38 U.S.C. § 3109 — Entitlement to independent living serv-

Page 699 TITLE 38—VETERANS’ BENEFITS § 3110 Subsec. (h). Pub. L. 101–237, § 423(b)(1)(B), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1984—Subsec. (b). Pub. L. 98–543 increased the month- ly rehabilitation subsistence allowance for eligible vet- erans 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 ref- erences to chapter 30 of this title. 1982—Subsec. (g)(2). Pub. L. 97–306 inserted ‘‘not’’ after ‘‘shall’’ and struck out ‘‘if the Administrator de- termines that all the veteran’s living expenses are being defrayed by a Federal, State, or local govern- ment’’ at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title II, § 205(b), Jan. 4, 2011, 124 Stat. 4126, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Au- gust 1, 2011.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title IV, § 405(c), Oct. 29, 1992, 106 Stat. 4339, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] shall take effect on October 1, 1993.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–237, title IV, § 402(b), Dec. 18, 1989, 103 Stat. 2078, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Janu- ary 1, 1990.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title II, § 205, Oct. 24, 1984, 98 Stat. 2743, provided that: ‘‘The amendments made by this part [part A (§§ 201–205) of title II of Pub. L. 98–543, see Ta- bles 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 begin- ning on Oct. 1, 1980, and ending on Mar. 31, 1981, the pro- visions of this section, as added by Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2178, shall apply to vet- erans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1504 of this title applied to veterans pur- suing 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. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE ALLOWANCES Pub. L. 116–140, § 8, Apr. 28, 2020, 134 Stat. 634, which temporarily allowed for additional subsistence allow- ances for certain veterans, was repealed by Pub. L. 117–333, § 4(b), Jan. 5, 2023, 136 Stat. 6128. APPLICABILITY OF SUBSECTION (g)(1) TO APPORTIONMENTS MADE BEFORE OCTOBER 17, 1980 Pub. L. 96–466, title I, § 101(c), Oct. 17, 1980, 94 Stat. 2186, 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 be- fore the date of the enactment of this Act [Oct. 17, 1980].’’ § 3109. Entitlement to independent living serv- ices and assistance In any case in which the Secretary has deter- mined under section 3106(e) of this title that the achievement of a vocational goal by a veteran currently is not reasonably feasible, such vet- eran shall be entitled, in accordance with the provisions of section 3120 of this title, to a pro- gram of independent living services and assist- ance designed to enable such veteran to achieve maximum independence in daily living. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1509; amended Pub. L. 99–576, title III, § 333(b)(5), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3109 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(f)(2)(B), Oct. 9, 1996, 110 Stat. 3325.) Editorial Notes 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 ‘‘Ad- ministrator’’. 1986—Pub. L. 99–576 inserted ‘‘currently’’ after first reference to ‘‘veteran’’. Statutory Notes and Related Subsidiaries 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. § 3110. Leaves of absence The Secretary shall prescribe such regulations as the Secretary determines necessary for grant- ing leaves of absence to veterans pursuing reha- bilitation programs under this chapter. During authorized leaves of absence, a veteran shall be considered to be pursuing such program. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1510; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3110, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes 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.