[House Report 119-171]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-171
======================================================================
VETERANS EMPLOYMENT READINESS YIELD ACT OF 2025
_______
June 25, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bost, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2625]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2625) to amend title 38, United States Code, to
update certain terminology regarding veteran employment, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Subcommittee Consideration....................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
Earmarks and Tax and Tariff Benefits............................. 3
Committee Cost Estimate.......................................... 3
Budget Authority and Congressional Budget Office Estimate........ 3
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Statement on Duplication of Federal Programs..................... 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
Page H.R. 2625, the ``Veterans Employment and Readiness
Yield Act'' or the ``VERY Act of 2025,'' was introduced by Rep.
Don Davis of North Carolina on April 3, 2025. The bill would
update certain terminology within the Department of Veterans
Affairs (VA) Veterans Readiness and Employment (VR&E) program.
Specifically, this bill would amend ``employment handicap''
language to ``employment barrier'' in the VR&E program.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Veterans Employment and
Readiness Yield Act'' or the ``VERY Act of 2025.''
Section 2: Update Of Certain Terminology Regarding Veteran Employment
Chapter 31 of title 38, United States Code, provides the
statutory guidance governing the VA VR&E program. The VR&E
program has seen a 46% increase in applicants after the
implementation of the PACT Act [P.L. 117-168]. Many veterans
with service-connected disabilities take advantage of this
program after they transition out of the military. The purpose
of the VR&E Program is to assist veterans and servicemembers
with service-connected disabilities to obtain and maintain
suitable employment and/or achieve independent daily living.
The programs cover short and long-term education or
training, resume development, and employment services at
institutions of higher learning, certificates, and licenses for
education, and entrepreneur options. Family members of veterans
with severe service-connected disabilities may also be eligible
for education and career counseling.
The term ``employment handicap'' within the VR&E handbook,
is considered outdated in the context of the VR&E program. This
is because the term `handicap' has a negative connotation in
the disability community as it implies limitations or
incapacity.\1\ This is an important distinction as the severity
of a veteran's employment handicap is critical to determining
their eligibility for VR&E.
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The Committee believes implementing this change in the
statute would rightfully remove the term `handicap' and replace
it with a broader term that would not unintentionally restrict
a veteran's capabilities, independence, and opportunities to
access the VA VR&E program. Further, the Committee believes
that this change would honor and respect the sacrifices made by
our nation's veterans and could encourage more service-disabled
veterans to participate in the VR&E program.
Hearings
There were no hearings on this legislation this Congress.
Subcommittee Consideration
There was no Subcommittee consideration of this legislation
this Congress.
Committee Consideration
On May 6, 2025, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 2625, to be
reported favorably to the House of Representatives by voice
vote.
A motion by Ranking Member Takano to report H.R. 2625
favorably to the House of Representatives was agreed to by
voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 2625 reported to
the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 2625 are to provide modern
terminology changes to the Veterans Readiness and Employment
handbook.
Earmarks and Tax and Tariff Benefits
H.R. 2625 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office
Cost Estimate
Pursuant to clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives, the following is the cost
estimate for H.R. 1458, as amended, provided by the
Congressional Budget Office (CBO) pursuant to section 402 of
the Congressional Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2625 would replace the term ``employment handicap''
with ``employment barrier'' in title 38 of the U.S. Code, which
governs veterans' benefits.
The Department of Veterans Affairs (VA) administers
programs that offer vocational rehabilitation assistance to
veterans with service-connected disabilities that limit their
ability to find employment. That limitation is referred to as a
``handicap'' under current law. Much of VA's recently published
materials concerning the vocational rehabilitation program have
already replaced references to ``handicap'' with ``barrier'' or
similar terms. CBO expects that the costs to update any
additional material would be less than $500,000 over the 2025-
2035 period; any spending would be subject to the availability
of appropriated funds.
The CBO staff contact for this estimate is Paul B.A.
Holland. The estimate was reviewed by Christina Hawley Anthony,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 2625.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
2625.
Applicability to Legislative Branch
The Committee finds that H.R. 2625 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2625 would establish or reauthorize a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 would establish the short title of the bill as
the ``Veterans Employment Readiness Yield Act of 2025'' or the
``VERY Act of 2025.''
