38 U.S.C. § 4113 — Transition Assistance Program personnel

Page 980 TITLE 38—VETERANS’ BENEFITS § 4113 Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsecs. (a)(2) and (d)(3), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effec- tive July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classi- fication of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. PRIOR PROVISIONS A prior section 4112, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89–785, title I, § 109(a), Nov. 7, 1966, 80 Stat. 1370; Pub. L. 93–82, title II, § 205(b), Aug. 2, 1973, 87 Stat. 192; Pub. L. 94–581, title I, § 110(8), title II, §§ 209(b)(3), 210(c)(6), Oct. 21, 1976, 90 Stat. 2849, 2861, 2864; Pub. L. 96–151, title III, § 305, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 96–330, title I, § 115, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 98–223, title II, § 209, Mar. 2, 1984, 98 Stat. 44; Pub. L. 100–322, title II, § 224, May 20, 1988, 102 Stat. 532, related to special medical advisory group and other ad- visory bodies, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7312 and 7313 of this title. AMENDMENTS 2006—Subsec. (a)(1)(B). Pub. L. 109–461, § 603(a)(1), in- serted ‘‘and employment service offices’’ after ‘‘recog- nize eligible employees’’. Subsec. (c). Pub. L. 109–461, § 603(b), substituted ‘‘Ad- ministration and Use of Awards’’ for ‘‘Relationship of Award to Grant Program and Employee Compensation’’ as heading. Subsec. (c)(2). Pub. L. 109–461, § 603(a)(2)(B)(i), sub- stituted ‘‘in the case of such an award made to an eligi- ble employee, shall be’’ for ‘‘is’’. Subsec. (c)(3). Pub. L. 109–461, § 603(a)(2)(A), (B)(ii), (C), added par. (3). § 4113. Transition Assistance Program personnel (a) REQUIREMENT TO CONTRACT.—In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate pri- vate entity or entities to provide the functions described in subsection (b) at all locations where the program described in such section is carried out. (b) FUNCTIONS.—Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and the spouses of such members) the services described in section 1144(a)(1) of title 10, includ- ing the following: (1) Counseling. (2) Assistance in identifying employment and training opportunities and help in obtain- ing such employment and training. (3) Assessment of academic preparation for enrollment in an institution of higher learning or occupational training. (4) Other related information and services under such section. (5) Such other services as the Secretary con- siders appropriate. (Added Pub. L. 108–183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663; amended Pub. L. 109–233, title IV, § 402(e)(2), June 15, 2006, 120 Stat. 411; Pub. L. 112–56, title II, § 223(a)(1), Nov. 21, 2011, 125 Stat. 717.) Editorial Notes PRIOR PROVISIONS A prior section 4113, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89–785, title I, § 110, Nov. 7, 1966, 80 Stat. 1371; Pub. L. 94–581, title I, § 110(9), title II, § 209(a)(5), (c)(5), Oct. 21, 1976, 90 Stat. 2849, 2860, 2862, re- lated to travel expenses of employees prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7424 of this title. AMENDMENTS 2011—Pub. L. 112–56 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel. 2006—Subsec. (a)(2). Pub. L. 109–233 substituted ‘‘sec- tion 6304(a)’’ for ‘‘section 7723(a)’’. Statutory Notes and Related Subsidiaries DEADLINE FOR IMPLEMENTATION Pub. L. 112–56, title II, § 223(b), Nov. 21, 2011, 125 Stat. 718, provided that: ‘‘The Secretary of Labor shall enter into the contract required by section 4113 of title 38, United States Code, as added by subsection (a), not later than two years after the date of the enactment of this Act [Nov. 21, 2011].’’ Pub. L. 108–183, title III, § 309(b), Dec. 16, 2003, 117 Stat. 2663, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretary of Labor shall implement section 4113 of title 38, United States Code, as added by subsection (a), and shall have employees of the Veterans’ Employment and Training Service, or contractors, to carry out that sec- tion at the military installations involved by such date.’’ § 4114. Credentialing and licensure of veterans: demonstration project (a) DEMONSTRATION PROJECT AUTHORIZED.—The Assistant Secretary for Veterans’ Employment and Training shall carry out a demonstration project on credentialing in accordance with this section for the purpose of facilitating the seam- less transition of members of the Armed Forces from service on active duty to civilian employ- ment. (b) IDENTIFICATION OF MILITARY OCCUPATIONAL SPECIALTIES AND ASSOCIATED CREDENTIALS AND LICENSES.—(1) The Assistant Secretary for Vet- erans’ Employment and Training shall, in con- sultation with the Assistant Secretary for Em- ployment and Training, select not more than five military occupational specialties for pur- poses of the demonstration project. Each spe- cialty so selected by the Assistant Secretary for Veterans’ Employment and Training shall re- quire a skill or set of skills that is required for civilian employment in an industry with high growth or high worker demand. (2) The Assistant Secretary shall enter into a contract with an appropriate entity rep- resenting a coalition of State governors to con- sult with appropriate Federal, State, and indus- try officials and identify requirements for cre- dentials, certifications, and licenses that require a skill or set of skills required by a military oc- cupational specialty selected under paragraph (1). (3) The Assistant Secretary shall analyze the requirements identified under paragraph (2) to