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Title 38 — Veterans’ Benefits

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

§ 3561. Authority and duties of Secretary

Statutory text

(a)

The Secretary may provide the educational and vocational counseling authorized under section 3520 of this title, and may provide additional counseling if the Secretary deems it to be necessary to accomplish the purposes of this chapter.

(b)

Where any provision of this chapter authorizes 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 Philippines, be exercised by the Secretary.

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. § 3561

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1761

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1761

  2. Veterans

    Pub. L. 89–358 § 3(a)(1) · 80 Stat. 12

    1. Redesignated · 38 U.S.C. § 3561(a)

      Pub. L. 89–358 redesignated subsec. (b) as (a)

    2. Struck · 38 U.S.C. § 3561(a)

      Pub. L. 89–358 struck out provisions of former subsec. (a) for audit and review of payments by the GAO as provided by Budget and Accounting Act of 1921 and Budget and Accounting Procedures Act of 1950

    Source evidence

    Code amendment note
    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 provided by Budget and Accounting Act of 1921 and Budget and Accounting Procedures Act of 1950.

    Enacted provision · exact public law section
    (1) amending section 1761 thereof to read as follows: “§1761. Authority and duties of Administrator “(a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if he deems it to be necessary to accomplish the purposes of this chapter. “(b) Where any provision of this chapter authorizes 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 Philippines, be exercised by the Administrator.”;

  3. Veterans

    Pub. L. 89–358 § 3(a)(1) · 80 Stat. 12

    Redesignated · 38 U.S.C. § 3561(b)

    Pub. L. 89–358 redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–358 redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).

    Enacted provision · exact public law section
    (1) amending section 1761 thereof to read as follows: “§1761. Authority and duties of Administrator “(a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if he deems it to be necessary to accomplish the purposes of this chapter. “(b) Where any provision of this chapter authorizes 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 Philippines, be exercised by the Administrator.”;

  4. Veterans

    Pub. L. 89–358 § 3(a)(1) · 80 Stat. 12

    Struck · 38 U.S.C. § 3561(c)

    Pub. L. 89–358 struck out subsec. (c) which provided for use of other Federal agencies. See now, section 1790 of this title

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) amending section 1761 thereof to read as follows: “§1761. Authority and duties of Administrator “(a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if he deems it to be necessary to accomplish the purposes of this chapter. “(b) Where any provision of this chapter authorizes 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 Philippines, be exercised by the Administrator.”;

  5. Veterans

    Pub. L. 89–358 § 3(a)(1) · 80 Stat. 12

    Redesignated · 38 U.S.C. § 3561(d)

    Pub. L. 89–358 redesignated subsec. (d) as (b)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 89–358 redesignated subsec. (d) as (b).

    Enacted provision · exact public law section
    (1) amending section 1761 thereof to read as follows: “§1761. Authority and duties of Administrator “(a) The Administrator may provide the educational and vocational counseling required under section 1720 of this title, and may provide or require additional counseling if he deems it to be necessary to accomplish the purposes of this chapter. “(b) Where any provision of this chapter authorizes 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 Philippines, be exercised by the Administrator.”;

  6. Veterans’ Education and Employment Assistance Act of 1976

    Pub. L. 94–502 title III § 310(23) · 90 Stat. 2383

    Substituted · 38 U.S.C. § 3561(a)

    Pub. L. 94–502 substituted “if the Administrator deems” for “if he deems”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–502 substituted “if the Administrator deems” for “if he deems”.

    Enacted provision · exact public law section
    (23) by striking out in section 1761(a) “he” and inserting in lieu thereof “the Administrator”; and

  7. Veterans’ Rehabilitation and Education Amendments of 1980

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

    1. Substituted · 38 U.S.C. § 3561(a)

      Pub. L. 96–466 substituted “authorized” for “required”

    2. Substituted · 38 U.S.C. § 3561(a)

      Pub. L. 96–466 substituted “may provide additional counseling” for “may provide or require additional counseling”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–466 substituted “authorized” for “required” and “may provide additional counseling” for “may provide or require additional counseling”.

    Enacted provision · exact public law section
    (b) Section 1761(a) is amended by— (1) striking out “required” and inserting in lieu thereof “authorized”; and (2) striking out “or require”.

    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. 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. § 3561

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

    Source evidence

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

    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

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

    Changed · 38 U.S.C. § 3561

    Pub. L. 102–83, § 5(a), renumbered section 1761 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1761 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.

  10. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3561(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3520” for “1720”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3520” for “1720”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1966–1991 · 5 rounds

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 “Administrator” wherever appearing.

1980

Subsec. (a). Pub. L. 96–466 substituted “authorized” for “required” and “may provide additional counseling” for “may provide or require additional counseling”.

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 provided 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 , 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.

Credits

1958–1991 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1200, § 1761
  2. 1966Pub. L. 89–358, § 3(a)(1), , 80 Stat. 19
  3. 1976Pub. L. 94–502, title III, § 310(23), , 90 Stat. 2392
  4. 1980Pub. L. 96–466, title III, § 323(b), , 94 Stat. 2196
  5. 1989Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  6. 1991renumbered § 3561 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1200, § 1761; Pub. L. 89–358, § 3(a)(1), , 80 Stat. 19; Pub. L. 94–502, title III, § 310(23), , 90 Stat. 2392; Pub. L. 96–466, title III, § 323(b), , 94 Stat. 2196; Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3561 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406.)

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