38 U.S.C. § 3115 — Rehabilitation resources

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- Page 702 TITLE 38—VETERANS’ BENEFITS § 3116 dian tribe, band, nation, pueblo, or other orga- nized group or community, including any Alas- ka Native village or regional corporation as de- fined in or established pursuant to the Alaska Native Claims Settlement Act, which is recog- nized as eligible for the special programs and services provided by the United States to Indi- ans because of their status as Indians. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1515; amended Pub. L. 100–689, title II, § 201, Nov. 18, 1988, 102 Stat. 4175; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3115, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, § 602(a), Nov. 2, 1994, 108 Stat. 4671.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (c), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. PRIOR PROVISIONS Prior section 3115 was renumbered section 5315 of this title. Provisions similar to those comprising this section were contained in former section 1511 of this title prior to the general revision of this chapter by Pub. L. 96–466. AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–446, § 602(a)(1)(A), struck out ‘‘or’’ after ‘‘(including the Department of Veterans Affairs),’’ and inserted ‘‘or of any federally recognized Indian tribe,’’ after ‘‘financial assistance,’’. Subsec. (a)(4). Pub. L. 103–446, § 602(a)(1)(B), inserted ‘‘any federally recognized Indian tribe,’’ after ‘‘con- tributions,’’. Subsec. (c). Pub. L. 103–446, § 602(a)(2), added subsec. (c). 1991—Pub. L. 102–83 renumbered section 1515 of this title as this section. 1989—Subsecs. (a), (b)(2), (4). Pub. L. 101–237 sub- stituted ‘‘Secretary’’ and ‘‘Department of Veterans Af- fairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administra- tion’’, respectively, wherever appearing. 1988—Subsec. (a)(1). Pub. L. 100–689, § 201(1), inserted ‘‘, or of any State or local government agency receiv- ing Federal financial assistance,’’ after ‘‘Administra- tion)’’. Subsec. (b)(1). Pub. L. 100–689, § 201(2)(A), inserted ‘‘at a Federal agency’’ after ‘‘section’’. Subsec. (b)(3), (4). Pub. L. 100–689, § 201(2)(B), added pars. (3) and (4) and struck out former par. (3) which read as follows: ‘‘Use of facilities and services under clause (4) of subsection (a) of this section, shall be pro- cured through contract, agreement, or other coopera- tive arrangement.’’ 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. § 3116. Promotion of employment and training opportunities (a) The Secretary shall actively promote the development and establishment of employment, training, and other related opportunities for (1) veterans who are participating or who have par- ticipated in a rehabilitation program under this chapter, (2) veterans with service-connected dis- abilities, and (3) other veterans to whom the em- ployment emphases set forth in chapter 42 of this title apply. The Secretary shall promote the development and establishment of such op- portunities through Department of Veterans Af- fairs staff outreach efforts to employers and through Department of Veterans Affairs coordi- nation with Federal, State, and local govern- mental agencies and appropriate nongovern- mental organizations. In carrying out the provi- sions of this subsection with respect to veterans referred to in clause (3) of the first sentence of this subsection, the Secretary shall place par- ticular emphasis on the needs of categories of such veterans on the basis of applicable rates of unemployment. (b)(1) The Secretary, pursuant to regulations prescribed in accordance with paragraph (3) of this subsection, may make payments to employ- ers for providing on-job training to veterans in individual cases in which the Secretary deter- mines that such payment is necessary to obtain needed on-job training or to begin employment. Such payments may not exceed the direct ex- penses incurred by such employers in providing such on-job training or employment oppor- tunity. (2) In any case in which a veteran described in paragraph (1) of this subsection participates in on-job training described in such paragraph that satisfies the criteria for payment of a training assistance allowance under section 3687 of this title, such veteran shall, to the extent that such veteran has remaining eligibility for and enti- tlement to such allowance, be paid such allow- ance. (3) The Secretary shall prescribe regulations under this subsection in consultation with the Secretary of Labor and, in prescribing such reg- ulations, shall take into consideration the pro- visions of title V of the Rehabilitation Act of 1973 (29 U.S.C. ch. 16, subch. V) and section 4212 of this title, and regulations prescribed under such provisions. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1516; amended Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3116 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–56, title II, § 232, Nov. 21, 2011, 125 Stat. 719.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Rehabilitation Act of 1973 is classified gen- erally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. PRIOR PROVISIONS Prior section 3116 was renumbered section 5316 of this title. AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 112–56 struck out ‘‘who have been rehabilitated to the point of employability’’ after ‘‘veterans’’.