US (United States) Code. Title 38. Part III. Chapter 31: Training and rehabilitation for veterans with service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

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-CITE-

38 USC CHAPTER 31 - TRAINING AND REHABILITATION FOR

VETERANS WITH SERVICE-CONNECTED DISABILITIES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-MISC1-

Sec.

3100. Purposes.

3101. Definitions.

3102. Basic entitlement.

3103. Periods of eligibility.

3104. Scope of services and assistance.

3105. Duration of rehabilitation programs.

3106. Initial and extended evaluations; determinations

regarding serious employment handicap.

3107. Individualized vocational rehabilitation plan.

3108. Allowances.

3109. Entitlement to independent living services and

assistance.

3110. Leaves of absence.

3111. Regulations to promote satisfactory conduct and

cooperation.

3112. Revolving fund loans.

3113. Vocational rehabilitation for hospitalized members of

the Armed Forces and veterans.

3114. Vocational rehabilitation outside the United States.

3115. Rehabilitation resources.

3116. Promotion of employment and training opportunities.

3117. Employment assistance.

3118. Personnel training, development, and qualifications.

3119. Rehabilitation research and special projects.

3120. Program of independent living services and assistance.

3121. Veterans' Advisory Committee on Rehabilitation.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1500 to 1521 as 3100 to 3121, respectively.

1986 - Pub. L. 99-576, title III, Sec. 333(b)(7), Oct. 28, 1986,

100 Stat. 3279, substituted "Program" for "Pilot program" in item

1520.

1980 - Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2171, amended chapter generally, substituting in chapter

heading "TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES" for "VOCATIONAL REHABILITATION", in

item 1504 "Scope of services and assistance" for "Subsistence

allowances", in item 1505 "Duration of rehabilitation programs" for

"Leaves of absence", in item 1506 "Initial and extended

evaluations; determinations regarding serious employment handicap"

for "Medical care of trainees", in item 1507 "Individualized

vocational rehabilitation plan" for "Loans to trainees", in item

1508 "Allowances" for "Regulations to promote good conduct", in

item 1509 "Entitlement to independent living services and

assistance" for "Books, supplies, and equipment", in item 1510

"Leaves of absence" for "Vocational rehabilitation for hospitalized

persons", in item 1511 "Regulations to promote satisfactory conduct

and cooperation" for "Training and training facilities", and adding

items 1500 and 1512 to 1521.

1965 - Pub. L. 89-138, Sec. 2(1), Aug. 26, 1965, 79 Stat. 578,

struck out item 1502A, added item 1503, and redesignated former

item 1503 as 1511.

1962 - Pub. L. 87-591, Sec. 2, Aug. 16, 1962, 76 Stat. 394, added

item 1502A.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 106, 109, 113, 1151,

1163, 1524, 1701, 1718, 1724, 3033, 3485, 3674, 3679, 3680, 3680A,

3681, 3684, 3690, 3693, 3695, 3697A, 3748, 4102A, 4213, 5113, 5307,

5313B of this title; title 2 section 905; title 5 section 8525;

title 20 section 1087vv; title 26 sections 25A, 51, 135, 6334;

title 29 section 2913.

-End-

-CITE-

38 USC Sec. 3100 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3100. Purposes

-STATUTE-

The purposes of this chapter are to provide for all services and

assistance necessary to enable veterans with service-connected

disabilities to achieve maximum independence in daily living and,

to the maximum extent feasible, to become employable and to obtain

and maintain suitable employment.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2172, Sec. 1500; renumbered Sec. 3100, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1500 of this title as

this section.

EFFECTIVE DATE

Section 802(a)(1)-(5) of Pub. L. 96-466 provided that:

"(a)(1) Except as provided in paragraph (2), the amendments made

by subsections (a) and (b) of section 101 [enacting this chapter]

shall become effective on April 1, 1981.

"(2) The provisions of sections 1508, 1512, 1516, 1518, 1519,

1520, and 1521 [now 3108, 3112, 3116, 3118, 3119, 3120, and 3121]

of title 38, United States Code, as added by section 101(a), shall

become effective on October 1, 1980.

"(3) Notwithstanding paragraph (2), the provisions of chapter 31

of title 38, United States Code, as in effect on the day before the

date of the enactment of this Act [Oct. 17, 1980] (other than

section 1504, relating to subsistence allowances, and section 1507,

relating to loans [former sections 1504 and 1507 of this title,

respectively]), shall continue in effect until March 31, 1981.

"(4) Effective on October 1, 1980, sections 1504 and 1507 [former

sections 1504 and 1507 of this title] are repealed. During the

period beginning on October 1, 1980, and ending on March 31, 1981,

the provisions of sections 1508 and 1512 [now 3108 and 3112] of

title 38, United States Code, as added by section 101(a), shall

apply to veterans pursuing a program of vocational rehabilitation

training under chapter 31 of such title in the same manner as

sections 1504 and 1507 of such title, respectively, applied to

veterans pursuing a program of vocational rehabilitation training

under such chapter on September 30, 1980.

"(5) Subsection (c) of section 101 [enacting provisions set out

as a note under section 3108 of this title] shall become effective

on October 1, 1980. Subsection (d) of such section [enacting

provisions set out as a note under section 3107 of this title]

shall become effective on the date of the enactment of this Act

[Oct. 17, 1980]."

-End-

-CITE-

38 USC Sec. 3101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3101. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "employment handicap" means an impairment, resulting

in substantial part from a disability described in section

3102(1)(A) of this title, of a veteran's ability to prepare for,

obtain, or retain employment consistent with such veteran's

abilities, aptitudes, and interests.

(2) The term "independence in daily living" means the ability of

a veteran, without the services of others or with a reduced level

of the services of others, to live and function within such

veteran's family and community.

(3) The term "program of education" has the meaning provided in

section 3452(b) of this title.

(4) The term "program of independent living services and

assistance" includes (A) the services provided for in this chapter

that are needed to enable a veteran to achieve independence in

daily living, including such counseling, diagnostic, medical,

social, psychological, and educational services as are determined

by the Secretary to be needed for such veteran to achieve maximum

independence in daily living, and (B) the assistance authorized by

this chapter for such veteran.

(5) The term "rehabilitated to the point of employability" means

rendered employable in an occupation for which a vocational

rehabilitation program has been provided under this chapter.

(6) The term "rehabilitation program" means (A) a vocational

rehabilitation program, or (B) a program of independent living

services and assistance authorized under section 3120 of this title

for a veteran for whom a vocational goal has been determined not to

be currently reasonably feasible.

(7) The term "serious employment handicap" means a significant

impairment, resulting in substantial part from a service-connected

disability rated at 10 percent or more, of a veteran's ability to

prepare for, obtain, or retain employment consistent with such

veteran's abilities, aptitudes, and interests.

(8) The term "vocational goal" means a gainful employment status

consistent with a veteran's abilities, aptitudes, and interests.

(9) The term "vocational rehabilitation program" includes -

(A) the services provided for in this chapter that are needed

for the accomplishment of the purposes of this chapter, including

such counseling, diagnostic, medical, social, psychological,

independent living, economic, educational, vocational, and

employment services as are determined by the Secretary to be

needed -

(i) in the case of a veteran for whom the achievement of a

vocational goal has not been determined not to be currently

reasonably feasible, (I) to determine whether a vocational goal

is reasonably feasible, (II) to improve such veteran's

potential to participate in a program of services designed to

achieve a vocational goal, and (III) to enable such veteran to

achieve maximum independence in daily living, and

(ii) in the case of a veteran for whom the achievement of a

vocational goal is determined to be reasonably feasible, to

enable such veteran to become, to the maximum extent feasible,

employable and to obtain and maintain suitable employment, and

(B) the assistance authorized by this chapter for a veteran

receiving any of the services described in clause (A) of this

paragraph.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2172, Sec. 1501; amended Pub. L. 99-576, title III, Sec.

333(b)(1), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3101 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 104-275, title I, Sec. 101(a), Oct. 9,

1996, 110 Stat. 3323.)

-MISC1-

PRIOR PROVISIONS

Prior section 3101 was renumbered section 5301 of this title.

AMENDMENTS

1996 - Par. (1). Pub. L. 104-275, Sec. 101(a)(1), inserted ",

resulting in substantial part from a disability described in

section 3102(1)(A) of this title," after "impairment".

Par. (6). Pub. L. 104-275, Sec. 101(a)(2), inserted "authorized

under section 3120 of this title" after "assistance".

Par. (7). Pub. L. 104-275, Sec. 101(a)(3), inserted ", resulting

in substantial part from a service-connected disability rated at 10

percent or more," after "impairment".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1501 of this

title as this section.

Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3452(b)" for

"1652(b)".

1989 - Pars. (4), (9)(A). Pub. L. 101-237 substituted "Secretary"

for "Administrator".

1986 - Pars. (6)(B), (9)(A)(i). Pub. L. 99-576 inserted

"currently" after "be".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(j) of Pub. L. 104-275 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [amending this section and sections 3102 to 3109,

3117, 3118, and 3120 of this title] shall take effect on the date

of the enactment of this Act [Oct. 9, 1996].

"(2) The amendments made by subsection (a) (other than paragraph

(2)) [amending this section], subsection (d) (other than

subparagraphs (A) and (B) of paragraph (1)) [amending section 3104

of this title], and subsection (i) [amending section 3120 of this

title] shall only apply with respect to claims of eligibility or

entitlement to services and assistance (including claims for

extension of such services and assistance) under chapter 31 of

title 38, United States Code, received by the Secretary of Veterans

Affairs on or after the date of the enactment of this Act,

including those claims based on original applications, and

applications seeking to reopen, revise, reconsider, or otherwise

adjudicate or readjudicate on any basis claims for services and

assistance under such chapter."

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, as amended, set out as a note under section 3100 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1728, 3695 of this title.

-End-

-CITE-

38 USC Sec. 3102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3102. Basic entitlement

-STATUTE-

A person shall be entitled to a rehabilitation program under the

terms and conditions of this chapter if -

(1) the person -

(A) is -

(i) a veteran who has a service-connected disability rated

at 20 percent or more which was incurred or aggravated in

service on or after September 16, 1940; or

(ii) hospitalized or receiving outpatient medical care,

services, or treatment for a service-connected disability

pending discharge from the active military, naval, or air

service, and the Secretary determines that -

(I) the hospital (or other medical facility) providing

the hospitalization, care, services, or treatment is doing

so under contract or agreement with the Secretary

concerned, or is under the jurisdiction of the Secretary of

Veterans Affairs or the Secretary concerned; and

(II) the person is suffering from a disability which will

likely be compensable at a rate of 20 percent or more under

chapter 11 of this title; and

(B) is determined by the Secretary to be in need of

rehabilitation because of an employment handicap; or

(2) the person is a veteran who -

(A) has a service-connected disability rated at 10 percent

which was incurred or aggravated in service on or after

September 16, 1940; and

(B) is determined by the Secretary to be in need of

rehabilitation because of a serious employment handicap.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2173, Sec. 1502; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-508, title

VIII, Sec. 8021(a), Nov. 5, 1990, 104 Stat. 1388-347; Pub. L.

