38 U.S.C. § 3114 — Vocational rehabilitation outside the

Page 701 TITLE 38—VETERANS’ BENEFITS § 3115 § 3113. Vocational rehabilitation for hospitalized members of the Armed Forces and veterans (a) Services and assistance may be provided under this chapter to a person described in sub- paragraphs (A)(ii) and (B) of section 3102(1) of this title who is hospitalized pending discharge from active military, naval, air, or space serv- ice. In such cases, no subsistence allowance shall be paid. (b) Services and assistance may be provided under this chapter to a veteran who is receiving care in a Department of Veterans Affairs hos- pital, nursing home, or domiciliary facility or in any other hospital or medical facility. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1513; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3113 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(10), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 116–283, div. A, title IX, § 926(a)(43), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes PRIOR PROVISIONS Prior section 3113 was renumbered section 5313 of this title. Provisions similar to those comprising subsec. (a) of this section were contained in former section 1510 of this title prior to the general revision of this chapter by Pub. L. 96–466. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 1994—Subsec. (a). Pub. L. 103–446 substituted ‘‘sub- paragraphs (A)(ii) and (B) of section 3102(1)’’ for ‘‘sec- tion 3102(1)(B) and (2)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1513 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3102(1)(B)’’ for ‘‘1502(1)(B)’’. 1989—Subsec. (b). Pub. L. 101–237 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3114. Vocational rehabilitation outside the United States Under regulations which the Secretary shall prescribe, a vocational rehabilitation program under this chapter may be provided outside the United States if the Secretary determines that such training is (1) necessary in the particular case to provide the preparation needed to render a veteran employable and enable such veteran to obtain and retain suitable employment, and (2) in the best interest of such veteran and the Fed- eral Government. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1514; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3114, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 3114 was renumbered section 5314 of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1514 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3115. Rehabilitation resources (a) Notwithstanding any other provision of law, for the purpose of providing services under this chapter, the Secretary may— (1) use the facilities of any Federal agency (including the Department of Veterans Af- fairs), of any State or local government agen- cy receiving Federal financial assistance, or of any federally recognized Indian tribe, to pro- vide training or work experience as part or all of a veteran’s vocational rehabilitation pro- gram without pay or for nominal pay in any case in which the Secretary determines that such training or work experience is necessary to accomplish such veteran’s rehabilitation; (2) use the facilities, staff, and other re- sources of the Department of Veterans Affairs; (3) employ such additional personnel and ex- perts as the Secretary considers necessary; and (4) use the facilities and services of any Fed- eral, State, or other public agency, any agency maintained by joint Federal and State con- tributions, any federally recognized Indian tribe, any public or private institution or es- tablishment, and any private individual. (b)(1) While pursuing on-job training or work experience under subsection (a)(1) of this section at a Federal agency, a veteran shall be consid- ered to be an employee of the United States for the purposes of the benefits of chapter 81 of title 5, but not for the purposes of laws administered by the Office of Personnel Management. (2) Except as provided in chapter 17 of this title, hospital care and medical services pro- vided under this chapter shall be furnished in fa- cilities over which the Secretary has direct ju- risdiction. (3) Use of the facilities of a State or local gov- ernment agency under subsection (a)(1) of this section or use of facilities and services under subsection (a)(4) of this section, shall be pro- cured through contract, agreement, or other co- operative arrangement. (4) The Secretary shall prescribe regulations providing for the monitoring of training and work experiences provided under such sub- section (a)(1) at State or local government agen- cies and otherwise ensuring that such training or work experience is in the best interest of the veteran and the Federal Government. (c) For purposes of this section, the term ‘‘fed- erally recognized Indian tribe’’ means any In-