Editorial Notes
References in TextSection 408 of Public Law 101–237, referred to in subsec. (span)(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.
Amendments2022—Subsec. (span)(1)(B). Puspan. L. 117–328 inserted “(including apprenticeship programs approved under chapters 30 through 36 of title 38)” after “employment opportunities”.
2018—Subsec. (a)(1). Puspan. L. 115–232, § 552(span)(1)(A), substituted “Subject to subsection (f)(2), such services” for “Such services”.
Subsec. (span)(8) to (11). Puspan. L. 115–232, § 553(span)(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). Puspan. L. 115–232, § 552(span)(1)(B), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to additional training opportunities.
2016—Subsec. (span)(10). Puspan. L. 114–328, § 563, added par. (10).
Subsec. (span)(11). Puspan. L. 114–328, § 564(a), added par. (11).
2015—Subsec. (f). Puspan. L. 114–92 added subsec. (f).
2013—Subsec. (span)(9). Puspan. L. 113–66 added par. (9).
2011—Subsec. (c). Puspan. 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). Puspan. L. 112–56, § 224(1), substituted “public entities;” for “public or private entities; and”.
Subsec. (d)(6), (7). Puspan. L. 112–56, § 224(2), (3), added par. (6) and redesignated former par. (6) as (7).
Subsec. (e). Puspan. L. 112–56, § 225, added subsec. (e).
2002—Subsecs. (a)(1), (2), (span)(4), (c), (d)(2). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2001—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. L. 107–107, § 1048(e)(1)(B), struck out span 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). Puspan. L. 103–337, § 543(span)(1), inserted “, the Secretary of Transportation,” after “Secretary of Defense” and substituted “concerned” for “of a military department”.
Subsec. (a)(2). Puspan. L. 103–337, § 543(span)(2), inserted “, the Secretary of Transportation,” after “Secretary of Defense”.
Subsec. (span)(4). Puspan. L. 103–337, § 543(span)(3), substituted “Department of Defense and the Department of Transportation are” for “Department of Defense is”.
Subsec. (c). Puspan. L. 103–337, § 543(span)(4), inserted “and the Secretary of Transportation” after “Secretary of Defense”.
Subsec. (d)(2). Puspan. L. 103–337, § 543(span)(5), inserted “and the Department of Transportation” after “Department of Defense”.
1992—Subsec. (span)(8). Puspan. L. 102–484, § 4462(c), added par. (8).
Subsec. (e)(1). Puspan. 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). Puspan. 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. (span)(1). Puspan. L. 102–190, § 1061(a)(6)(A), substituted “resumé” for “resume” in cl. (C).
Subsec. (span)(3). Puspan. L. 102–190, § 1061(a)(6)(B), substituted “veterans’ service organizations” for “veterans service organization” and “armed forces” for “Armed Forces”.
Subsec. (span)(6). Puspan. L. 102–190, § 1061(a)(6)(C), substituted “those areas” for “such area”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by section 221(a) of Puspan. L. 112–56 effective on the date that is 1 year after Nov. 21, 2011, see section 221(c) of Puspan. L. 112–56, set out as a note under section 1142 of this title.
Effective Date of 2002 AmendmentAmendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.
Command Matters in Connection With Transition Assistance ProgramsPuspan. 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 ProgramPuspan. L. 116–92, div. A, title V, § 570G, Dec. 20, 2019, 133 Stat. 1402, provided that:“(a)Establishment.—The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor may jointly carry out a pilot program that creates a one-stop source for online applications for the purposes of assisting members of the Armed Forces and Veterans participating in the Transition Assistance Program (in this section referred to as ‘TAP’).
“(span)Data Sources.—If the Secretaries carry out the pilot program, any online application developed under such program shall, in part, aggregate existing data from government resources and the private sector under one uniform resource locator for the purpose of assisting members of the Armed Forces and veterans participating in TAP.
“(c)Availability; Accessibility.—Any online application developed under a pilot program shall, to the extent feasible be—“(1) widely available as a mobile application; and
“(2) easily accessible by veterans, members of the Armed Forces, and employers.
“(d)Assessments.—“(1)Interim assessments.—Not later than the dates that are one and two years after the date of the commencement of any pilot program under this section, the Secretaries shall jointly assess the pilot program.
