§ 1524. Vocational training for certain pension recipients

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Veterans’ Benefits Improvement Act of 1984

   Pub. L. 98–543 title III § 301(a)(1) · 98 Stat. 2735

   Enacted · 38 U.S.C. § 1524

   Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2744, § 524

   Source evidence

   Code source credit
   Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2744, § 524

   Enacted provision · exact public law section
   (1) Subchapter II of chapter 15 is amended by adding at the end the following new sections: “§ 524. Temporary program of vocational training for certain new pension recipients “(a) (1) Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 50 who is awarded pension during the program period, the Administrator shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such determination shall be made only after evaluation of the veteran’s potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a Veterans’ Administration employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veteran’s control, to participate in the evaluation in the manner required by the Administrator in order to make such determination, the Administrator shall suspend the veteran’s pension for the duration of such failure. “(2) Subject to paragraph (3) of this subsection, if a veteran who is 50 years of age or older and who is awarded pension during the program period applies for vocational training under this section and the Administrator makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (d) of this section, the veteran has a good potential for achieving employment, the Administrator shall provide the veteran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Veterans’ Administration employee trained in vocational counseling. “(3) Not more than 2,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year. “(4) For the purposes of this section, the term ‘program period’ means the period beginning on February 1, 1985, and ending on January 31, 1989. “(b) (1) If the Administrator, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in section 1507 of this title. “(2) (A) Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of vocationally oriented services and assistance of the kind 38 USC 1500 et seq. provided under chapter 31 of this title and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment. “(B) A vocational training program under this subsection— “(i) may not exceed 24 months unless, based on a determination by the Administrator that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Administrator grants an extension for a period not to exceed 24 months; “(ii) may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment of the kind provided under chapter 39 of this title; and 38 USC 1901 et seq. “(iii) may include a program of education at an institution of higher learning (as defined in sections 1652(b) and 1652(f), respectively, of this title) only in a case in which the Administrator determines that the program involved is predominantly vocational in content. “(3) When a veteran completes a vocational training program under this subsection, the Administrator may provide the veteran with counseling of the kind described in section 1504(a)(2) of this title, placement and postplacement services of the kind described in section 1504(a)(5) of this title, and training of the kind described in section 1504(a)(6) of this title during a period not to exceed 18 months beginning on the date of such completion. “(4) A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) January 31, 1989, or (B) the end of a reasonable period of time, as determined by the Administrator, following either the evaluation of the veteran under subsection (a)(1) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Administrator of such a reasonable period of time shall be made pursuant to regulations which the Administrator shall prescribe. “(c) Notwithstanding subsection (c) of section 525 of this title, a veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of Infra. subsection (a) of section 525 of this title beginning at such time as the veteran’s entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b) of that section). “(d) Payments by the Administrator for education, training, and other services and assistance under subsection (b) of this section (other than the services of Veterans’ Administration employees) shall be made from the Veterans’ Administration appropriations account from which payments for pension are made. “§ 525. Temporary protection of health-care eligibility “(a) In the case of a veteran whose entitlement to pension under section 521 of this title is terminated during the program period by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veteran’s entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under section 612(h) of this title and special priority with respect to such care and services under section 612(i)(5) of this title. “(b) For the purposes of this section: “(1) The term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. “(2) The term ‘program period’ means the period beginning on February 1, 1985, and ending on January 31, 1989.”.

2. 1986

   Pub. L. 99–576 § 703(b)(1)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 1524(a)(2)

   Pub. L. 99–576, § 703(b)(1)(A), substituted “subsection (b) of this section” for “subsection (d) of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–576, § 703(b)(1)(A), substituted “subsection (b) of this section” for “subsection (d) of this section”.

   Enacted provision · exact public law section
   (A) by striking out “subsection (d)” in subsection (a)(2) and inserting in lieu thereof “subsection (b)”;

3. 1986

   Pub. L. 99–576 § 703(b)(1)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 1524(b)(4)

   Pub. L. 99–576, § 703(b)(1)(B), substituted “subsection (a) of this section” for “subsection (a)(1) of this section”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 99–576, § 703(b)(1)(B), substituted “subsection (a) of this section” for “subsection (a)(1) of this section”.

   Enacted provision · exact public law section
   (B) by striking out “subsection (a)(1)” in subsection (b)(4) and inserting in lieu thereof “subsection (a)”; and

4. 1986

   Pub. L. 99–576 § 703(b)(1)(C) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 1524(c)

      Pub. L. 99–576, § 703(b)(1)(C), substituted “A veteran” for “Notwithstanding subsection (c) of section 525 of this title, a veteran”

   2. Substituted · 38 U.S.C. § 1524(c)

      Pub. L. 99–576, § 703(b)(1)(C), substituted “defined in subsection (b)(1) of that section” for “defined in subsection (b) of that section”

   3. Inserted · 38 U.S.C. § 1524(c)

      Pub. L. 99–576, § 703(b)(1)(C), inserted “without regard to the date on which the veteran’s entitlement to pension is terminated.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 703(b)(1)(C), substituted “A veteran” for “Notwithstanding subsection (c) of section 525 of this title, a veteran” and “defined in subsection (b)(1) of that section” for “defined in subsection (b) of that section”, and inserted “without regard to the date on which the veteran’s entitlement to pension is terminated.”