102-16, Sec. 3(a), Mar. 22, 1991, 105 Stat. 49; renumbered Sec.

3102, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub.

L. 102-568, title IV, Sec. 404(a), Oct. 29, 1992, 106 Stat. 4338;

Pub. L. 104-275, title I, Sec. 101(b), Oct. 9, 1996, 110 Stat.

3323.)

-MISC1-

PRIOR PROVISIONS

Prior section 3102 was renumbered section 5302 of this title.

AMENDMENTS

1996 - Par. (1)(A)(i). Pub. L. 104-275, Sec. 101(b)(1),

substituted "rated at 20 percent or more" for "which is, or but for

the receipt of retired pay would be, compensable at a rate of 20

percent or more under chapter 11 of this title and".

Par. (2)(A). Pub. L. 104-275, Sec. 101(b)(2), substituted "rated

at 10 percent" for "which is, or but for the receipt of retired pay

would be, compensable at a rate of 10 percent under chapter 11 of

this title and".

Par. (2)(B). Pub. L. 104-275, Sec. 101(b)(3), amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: "has a

serious employment handicap."

1992 - Pub. L. 102-568 amended section generally, making changes

in substance and structure.

1991 - Pub. L. 102-83 renumbered section 1502 of this title as

this section.

Par. (1)(B). Pub. L. 102-16 substituted "or receiving outpatient

medical care, services, or treatment for a service-connected

disability pending discharge from the active military, naval, or

air service, and the Secretary determines that (i) the hospital (or

other medical facility) providing the hospitalization, care,

services, or treatment either is doing so under contract or

agreement with the Secretary concerned or is under the jurisdiction

of the Secretary of Veterans Affairs or the Secretary concerned,

and (ii) the person is suffering from a disability which" for "for

a service-connected disability in a hospital over which the

Secretary concerned has jurisdiction pending discharge or release

from active military, naval, or air service and is suffering from a

disability which the Secretary determines".

1990 - Par. (1). Pub. L. 101-508 substituted "compensable at a

rate of 20 percent or more" for "compensable" in cls. (A) and (B).

1989 - Pub. L. 101-237 substituted "Secretary determines" for

"Administrator determines" in par. (1)(B) and "Secretary" for

"Administrator" in par. (2).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 404(b) of Pub. L. 102-568, as amended by Pub. L. 103-446,

title VI, Sec. 602(c)(1), Nov. 2, 1994, 108 Stat. 4671, provided

that: "The amendment made by subsection (a) [amending this section]

shall take effect on October 1, 1993, but shall not apply to

veterans and other persons who originally applied for assistance

under chapter 31 of title 38, United States Code, before November

1, 1990."

[Section 602(c)(2) of Pub. L. 103-446 provided that: "The

amendment made by paragraph (1) [amending section 404(b) of Pub. L.

102-568, set out above] shall take effect as of October 29, 1992."]

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8021(b) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall apply to

veterans and other persons originally applying for assistance under

chapter 31 of title 38, United States Code, on or after November 1,

1990."

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3101, 3113, 3120 of this

title.

-End-

-CITE-

38 USC Sec. 3103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3103. Periods of eligibility

-STATUTE-

(a) Except as provided in subsection (b), (c), or (d) of this

section, a rehabilitation program may not be afforded to a veteran

under this chapter after the end of the twelve-year period

beginning on the date of such veteran's discharge or release from

active military, naval, or air service.

(b)(1) In any case in which the Secretary determines that a

veteran has been prevented from participating in a vocational

rehabilitation program under this chapter within the period of

eligibility prescribed in subsection (a) of this section because a

medical condition of such veteran made it infeasible for such

veteran to participate in such a program, the twelve-year period of

eligibility shall not run during the period of time that such

veteran was so prevented from participating in such a program, and

such period of eligibility shall again begin to run on the first

day following such veteran's recovery from such condition on which

it is reasonably feasible, as determined under regulations which

the Secretary shall prescribe, for such veteran to participate in

such a program.

(2) In any case in which the Secretary determines that a veteran

has been prevented from participating in a vocational

rehabilitation program under this chapter within the period of

eligibility prescribed in subsection (a) of this section because -

(A) such veteran had not met the requirement of a discharge or

release from active military, naval, or air service under

conditions other than dishonorable before (i) the nature of such

discharge or release was changed by appropriate authority, or

(ii) the Secretary determined, under regulations prescribed by

the Secretary, that such discharge or release was under

conditions other than dishonorable, or

(B) such veteran's discharge or dismissal was, under section

5303 of this title, a bar to benefits under this title before the

Secretary made a determination that such discharge or dismissal

is not a bar to such benefits,

the twelve-year period of eligibility shall not run during the

period of time that such veteran was so prevented from

participating in such a program.

(3) In any case in which the Secretary determines that a veteran

has been prevented from participating in a vocational

rehabilitation program under this chapter within the period of

eligibility prescribed in subsection (a) of this section because

such veteran had not established the existence of a

service-connected disability rated at 10 percent or more, the

twelve-year period of eligibility shall not run during the period

such veteran was so prevented from participating in such a program.

(c) In any case in which the Secretary determines that a veteran

is in need of services to overcome a serious employment handicap,

such veteran may be afforded a vocational rehabilitation program

after the expiration of the period of eligibility otherwise

applicable to such veteran if the Secretary also determines, on the

basis of such veteran's current employment handicap and need for

such services, that an extension of the applicable period of

eligibility is necessary for such veteran and -

(1) that such veteran had not previously been rehabilitated to

the point of employability;

(2) that such veteran had previously been rehabilitated to the

point of employability but (A) the need for such services had

arisen out of a worsening of such veteran's service-connected

disability that precludes such veteran from performing the duties

of the occupation for which such veteran was previously trained

in a vocational rehabilitation program under this chapter, or (B)

the occupation for which such veteran had been so trained is not

suitable in view of such veteran's current employment handicap

and capabilities; or

(3) under regulations which the Secretary shall prescribe, that

an extension of the period of eligibility of such veteran is

necessary to accomplish the purposes of a rehabilitation program

for such veteran.

(d) In any case in which the Secretary has determined that a

veteran's disability or disabilities are so severe that the

achievement of a vocational goal currently is not reasonably

feasible, such veteran may be afforded a program of independent

living services and assistance in accordance with the provisions of

section 3120 of this title after the expiration of the period of

eligibility otherwise applicable to such veteran if the Secretary

also determines that an extension of the period of eligibility of

such veteran is necessary for such veteran to achieve maximum

independence in daily living.

(e) In any case in which the Secretary has determined that a

veteran was prevented from participating in a vocational

rehabilitation program under this chapter within the period of

eligibility otherwise prescribed in this section as a result of

being ordered to serve on active duty under section 688, 12301(a),

12301(d), 12301(g), 12302, or 12304 of title 10, such period of

eligibility shall not run for the period of such active duty

service plus four months.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2173, Sec. 1503; amended Pub. L. 99-576, title III, Sec.

333(b)(2), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L.

102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;

renumbered Sec. 3103 and amended, Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title XII,

Sec. 1201(d)(8), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-275,

title I, Sec. 101(c), Oct. 9, 1996, 110 Stat. 3324; Pub. L.

107-103, title I, Sec. 103(c)(2), Dec. 27, 2001, 115 Stat. 979;

Pub. L. 107-330, title III, Sec. 308(h), Dec. 6, 2002, 116 Stat.

2829.)

-MISC1-

PRIOR PROVISIONS

Prior section 3103 was renumbered section 5303 of this title.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-330 made technical correction to

directory language of Pub. L. 107-103. See 2001 Amendment note

below.

2001 - Subsec. (e). Pub. L. 107-103, as amended by Pub. L.

107-330, added subsec. (e).

1996 - Subsec. (b)(3). Pub. L. 104-275, Sec. 101(c)(1),

substituted "rated at 10 percent or more" for "described in section

3102(1)(A)(i) of this title".

Subsec. (c). Pub. L. 104-275, Sec. 101(c)(2)(A), substituted

"current" for "particular" in introductory provisions.

Subsec. (c)(2). Pub. L. 104-275, Sec. 101(c)(2)(B), substituted

"veteran's current employment" for "veteran's employment".

Subsec. (d). Pub. L. 104-275, Sec. 101(c)(3), substituted "in

accordance with the provisions of section 3120 of this title" for

"under this chapter".

1994 - Subsec. (b)(3). Pub. L. 103-446 substituted "section

3102(1)(A)(i)" for "section 3102(1)(A)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1503 of this

title as this section.

Subsec. (b)(2)(B). Pub. L. 102-40 substituted "5303" for "3103".

Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3102(1)(A)" for "1502(1)(A)".

1989 - Subsecs. (b) to (d). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1986 - Subsec. (d). Pub. L. 99-576 inserted "currently" after

"goal".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title III, Sec. 308(h), Dec. 6, 2002, 116 Stat.

2829, provided that the amendment made by section 308(h) of Pub. L.

107-330 is effective as of Dec. 27, 2001, and as if included in

section 103(c) of the Veterans Education and Benefits Expansion Act

of 2001, Pub. L. 107-103, as originally enacted.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Sept. 11, 2001, see

section 103(e) of Pub. L. 107-103, set out as a note under section

3013 of this title.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3104. Scope of services and assistance

-STATUTE-

(a) Services and assistance which the Secretary may provide under

this chapter, pursuant to regulations which the Secretary shall

prescribe, include the following:

(1) Evaluation, including periodic reevaluations as appropriate

with respect to a veteran participating in a rehabilitation

program, of the potential for rehabilitation of a veteran,

including diagnostic and related services (A) to determine

whether the veteran has an employment handicap or a serious

employment handicap and whether a vocational goal is reasonably

feasible for such veteran, and (B) to provide a basis for

planning a suitable vocational rehabilitation program or a

program of services and assistance to improve the vocational

rehabilitation potential or independent living status of such

veteran, as appropriate.

(2) Educational, vocational, psychological, employment, and

personal adjustment counseling.

(3) An allowance and other appropriate assistance, as

authorized by section 3108 of this title.

(4) A work-study allowance as authorized by section 3485 of

this title.

(5) Placement services to effect suitable placement in

employment, and postplacement services to attempt to insure

satisfactory adjustment in employment.

(6) Personal adjustment and work adjustment training.

(7)(A) Vocational and other training services and assistance,

including individualized tutorial assistance, tuition, fees,

books, supplies, handling charges, licensing fees, and equipment

and other training materials determined by the Secretary to be

necessary to accomplish the purposes of the rehabilitation

program in the individual case.

(B) Payment for the services and assistance provided under

subparagraph (A) of this paragraph shall be made from funds

available for the payment of readjustment benefits.

(8) Loans as authorized by section 3112 of this title.

(9) Treatment, care, and services described in chapter 17 of

this title.

(10) Prosthetic appliances, eyeglasses, and other corrective

and assistive devices.

(11) Services to a veteran's family as necessary for the

effective rehabilitation of such veteran.

(12) For veterans with the most severe service-connected

disabilities who require homebound training or self-employment,

or both homebound training and self-employment, such license fees

and essential equipment, supplies, and minimum stocks of

materials as the Secretary determines to be necessary for such a

veteran to begin employment and are within the criteria and cost

limitations that the Secretary shall prescribe in regulations for

the furnishing of such fees, equipment, supplies, and stocks.

