10 U.S.C. § 1144: Employment assistance, job training assistance, and other transitional services: Department of Labor

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. 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. The Secretaries referred to in paragraph (1) shall enter into a detailed agreement to carry out this section. Provide information concerning employment and training assistance, including (A) labor market information, (B) civilian work place requirements and employment opportunities (including apprenticeship programs approved under chapters 30 through 36 of title 38), (C) instruction in resumé preparation, and (D) job analysis techniques, job search techniques, and job interview techniques. In providing information under paragraph (1), use experience obtained from implementation of the pilot program established under section 408 of Public Law 101–237 . 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 . 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. 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. 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). Work with military and veterans’ service organizations and other appropriate organizations in promoting and publicizing job fairs for such members. Provide information about disability-related employment and education protections. 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. 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 . Except as provided in paragraph (2), the Secretary of Defense and the 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. 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 individual members possessing specialized skills who, due to unavoidable circumstances, are needed to support a unit’s imminent deployment. 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; use military and civilian personnel of the Department of Defense and the Department of Homeland Security; use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department; use representatives of military and veterans’ service organizations; enter into contracts with public entities; private sector culture, resume writing, career networking, and training on job search technologies; academic readiness and educational opportunities; or other relevant topics; and take other necessary action to develop and furnish the information and services to be provided under this section. As part of the 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 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. One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned. benefits under laws administered by the Secretary of Veterans Affairs; and other subjects determined by the Secretary concerned. One day of instruction regarding preparation for employment. Preparation for employment. Preparation for education. Preparation for vocational training. Preparation for entrepreneurship. Other options determined by the Secretary concerned. before the time periods established under section 1142(a)(3) of this title ; in addition to such training and instruction required during such time periods. Not later than one year after the date of the enactment of this Act [ Dec. 18, 2025 ], the Secretary of Defense may establish a pilot program for spouses of members of the covered Armed Forces who are eligible to receive preseparation counseling under TAP. Participation in such a pilot program shall be on a voluntary basis. The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of Labor, shall establish a curriculum based on TAP for such a pilot program. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and House of Representatives and the Committees on Veterans’ Affairs of the Senate and House of Representatives of such establishment[.] be tailored to the military spouse and family; be offered at least once per calendar quarter at each location selected under paragraph (5); be scheduled and delivered in a manner that maximizes accessibility for military spouses, including through flexible or alternative scheduling options; and include at least one hour regarding benefits and assistance available to military families and veterans from each department under the jurisdiction of the Secretaries specified in paragraph (3). The Secretary of Defense shall carry out such a pilot program at not more than five military installations. At least one such location shall be located outside the continental United States. During the term of pilot program, the Secretary of Defense shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives an annual report regarding the pilot program. Such report shall include elements the Secretary determines appropriate, including the recommendation of the Secretary whether the pilot program should be made permanent or expanded. Such a pilot program shall terminate three years after the Secretary of Defense establishes the pilot program. The term ‘covered Armed Force’ means the Army, Navy, Marine Corps, Air Force, or Space Force. The term ‘TAP’ means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.” 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’). 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. widely available as a mobile application; and easily accessible by veterans, members of the Armed Forces, and employers. 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. 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. 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. 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. The term ‘mobile application’ means a software program that runs on the operating system of a mobile device. The term ‘mobile device’ means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection.” 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. 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 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. 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. Information about the GI Bill Comparison Tool of the Department of Veterans Affairs. 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. Information to enable individuals described in paragraph (1) to develop a post-secondary education plan appropriate and compatible with their educational goals. Such other information as the Secretary of Education considers appropriate. 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. 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. The term ‘institution of higher learning’ has the meaning given such term in section 3452 of title 38 , United States Code. An educational institution described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). An educational institution described in subsection (b) or (c) of section 102 of such Act ( 20 U.S.C. 1002 ).” 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. Military service and separation data. A personal email address. A personal telephone number. A mailing address. 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. 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. in developing the procedures required by subsection (a); and in sharing information with State veterans agencies as described in such subsection. A description of the procedures developed to share information with State veterans agencies. A description of the sharing activities carried out by the Secretary in accordance with such procedures. The number of members of the Armed Force who gave their consent for the sharing of information with State veterans agencies. Such recommendations as the Secretary may have for legislative or administrative action to improve the sharing of information as described in subsection (a).” 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. For purposes of this section, an eligible individual is a veteran or the spouse of a veteran. 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. Of the States selected by the Secretary under paragraph (1), at least 20 shall be States with high rates of unemployment among veterans. 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. 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. a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or a labor force or economy that has been significantly impacted by a covered public health emergency. 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 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. 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. 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.” 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. 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. 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. 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. the Committee on Veterans’ Affairs, the Committee on Armed Services, and the Committee on Health, Education, Labor, and Pension of the Senate; and the Committee on Veterans’ Affairs, the Committee on Armed Services, and the Committee on Education and the Workforce of the House of Representatives. made publicly available on an Internet website; and regularly updated to reflect the most recent findings of the secretaries with respect to such equivalences. 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. 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. 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. This section shall take effect on the date that is one year after the date of the enactment of this Act [ Nov. 21, 2011 ].”