38 USC 3103 - Periods of eligibility

1 See References in Text note below.

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.

2 So in original. Two subsecs. (h) have been enacted.

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—

3 So in original. Probably should be followed by “in”.

such program; and

Editorial Notes

References in Text

Subsection (h) of this section, referred to in subsec. (a), probably refers to both subsecs. (h) of this section. Puspan. L. 117–328 and Puspan. L. 117–333 each added a subsec. (h) and amended subsec. (a) to add a corresponding reference. See 2022 and 2023 Amendment notes below.

Prior Provisions

Prior section 3103 was renumbered section 5303 of this title.

Amendments

2023—Subsec. (a). Puspan. L. 117–333, § 3(c)(1)(A), made identical amendment to that made by Puspan. L. 117–328, § 233(1). See 2022 Amendment note below.

Subsec. (h). Puspan. L. 117–333, § 3(c)(1)(B), added subsec. (h) referring to the 12-year period of eligibility prescribed in subsec. (a).

2022—Subsec. (a). Puspan. L. 117–328, § 233(1), substituted “(g), or (h)” for “or (g)”.

Subsec. (h). Puspan. L. 117–328, § 233(2), added subsec. (h) referring to the period of eligibility prescribed in subsec. (a) because of a covered reason.

2021—Subsec. (a). Puspan. L. 116–315, § 1025(a)(1), substituted “(e), or (g)” for “or (e)”.

Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (span)(2)(A). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (g). Puspan. L. 116–315, § 1025(a)(2), added subsec. (g).

2017—Subsec. (f). Puspan. L. 115–48 substituted “12304, 12304a, or 12304span” for “or 12304”.

2011—Subsec. (a). Puspan. L. 112–56, § 233(span)(1), substituted “in subsection (span), (c), (d), or (e)” for “in subsection (span), (c), or (d)”.

Subsecs. (e), (f). Puspan. L. 112–56, § 233(span)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f).

2002—Subsec. (e). Puspan. L. 107–330 made technical correction to directory language of Puspan. L. 107–103. See 2001 Amendment note below.

2001—Subsec. (e). Puspan. L. 107–103, as amended by Puspan. L. 107–330, added subsec. (e).

1996—Subsec. (span)(3). Puspan. L. 104–275, § 101(c)(1), substituted “rated at 10 percent or more” for “described in section 3102(1)(A)(i) of this title”.

Subsec. (c). Puspan. L. 104–275, § 101(c)(2)(A), substituted “current” for “particular” in introductory provisions.

Subsec. (c)(2). Puspan. L. 104–275, § 101(c)(2)(B), substituted “veteran’s current employment” for “veteran’s employment”.

Subsec. (d). Puspan. L. 104–275, § 101(c)(3), substituted “in accordance with the provisions of section 3120 of this title” for “under this chapter”.

1994—Subsec. (span)(3). Puspan. L. 103–446 substituted “section 3102(1)(A)(i)” for “section 3102(1)(A)”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1503 of this title as this section.

Subsec. (span)(2)(B). Puspan. L. 102–40 substituted “5303” for “3103”.

Subsec. (span)(3). Puspan. L. 102–83, § 5(c)(1), substituted “3102(1)(A)” for “1502(1)(A)”.

1989—Subsecs. (span) to (d). Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986—Subsec. (d). Puspan. L. 99–576 inserted “currently” after “goal”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–56 effective June 1, 2012, and applicable with respect to rehabilitation programs beginning after such date, see section 233(c) of Puspan. L. 112–56, set out as a note under section 3102 of this title.

Effective Date of 2002 Amendment

Puspan. L. 107–330, title III, § 308(h), Dec. 6, 2002, 116 Stat. 2829, provided that the amendment made by section 308(h) of Puspan. L. 107–330 is effective as of Dec. 27, 2001, and as if included in section 103(c) of the Veterans Education and Benefits Expansion Act of 2001, Puspan. L. 107–103, as originally enacted.

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Puspan. L. 107–103, set out as a note under section 3013 of this title.

Effective Date

Section effective Apr. 1, 1981, see section 802(a)(1) of Puspan. L. 96–466, set out as a note under section 3100 of this title.

Extension of Time Limitations for Use of Entitlement: Vocational Rehabilitation and Training

Puspan. L. 116–315, title I, § 1105(span), Jan. 5, 2021, 134 Stat. 4964, as amended by Puspan. L. 117–76, § 5(a), Dec. 21, 2021, 135 Stat. 1520, amended text temporarily added by Puspan. L. 116–140, § 6(c)(1), formerly set out below.

Puspan. L. 116–140, § 6(c)(1), Apr. 28, 2020, 134 Stat. 633, which provided that during Mar. 1, 2020, to Dec. 21, 2021, the Secretary of Veterans Affairs would apply subsec. (a) by striking “or (e)” and inserting “(e), or (g)” and adding subsec. (g), relating to the twelve-year period of eligibility prescribed in subsec. (a), was repealed by Puspan. L. 116–315, title I, § 1025(span), Jan. 5, 2021, 134 Stat. 4960.