(13) Travel and incidental expenses under the terms and

conditions set forth in section 111 of this title, plus, in the

case of a veteran who because of such veteran's disability has

transportation expenses in addition to those incurred by persons

not so disabled, a special transportation allowance to defray

such additional expenses during rehabilitation, job seeking, and

the initial employment stage.

(14) Special services (including services related to blindness

and deafness) including -

(A) language training, speech and voice correction, training

in ambulation, and one-hand typewriting;

(B) orientation, adjustment, mobility, reader, interpreter,

and related services; and

(C) telecommunications, sensory, and other technical aids and

devices.

(15) Services necessary to enable a veteran to achieve maximum

independence in daily living.

(16) Other incidental goods and services determined by the

Secretary to be necessary to accomplish the purposes of a

rehabilitation program in an individual case.

(b) A rehabilitation program (including individual courses) to be

pursued by a veteran shall be subject to the approval of the

Secretary.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2174, Sec. 1504; amended Pub. L. 100-323, Sec. 11(a)(3)(A),

May 20, 1988, 102 Stat. 568; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec.

3(b)(1), Mar. 22, 1991, 105 Stat. 49; Pub. L. 102-54, Sec.

14(c)(3), June 13, 1991, 105 Stat. 285; renumbered Sec. 3104 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 104-275, title I, Sec. 101(d), Oct. 9, 1996, 110 Stat.

3324.)

-MISC1-

PRIOR PROVISIONS

Prior section 3104 was renumbered section 5304 of this title.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-275, Sec. 101(d)(1)(A),

substituted "the veteran has an employment handicap or" for "such

veteran's disability or disabilities cause" and inserted

"reasonably" after "goal is".

Subsec. (a)(7)(A). Pub. L. 104-275, Sec. 101(d)(1)(B), struck out

"(i)" after "assistance, including" and ", and (ii) job-readiness

skills development and counseling under section 14(a)(2) of the

Veterans' Job Training Act (29 U.S.C. 1721 note) for a participant

in a program of training under such Act" after "individual case".

Subsec. (a)(12). Pub. L. 104-275, Sec. 101(d)(1)(C), substituted

"For veterans with the most severe service-connected disabilities

who require" for "For the most severely disabled veterans

requiring".

Subsecs. (b), (c). Pub. L. 104-275, Sec. 101(d)(2), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which read as

follows: "A program of independent living services and assistance

may include the types of services and assistance described in

section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1504 of this

title as this section.

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3108"

for "1508".

Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485"

for "1685".

Subsec. (a)(7). Pub. L. 102-16 designated existing provisions as

subpar. (A), redesignated former cls. (A) and (B) as cls. (i) and

(ii), respectively, substituted "handling charges, licensing" for

"and licensing", and added subpar. (B).

Subsec. (a)(8). Pub. L. 102-83, Sec. 5(c)(1), substituted "3112"

for "1512".

Subsec. (b). Pub. L. 102-54 substituted "(29 U.S.C. 796a)" for

"(29 U.S.C. 796)".

1989 - Subsecs. (a), (c). Pub. L. 101-237 substituted "Secretary"

for "Administrator" wherever appearing.

1988 - Subsec. (a)(7). Pub. L. 100-323 designated existing

provisions as subpar. (A) and added subpar. (B).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-275 effective Oct. 9, 1996, with

amendment by section 101(d)(1)(C), (2) of Pub. L. 104-275 only

applicable with respect to claims of eligibility or entitlement to

services and assistance (including claims for extension of such

services and assistance) under this chapter received by the

Secretary of Veterans Affairs on or after Oct. 9, 1996, including

those claims based on original applications, and applications

seeking to reopen, revise, reconsider, or otherwise adjudicate or

readjudicate on any basis claims for services and assistance under

this chapter, see section 101(j) of Pub. L. 104-275, set out as a

note under section 3101 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 3(b)(2) of Pub. L. 102-16 provided that: "The amendments

made by this subsection [amending this section] shall apply only to

payments made on or after the date of the enactment of this Act

[Mar. 22, 1991]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 16 of Pub. L. 100-323 provided that:

"(a) In General. - Except as provided in subsection (b), the

provisions of and amendments made by this Act [see Tables for

classification] shall take effect on the date of the enactment of

this Act [May 20, 1988].

"(b) Exceptions. - (1) The following provisions of or amendments

made by this Act shall take effect for all of fiscal year 1988 and

subsequent fiscal years:

"(A) Clause (5) of subsection (b) of section 2002A [now 4102A]

of title 38, United States Code, as added by section 2(a)(2) of

this Act.

"(B) Subsection (a) of section 2003A [now 4103A] of such title,

as amended by section 2(e)(1)(A) of this Act.

"(C) Paragraphs (1), (2), and (3) of section 2004(a) [now

4104(a)] of such title, as amended by section 3(a) of this Act.

"(D) Paragraphs (2) through (5) of section 1774(a) [now

3674(a)] of such title, as added by section 13(a)(1) of this Act.

"(2) The provisions of and amendments made by sections 4 through

11 [see Tables for classification] shall take effect on the 60th

day after the date of the enactment of this Act [May 20, 1988]."

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

VETERANS PURSUING PROGRAM OF VOCATIONAL REHABILITATION UNDER FORMER

SECTION 1504 OF THIS TITLE

During the period beginning on Oct. 1, 1980, and ending on Mar.

31, 1981, the provisions of section 3108 [formerly 1508] of this

title, as added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17,

1980, 94 Stat. 2178, shall apply to veterans pursuing a program of

vocational rehabilitation training under this chapter in the same

manner as former section 1504 of this title applied to veterans

pursuing such a program under this chapter on Sept. 30, 1980. See

section 802(a)(4) of Pub. L. 96-466, set out as an Effective Date

note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1163, 1524, 3105, 3106,

3108, 3117, 3120 of this title.

-End-

-CITE-

38 USC Sec. 3105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3105. Duration of rehabilitation programs

-STATUTE-

(a) In any case in which the Secretary is unable to determine

whether it currently is reasonably feasible for a veteran to

achieve a vocational goal, the period of extended evaluation under

section 3106(c) of this title may not exceed twelve months, except

that such period may be extended for additional periods of up to

six months each if the Secretary determines before granting any

such extension that it is reasonably likely that, during the period

of any such extension, a determination can be made whether the

achievement of a vocational goal is reasonably feasible in the case

of such veteran.

(b) Except as provided in subsection (c) of this section, the

period of a vocational rehabilitation program for a veteran under

this chapter following a determination of the current reasonable

feasibility of achieving a vocational goal may not exceed

forty-eight months, except that the counseling and placement and

postplacement services described in section 3104(a)(2) and (5) of

this title may be provided for an additional period not to exceed

eighteen months in any case in which the Secretary determines the

provision of such counseling and services to be necessary to

accomplish the purposes of a rehabilitation program in the

individual case.

(c) The Secretary may extend the period of a vocational

rehabilitation program for a veteran to the extent that the

Secretary determines that an extension of such period is necessary

to enable such veteran to achieve a vocational goal if the

Secretary also determines -

(1) that such veteran had previously been rehabilitated to the

point of employability but (A) such veteran's need for further

vocational rehabilitation has arisen out of a worsening of such

veteran's service-connected disability that precludes such

veteran from performing the duties of the occupation for which

such veteran had been so rehabilitated, or (B) the occupation for

which such veteran had been so rehabilitated is not suitable in

view of such veteran's current employment handicap and

capabilities; or

(2) under regulations which the Secretary shall prescribe, that

such veteran has a serious employment handicap and that an

extension of such period is necessary to accomplish the purposes

of a rehabilitation program for such veteran.

(d) Unless the Secretary determines that a longer period is

necessary and likely to result in a substantial increase in a

veteran's level of independence in daily living, the period of a

program of independent living services and assistance for a veteran

under this chapter (following a determination by the Secretary that

such veteran's disability or disabilities are so severe that the

achievement of a vocational goal currently is not reasonably

feasible) may not exceed twenty-four months.

(e)(1) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any payment of a subsistence allowance

and other assistance described in paragraph (2) shall not -

(A) be charged against any entitlement of any veteran under

this chapter; or

(B) be counted toward the aggregate period for which section

3695 of this title limits an individual's receipt of allowance or

assistance.

(2) The payment of the subsistence allowance and other assistance

referred to in paragraph (1) is the payment of such an allowance or

assistance for the period described in paragraph (3) to a veteran

for participation in a vocational rehabilitation program under this

chapter if the Secretary finds that the veteran had to suspend or

discontinue participation in such vocational rehabilitation program

as a result of being ordered to serve on active duty under section

688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10.

(3) The period for which, by reason of this subsection, a

subsistence allowance and other assistance is not charged against

entitlement or counted toward the applicable aggregate period under

section 3695 of this title shall be the period of participation in

the vocational rehabilitation program for which the veteran failed

to receive credit or with respect to which the veteran lost

training time, as determined by the Secretary.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2176, Sec. 1505; amended Pub. L. 99-576, title III, Sec.

333(b)(3), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3105 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 104-275, title I, Sec. 101(e), Oct. 9,

1996, 110 Stat. 3324; Pub. L. 107-103, title I, Sec. 103(c)(1),

Dec. 27, 2001, 115 Stat. 979.)

-MISC1-

PRIOR PROVISIONS

Prior section 3105 was renumbered section 5305 of this title.

AMENDMENTS

2001 - Subsec. (e). Pub. L. 107-103 added subsec. (e).

1996 - Subsec. (c)(1). Pub. L. 104-275 substituted "veteran's

current employment" for "veteran's employment".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1505 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106(c)"

for "1506(c)".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3104(a)(2)" for "1504(a)(2)".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 333(b)(3)(A), inserted

"currently" after "it".

Subsec. (b). Pub. L. 99-576, Sec. 333(b)(3)(B), inserted

"current" after "of the".

Subsec. (d). Pub. L. 99-576, Sec. 333(b)(3)(C), inserted

"currently" after "goal".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Sept. 11, 2001, see

section 103(e) of Pub. L. 107-103, set out as a note under section

3013 of this title.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3106, 3108 of this title.

-End-

-CITE-

38 USC Sec. 3106 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3106. Initial and extended evaluations; determinations

regarding serious employment handicap

-STATUTE-

(a) The Secretary shall provide any veteran who has a

service-connected disability rated at 10 percent or more and who

applies for benefits under this chapter with an initial evaluation

consisting of such services described in section 3104(a)(1) of this

title as are necessary (1) to determine whether such veteran is

entitled to and eligible for benefits under this chapter, and (2)

in the case of a veteran who is determined to be entitled to and

eligible for such benefits, to determine -

(A) whether such veteran has a serious employment handicap, and

(B) whether the achievement of a vocational goal currently is

reasonably feasible for such veteran if it is reasonably feasible

to make such determination without extended evaluation.

(b) In any case in which the Secretary has determined that a

veteran has a serious employment handicap and that the achievement

of a vocational goal currently is reasonably feasible for such

veteran, such veteran shall be provided an individualized written

plan of vocational rehabilitation developed under section 3107(a)

of this title.

