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Title 38 — Veterans’ Benefits

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

§ 3543. Special administrative provisions

Statutory text

(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).

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. § 3543

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1743

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1743

  2. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(22) · 90 Stat. 2383

    1. Substituted · 38 U.S.C. § 3543(a)

      Pub. L. 94–502 substituted “the Administrator’s” for “his”

    2. Substituted · 38 U.S.C. § 3543(a)

      Pub. L. 94–502 substituted “the Administrator may agree” for “he may agree”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502 substituted “the Administrator’s” for “his” and “the Administrator may agree” for “he may agree”.

    Enacted provision · exact public law section
    (22) by striking out in subsections (a) and (b) of section 1743 “his” and “he” each time they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively;

    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.

  3. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(22) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3543(b)

    Pub. L. 94–502 substituted “the Administrator may deem” for “he may deem”

    Source evidence

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

    Enacted provision · exact public law section
    (22) by striking out in subsections (a) and (b) of section 1743 “his” and “he” each time they appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively;

    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

    1. Substituted · 38 U.S.C. § 3543

      Pub. L. 101–237 substituted “Secretary’s” for “Administrator’s” wherever appearing in subsecs. (a) and (b)

    2. Substituted · 38 U.S.C. § 3543

      Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary’s” for “Administrator’s” in subsec. (a) and “Secretary” for “Administrator” wherever appearing in subsecs. (a) and (b).

    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. § 3543

    Pub. L. 102–83 renumbered section 1743 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1743 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. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 109(b)(3) · 115 Stat. 976

    Substituted · 38 U.S.C. § 3543(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (3) The second sentence of section 3543(a) is amended by striking “the parent or guardian for the training provided to an eligible person” and inserting “for the training provided to the eligible person”.

  7. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 109(b)(4) · 115 Stat. 976

    Added · 38 U.S.C. § 3543(c)

    Pub. L. 107–103, § 109(b)(4), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–103, § 109(b)(4), added subsec. (c).

    Enacted provision · exact public law section
    (4) Section 3543 is amended by adding at the end the following new subsection: “(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).”.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1976–2001 · 4 rounds

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”.

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.

Credits

1958–2001 · 5 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1200, § 1743
  2. 1976Pub. L. 94–502, title III, § 310(22), , 90 Stat. 2392
  3. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), , 103 Stat. 2092
  4. 1991renumbered § 3543, Pub. L. 102–83, § 5(a), , 105 Stat. 406
  5. 2001amended Pub. L. 107–103, title I, § 109(b)(3), (4), , 115 Stat. 986.
Show as published

(Pub. L. 85–857, , 72 Stat. 1200, § 1743; Pub. L. 94–502, title III, § 310(22), , 90 Stat. 2392; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), , 103 Stat. 2092; renumbered § 3543, Pub. L. 102–83, § 5(a), , 105 Stat. 406; amended Pub. L. 107–103, title I, § 109(b)(3), (4), , 115 Stat. 986.)

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