10 Usc 1144

[§ 1143a

TITLE 10—ARMED FORCES

concerns and shall, on a regular basis, update such list.
Such list shall be used to identify and promote possible
training and employment opportunities for eligible persons.
‘‘(e) ASSISTANCE TO PARTICIPATE.—The Secretary, the
Secretary of Veterans Affairs, and the Secretary of
Labor shall assist eligible persons and employers desiring to participate under this subtitle in making application and completing necessary certifications.
‘‘(f) COLLECTION OF CERTAIN INFORMATION.—The Secretary of Labor shall, on a not less frequent than quarterly basis, collect and compile from the heads of State
employment services and Directors for Veterans’ Employment and Training for each State information
available to such heads and Directors, and derived from
programs carried out in their respective States, with
respect to the numbers of eligible persons who receive
counseling services pursuant to section 4493, who are
referred to employers participating under this subtitle,
who participate in programs of job training under this
subtitle (including a description of the nature of the
training and salaries that are part of such programs),
and who complete such programs, and the reasons for
eligible persons’ noncompletion.
‘‘SEC. 4495. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—(1) Of the amounts authorized to be
appropriated in section 301 [106 Stat. 2360] for Defense
Agencies, $75,000,000 shall be made available for the
purpose of making payments to employers under this
subtitle. Of the amounts made available pursuant to
section 1302(a) of the National Defense Authorization
Act for Fiscal Year 1994 [Pub. L. 103–160, 107 Stat. 1783],
$25,000,000 shall be made available for the purpose of
making payments to employers under this subtitle. The
Secretary of Veterans Affairs and the Secretary of
Labor shall submit an estimate to the Secretary of the
amount needed to carry out any agreement entered
into under section 4484(a), including administrative
costs referred to in paragraph (3). Such agreements
shall include administrative procedures to ensure the
prompt and timely payments to employers by the implementing official.
‘‘(2) Amounts made available pursuant to this section
for a fiscal year shall remain available until the end of
the second fiscal year following the fiscal year in which
such amounts were appropriated.
‘‘(3) Of the amounts made available pursuant to this
section for a fiscal year, six percent of such amounts
may be used for the purpose of administering this subtitle, including reimbursing expenses incurred.
‘‘(b) AVAILABILITY OF DEOBLIGATED FUNDS.—Notwithstanding any other provision of law, any funds made
available pursuant to this section for a fiscal year
which are obligated for the purpose of making payments under section 4487 on behalf of an eligible person
(including funds so obligated which previously had been
obligated for such purpose on behalf of another eligible
person and were thereafter deobligated) and are later
deobligated shall immediately upon deobligation become available to the implementing official for obligation for such purpose. The further obligation of such
funds by such official for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch.
‘‘SEC. 4496. TIME PERIODS FOR APPLICATION AND
INITIATION OF TRAINING.
‘‘Assistance may not be paid to an employer under
this subtitle—
‘‘(1) on behalf of an eligible person who initially applies for a program of job training under this subtitle
after September 30, 1996; or
‘‘(2) for any such program which begins after March
31, 1997.
‘‘SEC. 4497. TREATMENT OF CERTAIN PROVISIONS
OF LAW UPON TRANSFER OF AMOUNTS PROVIDED UNDER THIS ACT.
‘‘(a) CONTINGENT AMENDMENT.—If a transfer is made
in accordance with section 4501(c) of the full amount of

Page 984

the amount provided under section 4495(a) for the program established under section 4484(a), then, effective
as of the date of the enactment of this Act [Oct. 23,
1992], the first sentence of section 4484(a) is amended by
striking ‘the Secretary shall carry out’ and inserting
‘the Secretary may carry out’.
‘‘(b) PUBLICATION IN THE FEDERAL REGISTER.—If the
transfer described in subsection (a) is made, then the
Secretary of Defense shall promptly publish in the Federal Register a notice of such transfer. Such notice
shall specify the date on which such transfer occurred.’’
[Pub. L. 103–446, title VI, § 610(a)(2)(B), Nov. 2, 1994, 108
Stat. 4673, provided that: ‘‘The amendment made by
subparagraph (A) [amending section 4486(d)(2) of Pub.
L. 102–484, set out above] shall apply with respect to
programs of training under the Service Members Occupational Conversion and Training Act of 1992 [subtitle
G of title XLIV of Pub. L. 102–484, set out above] beginning after the date of the enactment of this Act [Nov.
2, 1994].’’]
[For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]

