(a)
(2) The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor in establishing and maintaining the program under this section.
(3) The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section.
(b)
(1) Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities, (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview techniques.
(2) In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237.
(3) Provide information concerning Federal, State, and local programs, and programs of military and veterans' service organizations, that may be of assistance to such members after separation from the armed forces, including, as appropriate, the information and services to be provided under section 1142 of this title.
(4) Inform such members that the Department of Defense and the Department of Homeland Security are required under section 1143(a) of this title to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills.
(5) Provide information and other assistance to such members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies.
(6) Provide information about the geographic areas in which such members will relocate after separation from the armed forces, including, to the degree possible, information about employment opportunities, the labor market, and the cost of living in those areas (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care).
(7) Work with military and veterans' service organizations and other appropriate organizations in promoting and publicizing job fairs for such members.
(8) Provide information about disability-related employment and education protections.
(9) Provide information regarding the required deduction, pursuant to subsection (h) of section 1175a of this title, from disability compensation paid by the Secretary of Veterans Affairs of amounts equal to any voluntary separation pay received by the member under such section.
(10) Acting through the Secretary of the department in which the Coast Guard is operating, provide information on career and employment opportunities available to members with transportation security cards issued under section 70105 of title 46.
(c)
(2) The Secretary of Defense and the Secretary of Homeland Security may, under regulations such Secretaries shall prescribe, waive the participation requirement of paragraph (1) with respect to—
(A) such groups or classifications of members as the Secretaries determine, after consultation with the Secretary of Labor and the Secretary of Veterans Affairs, for whom participation is not and would not be of assistance to such members based on the Secretaries' articulable justification that there is extraordinarily high reason to believe the exempted members are unlikely to face major readjustment, health care, employment, or other challenges associated with transition to civilian life; and
(B) individual members possessing specialized skills who, due to unavoidable circumstances, are needed to support a unit's imminent deployment.
(d)
(1) provide, as the case may be, for the use of disabled veterans outreach program specialists, local veterans' employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits;
(2) use military and civilian personnel of the Department of Defense and the Department of Homeland Security;
(3) use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department;
(4) use representatives of military and veterans' service organizations;
(5) enter into contracts with public entities;
(6) enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for assistance under the program carried out under this section on—
(A) private sector culture, resume writing, career networking, and training on job search technologies;
(B) academic readiness and educational opportunities; or
(C) other relevant topics; and
(7) take other necessary action to develop and furnish the information and services to be provided under this section.
(e)
(f)
(A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.
(B) One day of instruction regarding—
(i) benefits under laws administered by the Secretary of Veterans Affairs; and
(ii) other subjects determined by the Secretary concerned.
(C) One day of instruction regarding preparation for employment.
(D) Two days of instruction regarding a topic selected by the member from the following subjects:
(i) Preparation for employment.
(ii) Preparation for education.
(iii) Preparation for vocational training.
(iv) Preparation for entrepreneurship.
(v) Other options determined by the Secretary concerned.
(2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—
(A) before the time periods established under section 1142(a)(3) of this title;
(B) in addition to such training and instruction required during such time periods.
References in Text
Section 408 of Public Law 101–237, referred to in subsec. (b)(2), is set out as a note under section 4100 of Title 38, Veterans' Benefits.
The National Apprenticeship Act, referred to in subsec. (e), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.
Amendments
2018—Subsec. (a)(1). Pub. L. 115–232, §552(b)(1)(A), substituted "Subject to subsection (f)(2), such services" for "Such services".
Subsec. (b)(8) to (11). Pub. L. 115–232, §553(b)(1), redesignated pars. (9) to (11) as (8) to (10), respectively, and struck out former par. (8) which read as follows: "Provide information regarding the public and community service jobs program carried out under section 1143a of this title."
Subsec. (f). Pub. L. 115–232, §552(b)(1)(B), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to additional training opportunities.
2016—Subsec. (b)(10). Pub. L. 114–328, §563, added par. (10).
Subsec. (b)(11). Pub. L. 114–328, §564(a), added par. (11).
2015—Subsec. (f). Pub. L. 114–92 added subsec. (f).
2013—Subsec. (b)(9). Pub. L. 113–66 added par. (9).
2011—Subsec. (c). Pub. L. 112–56, §221(a), amended subsec. (c) generally. Prior to amendment, text read as follows: "The Secretary of Defense and the Secretary of Homeland Security shall encourage and otherwise promote maximum participation by members of the armed forces eligible for assistance under the program carried out under this section."
Subsec. (d)(5). Pub. L. 112–56, §224(1), substituted "public entities;" for "public or private entities; and".
