Disabled Veterans Rehabilitation Act of 1980

(Measure passed Senate, amended, roll call #389 (86-0))

Disabled Veterans Rehabilitation Act of 1980 - =Title I: Rehabilitation Amendments= - Revises existing veterans' vocational rehabilitation provisions in order to provide all services necessary to enable veterans with service-connected disabilities to attain maximum independence, to become employable, and to obtain and maintain suitable employment.

Defines "serious employment handicap" as a significant impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests. Defines "vocational rehabilitation program" to include all services required to achieve the purposes of this Act, including counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services.

Extends basic entitlement for veterans' benefits to all veterans who have a service-connected disability, regardless of their participation in vocational rehabilitation programs designed to restore employability. Extends the basic period of eligibility from nine to ten years following the veterans' discharge from active duty. Provides for a tolling of the ten year period under specified circumstances.

Sets forth the types of services which the Administrator of the Veterans Administration (VA) may provide, pursuant to regulations governing vocational rehabilitation programs, including: (1) the evaluation of rehabilitation potential; (2) educational, vocational, psychological, employment, and personal adjustment counseling; (3) subsistence allowances; (4) work-study allowances; (5) placement and postplacement services; (6) personal adjustment and work adjustment training; (7) vocational and related services, including tutorial services, tuition, books, and other training materials; (8) educational loans; (9) prosthetic and other corrective devices; (10) services to a veteran's family ; (11) essential employment equipment and supplies for severely disabled veterans requiring homebound training and/or self-employment; (12) travel and incidental expenses; (13) special services related to blindness and deafness; and (14) services necessary to enable a veteran to achieve maximum independence in daily living.

Provides for a 12 month period, with six month extensions, during which an evaluation is made as to whether a severely disabled veteran has the potential to achieve a vocational goal through rehabilitation. Limits the amount of time during which a veteran may participate in a vocational rehabilitation program to 48 months, with an additional 18 months for veterans with a serious employment handicap who are receiving counseling and placement and postplacement services. Allows the Administrator to extend the period of vocational rehabilitation to enable certain previously rehabilitated veterans whose circumstances have changed, creating a need for further rehabilitation, to achieve a vocational goal.

Requires veterans applying for benefits under the vocational rehabilitation program to undergo an evaluation to determine whether they have a serious employment handicap and whether the achievement of a vocational goal is reasonably feasible for such veterans. Requires counseling, pursuant to an individualized written plan of vocational rehabilitation, for veterans with a serious employment handicap for whom the achievement of a vocational goal is reasonably feasible. Requires extended evaluation for veterans with a serious employment handicap for whom the Administrator, in the initial evaluation period, is unable to determine whether rehabilitation is feasible. Stipulates that determinations of the feasibility of rehabilitation are to be made as expeditiously as possible, and that any doubt as to feasibility is to be resolved in favor of the veteran.

Requires the Administrator to formulate an individualized written plan of vocational rehabilitation for each veteran determined to have a serious employment handicap. Requires the Administrator, in consultation with the veteran, to review such plan annually and to redevelop such plan if necessary. Grants the veteran a right of appeal if he or she does not agree with the formulation or redevelopment of a plan.

Provides for the computation and payment of subsistence allowances for veterans participating in vocational rehabilitation programs under this Act.

Entitles veterans for whom the achievement of a vocational goal is not reasonably feasible to a program of independent living services and assistance designed to enable such veteran to achieve maximum independence in daily living.

Directs the Administrator to issue revised regulations with respect to: (1) the granting of leaves of absence to veterans participating in vocational rehabilitation programs; and (2) the requirement of satisfactory (formerly "good") conduct and cooperation on the part of participating veterans.

Recodifies current provisions of law with respect to: (1) revolving fund loans; (2) books, supplies, and equipment used in educational programs; and (3) vocational rehabilitation for hospitalized members of the Armed Forces and veterans.