(c) In any case in which the Secretary has determined that a

veteran has a serious employment handicap but the Secretary is

unable to determine, in an initial evaluation pursuant to

subsection (a) of this section, whether or not the achievement of a

vocational goal currently is reasonably feasible, such veteran

shall be provided with an extended evaluation consisting of the

services described in section 3104(a)(1) of this title, such

services under this chapter as the Secretary determines necessary

to improve such veteran's potential for participation in a program

of services designed to achieve a vocational goal and enable such

veteran to achieve maximum independence in daily living, and

assistance as authorized by section 3108 of this title.

(d) In any case in which the Secretary has determined that a

veteran has a serious employment handicap and also determines,

following such initial and any such extended evaluation, that

achievement of a vocational goal currently is not reasonably

feasible, the Secretary shall determine whether the veteran is

capable of participating in a program of independent living

services and assistance under section 3120 of this title.

(e) The Secretary shall in all cases determine as expeditiously

as possible whether the achievement of a vocational goal by a

veteran currently is reasonably feasible. In the case of a veteran

provided extended evaluation under subsection (c) of this section

(including any periods of extensions under section 3105(a) of this

title), the Secretary shall make such determination not later than

the end of such extended evaluation or period of extension, as the

case may be. In determining whether the achievement of a vocational

goal currently is reasonably feasible, the Secretary shall resolve

any reasonable doubt in favor of determining that such achievement

currently is reasonably feasible.

(f) In connection with each period of extended evaluation of a

veteran and each rehabilitation program for a veteran who is

determined to have a serious employment handicap, the Secretary

shall assign a Department of Veterans Affairs employee to be

responsible for the management and followup of the provision of all

services (including appropriate coordination of employment

assistance under section 3117 of this title) and assistance under

this chapter to such veteran.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2176, Sec. 1506; amended Pub. L. 99-576, title III, Sec.

333(b)(4), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title

IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec.

3106 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(9), Nov. 2,

1994, 108 Stat. 4684; Pub. L. 104-275, title I, Sec. 101(f)(1),

Oct. 9, 1996, 110 Stat. 3324.)

-MISC1-

PRIOR PROVISIONS

Prior section 3106 was renumbered section 5306 of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-275, Sec. 101(f)(1)(A),

substituted "rated at 10 percent or more" for "described in clause

(i) or (ii) of section 3102(1)(A) of this title".

Subsec. (b). Pub. L. 104-275, Sec. 101(f)(1)(B), struck out

"counseling in accordance with" before "an individualized written

plan".

Subsec. (c). Pub. L. 104-275, Sec. 101(f)(1)(C), substituted

"with an extended" for "with extended".

Subsecs. (d) to (f). Pub. L. 104-275, Sec. 101(f)(1)(D), added

subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and

(f), respectively.

1994 - Subsec. (a). Pub. L. 103-446 substituted "clause (i) or

(ii) of section 3102(1)(A)" for "section 3102(1)(A) or (B)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1506 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3102(1)(A)" for "1502(1)(A)" and "3104(a)(1)" for "1504(a)(1)" in

introductory provisions.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3107(a)"

for "1507(a)".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3104(a)(1)" for "1504(a)(1)" and "3108" for "1508".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3105(a)"

for "1505(a)".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3117" for

"1517".

1989 - Pub. L. 101-237 substituted "Secretary" and "Department of

Veterans Affairs" for "Administrator" and "Veterans'

Administration", respectively, wherever appearing.

1986 - Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99-576 substituted

"currently is reasonably feasible" for "is reasonably feasible"

wherever appearing.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1163, 3105, 3107, 3108,

3109, 3118, 3120, 4211 of this title.

-End-

-CITE-

38 USC Sec. 3107 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3107. Individualized vocational rehabilitation plan

-STATUTE-

(a) The Secretary shall formulate an individualized written plan

of vocational rehabilitation for a veteran described in section

3106(b) of this title. Such plan shall be developed with such

veteran and shall include, but not be limited to (1) a statement of

long-range rehabilitation goals for such veteran and intermediate

rehabilitation objectives related to achieving such goals, (2) a

statement of the specific services (which shall include counseling

in all cases) and assistance to be provided under this chapter, (3)

the projected date for the initiation and the anticipated duration

of each such service, and (4) objective criteria and an evaluation

procedure and schedule for determining whether such objectives and

goals are being achieved.

(b) The Secretary shall review at least annually the plan

formulated under subsection (a) of this section for a veteran and

shall afford such veteran the opportunity to participate in each

such review. On the basis of such review, the Secretary shall (1)

redevelop such plan with such veteran if the Secretary determines,

under regulations which the Secretary shall prescribe, that

redevelopment of such plan is appropriate, or (2) disapprove

redevelopment of such plan if the Secretary determines, under such

regulations, that redevelopment of such plan is not appropriate.

(c)(1) Each veteran for whom a plan has been developed or

redeveloped under subsection (a) or (b)(1), respectively, of this

section or in whose case redevelopment of a plan has been

disapproved under subsection (b)(2) of this section, shall be

informed of such veteran's opportunity for a review as provided in

paragraph (2) of this subsection.

(2) In any case in which a veteran does not agree to such plan as

proposed, to such plan as redeveloped, or to the disapproval of

redevelopment of such plan, such veteran may submit to the person

described in section 3106(f) of this title a written statement

containing such veteran's objections and request a review of such

plan as proposed or redeveloped, or a review of the disapproval of

redevelopment of such plan, as the case may be.

(3) The Secretary shall review the statement submitted under

paragraph (2) of this subsection and the plan as proposed or as

redeveloped, and, if applicable, the disapproval of redevelopment

of the plan, and render a decision on such review not later than

ninety days after the date on which such veteran submits such

statement, unless the case is one for which a longer period for

review, not to exceed 150 days after such veteran submits such

statement, is allowed under regulations prescribed by the

Secretary, in which case the Secretary shall render a decision no

later than the last day of the period prescribed in such

regulations.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2177, Sec. 1507; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3107

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 104-275, title I, Sec. 101(f)(2)(A), Oct. 9,

1996, 110 Stat. 3325.)

-MISC1-

PRIOR PROVISIONS

Prior section 3107 was renumbered section 5307 of this title.

AMENDMENTS

1996 - Subsec. (c)(2). Pub. L. 104-275 substituted "3106(f)" for

"3106(e)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1507 of this

title as this section.

Subsecs. (a), (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3106(b)" for "1506(b)" in subsec. (a) and "3106(e)" for "1506(e)"

in subsec. (c)(2).

1989 - Subsecs. (a), (b), (c)(3). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

INDIVIDUALIZED WRITTEN PLANS AND EXTENSIONS OF ELIGIBILITY AND

VOCATIONAL REHABILITATION PROGRAM PERIODS FOR VETERANS IN PROGRAMS

ON MARCH 31, 1981

Section 101(d) of Pub. L. 96-466 provided that with respect to

veterans participating in a program of vocational rehabilitation

under this chapter on Mar. 31, 1981, individualized written plans

of vocational rehabilitation were to be formulated under this

section as determined by Administrator, and authorized extensions

of periods of vocational rehabilitation without regard to certain

requirements for determinations of serious employment handicaps.

VETERANS PURSUING PROGRAM OF VOCATIONAL REHABILITATION UNDER FORMER

SECTION 1507 OF THIS TITLE

During the period beginning on Oct. 1, 1980, and ending on Mar.

31, 1981, the provisions of section 3112 [formerly 1512] of this

title, as added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17,

1980, 94 Stat. 2181, shall apply to veterans pursuing a program of

vocational rehabilitation training under this chapter in the same

manner as former section 1507 of this title applied to veterans

pursuing such a program under this chapter on Sept. 30, 1980, see

section 802(a)(4) of Pub. L. 96-466, set out as an Effective Date

note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1524, 3106, 3120 of this

title.

-End-

-CITE-

38 USC Sec. 3108 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3108. Allowances

-STATUTE-

(a)(1) Except in the case of a veteran who makes an election

under subsection (f) of this section and subject to the provisions

of paragraph (3) of this subsection, each veteran shall be paid a

subsistence allowance in accordance with this section during a

period determined by the Secretary to be a period of such veteran's

participation under this chapter in a rehabilitation program.

(2) In any case in which the Secretary determines, at the

conclusion of such veteran's pursuit of a vocational rehabilitation

program under this chapter, that such veteran has been

rehabilitated to the point of employability, such veteran shall be

paid a subsistence allowance, as prescribed in this section for

full-time training for the type of program that the veteran was

pursuing, for two months while satisfactorily following a program

of employment services provided under section 3104(a)(5) of this

title.

(3) A subsistence allowance may not be paid under this chapter to

a veteran for any period during which such veteran is being

provided with an initial evaluation under section 3106(a) of this

title or during which such veteran is being provided only with

counseling or with placement or postplacement services under

section 3105(b) of this title.

(b)(1) Except as otherwise provided in this section, the

Secretary shall determine the subsistence allowance to be paid to a

veteran under this chapter in accordance with the following table,

which shall be the monthly amount shown in column II, III, IV, or V

(whichever is applicable as determined by the veteran's dependency

status) opposite the appropriate type of program being pursued as

specified in column I:

Column I Column Column Column Column V

II III IV

Type of No One Two More than

program dependents dependent dependents two

dependents

--------------------------------------------------------------------

The amount in

column IV,

plus the

following for

each dependent

in excess of

two:

Institutional

training:

Full-time $366 $454 $535 $39

Three- 275 341 400 30

quarter ti

Half-time 184 228 268 20

Farm

cooperative,

apprentice,

or other

on-job

training:

Full-time 320 387 446 29

Extended

evaluation:

Full-time 366 454 535 39

Independent

living

training:

Full-time 366 454 535 39

Three- 275 341 400 30

quarter ti

Half-time 184 228 268 20

--------------------------------------------------------------------

(2) With respect to the fiscal year beginning on October 1, 1994,

the Secretary shall provide a percentage increase in the monthly

rates payable under paragraph (1) of this subsection equal to the

percentage by which the Consumer Price Index (all items, United

States city average published by the Bureau of Labor Statistics)

for the 12-month period ending June 30, 1994, exceeds such Consumer

Price Index for the 12-month period ending June 30, 1993.

(3) With respect to any fiscal year beginning on or after October

1, 1995, the Secretary shall continue to pay, in lieu of the rates

payable under paragraph (1) of this subsection, the monthly rates

payable under this subsection for the previous fiscal year and

shall provide, for any such fiscal year, a percentage increase in

such rates equal to the percentage by which -

(A) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on June 30 preceding the

beginning of the fiscal year for which the increase is made,

exceeds

(B) such Consumer Price Index for the 12-month period preceding

the 12-month period described in subparagraph (A).

(c)(1) In any case in which the vocational rehabilitation program

for a veteran includes training on the job by an employer in any

month, such employer shall be required to submit to the Secretary a

statement in writing showing any wage, compensation, or other

income paid (directly or indirectly) by the employer to such

veteran for such month. Based upon such written statement, the

Secretary is authorized to reduce the subsistence allowance of such

veteran to an amount considered equitable and just in accordance

with criteria which the Secretary shall establish in regulations

which the Secretary shall prescribe.