Subsec. (d)(6), (7). Pub. L. 112–56, §224(2), (3), added par. (6) and redesignated former par. (6) as (7).
Subsec. (e). Pub. L. 112–56, §225, added subsec. (e).
2002—Subsecs. (a)(1), (2), (b)(4), (c), (d)(2). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
2001—Subsec. (a)(1). Pub. L. 107–103, in second sentence, substituted "within the time periods provided under paragraph (3) of section 1142(a) of this title, except that the Secretary concerned shall not provide preseparation counseling to a member described in paragraph (4)(A) of such section" for "during the 180-day period before the member is separated from active duty".
Subsec. (a)(3). Pub. L. 107–107, §1048(e)(1)(A), struck out at end "The agreement shall be entered into no later than 60 days after the date of the enactment of this section."
Subsec. (e). Pub. L. 107–107, §1048(e)(1)(B), struck out heading and text of subsec. (e). Text read as follows:
"(1) There is authorized to be appropriated to the Department of Labor to carry out this section $11,000,000 for fiscal year 1993 and $8,000,000 for each of fiscal years 1994 and 1995.
"(2) There is authorized to be appropriated to the Department of Veterans Affairs to carry out this section $6,500,000 for each of fiscal years 1993, 1994, and 1995."
1994—Subsec. (a)(1). Pub. L. 103–337, §543(b)(1), inserted ", the Secretary of Transportation," after "Secretary of Defense" and substituted "concerned" for "of a military department".
Subsec. (a)(2). Pub. L. 103–337, §543(b)(2), inserted ", the Secretary of Transportation," after "Secretary of Defense".
Subsec. (b)(4). Pub. L. 103–337, §543(b)(3), substituted "Department of Defense and the Department of Transportation are" for "Department of Defense is".
Subsec. (c). Pub. L. 103–337, §543(b)(4), inserted "and the Secretary of Transportation" after "Secretary of Defense".
Subsec. (d)(2). Pub. L. 103–337, §543(b)(5), inserted "and the Department of Transportation" after "Department of Defense".
1992—Subsec. (b)(8). Pub. L. 102–484, §4462(c), added par. (8).
Subsec. (e)(1). Pub. L. 102–484, §4469(1), substituted "$11,000,000 for fiscal year 1993 and $8,000,000 for each of fiscal years 1994 and 1995" for "$4,000,000 for fiscal year 1991 and $9,000,000 for each of fiscal years 1992 and 1993".
Subsec. (e)(2). Pub. L. 102–484, §4469(2), substituted "$6,500,000 for each of fiscal years 1993, 1994, and 1995" for "$1,000,000 for fiscal year 1991 and $4,000,000 for each of fiscal years 1992 and 1993".
1991—Subsec. (b)(1). Pub. L. 102–190, §1061(a)(6)(A), substituted "resumé" for "resume" in cl. (C).
Subsec. (b)(3). Pub. L. 102–190, §1061(a)(6)(B), substituted "veterans' service organizations" for "veterans service organization" and "armed forces" for "Armed Forces".
Subsec. (b)(6). Pub. L. 102–190, §1061(a)(6)(C), substituted "those areas" for "such area".
Effective Date of 2011 Amendment
Amendment by section 221(a) of Pub. L. 112–56 effective on the date that is 1 year after Nov. 21, 2011, see section 221(c) of Pub. L. 112–56, set out as a note under section 1142 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Command Matters in Connection With Transition Assistance Programs
Pub. L. 116–92, div. A, title V, §568, Dec. 20, 2019, 133 Stat. 1397, provided that: "The training provided a commander of a military installation in connection with the commencement of assignment to the installation shall include a module on the covered transition assistance programs available for members of the Armed Forces assigned to the installation."
Pilot Program Regarding Online Application for the Transition Assistance Program
Pub. L. 116–92, div. A, title V, §570G, Dec. 20, 2019, 133 Stat. 1402, provided that:
"(a)
"(b)
"(c)
"(1) widely available as a mobile application; and
"(2) easily accessible by veterans, members of the Armed Forces, and employers.
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(1) The term 'mobile application' means a software program that runs on the operating system of a mobile device.
"(2) The term 'mobile device' means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection."
Deadline for Transition Assistance Program
Pub. L. 115–232, div. A, title V, §552(b)(2), Aug. 13, 2018, 132 Stat. 1771, provided that: "The Transition Assistance Program shall comply with the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act [Aug. 13, 2018]."