“(2)Final assessment.—Not later than the date that is three years after the date of the commencement of any pilot program under this section, the Secretaries shall jointly carry out a final assessment of the pilot program.
“(3)Purpose.—The general objective of each assessment under this subsection shall be to determine if the online application under the pilot program helps participants in TAP to accomplish the goals of TAP, accounting for the individual profiles of participants, including military experience and geographic location.
“(e)Briefing.—If the Secretaries carry out the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on findings regarding the pilot program, including any recommendations for legislation.
“(f)Definitions.—In this section:“(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 ProgramPuspan. L. 115–232, div. A, title V, § 552(span)(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 ImplementationPuspan. L. 114–328, div. A, title V, § 564(span), 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 (span)(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 ProgramPuspan. L. 113–291, div. A, title V, § 557, Dec. 19, 2014, 128 Stat. 3381, provided that:“(a)Additional Information Required.—“(1)In general.—Not later than one year after the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense shall enhance the higher education component of the Transition Assistance Program (TAP) of the Department of Defense by providing additional information that is more complete and accurate than the information provided as of the day before the date of the enactment of this Act to individuals who apply for educational assistance under chapter 30 or 33 of title 38, United States Code, to pursue a program of education at an institution of higher learning.
“(2)Elements.—The additional information required by paragraph (1) shall include the following:“(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 jospan 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)Consultation.—In carrying out this subsection, the Secretary of Defense shall consult with the Secretary of Veterans Affairs, the Secretary of Education, and the Director of the Consumer Financial Protection Bureau.
“(span)Availability of Higher Education Component Online.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the higher education component of the Transition Assistance Program is available to members of the Armed Forces on an Internet website of the Department of Defense so that members have an option to complete such component electronically and remotely.
“(c)Definitions.—In this section:“(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 (span) 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 LifePuspan. L. 113–291, div. A, title V, § 558, Dec. 19, 2014, 128 Stat. 3382, provided that:“(a)Procedures Required.—The Secretary of Defense shall develop procedures to share the information described in subsection (span) regarding members of the Armed Forces who are being separated from the Armed Forces with State veterans agencies in electronic data format as a means of facilitating the transition of such members from military service to civilian life.
“(span)Covered Information.—The information to be shared with State veterans agencies regarding a member shall include the following:“(1) Military service and separation data.
“(2) A personal email address.
“(3) A personal telephone number.
“(4) A mailing address.
“(c)Consent.—The procedures developed pursuant to subsection (a) shall require the consent of a member of the Armed Forces before any information described in subsection (span) regarding the member is shared with a State veterans agency.
“(d)Use of Information.—The Secretary of Defense shall ensure that the information shared with State veterans agencies in accordance with the procedures developed pursuant to subsection (a) is only shared by such agencies with county government veterans service offices for such purposes as the Secretary shall specify for the administration and delivery of benefits.
“(e)Report.—“(1)In general.—Not later than one year after the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense shall submit to the Committees on Armed Services and Veterans’ Affairs of the Senate and the House of Representatives a report on the progress made by the Secretary—“(A) in developing the procedures required by subsection (a); and
“(B) in sharing information with State veterans agencies as described in such subsection.
“(2)Contents.—The report required by paragraph (1) shall include the following:“(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 ImplementationPuspan. L. 113–66, div. A, title V, § 521(span), 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 (span)(9) of such section, as added by subsection (a), by not later than April 1, 2015.”
Off-Base Transition Training for Veterans and Their SpousesPuspan. L. 112–260, title III, § 301, Jan. 10, 2013, 126 Stat. 2424, as amended by Puspan. L. 116–315, title IV, § 4303, Jan. 5, 2021, 134 Stat. 5017, provided that:“(a)Provision of Off-base Transition Training.—During the five-year period beginning on the date of the enactment of the Navy SEAL Bill Mulder Act of 2020 [Jan. 5, 2021], the Secretary of Labor shall provide the Transition Assistance Program under section 1144 of title 10, United States Code, to eligible individuals at locations other than military installations.
“(span)Eligible Individuals.—For purposes of this section, an eligible individual is a veteran or the spouse of a veteran.
“(c)Locations.—“(1)Number of locations.—The Secretary shall carry out the training under subsection (a) in not fewer than 50 locations in States (as defined in section 101 of title 38, United States Code) selected by the Secretary for purposes of this section.
