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38 U.S.C. § 1761 to 1764 — Repealed. Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958]

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1761 to 1764 — Repealed. Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958]

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Stable record: federal_law:legal_authorities:record_usc_fbc2250145552f9544b03364
Source file: Laws/federal/codes/united-states-code/title-38/section-1761-to-1764-38-u-s-c-1761-to-1764-repealed-pub-l-102585-title-v-514-a-nov-4-1992-106--580a5dd9a8.md
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Source location: Title 38, Chapter 17, § 1761 to 1764; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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### 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 preventive health-care services under this subchapter. Prior section 1763 was renumbered [section 3563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3563&num=0&edition=prelim). Another prior section 1763, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for control by agencies of the United States, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See [section 3682 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3682&num=0&edition=prelim). Section 1764, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 53, § 664; amended Pub. L. 98–160, title I, § 106(d), Nov. 21, 1983, 97 Stat. 999; renumbered § 1764 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406, directed Secretary to include comprehensive reports on administration of this subchapter in annual reports to Congress for fiscal years 1984 through 1988. Prior section 1764, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for dismissal for conflict of interest, prior to repeal by Pub. L. 89–358, §§ 3(a)(3), 12(a), Mar. 3, 1966, 80 Stat. 20, 28, effective Mar. 3, 1966. See [section 3683 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3683&num=0&edition=prelim). Prior section 1765 was renumbered [section 3565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3565&num=0&edition=prelim). Another prior section 1765, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, provided for reports by institutions, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See [section 3684 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3684&num=0&edition=prelim). Prior section 1766 was renumbered [section 3566 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3566&num=0&edition=prelim). Another prior section 1766, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to overpayments to eligible persons, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. See [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim). Prior section 1767, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to examination of records, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. Prior section 1768, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to false or misleading statements, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar. 3, 1966, 80 Stat. 20. A prior section 1770 was renumbered [section 3670 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3670&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3684 — Reports by veterans, eligible persons, and institutions; reporting fee

**(a)** (1) Except as provided in paragraph (2) of this subsection, the veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of this title shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school. (2) (A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program. (B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls. (3) (A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond t

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1/C&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3683 — Conflicting interests

**(a) Department Officers and Employees.—** (1) An officer or employee of the Department shall receive corrective action or disciplinary action if such officer or employee— (A) has, while serving as such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, any educational institution operated for profit; or (B) has, while serving as a covered officer or employee of the Department, received any service from any educational institution operated for profit. (2) In this subsection, the term “covered officer or employee of the Department” means an officer or employee of the Department who— (A) works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or (B) has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary. **(b) State Approving Agency Employees.—** If the Secretary finds that any person who is an officer or employee of a State approving agency has, while such person was such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, an educational institution operated for profit, the Secretary shall discontinue making payments under [section 3674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674&num=0&edition=prelim) to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to provide corrective action or disciplinary action with respect to such person and such payments shall not be resumed until the completion of such corrective action or disciplinary action. **(c) Disapproval of Courses.—** A State approving agency shall not approve any course

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3566 — Definitions

**(a)** The term “Commonwealth Army veterans” means persons who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable. **(b)** The term “ ‘New’ Philippine Scouts” means Philippine Scouts who served under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3670 — Scope of approval

**(a)** A course approved under and for the purposes of this chapter shall be deemed approved for the purposes of chapters 34 and 35 of this title. **(b)** Any course approved under chapter 33 of this title, prior to February 1, 1965, under subchapter VII of chapter 35 of this title, prior to March 3, 1966, and not disapproved under section 3483, section 1656 (as in effect prior to February 1, 1965), or [section 3679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3679&num=0&edition=prelim), shall be deemed approved for the purposes of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3561 — Authority and duties of Secretary

**(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

38 U.S.C. § 3565 — Children of certain Philippine veterans

**(a) Basic Eligibility.—** The term “eligible person” as used in [section 3501(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim) includes the children of those Commonwealth Army veterans and “New” Philippine Scouts who meet the requirements of service-connected disability or death, based on service as defined in [section 3566 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3566&num=0&edition=prelim). **(b) Administrative Provisions.—** The provisions of this chapter and chapter 36 shall apply to the educational assistance for children of Commonwealth Army veterans and “New” Philippine Scouts, except that— (1) educational assistance allowances authorized by [section 3532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3532&num=0&edition=prelim) and the special training allowance authorized by [section 3542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3542&num=0&edition=prelim) shall be paid at the rate of $0.50 for each dollar, and (2) any reference to a State approving agency shall be deemed to refer to the Secretary. **(c) Delimiting Dates.—** In the case of any individual who is an eligible person solely by virtue of subsection (a) of this section, and who is above the age of seventeen years and below the age of twenty-three years on September 30, 1966, the period referred to in [section 3512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3512&num=0&edition=prelim) shall not end until the expiration of the five-year period which begins on September 30, 1966.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3682 — Control by agencies of the United States

Except as provided in [section 3674A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674a&num=0&edition=prelim), no department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency, or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education under this chapter or chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3685 — Overpayments to eligible persons or veterans

**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States. **(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if— (1) the Secretary finds that the overpayment has been made as the result of— (A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or (B) the willful or negligent false certification by an educational institution; or (2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to— (A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim); (B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or (C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or (D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim). **(c)** Any overpayment referred to in subsection (a) or (b) of this sect

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