Sec. 505. Vocational rehabilitation
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Section 8104 is amended— in subsection (a)— by striking
(a)The Secretary of Labor may and all that follows through undergo vocational rehabilitation. and inserting the following: Except as provided in paragraph (2), not earlier than the date that is 6 months after the date on which an individual eligible for wage-loss compensation under section 8105 or 8106 is injured, or by such other date as the Secretary of Labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation, and if vocational rehabilitation may enable the individual to become capable of more gainful employment, the Secretary of Labor shall direct the individual to participate in developing a comprehensive return to work plan and to undergo vocational rehabilitation at a location a reasonable distance from the residence of the individual. ; by striking the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29 and inserting the Secretary of Education in carrying out the purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) ; by striking under section 32(b)(1) of title 29 and inserting under section 5 of the Rehabilitation Act of 1973 ( ; and 29 U.S.C. 704 ) by adding at the end the following: The Secretary of Labor may not direct an individual who has attained retirement age to participate in developing a comprehensive return to work plan or to undergo vocational rehabilitation. ; by redesignating subsection
(b)as subsection (c); by inserting after subsection
(a)the following: A return to work plan developed under subsection (a)— shall— set forth specific measures designed to increase the wage-earning capacity of an individual; take into account the prior training and education of the individual and the training, educational, and employment opportunities reasonably available to the individual; and provide that any employment undertaken by the individual under the return to work plan be at a location a reasonable distance from the residence of the individual; may provide that the Secretary will pay out of amounts in the Employees’ Compensation Fund reasonable expenses of vocational rehabilitation (which may include tuition, books, training fees, supplies, equipment, and child or dependent care) during the course of the plan; and may not be for a period of more than 2 years, unless the Secretary finds good cause to grant an extension, which may be for not more than 2 years. ; in subsection (c), as so redesignated— by inserting before Compensation .— Notwithstanding ; and by striking , other than employment undertaken pursuant to such rehabilitation ; and by adding at the end the following: The Secretary may enter into an assisted reemployment agreement with an agency or instrumentality of any branch of the Federal Government or a State or local government or a private employer that employs an individual eligible for wage-loss compensation under section 8105 or 8106 to enable the individual to return to productive employment. An assisted reemployment agreement under paragraph (1)— may provide that the Secretary will use amounts in the Employees’ Compensation Fund to reimburse an employer in an amount equal to not more than 100 percent of the compensation the individual would otherwise receive under section 8105 or 8106; and may not be for a period of more than 3 years. To facilitate the hiring of individuals eligible for wage-loss compensation under section 8105 or 8106, the Secretary shall provide a list of such individuals to the Office of Personnel Management, which the Office of Personnel Management shall provide to all agencies and instrumentalities of the Federal Government. . Section 8147 is amended by adding at the end: Notwithstanding subsection (b), any benefits or other payments paid to or on behalf of an employee under this subchapter or any extension or application thereof for a recurrence of injury, consequential injury, aggravation of injury, or increase in percentage of impairment to a member for which compensation is provided under the schedule under section 8107 suffered in a permanent position with an agency or instrumentality of the United States while the employment with the agency or instrumentality is covered under an assisted reemployment agreement entered into under section 8104(d) shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection
(b)if the injury was originally incurred in a position not covered by an assisted reemployment agreement. . Section 8113(b) is amended by adding at the end the following: An individual who has attained retirement age may not be required to undergo vocational rehabilitation. . Section 8113(b) is amended by striking may reduce and inserting shall reduce . Subchapter III of chapter 15 of title 31, United States Code, is amended by adding at the end the following: Funds may be transferred from the Employees’ Compensation Fund established under section 8147 of title 5 to the applicable appropriations account for an agency or instrumentality of any branch of the Federal Government for the purposes of reimbursing the agency or instrumentality in accordance with an assisted reemployment agreement entered into under section 8104 of title 5. . The table of sections for chapter 15 of title 31, United States Code, is amended by inserting after the item relating to section 1537 the following: 1538. Authorization for assisted reemployment. .
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