
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: 38USC3241]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
                      SUBCHAPTER IV--ADMINISTRATION
 
Sec. 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, Sec. 404, Oct. 15, 1976, 90 Stat. 2397, 
Sec. 1641; amended Pub. L. 96-466, title IV, Sec. 405, Oct. 17, 1980, 94 
Stat. 2202; Pub. L. 97-35, title XX, Sec. 2003(a)(2), Aug. 13, 1981, 95 
Stat. 782; Pub. L. 99-576, title III, Secs. 308(b), 310(c), Oct. 28, 
1986, 100 Stat. 3270, 3272; Pub. L. 100-689, title I, Sec. 106(b), Nov. 
18, 1988, 102 Stat. 4167; Pub. L. 101-237, title IV, Sec. 423(a)(5)(B), 
(b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; Pub. L. 102-16, 
Secs. 2(b)(2), 7(a), Mar. 22, 1991, 105 Stat. 49, 51; renumbered 
Sec. 3241 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)(5), Oct. 29, 
1992, 106 Stat. 4332; Pub. L. 103-446, title VI, Sec. 601(b), title XII, 
Sec. 1201(d)(12), Nov. 2, 1994, 108 Stat. 4670, 4684; Pub. L. 105-368, 
title II, Sec. 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, Sec. 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, Sec. 1201(d)(12), struck out ``1663,'' 
after ``sections''.
    1992--Subsec. (a)(1). Pub. L. 102-568, Sec. 313(a)(5)(A), struck out 
``3473,'' after ``3471,''.
    Subsec. (b)(1). Pub. L. 102-568, Sec. 313(a)(5)(B), substituted 
``3680A(b)'' for ``3473(b)''.
    Subsec. (c). Pub. L. 102-568, Sec. 313(a)(5)(A), struck out 
``3473,'' after ``3471,''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1641 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-83, Sec. 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, Sec. 2(b)(2), struck out ``1663,'' before ``1670,''.
    Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3471'' 
for ``1671''.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3473(b)'' 
for ``1673(b)'' in par. (1).
    Pub. L. 102-16, Sec. 7(a)(2), added subsec. (b). Former subsec. (b) 
redesignated (c).
    Subsec. (c). Pub. L. 102-83, Sec. 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, Sec. 7(a)(1), redesignated subsec. (b) as (c).
    1989--Subsec. (a)(2). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 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, Sec. 106(b)(1), designated 
existing provision as par. (1) and added par. (2).
    Subsec. (b). Pub. L. 100-689, Sec. 106(b)(2), substituted ``1691(a) 
(other than clause (1))'' for ``1691(a)(1)''.
    1986--Subsec. (a). Pub. L. 99-576, Secs. 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, Sec. 310(c)(3), added subsec. (b).
    1981--Pub. L. 97-35 struck out references to sections 1677 and 
1681(c) of this title.
    1980--Pub. 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.


                            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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3231, 3680A, 3688 of this 
title.