Section 2: Update of certain terminology regarding veteran employment
Section 2 would amend Chapter 31 of Title 38 by striking
``employment handicap'' and inserting ``employment barrier'' in
every place that it occurs.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
* * * * * * *
Sec. 3101. Definitions
For the purposes of this chapter--
(10) The term ``emergency situation'' has the meaning given
such term in section 3601 of this title.
(2) The term ``[employment handicap] employment barrier''
means an impairment, resulting in substantial part from a
disability described in section 3102(1)(A) of this title, of a
veteran's ability to prepare for, obtain, or retain employment
consistent with such veteran's abilities, aptitudes, and
interests.
(3) The term ``independence in daily living'' means the
ability of a veteran, without the services of others or with a
reduced level of the services of others, to live and function
within such veteran's family and community.
(4) The term ``program of education'' has the meaning
provided in section 3452(b) of this title.
(5) The term ``program of independent living services and
assistance'' includes (A) the services provided for in this
chapter that are needed to enable a veteran to achieve
independence in daily living, including such counseling,
diagnostic, medical, social, psychological, and educational
services as are determined by the Secretary to be needed for
such veteran to achieve maximum independence in daily living,
and (B) the assistance authorized by this chapter for such
veteran.
(6) The term ``rehabilitated to the point of employability''
means rendered employable in an occupation for which a
vocational rehabilitation program has been provided under this
chapter.
(7) The term ``rehabilitation program'' means (A) a
vocational rehabilitation program, or (B) a program of
independent living services and assistance authorized under
section 3120 of this title for a veteran for whom a vocational
goal has been determined not to be currently reasonably
feasible.
(8) The term ``serious [employment handicap] employment
barrier'' means a significant impairment, resulting in
substantial part from a service-connected disability rated at
10 percent or more, of a veteran's ability to prepare for,
obtain, or retain employment consistent with such veteran's
abilities, aptitudes, and interests.
(9) The term ``vocational goal'' means a gainful employment
status consistent with a veteran's abilities, aptitudes, and
interests.
(10) The term ``vocational rehabilitation program''
includes--
(A) the services provided for in this chapter that
are needed for the accomplishment of the purposes of
this chapter, including such counseling, diagnostic,
medical, social, psychological, independent living,
economic, educational, vocational, and employment
services as are determined by the Secretary to be
needed--
(i) in the case of a veteran for whom the
achievement of a vocational goal has not been
determined not to be currently reasonably
feasible, (I) to determine whether a vocational
goal is reasonably feasible, (II) to improve
such veteran's potential to participate in a
program of services designed to achieve a
vocational goal, and (III) to enable such
veteran to achieve maximum independence in
daily living, and
(ii) in the case of a veteran for whom the
achievement of a vocational goal is determined
to be reasonably feasible, to enable such
veteran to become, to the maximum extent
feasible, employable and to obtain and maintain
suitable employment, and
(B) the assistance authorized by this chapter for a
veteran receiving any of the services described in
clause (A) of this paragraph.
Sec. 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] employment barrier; 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] employment barrier.
(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.
Sec. 3103. Periods of eligibility
(a) Except as provided in subsection (b), (c), (d), (e), (g),
or (h) of this section, a rehabilitation program may not be
afforded to a veteran under this chapter after the end of the
twelve-year period beginning on the date of such veteran's
discharge or release from active military, naval, air, or space
service.
(b)(1) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because a medical condition of such veteran made it infeasible
for such veteran to participate in such a program, the twelve-
year period of eligibility shall not run during the period of
time that such veteran was so prevented from participating in
such a program, and such period of eligibility shall again
begin to run on the first day following such veteran's recovery
from such condition on which it is reasonably feasible, as
determined under regulations which the Secretary shall
prescribe, for such veteran to participate in such a program.
(2) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because--
(A) such veteran had not met the requirement of a
discharge or release from active military, naval, air,
or space service under conditions other than
dishonorable before (i) the nature of such discharge or
release was changed by appropriate authority, or (ii)
the Secretary determined, under regulations prescribed
by the Secretary, that such discharge or release was
under conditions other than dishonorable, or
(B) such veteran's discharge or dismissal was, under
section 5303 of this title, a bar to benefits under
this title before the Secretary made a determination
that such discharge or dismissal is not a bar to such
benefits,
the twelve-year period of eligibility shall not run during the
period of time that such veteran was so prevented from
participating in such a program.
