§ 3116. — Promotion of employment and training opportunities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3116]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3116. Promotion of employment and training opportunities
(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 who have been
rehabilitated to the point of employability 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.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2182, Sec. 1516; amended Pub. L. 101-237, title IV, Sec. 423(b)(1), Dec.
18, 1989, 103 Stat. 2092; renumbered Sec. 3116 and amended Pub. L. 102-
83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
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, as amended. Title V of the
Rehabilitation Act of 1973 is classified generally to subchapter V
(Sec. 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
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1516 of this
title as this section.
Subsec. (b)(2), (3). Pub. L. 102-83, Sec. 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.
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, Sec. 202, Jan. 13, 1986, 99 Stat. 1768, as
amended by Pub. L. 102-83, Secs. 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.''
