§3116 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must work to create and support jobs, training, and related chances for three groups of veterans: those in or who finished VA rehabilitation, veterans with service-connected disabilities, and other veterans covered by the job-focus rules in chapter 42. The Secretary must do this by reaching out to employers and by working with federal, state, and local governments and with nonprofit groups. For the third group, the Secretary must pay special attention to the types of veterans who have higher unemployment. The Secretary may pay employers in individual cases to cover the employer’s actual costs of giving on-the-job training or starting a veteran in a job, but payments cannot be more than those costs. If the veteran’s training also meets the rules for a training assistance allowance under section 3687, and the veteran still has eligibility, the veteran must get that allowance. The Secretary must make rules for these payments after consulting the Secretary of Labor and while considering title V of the Rehabilitation Act of 1973 (29 U.S.C. ch. 16, subch. V), section 4212, and related regulations.

Title 38, §3116

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall actively promote the development and establishment of employment, training, and other related opportunities for (1) veterans who are participating or who have participated in a rehabilitation program under this chapter, (2) veterans with service-connected disabilities, and (3) other veterans to whom the employment emphases set forth in chapter 42 of this title apply. The Secretary shall promote the development and establishment of such opportunities through Department of Veterans Affairs staff outreach efforts to employers and through Department of Veterans Affairs coordination with Federal, State, and local governmental agencies and appropriate nongovernmental organizations. In carrying out the provisions of this subsection with respect to veterans referred to in clause (3) of the first sentence of this subsection, the Secretary shall place particular emphasis on the needs of categories of such veterans on the basis of applicable rates of unemployment.

(b)(1)The Secretary, pursuant to regulations prescribed in accordance with paragraph (3) of this subsection, may make payments to employers for providing on-job training to veterans in individual cases in which the Secretary determines that such payment is necessary to obtain needed on-job training or to begin employment. Such payments may not exceed the direct expenses incurred by such employers in providing such on-job training or employment opportunity.

(2)In any case in which a veteran described in paragraph (1) of this subsection participates in on-job training described in such paragraph that satisfies the criteria for payment of a training assistance allowance under section 3687 of this title, such veteran shall, to the extent that such veteran has remaining eligibility for and entitlement to such allowance, be paid such allowance.

(3)The Secretary shall prescribe regulations under this subsection in consultation with the Secretary of Labor and, in prescribing such regulations, shall take into consideration the provisions of title V of the Rehabilitation Act of 1973 (29 U.S.C. ch. 16, subch. V) and section 4212 of this title, and regulations prescribed under such provisions.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Rehabilitation Act of 1973 is classified generally to subchapter V (§ 790 et seq.) of chapter 16 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 3116 was renumbered section 5316 of this title.

Amendments

2011—Subsec. (b)(1). Pub. L. 112–56 struck out “who have been rehabilitated to the point of employability” after “veterans”. 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 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, 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) [formerly 1516(b)] of title 38, United States Code, the Secretary of Veterans Affairs shall take all feasible steps to establish and encourage, for veterans who are eligible 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 redesignated by section 201(a)(1) of this Act) [29 U.S.C. 1721 note] so as to utilize programs of job training established by employers pursuant to such Act. “(b) Directive.—In carrying out such Act, the Secretary 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 consistent with the veteran’s best interests, to make payments to employers on behalf of such veterans.”

§3116 Promotion of employment and training opportunities