Authorizes programs for vocational rehabilitation outside the United States under regulations issued by the Administrator, if the Administrator determines that such training is necessary in a particular case and in the best interest of the veteran and the Federal Government.

Authorizes the Administrator to contract with the VA's Department of Medicine and Surgery for the use of facilities and services necessary to provide rehabilitation services under this Act, including hospital care and medical services.

Requires the Administrator to provide employment assistance to disabled veterans who have participated in vocational rehabilitation programs under the Act or in Federal-State programs under the Rehabilitation Act of 1973 (present law merely authorizes the Administrator to provide such assistance). Directs the Administrator to cooperate with the Small Business Administration in assisting rehabilitated veterans to secure business loans.

Requires the Administrator to promulgate regulations in consultation with the Secretary of Labor, to authorize reimbursement to employers for costs incurred by such employers to provide on-job training for rehabilitated veterans.

Directs the Administrator to: (1) provide ongoing professional training for VA counseling and rehabilitation personnel; (2) coordinate with specified officials in the Departments of Education and Labor in planning and carrying out personnel training in areas of mutual concern; and (3) establish qualifications for psychologists providing evaluation and rehabilitation services to disabled veterans.

Requires the Administrator to carry out an ongoing program of activities to advance the knowledge, techniques, and resources available for use in rehabilitation programs for veterans. Authorizes the Administrator to make grants to or contract with public or nonprofit agencies, including educational institutions, to carry out such programs.

Provides for the establishment of a four year pilot program designed to provide independent living services for severely disabled veterans for whom the achievement of a vocational goal is not reasonably feasible. Requires the Administrator to submit to Congress, not later than September 30, 1984, a report on the accomplishments and cost-effectiveness of such programs, with recommendations for legislative changes.

Establishes a Veterans Advisory Committee on Rehabilitation, the members of which shall be appointed by the Administrator. Requires such Committee to submit to the Administrator and the Congress an annual report on the rehabilitation programs and activities of the VA.

Requires, after the adjudication of a disabled veteran's claim for total disability on the basis of unemployability due to a service-connected disability, the Administrator to provide such veteran with a comprehensive diagnostic evaluation to determine such veteran's potential for vocational rehabilitation.

=Title II: Employment and Education Amendments= - Amends specified provisions of law relating to veterans' benefits to require the Administrator of the Veterans Administration (VA) actively to promote the implementation, enforcement, and application of all provisions of law and regulations pertaining to employment, training, and other opportunities for veterans, particularly veterans with a service-connected disability.

Charges the Administrator (presently, State agencies) with responsibility for approving all programs of training on the job for purposes of the utilization of veterans' benefits. Requires the Administrator, in consultation with the Secretary of Labor, to develop regulations to promote the development of on job training programs.

Establishes the Veterans' Employment and Training Outreach Program (VETOP) designed to meet the employment needs of veterans, especially disabled veterans of the Vietnam era.

Increases by ten percent the rates of educational assistance for veterans and their survivors and dependents.

Increases the range of amounts of monthly deductions eligible veterans shall be allowed to contribute to the Post-Vietnam Era Veterans Education Account. Permits such veterans to make lump-sum contributions to such Account in addition to or in lieu of monthly deductions.

Terminates the educational assistance provided by the GI Bill as of December 31, 1979. Provides that an eligible veteran discharged or released from active duty after December 31, 1979 shall not be entitled to such assistance after the later of: (1) the five-year period following discharge, if such veteran does not pursue a program of education within two years of discharge; or (2) December 31, 1989.

Extends the period of eligibility to eight years for educational assistance to survivors and dependents of members of the Armed Forces who have been listed as missing in action, captured by hostile forces, or forcibly detained by a foreign government, if such persons become eligible after their 18th birthday but before their 26th birthday. Stipulates that such eligibility shall not extend beyond such person's 31st birthday.

