[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3117]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3117. Employment assistance
(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 veteran's 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 veteran's own business and to insure that such
veteran receives the special consideration provided for in section 8 of
the Small Business Act (15 U.S.C. 633(b)).
(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, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2183, Sec. 1517; amended Pub. L. 97-72, title III, Sec. 303(k), Nov. 3,
1981, 95 Stat. 1060; Pub. L. 100-689, title II, Sec. 202(a), Nov. 18,
1988, 102 Stat. 4175; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; Pub. L. 102-54, Sec. 14(c)(4), June 13, 1991,
105 Stat. 285; renumbered Sec. 3117 and amended Pub. L. 102-83,
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275, title
I, Sec. 101(h), Oct. 9, 1996, 110 Stat. 3325; Pub. L. 107-288,
Sec. 4(e)(2), Nov. 7, 2002, 116 Stat. 2044.)
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 (Sec. 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.
Section 8 of the Small Business Act (15 U.S.C. 633(b)), referred to
in subsec. (b)(1), probably means section 2[4] of the Small Business
Act, Pub. L. 85-536, Sec. 2[4], July 18, 1958, 72 Stat. 384, as amended
by section 8 of Pub. L. 93-237, Jan. 2, 1974, 87 Stat. 1025, which is
classified to section 633(b) of Title 15, Commerce and Trade.
Prior Provisions
Prior section 3117 was renumbered section 5317 of this title.
Amendments
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, Sec. 5(a), renumbered section 1517 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-54, Sec. 14(c)(4)(A), inserted ``(29
U.S.C. 701 et seq.)'' after ``1973''.
Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted
``4103A'' for ``2003A''.
Subsec. (a)(2)(C)(v). Pub. L. 102-54, Sec. 14(c)(4)(B), struck out
second period at end.
Subsec. (b)(2). Pub. L. 102-83, Sec. 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 t
