38 U.S.C. § 3542 — Special training allowance

Page 799 TITLE 38—VETERANS’ BENEFITS § 3542 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 sec- tion. (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.) Editorial Notes AMENDMENTS 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 ‘‘Ad- ministrator’’ 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 Ad- ministrator to extend the period if he finds additional assistance necessary to accomplish the purpose of spe- cial restorative training. 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. EFFECTIVE DATE OF 1964 AMENDMENT 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.’’ § 3542. Special training allowance (a) While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the eligible person shall be entitled to receive a special training allowance computed at the basic rate of $788 per month. If the charges for tuition and fees applicable to any such course are more than $247 per calendar month, the basic monthly allowance may be in- creased by the amount that such charges exceed $247 a month, upon election by the eligible per- son to have such person’s period of entitlement reduced by one day for each such increased amount of allowance that is equal to one-thir- tieth of the full-time basic monthly rate of spe- cial training allowance. (b) No payments of a special training allow- ance shall be made for the same period for which the payment of an educational assistance allow- ance is made or for any period during which the training is pursued on less than a full-time basis. (c) Full-time training for the purpose of this section shall be determined by the Secretary with respect to the capacities of the individual trainee. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1742; Pub. L. 89–222, § 2, Sept. 30, 1965, 79 Stat. 896; Pub. L. 91–219, title I, § 104(c), Mar. 26, 1970, 84 Stat. 78; Pub. L. 92–540, title I, § 103(4), Oct. 24, 1972, 86 Stat. 1076; Pub. L. 93–508, title I, § 103(4), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, § 204(b), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title III, § 301(2), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 95–202, title I, § 103(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96–466, title II, §§ 202(2), 212(2), Oct. 17, 1980, 94 Stat. 2188, 2190; Pub. L. 98–543, title II, § 203(2), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101–237, title IV, §§ 403(a)(10), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered § 3542, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8210(c), as added Pub. L. 105–206, title IX, § 9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106–419, title I, § 111(c), Nov. 1, 2000, 114 Stat. 1830; Pub. L. 107–103, title I, §§ 102(c), 109(b)(2), Dec. 27, 2001, 115 Stat. 978, 986; Pub. L. 108–183, title III, § 302(c), Dec. 16, 2003, 117 Stat. 2659.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–183 substituted ‘‘$788’’ for ‘‘$670’’ and substituted ‘‘$247’’ for ‘‘$210’’ in two places. 2001—Subsec. (a). Pub. L. 107–103, § 109(b)(2), sub- stituted ‘‘the eligible person shall be entitled to re- ceive’’ for ‘‘the parent or guardian shall be entitled to receive on behalf of such person’’ and ‘‘upon election by the eligible person’’ for ‘‘upon election by the parent or guardian of the eligible person’’. Pub. L. 107–103, § 102(c), substituted ‘‘$670’’ for ‘‘$588’’ and substituted ‘‘$210’’ for ‘‘$184’’ in two places. 2000—Subsec. (a). Pub. L. 106–419 substituted ‘‘$588’’ for ‘‘$485’’, ‘‘$184’’ for ‘‘$152’’ in two places, and ‘‘such increased amount of allowance that is equal to one- thirtieth of the full-time basic monthly rate of special training allowance’’ for ‘‘$16.16 that the special train- ing allowance paid exceeds the basic monthly allow- ance’’. 1998—Subsec. (a). Pub. L. 105–178, § 8210(c), as added by Pub. L. 105–206, § 9014(b), substituted ‘‘$485’’ for ‘‘$404’’ and ‘‘$16.16’’ for ‘‘$13.46’’ and substituted ‘‘$152’’ for ‘‘$127’’ in two places. 1991—Pub. L. 102–83 renumbered section 1742 of this title as this section. 1989—Subsec. (a). Pub. L. 101–237, § 403(a)(10), sub- stituted ‘‘$404’’ for ‘‘$376’’, ‘‘$127’’ for ‘‘$119’’ in two places, and ‘‘$13.46’’ for ‘‘$12.58’’. Subsec. (c). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1984—Subsec. (a). Pub. L. 98–543 substituted ‘‘$376’’ for ‘‘$342’’, ‘‘$119’’ for ‘‘$108’’ in two places, and ‘‘$12.58’’ for ‘‘$11.44’’. 1980—Subsec. (a). Pub. L. 96–466, § 212(2), substituted ‘‘$342’’ for ‘‘$327’’, ‘‘$108’’ for ‘‘$103’’ in two places, and ‘‘$11.44’’ for ‘‘$10.92’’. Pub. L. 96–466, § 202(2), substituted ‘‘$327’’ for ‘‘$311’’, ‘‘$103’’ for ‘‘$98’’ in two places, and ‘‘$10.92’’ for ‘‘$10.40’’. 1977—Subsec. (a). Pub. L. 95–202 substituted ‘‘$311’’ for ‘‘$292’’, ‘‘$98’’ for ‘‘$92’’ in two places, and ‘‘$10.40’’ for ‘‘$9.76’’. 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘$292’’ for ‘‘$270’’, ‘‘$92’’ for ‘‘$85’’ in two places, and ‘‘$9.76’’ for ‘‘$9.02’’. 1975—Subsec. (a). Pub. L. 93–602 substituted ‘‘$270’’, ‘‘$85’’, ‘‘$85’’, and ‘‘$9.02’’ for ‘‘$260’’, ‘‘$82’’, ‘‘$82’’, and ‘‘$8.69’’, respectively. 1974—Subsec. (a). Pub. L. 93–508 substituted ‘‘behalf of such person’’, ‘‘$260’’, ‘‘$82’’, ‘‘$82’’, and ‘‘$8.69’’ for ‘‘his behalf a’’, ‘‘$220’’, ‘‘$69’’, ‘‘$69’’, and ‘‘$7.35’’, respec- tively. 1972—Subsec. (a). Pub. L. 92–540 substituted ‘‘$220’’ for ‘‘$175’’, ‘‘$69’’ for ‘‘$55’’, and ‘‘$7.35’’ for ‘‘$6.80’’, respec- tively. Page 800 TITLE 38—VETERANS’ BENEFITS § 3543 1970—Subsec. (a). Pub. L. 91–219 substituted ‘‘$175’’ for ‘‘$130’’, ‘‘$55’’ for ‘‘$41’’, and ‘‘$6.80’’ for ‘‘$4.25’’, respec- tively. 1965—Subsec. (a). Pub. L. 89–222 substituted ‘‘$130’’, ‘‘$41’’, ‘‘$41’’ and ‘‘$4.25’’ for ‘‘$110’’, ‘‘$35’’, ‘‘$35’’ and ‘‘$3.60’’, respectively. 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 section 102(c) of Pub. L. 107–103 effec- tive Jan. 1, 2002, and applicable with respect to edu- cational assistance allowances payable under this chap- ter and section 3687(b)(2) of this title for months begin- ning 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 September 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 section 403(a)(10) of Pub. L. 101–237 ef- fective 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 1984 AMENDMENT Amendment by Pub. L. 98–543 effective Oct. 1, 1984, see section 205 of Pub. L. 98–543, set out as a note under section 3108 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 202(2) and 212(c) of Pub. L. 96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respec- tively, see section 802(b) of Pub. L. 96–466, set out as a note under section 3482 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 1, 1976, see section 703(a) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–602 effective Jan. 1, 1975, see section 206 of Pub. L. 93–602, set out as a note under section 3482 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–508 effective Sept. 1, 1974, see section 501 of Pub. L. 93–508, set out as a note under section 3482 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–540 effective Oct. 1, 1972, except for those veterans and eligible persons in train- ing on Oct. 24, 1972, see section 601(a) of Pub. L. 92–540, set out as a note under section 3482 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–219 effective Feb. 1, 1970, see section 301 of Pub. L. 91–219, set out as a note under section 3482 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–222 effective first day of second calendar month following September 30, 1965, see section 4 of Pub. L. 89–222, set out as a note under section 3532 of this title. § 3543. Special administrative provisions (a) In carrying out the Secretary’s responsibil- ities under this chapter the Secretary may by agreement arrange with public or private edu- cational institutions or others to provide train- ing arrangements as may be suitable and nec- essary to accomplish the purposes of this sub- chapter. In any instance where the Secretary finds that a customary tuition charge is not ap- plicable, 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 nec- essary 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 be- half 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.) Editorial Notes AMENDMENTS 2001—Subsec. (a). Pub. L. 107–103, § 109(b)(3), sub- stituted ‘‘for the training provided to the eligible per- son’’ for ‘‘the parent or guardian for the training pro- vided 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 Ad- ministrator’s’’ for ‘‘his’’ and ‘‘the Administrator may agree’’ for ‘‘he may agree’’.