[§ 1143a. Repealed. Pub. L. 115–232, div. A, title V,
§ 553(a)(1), Aug. 13, 2018, 132 Stat. 1772]
Section, added Pub. L. 102–484, div. D, title XLIV,
§ 4462(a)(1), Oct. 23, 1992, 106 Stat. 2738; amended Pub. L.
103–337, div. A, title V, § 542(a)(3), Oct. 5, 1994, 108 Stat.
2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002,
116 Stat. 2314; Pub. L. 112–239, div. A, title X,
§ 1076(f)(14), Jan. 2, 2013, 126 Stat. 1952, related to encouraging members and former members of the armed
forces to enter into public and community service jobs
after discharge or release from active duty.
INCREASED EARLY RETIREMENT RETIRED PAY FOR
PUBLIC OR COMMUNITY SERVICE
Pub. L. 102–484, div. D, title XLIV, § 4464, Oct. 23, 1992,
106 Stat. 2741, which related to increased early retirement retired pay for public or community service, was
repealed by Pub. L. 115–232, div. A, title V, § 553(c), Aug.
13, 2018, 132 Stat. 1772, applicable with respect to an individual who retires from the Armed Forces on or after
Aug. 13, 2018.

§ 1144. Employment assistance, job training assistance, and other transitional services: Department of Labor
(a) IN GENERAL.—(1) The Secretary of Labor,
in conjunction with the Secretary of Defense,
the Secretary of Homeland Security, and the
Secretary of Veterans Affairs, shall establish
and maintain a program to furnish counseling,
assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the armed
forces under the jurisdiction of the Secretary
concerned who are being separated from active
duty and the spouses of such members. Subject
to subsection (f)(2), such services shall be provided to a member 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.
(2) The Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veter-

Page 985

TITLE 10—ARMED FORCES

ans 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) ELEMENTS OF PROGRAM.—In establishing
and carrying out a program under this section,
the Secretary of Labor shall do the following:
(1) Provide information concerning employment and training assistance, including (A)
labor market information, (B) civilian work
place requirements and employment opportunities, (C) instruction in resume´ 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) PARTICIPATION.—(1) Except as provided in
paragraph (2), the Secretary of Defense and the

§ 1144

Secretary of Homeland Security shall require
the participation in the program carried out
under this section of the members eligible for
assistance under the program.
(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) USE OF PERSONNEL AND ORGANIZATIONS.—In
carrying out the program established under this
section, the Secretaries may—
(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.
IN APPRENTICESHIP PROthe program carried out
under this section, the Secretary of Defense and
the Secretary of Homeland Security may permit
a member of the armed forces eligible for assistance under the program to participate in an apprenticeship program registered under the Act

(e) PARTICIPATION
GRAMS.—As part of

TITLE 10—ARMED FORCES

§ 1144

of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.), or a pre-apprenticeship
program that provides credit toward a program
registered under such Act, that provides members of the armed forces with the education,
training, and services necessary to transition to
meaningful employment that leads to economic
self-sufficiency.
(f) PROGRAM CONTENTS.—(1) The program carried out under this section shall consist of instruction as follows:
(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.
(Added Pub. L. 101–510, div. A, title V, § 502(a)(1),
Nov. 5, 1990, 104 Stat. 1553; amended Pub. L.
102–190, div. A, title X, § 1061(a)(6), Dec. 5, 1991,
105 Stat. 1472; Pub. L. 102–484, div. D, title XLIV,
§§ 4462(c), 4469, Oct. 23, 1992, 106 Stat. 2740, 2752;
Pub. L. 103–337, div. A, title V, § 543(b), Oct. 5,
1994, 108 Stat. 2769; Pub. L. 107–103, title III,
§ 302(b), Dec. 27, 2001, 115 Stat. 992; Pub. L.
107–107, div. A, title X, § 1048(e)(1), Dec. 28, 2001,
115 Stat. 1227; Pub. L. 107–296, title XVII,
§ 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L.
112–56, title II, §§ 221(a), 224, 225, Nov. 21, 2011, 125
Stat. 715, 718; Pub. L. 113–66, div. A, title V,
§ 521(a), Dec. 26, 2013, 127 Stat. 755; Pub. L. 114–92,
div. A, title V, § 553, Nov. 25, 2015, 129 Stat. 823;
Pub. L. 114–328, div. A, title V, §§ 563, 564(a), Dec.
23, 2016, 130 Stat. 2138; Pub. L. 115–232, div. A,
title V, §§ 552(b)(1), 553(b)(1), Aug. 13, 2018, 132
Stat. 1770, 1772.)
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.

Page 986
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 180day 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’’.