(3) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because such veteran had not established the existence of a
service-connected disability rated at 10 percent or more, the
twelve-year period of eligibility shall not run during the
period such veteran was so prevented from participating in such
a program.
(c) In any case in which the Secretary determines that a
veteran is in need of services to overcome a serious
[employment handicap] employment barrier, such veteran may be
afforded a vocational rehabilitation program after the
expiration of the period of eligibility otherwise applicable to
such veteran if the Secretary also determines, on the basis of
such veteran's current [employment handicap] employment barrier
and need for such services, that an extension of the applicable
period of eligibility is necessary for such veteran and--
(1) that such veteran had not previously been
rehabilitated to the point of employability;
(2) that such veteran had previously been
rehabilitated to the point of employability but (A) the
need for such services had arisen out of a worsening of
such veteran's service-connected disability that
precludes such veteran from performing the duties of
the occupation for which such veteran was previously
trained in a vocational rehabilitation program under
this chapter, or (B) the occupation for which such
veteran had been so trained is not suitable in view of
such veteran's current [employment handicap] employment
barrier and capabilities; or
(3) under regulations which the Secretary shall
prescribe, that an extension of the period of
eligibility of such veteran is necessary to accomplish
the purposes of a rehabilitation program for such
veteran.
(d) In any case in which the Secretary has determined that a
veteran's disability or disabilities are so severe that the
achievement of a vocational goal currently is not reasonably
feasible, such veteran may be afforded a program of independent
living services and assistance in accordance with the
provisions of section 3120 of this title after the expiration
of the period of eligibility otherwise applicable to such
veteran if the Secretary also determines that an extension of
the period of eligibility of such veteran is necessary for such
veteran to achieve maximum independence in daily living.
(e)(1) The limitation in subsection (a) shall not apply to a
rehabilitation program described in paragraph (2).
(2) A rehabilitation program described in this paragraph is a
rehabilitation program pursued by a veteran under section
3102(b) of this title.
(f) In any case in which the Secretary has determined that a
veteran was prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility otherwise prescribed in this section as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b
of title 10, such period of eligibility shall not run for the
period of such active duty service plus four months.
(g) Subsection (a) shall not apply to a veteran who was
discharged or released from active military, naval, or air
service on or after January 1, 2013.
(h)(1) In the case of a veteran who is eligible for a
vocational rehabilitation program under this chapter and who is
prevented from participating in the vocational rehabilitation
program within the period of eligibility prescribed in
subsection (a) because of a covered reason, as determined by
the Secretary, such period of eligibility--
(A) shall not run during the period the veteran is so
prevented from participating in such program; and
(B) shall again begin running on a date determined by
the Secretary that is--
(i) not earlier than the first day after the
veteran is able to resume participation in a
vocational rehabilitation program under this
chapter; and
(ii) not later than 90 days after that day.
(2) In this subsection, a covered reason is--
(A) the temporary or permanent closure of an
educational institution by reason of an emergency
situation; or
(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program,
as determined by the Secretary.
(h) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the 12-year
period of eligibility prescribed in subsection (a) due to an
emergency situation, such 12-year period--
(1) shall not run during the period the individual is
so prevented from participating such program; and
(2) shall again begin running on the first day after
the individual is able to resume participation in such
program.
Sec. 3104. Scope of services and assistance
(a) Services and assistance which the Secretary may provide
under this chapter, pursuant to regulations which the Secretary
shall prescribe, include the following:
(1) Evaluation, including periodic reevaluations as
appropriate with respect to a veteran participating in
a rehabilitation program, of the potential for
rehabilitation of a veteran, including diagnostic and
related services (A) to determine whether the veteran
has an [employment handicap] employment barrier or a
serious [employment handicap] employment barrier and
whether a vocational goal is reasonably feasible for
such veteran, and (B) to provide a basis for planning a
suitable vocational rehabilitation program or a program
of services and assistance to improve the vocational
rehabilitation potential or independent living status
of such veteran, as appropriate.
(2) Educational, vocational, psychological,
employment, and personal adjustment counseling.
(3) An allowance and other appropriate assistance, as
authorized by section 3108 of this title.
(4) A work-study allowance as authorized by section
3485 of this title.
(5) Placement services to effect suitable placement
in employment, and postplacement services to attempt to
insure satisfactory adjustment in employment.
