38 U.S.C. § 3102

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3102 - Basic entitlement

(a) IN GENERAL.-A person shall be entitled to a rehabilitation program under the terms and conditions of this chapter if-

(1) the person-

(A) is-

(i) a veteran who has a service-connected disability rated at 20 percent or more which was incurred or aggravated in service on or after September 16, 1940; or

(ii) hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, air, or space service, and the Secretary determines that-

(I) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned; and

(II) the person is suffering from a disability which will likely be compensable at a rate of 20 percent or more under chapter 11 of this title; and

(B) is determined by the Secretary to be in need of rehabilitation because of an employment handicap; or

(2) the person is a veteran who-

(A) has a service-connected disability rated at 10 percent which was incurred or aggravated in service on or after September 16, 1940; and

(B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap.

(b) ADDITIONAL REHABILITATION PROGRAMS FOR PERSONS WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER STATE LAW.-

(1) Except as provided in paragraph (4), a person who has completed a rehabilitation program under this chapter shall be entitled to an additional rehabilitation program under the terms and conditions of this chapter if-

(A) the person is described by paragraph (1) or (2) of subsection (a); and

(B) the person-

(i) has exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year;

(ii) has no rights to regular compensation with respect to a week under such State or Federal law; and

(iii) is not receiving compensation with respect to such week under the unemployment compensation law of Canada; and

(C) begins such additional rehabilitation program within six months of the date of such exhaustion.

(2) For purposes of paragraph (1)(B)(i), a person shall be considered to have exhausted such person's rights to regular compensation under a State law when-

(A) no payments of regular compensation can be made under such law because such person has received all regular compensation available to such person based on employment or wages during such person's base period; or

(B) such person's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.

(3) In this subsection, the terms "compensation", "regular compensation", "benefit year", "State", "State law", and "week" have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

(4) No person shall be entitled to an additional rehabilitation program under paragraph (1) from whom the Secretary receives an application therefor after March 31, 2014.

38 U.S.C. § 3102

Added Pub. L. 96-466, title I, §101(a), Oct. 17, 1980, 94 Stat. 2173, §1502; amended Pub. L. 101-237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-508, title VIII, §8021(a), Nov. 5, 1990, 104 Stat. 1388-347; Pub. L. 102-16, §3(a), Mar. 22, 1991, 105 Stat. 49; renumbered § 3102,Pub. L. 102-83, §5(a)3102,, 105 Stat. 406; Pub. L. 102-568, title IV, §404(a), Oct. 29, 1992, 106 Stat. 4338; Pub. L. 104-275, title I, §101(b), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 112-56, title II, §233(a)(1), Nov. 21, 2011, 125 Stat. 719; Pub. L. 116-283, div. A, title IX, §926(a)(41), Jan. 1, 2021, 134 Stat. 3830.

EDITORIAL NOTES

REFERENCES IN TEXTSection 205 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (b)(3), is section 205 of Pub. L. 91-373 which is set out as a note under section 3304 of Title 26, Internal Revenue Code.

PRIOR PROVISIONSPrior section 3102 was renumbered section 5302 of this title.

AMENDMENTS2021-Subsec. (a)(1)(A)(ii). Pub. L. 116-283 substituted "air, or space service" for "or air service". 2011- Pub. L. 112-56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996-Par. (1)(A)(i). Pub. L. 104-275, §101(b)(1), substituted "rated at 20 percent or more" for "which is, or but for the receipt of retired pay would be, compensable at a rate of 20 percent or more under chapter 11 of this title and".Par. (2)(A). Pub. L. 104-275, §101(b)(2), substituted "rated at 10 percent" for "which is, or but for the receipt of retired pay would be, compensable at a rate of 10 percent under chapter 11 of this title and".Par. (2)(B). Pub. L. 104-275, §101(b)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "has a serious employment handicap." 1992- Pub. L. 102-568 amended section generally, making changes in substance and structure. 1991- Pub. L. 102-83 renumbered section 1502 of this title as this section. Par. (1)(B). Pub. L. 102-16 substituted "or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, or air service, and the Secretary determines that (i) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment either is doing so under contract or agreement with the Secretary concerned or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned, and (ii) the person is suffering from a disability which" for "for a service-connected disability in a hospital over which the Secretary concerned has jurisdiction pending discharge or release from active military, naval, or air service and is suffering from a disability which the Secretary determines". 1990-Par. (1). Pub. L. 101-508 substituted "compensable at a rate of 20 percent or more" for "compensable" in cls. (A) and (B).1989- Pub. L. 101-237 substituted "Secretary determines" for "Administrator determines" in par. (1)(B) and "Secretary" for "Administrator" in par. (2).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112-56, title II, §233(c), Nov. 21, 2011, 125 Stat. 720, provided that: "The amendments made by subsections (a) and (b) [amending this section and sections 3103 and 3105 of this title] shall take effect on June 1, 2012, and shall apply with respect to rehabilitation programs beginning after such date."

EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-568, title IV, §404(b), Oct. 29, 1992, 106 Stat. 4338, as amended by Pub. L. 103-446, title VI, §602(c)(1), Nov. 2, 1994, 108 Stat. 4671, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1993, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990." [Pub. L. 103-446, title VI, §602(c)(2), Nov. 2, 1994, 108 Stat. 4671, provided that: "The amendment made by paragraph (1) [amending section 404(b) of Pub. L. 102-568 set out above] shall take effect as of October 29, 1992."]

EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-508, title VIII, §8021(b), Nov. 5, 1990, 104 Stat. 1388-347, provided that: "The amendments made by this section [amending this section] shall apply to veterans and other persons originally applying for assistance under chapter 31 of title 38, United States Code, on or after November 1, 1990."

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.