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TITLE 10—ARMED FORCES

1991—Subsec. (b)(1). Pub. L. 102–190, § 1061(a)(6)(A),
substituted ‘‘resume´’’ 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.
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) 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
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 De-

§ 1144

partment 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.
‘‘(b) 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 (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) PROCEDURES REQUIRED.—The Secretary of Defense shall develop procedures to share the information
described in subsection (b) 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.
‘‘(b) 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 (b) 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 Sen-

§ 1144

TITLE 10—ARMED FORCES

ate 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 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) PROVISION OF OFF-BASE TRANSITION TRAINING.—
During the two-year period beginning on the date of
the enactment of this Act [Jan. 10, 2013], 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 to assess the feasibility and advisability
of providing such program to eligible individuals at locations other than military installations.
‘‘(b) ELIGIBLE INDIVIDUALS.—For purposes of this section, an eligible individual is a veteran or the spouse of
a veteran.
‘‘(c) LOCATIONS.—
‘‘(1) NUMBER OF STATES.—The Secretary shall carry
out the training under subsection (a) in not less than
three and not more than five States 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 two 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.
‘‘(d) INCLUSION OF INFORMATION ABOUT VETERANS BENEFITS.—The Secretary shall ensure that the training
provided under subsection (a) generally follows the content 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.
‘‘(f) COMPTROLLER GENERAL REPORT.—Not later than
180 days after the termination of the one-year period
described in subsection (a), the Comptroller General of

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the United States shall submit to Congress a report on
the training provided under such subsection. The report
shall include the evaluation of the Comptroller General
regarding the feasibility and advisability of carrying
out off-base transition training at locations nationwide.’’
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) 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.
‘‘(b) 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

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TITLE 10—ARMED FORCES

(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 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.

§ 1145. Health benefits
(a) TRANSITIONAL HEALTH CARE.—(1) For the
time period described in paragraph (4), a member of the armed forces who is separated from
active duty as described in paragraph (2) (and
the dependents of the member) shall be entitled
to receive—
(A) except as provided in paragraph (3), medical and dental care under section 1076 of this
title in the same manner as a dependent described in subsection (a)(2) of such section; and
(B) health benefits contracted under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply
to persons covered under that section.
(2) This subsection applies to the following
members of the armed forces:
(A) A member who is involuntarily separated from active duty.
(B) A member of a reserve component who is
separated from active duty to which called or
ordered under section 12304b of this title or a
provision of law referred to in section
101(a)(13)(B) of this title if the active duty is
active duty for a period of more than 30 days.
(C) A member who is separated from active
duty for which the member is involuntarily retained under section 12305 of this title in support of a contingency operation.
(D) A member who is separated from active
duty served pursuant to a voluntary agreement of the member to remain on active duty
for a period of less than one year in support of
a contingency operation.
(E) A member who receives a sole survivorship discharge (as defined in section 1174(i) of
this title).
(F) A member who is separated from active
duty who agrees to become a member of the

§ 1145

Selected Reserve of the Ready Reserve of a reserve component.
(3) In the case of a member described in paragraph (2)(B), the dental care to which the member is entitled under this subsection shall be the
dental care to which a member of the uniformed
services on active duty for more than 30 days is
entitled under section 1074 of this title.
(4) Except as provided in paragraph (7), transitional health care for a member under subsection (a) shall be available for 180 days beginning on the date on which the member is separated from active duty. For purposes of the preceding sentence, in the case of a member on active duty as described in subparagraph (B), (C),
or (D) of paragraph (2) who, without a break in
service, is extended on active duty for any reason, the 180-day period shall begin on the date
on which the member is separated from such extended active duty.
(5)(A) The Secretary concerned shall require a
member of the armed forces scheduled to be separated from active duty as described in paragraph (2) to undergo a physical examination and
a mental health assessment conducted pursuant
to section 1074n of this title immediately before
that separation. The physical examination shall
be conducted in accordance with regulations
prescribed by the Secretary of Defense.
(B) Notwithstanding subparagraph (A), if a
member of the armed forces scheduled to be separated from active duty as described in paragraph (2) has otherwise undergone a physical examination within 12 months before the scheduled date of separation from active duty, the requirement for a physical examination under subparagraph (A) may be waived in accordance with
regulations prescribed under this paragraph.
Such regulations shall require that such a waiver may be granted only with the consent of the
member and with the concurrence of the member’s unit commander.
(6)(A) The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, ensure that appropriate actions are taken
to assist a member of the armed forces who, as
a result of a medical examination under paragraph (5), receives an indication for a referral
for follow up treatment from the health care
provider who performs the examination.
(B) Assistance provided to a member under
paragraph (1) shall include the following:
(i) Information regarding, and any appropriate referral for, the care, treatment, and
other services that the Secretary of Veterans
Affairs may provide to such member under
any other provision of law, including—
(I) clinical services, including counseling
and treatment for post-traumatic stress disorder and other mental health conditions;
and
(II) any other care, treatment, and services.
(ii) Information on the private sector
sources of treatment that are available to the
member in the member’s community.
(iii) Assistance to enroll in the health care
system of the Department of Veterans Affairs
for health care benefits for which the member
is eligible under laws administered by the Secretary of Veterans Affairs.