38 U.S.C. § 3537 — Work-study allowance

Page 797 TITLE 38—VETERANS’ BENEFITS § 3537 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–183 effective July 1, 2004, and applicable with respect to educational assistance allowances payable under this chapter and section 3687(b)(2) of this title for months beginning on or after that date, see section 302(e) of Pub. L. 108–183, set out as a note under section 3532 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–103 effective Jan. 1, 2002, and applicable with respect to educational assistance allowances payable under this chapter and section 3687(b)(2) of this title for months beginning on or after that date, see section 102(e) of Pub. L. 107–103, set out as a note under section 3532 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective Nov. 1, 2000, and applicable with respect to educational assistance allowances paid under this chapter for months after Oc- tober 2000, see section 111(e) of Pub. L. 106–419, set out as a note under section 3532 of this title. EFFECTIVE DATE OF 1998 AMENDMENTS Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways. Amendment by Pub. L. 105–178 effective Oct. 1, 1998, and applicable with respect to educational assistance allowances paid for months after Sept. 1998, see section 8210(e) of Pub. L. 105–178, set out as a note under section 3532 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–237 effective Jan. 1, 1990, see section 403(c) of Pub. L. 101–237, set out as a note under section 3532 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3535. Approval of courses An eligible person shall receive the benefits of this chapter while enrolled in a course of edu- cation offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I 1 of chapter 36 of this title, or (2) is approved for the enroll- ment of the particular individual under the pro- visions 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.) Editorial Notes REFERENCES IN TEXT Subchapter I of chapter 36 of this title, referred to in text, was redesignated subchapter II (§ 3670 et seq.) of chapter 36 of this title by Pub. L. 117–333, § 2(a)(1), Jan. 5, 2023, 136 Stat. 6122. AMENDMENTS 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 introduc- tory 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 per- son’’, ‘‘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 incor- porated 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 ‘‘eli- gible 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 Adminis- trator, after the expiration date of all education and training under chapter 33 of this title, for the approval of any additional courses. § 3536. Specialized vocational training courses The Secretary may approve a specialized course of vocational training leading to a pre- determined vocational objective for the enroll- ment of an eligible person under this subchapter if the Secretary finds that such course, either alone or when combined with other courses, con- stitutes a program of education which is suit- able 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; re- numbered § 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.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1736 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1976—Pub. L. 94–502 substituted ‘‘if the Administrator finds’’ for ‘‘if he finds’’. 1963—Pub. L. 88–126 substituted ‘‘The’’ for ‘‘Notwith- standing the provisions of subsections (b) and (c) of sec- tion 1735 of this title, the’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 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 Page 798 TITLE 38—VETERANS’ BENEFITS [§ 3538 1 See References in Text note below. 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 allow- ance shall be determined in accordance with sec- tion 3485(a) of this title. (b) The Secretary’s utilization of, and pay- ment 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 re- quirements, terms, and conditions as are set out in section 3485 of this title with regard to indi- viduals 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.) Editorial Notes AMENDMENTS 2001—Subsec. (a). Pub. L. 107–14 substituted ‘‘herein- after’’ 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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.’’ [§ 3538. Vacant] Editorial Notes CODIFICATION 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 edu- cational assistance allowances, was repealed by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174. SUBCHAPTER V—SPECIAL RESTORATIVE TRAINING § 3540. Purpose The purpose of special restorative training is to overcome, or lessen, the effects of a manifest physical or mental disability which would hand- icap 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 subpara- graph) 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.) Editorial Notes REFERENCES IN TEXT Such section, referred to in text, probably means sec- tion 3501(a)(1) of this title. See 2006 Amendment note below. AMENDMENTS 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 ef- fect. 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 per- son made eligible under subparagraph (C) of such sec- tion by reason of a spouse being listed in one of the cat- egories referred to in that subparagraph)’’ for ‘‘(as de- fined 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 ‘‘sec- tion 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 ap- plicable with respect to a payment of educational as- sistance 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. EFFECTIVE DATE OF 1980 AMENDMENT 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. § 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 Sec- retary, may contain elements that would con- tribute toward an ultimate objective of a pro- gram of education. (b) The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of enti- tlement as established in section 3511 of this title, except that the Secretary may extend such