38-U.S.C.-1718
§1718 – Therapeutic and Rehabilitative Activities
Pathway
Title 38 > Part II > Chapter 17 > Subchapter II > Section 1718
Details
- Reference: Section 1718
- Legend: §1718 – Therapeutic and Rehabilitative Activities
- USCode Year: 2013
Provision Content
(a) In providing rehabilitative services under this chapter, the Secretary, upon the recommendation of the Under Secretary for Health, may use the services of patients and members in Department health care facilities for therapeutic and rehabilitative purposes. Such patients and members shall not under these circumstances be held or considered as employees of the United States for any purpose. The Secretary shall prescribe the conditions for the use of such services.
(b)(1) In furnishing rehabilitative services under this chapter, the Secretary, upon the recommendation of the Under Secretary for Health, may enter into a contract or other arrangement with any appropriate source (whether or not an element of the Department of Veterans Affairs or of any other Federal entity) to provide for therapeutic work for patients and members in Department health care facilities.
(2) Notwithstanding any other provision of law, the Secretary may also furnish rehabilitative services under this subsection through contractual arrangements with nonprofit entities to provide for such therapeutic work for such patients. The Secretary shall establish appropriate fiscal, accounting, management, recordkeeping, and reporting requirements with respect to the activities of any such nonprofit entity in connection with such contractual arrangements.
(c)(1) There is hereby established in the Treasury of the United States a revolving fund known as the Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund (hereinafter in this section referred to as the fund) for the purpose of furnishing rehabilitative services authorized in subsection (b) or (d). Such amounts of the fund as the Secretary may determine to be necessary to establish and maintain operating accounts for the various rehabilitative services activities may be deposited in checking accounts in other depositaries selected or established by the Secretary.
(2) All funds received by the Department under contractual arrangements made under subsection (b) or (d), or by nonprofit entities described in subsection (b)(2), shall be deposited in or credited to the fund, and the Secretary shall distribute out of the fund moneys to participants at rates not less than the wage rates specified in the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and regulations prescribed thereunder for work of similar character.
(3) The Under Secretary for Health shall prepare, for inclusion in the annual report submitted to Congress under section 529 of this title, a description of the scope and achievements of activities carried out under this section (including pertinent data regarding productivity and rates of distribution) during the prior twelve months and an estimate of the needs of the program of therapeutic and rehabilitation activities to be carried out under this section for the ensuing fiscal year.
(d) In providing to a veteran rehabilitative services under this chapter, the Secretary may furnish the veteran with the following:
(1) Work skills training and development services.
(2) Employment support services.
(3) Job development and placement services.
(e) In providing rehabilitative services under this chapter, the Secretary shall take appropriate action to make it possible for the patient to take maximum advantage of any benefits to which such patient is entitled under chapter 31, 34, or 35 of this title, and, if the patient is still receiving treatment of a prolonged nature under this chapter, the provision of rehabilitative services under this chapter shall be continued during, and coordinated with, the pursuit of education and training under such chapter 31, 34, or 35.
(f) The Secretary shall prescribe regulations to ensure that the priorities set forth in section 1705 of this title shall be applied, insofar as practicable, to participation in therapeutic and rehabilitation activities carried out under this section.
(g)(1) The Secretary may not consider any of the matters stated in paragraph (2) as a basis for the denial or discontinuance of a rating of total disability for purposes of compensation or pension based on the veterans inability to secure or follow a substantially gainful occupation as a result of disability.
(2) Paragraph (1) applies to the following:
(A) A veterans participation in an activity carried out under this section.
(B) A veterans receipt of a distribution as a result of participation in an activity carried out under this section.
(C) A veterans participation in a program of rehabilitative services that (i) is provided as part of the veterans care furnished by a State home and (ii) is approved by the Secretary as conforming appropriately to standards for activities carried out under this section.
(D) A veterans receipt of payment as a result of participation in a program described in subparagraph (C).
(3) A distribution of funds made under this section and a payment made to a veteran under a program of rehabilitative services described in paragraph (2)(C) shall be considered for the purposes of chapter 15 of this title to be a donation from a public or private relief or welfare organization.
(Added Pub. L. 87–574, §2(1), Aug. 6, 1962, 76 Stat. 308, §618; amended Pub. L. 94–581, title I, §105(a), Oct. 21, 1976, 90 Stat. 2845; Pub. L. 98–543, title III, §303, Oct. 24, 1984, 98 Stat. 2748; Pub. L. 99–576, title II, §205, Oct. 28, 1986, 100 Stat. 3256; Pub. L. 102–54, §§10, 14(b)(12), June 13, 1991, 105 Stat. 273, 284; renumbered §1718 and amended Pub. L. 102–83, §§2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 404–406; Pub. L. 102–86, title V, §506(a)(1), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102–585, title IV, §401, Nov. 4, 1992, 106 Stat. 4953; Pub. L. 103–446, title XII, §1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 104–262, title I, §101(d)(7), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 108–170, title I, §104(b), Dec. 6, 2003, 117 Stat. 2045; Pub. L. 109–444, §8(a)(1), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§1004(a)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3465, 3468.)
