H.R. 5649 — Introduced in House

I 115th CONGRESS 2d Session H. R. 5649 IN THE HOUSE OF REPRESENTATIVES April 27, 2018Mr. Arrington (for himself, Mr. O'Rourke, Mr. Banks of Indiana, Mr. Bilirakis, Mr. Rutherford, and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 10 and 38, United States Code, to amend the Social Security Act, and to direct the Secretaries of Veterans Affairs, Defense, Labor, and Homeland Security, and the Administrator of the Small Business Administration, to take certain actions to improve transition assistance to members of the Armed Forces who separate, retire, or are discharged from the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Navy SEAL Chief Petty Officer William Bill Mulder (Ret.) Transition Improvement Act of 2018. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Title I—Improvements to TAP Sec. 101. Pathways for TAP. Sec. 102. Contents of TAP. Title II—Other Transition Assistance Sec. 201. Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new hires. Sec. 202. Pilot program for off-base transition training for veterans and spouses. Sec. 203. Grants for provision of transition assistance to members of the Armed Forces after separation, retirement, or discharge. Sec. 204. Study of community-based transition assistance programs for members of the Armed Forces after separation, retirement, or discharge. Sec. 205. One-year independent assessment of the effectiveness of TAP. Sec. 206. Longitudinal study on changes to TAP. 3. Definitions In this Act: (1) The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code. (2) The term Secretary concerned has the meaning given such term in section 101 of title 10, United States Code. I Improvements to TAP 101. Pathways for TAP (a) In general Section 1142 of title 10, United States Code, is amended— (1) in the section heading by striking medical and inserting certain; (2) in subsection (a)— (A) in paragraph (1), by inserting (regardless of character of discharge) after discharge; (B) in paragraph (3)(A)— (i) by inserting or other separation after anticipated retirement each place it appears; (ii) by striking the second sentence; (iii) by striking 90 days and inserting 365 days; and (iv) by striking discharge or release and inserting retirement or other separation; and (C) in paragraph (3)(B)— (i) by striking 90 and inserting 365; and (ii) by striking 90-day and inserting 365-day; (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following new subsection (c): (c) Counseling pathways (1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors: (A) Rank. (B) Term of service. (C) Gender. (D) Whether the member was a member of a regular or reserve component of an armed force. (E) Disability. (F) Character of discharge (including expedited discharge and discharge under conditions other than honorable). (G) Health (including mental health). (H) Military occupational specialty. (I) Whether the member intends, after separation, retirement, or discharge, to— (i) seek employment; (ii) enroll in a program of higher education; (iii) enroll in a program of vocational training; or (iv) become an entrepreneur. (J) The educational history of the member. (K) The employment history of the member. (L) Whether the member has secured— (i) employment; (ii) enrollment in a program of education; or (iii) enrollment in a program of vocational training. (M) Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate. (2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to— (A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection; and (B) receive information from the counselor regarding reenlistment in the armed forces; and (C) receive information from the counselor regarding resources— (i) for members of the armed forces separated, retired, or discharged; (ii) located in the community in which the member will reside after separation, retirement, or discharge. (3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B). ; and (5) by adding at the end the following new subsection: (e) Joint service transcript (1) The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to— (A) that member— (i) at the meeting with a counselor under subsection (c)(2); and (ii) on the day the member separates, retires, or is discharged; and (B) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged. (2) The Secretary of Veterans Affairs shall ensure that a member who has separated, retired, or is discharged may access the joint service transcript of that member from a website of the Department of Veterans Affairs not later than one year after the day the member separates, retires, or is discharged. . (b) Deadline Each Secretary concerned shall carry out subsection (c) of such section, as amended by subsection (a), not later than one year after the date of the enactment of this Act. (c) GAO study Not later than one year after the Secretaries concerned carry out subsection (c) of such section, as amended by subsection (a), the Comptroller General of the United States shall submit to Congress a review of the pathways for the Transition Assistance Program established under such subsection (c). 