dreamproit/uscode huggingface dataset:
38 U.S.C. § 3521 (VETERANS’ BENEFITS)
§ 3521. Approval of application
The Secretary shall approve an application if the Secretary finds that—
(1) the proposed program of education constitutes a “program of education” as that term is defined in this chapter;
(2) the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered;
(3) the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and
(4) it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721; Pub. L. 94–502, title III, § 310(11), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96–466, title III, § 324, Oct. 17, 1980, 94 Stat. 2196; Pub. L. 99–576, title III, § 314(b)(1), (2), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3521, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1721 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “Approval of application” for “Final approval of application” in section catchline, struck out “finally” before “approve an application” in introductory provisions, struck out former cl. (1) which read “section 1720 of this title has been complied with;”, and redesignated cls. (2) to (5) as cls. (1) to (4), respectively.
1980—Pub. L. 96–466, among other changes, inserted provision conditioning approval of an application upon the educational institution’s or training establishment’s compliance with all the requirements of this chapter and chapter 36 of this title and substituted reference to the enrollment in or pursuit of such person’s program of education violating any provisions of this chapter or chapter 36 of this title for reference to the pursuit of such program violating any provision of this chapter.
1976—Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
38 U.S.C. § 3522 (VETERANS’ BENEFITS)
[§ 3522. Vacant]
heading: Codification
text: Prior to renumbering of sections 1700 to 1766 of this chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1722 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1196, which related to change of program by eligible person, was repealed by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090.
38 U.S.C. § 3525, 3526 (VETERANS’ BENEFITS)
[§§ 3525, 3526. Vacant]
heading: Codification
text: Prior to renumbering of sections 1700 to 1766 of this chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, sections 1725 and 1726 of this chapter were repealed.
Section 1725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, which related to period of operation for approval by Administrator, was repealed by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090.
Section 1726, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, which provided for control by agencies of United States, was repealed by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20.
38 U.S.C. § 3535 (VETERANS’ BENEFITS)
§ 3535. Approval of courses
An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved for the enrollment of the particular individual under the provisions of section 3536 of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199, § 1735; Pub. L. 88–126, § 2, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89–358, § 4(n), Mar. 3, 1966, 80 Stat. 25; Pub. L. 92–540, title IV, § 402(4), Oct. 24, 1972, 86 Stat. 1090; renumbered § 3535 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1735 of this title as this section and substituted “3536” for “1736”.
1972—Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.
1966—Pub. L. 89–358 redesignated former subsec. (a) as the entire section, struck out therefrom the introductory phrase “Until the date for the expiration of all education and training under chapter 33 of this title,”, substituted “An eligible person” for “and eligible person”, “chapter” for “subchapter”, and “subchapter I of chapter 36 of this title” for “this section or subchapter VII of this chapter”, and struck out former subsec. (b) which provided for scope of approval and is now incorporated in section 1770(b) of this title.
1963—Subsec. (a). Pub. L. 88–126, § 2(1), (2), inserted “Until the date for the expiration of all education and training under chapter 33 of this title, and” before “eligible person”, and “or subchapter VII of this chapter” after “this section”.
Subsec. (b). Pub. L. 88–126, § 2(3), inserted “or section 1778.”
Subsec. (c). Pub. L. 88–126, § 2(4), repealed subsec. (c) which related to the responsibility of the Administrator, after the expiration date of all education and training under chapter 33 of this title, for the approval of any additional courses.
38 U.S.C. § 3536 (VETERANS’ BENEFITS)
§ 3536. Specialized vocational training courses
The Secretary may approve a specialized course of vocational training leading to a predetermined vocational objective for the enrollment of an eligible person under this subchapter if the Secretary finds that such course, either alone or when combined with other courses, constitutes a program of education which is suitable for that person and is required because of a mental or physical handicap.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199, § 1737; Pub. L. 88–126, § 4, Sept. 23, 1963, 77 Stat. 162; renumbered § 1736, Pub. L. 92–540, title IV, § 402(3), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 94–502, title III, § 310(20), Oct. 15, 1976, 90 Stat. 2392; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3536, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1736 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1976—Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.