(2) A veteran pursuing on-job training or work experience as part

of a vocational rehabilitation program in a Federal, State, or

local government agency or federally recognized Indian tribe under

the provisions of section 3115(a)(1) of this title without pay or

for nominal pay shall be paid the appropriate subsistence allowance

rate provided in subsection (b) of this section for an

institutional program.

(d)(1) The Secretary shall, in accordance with regulations which

the Secretary shall prescribe, define full-time and each part-time

status for veterans participating in rehabilitation programs under

this chapter.

(2) A veteran participating in extended evaluation on less than a

full-time basis may be paid a proportional subsistence allowance in

accordance with regulations which the Secretary shall prescribe.

(e) In any case in which a veteran is pursuing a rehabilitation

program on a residential basis in a specialized rehabilitation

facility, the Secretary may (1) pay to such facility the cost of

such veteran's room and board in lieu of payment to such veteran of

the subsistence allowance (not including any portion payable for

any dependents) payable under subsection (b) of this section, and

(2) pay to such veteran that portion of the allowance for

dependents payable, as determined by such veteran's dependency

status, under subsection (b) of this section for a full-time

institutional program.

(f)(1)(A) In any case in which the Secretary determines that a

veteran is eligible for and entitled to rehabilitation under this

chapter, to the extent that such veteran has remaining eligibility

for and entitlement to educational assistance benefits under

chapter 30 of this title, such veteran may elect, as part of a

vocational rehabilitation program under this chapter, to pursue an

approved program of education and receive allowances and other

forms of assistance equivalent to those authorized for veterans

enrolled under chapter 30 of this title, if the Secretary approves

the educational, professional, or vocational objective chosen by

such veteran for such program.

(B) In the event that such veteran makes such an election, the

terms and conditions applicable to the pursuit of a comparable

program of education and the payment of allowances and provision of

assistance under chapter 30 of this title for such a comparable

program shall be applied to the pursuit of the approved program of

education under this chapter.

(2) A veteran who is receiving an allowance pursuant to paragraph

(1) of this subsection may not receive any of the services or

assistance described in section 3104(a)(3), (7), and (8) of this

title (other than an allowance and other assistance under this

subsection).

(g)(1) Notwithstanding any other provision of this title and

subject to the provisions of paragraph (2) of this subsection, no

subsistence allowance may be paid under this section in the case of

any veteran who is pursuing a rehabilitation program under this

chapter while incarcerated in a Federal, State, or local penal

institution for conviction of a felony.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a rehabilitation program under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran's conviction

of a felony.

(h) Notwithstanding any other provision of this title, the amount

of subsistence allowance, or other allowance under subsection (f)

of this section, that may be paid to a veteran pursuing a

rehabilitation program for any month for which such veteran

receives compensation at the rate prescribed in section 1114(j) of

this title as the result of hospital treatment (not including

post-hospital convalescence) or observation at the expense of the

Department of Veterans Affairs may not exceed, when added to any

compensation to which such veteran is entitled for such month, an

amount equal to the greater of -

(1) the sum of -

(A) the amount of monthly subsistence or other allowance that

would otherwise be paid to such veteran under this section, and

(B) the amount of monthly compensation that would be paid to

such veteran if such veteran were not receiving compensation at

such rate as the result of such hospital treatment or

observation; or

(2) the amount of monthly compensation payable under section

1114(j) of this title.

(i) Payment of a subsistence allowance may be made in advance in

accordance with the provisions of section 3680(d) of this title.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2178, Sec. 1508; amended Pub. L. 97-306, title II, Sec.

205(a), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 98-525, title VII,

Sec. 703(a), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 98-543, title

II, Sec. 201, Oct. 24, 1984, 98 Stat. 2740; Pub. L. 101-237, title

IV, Secs. 402(a), 423(b)(1), Dec. 18, 1989, 103 Stat. 2078, 2092;

Pub. L. 102-16, Sec. 3(c), Mar. 22, 1991, 105 Stat. 49; renumbered

Sec. 3108 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 102-568, title IV, Sec. 405(a), (b),

Oct. 29, 1992, 106 Stat. 4338, 4339; Pub. L. 103-446, title VI,

Sec. 602(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104-275, title

I, Sec. 101(g), Oct. 9, 1996, 110 Stat. 3325.)

-MISC1-

PRIOR PROVISIONS

Prior section 3108 was renumbered section 5308 of this title.

Provisions similar to those comprising this section were

contained in former section 1504 of this title prior to the general

revision of this chapter by Pub. L. 96-466.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-275, Sec. 101(g)(1),

substituted "while satisfactorily following a program of employment

services provided under section 3104(a)(5) of this title" for

"following the conclusion of such pursuit".

Subsec. (f)(1)(A). Pub. L. 104-275, Sec. 101(g)(2)(A), inserted

"eligible for and" after "veteran is" and substituted "chapter 30"

for "chapter 30 or 34" and "enrolled under chapter 30" for

"enrolled under either chapter 30 or chapter 34".

Subsec. (f)(1)(B). Pub. L. 104-275, Sec. 101(g)(2)(B),

substituted "chapter 30" for "chapter 30 or 34".

1994 - Subsec. (c)(2). Pub. L. 103-446 inserted "or federally

recognized Indian tribe" after "local government agency".

1992 - Subsec. (b). Pub. L. 102-568, Sec. 405(b), designated

existing provisions as par. (1) and added pars. (2) and (3).

Pub. L. 102-568, Sec. 405(a), increased the monthly

rehabilitation subsistence allowance for eligible veterans in

column II from $333, $250, $167, $291, $333, $333, $250, and $167

to $366, $275, $184, $320, $366, $366, $275, and $184; in column

III from $413, $310, $207, $352, $413, $413, $310, and $207 to

$454, $341, $228, $387, $454, $454, $341, and $228; in column IV

from $486, $364, $244, $405, $486, $486, $364, and $244 to $535,

$400, $268, $446, $535, $535, $$400, and $268; and in column V from

$35, $27, $18, $26, $35, $35, $27, and $18 to $39, $30, $20, $29,

$39, $39, $30, and $20, respectively.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1508 of this

title as this section.

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3106(a)" for "1506(a)" and "3105(b)" for "1505(b)".

Subsec. (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3115(a)(1)" for "1515(a)(1)".

Pub. L. 102-16 inserted ", State, or local government" after

"Federal".

Subsec. (f)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3104(a)(3)" for "1504(a)(3)".

Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted "1114(j)"

for "314(j)" in two places.

Subsec. (i). Pub. L. 102-83, Sec. 5(c)(1), substituted "3680(d)"

for "1780(d)".

1989 - Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator".

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Pub. L. 101-237, Sec. 402(a), increased the monthly

rehabilitation subsistence allowance for eligible veterans in

column II from $310, $233, $155, $271, $310, $310, $233, and $155

to $333, $250, $167, $291, $333, $333, $250, and $167; in column

III from $384, $288, $193, $327, $384, $384, $288, and $193 to

$413, $310, $207, $352, $413, $413, $310, and $207; in column IV

from $452, $339, $227, $377, $452, $452, $339, and $227 to $486,

$364, $244, $405, $486, $486, $364, and $244; in column V from $33,

$25, $17, $24, $33, $33, $25, and $17 to $35, $27, $18, $26, $35,

$35, $27, and $18, respectively.

Subsecs. (c)(1) to (f)(1)(A). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (h). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted

"Department of Veterans Affairs" for "Veterans' Administration".

1984 - Subsec. (b). Pub. L. 98-543 increased the monthly

rehabilitation subsistence allowance for eligible veterans in

column II from $282, $212, $141, $246, $282, $282, $212, and $141

to $310, $233, $155, $271, $310, $310, $233, and $155; in column

III from $349, $262, $175, $297, $349, $349, $262, and $175 to

$384, $288, $193, $323, $384, $384, $288, and $193; in column IV

from $411, $308, $206, $343, $411, $411, $308, and $206 to $452,

$339, $227, $377, $452, $452, $339, and $227; in column V from $30,

$23, $15, $22, $30, $30, $23, and $15 to $33, $25, $17, $24, $33,

$33, $25, and $17, respectively.

Subsec. (f)(1)(A), (B). Pub. L. 98-525 inserted references to

chapter 30 of this title.

1982 - Subsec. (g)(2). Pub. L. 97-306 inserted "not" after

"shall" and struck out "if the Administrator determines that all

the veteran's living expenses are being defrayed by a Federal,

State, or local government" at end.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 405(c) of Pub. L. 102-568 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall take

effect on October 1, 1993."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 402(b) of Pub. L. 101-237 provided that: "The amendment

made by this section [amending this section] shall take effect on

January 1, 1990."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 205 of Pub. L. 98-543 provided that: "The amendments made

by this part [part A (Secs. 201-205) of title II of Pub. L. 98-543,

see Tables for classification] shall take effect as of October 1,

1984."

EFFECTIVE DATE; VETERANS PURSUING PROGRAM OF VOCATIONAL

REHABILITATION UNDER THIS CHAPTER

Section effective Oct. 1, 1980, and during period beginning on

Oct. 1, 1980, and ending on Mar. 31, 1981, the provisions of this

section, as added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17,

1980, 94 Stat. 2178, shall apply to veterans pursuing a program of

vocational rehabilitation training under this chapter in the same

manner as former section 1504 of this title applied to veterans

pursuing such a program under this chapter on Sept. 30, 1980, see

section 802(a)(2), (4) of Pub. L. 96-466, set out as an Effective

Date note under section 3100 of this title.

APPLICABILITY OF SUBSECTION (G)(1) TO APPORTIONMENTS MADE BEFORE

OCTOBER 17, 1980

Section 101(c) of Pub. L. 96-466 provided that: "The provisions

of section 1508(g)(1) [now 3108(g)(1)] of title 38, United States

Code, as added by subsection (a) shall not apply to an

apportionment made under section 3107(c) [now 5307(c)] of such

title before the date of the enactment of this Act [Oct. 17,

1980]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3104, 3106, 3112, 3680 of

this title.

-End-

-CITE-

38 USC Sec. 3109 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3109. Entitlement to independent living services and

assistance

-STATUTE-

In any case in which the Secretary has determined under section

3106(e) of this title that the achievement of a vocational goal by

a veteran currently is not reasonably feasible, such veteran shall

be entitled, in accordance with the provisions of section 3120 of

this title, to a program of independent living services and

assistance designed to enable such veteran to achieve maximum

independence in daily living.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2181, Sec. 1509; amended Pub. L. 99-576, title III, Sec.

333(b)(5), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3109 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 104-275, title I, Sec. 101(f)(2)(B),

Oct. 9, 1996, 110 Stat. 3325.)

-MISC1-

PRIOR PROVISIONS

Prior section 3109 was renumbered section 5309 of this title.

AMENDMENTS

1996 - Pub. L. 104-275 substituted "3106(e)" for "3106(d)".

1991 - Pub. L. 102-83 renumbered section 1509 of this title as

this section and substituted "3106(d)" for "1506(d)" and "3120" for

"1520".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1986 - Pub. L. 99-576 inserted "currently" after first reference

to "veteran".

