burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Administrator, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. (Added P.L. 93-43, § 2(a).)

(c) If a cemetery not within the National Cemetery System has been or is to be discontinued, the Administrator may provide for the removal of remains from that cemetery to any cemetery within such System. He may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery. (Added P.L. 93-43, § 2(a).) § 1006. Acquisition of lands

As additional lands are needed for national cemeteries, they may be acquired by the Administrator by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, or otherwise, as he determines to be in the best interest of the United States. (Added P.L. 93-43, § 2(a).)

§ 1007. Authority to accept and maintain suitable memorials

Subject to such restrictions as he may prescribe, the Administrator may accept gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery. He may make land available for this purpose, and may furnish such care and maintenance as he deems necessary. (Added P.L. 93-43, § 2 (a).)

§ 1008. Aid to States for establishment, expansion, and improvement of veterans' cemeteries

(a) (1) Subject to subsection (b) of this section, the Administrator may make grants to any State to assist such State in establishing, expanding, or improving veterans' cemeteries owned by such State. Any such grant may be made only upon submission of an application to the Administrator in such form and manner, and containing such information, as the Administrator may require.

(2) There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years for the purpose of making grants under paragraph (1) of this subsection. (Added P.L. 95-476, § 202 (b) (1).)

(b) Grants under this section shall be subject to the following conditions:

(1) No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year.

(2) The amount of any grant under this section may not exceed an amount equal to 50 per centum of the total of the value of the land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant.

(3) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State's contribution under paragraph (2) of this subsection, but the value of such land may not be used for more than an amount equal to 50 per centum of the amount of such contribution and may not be used as part of such State's contribution for any subsequent grant under this section.

(4) If a State that has received a grant under this section to establish, expand, or improve a veterans' cemetery ceases to own such cemetery, ceases to operate such cemetery as a veterans' cemetery, or uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such State the total of all grants made under this section to such State in connection with such cemetery. (Added P.L. 95-476, § 202 (b) (1).) (c) (1) In addition to the conditions specified in subsection (b) of this section, any grant to a State under this section to assist such State in establishing a veterans' cemetery shall be made on the condition that such cemetery shall conform to such standards and guidelines relating to site selection, planning, and construction as the Administrator may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Administrator shall take into account the standards and guidelines for site selection, planning, and construction that are applicable to cemeteries in the National Cemetery System, including those provided in subsections (b), (c), and (d) of section 1004 of this title.

(2) The Administrator may by regulation prescribe such additional terms and conditions for grants under this section as the Administrator considers appropriate.

(d) Sums appropriated under subsection (a) of this section shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated. If all funds from a grant under this section have not been utilized by a State for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such State. (Added P.L. 95-476, § 202 (b) (1).)

PART III-READJUSTMENT AND RELATED

BENEFITS

CHAPTER

31. Vocational Rehabilitation..

32. Post-Vietnam Era Veterans' Educational Assistance__.

34. Veterans' Educational Assistance-

Sec.

1501

1601

1650

35. Survivors' and Dependents' Educational Assistance_ 36. Administration of Educational Benefits--.

1700

1770

37. Home, Condominium, and Mobile Home Loans__.

1801

39. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces..

1901

41. Job Counseling, Training, and Placement Service for Veterans-42. Employment and Training of Disabled and Vietnam Era Veterans. 43. Veterans' Reemployment Rights--

2001

2011

2021

CHAPTER 31-VOCATIONAL REHABILITATION

Sec.

1501. Definitions.

1502. Basic entitlement.

1503. Periods of eligibility.

1504. Subsistence allowances.

1505. Leaves of absence.

1506. Medical care of trainees.

1507. Loans to trainees.

1508. Regulations to promote good conduct.

1509. Books, supplies, and equipment.

1510. Vocational rehabilitation for hospitalized persons.

1511. Training and training facilities.

§ 1501. Definitions

For the purposes of this chapter

(1) The term "World War II" means the period beginning on September 16, 1940, and ending on July 25, 1947.

(2) The term "vocational rehabilitation" means training (including educational and vocational counseling, all appropriate individualized tutorial assistance, and other necessary incidental services) for the purpose of restoring employability, to the extent consistent with the degree of disablement, lost by virtue of a handicap due to serviceconnected disability. (Amended P.L. 93-508, § 101(1).)

§ 1502. Basic entitlement

(a) Every veteran who is in need of vocational rehabilitation on account of a service-connected disability which is, or but for the receipt of retirement pay would be, compensable under chapter 11 of this title shall be furnished such vocational rehabilitation as may be prescribed by the Administrator, if such disability arose out of service during World War II or thereafter. (Amended P.L. 87-815, § 7(a); P.L. 93-508, § 101 (2).)

(b) Unless a longer period is prescribed by the Administrator, no course of vocational rehabilitation may exceed four years. If the veteran has pursued an educational or training program under chapters 33 (prior to its repeal), 34, 35, or 36 of this title, such program shall be utilized to the fullest extent practical in determining the character and duration of the vocational rehabilitation to be furnished the veteran under this chapter. (Amended P.L. 90-631, §1(a); P.L. 92–540, § 301; P.L. 94-502, § 104(1).)