(6) Personal adjustment and work adjustment training.
(7)(A) Vocational and other training services and
assistance, including individualized tutorial
assistance, tuition, fees, books, supplies, handling
charges, licensing fees, and equipment and other
training materials determined by the Secretary to be
necessary to accomplish the purposes of the
rehabilitation program in the individual case.
(B) Payment for the services and assistance provided
under subparagraph (A) of this paragraph shall be made
from funds available for the payment of readjustment
benefits.
(8) Loans as authorized by section 3112 of this
title.
(9) Treatment, care, and services described in
chapter 17 of this title.
(10) Prosthetic appliances, eyeglasses, and other
corrective and assistive devices.
(11) Services to a veteran's family as necessary for
the effective rehabilitation of such veteran.
(12) Such license fees and essential equipment,
supplies, and minimum stocks of materials as the
Secretary determines to be necessary for a veteran to
begin self-employment and are within the criteria and
cost limitations that the Secretary shall prescribe in
regulations for the furnishing of such fees, equipment,
supplies, and stocks.
(13) Travel and incidental expenses under the terms
and conditions set forth in section 111 of this title,
plus, in the case of a veteran who because of such
veteran's disability has transportation expenses in
addition to those incurred by persons not so disabled,
a special transportation allowance to defray such
additional expenses during rehabilitation, job seeking,
and the initial employment stage.
(14) Special services (including services related to
blindness and deafness) including--
(A) language training, speech and voice
correction, training in ambulation, and one-
hand typewriting;
(B) orientation, adjustment, mobility,
reader, interpreter, and related services; and
(C) telecommunications, sensory, and other
technical aids and devices.
(15) Services necessary to enable a veteran to
achieve maximum independence in daily living.
(16) Other incidental goods and services determined
by the Secretary to be necessary to accomplish the
purposes of a rehabilitation program in an individual
case.
(b) A rehabilitation program (including individual courses)
to be pursued by a veteran shall be subject to the approval of
the Secretary. To the maximum extent practicable, a course of
education or training may be pursued by a veteran as part of a
rehabilitation program under this chapter only if the course is
approved for purposes of chapter 30 or 33 of this title. The
Secretary may waive the requirement under the preceding
sentence to the extent the Secretary determines appropriate.
(c)(1) The Secretary shall have the authority to administer
this chapter by prioritizing the provision of services under
this chapter based on need, as determined by the Secretary,
including with respect to providing priority for services under
subsection (a)(12) to veterans with the most severe service-
connected disabilities who require homebound training or self-
employment, or both homebound training and self-employment. In
evaluating need for purposes of this subsection, the Secretary
shall consider disability ratings, the severity of [employment
handicaps] employment barriers, qualification for a program of
independent living, income, and any other factor the Secretary
determines appropriate.
(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter
as authorized under paragraph (1), the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House
of Representatives a plan describing such changes.
(d) The Secretary may not assist a veteran in acquiring
adaptations to the residence of the veteran under this chapter.
Any such assistance may be furnished only under section 2102B
of this title.
(e) In the case of any veteran whom the Secretary determines
is satisfactorily following a program of employment services
provided under subsection (a)(5) during the period of an
emergency situation, the Secretary may pay the veteran a
subsistence allowance, as prescribed in section 3108 of this
title for full-time training for the type of program that the
veteran was pursuing, for two additional months, if the
Secretary determines that the veteran is negatively affected by
the emergency situation.
Sec. 3105. Duration of rehabilitation programs
(a) In any case in which the Secretary is unable to determine
whether it currently is reasonably feasible for a veteran to
achieve a vocational goal, the period of extended evaluation
under section 3106(c) of this title may not exceed twelve
months, except that such period may be extended for additional
periods of up to six months each if the Secretary determines
before granting any such extension that it is reasonably likely
that, during the period of any such extension, a determination
can be made whether the achievement of a vocational goal is
reasonably feasible in the case of such veteran.
(b)(1) Except as provided in paragraphs (2) and (3) and in
subsection (c), the period of a vocational rehabilitation
program for a veteran under this chapter following a
determination of the current reasonable feasibility of
achieving a vocational goal may not exceed forty-eight months,
except that the counseling and placement and postplacement
services described in section 3104(a)(2) and (5) of this title
may be provided for an additional period not to exceed eighteen
months in any case in which the Secretary determines the
provision of such counseling and services to be necessary to
accomplish the purposes of a rehabilitation program in the
individual case.
