# § 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 Homeland Security, 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.
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**Source Credit**: (Added Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2567, § 2136; amended Pub. L. 101–189, div. A, title VI, §§ 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; Pub. L. 101–237, title IV, §§ 405(d)(3), 422(b)(1), Dec. 18, 1989, 103 Stat. 2081, 2089; Pub. L. 101–510, div. A, title XIV, § 1484(j)(3), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 102–16, § 10(b), Mar. 22, 1991, 105 Stat. 56; Pub. L. 102–568, title III, §§ 313(a)(6), 319, 320(a)(3), Oct. 29, 1992, 106 Stat. 4333, 4335, 4336; renumbered § 16136, Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; Pub. L. 103–446, title VI, § 601(c), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105–368, title II, § 204(b), Nov. 11, 1998, 112 Stat. 3327; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
## Editorial Notes
### Amendments
2002—Subsec. (a). substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
1998—Subsec. (c)(2). 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— renumbered as this section.
Subsec. (c). 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 .”
1992—Subsec. (b). , 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)”.
, struck out “1780(c),” after “exception of sections”.
Subsec. (c)(1). , substituted “” for “”.
1991—Subsec. (b). struck out “1434(b), 1663,” before “1670,” and “1780(g),” before “1786(a),”.
1990—Subsec. (a). substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.
1989—Subsec. (a). , substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Subsec. (b). , inserted reference to .
, 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). , added subsec. (c).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2002 Amendment
Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .
### Effective Date of 1998 Amendment
> “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
>
> .”
, , , provided that:
### Effective Date of 1994 Amendment
Amendment by effective , see , set out as a note under , Veterans’ Benefits.
### Effective Date of 1989 Amendments
> “The amendments made by this section [amending this section and section 1685 [now 3485] of Title 38, Veterans’ Benefits] shall take effect on
>
> , and shall apply to services performed on or after that date.”
, , , provided that:
Amendment by effective , see , set out as a note under .
Amendment by applicable with respect to any person who after , meets the requirements set forth in section 2132(a)(1)(A) or (B) [16132(a)(1)(A), (B)] of this title, see , set out as a note under .
### Effective Date
Section effective , applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see , set out as an Effective Date of 1984 Amendment note under .
### Savings Provision
> “The amendments made by paragraphs (2) through (6) of subsection (a) of this section [enacting
>
> , Veterans’ Benefits, amending this section and sections 3034 and 3241 of Title 38, and repealing
>
> ] 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 [
>
> ] 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.”
, , , provided that: