38 U.S.C. § 1804 — Vocational training and rehabilitation

Page 489 TITLE 38—VETERANS’ BENEFITS § 1804 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled per- son. (9) The term ‘‘respite care’’ means care fur- nished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such pri- vate residence. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–368, title X, § 1005(b)(4), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110–387, title IV, § 408(a), Oct. 10, 2008, 122 Stat. 4130.) Editorial Notes PRIOR PROVISIONS A prior section 1803 was renumbered section 3703 of this title. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–387 substituted ‘‘health care under this section’’ for ‘‘such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition’’. 1998—Subsec. (c)(2). Pub. L. 105–368 substituted ‘‘fur- nishing health care services that the Secretary deter- mines are authorized’’ for ‘‘who furnishes health care that the Secretary determines authorized’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–387, title IV, § 408(b), Oct. 10, 2008, 122 Stat. 4130, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to care furnished after the date of the enactment of this Act [Oct. 10, 2008].’’ § 1804. Vocational training and rehabilitation (a) Pursuant to such regulations as the Sec- retary may prescribe, the Secretary may pro- vide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. (b) Any program of vocational training for a child under this section shall— (1) be designed in consultation with the child in order to meet the child’s individual needs; (2) be set forth in an individualized written plan of vocational rehabilitation; and (3) be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection. (c)(1) A vocational training program for a child under this section— (A) shall consist of such vocationally ori- ented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vo- cational training or employment; and (B) may include a program of education at an institution of higher learning if the Sec- retary determines that the program of edu- cation is predominantly vocational in content. (2) A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment. (d)(1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational train- ing program under this section may not exceed 24 months. (2) The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is nec- essary in order for the child to achieve a voca- tional goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b). (3) A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, ex- cept that, if the child is above the age of com- pulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday. (e)(1) A child who is pursuing a program of vo- cational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assist- ance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance. (2) The aggregate period for which a child may receive assistance under this section and chap- ter 35 of this title may not exceed 48 months (or the part-time equivalent thereof). (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2924; amended Pub. L. 105–114, title IV, § 404(c), Nov. 21, 1997, 111 Stat. 2295; Pub. L. 108–183, title VII, § 708(a)(3), Dec. 16, 2003, 117 Stat. 2673.) Editorial Notes PRIOR PROVISIONS A prior section 1804 was renumbered section 3704 of this title. AMENDMENTS 2003—Subsec. (c)(2). Pub. L. 108–183 substituted ‘‘sec- tion’’ for ‘‘subsection’’. 1997—Subsec. (b). Pub. L. 105–114, § 404(c)(1), sub- stituted ‘‘shall—’’ for ‘‘shall be designed in consulta- tion with the child in order to meet the child’s indi- vidual needs and shall be set forth in an individualized written plan of vocational rehabilitation.’’ and added pars. (1) to (3). Subsec. (c)(1)(B). Pub. L. 105–114, § 404(c)(2), sub- stituted ‘‘higher learning’’ for ‘‘higher education’’. Subsec. (d)(3). Pub. L. 105–114, § 404(c)(3), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–114, title IV, § 404(d), Nov. 21, 1997, 111 Stat. 2295, provided that: ‘‘The amendments made by this section [amending this section and sections 1801 and 1806 of this title] shall take effect as of October 1, 1997.’’ Page 490 TITLE 38—VETERANS’ BENEFITS § 1805 § 1805. Monetary allowance (a) The Secretary shall pay a monthly allow- ance under this section to any child of a Viet- nam veteran for any disability resulting from spina bifida suffered by such child. (b)(1) The amount of the allowance paid to a child under this section shall be based on the de- gree of disability suffered by the child, as deter- mined in accordance with such schedule for rat- ing disabilities resulting from spina bifida as the Secretary may prescribe. (2) The Secretary shall, in prescribing the rat- ing schedule for the purposes of this section, es- tablish three levels of disability upon which the amount of the allowance provided by this sec- tion shall be based. (3) The amounts of the allowance shall be $200 per month for the lowest level of disability pre- scribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability pre- scribed. Such amounts are subject to adjust- ment under section 5312 of this title. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.) Editorial Notes PRIOR PROVISIONS A prior section 1805 was renumbered section 3705 of this title. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), sub- stituted ‘‘this section’’ for ‘‘this chapter’’. Subsecs. (c), (d). Pub. L. 106–419, § 401(c)(2), struck out subsecs. (c) and (d) which read as follows: ‘‘(c) Notwithstanding any other provision of law, re- ceipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any in- dividual to receive any benefit to which the individual is entitled under any law administered by the Sec- retary that is based on the child’s relationship to the individual. ‘‘(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligi- bility for or the amount of benefits under any Federal or federally assisted program.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. [§ 1806. Repealed. Pub. L. 106–419, title IV, § 401(c)(3), Nov. 1, 2000, 114 Stat. 1860] Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2926; amended Pub. L. 105–114, title IV, § 404(b)(1), Nov. 21, 1997, 111 Stat. 2294, related to applicability of certain administrative provisions. Prior section 1806 was renumbered section 3706 of this title. Prior section 1807, added Pub. L. 94–324, § 2(a), June 30, 1976, 90 Stat. 720; amended Pub. L. 97–72, title III, § 303(d), Nov. 3, 1981, 95 Stat. 1060, related to service after July 25, 1947, and prior to June 27, 1950, prior to repeal by Pub. L. 100–322, title IV, § 415(a)(4), May 20, 1988, 102 Stat. 550. Prior section 1810 was renumbered section 3710 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CER- TAIN BIRTH DEFECTS § 1811. Definitions In this subchapter: (1) The term ‘‘eligible child’’ means an indi- vidual who— (A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam vet- eran; and (B) was born with one or more covered birth defects. (2) The term ‘‘covered birth defect’’ means a birth defect identified by the Secretary under section 1812 of this title. (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108–183, title I, § 102(d)(1), Dec. 16, 2003, 117 Stat. 2654.) Editorial Notes PRIOR PROVISIONS A prior section 1811 was renumbered section 3711 of this title. AMENDMENTS 2003—Par. (1)(A). Pub. L. 108–183 substituted ‘‘section 1831(1)’’ for ‘‘section 1821(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–419, title IV, § 401(g), Nov. 1, 2000, 114 Stat. 1861, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000]. ‘‘(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by sub- chapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1).’’ § 1812. Covered birth defects (a) IDENTIFICATION.—The Secretary shall iden- tify the birth defects of children of women Viet- nam veterans that— (1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and