I 

113TH CONGRESS 

2D SESSION H. R. 4037 

To amend title 38, United States Code, to make certain improvements in 

the laws administered by the Secretary of Veterans Affairs relating 

to training and rehabilitation for veterans with service-connected disabilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2014 

Mr. FLORES introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make certain 

improvements in the laws administered by the Secretary 

of Veterans Affairs relating to training and rehabilitation 

for veterans with service-connected disabilities, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Veterans’ 

5 Access to Vocational Rehabilitation and Employment Act 

6 of 2014’’. 

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1 SEC. 2. CALCULATION OF RATE OF VETERANS REHABILI2 TATED TO THE POINT OF EMPLOYABILITY. 

3 (a) IN GENERAL.—Chapter 31 of title 38, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 3123. Calculation of rate of veterans rehabilitated 

7 to the point of employability 

8 ‘‘To calculate the rate of veterans whom the Sec9 retary determines are rehabilitated to the point of employ10 ability under this chapter during a fiscal year, the Sec11 retary shall divide— 

12 ‘‘(1) the number of veterans who participated in 

13 vocational rehabilitation programs under this chap14 ter during such fiscal year whom the Secretary de15 termines to have been rehabilitated to the point of 

16 employability; by 

17 ‘‘(2) the sum of— 

18 ‘‘(A) the number of veterans who partici19 pated in such programs during such fiscal year 

20 (regardless of whether such a veteran first par21 ticipated in such programs during a previous 

22 fiscal year); and 

23 ‘‘(B) the number of veterans who were en24 titled to participate in such programs during 

25 such fiscal year but did not complete a pro26 gram.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 after the item relating to section 3122 the following new 

4 item: 

‘‘3123. Calculation of rate of veterans rehabilitated to the point of employability.’’. 

5 SEC. 3. APPROVAL OF COURSES OF EDUCATION AND 

6 TRAINING FOR PURPOSES OF THE VOCA7 TIONAL REHABILITATION PROGRAM OF THE 

8 DEPARTMENT OF VETERANS AFFAIRS. 

9 (a) IN GENERAL.—Section 3104(b) of title 38, 

10 United States Code, is amended by adding at the end the 

11 following new sentence: ‘‘To the maximum extent prac12 ticable, a course of education or training may be pursued 

13 by a veteran as part of a rehabilitation program under 

14 this chapter only if the course is approved for purposes 

15 of chapter 30 or 33 of this title. The Secretary may waive 

16 the requirement under the preceding sentence to the ex17 tent the Secretary determines appropriate.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply with respect to a course of edu20 cation or training pursued by a veteran who first begins 

21 a program of rehabilitation under chapter 31 of title 38, 

22 United States Code, on or after the date that is one year 

23 after the date of the enactment of this Act. 

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1 SEC. 4. ELIGIBILITY OF CERTAIN VETERANS ENROLLED IN 

2 VOCATIONAL REHABILITATION PROGRAMS 

3 FOR SPECIALLY ADAPTED HOUSING PRO4 VIDED BY THE SECRETARY OF VETERANS AF5 FAIRS. 

6 Section 2101(b)(2) of title 38, United States Code, 

7 is amended by adding at the end the following new sub8 paragraph: 

9 ‘‘(D) The disability is a disability for which the 

10 veteran is eligible for a rehabilitation program under 

11 chapter 31 of this title and is referred for assistance 

12 under this section pursuant to section 2107 of this 

13 title.’’. 

14 SEC. 5. AUTHORITY TO PRIORITIZE VOCATIONAL REHA15 BILITATION SERVICES BASED ON NEED. 

16 Section 3104 of title 38, United States Code, as 

17 amended by section 3, is further amended by adding at 

18 the end the following new subsection: 

19 ‘‘(c)(1) The Secretary shall have the authority to ad20 minister this chapter by prioritizing the provision of serv21 ices under this chapter based on need, as determined by 

22 the Secretary. In evaluating need for purposes of this sub23 section, the Secretary shall consider disability ratings, the 

24 severity of employment handicaps, qualification for a pro25 gram of independent living, income, and any other factor 

26 the Secretary determines appropriate. 

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1 ‘‘(2) Not later than 90 days before making any 

2 changes to the prioritization of the provision of services 

3 under this chapter as authorized under paragraph (1), the 

4 Secretary shall submit to Congress a plan describing such 

5 changes.’’. 

6 SEC. 6. MODIFICATION OF DEFINITION OF ‘‘SERIOUS EM7 PLOYMENT HANDICAP’’. 

8 Paragraph (7) of section 3101 of title 38, United 

9 States Code, is amended to read as follows: 

10 ‘‘(7) The term ‘serious employment handicap’ 

11 means a significant impairment, resulting from the 

12 service-connected disability, that is directly related 

13 to the veteran’s ability to prepare for, obtain, or re14 tain employment consistent with such veteran’s abili15 ties, aptitudes, and interests.’’. 

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