38 U.S.C. § 1524 — Vocational training for certain pension re-

Page 249 TITLE 38—VETERANS’ BENEFITS § 1524 Stat. 1018; renumbered § 1523 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 523 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’ for ‘‘521’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1975—Subsec. (b). Pub. L. 94–169 substituted ‘‘such veteran’’ for ‘‘him’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976. § 1524. Vocational training for certain pension re- cipients (a)(1) In the case of a veteran under age 45 who is awarded a pension during the program period, the Secretary shall, based on information on file with the Department of Veterans Affairs, make a preliminary finding whether such veteran, with the assistance of a vocational training pro- gram under this section, has a good potential for achieving employment. If such potential is found to exist, the Secretary shall solicit from the veteran an application for vocational train- ing under this section. If the veteran thereafter applies for such training, the Secretary shall provide the veteran with an evaluation, which may include a personal interview, to determine whether the achievement of a vocational goal is reasonably feasible. (2) If a veteran who is 45 years of age or older and is awarded pension during the program pe- riod, or a veteran who was awarded pension be- fore the beginning of the program period, applies for vocational training under this section and the Secretary makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training pro- gram under subsection (b) of this section, the veteran has a good potential for achieving em- ployment, the Secretary shall provide the vet- eran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Department employee trained in vocational counseling. (3) For the purposes of this section, the term ‘‘program period’’ means the period beginning on February 1, 1985, and ending on December 31, 1995. (b)(1) If the Secretary, based upon an evalua- tion under subsection (a) of this section, deter- mines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a voca- tional training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran’s indi- vidual needs and shall be set forth in an individ- ualized written plan of vocational rehabilitation of the kind described in section 3107 of this title. (2)(A) Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of vocationally ori- ented services and assistance of the kind pro- vided under chapter 31 of this title and such other services and assistance of the kind pro- vided under that chapter as are necessary to en- able the veteran to prepare for and participate in vocational training or employment. (B) A vocational training program under this subsection— (i) may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Secretary grants an extension for a period not to exceed 24 months; (ii) may not include the provision of any loan or subsistence allowance or any auto- mobile adaptive equipment of the kind pro- vided under chapter 39 of this title; and (iii) may include a program of education at an institution of higher learning (as defined in sections 3452(b) and 3452(f), respectively, of this title) only in a case in which the Sec- retary determines that the program involved is predominantly vocational in content. (3) When a veteran completes a vocational training program under this subsection, the Sec- retary may provide the veteran with counseling of the kind described in section 3104(a)(2) of this title, placement and postplacement services of the kind described in section 3104(a)(5) of this title, and training of the kind described in sec- tion 3104(a)(6) of this title during a period not to exceed 18 months beginning on the date of such completion. (4) A veteran may not begin pursuit of a voca- tional training program under this subsection after the later of (A) December 31, 1995, or (B) the end of a reasonable period of time, as deter- mined by the Secretary, following either the evaluation of the veteran under subsection (a) of this section or the award of pension to the vet- eran as described in subsection (a)(2) of this sec- tion. Any determination by the Secretary of such a reasonable period of time shall be made pursuant to regulations which the Secretary shall prescribe. (c) In the case of a veteran who has been deter- mined to have a permanent and total non-serv- ice-connected disability and who, not later than one year after the date the veteran’s eligibility for counseling under subsection (b)(3) of this sec- tion expires, secures employment within the scope of a vocational goal identified in the vet- eran’s individualized written plan of vocational rehabilitation (or in a related field which re- quires reasonably developed skills and the use of some or all of the training or services furnished the veteran under such plan), the evaluation of the veteran as having a permanent and total dis- ability may not be terminated by reason of the veteran’s capacity to engage in such employ- ment until the veteran first maintains such em- Page 250 TITLE 38—VETERANS’ BENEFITS § 1524 ployment for a period of not less than 12 con- secutive months. (d) A veteran who pursues a vocational train- ing