1963—Pub. L. 88–126 substituted “The” for “Notwithstanding the provisions of subsections (b) and (c) of section 1735 of this title, the”.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
38 U.S.C. § 3537 (VETERANS’ BENEFITS)
§ 3537. Work-study allowance
(a) Subject to subsection (b) of this section, the Secretary shall utilize, in connection with the activities described in section 3485(a) of this title, the services of any eligible person who is pursuing, in a State, at least a three-quarter-time program of education (other than a course of special restorative training) and shall pay to such person an additional educational assistance allowance (hereinafter in this section referred to as “work-study allowance”) in return for such eligible person’s agreement to perform such services. The amount of the work-study allowance shall be determined in accordance with section 3485(a) of this title.
(b) The Secretary’s utilization of, and payment of a work-study allowance for, the services of an eligible person pursuant to subsection (a) of this section shall be subject to the same requirements, terms, and conditions as are set out in section 3485 of this title with regard to individuals pursuing at least three-quarter-time programs of education referred to in subsection (b) of such section.
(Added Pub. L. 101–237, title IV, § 406(a)(1), Dec. 18, 1989, 103 Stat. 2082, § 1737; renumbered § 3537 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1737 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3485(a)” for “1685(a)” in two places.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3485” for “1685”.
heading: Effective Date
text: Pub. L. 101–237, title IV, § 406(b), Dec. 18, 1989, 103 Stat. 2082, provided that: “The amendments made by this section [enacting this section] shall take effect on May 1, 1990.”
38 U.S.C. § 3538 (VETERANS’ BENEFITS)
[§ 3538. Vacant]
heading: Codification
text: Prior to renumbering of sections 1700 to 1766 of this chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1738 of this chapter, added Pub. L. 95–202, title II, § 201(b), Nov. 23, 1977, 91 Stat. 1437, which related to accelerated payment of educational assistance allowances, was repealed by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174.
38 U.S.C. § 3540 (VETERANS’ BENEFITS)
§ 3540. Purpose
The purpose of special restorative training is to overcome, or lessen, the effects of a manifest physical or mental disability which would handicap an eligible person (other than a person made eligible under subparagraph (C) of such section 1 by reason of a spouse being listed in one of the categories referred to in that subparagraph) in the pursuit of a program of education.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1740; Pub. L. 96–466, title III, § 331, Oct. 17, 1980, 94 Stat. 2198; renumbered § 3540 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–103, title I, § 109(a), Dec. 27, 2001, 115 Stat. 986; Pub. L. 109–444, § 3(b)(4), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109–461, title III, § 301(b)(4), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468.)
heading: References in Text
text: Such section, referred to in text, probably means section 3501(a)(1) of this title. See 2006 Amendment note below.
heading: Amendments
text: 2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Pub. L. 109–461, § 301(b)(4), substituted “(other than a person made eligible under subparagraph (C) of such section by reason of a spouse being listed in one of the categories referred to in that subparagraph)” for “(as defined in subparagraphs (A), (B), and (D) of section 3501(a)(1) of this title)”.
Pub. L. 109–444, which substituted “(other than a person made eligible under subparagraph (C) of such section by reason of a spouse being listed in one of the categories referred to in that subparagraph)” for “(as defined in subparagraphs (A), (B), and (D) of section 3501(a)(1) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
2001—Pub. L. 107–103 substituted “subparagraphs (A), (B), and (D) of section 3501(a)(1) of this title” for “section 3501(a)(1)(A) of this title”.
1991—Pub. L. 102–83 renumbered section 1740 of this title as this section and substituted “3501(a)(1)(A)” for “1701(a)(1)(A)”.
1980—Pub. L. 96–466 inserted “(as defined in section 1701(a)(1)(A) of this title)” after “person”.
heading: Effective Date of 2006 Amendment
text: Amendment by section 301(b)(4) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.
38 U.S.C. § 3541 (VETERANS’ BENEFITS)
§ 3541. Entitlement to special restorative training
(a) The Secretary at the request of an eligible person is authorized—
(1) to determine whether such person is in need of special restorative training; and
(2) where need is found to exist, to prescribe a course which is suitable to accomplish the purposes of this chapter.
Such a course, at the discretion of the Secretary, may contain elements that would contribute toward an ultimate objective of a program of education.
(b) The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in section 3511 of this title, except that the Secretary may extend such period in the case of any person if the Secretary finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of this section.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1741; Pub. L. 88–361, § 6, July 7, 1964, 78 Stat. 298; Pub. L. 94–502, title III, § 310(21), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3541 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–103, title I, § 109(b)(1), Dec. 27, 2001, 115 Stat. 986.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–103 struck out “of the parent or guardian” after “request” in introductory provisions.
1991—Pub. L. 102–83, § 5(a), renumbered section 1741 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1976—Subsec. (b). Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.
