(B) be required to refund to the United States an amount determined under subsection (b). (2) The Secretary concerned may waive the requirements of paragraph (1), or may reduce the amount of any refund under clause (B) of such paragraph, in the case of any individual member when the Secretary determines that the failure to participate satisfactorily was due to reasons beyond the control of the member. (3) Any refund by a member under this section shall not affect the period of obligation of such member to serve as a Reserve in the Selected Reserve. (b)(1) The amount of a refund under subsection (a) shall be the amount equal to the product of (A) the number of months of obligated service the person has remaining under the agreement entered into under section 2132(a) of this title divided by the original number of months of such obligation; and (B) the total amount of educational assistance provided to the member under this chapter, as increased by interest determined under paragraph (2). (2) The amount computed under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the refund is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the member is first notified of the amount due to the United States as a refund under this section. (Added P.L. 95-79, § 402(a), July 30, 1977, 91 Stat. 330, [amended several times], revised in its entirety P.L. 98-525, § 705(a), Oct. 19, 1984, 98 Stat. 2566, and amended P.L. 100-689, § 111(b)(6), Nov. 18, 1988, 102 Stat. 4175.) §2136. 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 Transportation, 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. (cX1) 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 (A) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (B) the individual possesses a valid private pilot's license and meets the medical requirements necessary for a commercial pilot's license; and (C) 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. (2) This subsection shall not apply to a course of flight training that commences on or after October 1, 1994. (Added P.L. 98-525, §705(a), Oct. 19, 1984, 98 Stat. 2567, and amended P.L. 101-189, §§ 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; P.L. 101-237, §§ 405(d)(3), 422(b)(1), Dec. 18, 1989, 103 Stat. 2081, 2089; P.L. 101-510, § 1484(j)(3), Nov. 5, 1990, 104 Stat. 1718; P.L. 102-16, § 10(b), Mar. 22, 1991, 105 Stat. 56; P.L. 102568, §§ 313(a)(6), 319, Oct. 29, 1992, 106 Stat. 4333, 4335, 4336.) §2137. Report to Congress The Secretary of Defense shall submit to the Congress a report not later than December 15 of each year concerning the operation of the educational assistance program established by this chapter during the preceding fiscal year. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during the preceding fiscal year. (Added P.L. 98-525, § 705(a), Oct. 19, 1984, 98 Stat. 2567.) § 2138. Savings provision A member who entered into an agreement under this chapter before July 1, 1985, shall continue to be eligible for educational assistance in accordance with the terms of such agreement and of this chapter as in effect before such date. (Added P.L. 98-525, § 705(a), Oct. 19, 1984, 98 Stat. 2567.) CROSS REFERENCES IN TITLE 38 VETERANS' BENEFITS (Current through the end of the 2d session, 102d Congress) Section 101 Referred to in Sections 2301, 5302, 8111A of this title; title 5 sections 2108, 3501, 5532, 6303; title 10 sections 2133, 2641; title 26 sections 3121, 6334; title 42 sections 410, 1477, 11448; title 49 App. section 2214; title 50 App. section 591. 529 901 902 1101 1110 1111 Section 1137 of this title. 1112 1113 1114 1115 Section 8110 of this title. Section 5701 of this title. Sections 541, 542, 1718, 1754, 3121, 3733, 7101, 7726 of this title. Section 902 of this title. Section 7455 of this title. Title 5 sections 3501, 5532, 6303, 8332, 8411. Sections 1111, 1112, 1114, 1116 of this title. Sections 1113, 1137 of this title. Sections 1112, 1116, 1137 of this title. Sections 1115, 1134, 1717, 3108, 5313, 5503 of this title. Section 1135 of this title. 1311 1312 1314 Sections 1121, 1142 of this title. Sections 1132, 1133, 1134 of this title. Section 1137 of this title. Section 1137 of this title. Sections 1114, 1135, 1717 of this title. Sections 1142, 5313 of this title. Sections 1710, 1712, 5110, 5313 of this title. Sections 502, 7252, 7292 of this title. Section 1311 of this title. Sections 1318, 5110 of this title; title 10 sections 1450, 1451, 1457. Sections 1316, 5312, 5317 of this title; title 26 section 6103; title 42 section 8624. Sections 111, 1710, 1712, 1722A of this title. Section 1507 of this title. 1315 1503 1506 1511 1512 Sections 1536, 1537 of this title. 1521 Sections 1534, 1535 of this title. Sections 111, 1506, 1508, 1511, 1512, 1522, 1523, 1541, 1542, 1710, 1712, 1722, 1722A, 5123, 5304, 5312, 5503 of this title; title 42 section 8624. 1541 1542 1560 1561 1562 1701 1703 1710 1711 1712 1712A 1713 1717 1718 1720 1720A 1720D Section 1712 of this title. Section 1537 of this title. Sections 1506, 1508, 1536, 1542, 1543, 5123, 5304, 5312 of this title; title 42 section 8624. Sections 1506, 1508, 1541, 1543, 5123, 5312 of this title; title 42 section 8624. Sections 1561, 1562 of this title. Section 1562 of this title. Sections 1560, 1561 of this title; title 26 sections 137, 6334. Sections 1712A, 2303, 7318, 8111, 8111A of this title. Sections 1710, 1712, 1712A, 2303 of this title; title 42 section 1395cc. .... Sections 1701, 1703, 1712, 1720B, 1720C, 1722, 1729, 1741, 2303, 5317, 8111A of this title; title 26 section 6103. Sections 1712A, 1729, 2303, 8111 of this title. Sections 1525, 1701, 1703, 1710, 1712A, 1717, 1718, 1720, 1722, 1729, 2104, 5317, 8110, 8111A of this title; title 26 section 6103. Sections 1703, 4102A, 4103, 4103A, 4104, 4214 of this title; title 29 section 1721. Sections 1701, 8111, 8502, 8520, 8521 of this title; title 42 section 1395cc. Section 1712 of this title. Section 113 of this title. Sections 1703, 1710, 1724, 1741, 1742, 2303, 8105, 8134 of this title; title 42 section 300dd-21. Section 1703 of this title; title 29 section 1721. Sections 1710, 1712 of this title. Sections 1703, 1722, 1732 of this title. Sections 5503, 8122, 8126 of this title; title 42 section 1396r-8. |