38 U.S.C. § 3513 — Application

Page 787 TITLE 38—VETERANS’ BENEFITS § 3513 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 1977 AMENDMENT Amendment by Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 304 and 310(7)–(9) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respec- tively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective 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. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. TERMINATION OF ELIGIBILITY PERIOD FOR A WIFE, WIDOW, OR ELIGIBLE PERSON Pub. L. 92–540, title VI, § 604, Oct. 24, 1972, 86 Stat. 1099, as amended by Pub. L. 93–337, § 3, July 10, 1974, 88 Stat. 292, provided that a wife or widow who was eligi- ble to pursue a program of education exclusively by correspondence under section 1786 [now 3686] of this title or entitled to the benefits of section 1733(a) [now 3533(a)] of this title, had 10 years from Oct. 24, 1972, to complete such program of education or receive such benefits and provided that an eligible person, as defined in section 1701(a)(1) [now 3501(a)(1)] of this title, who was entitled to pursue a program of apprenticeship or other on-job training under section 1787 [now 3687] of this title had 10 years from Oct. 24, 1972, to complete such program or training. COMMENCEMENT OF DELIMITING PERIOD IN CASES OF DEATH OR OF SERVICE-CONNECTED TOTAL DISABILITY PERMANENT IN NATURE OCCURRING BEFORE DECEM- BER 1, 1968 Pub. L. 90–631, § 2(f), Oct. 23, 1968, 82 Stat. 1333, as amended Pub. L. 97–66, title VI, § 605(b), Oct. 17, 1981, 95 Stat. 1036, provided that in the case of any person who was an eligible person by reason of section 1701(a)(1)(B) or (D) [now 3501(a)(1)(B) or (D)] of this title, if the date of death or the date of the determination of service- connected total disability permanent in nature of the person from whom eligibility was derived occurred be- fore Dec. 1, 1968, the 10-year delimiting period referred to in subsec. (b)(1) of this section was to run from such date and provided that if the death of the person from whom such eligibility was derived occurred before Dec. 1, 1968, and the date on which the Administrator of Vet- erans’ Affairs determined that such person died of a service-connected disability was later than Dec. 1, 1968, the delimiting period referred to in subsec. (b)(1) of this section was to run from the date on which the Adminis- trator made such determination. TERMINATION OF ELIGIBILITY PERIODS Pub. L. 90–77, title III, § 307(b), Aug. 31, 1967, 81 Stat. 189, provided that anyone made eligible for educational assistance under this chapter by Pub. L. 90–77, and who, on the effective date of Pub. L. 90–77, was below the age of twenty-six, was to remain eligible for said assistance until the expiration of the five year period beginning on the effective date of Pub. L. 90–77 as set out in the Effective Date of 1967 Amendment note under section 101 of this title, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans’ Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one. Pub. L. 89–349, § 2, Nov. 8, 1965, 79 Stat. 1313, provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 89–349, and who was between the ages of seventeen and twenty- three on Nov. 8, 1965, was to remain eligible for said as- sistance until the expiration of the five year period be- ginning on Nov. 8, 1965. Pub. L. 88–361, § 5, July 7, 1964, 78 Stat. 298, provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 88–361, and who was between the ages of seventeen and twenty- three on July 7, 1964, was to remain eligible for said as- sistance until the expiration of the five year period be- ginning on July 7, 1964, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Adminis- trator of Veterans’ Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one. EXTENSION OF PERIOD FOR COMPLETION OF EDUCATION Pub. L. 87–377, § 2, Oct. 4, 1961, 75 Stat. 806, which con- tained a savings clause which granted five years of edu- cational training to certain children in the Philippines, was repealed by Pub. L. 91–24, § 14(d), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebt- edness which may be due the Government as the result of any benefits granted thereunder. CHILDREN OF SPANISH-AMERICAN WAR VETERANS Pub. L. 86–236, § 2, Sept. 8, 1959, 73 Stat. 471, as amend- ed by Pub. L. 87–815, § 2(b), Oct. 15, 1962, 76 Stat. 927, which contained a savings clause which granted five years of educational training to certain children of Spanish-American War veterans, was repealed by Pub. L. 91–24, § 14(b), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits grant- ed thereunder. § 3513. Application The parent or guardian of a person or the eli- gible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an appli- cation to the Secretary which shall be in such form and contain such information as the Sec- retary shall prescribe. If the Secretary finds that the person on whose behalf the application is submitted is an eligible person, the Secretary shall approve the application provisionally. The Secretary shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1713; Pub. L. 94–502, title III, § 305, Oct. 15, 1976, 90 Stat. 2390; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3513, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1713 of this title as this section. 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—