38 U.S.C. § 3514 — Processing of applications

Page 788 TITLE 38—VETERANS’ BENEFITS § 3514 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1976—Pub. L. 94–502 inserted reference to eligible per- son who have attained legal majority and substituted ‘‘the Administrator shall approve’’ for ‘‘he shall ap- prove’’. 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. § 3514. Processing of applications (a) Further processing of an application for educational assistance and the award of such as- sistance shall be pursuant to the requirements of subchapters III and IV of this chapter unless the parent or guardian requests special restora- tive training for the eligible person, in which case the application will be processed under sub- chapter V of this chapter. (b) If the request for special restorative train- ing is approved, educational assistance will be afforded pursuant to the terms of subchapter V of this chapter. If the request for special restor- ative training is disapproved, or if approved the restorative training is completed or discon- tinued, any educational assistance subsequently afforded will be in accordance with subchapters III and IV of this chapter. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1714; renumbered § 3514, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1714 of this title as this section. SUBCHAPTER III—PROGRAM OF EDUCATION § 3520. Educational and vocational counseling 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, vo- cational, or professional objectives and in devel- oping their programs of education. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1720; Pub. L. 90–631, § 2(g), Oct. 23, 1968, 82 Stat. 1333; Pub. L. 91–584, § 4, Dec. 24, 1970, 84 Stat. 1576; Pub. L. 92–540, title III, § 310, Oct. 24, 1972, 86 Stat. 1083; Pub. L. 94–502, title III, § 310(10), Oct. 15, 1976, 90 Stat. 2391; Pub. L. 96–466, title III, § 323(a), Oct. 17, 1980, 94 Stat. 2196; Pub. L. 97–295, § 4(45), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 99–576, title III, § 314(a), Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3520, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1720 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. 1986—Pub. L. 99–576 substituted ‘‘Educational and vo- cational counseling’’ for ‘‘Development of educational plan’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘(a) Upon provisional approval of an application for educational assistance for a person eligible within the meaning of section 1701(a)(1)(A) of this title, the Ad- ministrator may, upon request, arrange for educational or vocational counseling to assist the parent or guard- ian and the eligible person in selecting such person’s educational, vocational, or professional objective and in developing such person’s program of education. Dur- ing, or after, such counseling, the parent or guardian shall prepare for the eligible person an educational plan which shall set forth the selected objective, the proposed program of education, a list of the edu- cational institutions at which such program would be pursued, an estimate of the sum which would be re- quired for tuition and fees in completion of such pro- gram, and such other information as the Administrator shall require. This educational plan shall be signed by the parent or guardian and shall become an integral part of the application for educational assistance under this chapter. ‘‘(b) The Administrator may, on request, arrange for educational counseling for persons eligible for edu- cational assistance under section 1701(a)(1)(B), (C), or (D) of this title.’’ 1982—Subsec. (a). Pub. L. 97–295, § 4(45)(A), inserted ‘‘of this title’’ after ‘‘section 1701(a)(1)(A)’’. Subsec. (b). Pub. L. 97–295, § 4(45)(B), substituted ‘‘of this title’’ for ‘‘of this chapter’’. 1980—Subsec. (a). Pub. L. 96–466 substituted ‘‘the Ad- ministrator may, upon request, arrange for’’ for ‘‘the Administrator shall arrange for, and the eligible person shall take advantage of,’’ and struck out provision that educational or vocational counseling not be required where the eligible person has been accepted for, or is pursuing, courses which lead to a standard college de- gree, at an approved institution. 1976—Subsec. (a). Pub. L. 94–502 substituted ‘‘such person’s’’ for ‘‘his’’ in two places. 1972—Subsec. (a). Pub. L. 92–540 inserted provisions exempting the eligible person from counseling where such person has been accepted for, or is pursuing, courses which lead to a standard college degree at an approved institution. 1970—Subsec. (b). Pub. L. 91–584 substituted ‘‘section 1701(a)(1)(B), (C), or (D)’’ for ‘‘section 1701(a)(1) (B) or (C)’’. 1968—Subsec. (a). Pub. L. 90–631, § 2(g)(1), (2), des- ignated existing provisions as subsec. (a) and inserted ‘‘for a person eligible within the meaning of section 1701(a)(1)(A)’’ after ‘‘for educational assistance’’. Subsec. (b). Pub. L. 90–631, § 2(g)(3), added subsec. (b). Statutory Notes and Related Subsidiaries 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 Effec- tive Date note under section 3693 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title. § 3521. Approval of application The Secretary shall approve an application if the Secretary finds that—