program under subsection (b) of this section shall have the benefit of the provisions of sub- section (a) of section 1525 of this title beginning at such time as the veteran’s entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b)(1) of that section) without regard to the date on which the veteran’s entitlement to pension is terminated. (e) Payments by the Secretary for education, training, and other services and assistance under subsection (b) of this section (other than the services of Department employees) shall be made from the Department appropriations ac- count from which payments for pension are made. (Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2744, § 524; amended Pub. L. 99–576, title VII, § 703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100–227, title II, § 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100–687, div. B, title XIII, § 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128; Pub. L. 101–237, title I, § 114, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1524 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–291, § 2(b), May 20, 1992, 106 Stat. 178; Pub. L. 102–568, title IV, § 402(a)–(c)(2)(A), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 103–446, title XII, § 1201(g)(2), Nov. 2, 1994, 108 Stat. 4687.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–446 substituted ‘‘If’’ for ‘‘Subject to paragraph (3) of this subsection, if’’. 1992—Pub. L. 102–568, § 402(c)(2)(A), substituted ‘‘Voca- tional training for certain pension recipients’’ for ‘‘Temporary program of vocational training for certain new pension recipients’’ as section catchline. Subsec. (a)(1). Pub. L. 102–568, § 402(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 45 who is awarded pension during the program period, the Secretary shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such de- termination shall be made only after evaluation of the veteran’s potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a Department employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veteran’s control, to par- ticipate in the evaluation in the manner required by the Secretary in order to make such determination, the Secretary shall suspend the veteran’s pension for the duration of such failure.’’ Subsec. (a)(3). Pub. L. 102–568, § 402(b), redesignated par. (4) as (3), substituted ‘‘December 31, 1995’’ for ‘‘De- cember 31, 1992’’, and struck out former par. (3) which read as follows: ‘‘Not more than 3,500 veterans may be given evaluations under this subsection during any 12- month period beginning on February 1 of a year.’’ Subsec. (a)(4). Pub. L. 102–568, § 402(b)(2), redesignated par. (4) as (3). Pub. L. 102–291 substituted ‘‘December 31, 1992’’ for ‘‘January 31, 1992’’. Subsec. (b)(4). Pub. L. 102–568, § 402(c)(1), substituted ‘‘December 31, 1995’’ for ‘‘January 31, 1992’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 524 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing in pars. (1) and (2). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in pars. (1) and (2). Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3107’’ for ‘‘1507’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (b)(2)(B)(i). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Subsec. (b)(2)(B)(iii). Pub. L. 102–83, § 5(c)(1), sub- stituted ‘‘3452(b) and 3452(f)’’ for ‘‘1652(b) and 1652(f)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (b)(3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3104(a)(2)’’ for ‘‘1504(a)(2)’’, ‘‘3104(a)(5)’’ for ‘‘1504(a)(5)’’, and ‘‘3104(a)(6)’’ for ‘‘1504(a)(6)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1525’’ for ‘‘525’’. Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. 1989—Subsec. (a)(1), (2). Pub. L. 101–237, § 114(a), sub- stituted ‘‘45’’ for ‘‘50’’. Subsecs. (c) to (e). Pub. L. 101–237, § 114(b), added sub- sec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1988—Subsec. (a)(2). Pub. L. 100–687, § 1303(a), sub- stituted ‘‘is awarded pension during the program pe- riod, or a veteran who was awarded pension before the beginning of the program period,’’ for ‘‘who is awarded pension during the program period’’. Subsecs. (a)(4), (b)(4)(A). Pub. L. 100–687, § 1303(b), sub- stituted ‘‘1992’’ for ‘‘1989’’. 1987—Subsec. (a)(3). Pub. L. 100–227 substituted ‘‘3,500’’ for ‘‘2,500’’. 1986—Subsec. (a)(2). Pub. L. 99–576, § 703(b)(1)(A), sub- stituted ‘‘subsection (b) of this section’’ for ‘‘subsection (d) of this section’’. Subsec. (b)(4). Pub. L. 99–576, § 703(b)(1)(B), substituted ‘‘subsection (a) of this section’’ for ‘‘subsection (a)(1) of this section’’. Subsec. (c). Pub. L. 99–576, § 703(b)(1)(C), substituted ‘‘A veteran’’ for ‘‘Notwithstanding subsection (c) of sec- tion 525 of this title, a veteran’’ and ‘‘defined in sub- section (b)(1) of that section’’ for ‘‘defined in subsection (b) of that section’’, and inserted ‘‘without regard to the date on which the veteran’s entitlement to pension is terminated.