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Title 38 — Veterans’ Benefits

Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance

§ 3540. Purpose

Statutory text

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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 3540

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1740

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1740

  2. Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 331 · 94 Stat. 2171

    Inserted · 38 U.S.C. § 3540

    Pub. L. 96–466 inserted “(as defined in section 1701(a)(1)(A) of this title)” after “person”

    Source evidence

    Code amendment note
    Pub. L. 96–466 inserted “(as defined in section 1701(a)(1)(A) of this title)” after “person”.

    Enacted provision · exact public law section
    Sec. 331. eligibility for special restorative training Section 1740 is amended by inserting “(as defined in section 1701(a)(1)(A) of this title)” after “person”.

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3540

    Pub. L. 102–83 renumbered section 1740 of this title as this section and substituted “3501(a)(1)(A)” for “1701(a)(1)(A)”

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1740 of this title as this section and substituted “3501(a)(1)(A)” for “1701(a)(1)(A)”.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title I § 109(a) · 115 Stat. 976

    Substituted · 38 U.S.C. § 3540

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) In General.— Section 3540 is amended by striking “section 3501(a)(1)(A) of this title” and inserting “subparagraphs (A), (B), and CD) of section 3501(a)(1) of this title”.

  5. Pub. L. 109–444 § 3(b)(4) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 3540

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (4) Section 38 USC 3540. 3540 is amended by striking “(as defined in subparagraphs (A), (B), and (D) of section 3501(a)(1) of this title)” and inserting “(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)”.

  6. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 3540

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.

    Effective date note
    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.

  7. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 301(b)(4) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3540

    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)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (4) Section 3540 38 USC 3540. is amended by striking “(as defined in subparagraphs (A), (B), and (D) of section 3501(a)(1) of this title)” and inserting “(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)”.

    Effective date note
    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.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Such section, referred to in text, probably means section 3501(a)(1) of this title. See 2006 Amendment note below.

Amendments1980–2006 · 4 rounds

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

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 , see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective , 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.

Credits

1958–2006 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1200, § 1740
  2. 1980Pub. L. 96–466, title III, § 331, , 94 Stat. 2198
  3. 1991renumbered § 3540 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  4. 2001Pub. L. 107–103, title I, § 109(a), , 115 Stat. 986
  5. 2006Pub. L. 109–444, § 3(b)(4), , 120 Stat. 3307
  6. 2006Pub. L. 109–461, title III, § 301(b)(4), title X, § 1006(b), , 120 Stat. 3427, 3468.
Show as published

(Pub. L. 85–857, , 72 Stat. 1200, § 1740; Pub. L. 96–466, title III, § 331, , 94 Stat. 2198; renumbered § 3540 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 107–103, title I, § 109(a), , 115 Stat. 986; Pub. L. 109–444, § 3(b)(4), , 120 Stat. 3307; Pub. L. 109–461, title III, § 301(b)(4), title X, § 1006(b), , 120 Stat. 3427, 3468.)

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