(2) The period of a vocational rehabilitation program pursued
by a veteran under section 3102(b) of this title following a
determination of the current reasonable feasibility of
achieving a vocational goal may not exceed 12 months.
(3)(A) In any case in which the Secretary determines that a
veteran has been prevented from participating in counseling and
placement and postplacement services described in paragraphs
(2) and (5) of section 3104(a) of this title due to an
emergency situation, the Secretary shall extend the period
during which the Secretary may provide such counseling and
placement and postplacement services for the veteran for a
period equal to the number of months that the veteran was so
prevented from participating in such counseling and services,
as determined by the Secretary.
(B) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter due to an emergency
situation, the Secretary shall extend the period of the
veteran's vocational rehabilitation program for a period equal
to the number of months that the veteran was so prevented from
participating in the vocational rehabilitation program, as
determined by the Secretary.
(c) The Secretary may extend the period of a vocational
rehabilitation program for a veteran to the extent that the
Secretary determines that an extension of such period is
necessary to enable such veteran to achieve a vocational goal
if the Secretary also determines--
(1) that such veteran had previously been
rehabilitated to the point of employability but (A)
such veteran's need for further vocational
rehabilitation has arisen out of a worsening of such
veteran's service-connected disability that precludes
such veteran from performing the duties of the
occupation for which such veteran had been so
rehabilitated, or (B) the occupation for which such
veteran had been so rehabilitated is not suitable in
view of such veteran's current [employment handicap]
employment barrier and capabilities; or
(2) under regulations which the Secretary shall
prescribe, that such veteran has a serious [employment
handicap] employment barrier and that an extension of
such period is necessary to accomplish the purposes of
a rehabilitation program for such veteran.
(d)(1) Except as provided in paragraph (2), the period of a
program of independent living services and assistance for a
veteran under this chapter (following a determination by the
Secretary that such veteran's disability or disabilities are so
severe that the achievement of a vocational goal currently is
not reasonably feasible) may not exceed twenty-four months.
(2)(A) The period of a program of independent living services
and assistance for a veteran under this chapter may exceed
twenty-four months as follows:
(i) If the Secretary determines that a longer period
is necessary and likely to result in a substantial
increase in the veteran's level of independence in
daily living.
(ii) If the veteran served on active duty during the
Post-9/11 Global Operations period and has a severe
disability (as determined by the Secretary for purposes
of this clause) incurred or aggravated in such service.
(B) In this paragraph, the term ``Post-9/11 Global Operations
period'' means the period of the Persian Gulf War beginning on
September 11, 2001, and ending on the date thereafter
prescribed by Presidential proclamation or by law.
(e)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of a subsistence
allowance and other assistance described in paragraph (2) shall
not--
(A) be charged against any entitlement of any veteran
under this chapter; or
(B) be counted toward the aggregate period for which
section 3695 of this title limits an individual's
receipt of allowance or assistance.
(2) The payment of the subsistence allowance and other
assistance referred to in paragraph (1) is the payment of such
an allowance or assistance for the period described in
paragraph (3) to a veteran for participation in a vocational
rehabilitation program under this chapter if the Secretary
finds that the veteran had to suspend or discontinue
participation in such vocational rehabilitation program as a
result of being ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or
12304b of title 10.
(3) The period for which, by reason of this subsection, a
subsistence allowance and other assistance is not charged
against entitlement or counted toward the applicable aggregate
period under section 3695 of this title shall be the period of
participation in the vocational rehabilitation program for
which the veteran failed to receive credit or with respect to
which the veteran lost training time, as determined by the
Secretary.
Sec. 3106. Initial and extended evaluations; determinations regarding
serious employment handicap
(a) The Secretary shall provide any veteran who has a
service-connected disability rated at 10 percent or more and
who applies for benefits under this chapter with an initial
evaluation consisting of such services described in section
3104(a)(1) of this title as are necessary (1) to determine
whether such veteran is entitled to and eligible for benefits
under this chapter, and (2) in the case of a veteran who is
determined to be entitled to and eligible for such benefits, to
determine--
(A) whether such veteran has a serious [employment
handicap] employment barrier, and
(B) whether the achievement of a vocational goal
currently is reasonably feasible for such veteran if it
is reasonably feasible to make such determination
without extended evaluation.