102. Contents of TAP (a) In general Section 1144 of title 10, United States Code, is amended— (1) in subsection (a), by striking Such services and inserting Subject to subsection (f)(2), such services; and (2) by amending subsection (f) to read as follows: (f) Program contents (1) The program carried out under this section shall consist of at least five days 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. . (b) Deadline TAP shall comply with the requirements of subsection (f) of such section, as amended by subsection (a)(2), not later than one year after the date of the enactment of this Act. (c) Report On the date that is two years after the date of the enactment of this Act and annually thereafter for the subsequent four years, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans' Affairs of the Senate and the House of Representatives a report regarding members of the Armed Forces who have attended TAP counseling during the preceding year. The report shall detail the following: (1) The total number of members who attended TAP counseling. (2) The number of members who attended TAP counseling under paragraph (1) of section 1142(f) of title 10, as amended by subsection (a). (3) The number of members who attended TAP counseling under paragraph (2) of such section. (4) The number of members who elected to attend each two-day instruction under paragraph (1)(D) of such section. II Other transition assistance 201. Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new hires Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph: (4) Veteran employment The Secretaries of Labor and of Veterans Affairs shall have access to information reported by employers pursuant to subsection (b) of this section for purposes of tracking employment of veterans. . 202. Pilot program for off-base transition training for veterans and spouses (a) Extension of pilot program Subsection (a) of section 301 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is amended— (1) by striking During the two-year period beginning on the date of the enactment of this Act, the and inserting During the five-year period beginning on the date of the enactment of the Navy SEAL Chief Petty Officer William Bill Mulder (Ret.) Transition Improvement Act of 2018, the; and (2) by striking to assess the feasibility and advisability of providing such program to eligible individuals at locations other than military installations. (b) Locations Subsection (c) of such section is amended— (1) in paragraph (1), by striking not less than three and not more than five States and inserting not less than 50 locations in States (as defined in section 101(20) of title 38, United States Code); and (2) in paragraph (2), by striking at least two and inserting at least 20. (c) Conforming repeal Subsection (f) of such section is repealed. 203. Grants for provision of transition assistance to members of the Armed Forces after separation, retirement, or discharge (a) In general The Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are separated, retired, or discharged from the Armed Forces, and spouses of such members. (b) Use of funds The recipient of a grant under this section shall use the grant to provide to members of the Armed Forces and spouses described in subsection (a) resume assistance, interview training, job recruitment training, and related services leading directly to successful transition, as determined by the Secretary. (c) Eligible organizations To be eligible for a grant under this section, an organization shall submit to the Secretary an application containing such information and assurances as the Secretary, in consultation with the Secretary of Labor, may require. (d) Priority for hubs of services In making grants under this section, the Secretary shall give priority to an organization that provides multiple forms of services described in subsection (b). (e) Inclusion in TAP counseling The Secretary of the military department concerned shall include in the information provided to a member of the Armed Forces during TAP counseling under section 1142(c)(2)(B) of title 10, United States Code, as amended by section 101 of this Act, information regarding any recipient of a grant under this section that is located in the community in which that member will reside after separation, retirement, or discharge from the Armed Forces. (f) Amount of grant A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b). (g) Deadline The Secretary shall carry out this section not later than six months after the effective date of this Act. (h) Termination The authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary implements the grant program under this section. (i) Authorization of appropriations There is authorized to be appropriated $10,000,000 to carry out this section. 204. Study of community-based transition assistance programs for members of the Armed Forces after separation, retirement, or discharge (a) Study The Secretary of Veterans Affairs, in consultation with State entities that serve members of the Armed Forces who are retired, separated, or discharged from the Armed Forces, shall enter into an agreement with an appropriate non-Federal entity to carry out a study to identify community-based programs— (1) that provide transition assistance to such members; and (2) operated by nonprofit entities. (b) Transmission to members The Secretary of Veterans Affairs shall transmit the list of programs identified under this section to the Secretary of Defense so the Secretaries of the military departments may carry out section 1142(c)(2)(B) of title 10, United States Code, as amended by section 101 of this Act. (c) Online publication The Secretary of Veterans Affairs shall publish the most recent version of the list of programs identified under this section on a public website of the Department of Veterans Affairs. 