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102–291, set out as a note under section 1163 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–576 effective as if included in Pub. L. 98–543, see section 703(c) of Pub. L. 99–576, set out as a note under section 1313 of this title. RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING LAPSED PERIOD Provision of a vocational training program to a vet- eran under this section and the making of related de- terminations under this section ratified with respect to period beginning Feb. 1, 1992, and ending May 20, 1992, see section 2(e) of Pub. L. 102–291, set out as a note under section 1163 of this title. REPORT TO CONGRESSIONAL COMMITTEES; NEW PENSION RECIPIENTS; HEALTH-CARE ELIGIBILITY Section 301(b) of Pub. L. 98–543 directed Adminis- trator of Veterans’ Affairs to submit to Committees on Page 251 TITLE 38—VETERANS’ BENEFITS § 1532 Veterans’ Affairs of Senate and House of Representa- tives not later than Apr. 15, 1988, a report on results of implementation of this section and section 525 [now 1525] of this title during period beginning on Feb. 1, 1985, and ending on Jan. 31, 1988. § 1525. Protection of health-care eligibility (a) In the case of a veteran whose entitlement to pension is terminated after January 31, 1985, by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chap- ter that the veteran would have had if the vet- eran’s entitlement to pension had not been ter- minated. Care and services for which such a vet- eran retains eligibility include, when applicable, drugs and medicines under section 1712(d) of this title. (b) For purposes of this section, the term ‘‘ter- minated by reason of income from work or training’’ means terminated as a result of the veteran’s receipt of earnings from activity per- formed for remuneration or with gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. (Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525; amended Pub. L. 99–272, title XIX, § 19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99–576, title VII, § 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100–687, div. B, title XIII, § 1303(c), Nov. 18, 1988, 102 Stat. 4128; renumbered § 1525 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–291, § 2(c), May 20, 1992, 106 Stat. 178; Pub. L. 102–568, title IV, § 403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104–262, title I, § 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–262, § 101(e)(1)(A), sub- stituted ‘‘section 1712(d) of this title’’ for ‘‘section 1712(h) of this title and special priority with respect to such care and services under clauses (5) and (6) of sec- tion 1712(i)’’. Subsec. (b). Pub. L. 104–262, § 101(e)(1)(B), substituted ‘‘remuneration’’ for ‘‘renumeration’’. 1992—Pub. L. 102–568, § 403(b)(1), substituted ‘‘Protec- tion’’ for ‘‘Temporary protection’’ in section catchline. Subsec. (a). Pub. L. 102–568, § 403(a)(1), substituted ‘‘after January 31, 1985,’’ for ‘‘during the program pe- riod’’. Subsec. (b). Pub. L. 102–568, § 403(a)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘For the purposes of this section: ‘‘(1) The term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. ‘‘(2) The term ‘program period’ means the period be- ginning on February 1, 1985, and ending on December 31, 1992.’’ Pub. L. 102–291 substituted ‘‘December 31, 1992’’ for ‘‘January 31, 1992’’ in par. (2). 1991—Pub. L. 102–83, § 5(a), renumbered section 525 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1712(h)’’ for ‘‘612(h)’’ and ‘‘1712(i)’’ for ‘‘612(i)’’. 1988—Subsec. (b)(2). Pub. L. 100–687 substituted ‘‘1992’’ for ‘‘1989’’. 1986—Subsec. (a). Pub. L. 99–576 struck out ‘‘under section 521 of this title’’ after ‘‘entitlement to pen- sion’’. Pub. L. 99–272 substituted ‘‘clauses (5) and (6) of sec- tion 612(i)’’ for ‘‘section 612(i)(5) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102–291, set out as a note under section 1163 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99–576 effective as if included in Pub. L. 98–543, see section 703(c) of Pub. L. 99–576, set out as a note under section 1313 of this title. Amendment by Pub. L. 99–272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Pub. L. 99–272, set out as a note under section 1710 of this title. RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING LAPSED PERIOD Provision of health care and services to a veteran pursuant to this section ratified with respect to period beginning Feb. 1, 1992, and ending May 20, 1992, see sec- tion 2(e) of Pub. L. 102–291, set out as a note under sec- tion 1163 of this title. SUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND CHILDREN Editorial Notes AMENDMENTS 1975—Pub. L. 94–169, title I, § 101(2)(G), Dec. 23, 1975, 89 Stat. 1014, substituted ‘‘SURVIVING SPOUSES’’ for ‘‘WIDOWS’’ in subchapter heading. WARS BEFORE WORLD WAR I [§ 1531. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 531 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, § 105, Aug. 31, 1967, 81 Stat. 179, which provided for a monthly pension to widows of Mexican War vet- erans, was repealed by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. § 1532. Surviving spouses of Civil War veterans (a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate: (1) $40.64 if such surviving spouse is below seventy years of age; or (2) $70 if such surviving spouse is seventy years of age or older. (b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child. (c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore de-