38 U.S.C. § 3117 — Employment assistance

Page 703 TITLE 38—VETERANS’ BENEFITS § 3117 1991—Pub. L. 102–83, § 5(a), renumbered section 1516 of this title as this section. Subsec. (b)(2), (3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3687’’ for ‘‘1787’’ in par. (2) and ‘‘4212’’ for ‘‘2012’’ in par. (3). 1989—Subsecs. (a), (b)(1), (3). Pub. L. 101–237 sub- stituted ‘‘Secretary’’ and ‘‘Department of Veterans Af- fairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administra- tion’’, respectively, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L. 96–466, set out as a note under section 3100 of this title. COORDINATION WITH PROGRAMS UNDER VETERANS’ JOB TRAINING ACT Pub. L. 99–238, title II, § 202, Jan. 13, 1986, 99 Stat. 1768, as amended by Pub. L. 102–83, §§ 5(c)(2), 6(g), Aug. 6, 1991, 105 Stat. 406, 408, provided that: ‘‘(a) IN GENERAL.—In carrying out section 3116(b) [for- merly 1516(b)] of title 38, United States Code, the Sec- retary of Veterans Affairs shall take all feasible steps to establish and encourage, for veterans who are eligi- ble to have payments made on their behalf under such section, the development of training opportunities through programs of job training consistent with the provisions of the Veterans’ Job Training Act (as redes- ignated by section 201(a)(1) of this Act) [29 U.S.C. 1721 note] so as to utilize programs of job training estab- lished by employers pursuant to such Act. ‘‘(b) DIRECTIVE.—In carrying out such Act, the Sec- retary of Veterans Affairs shall take all feasible steps to ensure that, in the cases of veterans who are eligible to have payments made on their behalf under both such Act and section 3116(b) [formerly 1516(b)] of title 38, United States Code, the authority under such section is utilized, to the maximum extent feasible and con- sistent with the veteran’s best interests, to make pay- ments to employers on behalf of such veterans.’’ § 3117. Employment assistance (a)(1) A veteran with a service-connected dis- ability rated at 10 percent or more who has par- ticipated in a vocational rehabilitation program under this chapter or a similar program under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and who the Secretary has determined to be employable shall be furnished assistance in obtaining employment consistent with such vet- eran’s abilities, aptitudes, interests, and em- ployment handicap, including assistance nec- essary to insure that such veteran receives the benefit of any applicable provisions of law or regulation providing for special consideration or emphasis or preference for such veteran in em- ployment or training. (2) Assistance provided under this subsection may include— (A) direct placement of such veteran in em- ployment; (B) utilization of employment, training, and placement services under chapter 41 of this title; and (C) utilization of the job development and placement services of (i) programs under the Rehabilitation Act of 1973, (ii) the State em- ployment service and the Veterans’ Employ- ment Service of the Department of Labor, (iii) the Office of Personnel Management, (iv) any other public or nonprofit organization having placement services available, and (v) any for- profit entity in a case in which the Secretary has determined that services necessary to pro- vide such assistance are available from such entity and that comparably effective services are not available, or cannot be obtained cost- effectively, from the entities described in sub- clauses (i) through (iv) of this subparagraph. (b)(1) In any case in which a veteran has com- pleted a vocational rehabilitation program for self-employment in a small business enterprise under this chapter, the Secretary shall assist such veteran in securing, as appropriate, a loan under subchapter IV of chapter 37 of this title and shall cooperate with the Small Business Ad- ministration to assist such veteran to secure a loan for the purchase of equipment needed to es- tablish such veteran’s own business and to en- sure that such veteran receives the special con- sideration provided for in section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)). (2) In the case of a veteran described in para- graph (12) of section 3104(a) of this title who has trained under a State rehabilitation program with the objective of self-employment in a small business enterprise, the Secretary may, subject to the limitations and criteria provided for in such paragraph, provide such veteran with such supplementary equipment and initial stocks and supplies as are determined to be needed by such veteran if such supplementary equipment and initial stocks and supplies, or assistance in ac- quiring them, are not available through the State program or other sources. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2183, § 1517; amended Pub. L. 97–72, title III, § 303(k), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 100–689, title II, § 202(a), Nov. 18, 1988, 102 Stat. 4175; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–54, § 14(c)(4), June 13, 1991, 105 Stat. 285; renumbered § 3117 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(h), Oct. 9, 1996, 110 Stat. 3325; Pub. L. 107–288, § 4(e)(2), Nov. 7, 2002, 116 Stat. 2044; Pub. L. 109–233, title V, § 503(6), June 15, 2006, 120 Stat. 416; Pub. L. 117–333, § 14(c), Jan. 5, 2023, 136 Stat. 6135.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (a)(1), (2)(C)(i), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. PRIOR PROVISIONS Prior section 3117 was renumbered section 5317 of this title. AMENDMENTS 2023—Subsec. (a)(2)(C). Pub. L. 117–333, § 14(c)(1), sub- stituted ‘‘this subparagraph’’ for ‘‘this clause’’. Subsec. (b)(1). Pub. L. 117–333, § 14(c)(2)(A), substituted ‘‘ensure’’ for ‘‘insure’’. Subsec. (b)(2). Pub. L. 117–333, § 14(c)(2)(B), substituted ‘‘paragraph’’ for ‘‘clause’’ in two places. 