(c) Vocational rehabilitation may not be afforded outside of a State to a veteran on account of post-World War II service if the veteran, at the time of such service, was not a citizen of the United States. (Amended P.L. 86-721, § 3; P.L. 87-815, § 7 (b), (c); P.L. 89–138, § 2(2).)

(d) Veterans pursuing a program of vocational rehabilitation training under the provisions of this chapter shall also be eligible, where feasible, to perform veteran-student services pursuant to section 1685 of this title and for advance subsistence allowance payments as provided by section 1780 of this title. (Added P.L. 92-540, § 101 (1).) § 1503. Periods of eligibility

(a) Unless a longer period of eligibility is authorized pursuant to subsection (b) or (c) of this section, vocational rehabilitation may

not be afforded to a veteran after nine years following the veteran's discharge or release; except vocational rehabilitation may be afforded to any person until October 15, 1971, if such person is eligible for vocational rehabilitation by reason of a disability arising from service before October 15, 1962, but either after World War II, and before the Korean conflict, or after the Korean conflict. (Added P.L. 89-138, § 1; amended P.L. 91-24, § 8; P.L. 94-502, § 104 (2).)

(b) Where a veteran is prevented from entering, or having entered, from completing vocational rehabilitation training within the period of eligibility described in subsection (a) of this section because

(1) the veteran had not timely attained, retained, or regained medical feasibility for training because of disability;

(2) the veteran had not timely met the requirement of a discharge or release under conditions other than dishonorable, but the nature of such discharge or release was later changed by appropriate authority; or

(3) the veteran had not timely established the existence of a compensable service-connected disability,

such training may be afforded the veteran during a period not to exceed four years beyond the period of eligibility otherwise applicable to the veteran. (Added P.L. 89–138, § 1; amended P.L. 94-502, § 104 (2).) (c) A veteran who is found to be in need of vocational rehabilitation to overcome the handicap of blindness, or other serious disability, resulting from a service-connected disability which affords basic eligibility for vocational rehabilitation under section 1502 of this title may be afforded such vocational rehabilitation after the termination date otherwise applicable to the veteran when such action is determined by the Administrator to be necessary for such veteran based upon such veteran's disability and need for vocational rehabilitation, if—

(1) the veteran had not previously been rehabilitated (that is, rendered employable) as the result of training furnished under this chapter, or

(2) such serious disability (whether blindness or otherwise) has developed from, or as a result of, the worsening of the veteran's service-connected disability since the veteran was declared rehabilitated to the extent that it precludes the veteran performing the duties of the occupation for which the veteran was previously trained under this chapter. (Added P.L. 89-138, §1; amended P.L. 94-502, §§ 102, 104 (3).)

§ 1504. Subsistence allowances

(a) While pursuing a course of vocational rehabilitation training and for two months after the veteran's employability is determined, each veteran shall be paid a subsistence allowance as prescribed in this section. (Amended P.L. 94-502, 104 (4).)

(b) The subsistence allowance of a veteran-trainee is to be determined in accordance with the following table, and shall be the monthly amount shown in column II, III, IV, or V (whichever is applicable as determined by the veteran's dependency status) opposite the appropriate type of training as specified in column I:

(Amended P.L. 89-137, § 1(a); P.L. 90-431; P.L. 91-219, § 101; P.L 92-540, § 101(2); P.L. 93–508, § 101 (3); P.L. 93–602, § 202; P.L. 94 502, § 101; P.L. 95-202, § 101.)

(c) Where the course of vocational rehabilitation training consists of training on the job by an employer, such employer shall be required to submit monthly to the Administrator a statement in writing showing any wage, compensation, or other income paid by the employer to the veteran during the month, directly or indirectly. Based upon such written statements, the Administrator is authorized to reduce the subsistence allowance of such veteran to an amount considered equitable and just. (Amended P.L. 89-137, § 1(a); P.L. 94-502, § 104(4).)

(d) The Administrator shall define full-time and part-time training in the case of all eligible veterans pursuing a course of vocational rehabilitation training under this chapter. (Added P.L. 90-431.) § 1505. Leaves of absence

The Administrator shall prescribe such regulations as the Adminis trator deems necessary for granting leaves of absence to veterans pursuing a course of vocational rehabilitation training. Such leaves of absence shall not be granted to any veteran in excess of thirty days in any consecutive twelve months, except in exceptional circumstances. During authorized leaves of absence, a veteran shall be considered as pursuing the veteran's course of vocational rehabilitation training. (Amended P.L. 94-502, § 104 (5).)

§ 1506. Medical care for trainees

The Administrator may furnish veterans receiving vocational reha bilitation such medical care, treatment, hospitalization, and prosthesis as may be necessary to accomplish the purposes of this chapter, whether or not such medical care, treatment, hospitalization, or prosthesis is otherwise authorized under chapter 17 of this title.

§ 1507. Loans to trainees

The revolving fund which was established pursuant to part VII of Veterans Regulation Numbered 1(a) is continued in effect, and may be used by the Administrator, under regulations prescribed by the Administrator, for making advances, not in excess of $200 in any case, to veterans commencing or undertaking courses of vocational rehabilitation. Such advances, and advances heretofore made, shall bear no inter