(c) An individual who serves in the Selected Reserve may not reeive credit for such service under both the program established by his chapter and the program established by chapter 106 of title 10 out shall elect (in such form and manner as the Secretary may precribe) the program to which such service is to be credited. Added P.L. 98-525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2561, 1433; amended P.L. 99-576, §306, Oct. 28, 1986, 100 Stat. 3269; P.L. 101-237, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102-16, § 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered § 3033, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) 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's license and meets the medical requirements necessary for a commercial pilot's license; 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 agen cy. (Added P.L. 98-525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1434; amended P.L. 99-576, §§ 301(c), 302, 305, 308(a), Oct. 28, 1986, 100 Stat. 3268-3270; P.L. 100-689, §§ 106(a), 111(a)(7)(B), Nov. 18, 1988, 102 Stat. 4166, 4172; P.L. 101-237, §§415(b), 422(a)(1), 423(a)(5)(A), (6), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2088, 2091, 2092; P.L. 102–16, § 2(b)(2), Mar. 22, 1991, 105 Stat. 49; renumbered §3034 and amended P.L. 102-83, §5(a), (c)1\ Aug. 6, 1991, 105 Stat. 406; P.L. 102-568, §313(a)(4), Oct. 29, 1992, 106 Stat. 4332; P.L. 103-446, §601(a), Nov. 2, 1994, 108 Stat. 4670.) § 3035. Allocation of administration and of program costs (a) Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Department of Veterans Af fairs. (b)(1) Except to the extent provided in paragraphs (2) and (3) of this subsection, payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or oth erwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the PostVietnam Era Veterans Education Account pursuant to section 3232(b)(2)(B) of this title. (2) Payments for entitlement earned under subchapter II of this chapter that is established under section 3015(d) of this title at a rate in excess of the rate prescribed under subsection (a) or (b) ɗf section 3015 of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund estab lished under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate. (3) Payment for entitlements established under section 3018A or 3018B of this title shall be made (A) except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10; (B) in the case of any individual described in section 3018A(a)(3), 3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits. and (C) in the case of the increase in payments made under sec tion 3015(f) of this title, from the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title. (c) Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under section 2006 of tle 10 or from appropriations made to the Department of Transortation, as appropriate. (d) Funds for the payment by the Secretary of benefits under this apter that are to be paid from the Department of Defense Edution Benefits Fund shall be transferred to the Department of Vetans Affairs from such Fund as necessary and in accordance with greements entered into under section 2006 of title 10 by the Sectary, the Secretary of Defense, and the Secretary of the Treasury. unds for the payment by the Secretary of benefits under this hapter that are to be paid from appropriations made to the Deartment of Transportation shall be transferred to the Department Veterans Affairs as necessary. The Secretary and the Secretary Transportation shall enter into an agreement for the manner in hich such transfers are to be made. (e) Payments for tutorial assistance benefits under section 3019 this title shall be made (1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and (2) in the case of payments to an individual for such benefits in excess of $600, from (A) funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; (B) the Department of Defense Education Benefits Fund established under section 2006 of title 10; and (C) funds appropriated to the Department of Transportation, in the same proportion as the Fund described in subclause (B) of this clause and the funds described in subclause (A) or (C) of this clause are used to pay the educational assistance allowance to the individual under this chapter. Added P.L. 98-525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2562, 1435; amended P.L. 99-576, 8321(8), Oct. 28, 1986, 100 Stat. 278; P.L. 100-689, § 107(a)(2), Nov. 18, 1988, 102 Stat. 4168; P.L. 01-237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; P.L. 101–510, 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered § 3035 and mended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102-484, § 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706; P.L. 10346, §1201(d)(7), Nov. 2, 1994, 108 Stat. 4684; P.L. 104-275, 106(c)(2), Oct. 9, 1996, 110 Stat. 3329.) 3036. Reporting requirement (a) The Secretary of Defense and the Secretary shall submit to he Congress at least once every two years separate reports on the peration of the program provided for in this chapter. (b) The Secretary of Defense shall include in each report submited under this section— (1) information indicating (A) the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces and of providing an adequate level of financial assistance to help meet the cost of pursuing a program of edu cation, and (B) whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the opportunity for educational assistance under this chapter to individuals who have not yet entered active-duty service; and (2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary of Defense considers appropriate. (c) The Secretary shall include in each report submitted under this section (1) information concerning the level of utilization of educational assistance and of expenditures under this chapter; and (2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate. (d)(1) The first report by the Secretary of Defense under this sec tion shall be submitted not later than January 1, 1986. (2) The first report by the Secretary under this section shall be submitted not later than January 1, 1988. (Added P.L. 98-525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2563, § 1436; amended P.L. 101-237, § 423(b)(1)(Á), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered §3036, P.L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.) CHAPTER 31-TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES ec. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 13. 14. 15. 16. 17. 18. 19. 20. 21. Vocational rehabilitation for hospitalized members of the Armed Forces Vocational rehabilitation outside the United States. Promotion of employment and training opportunities. Personnel training, development, and qualifications. Program of independent living services and assistance. 3100. Purposes The purposes of this chapter are to provide for all services and sistance necessary to enable veterans with service-connected dis›ilities to achieve maximum independence in daily living and, to e maximum extent feasible, to become employable and to obtain d maintain suitable employment. dded P.L. 96-466, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1500; numbered §3100, P.L. 102-83, §5(a), Aug. 6, 1991, 105 Stat. 6.) 3101. Definitions For the purposes of this chapter (1) The term "employment handicap" means an impairment, relting in substantial part from a disability described in section 02(1)(A) of this title,of a veteran's ability to prepare for, obtain, retain employment consistent with such veteran's abilities, aptides, and interests. (2) The term "independence in daily living" means the ability of veteran, without the services of others or with a reduced level of e services of others, to live and function within such veteran's mily and community. (3) The term "program of education" has the meaning provided section 3452(b) of this title. |