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38 U.S.C. § 3111 (VETERANS’ BENEFITS)
§ 3111. Regulations to promote satisfactory conduct and cooperation
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.
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1511; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3111, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 3111 was renumbered section 5311 of this title.
heading: Amendments
text: 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.
heading: Effective Date
text: 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.
38 U.S.C. § 3113 (VETERANS’ BENEFITS)
§ 3113. Vocational rehabilitation for hospitalized members of the Armed Forces and veterans
(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.
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1513; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3113 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(10), Nov. 2, 1994, 108 Stat. 4684.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 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, § 5(a), renumbered section 1513 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 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”.
heading: Effective Date
text: 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.
38 U.S.C. § 3114 (VETERANS’ BENEFITS)
§ 3114. Vocational rehabilitation outside the United States
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.
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1514; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3114, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 3114 was renumbered section 5314 of this title.
heading: Amendments
text: 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.
heading: Effective Date
text: 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.
38 U.S.C. § 3118 (VETERANS’ BENEFITS)
§ 3118. Personnel training, development, and qualifications
(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).
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1518; amended Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3118 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(f)(2)(C), Oct. 9, 1996, 110 Stat. 3325.)
heading: References in Text
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 (§ 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.
heading: Prior Provisions
text: Prior section 3118 was renumbered section 5318 of this title.
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–275 substituted “3106(f)” for “3106(e)”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1518 of this title as this section.
Subsec. (c). Pub. L. 102–83, § 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.
heading: Effective Date
text: 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.
38 U.S.C. § 3119 (VETERANS’ BENEFITS)
§ 3119. Rehabilitation research and special projects
(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.
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1519; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3119, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 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.
heading: Effective Date
text: 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.
38 U.S.C. § 3122 (VETERANS’ BENEFITS)
§ 3122. Longitudinal study of vocational rehabilitation programs
(a) Study Required.—
(1) Subject to the availability of appropriated funds, the Secretary shall conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The Secretary shall study each such group over a period of at least 20 years.
(2) The groups of individuals described in this paragraph are the following:
(A) Individuals who begin participating in a vocational rehabilitation program under this chapter during fiscal year 2010.
(B) Individuals who begin participating in such a program during fiscal year 2012.
(C) Individuals who begin participating in such a program during fiscal year 2014.
(b) Annual Reports.—
By not later than July 1 of each year covered by the study required under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the study during the preceding year.
(c) Contents of Report.—
The Secretary shall include in the report required under subsection (b) any data the Secretary determines is necessary to determine the long-term outcomes of the individuals participating in the vocational rehabilitation programs under this chapter. The Secretary may add data elements from time to time as necessary. In addition, each such report shall contain the following information:
(1) The number of individuals participating in vocational rehabilitation programs under this chapter who suspended participation in such a program during the year covered by the report.
(2) The average number of months such individuals served on active duty.
(3) The distribution of disability ratings of such individuals.
(4) The types of other benefits administered by the Secretary received by such individuals.
(5) The types of social security benefits received by such individuals.
(6) Any unemployment benefits received by such individuals.
(7) The average number of months such individuals were employed during the year covered by the report.
(8) The average annual starting and ending salaries of such individuals who were employed during the year covered by the report.
(9) The number of such individuals enrolled in an institution of higher learning, as that term is defined in section 3452(f) of this title.
(10) The average number of academic credit hours, degrees, and certificates obtained by such individuals during the year covered by the report.
(11) The average number of visits such individuals made to Department medical facilities during the year covered by the report.
(12) The average number of visits such individuals made to non-Department medical facilities during the year covered by the report.
(13) The average annual income of such individuals.
(14) The average total household income of such individuals for the year covered by the report.
(15) The percentage of such individuals who own their principal residences.
(16) The average number of dependents of each such veteran.
(Added Pub. L. 110–389, title III, § 334(a), Oct. 10, 2008, 122 Stat. 4172.)
38 U.S.C. § 3201 (VETERANS’ BENEFITS)
§ 3201. Purpose
It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after December 31, 1976, and before July 1, 1985, (2) to assist young men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified men and women to serve in the Armed Forces.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2393, § 1601; amended Pub. L. 99–576, title III, § 309(a)(1), Oct. 28, 1986, 100 Stat. 3270; renumbered § 3201, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 3201 was renumbered section 5501 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1601 of this title as this section.