=Title III: Veterans' Administration Debt Collection Amendments= - Directs the Administrator to deduct from future payments any overpayment made to persons by virtue of such person's participation in any program administered by the VA. Provides that such deductions are not subject to time limitations for bringing civil actions or administrative proceedings. Authorizes the Administrator to set the rate of such deductions in an effort to avoid undue hardship on the payor.

Grants the Administrator the authority to charge interest on amounts owed to the United States for overpayment of benefits or services provided by the Veterans' Administration, unless such amounts are repaid within a reasonable period of time. Directs the Administrator to prescribe regulations to set forth the rate of interest to be charged.

Authorizes the Administrator to bring suit in any court of competent jurisdiction to collect debts owed to the VA by persons participating in VA benefits programs.

Authorizes the Administrator, upon application by any person, to make available: (1) any appraisal report submitted to, or prepared by, the VA in connection with any home, condominium, or mobile home loan; and (2) the amounts of monetary payments made to beneficiaries of VA programs.

Authorizes the disclosure of an individual's name, address, and other identifying information necessary to locate him or her in order to carry out specified VA evaluation studies.

Authorizes the Administrator of Veterans' Affairs to disclose to a consumer reporting agency the name and address of an individual indebted to Veterans' Administration (VA) for the purpose of obtaining consumer reports in order to assess such individual's ability to repay the debt and to give notice of the outstanding obligation. Prohibits: (1) the VA from disclosing other information that would imply an individual's indebtedness to the United States; and (2) the credit reporting agency from indicating in its reports or files that such VA inquiry indicates any indebtedness by such individual (willful violation punishable by a fine of up to $5,000 for the first offense and up to $20,000 for a subsequent offense).

Authorizes the disclosure of information affecting an individual's credit rating (name, address, indebtedness) if such individual has failed to respond to administrative debt-collection efforts. Requires the VA, before making such indebtedness disclosures, to notify an individual of the information to be disclosed, and to which credit agencies, at least 60 days prior to such disclosure. Directs the Administrator to report to such agencies any substantial change in the information released to such agency. Sets forth corrective measures for the Administrator if the individual concerned had not received prior notice of indebtedness.

Exempts a credit agency's handling of such VA debt disclosures from the Privacy Act. Authorizes the Administrator to disclose the name and address of any person to any person (authorized by regulation) for the purpose of determining creditworthiness, verifying information, or to provide assistance pursuant to any such loan made by the VA. Stipulates that any such disclosure be recorded in the file of the person concerned.

=Title IV: Veterans' Administration Health-Care Cost Recovery Provisions= - Permits the United States to recover, subject to specified limitations, conditions, and procedures, the costs of care and services furnished by the VA for a non-service-connected disability where the disability: (1) was incident to such veteran's employment and is covered under workers' compensation; (2) was the result of an automobile accident in a State requiring auto non-fault insurance; or (3) was the result of a crime of personal violence in a State, or local subdivision thereof, providing health care to victims of crimes in that State or subdivision.

=Title V: Amendments to Agent Orange Study Provisions= - Amends the Veterans Health Programs Extension and Improvement Act of 1979 to authorize the Administrator to expand the scope of the agent orange study to determine if there may have been other factors resulting in adverse health effects on veterans who served in the Vietnam Conflict. Authorizes the Administrator to enter into contracts or agreements with public or private entities to carry out such study. Requires the Administrator to publish in the Federal Register regulations containing guidelines to resolve the claims of veterans' benefits based on exposure to agent orange.

=Title VI: Miscellaneous Provisions= - Amends specified provisions of law relating to veterans' benefits to provide veterans participating in vocational rehabilitation programs under this Act with VA outpatient care for which only certain veterans with service-connected disabilities rated at 50 percent or more are presently eligible.

Redesignates the Veterans' Administration Medical Center in Topeka, Kansas, as the "Colmery-O'Neil Veterans' Administration.

Extends for 12 months the availability of funds for establishing new State medical schools, with limitations on the amounts available for faculty salaries.