2006—Subsec. (b)(1). Pub. L. 109–233 substituted ‘‘sec- tion 4(b)(1)’’ for ‘‘section 8’’ and ‘‘633(b)(1)’’ for ‘‘633(b)’’. 2002—Subsec. (a)(2)(B). Pub. L. 107–288 amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘utilization of the services of disabled Page 704 TITLE 38—VETERANS’ BENEFITS § 3118 veterans outreach program specialists under section 4103A of this title; and’’. 1996—Subsec. (a)(1). Pub. L. 104–275 inserted ‘‘rated at 10 percent or more’’ after ‘‘disability’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1517 of this title as this section. Subsec. (a)(1). Pub. L. 102–54, § 14(c)(4)(A), inserted ‘‘(29 U.S.C. 701 et seq.)’’ after ‘‘1973’’. Subsec. (a)(2)(B). Pub. L. 102–83, § 5(c)(1), substituted ‘‘4103A’’ for ‘‘2003A’’. Subsec. (a)(2)(C)(v). Pub. L. 102–54, § 14(c)(4)(B), struck out second period at end. Subsec. (b)(2). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3104(a)’’ for ‘‘1504(a)’’. 1989—Subsecs. (a)(1), (2)(C), (b). Pub. L. 101–237 sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1988—Subsec. (a)(2)(C). Pub. L. 100–689 struck out ‘‘and’’ at end of subcl. (iii), substituted ‘‘available, and’’ for ‘‘available’’ in subcl. (iv), and added subcl. (v). 1981—Subsec. (b)(1). Pub. L. 97–72 inserted provision requiring the Administrator to assist veterans in secur- ing, as appropriate, a loan under subchapter IV of chap- ter 37 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–72 effective at end of 180- day period beginning on Nov. 3, 1981, see section 305 of Pub. L. 97–72, set out as an Effective Date note under section 3741 of this title. EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3118. Personnel training, development, and qualifications (a) The Secretary shall provide a program of ongoing professional training and development for Department of Veterans Affairs counseling and rehabilitation personnel engaged in pro- viding rehabilitation services under this chap- ter. The objective of such training shall be to in- sure that rehabilitation services for disabled veterans are provided in accordance with the most advanced knowledge, methods, and tech- niques available for the rehabilitation of handi- capped persons. For this purpose, the Secretary may employ the services of consultants and may make grants to and contract with public or pri- vate agencies (including institutions of higher learning) to conduct such training and develop- ment. (b) The Secretary shall coordinate with the Commissioner of the Rehabilitation Services Administration in the Department of Education and the Assistant Secretary for Veterans’ Em- ployment in the Department of Labor in plan- ning and carrying out personnel training in areas of mutual programmatic concern. (c) Notwithstanding any other provision of law, the Secretary shall establish such qualifica- tions for personnel providing evaluation and re- habilitation services to veterans under this chapter and for employees performing the func- tions described in section 3106(f) of this title as the Secretary determines are necessary and ap- propriate to insure the quality of rehabilitation programs under this chapter. In establishing such qualifications, the Secretary shall take into account the qualifications established for comparable personnel under the Rehabilitation Act of 1973 (29 U.S.C. ch. 16). (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1518; amended Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3118 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(f)(2)(C), Oct. 9, 1996, 110 Stat. 3325.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973 (29 U.S.C. ch. 16), re- ferred to in subsec. (c), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. PRIOR PROVISIONS Prior section 3118 was renumbered section 5318 of this title. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–275 substituted ‘‘3106(f)’’ for ‘‘3106(e)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1518 of this title as this section. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3106(e)’’ for ‘‘1506(e)’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, respectively, wher- ever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3119. Rehabilitation research and special projects (a) The Secretary shall carry out an ongoing program of activities for the purpose of advanc- ing the knowledge, methods, techniques, and re- sources available for use in rehabilitation pro- grams for veterans. For this purpose, the Sec- retary shall conduct and provide support for the development or conduct, or both the develop- ment and conduct, of— (1) studies and research concerning the psy- chological, educational, employment, social, vocational, industrial, and economic aspects of the rehabilitation of disabled veterans, in- cluding new methods of rehabilitation; and (2) projects which are designed to increase the resources and potential for accomplishing the rehabilitation of disabled veterans. (b) For the purpose specified in subsection (a) of this section, the Secretary is authorized to make grants to or contract with public or non- profit agencies, including institutions of higher learning. (c) The Secretary shall cooperate with the Commissioner of the Rehabilitation Services Administration and the Director of the Institute of Handicapped Research in the Department of Education, the Assistant Secretary for Vet- erans’ Employment in the Department of Labor,