[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3115]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 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 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.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2182, Sec. 1515; amended Pub. L. 100-689, title II, Sec. 201, Nov. 18,
1988, 102 Stat. 4175; Pub. L. 101-237, title IV, Sec. 423(b)(1), Dec.
18, 1989, 103 Stat. 2092; renumbered Sec. 3115, Pub. L. 102-83,
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title VI,
Sec. 602(a), Nov. 2, 1994, 108 Stat. 4671.)
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, as amended, which is
classified generally to chapter 33 (Sec. 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, Sec. 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, Sec. 602(a)(1)(B), inserted ``any
federally recognized Indian tribe,'' after ``contributions,''.
Subsec. (c). Pub. L. 103-446, Sec. 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, Sec. 201(1), inserted ``, or
of any State or local government agency receiving Federal f