1986—Pub. L. 99–576 inserted “and before July 1, 1985,”.
heading: Effective Date
text: Section 406 of title IV of Pub. L. 94–502 provided that: “The provisions of this title [enacting this chapter, amending sections 1652, 1661, and 1662 [now 3452, 3461, and 3462] of this title and section 725s of former Title 31, Money and Finance, and enacting provisions set out as a note under section 3221 of this title] shall become effective on January 1, 1977.”
heading: Short Title
text: For short titles of Pub. L. 94–502, and title IV of Pub. L. 94–502, which enacted this chapter, see Short Title of 1976 Amendments note set out under section 101 of this title.
heading: Enrollment in Program Before April 1, 1987
text: Pub. L. 99–576, title III, § 309(c), (d), Oct. 28, 1986, 100 Stat. 3270, provided that:
“(c) Exception.—
Notwithstanding the amendments made by subsection (a) [amending this section and sections 1602 and 1621 [now 3202 and 3221] of this title], any individual on active duty in the Armed Forces who was eligible on June 30, 1985, to enroll in the program established by chapter 32 of title 38, United States Code, may enroll, before April 1, 1987, in such program.
“(d) Notice Requirement.—
The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out activities for the purpose of notifying, to the maximum extent feasible, individuals described in subsection (c) of the opportunity provided by such subsection.”
38 U.S.C. § 3223 (VETERANS’ BENEFITS)
§ 3223. Refunds of contributions upon disenrollment
(a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title.
(b) If a participant disenrolls from the program prior to discharge or release from active duty, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participant’s discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.
(c) If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.
(d) In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of section 3222(c) of this title remaining in the fund shall be refunded to such Secretary.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1623; amended Pub. L. 98–160, title VII, § 702(7), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered § 3223 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1623 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3224” for “1624”.
Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)”.
1989—Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), (4)(A), substituted “Secretary” for “Administrator” wherever appearing and inserted “of Defense” after “Secretary” at end.
Subsec. (d). Pub. L. 101–237, § 423(b)(7), inserted “of Defense” after first reference to “Secretary” and substituted “such” for “the” before second reference to “Secretary”.
1983—Subsec. (a). Pub. L. 98–160 inserted “of this title” after “section 1624”.
Subsec. (d). Pub. L. 98–160 inserted “of this title” after “section 1622(c)”.
38 U.S.C. § 3224 (VETERANS’ BENEFITS)
§ 3224. Death of participant
In the event of a participant’s death, the amount of such participant’s unused contributions to the fund shall be paid to the living person or persons first listed below:
(1) The beneficiary or beneficiaries designated by such participant under such participant’s Servicemembers’ Group Life Insurance policy.
(2) The surviving spouse of the participant.
(3) The surviving child or children of the participant, in equal shares.
(4) The surviving parent or parents of the participant, in equal shares.
If there is no such person living, such amount shall be paid to such participant’s estate.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1624; amended Pub. L. 96–466, title IV, § 402, Oct. 17, 1980, 94 Stat. 2201; renumbered § 3224, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title IV, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)
heading: Amendments
text: 1996—Par. (1). Pub. L. 104–275 substituted “Servicemembers’ Group” for “Servicemen’s Group”.
1991—Pub. L. 102–83 renumbered section 1624 of this title as this section.
1980—Pub. L. 96–466 expanded provisions to require payment of a participant’s unused contributions to the fund to the surviving spouse, the surviving child or children, or to the surviving parent or parents before payment of such amount to the participant’s estate.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–466, title VIII, § 802(d)(2), Oct. 17, 1980, 94 Stat. 2218, provided that: “The amendments made by sections 402 through 406 [amending this section and sections 1622, 1631, and 1641 [now 3222, 3231, and 3241] of this title] shall become effective on October 1, 1980.”
38 U.S.C. § 3225 (VETERANS’ BENEFITS)
§ 3225. Discharge or release under conditions which would bar the use of benefits
If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant on the date of such participant’s discharge or release from active duty or within 60 days from receipt of notice by the Secretary of such discharge or release, whichever is later.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1625; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3225, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1625 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
38 U.S.C. § 3233 (VETERANS’ BENEFITS)
§ 3233. Apprenticeship or other on-job training
(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(1) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter;
(2) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and
(3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment.
(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.
(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of—
(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section;
(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and
(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.
(d) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.
(Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633; amended Pub. L. 101–237, title IV, § 423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered § 3233, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1633 of this title as this section.
1989—Subsec. (d). Pub. L. 101–237 added subsec. (d).
heading: Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Post-Vietnam Era Veterans’ Educational Assistance
text: Pub. L. 108–454, title I, § 103(b), Dec. 10, 2004, 118 Stat. 3600, provided that:
“For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if—
“(1) the reference to ‘75 percent’ in paragraph (1) were a reference to ‘85 percent’;
“(2) the reference to ‘55 percent’ in paragraph (2) were a reference to ‘65 percent’; and
“(3) the reference to ‘35 percent’ in paragraph (3) were a reference to ‘45 percent’.”