38 U.S.C. § 3110 — Leaves of absence

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. Page 700 TITLE 38—VETERANS’ BENEFITS § 3111 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 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. § 3111. Regulations to promote satisfactory con- duct and cooperation The Secretary shall prescribe such rules and regulations as the Secretary determines nec- essary to promote satisfactory conduct and co- operation on the part of veterans who are pur- suing rehabilitation programs under this chap- ter. In any case in which the Secretary deter- mines that a veteran has failed to maintain sat- isfactory 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 de- termines that mitigating circumstances exist. In any case in which such services and assist- ance 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 re- moved; and (2) the rehabilitation program which such veteran proposes to pursue (whether the same or revised) is suitable to such veteran’s abili- ties, 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.) Editorial Notes 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 ‘‘Ad- ministrator’’ wherever appearing. 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. § 3112. Revolving fund loans 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 reha- bilitation programs under this chapter. Such ad- vances, and advances from such fund made be- fore the effective date of the Veterans’ Rehabili- tation and Education Amendments of 1980, shall bear no interest and shall be repaid in such in- stallments, as may be determined by the Sec- retary, by proper deductions from future pay- ments of compensation, pension, subsistence al- lowance, educational assistance allowance, or retirement pay. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1512; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3112 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes 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 Regu- lation Numbered 1(a), as added by act Mar. 24, 1943, ch. 22, § 2, 57 Stat. 44, which was set out in chapter 12A of former Title 38, Pensions, Bonuses, and Veterans’ Re- lief. The appropriation for such fund made by act July 12, 1943, ch. 218, § 1, 57 Stat. 434, was reduced by act June 24, 1954, ch. 359, title I, § 101(part), 68 Stat. 293, and re- pealed by Pub. L. 85–857, § 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, effec- tive 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 cer- tain 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. 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)’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. Statutory Notes and Related Subsidiaries 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. 2181, shall apply to vet- erans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1507 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.