Deadline for Implementation
Pub. L. 114–328, div. A, title V, §564(b), Dec. 23, 2016, 130 Stat. 2138, provided that: "The program carried out under section 1144 of title 10, United States Code, shall satisfy the requirements of subsection (b)(11) of such section (as added by subsection (a) of this section) by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016]."
Enhancement of Information Provided to Members of the Armed Forces and Veterans Regarding Use of Post-9/11 Educational Assistance and Federal Financial Aid Through Transition Assistance Program
Pub. L. 113–291, div. A, title V, §557, Dec. 19, 2014, 128 Stat. 3381, provided that:
"(a)
"(1)
"(2)
"(A) Information provided by the Secretary of Education that is publically available and addresses—
"(i) to the extent practicable, differences between types of institutions of higher learning in such matters as tuition and fees, admission requirements, accreditation, transferability of credits, credit for qualifying military training, time required to complete a degree, and retention and job placement rates; and
"(ii) how Federal educational assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) may be used in conjunction with educational assistance provided under chapters 30 and 33 of title 38, United States Code.
"(B) Information about the Postsecondary Education Complaint System of the Department of Defense, the Department of Veterans Affairs, the Department of Education, and the Consumer Financial Protection Bureau.
"(C) Information about the GI Bill Comparison Tool of the Department of Veterans Affairs.
"(D) Information about each of the Principles of Excellence established by the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Education pursuant to Executive Order 13607 of April 27, 2012 (77 Fed. Reg. 25861), including how to recognize whether an institution of higher learning may be violating any of such principles.
"(E) Information to enable individuals described in paragraph (1) to develop a post-secondary education plan appropriate and compatible with their educational goals.
"(F) Such other information as the Secretary of Education considers appropriate.
"(3)
"(b)
"(c)
"(1) The term 'institution of higher learning' has the meaning given such term in section 3452 of title 38, United States Code.
"(2) The term 'types of institutions of higher learning' means the following:
"(A) An educational institution described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
"(B) An educational institution described in subsection (b) or (c) of section 102 of such Act (20 U.S.C. 1002)."
Procedures for Provision of Certain Information to State Veterans Agencies To Facilitate the Transition of Members of the Armed Forces From Military Service to Civilian Life
Pub. L. 113–291, div. A, title V, §558, Dec. 19, 2014, 128 Stat. 3382, provided that:
"(a)
"(b)
"(1) Military service and separation data.
"(2) A personal email address.
"(3) A personal telephone number.
"(4) A mailing address.
"(c)
"(d)
"(e)
"(1)
"(A) in developing the procedures required by subsection (a); and
"(B) in sharing information with State veterans agencies as described in such subsection.
"(2)
"(A) A description of the procedures developed to share information with State veterans agencies.
"(B) A description of the sharing activities carried out by the Secretary in accordance with such procedures.
"(C) The number of members of the Armed Force who gave their consent for the sharing of information with State veterans agencies.
"(D) Such recommendations as the Secretary may have for legislative or administrative action to improve the sharing of information as described in subsection (a)."
Deadline for Implementation
Pub. L. 113–66, div. A, title V, §521(b), Dec. 26, 2013, 127 Stat. 755, provided that: "The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsection (b)(9) of such section, as added by subsection (a), by not later than April 1, 2015."
Off-Base Transition Training for Veterans and Their Spouses
Pub. L. 112–260, title III, §301, Jan. 10, 2013, 126 Stat. 2424, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
"(d)
"(e)
"(f)
Individualized Assessment for Members of the Armed Forces Under Transition Assistance on Equivalence Between Skills Developed in Military Occupational Specialties and Qualifications Required for Civilian Employment With the Private Sector
Pub. L. 112–56, title II, §222, Nov. 21, 2011, 125 Stat. 716, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) the Committee on Veterans' Affairs, the Committee on Armed Services, and the Committee on Health, Education, Labor, and Pension of the Senate; and
"(B) the Committee on Veterans' Affairs, the Committee on Armed Services, and the Committee on Education and the Workforce of the House of Representatives.
"(b)
"(1) made publicly available on an Internet website; and
"(2) regularly updated to reflect the most recent findings of the secretaries with respect to such equivalences.
"(c)
"(d)
"(1)
"(2)
"(e)
Implementation Reports
Pub. L. 101–510, div. A, title V, §502(c), Nov. 5, 1990, 104 Stat. 1557, directed the Secretary of Labor to submit to Congress a report, not later than 90 days after Nov. 5, 1990, setting forth the agreement entered into to carry out this section, and a report, not later than one year after Nov. 5, 1990, containing an evaluation of the program carried out under this section.