Page:United States Statutes at Large Volume 118.djvu/1923

This page needs to be proofread.

118 STAT. 1893 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(1) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or ‘‘(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve). ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED MEMBERS.— (1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s entitlement to educational assist ance expires at the end of the 10 year period beginning on the date on which such person became entitled to such assistance. ‘‘(2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1). ‘‘§ 16165. Termination of assistance ‘‘Educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated— ‘‘(1) if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or ‘‘(2) when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title. ‘‘§ 16166. Administration of program ‘‘(a) ADMINISTRATION.—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 Vet erans Affairs for the making of payments under this chapter. ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise provided in this chapter, the provisions of sections 503, 511, 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 ‘person’, as used in those provisions, shall be deemed for the purpose of the application of those provi sions to this chapter to refer to a person eligible for educational assistance under this chapter. ‘‘(c) FLIGHT TRAINING.—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; Applicability.