Pub. L. 104-275, tit. I, sec. 101

EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY RECEIVE TRAINING AND REHABILITATION ASSISTANCE.

EnactedYear: 1996Length: 971 wordsOfficial source
SEC. 101. EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY RECEIVE TRAINING AND REHABILITATION ASSISTANCE. (a) Definitions.— Section 3101 is amended— (1) in paragraph (1), by inserting “, resulting in substantial part from a disability described in section 3102(1)(A) of this title, ” after “impairment”; (2) in paragraph (6), by inserting “authorized under section 3120 of this title” after “assistance”; and (3) in paragraph (7), by inserting “, resulting in substantial part from a service-connected disability rated at 10 percent or more, ” after “impairment”. (b) Basic Entitlement.— Section 3102 is amended— 110 STAT. 3324 (1) in paragraph (l)(A)(i), by striking out “which is” and all that follows through “chapter 11 of this title and” and inserting in lieu thereof “rated at 20 percent or more”; (2) in paragraph (2)(A), by striking out “which is” and all that follows through “chapter 11 of this title and” and inserting in lieu thereof “rated at 10 percent”; and (3) by amending paragraph (2)(B) to read as follows: “(B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap.”. (c) Periods of Eligibility.— Section 3103 is amended— (1) in subsection (b)(3), by striking out “described in section 3102(l)(A)(i) of this title” and inserting in lieu thereof “rated at 10 percent or more”; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking out “particular” and inserting in lieu thereof “current”; and (B) in paragraph (2), by striking out “veteran’s employment” and inserting in lieu thereof “veteran’s current employment”; and (3) in subsection (d), by striking out “under this chapter” and inserting in lieu thereof “in accordance with the provisions of section 3120 of this title”. (d) Scope of Services and Assistance.— Section 3104 is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking out “such veteran’s disability or disabilities cause” and inserting in lieu thereof “the veteran has an employment handicap or”; and (ii) by inserting “reasonably” after “goal is”; (B) in paragraph (7)(A)— (i) by striking out “(i)”; and (ii) by striking out “, and (ii)” and all that follows through “such Act”; and (C) in paragraph (12), by striking out “For the most severely disabled veterans requiring” and inserting in lieu thereof “For veterans with the most severe service-con-nected disabilities who require”; and (2) by striking out subsection (b) and redesignating subsection (c) as subsection (b). (e) Duration of Rehabilitation Programs.— Paragraph (1) of section 3105(c) is amended by striking out “veteran’s employment” and inserting in lieu thereof “veteran’s current employment”. (f) Initial and Extended Evaluations; Determinations Regarding Serious Employment Handicap.— (1) Section 3106 is amended— (A) in subsection (a), by striking out “described in clause (i) or (ii) of section 3102(l)(A) of this title” and inserting in lieu thereof “rated at 10 percent or more”; (B) in subsection (b), by striking out “counseling in accordance with”; (C) in subsection (c), by striking out “with extended” and inserting in Heu thereof “with an extended”; and 110 STAT. 3325 (D) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and inserting after subsection (c) the following new subsection: “(d) In any case in which the Secretary has determined that a veteran has a serious employment handicap and also determines, following such initial and any such extended evaluation, that achievement of a vocational goal currently is not reasonably feasible, the Secretary shall determine whether the veteran is capable of participating in a program of independent living services and assistance under section 3120 of this title.”. (2) Chapter 31 is amended— (A) in section 3107(c)(2), by striking out “3106(e)” and inserting in lieu thereof “3106(f)”; (B) in section 3109, by striking out “3106(d)” and inserting in lieu thereof “3106(e)”; (C) in section 3118(c), by striking out “3106(e)” and inserting in lieu thereof “3106(f)”; and (D) in section 3120(b), by striking out “3106(d)” and inserting in lieu thereof “3106(d) or (e)”. (g) Allowances.— Section 3108 is amended— (1) in subsection (a)(2), by striking out “following the conclusion of such pursuit” and inserting in lieu thereof “while satisfactorily following a program of employment services provided under section 3104(a)(5) of this title”; and (2) in subsection (f)(1)— (A) in subparagraph (A)— (i) by inserting “eligible for and” after “veteran is”; (ii) by striking out “chapter 30 or 34” and inserting in lieu thereof “chapter 30”; and (iii) by striking out “either chapter 30 or chapter 34” and inserting in lieu thereof “chapter 30”; and (B) in subparagraph (B), by striking out “chapter 30 or 34” and inserting in lieu thereof “chapter 30”. (h) Employment Assistance.— Paragraph (1) of section 3117(a) is amended by inserting “rated at 10 percent or more” after “disability”. (i) Program of Independent Living Services and Assistance.—Section 3120 is amended— (1) in subsection (b), by striking out “service-connected disability described in section 3102(1)(A)” and inserting in lieu thereof “serious employment handicap resulting in substantial part from a service-connected disability described in section 3102(l)(A)(i)”; and (2) in subsection (d), by striking out “and (b)”. (j) Effective Date.— (1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendments made by subsection (a) (other than paragraph (2)), subsection (d) (other than subparagraphs (A) and (B) of paragraph (1)), and subsection (i) shall only apply with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under chapter 31 of title 38, United States Code, received by the Secretary of Veterans Affairs on or after the date of the enactment of this Act, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise 110 STAT. 3326 adjudicate or readjudicate on any basis claims for services and assistance under such chapter.
Pub. L. 104-275, tit. I, sec. 101: EMPLOYMENT HANDICAP FOR WHICH AN INDIVIDUAL MAY RECEIVE TRAINING AND REHABILITATION ASSISTANCE. | Justis AI