38 U.S.C. § 3115 — Rehabilitation resources
submitted 46 years ago by Pub. L. 96-466 to r/title-38-VETERANS-BENEFITS · 406 words · no verdicts yet
For veterans’ rehabilitation services, the Secretary may use specified public and private facilities, personnel, and resources. It sets Federal-employee status, contracting, monitoring, and a definition of “federally recognized Indian tribe.”
(a) Despite other law, to provide services under this chapter, the Secretary* may: (1) use facilities of Federal agencies, State* or local agencies receiving Federal financial assistance, or federally recognized Indian tribes for unpaid or nominal-pay training or work experience when necessary for a veteran’s rehabilitation; (2) use VA facilities, staff, and other resources; (3) hire additional personnel and experts considered necessary; and (4) use facilities and services of Federal, State, or other public agencies, jointly funded agencies, federally recognized Indian tribes, public or private institutions, establishments, and private individuals. (b) (1) A veteran* doing on-the-job training or work experience at a Federal agency under (a)(1) is a United States employee for chapter 81 of title 5 benefits, but not for laws administered by the Office of Personnel Management. (2) Except under chapter 17 of this title, hospital care and medical services under this chapter must be furnished in facilities directly controlled by the Secretary. (3) Use of State or local facilities under (a)(1), or facilities and services under (a)(4), must be obtained by contract, agreement, or other cooperative arrangement. (4) The Secretary must issue regulations to monitor training and work experience at State or local agencies and otherwise ensure that it serves the veteran’s and Federal Government’s best interests. (c) “Federally recognized Indian tribe” means an Indian tribe, band, nation, pueblo, or other organized group or community, including an Alaska Native village or regional corporation defined in or established under the Alaska Native Claims Settlement Act, recognized as eligible for special United States programs and services for Indians because of Indian status.
Notwithstanding any other provision of law, for the purpose of providing services under this chapter, the Secretary* may—
use the facilities of any Federal agency (including the Department* of Veterans Affairs), of any State* or local government agency receiving Federal financial assistance, or of any federally recognized Indian tribe, to provide training or work experience as part or all of a veteran’s vocational rehabilitation program* 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;
use the facilities, staff, and other resources of the Department of Veterans Affairs;
employ such additional personnel and experts as the Secretary considers necessary; and
use the facilities and services of any Federal, State, or other public agency, any agency maintained by joint Federal and State contributions, any federally recognized Indian tribe, any public or private institution or establishment, and any private individual.
While pursuing on-job training or work experience under subsection (a)(1) of this section at a Federal agency, a veteran* shall be considered 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.
Except as provided in chapter 17 of this title, hospital care and medical services provided under this chapter shall be furnished in facilities over which the Secretary has direct jurisdiction.
Use of the facilities of a State or local government agency under subsection (a)(1) of this section or use of facilities and services under subsection (a)(4) of this section, shall be procured through contract, agreement, or other cooperative arrangement.
The Secretary shall prescribe regulations providing for the monitoring of training and work experiences provided under such subsection (a)(1) at State or local government agencies and otherwise ensuring that such training or work experience is in the best interest of the veteran and the Federal Government.
For purposes of this section, the term “federally recognized Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-466 · 94 Stat. 2182
- 1988Amended · Pub. L. 100-689 · 102 Stat. 4175
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2092
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 1994Amended · Pub. L. 103-446 · 108 Stat. 4671
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-466 on 1980-10-17.
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