§3241 — Title 38 Veterans' Benefits | U.S. Code

Summary

Make certain VA education rules apply to people taking courses while on active duty. The rules in 38 U.S.C. 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1), and chapter 36 (except section 3687) cover them. The VA Secretary can allow active-duty members to take refresher, update, remedial, or other special preparatory courses needed to enter or stay in an approved program, even if another rule would normally bar enrollment for being “already qualified.” The Secretary can also approve flight training (in addition to 38 U.S.C. 3680A(b)) if it is needed for a recognized aviation job, the person has a valid pilot certificate and meets the medical standards for a commercial pilot certificate when training starts, and the school meets FAA standards and is approved by the FAA and the State approving agency. After discharge, the rules in 38 U.S.C. 3470, 3471, 3474, 3476, 3483, and 3491(a) (except clause (1)) and chapter 36 (except 3687) apply to those pursuing education.

Title 38, §3241

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The provisions of section 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 section 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.

Notes & Related Subsidiaries

Editorial Notes

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,”. 1991—Pub. 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 “section 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). 1981—Pub. L. 97–35 struck out references to section 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

§3241 Requirements

Summary

Title 38, §3241

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

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Savings Provision

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