§3115 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may use federal, state, local, or tribal facilities to give training or work experience to veterans as part of their vocational rehabilitation. That training can be unpaid or for a very small amount when the Secretary decides it is needed. The Secretary can also use VA staff and resources, hire extra people and experts, and work with public or private agencies or individuals to provide services. A veteran training at a federal agency under this program is treated as a U.S. employee for benefits under chapter 81 of title 5, but not for rules run by the Office of Personnel Management. Hospital care under this program is given in places the Secretary directly controls, except as chapter 17 allows. Use of state, local, or other outside facilities must be done by contract or agreement. The Secretary must make rules to monitor such training and make sure it helps both the veteran and the federal government. A "federally recognized Indian tribe" includes tribes, Alaska Native villages, and regional corporations recognized by the U.S. for Indian services.

Title 38, §3115

Veterans' Benefits — Source: USLM XML via OLRC

(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 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;

(2)use the facilities, staff, and other resources of the Department of Veterans Affairs;

(3)employ such additional personnel and experts as the Secretary considers necessary; and

(4)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.

(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 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.

(2)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.

(3)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.

(4)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.

(c)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.

Notes & Related Subsidiaries

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 classification 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 “contributions,”. 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 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing. 1988—Subsec. (a)(1). Pub. L. 100–689, § 201(1), inserted “, or of any State or local government agency receiving Federal financial assistance,” after “Administration)”. 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 procured through contract, agreement, or other cooperative 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.

§3115 Rehabilitation resources