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3110. Leaves of absence

-STATUTE-

The Secretary shall prescribe such regulations as the Secretary

determines necessary for granting leaves of absence to veterans

pursuing rehabilitation programs under this chapter. During

authorized leaves of absence, a veteran shall be considered to be

pursuing such program.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2181, Sec. 1510; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3110,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3110 was renumbered section 5310 of this title.

Provisions similar to those comprising this section were

contained in former section 1505 of this title prior to the general

revision of this chapter by Pub. L. 96-466.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1510 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3111. Regulations to promote satisfactory conduct and

cooperation

-STATUTE-

The Secretary shall prescribe such rules and regulations as the

Secretary determines necessary to promote satisfactory conduct and

cooperation on the part of veterans who are pursuing rehabilitation

programs under this chapter. In any case in which the Secretary

determines that a veteran has failed to maintain satisfactory

conduct or cooperation, the Secretary may, after determining that

all reasonable counseling efforts have been made and are not

reasonably likely to be effective, discontinue services and

assistance unless the Secretary determines that mitigating

circumstances exist. In any case in which such services and

assistance have been discontinued, the Secretary may reinstitute

such services and assistance only if the Secretary determines that

-

(1) the cause of the unsatisfactory conduct or cooperation of

such veteran has been removed; and

(2) the rehabilitation program which such veteran proposes to

pursue (whether the same or revised) is suitable to such

veteran's abilities, aptitudes, and interests.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2181, Sec. 1511; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3111,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3111 was renumbered section 5311 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1511 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3112. Revolving fund loans

-STATUTE-

The revolving fund established pursuant to part VII of Veterans

Regulation Numbered 1(a) is continued in effect, and may be used by

the Secretary, under regulations prescribed by the Secretary, for

making advances, not in excess of twice the amount of the full-time

institutional monthly subsistence allowance for a veteran with no

dependents (as provided in section 3108(b) of this title) to

veterans pursuing rehabilitation programs under this chapter. Such

advances, and advances from such fund made before the effective

date of the Veterans' Rehabilitation and Education Amendments of

1980, shall bear no interest and shall be repaid in such

installments, as may be determined by the Secretary, by proper

deductions from future payments of compensation, pension,

subsistence allowance, educational assistance allowance, or

retirement pay.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2181, Sec. 1512; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3112

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

The revolving fund established pursuant to part VII of Veterans

Regulation Numbered 1(a), referred to in text, means the vocational

rehabilitation revolving fund established by par. 8 of part VII of

Veterans Regulation Numbered 1(a), as added by act Mar. 24, 1943,

ch. 22, Sec. 2, 57 Stat. 44, which was set out in chapter 12A of

former Title 38, Pensions, Bonuses, and Veterans' Relief. The

appropriation for such fund made by act July 12, 1943, ch. 218,

Sec. 1, 57 Stat. 434, was reduced by act June 24, 1954, ch. 359,

title I, Sec. 101(part), 68 Stat. 293, and repealed by Pub. L.

85-857, Sec. 14(82), Sept. 2, 1958, 72 Stat. 1272. Part VII of

Veterans Regulation Numbered 1(a) was repealed by section 14(67) of

Pub. L. 85-857, effective Jan. 1, 1959, which provided in part,

that repeal of part VII should not take effect in such manner as to

impair the operation of the deferred repeal of a portion of

paragraph 9 of the part as provided in section 21 of the Government

Employees Training Act, Pub. L. 85-507, July 7, 1958, 72 Stat. 337.

For continuation of certain rights and benefits see section 12 of

Pub. L. 85-857, set out as a note preceding part I of this title.

For effective date of the Veterans' Rehabilitation and Education

Amendments of 1980, referred to in text, see section 802 of Pub. L.

96-466, set out as an Effective Date note under section 3100 of

this title.

-MISC1-

PRIOR PROVISIONS

Prior section 3112 was renumbered section 5312 of this title.

Provisions similar to those comprising this section were

contained in former section 1507 of this title prior to the general

revision of this chapter by Pub. L. 96-466.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1512 of this title as

this section and substituted "3108(b)" for "1508(b)".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

EFFECTIVE DATE; VETERANS PURSUING PROGRAM OF VOCATIONAL

REHABILITATION UNDER THIS CHAPTER

Section effective Oct. 1, 1980, and during period beginning on

Oct. 1, 1980, and ending on Mar. 31, 1981, the provisions of this

section, as added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17,

1980, 94 Stat. 2181, shall apply to veterans pursuing a program of

vocational rehabilitation training under this chapter in the same

manner as former section 1507 of this title applied to veterans

pursuing such a program under this chapter on Sept. 30, 1980, see

section 802(a)(2), (4) of Pub. L. 96-466, set out as an Effective

Date note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3104 of this title.

-End-

-CITE-

38 USC Sec. 3113 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3113. Vocational rehabilitation for hospitalized members of

the Armed Forces and veterans

-STATUTE-

(a) Services and assistance may be provided under this chapter to

a person described in subparagraphs (A)(ii) and (B) of section

3102(1) of this title who is hospitalized pending discharge from

active military, naval, or air service. In such cases, no

subsistence allowance shall be paid.

(b) Services and assistance may be provided under this chapter to

a veteran who is receiving care in a Department of Veterans Affairs

hospital, nursing home, or domiciliary facility or in any other

hospital or medical facility.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2181, Sec. 1513; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3113

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(10), Nov. 2,

1994, 108 Stat. 4684.)

-MISC1-

PRIOR PROVISIONS

Prior section 3113 was renumbered section 5313 of this title.

Provisions similar to those comprising subsec. (a) of this

section were contained in former section 1510 of this title prior

to the general revision of this chapter by Pub. L. 96-466.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446 substituted "subparagraphs

(A)(ii) and (B) of section 3102(1)" for "section 3102(1)(B) and

(2)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1513 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3102(1)(B)" for "1502(1)(B)".

1989 - Subsec. (b). Pub. L. 101-237 substituted "Department of

Veterans Affairs" for "Veterans' Administration".

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3114 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3114. Vocational rehabilitation outside the United States

-STATUTE-

Under regulations which the Secretary shall prescribe, a

vocational rehabilitation program under this chapter may be

provided outside the United States if the Secretary determines that

such training is (1) necessary in the particular case to provide

the preparation needed to render a veteran employable and enable

such veteran to obtain and retain suitable employment, and (2) in

the best interest of such veteran and the Federal Government.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2182, Sec. 1514; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3114,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3114 was renumbered section 5314 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1514 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3115 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3115. Rehabilitation resources

-STATUTE-

(a) Notwithstanding any other provision of law, for the purpose

of providing services under this chapter, the Secretary may -

(1) use the facilities of any Federal agency (including the

Department of Veterans Affairs), of any State or local government

agency receiving Federal financial assistance, or of any

federally recognized Indian tribe, to provide training or work

experience as part or all of a veteran's vocational

rehabilitation program without pay or for nominal pay in any case

in which the Secretary determines that such training or work

experience is necessary to accomplish such veteran's

rehabilitation;

(2) use the facilities, staff, and other resources of the

Department of Veterans Affairs;

(3) employ such additional personnel and experts as the

Secretary considers necessary; and

(4) use the facilities and services of any Federal, State, or

other public agency, any agency maintained by joint Federal and

State contributions, any federally recognized Indian tribe, any

public or private institution or establishment, and any private

individual.

(b)(1) While pursuing on-job training or work experience under

subsection (a)(1) of this section at a Federal agency, a veteran

shall be considered to be an employee of the United States for the

purposes of the benefits of chapter 81 of title 5, but not for the

purposes of laws administered by the Office of Personnel

Management.

(2) Except as provided in chapter 17 of this title, hospital care

and medical services provided under this chapter shall be furnished

in facilities over which the Secretary has direct jurisdiction.

(3) Use of the facilities of a State or local government agency

under subsection (a)(1) of this section or use of facilities and

services under subsection (a)(4) of this section, shall be procured

through contract, agreement, or other cooperative arrangement.

(4) The Secretary shall prescribe regulations providing for the

monitoring of training and work experiences provided under such

subsection (a)(1) at State or local government agencies and

otherwise ensuring that such training or work experience is in the

best interest of the veteran and the Federal Government.

(c) For purposes of this section, the term "federally recognized

Indian tribe" means any Indian tribe, band, nation, pueblo, or

other organized group or community, including any Alaska Native

village or regional corporation as defined in or established

pursuant to the Alaska Native Claims Settlement Act, which is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status as

Indians.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2182, Sec. 1515; amended Pub. L. 100-689, title II, Sec. 201,

Nov. 18, 1988, 102 Stat. 4175; Pub. L. 101-237, title IV, Sec.

423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3115,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L.

103-446, title VI, Sec. 602(a), Nov. 2, 1994, 108 Stat. 4671.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior section 3115 was renumbered section 5315 of this title.

Provisions similar to those comprising this section were

contained in former section 1511 of this title prior to the general

revision of this chapter by Pub. L. 96-466.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-446, Sec. 602(a)(1)(A), struck

out "or" after "(including the Department of Veterans Affairs),"

and inserted "or of any federally recognized Indian tribe," after

"financial assistance,".

Subsec. (a)(4). Pub. L. 103-446, Sec. 602(a)(1)(B), inserted "any

federally recognized Indian tribe," after "contributions,".

Subsec. (c). Pub. L. 103-446, Sec. 602(a)(2), added subsec. (c).

1991 - Pub. L. 102-83 renumbered section 1515 of this title as

this section.

1989 - Subsecs. (a), (b)(2), (4). Pub. L. 101-237 substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

1988 - Subsec. (a)(1). Pub. L. 100-689, Sec. 201(1), inserted ",

or of any State or local government agency receiving Federal

financial assistance," after "Administration)".

Subsec. (b)(1). Pub. L. 100-689, Sec. 201(2)(A), inserted "at a

Federal agency" after "section".

Subsec. (b)(3), (4). Pub. L. 100-689, Sec. 201(2)(B), added pars.

(3) and (4) and struck out former par. (3) which read as follows:

"Use of facilities and services under clause (4) of subsection (a)

of this section, shall be procured through contract, agreement, or

other cooperative arrangement."

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 3108 of this title.

-End-

-CITE-

38 USC Sec. 3116 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3116. Promotion of employment and training opportunities

-STATUTE-

(a) The Secretary shall actively promote the development and

establishment of employment, training, and other related

opportunities for (1) veterans who are participating or who have

participated in a rehabilitation program under this chapter, (2)

veterans with service-connected disabilities, and (3) other

veterans to whom the employment emphases set forth in chapter 42 of

this title apply. The Secretary shall promote the development and

establishment of such opportunities through Department of Veterans

Affairs staff outreach efforts to employers and through Department

of Veterans Affairs coordination with Federal, State, and local

governmental agencies and appropriate nongovernmental

organizations. In carrying out the provisions of this subsection

with respect to veterans referred to in clause (3) of the first

sentence of this subsection, the Secretary shall place particular

emphasis on the needs of categories of such veterans on the basis

of applicable rates of unemployment.

(b)(1) The Secretary, pursuant to regulations prescribed in

accordance with paragraph (3) of this subsection, may make payments

to employers for providing on-job training to veterans who have

been rehabilitated to the point of employability in individual

cases in which the Secretary determines that such payment is

necessary to obtain needed on-job training or to begin employment.

