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

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-