in this chapter, the provisions of 
sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and 
the provisions of subchapters I and II of chapter 36 of such title (with 
the exception of sections 3686(a), 3687, and 3692) shall be applicable 
to the provision of educational assistance under this chapter. The term 
``eligible veteran'' and the term ``a person'', as used in those 
provisions, shall be deemed for the purpose of the application of those 
provisions to this chapter to refer to a person eligible for educational 
assistance under this chapter.
    (c) The Secretary of Veterans Affairs may approve the pursuit of 
flight training (in addition to a course of flight training that may be 
approved under section 3680A(b) of title 38) by an individual entitled 
to 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 private 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.

(Added Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 1984, 98 
Stat. 2567, Sec. 2136; amended Pub. L. 101-189, div. A, title VI, 
Secs. 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; Pub. L. 
101-237, title IV, Secs. 405(d)(3), 422(b)(1), Dec. 18, 1989, 103 Stat. 
2081, 2089; Pub. L. 101-510, div. A, title XIV, Sec. 1484(j)(3), Nov. 5, 
1990, 104 Stat. 1718; Pub. L. 102-16, Sec. 10(b), Mar. 22, 1991, 105 
Stat. 56; Pub. L. 102-568, title III, Secs. 313(a)(6), 319, 320(a)(3), 
Oct. 29, 1992, 106 Stat. 4333, 4335, 4336; renumbered Sec. 16136, Pub. 
L. 103-337, div. A, title XVI, Sec. 1663(b)(2), Oct. 5, 1994, 108 Stat. 
3006; Pub. L. 103-446, title VI, Sec. 601(c), Nov. 2, 1994, 108 Stat. 
4670; Pub. L. 105-368, title II, Sec. 204(b), Nov. 11, 1998, 112 Stat. 
3327.)


                               Amendments

    1998--Subsec. (c)(2). Pub. L. 105-245 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--Pub. L. 103-337 renumbered section 2136 of this title as this 
section.
    Subsec. (c). Pub. L. 103-446 struck out ``(1)'' after ``(c)'', 
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.''
    1992--Subsec. (b). Pub. L. 102-568, Sec. 320(a)(3), substituted 
``sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 
and the provisions of subchapters I and II of chapter 36 of such title 
(with the exception of sections 3686(a), 3687, and 3692)'' for 
``sections 1670, 1671, 1673, 1674, 1676, 1682(g), 1683, and 1685 of 
title 38 and the provisions of subchapters I and II of chapter 36 of 
such title (with the exception of sections 1786(a), 1787, and 1792)''.
    Pub. L. 102-568, Sec. 319, struck out ``1780(c),'' after ``exception 
of sections''.
    Subsec. (c)(1). Pub. L. 102-568, Sec. 313(a)(6), substituted 
``section 3680A(b) of title 38'' for ``section 1673(b) of title 38''.
    1991--Subsec. (b). Pub. L. 102-16 struck out ``1434(b), 1663,'' 
before ``1670,'' and ``1780(g),'' before ``1786(a),''.
    1990--Subsec. (a). Pub. L. 101-510 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration'' in two places.
    1989--Subsec. (a). Pub. L. 101-189, Sec. 645(a)(1), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs''.
    Subsec. (b). Pub. L. 101-237, Sec. 405(d)(3), inserted reference to 
section 1685 of title 38.
    Pub. L. 101-189, Sec. 642(c), amended first sentence generally and 
substituted ``and the term `a person', as used'' for ``, as used'' in 
second sentence. Prior to amendment, first sentence read as follows: 
``Except as otherwise provided in this chapter, the provisions of 
sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of 
chapter 34 of title 38 and the provisions of subchapters I and II of 
chapter 36 of such title (with the exception of sections 1780(a)(5), 
1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the 
provision of educational assistance under this chapter.''
    Subsec. (c). Pub. L. 101-237, Sec. 422(b)(1), added subsec. (c).


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 204(c), Nov. 11, 1998, 112 Stat. 
3327, provided that: ``The amendments made by this section [amending 
this section and sections 3034 and 3241 of Title 38, Veterans' Benefits] 
shall apply with respect to courses of flight training beginning on or 
after October 1, 1998.''


                    Effective Date of 1994 Amendment

    Amendment by 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 Title 
38, Veterans' Benefits.


                    Effective Date of 1989 Amendments

    Section 405(e) of Pub. L. 101-237 provided that: ``The amendments 
made by this section [amending this section and section 1685 [now 3485] 
of Title 38, Veterans' Benefits] shall take effect on May 1, 1990, and 
shall apply to services performed on or after that date.''
    Amendment by section 422(b)(1) of Pub. L. 101-237 effective Sept. 
30, 1990, see section 422(d) of Pub. L. 101-237, set out as a note under 
section 16131 of this title.
    Amendment by section 642(c) of Pub. L. 101-189 applicable with 
respect to any person who after Sept. 30, 1990, meets the requirements 
set forth in section 2132(a)(1)(A) or (B) [16132(a)(1)(A), (B)] of this 
title, see section 642(d) of Pub. L. 101-189, set out as a note under 
section 16131 of this title.


                             Effective Date

    Section effective July 1, 1985, applicable only to members of the 
Armed Forces who qualify for educational assistance under this chapter 
on or after such date, see section 705(b) of Pub. L. 98-525, set out as 
an Effective Date of 1984 Amendment note under section 16131 of this 
title.


                            Savings Provision

    Section 313(b) of Pub. L. 102-568 provided that: ``The amendments 
made by paragraphs (2) through (6) of subsection (a) of this section 
[enacting section 3680A of Title 38, Veterans' Benefits, amending this 
section and sections 3034 and 3241 of Title 38, and repealing section 
3473 of Title 38] shall not apply to any person receiving educational 
assistance for pursuit of an independent study program in which the 
person was enrolled on the date of enactment of this section [Oct. 29, 
1992] for as long as such person is continuously thereafter so enrolled 
and meets the requirements of eligibility for such assistance for the 
pursuit of such program under title 38, United States Code, or title 10, 
United States Code, in effect on that date.''

                  Section Referred to in Other Sections

    This section is referred to in section 16131 of this title.