Such payments may not exceed the direct expenses incurred by such

employers in providing such on-job training or employment

opportunity.

(2) In any case in which a veteran described in paragraph (1) of

this subsection participates in on-job training described in such

paragraph that satisfies the criteria for payment of a training

assistance allowance under section 3687 of this title, such veteran

shall, to the extent that such veteran has remaining eligibility

for and entitlement to such allowance, be paid such allowance.

(3) The Secretary shall prescribe regulations under this

subsection in consultation with the Secretary of Labor and, in

prescribing such regulations, shall take into consideration the

provisions of title V of the Rehabilitation Act of 1973 (29 U.S.C.

ch. 16, subch. V) and section 4212 of this title, and regulations

prescribed under such provisions.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2182, Sec. 1516; amended Pub. L. 101-237, title IV, Sec.

423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3116 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V

of the Rehabilitation Act of 1973 is classified generally to

subchapter V (Sec. 790 et seq.) of chapter 16 of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior section 3116 was renumbered section 5316 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1516 of this

title as this section.

Subsec. (b)(2), (3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3687" for "1787" in par. (2) and "4212" for "2012" in par. (3).

1989 - Subsecs. (a), (b)(1), (3). Pub. L. 101-237 substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.

96-466, set out as a note under section 3100 of this title.

COORDINATION WITH PROGRAMS UNDER VETERANS' JOB TRAINING ACT

Pub. L. 99-238, title II, Sec. 202, Jan. 13, 1986, 99 Stat. 1768,

as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(g), Aug. 6, 1991,

105 Stat. 406, 408, provided that:

"(a) In General. - In carrying out section 3116(b) [formerly

1516(b)] of title 38, United States Code, the Secretary of Veterans

Affairs shall take all feasible steps to establish and encourage,

for veterans who are eligible to have payments made on their behalf

under such section, the development of training opportunities

through programs of job training consistent with the provisions of

the Veterans' Job Training Act (as redesignated by section

201(a)(1) of this Act) [29 U.S.C. 1721 note] so as to utilize

programs of job training established by employers pursuant to such

Act.

"(b) Directive. - In carrying out such Act, the Secretary of

Veterans Affairs shall take all feasible steps to ensure that, in

the cases of veterans who are eligible to have payments made on

their behalf under both such Act and section 3116(b) [formerly

1516(b)] of title 38, United States Code, the authority under such

section is utilized, to the maximum extent feasible and consistent

with the veteran's best interests, to make payments to employers on

behalf of such veterans."

-End-

-CITE-

38 USC Sec. 3117 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3117. Employment assistance

-STATUTE-

(a)(1) A veteran with a service-connected disability rated at 10

percent or more who has participated in a vocational rehabilitation

program under this chapter or a similar program under the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.] and who the

Secretary has determined to be employable shall be furnished

assistance in obtaining employment consistent with such veteran's

abilities, aptitudes, interests, and employment handicap, including

assistance necessary to insure that such veteran receives the

benefit of any applicable provisions of law or regulation providing

for special consideration or emphasis or preference for such

veteran in employment or training.

(2) Assistance provided under this subsection may include -

(A) direct placement of such veteran in employment;

(B) utilization of employment, training, and placement services

under chapter 41 of this title; and

(C) utilization of the job development and placement services

of (i) programs under the Rehabilitation Act of 1973, (ii) the

State employment service and the Veterans' Employment Service of

the Department of Labor, (iii) the Office of Personnel

Management, (iv) any other public or nonprofit organization

having placement services available, and (v) any for-profit

entity in a case in which the Secretary has determined that

services necessary to provide such assistance are available from

such entity and that comparably effective services are not

available, or cannot be obtained cost-effectively, from the

entities described in subclauses (i) through (iv) of this clause.

(b)(1) In any case in which a veteran has completed a vocational

rehabilitation program for self-employment in a small business

enterprise under this chapter, the Secretary shall assist such

veteran in securing, as appropriate, a loan under subchapter IV of

chapter 37 of this title and shall cooperate with the Small

Business Administration to assist such veteran to secure a loan for

the purchase of equipment needed to establish such veteran's own

business and to insure that such veteran receives the special

consideration provided for in section 8 of the Small Business Act

(15 U.S.C. 633(b)).

(2) In the case of a veteran described in clause (12) of section

3104(a) of this title who has trained under a State rehabilitation

program with the objective of self-employment in a small business

enterprise, the Secretary may, subject to the limitations and

criteria provided for in such clause, provide such veteran with

such supplementary equipment and initial stocks and supplies as are

determined to be needed by such veteran if such supplementary

equipment and initial stocks and supplies, or assistance in

acquiring them, are not available through the State program or

other sources.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2183, Sec. 1517; amended Pub. L. 97-72, title III, Sec.

303(k), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 100-689, title II,

Sec. 202(a), Nov. 18, 1988, 102 Stat. 4175; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L.

102-54, Sec. 14(c)(4), June 13, 1991, 105 Stat. 285; renumbered

Sec. 3117 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; Pub. L. 104-275, title I, Sec. 101(h), Oct. 9,

1996, 110 Stat. 3325; Pub. L. 107-288, Sec. 4(e)(2), Nov. 7, 2002,

116 Stat. 2044.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (a)(1),

(2)(C)(i), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as

amended, which is classified principally to chapter 16 (Sec. 701 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 701 of

Title 29 and Tables.

Section 8 of the Small Business Act (15 U.S.C. 633(b)), referred

to in subsec. (b)(1), probably means section 2[4] of the Small

Business Act, Pub. L. 85-536, Sec. 2[4], July 18, 1958, 72 Stat.

384, as amended by section 8 of Pub. L. 93-237, Jan. 2, 1974, 87

Stat. 1025, which is classified to section 633(b) of Title 15,

Commerce and Trade.

-MISC1-

PRIOR PROVISIONS

Prior section 3117 was renumbered section 5317 of this title.

AMENDMENTS

2002 - Subsec. (a)(2)(B). Pub. L. 107-288 amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows:

"utilization of the services of disabled veterans outreach program

specialists under section 4103A of this title; and".

1996 - Subsec. (a)(1). Pub. L. 104-275 inserted "rated at 10

percent or more" after "disability".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1517 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-54, Sec. 14(c)(4)(A), inserted "(29

U.S.C. 701 et seq.)" after "1973".

Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted

"4103A" for "2003A".

Subsec. (a)(2)(C)(v). Pub. L. 102-54, Sec. 14(c)(4)(B), struck

out second period at end.

Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3104(a)" for "1504(a)".

1989 - Subsecs. (a)(1), (2)(C), (b). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (a)(2)(C). Pub. L. 100-689 struck out "and" at end

of subcl. (iii), substituted "available, and" for "available" in

subcl. (iv), and added subcl. (v).

1981 - Subsec. (b)(1). Pub. L. 97-72 inserted provision requiring

the Administrator to assist veterans in securing, as appropriate, a

loan under subchapter IV of chapter 37 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-72 effective at end of 180-day period

beginning on Nov. 3, 1981, see section 305 of Pub. L. 97-72, set

out as an Effective Date note under section 3741 of this title.

EFFECTIVE DATE

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3106 of this title.

-End-

-CITE-

38 USC Sec. 3118 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3118. Personnel training, development, and qualifications

-STATUTE-

(a) The Secretary shall provide a program of ongoing professional

training and development for Department of Veterans Affairs

counseling and rehabilitation personnel engaged in providing

rehabilitation services under this chapter. The objective of such

training shall be to insure that rehabilitation services for

disabled veterans are provided in accordance with the most advanced

knowledge, methods, and techniques available for the rehabilitation

of handicapped persons. For this purpose, the Secretary may employ

the services of consultants and may make grants to and contract

with public or private agencies (including institutions of higher

learning) to conduct such training and development.

(b) The Secretary shall coordinate with the Commissioner of the

Rehabilitation Services Administration in the Department of

Education and the Assistant Secretary for Veterans' Employment in

the Department of Labor in planning and carrying out personnel

training in areas of mutual programmatic concern.

(c) Notwithstanding any other provision of law, the Secretary

shall establish such qualifications for personnel providing

evaluation and rehabilitation services to veterans under this

chapter and for employees performing the functions described in

section 3106(f) of this title as the Secretary determines are

necessary and appropriate to insure the quality of rehabilitation

programs under this chapter. In establishing such qualifications,

the Secretary shall take into account the qualifications

established for comparable personnel under the Rehabilitation Act

of 1973 (29 U.S.C. ch. 16).

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2184, Sec. 1518; amended Pub. L. 101-237, title IV, Sec.

423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3118 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 104-275, title I, Sec. 101(f)(2)(C), Oct. 9, 1996, 110

Stat. 3325.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973 (29 U.S.C. ch. 16), referred to in

subsec. (c), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as

amended, which is classified generally to chapter 16 (Sec. 701 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 701 of

Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior section 3118 was renumbered section 5318 of this title.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-275 substituted "3106(f)" for

"3106(e)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1518 of this

title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106(e)"

for "1506(e)".

1989 - Pub. L. 101-237 substituted "Secretary" and "Department of

Veterans Affairs" for "Administrator" and "Veterans'

Administration", respectively, wherever appearing.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3119 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3119. Rehabilitation research and special projects

-STATUTE-

(a) The Secretary shall carry out an ongoing program of

activities for the purpose of advancing the knowledge, methods,

techniques, and resources available for use in rehabilitation

programs for veterans. For this purpose, the Secretary shall

conduct and provide support for the development or conduct, or both

the development and conduct, of -

(1) studies and research concerning the psychological,

educational, employment, social, vocational, industrial, and

economic aspects of the rehabilitation of disabled veterans,

including new methods of rehabilitation; and

(2) projects which are designed to increase the resources and

potential for accomplishing the rehabilitation of disabled

veterans.

(b) For the purpose specified in subsection (a) of this section,

the Secretary is authorized to make grants to or contract with

public or nonprofit agencies, including institutions of higher

learning.

(c) The Secretary shall cooperate with the Commissioner of the

Rehabilitation Services Administration and the Director of the

Institute of Handicapped Research in the Department of Education,

the Assistant Secretary for Veterans' Employment in the Department

of Labor, and the Secretary of Health and Human Services regarding

rehabilitation studies, research, and special projects of mutual

programmatic concern.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2184, Sec. 1519; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3119,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1519 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-

-CITE-

38 USC Sec. 3120 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3120. Program of independent living services and assistance

-STATUTE-

(a) The Secretary may, under contracts with entities described in

subsection (f) of this section, or through facilities of the

Veterans Health Administration, which possess a demonstrated

capability to conduct programs of independent living services for

severely handicapped persons, provide, under regulations which the

Secretary shall prescribe, programs of independent living services

and assistance under this chapter, in various geographic regions of

the United States, to veterans described in subsection (b) of this

section.

(b) A program of independent living services and assistance may

be made available under this section only to a veteran who has a

serious employment handicap resulting in substantial part from a

service-connected disability described in section 3102(1)(A)(i) of

this title and with respect to whom it is determined under section

3106(d) or (e) of this title that the achievement of a vocational

goal currently is not reasonably feasible.