205. One-year independent assessment of the effectiveness of TAP (a) Independent assessment Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the covered officials, shall enter into an agreement with an appropriate entity with experience in adult education to carry out a one-year independent assessment of TAP, including— (1) the effectiveness of TAP for members of each military department during the entire military life cycle; (2) the appropriateness of the TAP career readiness standards; (3) a review of information that is provided to the Department of Veterans Affairs under TAP, including mental health data; (4) whether TAP effectively addresses the challenges veterans face entering the civilian workforce and in translating experience and skills from military service to the job market; (5) whether TAP effectively addresses the challenges faced by the families of veterans making the transition to civilian life; (6) appropriate metrics regarding TAP outcomes for members of the Armed Forces one year after separation, retirement, or discharge from the Armed Forces; (7) what the Secretary, in consultation with the covered officials, veterans service organizations, and organizations described in section 203(a) of this Act, determine to be successful outcomes for TAP; (8) whether members of the Armed Forces achieve successful outcomes for TAP, as determined under paragraph (7); (9) how the Secretary and the covered officials provide feedback to each other regarding such outcomes; (10) recommendations for the Secretaries of the military departments regarding how to improve outcomes for members of the Armed Forces after separation, retirement, and discharge; and (11) other topics the Secretary and the covered officials determine would aid members of the Armed Forces as they transition to civilian life. (b) Report Not later than 90 days after the completion of the independent assessment under subsection (a), the Secretary and the covered officials, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives— (1) the findings and recommendations (including recommended legislation) of the independent assessment prepared by the entity described in subsection (a); and (2) responses of the Secretary and the covered officials to the findings and recommendations described in paragraph (1). (c) Definitions In this section: (1) The term covered officials is comprised of— (A) the Secretary of Defense; (B) the Secretary of Labor; (C) the Administrator of the Small Business Administration; and (D) the Secretaries of the military departments. (2) The term military departments has the meaning given such term in section 101(8) of title 10, United States Code. 206. Longitudinal study on changes to TAP (a) Study Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Labor and the Administrator of the Small Business Administration, shall conduct a five-year longitudinal study regarding TAP on three separate cohorts of members of the Armed Forces who have separated from the Armed Forces, including— (1) a cohort that has attended TAP counseling as implemented on the date of the enactment of this Act; (2) a cohort that attends TAP counseling after the Secretaries of Defense and Labor implement changes recommended in the report under section 205(b) of this Act; and (3) a cohort that has not attended TAP counseling. (b) Progress reports Not later than 90 days after the day that is one year after the date of the initiation of the study under subsection (a) and annually thereafter for the three subsequent years, the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a progress report of activities under the study during the immediately preceding year. (c) Final report Not later than 180 days after the completion of the study under subsection (a), the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a report of final findings and recommendations based on the study. (d) Elements The final report under subsection (c) shall include information regarding the following: (1) The percentage of each cohort that received unemployment benefits during the study. (2) The numbers of months members of each cohort were employed during the study. (3) Annual starting and ending salaries of members of each cohort who were employed during the study. (4) How many members of each cohort enrolled in an institution of higher learning, as that term is defined in section 3452(f) of title 38, United States Code. (5) The academic credit hours, degrees, and certificates obtained by members of each cohort during the study. (6) The annual income of members of each cohort. (7) The total household income of members of each cohort. (8) How many members of each cohort own their principal residences. (9) How many dependents that members of each cohort have. (10) The percentage of each cohort that achieves a successful outcome for TAP, as determined under section 205(a)(6) of this Act. (11) Other criteria the Secretaries and the Administrator of the Small Business Administration determine appropriate.