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Title 38 — Veterans’ Benefits

Part III · Chapter 41 — Job Counseling, Training, and Placement Service for Veterans

§ 4113. Transition Assistance Program personnel

Statutory text

(a)

Requirement to Contract.—

In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate private 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, including the following:

(1)

Counseling.

(2)

Assistance in identifying employment and training opportunities and help in obtaining 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 considers appropriate.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans Benefits Act of 2003

    Pub. L. 108–183 title III § 309(a)(1) · 117 Stat. 2651

    Enacted · 38 U.S.C. § 4113

    Added Pub. L. 108–183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663

    Source evidence

    Code source credit
    Added Pub. L. 108–183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663

    Enacted provision · exact public law section
    (1) Chapter 41 is amended by adding at the end the following new section: “§ 4113. Outstationing of Transition Assistance Program personnel “(a) Stationing of TAP Personnel at Overseas Military Installations.— (1) The Secretary— “(A) shall station employees of the Veterans’ Employment and Training Service, or contractors under subsection (c), at each veterans assistance office described in paragraph (2); and “(B) may station such employees or contractors at such other military installations outside the United States as the Secretary, after consultation with the Secretary of Defense, determines to be appropriate or desirable to carry out the purposes of this chapter. “(2) Veterans assistance offices referred to in paragraph (1)(A) are those offices that are established by the Secretary of Veterans Affairs on military installations pursuant to the second sentence of section 7723(a) of this title. “(b) Functions.— Employees (or contractors) stationed at military installations pursuant to subsection (a) shall provide, in person, 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 who are being separated from active duty, and the spouses of such members, under the Transition Assistance Program and Disabled Transition Assistance Program established in section 1144 of title 10. “(c) Authority To Contract With Private Entities.— The Secretary, consistent with section 1144 of title 10, may enter into contracts with public or private entities to provide, in person, some or all of the counseling, assistance, information and services under the Transition Assistance Program required under subsection (a).” .

  2. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title IV § 402(e)(2) · 120 Stat. 397

    Substituted · 38 U.S.C. § 4113(a)(2)

    Pub. L. 109–233 substituted “section 6304(a)” for “section 7723(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–233 substituted “section 6304(a)” for “section 7723(a)”.

    Enacted provision · exact public law section
    (2) Section 4113(a)(2) of such title is amended by striking “section 7723(a)” and inserting “section 6304(a)”.

  3. VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 title II § 223(a)(1) · 125 Stat. 717

    Amended · 38 U.S.C. § 4113

    Pub. L. 112–56 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel

    Source evidence

    Code amendment note
    Pub. L. 112–56 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel.

    Enacted provision · exact public law section
    (1) In general.— Section 4113 of title 38, United States Code, is amended to read as follows: “§ 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 private 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, including the following: “(1) Counseling. “(2) Assistance in identifying employment and training opportunities and help in obtaining 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 considers appropriate.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 4113, Pub. L. 85–857, , 72 Stat. 1247; Pub. L. 89–785, title I, § 110, , 80 Stat. 1371; Pub. L. 94–581, title I, § 110(9), title II, § 209(a)(5), (c)(5), , 90 Stat. 2849, 2860, 2862, related to travel expenses of employees prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), , 105 Stat. 210. See section 7424 of this title.

Amendments2006–2011 · 2 rounds

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 “section 6304(a)” for “section 7723(a)”.

Statutory Notes and Related Subsidiaries

Deadline for Implementation

Pub. L. 112–56, title II, § 223(b), , 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 [].”

Pub. L. 108–183, title III, § 309(b), , 117 Stat. 2663, provided that: “Not later than 90 days after the date of the enactment of this Act [], 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 section at the military installations involved by such date.”

Credits

2003–2011 · 3 acts
  1. 2003Added Pub. L. 108–183, title III, § 309(a)(1), , 117 Stat. 2663
  2. 2006amended Pub. L. 109–233, title IV, § 402(e)(2), , 120 Stat. 411
  3. 2011Pub. L. 112–56, title II, § 223(a)(1), , 125 Stat. 717.
Show as published

(Added Pub. L. 108–183, title III, § 309(a)(1), , 117 Stat. 2663; amended Pub. L. 109–233, title IV, § 402(e)(2), , 120 Stat. 411; Pub. L. 112–56, title II, § 223(a)(1), , 125 Stat. 717.)

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