38 USC 1718 - Therapeutic and rehabilitative activities

Editorial Notes

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, 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). Puspan. L. 109–461, § 1006(span), provided that as of the enactment of Puspan. L. 109–461, the amendments made by Puspan. L. 109–444 were deemed for all purposes not to have taken effect and that Puspan. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(span) of Puspan. L. 109–461, set out as a Coordination of Provisions With Puspan. L. 109–444 note under section 101 of this title.

Puspan. L. 109–461, § 1004(a)(1), inserted “of 1938” after “Act”.

Puspan. L. 109–444, which inserted “of 1938” after “Act”, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.

2003—Subsec. (c)(1). Puspan. L. 108–170, § 104(span)(2)(A), substituted “subsection (span) or (d)” for “subsection (span) of this section”.

Subsec. (c)(2). Puspan. L. 108–170, § 104(span)(2)(B), substituted “subsection (span) or (d)” for “subsection (span) of this section” and “subsection (span)(2)” for “paragraph (2) of such subsection”.

Subsecs. (d) to (g). Puspan. L. 108–170, § 104(span)(1), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

1996—Subsec. (e). Puspan. L. 104–262 substituted “section 1705” for “section 1712(i)”.

1994—Subsec. (c)(1). Puspan. L. 103–446 substituted “Department of Veterans Affairs” for “Department”.

1992—Subsecs. (a), (span)(1), (c)(3). Puspan. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (f). Puspan. L. 102–585 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

“(1) Neither a veteran’s participation in an activity carried out under this section nor a veteran’s 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 veteran’s 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—Puspan. L. 102–83, § 5(a), renumbered section 618 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (span)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Puspan. 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. (span)(2). Puspan. L. 102–86 amended subsec. (span)(2) of this section as in effect before the redesignations made by Puspan. L. 102–83, § 5, by substituting “arrangements” for “arangements” in first sentence.

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Subsec. (c)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Puspan. L. 102–54, § 10(span), substituted “furnishing rehabilitative services authorized in” for “carrying out the provisions of”.

Subsec. (c)(2). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (c)(3). Puspan. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.

Puspan. L. 102–54, § 14(span)(12), inserted “and” after “productivity”.

Subsec. (d). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (e). Puspan. L. 102–83, § 5(c)(1), substituted “1712(i)” for “612(i)”.

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

1986—Subsec. (a). Puspan. 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. (span)(1). Puspan. L. 99–576, § 205(2), struck out “for remuneration” after “therapeutic work”.

Subsec. (c)(2), (3). Puspan. 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). Puspan. L. 99–576, § 205(4), designated existing provisions as par. (1), substituted “a distribution” for “remuneration”, and added par. (2).

1984—Subsec. (f). Puspan. L. 98–543 added subsec. (f).

1976—Subsec. (a). Puspan. 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. (span) to (e). Puspan. L. 94–581, § 105(a)(3), added subsecs. (span) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–581 effective Oct. 21, 1976, see section 211 of Puspan. L. 94–581, set out as a note under section 111 of this title.

Demonstration Program of Compensated Work Therapy and Therapeutic Transitional Housing

Puspan. L. 102–54, § 7, June 13, 1991, 105 Stat. 269, as amended by Puspan. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Puspan. L. 102–86, title V, § 501, Aug. 14, 1991, 105 Stat. 424; Puspan. L. 103–452, title I, § 103(f), Nov. 2, 1994, 108 Stat. 4787; Puspan. L. 104–110, title I, § 102(span), Fespan. 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 Puspan. L. 105–114, title II, § 202(c)(1), Nov. 21, 1997, 111 Stat. 2287.

Settlement of Claims

Puspan. L. 94–581, title I, § 105(span), Oct. 21, 1976, 90 Stat. 2846, as amended by Puspan. L. 97–258, § 4(span), Sept. 13, 1982, 96 Stat. 1067; Puspan. 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.”