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
Amendments
2006—Subsec. (c)(2). Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Pub. L. 109–461, §1004(a)(1), inserted of 1938 after Act.
Pub. L. 109–444, which inserted of 1938 after Act, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
2003—Subsec. (c)(1). Pub. L. 108–170, §104(b)(2)(A), substituted subsection (b) or (d) for subsection (b) of this section.
Subsec. (c)(2). Pub. L. 108–170, §104(b)(2)(B), substituted subsection (b) or (d) for subsection (b) of this section and subsection (b)(2) for paragraph (2) of such subsection.
Subsecs. (d) to (g). Pub. L. 108–170, §104(b)(1), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
1996—Subsec. (e). Pub. L. 104–262 substituted section 1705 for section 1712(i).
1994—Subsec. (c)(1). Pub. L. 103–446 substituted Department of Veterans Affairs for Department.
1992—Subsecs. (a), (b)(1), (c)(3). Pub. L. 102–405 substituted Under Secretary for Health for Chief Medical Director.
Subsec. (f). Pub. L. 102–585 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
(1) Neither a veterans participation in an activity carried out under this section nor a veterans receipt of a distribution as a result of such participation may be considered as a basis for the denial or discontinuance of a rating of total disability for purposes of compensation or pension based on the veterans inability to secure or follow a substantially gainful occupation as a result of disability.
(2) A distribution of funds made under this section shall be considered for purposes of chapter 15 of this title to be a donation from a public or private relief or welfare organization.
1991—Pub. L. 102–83, §5(a), renumbered section 618 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
Subsec. (b)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
Pub. L. 102–54, §10(a), substituted a contract or other arrangement with any appropriate source (whether or not an element of the Department of Veterans Affairs or of any other Federal entity) for contractual arrangements with private industry or other sources outside the Veterans’ Administration.
Subsec. (b)(2). Pub. L. 102–86 amended subsec. (b)(2) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by substituting arrangements for arangements in first sentence.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Subsec. (c)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
Pub. L. 102–54, §10(b), substituted furnishing rehabilitative services authorized in for carrying out the provisions of.
Subsec. (c)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
Subsec. (c)(3). Pub. L. 102–83, §2(c)(3), substituted section 529 for section 214.
Pub. L. 102–54, §14(b)(12), inserted and after productivity.
Subsec. (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Subsec. (e). Pub. L. 102–83, §5(c)(1), substituted 1712(i) for 612(i).
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
1986—Subsec. (a). Pub. L. 99–576, §205(1), substituted may use for may utilize, purposes. Such for purposes, at nominal remuneration, and such, and use for utilization.
Subsec. (b)(1). Pub. L. 99–576, §205(2), struck out for remuneration after therapeutic work.
Subsec. (c)(2), (3). Pub. L. 99–576, §205(3), substituted distribute for pay in par. (2), and substituted rates of distribution for and wage rates in par. (3).
Subsec. (f). Pub. L. 99–576, §205(4), designated existing provisions as par. (1), substituted a distribution for remuneration, and added par. (2).
1984—Subsec. (f). Pub. L. 98–543 added subsec. (f).
1976—Subsec. (a). Pub. L. 94–581, §105(a)(1), (2), designated existing provisions as subsec. (a) and substituted In providing rehabilitative services under this chapter, the for The and health care facilities for hospitals and domiciliaries.
Subsecs. (b) to (e). Pub. L. 94–581, §105(a)(3), added subsecs. (b) to (e).
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Demonstration Program of Compensated Work Therapy and Therapeutic Transitional Housing
Pub. L. 102–54, §7, June 13, 1991, 105 Stat. 269, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, §501, Aug. 14, 1991, 105 Stat. 424; Pub. L. 103–452, title I, §103(f), Nov. 2, 1994, 108 Stat. 4787; Pub. L. 104–110, title I, §102(b), Feb. 13, 1996, 110 Stat. 769, authorized Secretary of Veterans’ Affairs, between Oct. 1, 1991, and Dec. 31, 1997, to carry out compensated work therapy and therapeutic transitional housing demonstration program, prior to repeal by Pub. L. 105–114, title II, §202(c)(1), Nov. 21, 1997, 111 Stat. 2287.
Settlement of Claims
Pub. L. 94–581, title I, §105(b), Oct. 21, 1976, 90 Stat. 2846, as amended by Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L. 102–83, §6(a), Aug. 6, 1991, 105 Stat. 407, provided that:
(1) The Secretary of Veterans Affairs may settle claims made by the Department of Veterans Affairs against any private nonprofit corporation organized under the laws of any State, for the use of facilities and personnel of the Department in work projects as a part of a therapeutic or rehabilitation program for patients and members in health care facilities of the Department, and to execute a binding release of all claims by the United States against any such corporation, in such amounts, and upon such terms and conditions as the Secretary considers appropriate.
(2) For the purposes of this subsection, notwithstanding section 3302 of title 31, or any other provision of law, the Secretary may utilize any funds received under any settlement made pursuant to paragraph (1) of this subsection for any purpose agreed upon by the Secretary and such corporation.
U.S. Encyclopedia of Law Coverage
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