38 U.S.C. § 3121 — Veterans’ Advisory Committee on Reha-

Page 706 TITLE 38—VETERANS’ BENEFITS § 3121 Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3104(a)’’ for ‘‘1504(a)’’ and ‘‘3107’’ for ‘‘1507’’. 1989—Subsec. (a). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Pub. L. 101–237, § 404(2)–(4), redesignated former par. (1) of subsec. (a) as entire subsection, substituted ‘‘The’’ for ‘‘During fiscal years 1982 through 1989, the’’, ‘‘subsection (f) of this section’’ for ‘‘paragraph (7) of this subsection’’ and ‘‘subsection (b) of this section’’ for ‘‘paragraph (2) of this subsection’’, redesignated former pars. (2), (3), (4), (6), and (7) of subsec. (a) as subsecs. (b), (c), (d), (e), and (f) of this section, respectively, and struck out former par. (5) which read as follows: ‘‘Any contract for services initiated with respect to any vet- eran under this section before the end of fiscal year 1989 may be continued in effect after the end of such year for the purposes of providing services and assistance to such veteran in accordance with the provisions of this chapter.’’ Subsec. (b). Pub. L. 101–237, § 404(1), (3), (5), redesig- nated former subsec. (a)(2) as (b), struck out before pe- riod at end ‘‘and who is selected pursuant to criteria provided for in regulations prescribed under paragraph (1) of this subsection’’ and struck out former subsec. (b) which read as follows: ‘‘Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Rep- resentatives statistical data regarding veterans’ par- ticipation in the program conducted under subsection (a) of this section during fiscal years 1987 and 1988 and any recommendations of the Administrator for admin- istrative or legislative action or both regarding the program.’’ Subsec. (c). Pub. L. 101–237, § 423(b)(1), substituted ‘‘Secretary’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, re- spectively, wherever appearing. Pub. L. 101–237, § 404(3), (6), redesignated former sub- sec. (a)(3) as (c) and substituted ‘‘subsection (b) of this section’’ for ‘‘paragraph (2) of this subsection’’. Subsec. (d). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 101–237, § 404(3), redesignated former subsec. (a)(4) as (d). Subsec. (e). Pub. L. 101–237, § 404(3), (7), redesignated former subsec. (a)(6) as (e) and substituted ‘‘in each fis- cal year’’ for ‘‘in each of the fiscal years 1982 through 1989’’. Subsec. (f). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 101–237, § 404(3), (8), redesignated former sub- sec. (a)(7) as (f) and substituted ‘‘in this subsection are (1) public or nonprofit agencies or organizations, and (2)’’ for ‘‘in this paragraph are (A) public or nonprofit agencies or organizations, and (B)’’. 1988—Subsec. (a)(1). Pub. L. 100–689, § 202(b)(1), sub- stituted ‘‘entities described in paragraph (7) of this sub- section’’ for ‘‘public or nonprofit private agencies or or- ganizations’’. Subsec. (a)(7). Pub. L. 100–689, § 202(b)(2), added par. (7). 1986—Pub. L. 99–576, § 333(b)(6), substituted ‘‘Pro- gram’’ for ‘‘Pilot program’’ in section catchline. Subsec. (a)(1). Pub. L. 99–576, § 333(a)(1)(A), sub- stituted ‘‘1989’’ for ‘‘1985’’. Subsec. (a)(2). Pub. L. 99–576, § 333(a)(1)(B), inserted ‘‘currently’’ after ‘‘goal’’. Subsec. (a)(5), (6). Pub. L. 99–576, § 333(a)(1)(A), sub- stituted ‘‘1989’’ for ‘‘1985’’. Subsec. (b). Pub. L. 99–576, § 333(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Not later than September 30, 1984, the Admin- istrator shall submit to the Congress a report on the programs of independent living services and assistance provided for in subsection (a) of this section. Such re- port shall include— ‘‘(1) the results of a study which the Administrator shall conduct of the accomplishments and cost-effec- tiveness of such programs, including the extent to which (A) such programs have met needs for com- prehensive independent living services that would not otherwise have been met, (B) severely disabled vet- erans have achieved and maintained greater inde- pendence in daily living as a result of participation in the programs, and (C) costs of care in hospital, nurs- ing home, and domiciliary facilities have been and may be avoided as the result of such programs; and ‘‘(2) the Administrator’s recommendations for any legislative changes with respect to the provision of independent living services and assistance to vet- erans for whom the achievement of a vocational goal is not feasible.’’ 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 2010 AMENDMENT Pub. L. 111–275, title VIII, § 801(b), Oct. 13, 2010, 124 Stat. 2888, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal years beginning after the date of the enactment of this Act [Oct. 13, 2010].’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–103, title V, § 508(b), Dec. 27, 2001, 115 Stat. 997, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as of September 30, 2001.’