**§21.299 Use of Government facilities for on-job training or work
experience at no or nominal pay.**

\(a\) *Types of facilities which may be used to provide training.*
Notwithstanding any other provision of regulations governing chapter 31,
the facilities of any agency of the United States or of any State or
local government receiving Federal financial assistance may be used to
provide training or work experience at no or nominal pay as all or part
of the veteran's program of vocational training under §§21.123, 21.294,
and 21.296 of this part. The counseling psychologist and case manager
must determine that the training work experience is necessary to
accomplish vocational rehabilitation and providing such training or work
experience is in the best interest of the veteran and the Federal
government. (Authority: 38 U.S.C. 3115, Pub. L. 100-689)

\(b\) *Employment status of veterans.*

\(1\) While pursuing on-job training or work experience in a facility of
the United States, a veteran:

\(i\) Shall be deemed to be an employee of the United States for the
purposes of benefits under chapter 81, title 5, United States Code; but

\(ii\) Shall not be deemed an employee of the United States for the
purpose of laws administered by the Office of Personnel Management.

\(2\) While pursuing on-job training or work experience in a State or
local government agency the veteran shall have the employment status and
rights comparable to those provided in paragraph (b)(1) of this section
for a veteran pursuing on-job training or work experience at a Federal
agency. (Authority: 38 U.S.C. 3115, Pub. L. 100-689)

\(c\) *Terms applicable to training in State and local government.*

\(1\) The term *State* means each of the several States, Territories,
any possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico. (Authority: 38 U.S.C. 101(20))

\(2\) The term *local government agency* means an administrative
subdivision of a government including a county, municipality, city,
town, township, public authority, district, school district, or other
such agency or instrumentality of a local government.

\(3\) The term *Federal financial assistance* means the direct or
indirect provision of funds by grant, loan, contract, or any other
arrangement by the Federal government to a State or local government
agency.

\(d\) *Additional considerations in providing on-job training and work
experience in State and local government agencies.*

\(1\) The veteran's progress and adjustment in a rehabilitation program
conducted wholly or in part at a State or local government agency shall
be closely monitored by VR&E staff members to assure that:

\(i\) Training and rehabilitation services are provided in accordance
with the veteran's rehabilitation plan. The plan shall provide for:

\(A\) Close supervision of the veteran's progress and adjustment by the
case manager during the period he or she is at the State or local
government agency; and

\(B\) The employer's periodic certification (not less than once every
three months) that the veteran's progress and adjustment are in
accordance with the program which has been jointly developed by VA, the
veteran and the employer; and

\(ii\) The veteran achieves his or her employment goal.

\(2\) Training may not be provided for a position which involves
religious or political activities;

\(3\) The veteran's training:

\(i\) Will not result in the displacement of currently employed workers;
and

\(ii\) Will not be in a job while another person is laid off from a
substantially equivalent job, or will not be in a job the opening for
which was created as a result of the employer having terminated the
employment of any regular employee or otherwise having reduced its
workforce with the intention of using the opening for a Chapter 31
trainee. (Authority: Pub. L. 100-689)

\[55 FR 3739, Feb. 5, 1990, as amended at 66 FR 44053, Aug. 22, 2001\]

*Next Section is §21.310*