(b) In any case in which the Secretary has determined that a
veteran has a serious [employment handicap] employment barrier
and that the achievement of a vocational goal currently is
reasonably feasible for such veteran, such veteran shall be
provided an individualized written plan of vocational
rehabilitation developed under section 3107(a) of this title.
(c) In any case in which the Secretary has determined that a
veteran has a serious [employment handicap] employment barrier
but the Secretary is unable to determine, in an initial
evaluation pursuant to subsection (a) of this section, whether
or not the achievement of a vocational goal currently is
reasonably feasible, such veteran shall be provided with an
extended evaluation consisting of the services described in
section 3104(a)(1) of this title, such services under this
chapter as the Secretary determines necessary to improve such
veteran's potential for participation in a program of services
designed to achieve a vocational goal and enable such veteran
to achieve maximum independence in daily living, and assistance
as authorized by section 3108 of this title.
(d) In any case in which the Secretary has determined that a
veteran has a serious [employment handicap] employment barrier
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.
(e) The Secretary shall in all cases determine as
expeditiously as possible whether the achievement of a
vocational goal by a veteran currently is reasonably feasible.
In the case of a veteran provided extended evaluation under
subsection (c) of this section (including any periods of
extensions under section 3105(a) of this title), the Secretary
shall make such determination not later than the end of such
extended evaluation or period of extension, as the case may be.
In determining whether the achievement of a vocational goal
currently is reasonably feasible, the Secretary shall resolve
any reasonable doubt in favor of determining that such
achievement currently is reasonably feasible.
(f) In connection with each period of extended evaluation of
a veteran and each rehabilitation program for a veteran who is
determined to have a serious [employment handicap] employment
barrier, the Secretary shall assign a Department of Veterans
Affairs employee to be responsible for the management and
followup of the provision of all services (including
appropriate coordination of employment assistance under section
3117 of this title) and assistance under this chapter to such
veteran.
* * * * * * *
Sec. 3117. Employment assistance
(a)(1) A veteran with a service-connected disability rated at
10 percent or more who has participated in a vocational
rehabilitation program under this chapter or a similar program
under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and who the Secretary has determined to be employable shall be
furnished assistance in obtaining employment consistent with
such veteran's abilities, aptitudes, interests, and [employment
handicap] employment barrier, including assistance necessary to
insure that such veteran receives the benefit of any applicable
provisions of law or regulation providing for special
consideration or emphasis or preference for such veteran in
employment or training.
(2) Assistance provided under this subsection may include--
(A) direct placement of such veteran in employment;
(B) utilization of employment, training, and
placement services under chapter 41 of this title; and
(C) utilization of the job development and placement
services of (i) programs under the Rehabilitation Act
of 1973, (ii) the State employment service and the
Veterans' Employment Service of the Department of
Labor, (iii) the Office of Personnel Management, (iv)
any other public or nonprofit organization having
placement services available, and (v) any for-profit
entity in a case in which the Secretary has determined
that services necessary to provide such assistance are
available from such entity and that comparably
effective services are not available, or cannot be
obtained cost-effectively, from the entities described
in subclauses (i) through (iv) of this subparagraph.
(b)(1) In any case in which a veteran has completed a
vocational rehabilitation program for self-employment in a
small business enterprise under this chapter, the Secretary
shall assist such veteran in securing, as appropriate, a loan
under subchapter IV of chapter 37 of this title and shall
cooperate with the Small Business Administration to assist such
veteran to secure a loan for the purchase of equipment needed
to establish such veteran's own business and to ensure that
such veteran receives the special consideration provided for in
section 4(b)(1) of the Small Business Act (15 U.S.C.
633(b)(1)).
(2) In the case of a veteran described in paragraph (12) of
section 3104(a) of this title who has trained under a State
rehabilitation program with the objective of self-employment in
a small business enterprise, the Secretary may, subject to the
limitations and criteria provided for in such paragraph,
provide such veteran with such supplementary equipment and
initial stocks and supplies as are determined to be needed by
such veteran if such supplementary equipment and initial stocks
and supplies, or assistance in acquiring them, are not
available through the State program or other sources.
