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38 U.S.C. § 3111 — Regulations to promote satisfactory con-

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3111 — Regulations to promote satisfactory con-

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

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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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3111 — Regulations to promote satisfactory conduct and cooperation

The Secretary shall prescribe such rules and regulations as the Secretary determines necessary to promote satisfactory conduct and cooperation on the part of veterans who are pursuing rehabilitation programs under this chapter. In any case in which the Secretary determines that a veteran has failed to maintain satisfactory 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 determines that mitigating circumstances exist. In any case in which such services and assistance 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 removed; and (2) the rehabilitation program which such veteran proposes to pursue (whether the same or revised) is suitable to such veteran’s abilities, aptitudes, and interests.

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