[USC02] 38 USC PART III, CHAPTER 35, SUBCHAPTER VI: MISCELLANEOUS PROVISIONS
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38 USC PART III, CHAPTER 35, SUBCHAPTER VI: MISCELLANEOUS PROVISIONS
From Title 38—VETERANS' BENEFITSPART III—READJUSTMENT AND RELATED BENEFITSCHAPTER 35—SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS

§3561. Authority and duties of Secretary

(a) The Secretary may provide the educational and vocational counseling authorized under section 3520 of this title, and may provide additional counseling if the Secretary deems it to be necessary to accomplish the purposes of this chapter.

(b) Where any provision of this chapter authorizes or requires any function, power, or duty to be exercised by a State, or by any officer or agency thereof, such function, power, or duty shall, with respect to the Republic of the Philippines, be exercised by the Secretary.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, §1761; Pub. L. 89–358, §3(a)(1), Mar. 3, 1966, 80 Stat. 19; Pub. L. 94–502, title III, §310(23), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 96–466, title III, §323(b), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3561 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Amendments

1991Pub. L. 102–83, §5(a), renumbered section 1761 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3520" for "1720".

1989Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

1980—Subsec. (a). Pub. L. 96–466 substituted "authorized" for "required" and "may provide additional counseling" for "may provide or require additional counseling".

1976—Subsec. (a). Pub. L. 94–502 substituted "if the Administrator deems" for "if he deems".

1966—Subsec. (a). Pub. L. 89–358 redesignated subsec. (b) as (a) and struck out provisions of former subsec. (a) for audit and review of payments by the GAO as provided by Budget and Accounting Act of 1921 and Budget and Accounting Procedures Act of 1950.

Subsec. (b). Pub. L. 89–358 redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 89–358 struck out subsec. (c) which provided for use of other Federal agencies. See now, section 1790 of this title.

Subsec. (d). Pub. L. 89–358 redesignated subsec. (d) as (b).

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.

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 Effective Date note under section 3693 of this title.

§3562. Nonduplication of benefits

The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, §1762; Pub. L. 88–361, §4, July 7, 1964, 78 Stat. 298; Pub. L. 89–358, §3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered §3562, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Amendments

1991Pub. L. 102–83 renumbered section 1762 of this title as this section.

1966Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title.

1964—Subsec. (a). Pub. L. 88–361 inserted "whether eligibility is based upon the death or upon the total permanent disability of the parent".

§3563. Notification of eligibility

The Secretary shall notify the parent or guardian of each eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title of the educational assistance available to such person under this chapter. Such notification shall be provided not later than the month in which such eligible person attains such person's thirteenth birthday or as soon thereafter as feasible.

(Added Pub. L. 91–219, title II, §207(a), Mar. 26, 1970, 84 Stat. 82, §1763; amended Pub. L. 94–502, title III, §310(24), Oct. 15, 1976, 90 Stat. 2392; Pub. L. 97–295, §4(46), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3563 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–444, §3(b)(5), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109–461, title III, §301(b)(5), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468.)

Amendments

2006Pub. 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)(5), substituted "each eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "each eligible person defined in section 3501(a)(1)(A) of this title".

Pub. L. 109–444, which substituted "each eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title" for "each eligible person defined in section 3501(a)(1)(A) of this title", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

1991Pub. L. 102–83 renumbered section 1763 of this title as this section and substituted "3501(a)(1)(A)" for "1701(a)(1)(A)".

1989Pub. L. 101–237 substituted "Secretary" for "Administrator".

1982Pub. L. 97–295 substituted "of this title" for "of this chapter".

1976Pub. L. 94–502 substituted "such person's" for "his".

Effective Date of 2006 Amendment

Amendment by section 301(b)(5) 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.

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 Effective Date note under section 3693 of this title.

§3564. Annual adjustment of amounts of educational assistance

(a) With respect to any fiscal year, the Secretary shall provide a percentage increase in the rates payable under sections 3532, 3534(b), and 3542(a) of this title equal to the percentage by which—

(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).


(b) Any increase under subsection (a) in a rate with respect to a fiscal year after fiscal year 2004 and before fiscal year 2014 shall be rounded down to the next lower whole dollar amount. Any such increase with respect to a fiscal year after fiscal year 2013 shall be rounded to the nearest whole dollar amount.

(Added Pub. L. 106–419, title I, §111(f)(1)(A), Nov. 1, 2000, 114 Stat. 1831; amended Pub. L. 108–183, title III, §304(b), Dec. 16, 2003, 117 Stat. 2660.)

Amendments

2003Pub. L. 108–183 designated existing provisions as subsec. (a), struck out "(rounded to the nearest dollar)" after "percentage increase", and added subsec. (b).

Effective Date

Pub. L. 106–419, title I, §111(f)(3), Nov. 1, 2000, 114 Stat. 1831, as amended by Pub. L. 107–14, §8(b)(1), June 5, 2001, 115 Stat. 36, provided that: "Sections 3564 and 3687(d) of title 38, United States Code, as added by this subsection, shall take effect on October 1, 2001."