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Title 38 — Veterans’ Benefits

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

§ 3541. Entitlement to special restorative training

Statutory text

(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.

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. § 3541

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1741

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1741

  2. Pub. L. 88–361 § 6 · 78 Stat. 297

    Changed · 38 U.S.C. § 3541(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 6. Section 1741(b) of title 38, United States Code, is amended to read as follows: “(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 1711 of this title, except that the Administrator may extend such period in the case of any person if he finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of tins section.”

  3. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(21) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3541(b)

    Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–502 substituted “if the Administrator finds” for “if he finds”.

    Enacted provision · exact public law section
    (21) by striking out in section 1741(b) “he” and inserting in lieu thereof “the Administrator”;

    Effective date note
    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.

  4. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3541

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

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

    Changed · 38 U.S.C. § 3541

    Pub. L. 102–83, § 5(a), renumbered section 1741 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1741 of this title as this section.

    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.

  6. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3541(b)

    Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3511” for “1711”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  7. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title I § 109(b)(1) · 115 Stat. 976

    Struck · 38 U.S.C. § 3541(a)

    Pub. L. 107–103 struck out “of the parent or guardian” after “request” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–103 struck out “of the parent or guardian” after “request” in introductory provisions.

    Enacted provision · exact public law section
    (1) Section 3541(a) is amended in the matter preceding paragraph (1) by striking “of the parent or guardian”.

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

Editorial Notes

Amendments1964–2001 · 5 rounds

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.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective , see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1964 Amendment

Pub. L. 88–433, § 2, , 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 .”

Credits

1958–2001 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1200, § 1741
  2. 1964Pub. L. 88–361, § 6, , 78 Stat. 298
  3. 1976Pub. L. 94–502, title III, § 310(21), , 90 Stat. 2392
  4. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  5. 1991renumbered § 3541 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  6. 2001Pub. L. 107–103, title I, § 109(b)(1), , 115 Stat. 986.
Show as published

(Pub. L. 85–857, , 72 Stat. 1200, § 1741; Pub. L. 88–361, § 6, , 78 Stat. 298; Pub. L. 94–502, title III, § 310(21), , 90 Stat. 2392; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3541 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 107–103, title I, § 109(b)(1), , 115 Stat. 986.)

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