38 U.S.C. § 4113

Transition Assistance Program personnel

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(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.(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 NotesPrior 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, related 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 “section 6304(a)” for “section 7723(a)”.

Statutory Notes and Related SubsidiariesDeadline 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 section at the military installations involved by such date.”

Notes of Decisions

Cited in 2 cases, 1988–2019 · leading case: Colorado Nurses Ass'n v. Fed. Labor Relations Auth., 851 F.2d 1486 (D.C. Cir. 1988).

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Colorado Nurses Ass'n v. Fed. Labor Relations Auth., 851 F.2d 1486 (D.C. Cir. 1988). “§§ 4101 and 4106), trained ( 38 U.S.C. § 4113 ), paid ( 38 U.S.C. § 4107 ), and disciplined (38 U.”

Inverness Tech., Inc. v. United States (Fed. Cl. 2019). “§ 1144 (2012) (titled “Employment assistance, job training assistance, and other transitional services: Department of Labor”); 38 U.S.C. § 4113 (2012) (titled “Transition Assistance Program personnel”).”

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