
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3034]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
 SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; 
                  GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 3034. Program administration

    (a)(1) Except as otherwise provided in this chapter, the provisions 
of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this 
title and the provisions of subchapters I and II of chapter 36 of this 
title (with the exception of sections 3680(c), 3680(f), 3686(a), and 
3687) shall be applicable to the provision of educational assistance 
under this chapter.
    (2) The term ``eligible veteran'', as used in the provisions of the 
sections enumerated in paragraph (1) of this subsection, shall be deemed 
to include an individual who is eligible for educational assistance 
under this chapter.
    (3) 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) Regulations prescribed by the Secretary of Defense under this 
chapter shall be uniform for the Armed Forces under the jurisdiction of 
the Secretary of a military department.
    (c) Payment of educational assistance allowance in the case of an 
eligible individual pursuing a program of education under this chapter 
on less than a half-time basis shall be made in a lump-sum amount for 
the entire quarter, semester, or term not later than the last day of the 
month immediately following the month in which certification is received 
from the educational institution that such individual has enrolled in 
and is pursuing a program at such institution. Such lump-sum payment 
shall be computed at the rate determined under section 3032(b) of this 
title.
    (d) 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 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.

    (e)(1) In the case of a member of the Armed Forces who participates 
in basic educational assistance under this chapter, the Secretary shall 
furnish the information described in paragraph (2) to each such member. 
The Secretary shall furnish such information as soon as practicable 
after the basic pay of the member has been reduced by $1,200 in 
accordance with section 3011(b) or 3012(c) of this title and at such 
additional times as the Secretary determines appropriate.
    (2) The information referred to in paragraph (1) is information with 
respect to the benefits, limitations, procedures, eligibility 
requirements (including time-in-service requirements), and other 
important aspects of the basic educational assistance program under this 
chapter, including application forms for such basic educational 
assistance under section 5102 of this title.
    (3) The Secretary shall furnish the forms described in paragraph (2) 
and other educational materials to educational institutions, training 
establishments, and military education personnel, as the Secretary 
determines appropriate.
    (4) The Secretary shall use amounts appropriated for readjustment 
benefits to carry out this subsection and section 5102 of this title 
with respect to application forms under that section for basic 
educational assistance under this chapter.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2562, Sec. 1434; amended Pub. L. 99-576, title III, Secs. 301(c), 
302, 305, 308(a), Oct. 28, 1986, 100 Stat. 3268-3270; Pub. L. 100-689, 
title I, Secs. 106(a), 111(a)(7)(B), Nov. 18, 1988, 102 Stat. 4166, 
4172; Pub. L. 101-237, title IV, Secs. 415(b), 422(a)(1), 423(a)(5)(A), 
(6), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2088, 2091, 2092; Pub. L. 
102-16, Sec. 2(b)(2), Mar. 22, 1991, 105 Stat. 49; renumbered Sec. 3034 
and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
406; Pub. L. 102-568, title III, Sec. 313(a)(4), Oct. 29, 1992, 106 
Stat. 4332; Pub. L. 103-446, title VI, Sec. 601(a), Nov. 2, 1994, 108 
Stat. 4670; Pub. L. 105-368, title II, Secs. 204(a), 206(a), Nov. 11, 
1998, 112 Stat. 3327.)


                               Amendments

    1998--Subsec. (d)(2). Pub. L. 105-368, Sec. 204(a), 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''.
    Subsec. (e). Pub. L. 105-368, Sec. 206(a), added subsec. (e).
    1994--Subsec. (d). Pub. L. 103-446 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.''
    1992--Subsec. (a)(1). Pub. L. 102-568, Sec. 313(a)(4)(A), struck out 
``3473,'' after ``3471,''.
    Subsec. (d)(1). Pub. L. 102-568, Sec. 313(a)(4)(B), substituted 
``3680A(b)'' for ``3473(b)'' in introductory provisions.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1434 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3470, 
3471, 3473, 3474, 3476, 3482(g), 3483, and 3485'' for ``1670, 1671, 
1673, 1674, 1676, 1682(g), 1683, and 1685'' and ``3680(c), 3680(f), 
3686(a), and 3687'' for ``1780(c), 1780(f), 1786(a), and 1787''.
    Pub. L. 102-16 struck out ``1663,'' before ``1670,''.
    Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3471'' 
for ``1671''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3032(b)'' 
for ``1432(b)''.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3473(b)'' for ``1673(b)'' in introductory provisions.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 423(a)(6)(A), inserted 
``1780(f),'' after ``1780(c),''.
    Pub. L. 101-237, Sec. 415(b)(1), struck out ``1780(g),'' after 
``1780(c),''.
    Subsec. (a)(3). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 423(a)(5)(A), substituted ``employment during 
and since the period of such veteran's active military service)'' for 
``employment)''.
    Subsec. (b). Pub. L. 101-237, Sec. 415(b)(2), (3), redesignated 
subsec. (c) as (b) and struck out former subsec. (b) which read as 
follows: ``The Administrator may, pursuant to regulations which the 
Administrator shall prescribe, determine and define enrollment in, 
pursuit of, and attendance at, any program of education by an individual 
enrolled in or pursuing a program of education under this chapter for 
any period for which the individual receives educational assistance 
under this chapter. Subject to such reports and proof as the 
Administrator may require to show an individual's enrollment in and 
satisfactory pursuit of such individual's program, the Administrator may 
withhold payment of benefits to such individual until the required proof 
is received and the amount of the payment is appropriately adjusted.''
    Subsec. (c). Pub. L. 101-237, Sec. 423(a)(6)(B), added subsec. (c).
    Pub. L. 101-237, Sec. 415(b)(3), redesignated subsec. (c) as (b).
    Subsec. (d). Pub. L. 101-237, Sec. 422(a)(1), added subsec. (d).
    1988--Subsec. (a)(1). Pub. L. 100-689, Secs. 106(a)(1), 
111(a)(7)(B)(i), designated existing first sentence as par. (1) and 
inserted ``1786(a),'' after ``1780(g),''.
    Subsec. (a)(2). Pub. L. 100-689, Sec. 106(a)(2), (3), designated 
existing second sentence, defining ``eligible veteran'', as par. (2) and 
substituted ``the provisions of the sections enumerated in paragraph (1) 
of this subsection'' for ``those provisions''.
    Subsec. (a)(3). Pub. L. 100-689, Sec. 106(a)(4), added par. (3).
    Subsecs. (c), (d). Pub. L. 100-689, Sec. 111(a)(7)(B)(ii), (iii), 
redesignated subsec. (d) as (c) and struck out former subsec. (c) which 
read as follows: ``When an eligible individual is pursuing a program of 
education under this chapter by correspondence, the individual's 
entitlement under this chapter shall be charged at the rate of one 
month's entitlement for each month of benefits paid to the individual.''
    1986--Subsec. (a). Pub. L. 99-576, Secs. 301(c), 308(a), substituted 
``1683, and 1685'' for ``and 1683'' and ``(with the exception of 
sections 1780(c), 1780(g), and 1787)'' for ``(with the exception of 
sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such 
chapter)''.
    Subsec. (b). Pub. L. 99-576, Sec. 305, amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``An 
educational assistance allowance for any period may not be paid to an 
individual enrolled in or pursuing a program of education under this 
chapter until the Administrator has received--
        ``(1) from such individual a certification as to such 
    individual's actual attendance during such period; and
        ``(2) from the educational institution a certification, or an 
    endorsement of the individual's certificate, that such individual 
    was enrolled in and pursuing a program of education during such 
    period.''
    Subsecs. (c), (d). Pub. L. 99-576, Sec. 302, added subsec. (c) and 
redesignated former subsec. (c) as (d).


