38-U.S.C.-3117
§3117 – Employment Assistance
Pathway
Title 38 > Part III > Chapter 31 > Section 3117
Details
- Reference: Section 3117
- Legend: §3117 – Employment Assistance
- USCode Year: 2013
Provision Content
(a)(1) A veteran with a service-connected disability rated at 10 percent or more who has participated 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 veterans abilities, aptitudes, interests, and employment handicap, including assistance necessary 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 employment or training.
(2) Assistance provided under this subsection may include—
(A) direct placement of such veteran in employment;
(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 employment service and the Veterans’ Employment 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 provide 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 subclauses (i) through (iv) of this clause.
(b)(1) In any case in which a veteran has completed 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 Administration to assist such veteran to secure a loan for the purchase of equipment needed to establish such veterans own business and to insure that such veteran receives the special consideration 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 clause (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 clause, 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 acquiring 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.)
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, as amended, 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
2006—Subsec. (b)(1). Pub. L. 109–233 substituted section 4(b)(1) for section 8 and 633(b)(1) for 633(b).
2002—Subsec. (a)(2)(B). Pub. L. 107–288 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: utilization of the services of disabled 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 substituted Secretary for Administrator wherever appearing.
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 securing, as appropriate, a loan under subchapter IV of chapter 37 of this title.
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.
U.S. Encyclopedia of Law Coverage
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38-U.S.C.-3114 in the Legal Encyclopedia: Benefits
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