(c) The Secretary shall, to the maximum extent feasible, include

among those veterans who are provided with programs of independent

living services and assistance under this section substantial

numbers of veterans described in subsection (b) of this section who

are receiving long-term care in Department of Veterans Affairs

hospitals and nursing homes and in nursing homes with which the

Secretary contracts for the provision of care to veterans.

(d) A program of independent living services and assistance for a

veteran shall consist of such services described in section 3104(a)

of this title as the Secretary determines necessary to enable such

veteran to achieve maximum independence in daily living. Such

veteran shall have the same rights with respect to an

individualized written plan of services and assistance as are

afforded veterans under section 3107 of this title.

(e) Programs of independent living services and assistance shall

be initiated for no more than 2,500 veterans in each fiscal year,

and the first priority in the provision of such programs shall be

afforded to veterans for whom the reasonable feasibility of

achieving a vocational goal is precluded solely as a result of a

service-connected disability.

(f) Entities described in this subsection are (1) public or

nonprofit agencies or organizations, and (2) for-profit entities in

cases in which the Secretary determines that services comparable in

effectiveness to services available from such an entity are not

available, or cannot be obtained cost-effectively from, public or

nonprofit agencies or through facilities of the Veterans Health

Administration.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2185, Sec. 1520; amended Pub. L. 99-576, title III, Sec.

333(a), (b)(6), (c), Oct. 28, 1986, 100 Stat. 3279; Pub. L.

100-689, title II, Sec. 202(b), Nov. 18, 1988, 102 Stat. 4176; Pub.

L. 101-237, title IV, Secs. 404, 423(b)(1), Dec. 18, 1989, 103

Stat. 2080, 2092; renumbered Sec. 3120 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,

title XII, Sec. 1201(b)(1), (d)(11), Nov. 2, 1994, 108 Stat. 4682,

4684; Pub. L. 104-275, title I, Sec. 101(f)(2)(D), (i), Oct. 9,

1996, 110 Stat. 3325; Pub. L. 107-103, title V, Sec. 508(a), Dec.

27, 2001, 115 Stat. 997.)

-MISC1-

AMENDMENTS

2001 - Subsec. (e). Pub. L. 107-103 substituted "2,500 veterans"

for "five hundred veterans".

1996 - Subsec. (b). Pub. L. 104-275, Sec. 101(i)(1), substituted

"serious employment handicap resulting in substantial part from a

service-connected disability described in section 3102(1)(A)(i)"

for "service-connected disability described in section 3102(1)(A)".

Pub. L. 104-275, Sec. 101(f)(2)(D), substituted "3106(d) or (e)"

for "3106(d)".

Subsec. (d). Pub. L. 104-275, Sec. 101(i)(2), struck out "and

(b)" after "section 3104(a)".

1994 - Subsec. (a). Pub. L. 103-446, Sec. 1201(b)(1), substituted

"Veterans Health Administration" for "Department of Medicine and

Surgery".

Subsec. (b). Pub. L. 103-446, Sec. 1201(d)(11), which directed

substitution of "section 3102(1)(A)(i)" for "section 3012(1)(A)",

could not be executed because the words "section 3012(1)(A)" did

not appear.

Subsec. (f). Pub. L. 103-446, Sec. 1201(b)(1), substituted

"Veterans Health Administration" for "Department of Medicine and

Surgery".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1520 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3102(1)(A)" for "1502(1)(A)" and "3106(d)" for "1506(d)".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3104(a)"

for "1504(a)" and "3107" for "1507".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 404(2)-(4), redesignated former par. (1) of

subsec. (a) as entire subsection, substituted "The" for "During

fiscal years 1982 through 1989, the", "subsection (f) of this

section" for "paragraph (7) of this subsection" and "subsection (b)

of this section" for "paragraph (2) of this subsection",

redesignated former pars. (2), (3), (4), (6), and (7) of subsec.

(a) as subsecs. (b), (c), (d), (e), and (f) of this section,

respectively, and struck out former par. (5) which read as follows:

"Any contract for services initiated with respect to any veteran

under this section before the end of fiscal year 1989 may be

continued in effect after the end of such year for the purposes of

providing services and assistance to such veteran in accordance

with the provisions of this chapter."

Subsec. (b). Pub. L. 101-237, Sec. 404(1), (3), (5), redesignated

former subsec. (a)(2) as (b), struck out before period at end "and

who is selected pursuant to criteria provided for in regulations

prescribed under paragraph (1) of this subsection" and struck out

former subsec. (b) which read as follows: "Not later than February

1, 1989, the Administrator shall submit to the Committees on

Veterans' Affairs of the Senate and the House of Representatives

statistical data regarding veterans' participation in the program

conducted under subsection (a) of this section during fiscal years

1987 and 1988 and any recommendations of the Administrator for

administrative or legislative action or both regarding the

program."

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1), substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

Pub. L. 101-237, Sec. 404(3), (6), redesignated former subsec.

(a)(3) as (c) and substituted "subsection (b) of this section" for

"paragraph (2) of this subsection".

Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Pub. L. 101-237, Sec. 404(3), redesignated former subsec. (a)(4)

as (d).

Subsec. (e). Pub. L. 101-237, Sec. 404(3), (7), redesignated

former subsec. (a)(6) as (e) and substituted "in each fiscal year"

for "in each of the fiscal years 1982 through 1989".

Subsec. (f). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Pub. L. 101-237, Sec. 404(3), (8), redesignated former subsec.

(a)(7) as (f) and substituted "in this subsection are (1) public or

nonprofit agencies or organizations, and (2)" for "in this

paragraph are (A) public or nonprofit agencies or organizations,

and (B)".

1988 - Subsec. (a)(1). Pub. L. 100-689, Sec. 202(b)(1),

substituted "entities described in paragraph (7) of this

subsection" for "public or nonprofit private agencies or

organizations".

Subsec. (a)(7). Pub. L. 100-689, Sec. 202(b)(2), added par. (7).

1986 - Pub. L. 99-576, Sec. 333(b)(6), substituted "Program" for

"Pilot program" in section catchline.

Subsec. (a)(1). Pub. L. 99-576, Sec. 333(a)(1)(A), substituted

"1989" for "1985".

Subsec. (a)(2). Pub. L. 99-576, Sec. 333(a)(1)(B), inserted

"currently" after "goal".

Subsec. (a)(5), (6). Pub. L. 99-576, Sec. 333(a)(1)(A),

substituted "1989" for "1985".

Subsec. (b). Pub. L. 99-576, Sec. 333(c), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Not

later than September 30, 1984, the Administrator shall submit to

the Congress a report on the programs of independent living

services and assistance provided for in subsection (a) of this

section. Such report shall include -

"(1) the results of a study which the Administrator shall

conduct of the accomplishments and cost-effectiveness of such

programs, including the extent to which (A) such programs have

met needs for comprehensive independent living services that

would not otherwise have been met, (B) severely disabled veterans

have achieved and maintained greater independence in daily living

as a result of participation in the programs, and (C) costs of

care in hospital, nursing home, and domiciliary facilities have

been and may be avoided as the result of such programs; and

"(2) the Administrator's recommendations for any legislative

changes with respect to the provision of independent living

services and assistance to veterans for whom the achievement of a

vocational goal is not feasible."

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title V, Sec. 508(b), Dec. 27, 2001, 115 Stat.

997, provided that: "The amendment made by subsection (a) [amending

this section] shall take effect as of September 30, 2001."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-275 effective Oct. 9, 1996, with

amendment by section 101(i) of Pub. L. 104-275 only applicable with

respect to claims of eligibility or entitlement to services and

assistance (including claims for extension of such services and

assistance) under this chapter received by the Secretary of

Veterans Affairs on or after Oct. 9, 1996, including those claims

based on original applications, and applications seeking to reopen,

revise, reconsider, or otherwise adjudicate or readjudicate on any

basis claims for services and assistance under this chapter, see

section 101(j) of Pub. L. 104-275, set out as a note under section

3101 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3101, 3103, 3106, 3109 of

this title.

-End-

-CITE-

38 USC Sec. 3121 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 31 - TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE-CONNECTED DISABILITIES

-HEAD-

Sec. 3121. Veterans' Advisory Committee on Rehabilitation

-STATUTE-

(a)(1) The Secretary shall appoint an advisory committee to be

known as the Veterans' Advisory Committee on Rehabilitation

(hereinafter in this section referred to as the "Committee").

(2) The members of the Committee shall be appointed by the

Secretary from the general public and shall serve for terms to be

determined by the Secretary not to exceed three years. Veterans

with service-connected disabilities shall be appropriately

represented in the membership of the Committee, and the Committee

shall also include persons who have distinguished themselves in the

public and private sectors in the fields of rehabilitation

medicine, vocational guidance, vocational rehabilitation, and

employment and training programs. The Secretary may designate one

of the members of the Committee appointed under this paragraph to

chair the Committee.

(3) The Committee shall also include as ex officio members the

following: (A) one representative from the Veterans Health

Administration and one from the Veterans Benefits Administration,

(B) one representative from the Rehabilitation Services

Administration of the Department of Education and one from the

National Institute for Handicapped Research of the Department of

Education, and (C) one representative of the Assistant Secretary of

Labor for Veterans' Employment and Training of the Department of

Labor.

(b) The Secretary shall, on a regular basis, consult with and

seek the advice of the Committee with respect to the administration

of veterans' rehabilitation programs under this title.

(c) The Committee shall submit to the Secretary an annual report

on the rehabilitation programs and activities of the Department of

Veterans Affairs and shall submit such other reports and

recommendations to the Secretary as the Committee determines

appropriate. The annual report shall include an assessment of the

rehabilitation needs of veterans and a review of the programs and

activities of the Department of Veterans Affairs designed to meet

such needs. The Secretary shall submit with each annual report

submitted to the Congress pursuant to section 529 of this title a

copy of all reports and recommendations of the Committee submitted

to the Secretary since the previous annual report of the Secretary

was submitted to the Congress pursuant to such section.

-SOURCE-

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94

Stat. 2186, Sec. 1521; amended Pub. L. 101-237, title IV, Sec.

423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-54, Sec.

14(c)(5), June 13, 1991, 105 Stat. 285; renumbered Sec. 3121 and

amended Pub. L. 102-83, Secs. 2(c)(3), 5(a), Aug. 6, 1991, 105

Stat. 402, 406; Pub. L. 103-446, title XII, Sec. 1201(b)(1),

(i)(5), Nov. 2, 1994, 108 Stat. 4682, 4688.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(3)(A). Pub. L. 103-446 substituted "Veterans

Health Administration" for "Department of Medicine and Surgery" and

"Veterans Benefits Administration" for "Department of Veterans'

Benefits".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1521 of this

title as this section.

Subsec. (a)(3). Pub. L. 102-54 substituted "Veterans' Employment

and Training" for "Veterans' Employment".

Subsec. (c). Pub. L. 102-83, Sec. 2(c)(3), substituted "section

529" for "section 214".

1989 - Subsecs. (a)(1), (2), (b). Pub. L. 101-237 substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L.

96-466, set out as a note under section 3100 of this title.

-End-