                    Effective Date of 1998 Amendment

    Amendment by section 204(a) of 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.
    Pub. L. 105-368, title II, Sec. 206(b), Nov. 11, 1998, 112 Stat. 
3328, provided that: ``The amendment made by this section [amending this 
section] shall take effect 180 days after the date of the enactment of 
this Act [Nov. 11, 1998].''


                    Effective Date of 1994 Amendment

    Section 601(d) of Pub. L. 103-446 provided that: ``The amendments 
made by this section [amending this section, section 3241 of this title, 
and section 16136 of Title 10, Armed Forces] shall take effect as of 
October 1, 1994.''


                    Effective Date of 1989 Amendment

    Amendment by section 422(a)(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 Title 10, Armed Forces.


                    Effective Date of 1988 Amendment

    Section 106(d) of Pub. L. 100-689 provided that: ``The amendments 
made by this section [amending this section and sections 1641 and 1733 
[now 3241 and 3533] of this title] shall take effect on August 15, 
1989.''


                            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.


                              Ratification

    Pub. L. 101-366, title II, Sec. 206(b), Aug. 15, 1990, 104 Stat. 
442, provided that: ``Any use by the Department of Veterans Affairs, 
during the period beginning on July 2, 1990, and ending on the date of 
the enactment of this Act [Aug. 15, 1990], of any category of 
information provided by the Department of Defense or the Department of 
Transportation for making determinations described in section 413(b) of 
the Veterans' Benefits Amendments of 1989 (Public Law 101-237) [set out 
below] is hereby ratified.''


 Continued Use of Categories of Information Used Prior to December 18, 
                                  1989

    Section 413(b) of Pub. L. 101-237 provided that: ``Through July 1, 
1990, no provision of law shall preclude the Department of Veterans 
Affairs, in making determinations of the active-duty or Selected Reserve 
status, or the character of service, of individuals receiving benefits 
under chapter 30 or 32 of title 38, United States Code, or chapter 106 
of title 10, United States Code, from continuing to use any category of 
information provided by the Department of Defense or Department of 
Transportation that the Department of Veterans Affairs was using prior 
to the date of the enactment of this Act [Dec. 18, 1989], if the 
Secretary of Veterans Affairs determines that the information has proven 
to be sufficiently reliable in making such determinations.''


         Evaluation of Providing Assistance for Flight Training

    Section 422(c) of Pub. L. 101-237 provided that:
    ``(1)(A) The Secretary of Veterans Affairs shall conduct an 
evaluation of paying educational assistance for flight training under 
chapter 30 of title 38, United States Code, and chapter 106 of title 10, 
United States Code.
    ``(B) The evaluation required by subparagraph (A) shall be designed 
to determine the effectiveness of the provision of educational 
assistance referred to in such subparagraph in preparing the recipients 
of such assistance for recognized vocational objectives in the field of 
aviation.
    ``(2) Not later than January 31, 1994, the Secretary shall submit to 
the Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report on the evaluation required by paragraph (1). 
Such report shall include--
        ``(A) information, separately as to payments made under chapter 
    30 of title 38, United States Code, and payments made under chapter 
    106 of title 10, United States Code, regarding--
            ``(i) the number of recipients paid educational assistance 
        allowances for flight training;
            ``(ii) the amount of such assistance;
            ``(iii) the amount paid by the recipients for such training;
            ``(iv) the vocational objectives of the recipients; and
            ``(v) the extent to which the training (I) assists the 
        recipients in achieving employment in the field of aviation, or 
        (II) was used only or primarily for recreational or avocational 
        purposes; and
        ``(B) any recommendations for legislation that the Secretary 
    considers appropriate to include in the report.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3032, 3680A, 3688 of this 
title.