   Enacted provision · exact public law section
   (C) in subsection (c)— (i) by striking out “Notwithstanding subsection (c) of section 525 of this title, a veteran” and inserting in lieu thereof “A veteran”; (ii) by striking out “subsection (b)” the second place it appears and inserting in lieu thereof “subsection (b)(1)”; and (iii) by striking out the period and inserting in lieu thereof “without regard to the date on which the veteran’s entitlement to pension is terminated.”.

5. 1987

   Pub. L. 100–227 title II § 202 · 101 Stat. 1552

   Substituted · 38 U.S.C. § 1524(a)(3)

   Pub. L. 100–227 substituted “3,500” for “2,500”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–227 substituted “3,500” for “2,500”.

   Enacted provision · exact public law section
   SEC. 202. INCREASE IN LIMIT ON VOCATIONAL-TRAINING EVALUATIONS OF VETERANS RECEIVING PENSIONS. Section 524(a)(3) is amended by striking out “2,500” and inserting in lieu thereof “3,500”.

6. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1303(a) · 102 Stat. 4105

   Substituted · 38 U.S.C. § 1524(a)(2)

   Pub. L. 100–687, § 1303(a), substituted “is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period,” for “who is awarded pension during the program period”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–687, § 1303(a), substituted “is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period,” for “who is awarded pension during the program period”.

   Enacted provision · exact public law section
   (a) Eligibility.— Subsection (a)(2) of section 524 is amended by striking out “who is awarded pension during the program period” and inserting in lieu thereof “is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period,”.

7. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1303(b) · 102 Stat. 4105

   Substituted · 38 U.S.C. § 1524(a)(4); 38 U.S.C. § 1524(b)(4)(A)

   Pub. L. 100–687, § 1303(b), substituted “1992” for “1989”

   Source evidence

   Code amendment note
   Subsecs. (a)(4), (b)(4)(A). Pub. L. 100–687, § 1303(b), substituted “1992” for “1989”.

   Enacted provision · exact public law section
   (b) Extension of Program Period.— Subsections (a)(4) and (b)(4)(A) of such section are each amended by striking out “January 31, 1989” and inserting in lieu thereof “January 31, 1992”.

8. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 114(a) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 1524(a)(1); 38 U.S.C. § 1524(a)(2)

   Pub. L. 101–237, § 114(a), substituted “45” for “50”

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 101–237, § 114(a), substituted “45” for “50”.

   Enacted provision · exact public law section
   (a) Reduction in Maximum Age of New Pension Recipients for Whom Vocational Evaluations Are Required.— Section 524(a) is amended by striking out “50” in paragraphs (1) and (2) and inserting in lieu thereof “45”.

9. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 114(b) · 103 Stat. 2062

   1. Added · 38 U.S.C. § 1524(c)(e)

      Pub. L. 101–237, § 114(b), added subsec. (c)

   2. Redesignated · 38 U.S.C. § 1524(c)(e)

      Pub. L. 101–237, § 114(b), redesignated former subsecs. (c) and (d) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 101–237, § 114(b), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

   Enacted provision · exact public law section
   (b) Preservation of Disability Rating.— Section 524 is amended by redesignating subsections (c) and (d) as subsections (d) and (e) and inserting after subsection (b) the following: “(c) In the case of a veteran who has been determined to have a permanent and total non-service-connected disability and who, not later than one year after the date the veteran’s eligibility for counseling under subsection (b)(3) of this section expires, secures employment within the scope of a vocational goal identified in the veteran’s individualized written plan of vocational rehabilitation (or in a related field which requires reasonably developed skills and the use of some or all of the training or services furnished the veteran under such plan), the evaluation of the veteran as having a permanent and total disability may not be terminated by reason of the veteran’s capacity to engage in such employment until the veteran first maintains such employment for a period of not less than 12 consecutive months.”.

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1524

    Pub. L. 102–83, § 5(a), renumbered section 524 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 524 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in pars. (1) and (2).

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

12. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in pars. (1) and (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in pars. (1) and (2).

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

13. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3107” for “1507”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “3107” for “1507”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

14. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(1)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

15. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(2)(B)(i)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(i). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

16. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(2)(B)(iii)

    Pub. L. 102–83, § 5(c)(1), substituted “3452(b) and 3452(f)” for “1652(b) and 1652(f)”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(iii). Pub. L. 102–83, § 5(c)(1), substituted “3452(b) and 3452(f)” for “1652(b) and 1652(f)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

17. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(2)(B)(iii)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

18. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1524(b)(3)

       Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)”

    2. Substituted · 38 U.S.C. § 1524(b)(3)

       Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(5)” for “1504(a)(5)”

    3. Substituted · 38 U.S.C. § 1524(b)(3)

       Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(6)” for “1504(a)(6)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)”, “3104(a)(5)” for “1504(a)(5)”, and “3104(a)(6)” for “1504(a)(6)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

19. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(3)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

20. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(b)(4)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

21. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(d)

    Pub. L. 102–83, § 5(c)(1), substituted “1525” for “525”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1525” for “525”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

22. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(e)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

23. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1524(e)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

24. 1992

    Pub. L. 102–291 § 2(b) · 106 Stat. 178

    Substituted · 38 U.S.C. § 1524(a)(4)

    Pub. L. 102–291 substituted “December 31, 1992” for “January 31, 1992”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–291 substituted “December 31, 1992” for “January 31, 1992”.