1964—Subsec. (b). Pub. L. 88–361 authorized the Administrator to extend the period if he finds additional assistance necessary to accomplish the purpose of special restorative training.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
heading: Effective Date of 1964 Amendment
text: Pub. L. 88–433, § 2, Aug. 14, 1964, 78 Stat. 442, provided that: “The amendments made by section 6 of the Act of July 7, 1964 (Public Law 88–361, 78 Stat. 297) [amending this section], shall take effect as of January 1, 1964.”
38 U.S.C. § 3543 (VETERANS’ BENEFITS)
§ 3543. Special administrative provisions
(a) In carrying out the Secretary’s responsibilities under this chapter the Secretary may by agreement arrange with public or private educational institutions or others to provide training arrangements as may be suitable and necessary to accomplish the purposes of this subchapter. In any instance where the Secretary finds that a customary tuition charge is not applicable, the Secretary may agree on the fair and reasonable amounts which may be charged for the training provided to the eligible person.
(b) The Secretary shall make such rules and regulations as the Secretary may deem necessary in order to promote good conduct on the part of the persons who are following courses of special restorative training and otherwise to carry out the purposes of this chapter.
(c) In a case in which the Secretary authorizes training under section 3541(a) of this title on behalf of an eligible person, the parent or guardian shall be entitled—
(1) to receive on behalf of the eligible person the special training allowance provided for under section 3542(a) of this title;
(2) to elect an increase in the basic monthly allowance provided for under such section; and
(3) to agree with the Secretary on the fair and reasonable amounts which may be charged under subsection (a).
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1743; Pub. L. 94–502, title III, § 310(22), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3543, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 107–103, title I, § 109(b)(3), (4), Dec. 27, 2001, 115 Stat. 986.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–103, § 109(b)(3), substituted “for the training provided to the eligible person” for “the parent or guardian for the training provided to an eligible person” in last sentence.
Subsec. (c). Pub. L. 107–103, § 109(b)(4), added subsec. (c).
1991—Pub. L. 102–83 renumbered section 1743 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary’s” for “Administrator’s” in subsec. (a) and “Secretary” for “Administrator” wherever appearing in subsecs. (a) and (b).
1976—Subsec. (a). Pub. L. 94–502 substituted “the Administrator’s” for “his” and “the Administrator may agree” for “he may agree”.
Subsec. (b). Pub. L. 94–502 substituted “the Administrator may deem” for “he may deem”.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
38 U.S.C. § 3561 (VETERANS’ BENEFITS)
§ 3561. Authority and duties of Secretary
(a) The Secretary may provide the educational and vocational counseling authorized under section 3520 of this title, and may provide additional counseling if the Secretary deems it to be necessary to accomplish the purposes of this chapter.
(b) Where any provision of this chapter authorizes or requires any function, power, or duty to be exercised by a State, or by any officer or agency thereof, such function, power, or duty shall, with respect to the Republic of the Philippines, be exercised by the Secretary.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1761; Pub. L. 89–358, § 3(a)(1), Mar. 3, 1966, 80 Stat. 19; Pub. L. 94–502, title III, § 310(23), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 96–466, title III, § 323(b), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3561 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1761 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3520” for “1720”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1980—Subsec. (a). Pub. L. 96–466 substituted “authorized” for “required” and “may provide additional counseling” for “may provide or require additional counseling”.
1976—Subsec. (a). Pub. L. 94–502 substituted “if the Administrator deems” for “if he deems”.
1966—Subsec. (a). Pub. L. 89–358 redesignated subsec. (b) as (a) and struck out provisions of former subsec. (a) for audit and review of payments by the GAO as provided by Budget and Accounting Act of 1921 and Budget and Accounting Procedures Act of 1950.
Subsec. (b). Pub. L. 89–358 redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 89–358 struck out subsec. (c) which provided for use of other Federal agencies. See now, section 1790 of this title.
Subsec. (d). Pub. L. 89–358 redesignated subsec. (d) as (b).
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
38 U.S.C. § 3562 (VETERANS’ BENEFITS)
§ 3562. Nonduplication of benefits
The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, § 1762; Pub. L. 88–361, § 4, July 7, 1964, 78 Stat. 298; Pub. L. 89–358, § 3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered § 3562, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1762 of this title as this section.
1966—Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title.
1964—Subsec. (a). Pub. L. 88–361 inserted “whether eligibility is based upon the death or upon the total permanent disability of the parent”.