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38 U.S.C. § 3561 — Authority and duties of Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may provide the educational and vocational counseling authorized under [section 3520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3520&num=0&edition=prelim), 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.
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Stable record: federal_law:legal_authorities:record_usc_3efe1f3095990ec151b98aa8
Source file: Laws/federal/codes/united-states-code/title-38/section-3561-authority-and-duties-of-secretary--8c0a16bb44.md
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Source location: Title 38, Chapter 35, § 3561; chapter-035-survivors-and-dependents-educational-assistance.md
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**(a)** The Secretary may provide the educational and vocational counseling authorized under [section 3520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3520&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter and chapter 36 of this title—
**(a)**
(1) The term “eligible veteran” means any veteran who—
(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;
(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or
(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.
(2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein.
(3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may, upon request, arrange for educational or vocational counseling for persons eligible for benefits under this chapter to assist such persons in selecting their educational, vocational, or professional objectives and in developing their programs of education.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3520
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program.
Prior section 1761 was renumbered [section 3561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3561&num=0&edition=prelim).
Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. [Section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1762&num=0&edition=prelim) was transferred to [section 1701(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/9&num=0&edition=prelim) by Pub. L. 102–585.
Prior section 1762 was renumbered [section 3562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3562&num=0&edition=prelim).
Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of prev
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1761 to 1764
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Federal law — U.S. Code and appendices · legal_authorities
Page 801
TITLE 38—VETERANS’ BENEFITS
§ 3563
Subsec. (b). Pub. L. 94–502 substituted ‘‘the Adminis-
trator may deem’’ for ‘‘he may deem’’.
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.
SUBCHAPTER VI—MISCELLANEOUS
PROVISIONS
§ 3561. Authority and duties of Secretary
(a) The Secretary may provide the educational
and vocational counseling authorized under sec-
tion 3520 of this title, and may provide addi-
tional counseling if the Secretary deems it to be
necessary to accomplish the purposes of this
chapter.
(b) Where any provision of this chapter au-
thorizes 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 Phil-
ippines, 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; renum-
bered § 3561 and amended Pub. L. 102–83, § 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. 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’’.
1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad-
ministrator’’ wherever appearing.
1980—Subsec. (a). Pub. L. 96–466 substituted ‘‘author-
ized’’ for ‘‘required’’ and ‘‘may provide additional
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3561
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