38 U.S.C. § 3563 — Notification of eligibility

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 coun- seling’’ for ‘‘may provide or require additional coun- seling’’. 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 pro- vided 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). 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. § 3562. Nonduplication of benefits The commencement of a program of education or special restorative training under this chap- ter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity com- pensation, 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, depend- ency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total perma- nent 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; re- numbered § 3562, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1762 of this title as this section. 1966—Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allow- ance or special training allowance on behalf of any eli- gible person for any period paid for under other provi- sion of law where the payment would constitute a du- plication of benefits and which is now incorporated in section 1781 of this title. 1964—Subsec. (a). Pub. L. 88–361 inserted ‘‘whether eli- gibility is based upon the death or upon the total per- manent disability of the parent’’. § 3563. Notification of eligibility The Secretary shall notify the parent or guardian of each eligible person whose eligi- bility 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 notifica- tion shall be provided not later than the month in which such eligible person attains such per- son’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.) Editorial Notes AMENDMENTS 2006—Pub. 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 ef- fect. 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 dis- Page 802 TITLE 38—VETERANS’ BENEFITS § 3564 ability 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 per- son whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the cat- egories 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. 1991—Pub. L. 102–83 renumbered section 1763 of this title as this section and substituted ‘‘3501(a)(1)(A)’’ for ‘‘1701(a)(1)(A)’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. 1982—Pub. L. 97–295 substituted ‘‘of this title’’ for ‘‘of this chapter’’. 1976—Pub. L. 94–502 substituted ‘‘such person’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(b)(5) of Pub. L. 109–461 ap- plicable with respect to a payment of educational as- sistance 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 Effec- tive Date note under section 3693 of this title. § 3564. Annual adjustment of amounts of edu- cational assistance (a) With respect to any fiscal year, the Sec- retary 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 be- ginning of the fiscal year for which the in- crease 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.) Editorial Notes AMENDMENTS 2003—Pub. L. 108–183 designated existing provisions as subsec. (a), struck out ‘‘(rounded to the nearest dol- lar)’’ after ‘‘percentage increase’’, and added subsec. (b). Statutory Notes and Related Subsidiaries 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 sub- section, shall take effect on October 1, 2001.’’ SUBCHAPTER VII—PHILIPPINE COMMON- WEALTH ARMY AND PHILIPPINE SCOUTS § 3565. Children of certain Philippine veterans (a) BASIC ELIGIBILITY.—The term ‘‘eligible per- son’’ as used in section 3501(a)(1) of this title in- cludes 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. (b) ADMINISTRATIVE PROVISIONS.—The provi- sions of this chapter and chapter 36 shall apply to the educational assistance for children of Commonwealth Army veterans and ‘‘New’’ Phil- ippine Scouts, except that— (1) educational assistance allowances au- thorized by section 3532 of this title and the special training allowance authorized by sec- tion 3542 of this title shall be paid at the rate of $0.50 for each dollar, and (2) any reference to a State approving agen- cy shall be deemed to refer to the Secretary. (c) DELIMITING DATES.—In the case of any indi- vidual 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 shall not end until the expiration of the five- year period which begins on September 30, 1966. (Added Pub. L. 89–613, § 1, Sept. 30, 1966, 80 Stat. 861, § 1765; amended Pub. L. 91–24, § 9(c), June 11, 1969, 83 Stat. 34; Pub. L. 97–295, § 4(47), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renum- bered § 3565 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title V, § 507(b), Nov. 2, 1994, 108 Stat. 4664; Pub. L. 109–233, title V, § 503(8)(A), June 15, 2006, 120 Stat. 416.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–233 revised style of subsec. headings. 1994—Subsec. (b)(1). Pub. L. 103–446 substituted ‘‘the rate of’’ for ‘‘a rate in Philippine pesos equivalent to’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1765 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3501(a)(1)’’ for ‘‘1701(a)(1)’’ and ‘‘3566’’ for ‘‘1766’’. Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3532’’ for ‘‘1732’’ and ‘‘3542’’ for ‘‘1742’’. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3512’’ for ‘‘1712’’. 1989—Subsec. (b)(2). Pub. L. 101–237 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1982—Subsec. (a). Pub. L. 97–295 inserted ‘‘of this title’’ after ‘‘section 1766’’. 1969—Subsec. (c). Pub. L. 91–24 substituted ‘‘Sep- tember 30, 1966’’ for ‘‘the date of enactment of this sec- tion’’ and ‘‘September 30, 1966’’ for ‘‘the date of enact- ment of such section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–446 applicable with re- spect to payments made after Dec. 31, 1994, see section