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

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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.

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

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.

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.

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)".