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Title 38 — Veterans’ Benefits

Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance

§ 3520. Educational and vocational counseling

Statutory text

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, vocational, or professional objectives and in developing their programs of education.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 3520

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1720

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1720

  2. Pub. L. 90–631 § 2(g)(1) · 82 Stat. 1331

    1. Amended · 38 U.S.C. § 3520(a)

      Pub. L. 90–631, § 2(g)(1), (2), designated existing provisions as subsec. (a)

    2. Inserted · 38 U.S.C. § 3520(a)

      Pub. L. 90–631, § 2(g)(1), (2), inserted “for a person eligible within the meaning of section 1701(a)(1)(A)” after “for educational assistance”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 90–631, § 2(g)(1), (2), designated existing provisions as subsec. (a) and inserted “for a person eligible within the meaning of section 1701(a)(1)(A)” after “for educational assistance”.

    Enacted provision · exact public law section
    (1) by inserting “(a)” immediately before the first word thereof,

  3. Pub. L. 90–631 § 2(g)(3) · 82 Stat. 1331

    Added · 38 U.S.C. § 3520(b)

    Pub. L. 90–631, § 2(g)(3), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–631, § 2(g)(3), added subsec. (b).

    Enacted provision · exact public law section
    (3) by adding at the end thereof the following new subsection: “(b) The Administrator may, on request, arrange for educational counseling for persons eligible tor educational assistance under section 1701(a)(1)(B) or (C) of this chapter.”

  4. Pub. L. 91–584 § 4 · 84 Stat. 1575

    Substituted · 38 U.S.C. § 3520(b)

    Pub. L. 91–584 substituted “section 1701(a)(1)(B), (C), or (D)” for “section 1701(a)(1) (B) or (C)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–584 substituted “section 1701(a)(1)(B), (C), or (D)” for “section 1701(a)(1) (B) or (C)”.

    Enacted provision · exact public law section
    Sec. 4. Section 1720(b) of title 38, United States Code, is amended by striking out “section 1701(a)(1)(B) or (C)” and inserting in lieu of thereof “section 1701(a)(1)(B), (C), or (D)”

  5. Vietnam Era Veterans’ Readjustment Assistance Act of 1972

    Pub. L. 92–540 title III § 310 · 86 Stat. 1074

    Inserted · 38 U.S.C. § 3520(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 310. Section 1720 of title 38, United States Code, is amended by 72 Stat. 1195; 82 Stat. 1333. inserting after the first sentence in subsection (a) thereof a new sentence as follows: “Such counseling shall not be required where the eligible person has been accepted for, or is pursuing, courses which lead to a standard college degree, at an approved institution.”

  6. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(10) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3520(a)

    Pub. L. 94–502 substituted “such person’s” for “his” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502 substituted “such person’s” for “his” in two places.

    Enacted provision · exact public law section
    (10) by striking out in section 1720(a) “his” each time it 38 USC 1720. appears and inserting in lieu thereof “such person’s”;

  7. Veterans’ Rehabilitation and Education Amendments of 1980

    Pub. L. 96–466 title III § 323(a) · 94 Stat. 2171

    1. Substituted · 38 U.S.C. § 3520(a)

      Pub. L. 96–466 substituted “the Administrator may, upon request, arrange for” for “the Administrator shall arrange for, and the eligible person shall take advantage of,”

    2. Struck · 38 U.S.C. § 3520(a)

      Pub. L. 96–466 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 degree, at an approved institution

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466 substituted “the Administrator 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 degree, at an approved institution.

    Enacted provision · exact public law section
    (a) Section 1720(a) is amended by— (1) striking out “shall arrange for, and the eligible person shall take advantage of,” and inserting in lieu thereof ’‘may, upon request, arrange for”; and (2) striking out the second sentence.

    Effective date note
    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.

  8. Pub. L. 97–295 § 4(45)(A) · 96 Stat. 1287

    Inserted · 38 U.S.C. § 3520(a)

    Pub. L. 97–295, § 4(45)(A), inserted “of this title” after “section 1701(a)(1)(A)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295, § 4(45)(A), inserted “of this title” after “section 1701(a)(1)(A)”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “of this title” after “section 1701(a)(1)(A)”; and

  9. Pub. L. 97–295 § 4(45)(B) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3520(b)

    Pub. L. 97–295, § 4(45)(B), substituted “of this title” for “of this chapter”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–295, § 4(45)(B), substituted “of this title” for “of this chapter”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking out “of this chapter” and substituting “of this title”.

  10. Pub. L. 99–576 title III § 314(a) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 3520

      Pub. L. 99–576 substituted “Educational and vocational counseling” for “Development of educational plan” in section catchline

    2. Amended · 38 U.S.C. § 3520

      Pub. L. 99–576 amended text generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Pub. L. 99–576 substituted “Educational and vocational 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 Administrator may, upon request, arrange for educational or vocational counseling to assist the parent or guardian and the eligible person in selecting such person’s educational, vocational, or professional objective and in developing such person’s program of education. During, 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 educational institutions at which such program would be pursued, an estimate of the sum which would be required for tuition and fees in completion of such program, 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 educational assistance under section 1701(a)(1)(B), (C), or (D) of this title.”

    Enacted provision · exact public law section
    (a) In General.— Section 1720 is amended to read as follows: “§ 1720. Educational and vocational counseling “The Administrator 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, vocational, or professional objectives and in developing their programs of education.”.

  11. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3520

    Pub. L. 101–237 substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

  12. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3520

    Pub. L. 102–83 renumbered section 1720 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1720 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

14 of 15 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1968–1991 · 9 rounds

1991

Pub. L. 102–83 renumbered section 1720 of this title as this section.

1989

Pub. L. 101–237 substituted “Secretary” for “Administrator”.

1986

Pub. L. 99–576 substituted “Educational and vocational 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 Administrator may, upon request, arrange for educational or vocational counseling to assist the parent or guardian and the eligible person in selecting such person’s educational, vocational, or professional objective and in developing such person’s program of education. During, 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 educational institutions at which such program would be pursued, an estimate of the sum which would be required for tuition and fees in completion of such program, 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 educational 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 Administrator 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 degree, 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), designated 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 , 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 , see section 703(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 , see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.

Credits

1958–1991 · 10 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1195, § 1720
  2. 1968Pub. L. 90–631, § 2(g), , 82 Stat. 1333
  3. 1970Pub. L. 91–584, § 4, , 84 Stat. 1576
  4. 1972Pub. L. 92–540, title III, § 310, , 86 Stat. 1083
  5. 1976Pub. L. 94–502, title III, § 310(10), , 90 Stat. 2391
  6. 1980Pub. L. 96–466, title III, § 323(a), , 94 Stat. 2196
  7. 1982Pub. L. 97–295, § 4(45), , 96 Stat. 1308
  8. 1986Pub. L. 99–576, title III, § 314(a), , 100 Stat. 3273
  9. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  10. 1991renumbered § 3520, Pub. L. 102–83, § 5(a), , 105 Stat. 406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1195, § 1720; Pub. L. 90–631, § 2(g), , 82 Stat. 1333; Pub. L. 91–584, § 4, , 84 Stat. 1576; Pub. L. 92–540, title III, § 310, , 86 Stat. 1083; Pub. L. 94–502, title III, § 310(10), , 90 Stat. 2391; Pub. L. 96–466, title III, § 323(a), , 94 Stat. 2196; Pub. L. 97–295, § 4(45), , 96 Stat. 1308; Pub. L. 99–576, title III, § 314(a), , 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3520, Pub. L. 102–83, § 5(a), , 105 Stat. 406.)

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