
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1804]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH 
                              SPINA BIFIDA
 
Sec. 1804. Vocational training and rehabilitation

    (a) Pursuant to such regulations as the Secretary may prescribe, the 
Secretary may provide vocational training under this section to a child 
of a Vietnam veteran who is suffering from spina bifida if the Secretary 
determines that the achievement of a vocational goal by such child is 
reasonably feasible.
    (b) Any program of vocational training for a child under this 
section shall--
        (1) be designed in consultation with the child in order to meet 
    the child's individual needs;
        (2) be set forth in an individualized written plan of vocational 
    rehabilitation; and
        (3) be designed and developed before the date specified in 
    subsection (d)(3) so as to permit the beginning of the program as of 
    the date specified in that subsection.

    (c)(1) A vocational training program for a child under this 
section--
        (A) shall consist of such vocationally oriented services and 
    assistance, including such placement and post-placement services and 
    personal and work adjustment training, as the Secretary determines 
    are necessary to enable the child to prepare for and participate in 
    vocational training or employment; and
        (B) may include a program of education at an institution of 
    higher learning if the Secretary determines that the program of 
    education is predominantly vocational in content.

    (2) A vocational training program under this subsection may not 
include the provision of any loan or subsistence allowance or any 
automobile adaptive equipment.
    (d)(1) Except as provided in paragraph (2) and subject to subsection 
(e)(2), a vocational training program under this section may not exceed 
24 months.
    (2) The Secretary may grant an extension of a vocational training 
program for a child under this section for up to 24 additional months if 
the Secretary determines that the extension is necessary in order for 
the child to achieve a vocational goal identified (before the end of the 
first 24 months of such program) in the written plan of vocational 
rehabilitation formulated for the child pursuant to subsection (b).
    (3) A vocational training program under this section may begin on 
the child's 18th birthday, or on the successful completion of the 
child's secondary schooling, whichever first occurs, except that, if the 
child is above the age of compulsory school attendance under applicable 
State law and the Secretary determines that the child's best interests 
will be served thereby, the vocational training program may begin before 
the child's 18th birthday.
    (e)(1) A child who is pursuing a program of vocational training 
under this section and is also eligible for assistance under a program 
under chapter 35 of this title may not receive assistance under both 
such programs concurrently. The child shall elect (in such form and 
manner as the Secretary may prescribe) the program under which the child 
is to receive assistance.
    (2) The aggregate period for which a child may receive assistance 
under this section and chapter 35 of this title may not exceed 48 months 
(or the part-time equivalent thereof).

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996, 110 
Stat. 2924; amended Pub. L. 105-114, title IV, Sec. 404(c), Nov. 21, 
1997, 111 Stat. 2295.)


                            Prior Provisions

    A prior section 1804 was renumbered section 3704 of this title.


                               Amendments

    1997--Subsec. (b). Pub. L. 105-114, Sec. 404(c)(1), substituted 
``shall--'' for ``shall be designed in consultation with the child in 
order to meet the child's individual needs and shall be set forth in an 
individualized written plan of vocational rehabilitation.'' and added 
pars. (1) to (3).
    Subsec. (c)(1)(B). Pub. L. 105-114, Sec. 404(c)(2), substituted 
``higher learning'' for ``higher education''.
    Subsec. (d)(3). Pub. L. 105-114, Sec. 404(c)(3), added par. (3).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-114 effective Oct. 1, 1997, see section 
404(d) of Pub. L. 105-114, set out as a note under section 1801 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1803 of this title.