* * * * * * *
Sec. 3120. Program of independent living services and assistance
(a) The Secretary may, under contracts with entities
described in subsection (f) of this section, or through
facilities of the Veterans Health Administration, which possess
a demonstrated capability to conduct programs of independent
living services for severely handicapped persons, provide,
under regulations which the Secretary shall prescribe, programs
of independent living services and assistance under this
chapter, in various geographic regions of the United States, to
veterans described in subsection (b) of this section.
(b) A program of independent living services and assistance
may be made available under this section only to a veteran who
has a serious [employment handicap] employment barrier
resulting in substantial part from a service-connected
disability described in section 3102(1)(A)(i) of this title and
with respect to whom it is determined under section 3106(d) or
(e) of this title that the achievement of a vocational goal
currently is not reasonably feasible.
(c) The Secretary shall, to the maximum extent feasible,
include among those veterans who are provided with programs of
independent living services and assistance under this section
substantial numbers of veterans described in subsection (b) of
this section who are receiving long-term care in Department of
Veterans Affairs hospitals and nursing homes and in nursing
homes with which the Secretary contracts for the provision of
care to veterans.
(d) A program of independent living services and assistance
for a veteran shall consist of such services described in
section 3104(a) of this title as the Secretary determines
necessary to enable such veteran to achieve maximum
independence in daily living. Such veteran shall have the same
rights with respect to an individualized written plan of
services and assistance as are afforded veterans under section
3107 of this title.
(e)(1) Programs of independent living services and assistance
shall be initiated for no more than 2,700 veterans in each
fiscal year, and the first priority in the provision of such
programs shall be afforded to veterans for whom the reasonable
feasibility of achieving a vocational goal is precluded solely
as a result of a service-connected disability.
(2) The limitation in paragraph (1) shall not apply in any
case in which the Secretary determines that a veteran described
in subsection (b) has been displaced as the result of, or has
otherwise been adversely affected in the areas covered by, a
natural or other disaster, as determined by the Secretary.
(f) Entities described in this subsection are (1) public or
nonprofit agencies or organizations, and (2) for-profit
entities in cases in which the Secretary determines that
services comparable in effectiveness to services available from
such an entity are not available, or cannot be obtained cost-
effectively from, public or nonprofit agencies or through
facilities of the Veterans Health Administration.
* * * * * * *
CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS
* * * * * * *
Sec. 4211. Definitions
As used in this chapter--
(1) The term ``special disabled veteran'' means--
(A) a veteran who is entitled to compensation (or who
but for the receipt of military retired pay would be
entitled to compensation) under laws administered by
the Secretary for a disability (i) rated at 30 percent
or more, or (ii) rated at 10 or 20 percent in the case
of a veteran who has been determined under section 3106
of this title to have a serious [employment handicap]
employment barrier; or
(B) a person who was discharged or released from
active duty because of service-connected disability.
(2) The term ``veteran of the Vietnam era'' means an eligible
veteran any part of whose active military, naval, or air
service was during the Vietnam era.
(3) The term ``disabled veteran'' means (A) a veteran who is
entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under
laws administered by the Secretary, or (B) a person who was
discharged or released from active duty because of a service-
connected disability.
(4) The term ``eligible veteran'' means a person who--
(A) served on active duty for a period of more than
180 days and was discharged or released therefrom with
other than a dishonorable discharge;
(B) was discharged or released from active duty
because of a service-connected disability;
(C) as a member of a reserve component under an order
to active duty pursuant to section 12301(a), (d), or
(g), 12302, or 12304 of title 10, served on active duty
during a period of war or in a campaign or expedition
for which a campaign badge is authorized and was
discharged or released from such duty with other than a
dishonorable discharge; or
(D) was discharged or released from active duty by
reason of a sole survivorship discharge (as that term
is defined in section 1174(i) of title 10).
(5) The term ``department or agency'' means any agency of the
Federal Government or the District of Columbia, including any
Executive agency as defined in section 105 of title 5 and the
United States Postal Service and the Postal Regulatory
Commission, and the term ``department, agency, or
instrumentality in the executive branch'' includes the United
States Postal Service and the Postal Regulatory Commission.
(6) The term ``recently separated veteran'' means any veteran
during the three-year period beginning on the date of such
veteran's discharge or release from active duty.
* * * * * * *
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