    Enacted provision · exact public law section
    (b) Program of Vocational Training for New Pension Recipients.— Section 1524(a)(4) of such title is amended by striking out “January 31, 1992” and inserting in lieu thereof “December 31, 1992”.

    Effective date note
    Amendment by Pub. L. 102–291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102–291, set out as a note under section 1163 of this title.

25. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 402(c)(2)(A) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1524

    Pub. L. 102–568, § 402(c)(2)(A), substituted “Vocational training for certain pension recipients” for “Temporary program of vocational training for certain new pension recipients” as section catchline

    Source evidence

    Code amendment note
    Pub. L. 102–568, § 402(c)(2)(A), substituted “Vocational training for certain pension recipients” for “Temporary program of vocational training for certain new pension recipients” as section catchline.

    Enacted provision · exact public law section
    (A) The heading of such section is amended to read as follows: 1524. Vocational training for certain pension recipients”.

26. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 402(a) · 106 Stat. 4320

    Amended · 38 U.S.C. § 1524(a)(1)

    Pub. L. 102–568, § 402(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 45 who is awarded pension during the program period, the Secretary shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such determination shall be made only after evaluation of the veteran’s potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a Department employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veteran’s control, to participate in the evaluation in the manner required by the Secretary in order to make such determination, the Secretary shall suspend the veteran’s pension for the duration of such failure.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–568, § 402(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 45 who is awarded pension during the program period, the Secretary shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such determination shall be made only after evaluation of the veteran’s potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a Department employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veteran’s control, to participate in the evaluation in the manner required by the Secretary in order to make such determination, the Secretary shall suspend the veteran’s pension for the duration of such failure.”

    Enacted provision · exact public law section
    (a) Extension of Program.— Subsection (a)(1) of section 1524 is amended to read as follows: “(a) (1) In the case of a veteran under age 45 who is awarded a pension during the program period, the Secretary shall, based on information on file with the Department of Veterans Affairs, make a preliminary finding whether such veteran, with the assistance of a vocational training program under this section, has a good potential for achieving employment. If such potential is found to exist, the Secretary shall solicit from the veteran an application for vocational training under this section. If the veteran thereafter applies for such training, the Secretary shall provide the veteran with an evaluation, which may include a personal interview, to determine whether the achievement of a vocational goal is reasonably feasible.”.

27. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 402(b) · 106 Stat. 4320

    1. Redesignated · 38 U.S.C. § 1524(a)(3)

       Pub. L. 102–568, § 402(b), redesignated par. (4) as (3)

    2. Substituted · 38 U.S.C. § 1524(a)(3)

       Pub. L. 102–568, § 402(b), substituted “December 31, 1995” for “December 31, 1992”

    3. Struck · 38 U.S.C. § 1524(a)(3)

       Pub. L. 102–568, § 402(b), struck out former par. (3) which read as follows: “Not more than 3,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–568, § 402(b), redesignated par. (4) as (3), substituted “December 31, 1995” for “December 31, 1992”, and struck out former par. (3) which read as follows: “Not more than 3,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year.”

    Enacted provision · exact public law section
    (b) Program Extension.— Section 1524(a) is further amended— (1) by striking out paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3) and in that paragraph striking out “December 31, 1992” and inserting in lieu thereof “December 31, 1995”.

28. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 402(b)(2) · 106 Stat. 4320

    Redesignated · 38 U.S.C. § 1524(a)(4)

    Pub. L. 102–568, § 402(b)(2), redesignated par. (4) as (3)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–568, § 402(b)(2), redesignated par. (4) as (3).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (3) and in that paragraph striking out “December 31, 1992” and inserting in lieu thereof “December 31, 1995”.

29. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 402(c)(1) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1524(b)(4)

    Pub. L. 102–568, § 402(c)(1), substituted “December 31, 1995” for “January 31, 1992”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–568, § 402(c)(1), substituted “December 31, 1995” for “January 31, 1992”.

    Enacted provision · exact public law section
    (1) Section 1524(b)(4) is amended by striking out “January 31, 1992” and inserting in lieu thereof “December 31, 1995”.

30. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(g)(2) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 1524(a)(2)

    Pub. L. 103–446 substituted “If” for “Subject to paragraph (3) of this subsection, if”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–446 substituted “If” for “Subject to paragraph (3) of this subsection, if”.

    Enacted provision · exact public law section
    (2) Section 1524(a)(2) is amended by striking out “Subject 38 USC 1524. to paragraph (3) of this subsection, if” and inserting in lieu thereof “If”.

37 of 37 references resolved to an enrolled provision