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–275 effective Oct. 9, 1996, with amendment by section 101(i) of Pub. L. 104–275 only applicable with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under this chapter received by the Secretary of Vet- erans Affairs on or after Oct. 9, 1996, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise adju- dicate or readjudicate on any basis claims for services and assistance under this chapter, see section 101(j) of Pub. L. 104–275, set out as a note under section 3101 of this title. EFFECTIVE DATE 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. § 3121. Veterans’ Advisory Committee on Reha- bilitation (a)(1) The Secretary shall appoint an advisory committee to be known as the Veterans’ Advi- sory Committee on Rehabilitation (hereinafter in this section referred to as the ‘‘Committee’’). (2) The members of the Committee shall be ap- pointed by the Secretary from the general pub- lic and shall serve for terms to be determined by the Secretary not to exceed three years. Vet- erans with service-connected disabilities shall be appropriately represented in the membership of the Committee, and the Committee shall also include persons who have distinguished them- selves in the public and private sectors in the fields of rehabilitation medicine, vocational guidance, vocational rehabilitation, and employ- ment and training programs. The Secretary may designate one of the members of the Committee appointed under this paragraph to chair the Committee. Page 707 TITLE 38—VETERANS’ BENEFITS § 3122 (3) The Committee shall also include as ex officio members the following: (A) one rep- resentative from the Veterans Health Adminis- tration and one from the Veterans Benefits Ad- ministration, (B) one representative from the Rehabilitation Services Administration of the Department of Education and one from the Na- tional Institute for Handicapped Research of the Department of Education, and (C) one represent- ative of the Assistant Secretary of Labor for Veterans’ Employment and Training of the De- partment of Labor. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Com- mittee with respect to the administration of veterans’ rehabilitation programs under this title. (c) The Committee shall submit to the Sec- retary an annual report on the rehabilitation programs and activities of the Department of Veterans Affairs and shall submit such other re- ports and recommendations to the Secretary as the Committee determines appropriate. The an- nual report shall include an assessment of the rehabilitation needs of veterans and a review of the programs and activities of the Department of Veterans Affairs designed to meet such needs. The Secretary shall submit with each annual re- port submitted to the Congress pursuant to sec- tion 529 of this title a copy of all reports and recommendations of the Committee submitted to the Secretary since the previous annual re- port of the Secretary was submitted to the Con- gress pursuant to such section. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2186, § 1521; amended Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–54, § 14(c)(5), June 13, 1991, 105 Stat. 285; renumbered § 3121 and amended Pub. L. 102–83, §§ 2(c)(3), 5(a), Aug. 6, 1991, 105 Stat. 402, 406; Pub. L. 103–446, title XII, § 1201(b)(1), (i)(5), Nov. 2, 1994, 108 Stat. 4682, 4688.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(3)(A). Pub. L. 103–446 substituted ‘‘Veterans Health Administration’’ for ‘‘Department of Medicine and Surgery’’ and ‘‘Veterans Benefits Admin- istration’’ for ‘‘Department of Veterans’ Benefits’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1521 of this title as this section. Subsec. (a)(3). Pub. L. 102–54 substituted ‘‘Veterans’ Employment and Training’’ for ‘‘Veterans’ Employ- ment’’. Subsec. (c). Pub. L. 102–83, § 2(c)(3), substituted ‘‘sec- tion 529’’ for ‘‘section 214’’. 1989—Subsecs. (a)(1), (2), (b). Pub. L. 101–237 sub- stituted ‘‘Secretary’’ and ‘‘Department of Veterans Af- fairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administra- tion’’, respectively, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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. § 3122. Longitudinal study of vocational rehabili- tation programs (a) STUDY REQUIRED.—(1) Subject to the avail- ability of appropriated funds, the Secretary shall conduct a longitudinal study of a statis- tically valid sample of each of the groups of in- dividuals described in paragraph (2). The Sec- retary 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 nec- essary 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 indi- viduals 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 re- ceived by such individuals. (6) Any unemployment benefits received by such individuals. (7) The average number of months such indi- viduals were employed during the year covered by the report. (8) The average annual starting and ending salaries of such individuals who were em- ployed 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 indi- viduals made to Department medical facilities during the year covered by the report. (12) The average number of visits such indi- viduals made to non-Department medical fa- cilities during the year covered by the report. (13) The average annual income of such indi- viduals. (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.