“(2)Selection of states with high unemployment.—Of the States selected by the Secretary under paragraph (1), at least 20 shall be States with high rates of unemployment among veterans.
“(3)Number of locations in each state.—The Secretary shall provide training under subsection (a) to eligible individuals at a sufficient number of locations within each State selected under this subsection to meet the needs of eligible individuals in such State.
“(4)Selection of locations.—The Secretary shall select locations for the provision of training under subsection (a) to facilitate access by participants and may not select any location on a military installation other than a National Guard or reserve facility that is not located on an active duty military installation.
“(5)Preferences.—In selecting States for participation in the pilot program, the Secretary shall provide a preference for any State with—“(A) a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or
“(B) a labor force or economy that has been significantly impacted by a covered public health emergency.
“(6)Covered public health emergency defined.—In this subsection, the term ‘covered public health emergency’ means—“(A) the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to Coronavirus Disease 2019 (COVID–19); or “(B) a domestic emergency declared, based on an outbreak of Coronavirus Disease 2019 (COVID–19), by the President, the Secretary of Homeland Security, or a State or local authority.
“(d)Inclusion of Information About Veterans Benefits.—The Secretary shall ensure that the training provided under subsection (a) generally follows the span of the Transition Assistance Program under section 1144 of title 10, United States Code.
“(e)Annual Report.—Not later than March 1 of any year during which the Secretary provides training under subsection (a), the Secretary shall submit to Congress a report on the provision of such training. Each such report shall include information about the employment outcomes of the eligible individuals who received such training during the year covered by the report.”
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 SectorPuspan. L. 112–56, title II, § 222, Nov. 21, 2011, 125 Stat. 716, provided that:“(a)Study on Equivalence Required.—“(1)In general.—The Secretary of Labor shall, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, enter into a contract with a qualified organization to conduct a study to identify any equivalences between the skills developed by members of the Armed Forces through various military occupational specialties (MOS), successful completion of resident training courses, attaining various military ranks or rates, or other military experiences and the qualifications required for various positions of civilian employment in the private sector.
“(2)Cooperation of federal agencies.—The departments and agencies of the Federal Government, including the Office of Personnel Management, the General Services Administration, the Government Accountability Office, the Department of Education, and other appropriate departments and agencies, shall cooperate with the contractor under paragraph (1) to conduct the study required under that paragraph.
“(3)Report.—Upon completion of the study conducted under paragraph (1), the contractor under that paragraph shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor a report setting forth the results of the study. The report shall include such information as the Secretaries shall specify in the contract under paragraph (1) for purposes of this section.
“(4)Transmittal to congress.—The Secretary of Labor shall transmit to the appropriate committees of Congress the report submitted under paragraph (3), together with such comments on the report as the Secretary considers appropriate.
“(5)Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—“(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.
“(span)Publication.—The secretaries described in subsection (a)(1) shall ensure that the equivalences identified under subsection (a)(1) are—“(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)Individualized Assessment of Civilian Positions Available Through Military Experiences.—The Secretary of Defense shall ensure that each member of the Armed Forces who is participating in the Transition Assistance Program (TAP) of the Department of Defense receives, as part of such member’s participation in that program, an individualized assessment of the various positions of civilian employment in the private sector for which such member may be qualified as a result of the skills developed by such member through various military occupational specialties (MOS), successful completion of resident training courses, attaining various military ranks or rates, or other military experiences. The assessment shall be performed using the results of the study conducted under subsection (a) and such other information as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs and the Secretary of Labor, considers appropriate for that purpose.
“(d)Further Use in Employment-related Transition Assistance.—“(1)Transmittal of assessment.—The Secretary of Defense shall make the individualized assessment provided a member under subsection (a) available electronically to the Secretary of Veterans Affairs and the Secretary of Labor.
“(2)Use in assistance.—The Secretary of Veterans Affairs and the Secretary of Labor may use an individualized assessment with respect to an individual under paragraph (1) for employment-related assistance in the transition from military service to civilian life provided the individual by such Secretary and to otherwise facilitate and enhance the transition of the individual from military service to civilian life.
“(e)Effective Date.—This section shall take effect on the date that is one year after the date of the enactment of this Act [Nov. 21, 2011].”
Implementation ReportsPuspan. 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.
