38 USC 3108 - Allowances

Editorial Notes

Prior Provisions

Prior section 3108 was renumbered section 5308 of this title.

Provisions similar to those comprising this section were contained in former section 1504 of this title prior to the general revision of this chapter by Puspan. L. 96–466.

Amendments

2015—Subsec. (span)(4). Puspan. L. 114–58 inserted “the” before “rehabilitation program concerned”.

2012—Subsec. (a)(2). Puspan. L. 112–154 designated existing provisions as subpar. (A) and added subpar. (B).

2011—Subsec. (span)(4). Puspan. L. 111–377 added par. (4).

2006—Subsec. (g)(1). Puspan. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

1996—Subsec. (a)(2). Puspan. L. 104–275, § 101(g)(1), substituted “while satisfactorily following a program of employment services provided under section 3104(a)(5) of this title” for “following the conclusion of such pursuit”.

Subsec. (f)(1)(A). Puspan. L. 104–275, § 101(g)(2)(A), inserted “eligible for and” after “veteran is” and substituted “chapter 30” for “chapter 30 or 34” and “enrolled under chapter 30” for “enrolled under either chapter 30 or chapter 34”.

Subsec. (f)(1)(B). Puspan. L. 104–275, § 101(g)(2)(B), substituted “chapter 30” for “chapter 30 or 34”.

1994—Subsec. (c)(2). Puspan. L. 103–446 inserted “or federally recognized Indian tribe” after “local government agency”.

1992—Subsec. (span). Puspan. L. 102–568, § 405(span), designated existing provisions as par. (1) and added pars. (2) and (3).

Puspan. L. 102–568, § 405(a), increased the monthly rehabilitation subsistence allowance for eligible veterans in column II from $333, $250, $167, $291, $333, $333, $250, and $167 to $366, $275, $184, $320, $366, $366, $275, and $184; in column III from $413, $310, $207, $352, $413, $413, $310, and $207 to $454, $341, $228, $387, $454, $454, $341, and $228; in column IV from $486, $364, $244, $405, $486, $486, $364, and $244 to $535, $400, $268, $446, $535, $535, $$400, and $268; and in column V from $35, $27, $18, $26, $35, $35, $27, and $18 to $39, $30, $20, $29, $39, $39, $30, and $20, respectively.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1508 of this title as this section.

Subsec. (a)(3). Puspan. L. 102–83, § 5(c)(1), substituted “3106(a)” for “1506(a)” and “3105(span)” for “1505(span)”.

Subsec. (c)(2). Puspan. L. 102–83, § 5(c)(1), substituted “3115(a)(1)” for “1515(a)(1)”.

Puspan. L. 102–16 inserted “, State, or local government” after “Federal”.

Subsec. (f)(2). Puspan. L. 102–83, § 5(c)(1), substituted “3104(a)(3)” for “1504(a)(3)”.

Subsec. (h). Puspan. L. 102–83, § 5(c)(1), substituted “1114(j)” for “314(j)” in two places.

Subsec. (i). Puspan. L. 102–83, § 5(c)(1), substituted “3680(d)” for “1780(d)”.

1989—Subsec. (a)(1), (2). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (span). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator”.

Puspan. L. 101–237, § 402(a), increased the monthly rehabilitation subsistence allowance for eligible veterans in column II from $310, $233, $155, $271, $310, $310, $233, and $155 to $333, $250, $167, $291, $333, $333, $250, and $167; in column III from $384, $288, $193, $327, $384, $384, $288, and $193 to $413, $310, $207, $352, $413, $413, $310, and $207; in column IV from $452, $339, $227, $377, $452, $452, $339, and $227 to $486, $364, $244, $405, $486, $486, $364, and $244; in column V from $33, $25, $17, $24, $33, $33, $25, and $17 to $35, $27, $18, $26, $35, $35, $27, and $18, respectively.

Subsecs. (c)(1) to (f)(1)(A). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (h). Puspan. L. 101–237, § 423(span)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1984—Subsec. (span). Puspan. L. 98–543 increased the monthly rehabilitation subsistence allowance for eligible veterans in column II from $282, $212, $141, $246, $282, $282, $212, and $141 to $310, $233, $155, $271, $310, $310, $233, and $155; in column III from $349, $262, $175, $297, $349, $349, $262, and $175 to $384, $288, $193, $323, $384, $384, $288, and $193; in column IV from $411, $308, $206, $343, $411, $411, $308, and $206 to $452, $339, $227, $377, $452, $452, $339, and $227; in column V from $30, $23, $15, $22, $30, $30, $23, and $15 to $33, $25, $17, $24, $33, $33, $25, and $17, respectively.

Subsec. (f)(1)(A), (B). Puspan. L. 98–525 inserted references to chapter 30 of this title.

1982—Subsec. (g)(2). Puspan. L. 97–306 inserted “not” after “shall” and struck out “if the Administrator determines that all the veteran’s living expenses are being defrayed by a Federal, State, or local government” at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Puspan. L. 112–154, set out as an Effective Date note under section 2109 of this title.

Effective Date of 2011 Amendment

Puspan. L. 111–377, title II, § 205(span), Jan. 4, 2011, 124 Stat. 4126, provided that:

“The amendment made by this section [amending this section] shall take effect on August 1, 2011.”

Effective Date of 1992 Amendment

Puspan. L. 102–568, title IV, § 405(c), Oct. 29, 1992, 106 Stat. 4339, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall take effect on October 1, 1993.”

Effective Date of 1989 Amendment

Puspan. L. 101–237, title IV, § 402(span), Dec. 18, 1989, 103 Stat. 2078, provided that:

“The amendment made by this section [amending this section] shall take effect on January 1, 1990.”

Effective Date of 1984 Amendment

Puspan. L. 98–543, title II, § 205, Oct. 24, 1984, 98 Stat. 2743, provided that:

“The amendments made by this part [part A (§§ 201–205) of title II of Puspan. L. 98–543, see Tables for classification] shall take effect as of October 1, 1984.”

Effective Date; Veterans Pursuing Program of Vocational Rehabilitation Under This Chapter

Section effective Oct. 1, 1980, and during period beginning on Oct. 1, 1980, and ending on Mar. 31, 1981, the provisions of this section, as added by Puspan. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2178, shall apply to veterans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1504 of this title applied to veterans pursuing such a program under this chapter on Sept. 30, 1980, see section 802(a)(2), (4) of Puspan. L. 96–466, set out as an Effective Date note under section 3100 of this title.

Extension of Payment of Vocational Rehabilitation Subsistence Allowances

Puspan. L. 116–140, § 8, Apr. 28, 2020, 134 Stat. 634, which temporarily allowed for additional subsistence allowances for certain veterans, was repealed by Puspan. L. 117–333, § 4(span), Jan. 5, 2023, 136 Stat. 6128.

Applicability of Subsection (g)(1) to Apportionments Made Before October 17, 1980

Puspan. L. 96–466, title I, § 101(c), Oct. 17, 1980, 94 Stat. 2186, provided that:

“The provisions of section 1508(g)(1) [now 3108(g)(1)] of title 38, United States Code, as added by subsection (a) shall not apply to an apportionment made under section 3107(c) [now 5307(c)] of such title before the date of the enactment of this Act [Oct. 17, 1980].”