Improving Preparation and Resources for Occupational, Vocational, and Educational Transition for Servicemembers Act
A BILL
To amend title 10, United States Code, to improve the Transition Assistance Program for members of the Armed Forces, and for other purposes.
Sec. 2 Recodification, consolidation, and improvement of certain transition-related counseling and assistance authorities
“1142. Transition-related counseling and services: Transition Assistance Program
“(a) Program required
“(1) In general—The Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy shall, in cooperation with the Secretary of Labor and the Secretary of Veterans Affairs, carry out a program to furnish individual counseling, information and services described in paragraph (2) to members of the armed forces under the jurisdiction of the Secretary of Defense or the Secretary of Homeland Security, as applicable, whose retirement or separation from active duty is anticipated as of a specific date, and to the spouses of such members. The program shall be known as the “Transition Assistance Program”.
“(2) Counseling, information, and services—The counseling, information, and services furnished under the program (in this section referred to as “covered counseling, information, and services”) shall include the following in connection with the transition from military life to civilian life:
“(A) Preseparation counseling, including as described in subsection (f).
“(B) Training, employment assistance, and other related information and services, including as described in subsection (g).
“(C) Such other counseling, information, and services as the Secretaries referred to in paragraph (1) consider appropriate to assist members of the armed forces, and their spouses, in the transition from military life to civilian life.
“(3) Agreement—The Secretaries referred to in paragraph (1) (in this section referred to as the “administering Secretaries”) shall enter into a detailed agreement to carry out this section.
“(4) Certain responsibilities—In carrying out the program, the administering Secretaries shall do the following:
“(A) Work together to develop and revise necessary training documents, resources, and curriculum for the purposes of the program.
“(B) In providing information in connection with preseparation counseling under subsection (f)(4), use experience obtained from implementation of the pilot program under section 408 of Public Law 101–237.
“(C) Work with military and veterans’ service organizations and other appropriate organizations to promote and publicize job fairs for members furnished covered counseling, information, and services under the program.
“(D) In the case of members furnished covered counseling, information, and services under the program who have a spouse—
“(i) include the spouse in such counseling, information, and services, at the election of the member and the spouse; and
“(ii) provide job placement counseling for the spouse in connection with the transition of the member from military life to civilian life.
“(b) Participation of members required
“(1) In general—Except as provided in paragraph (2), the Secretary of Defense and the Secretary of Homeland Security shall require the participation in the program under this section of all members eligible for assistance under the program.
“(2) Waiver—The Secretary of Defense and the Secretary of Homeland Security may, under regulations such Secretaries shall prescribe, waive the participation requirement in paragraph (1) with respect to such groups or classifications of members as such 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 based on the articulable justification of such Secretaries that there is extraordinarily compelling reason to believe such members are unlikely to face major readjustment, health care, employment, or other challenges associated with transition to civilian life. In issuing any such waiver, the Secretary of Defense or the Secretary of Homeland Security, as applicable, shall specify, in writing, the grounds for such waiver. Each Secretary shall maintain a record of all such waivers issued by such Secretary.
“(c) Service required before furnishing of preseparation counseling
“(1) In general—Subject to paragraph (2), the Secretary concerned shall not furnish preseparation counseling under the program under this section to a member who is being discharged or released before the completion of the first 180 continuous days of active duty of the member.
“(2) Retirement or separation for disability—Paragraph (1) shall not apply in the case of a member who is being retired or separated for disability.
“(3) Determination of duration of service—For purposes of calculating the days of active duty of a member under paragraph (1), the Secretary concerned shall exclude any day as follows:
“(A) Any day on which the member performed full-time training duty or annual training duty.
“(B) Any day on which the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned.
“(d) Commencement and completion
“(1) Commencement—Except as provided in paragraph (4), the furnishing of covered counseling, information, and services to a member under the program under this section shall commence not later than one year before the date of anticipated retirement or separation of the member from the armed forces.
“(2) Completion—Except as provided in paragraph (4), the furnishing of covered counseling, information, and services to a member under the program shall be completed as follows:
“(A) In the case of a member retiring from the armed forces, by not later than 120 days before the date of retirement.
“(B) In the case of a member otherwise separating from the armed forces, by not later than 90 days before the date of separation.
“(3) Construction—Nothing in this subsection may be construed to prohibit the furnishing of covered counseling, information, and services to a member under the program, or other counseling, assistance, and information and services similar to covered counseling, information, and services, at times other than the times provided for by paragraphs (1) and (2).
“(4) Unanticipated retirement or separation in connection with preseparation counseling—In the event that a retirement or other separation from the armed forces is unanticipated until there are 90 or fewer days before the anticipated retirement or separation date, or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 120-day or 90-day requirement under paragraph (2) unfeasible, preseparation counseling under the program shall begin as soon as possible within the remaining period of service.
“(e) Furnishing on in-Person basis
“(1) In general—Except as provided in paragraph (2), covered counseling, information, and services under the program under this section shall be furnished to a member on an in-person basis.
“(2) Waiver—The Secretary of Defense and the Secretary of Homeland Security, as applicable, may waive the requirement in paragraph (1) with respect to a particular member if such Secretary determines, using a system established by such Secretary for purposes of this paragraph, that the furnishing of covered counseling, information, and services on an online, other electronic, or other basis, rather than on an in-person basis, is necessary to avoid extraordinarily significant impediments to immediate mission needs. In issuing any such waiver, such Secretary shall specify, in writing, the grounds for such waiver.
“(f) Topics covered by preseparation counseling—The preseparation counseling furnished a member under the program under this section shall include the following:
“(1) Financial planning assistance, including information on budgeting, saving, credit, loans, and taxes.
“(2) An explanation of the procedures for and advantages of affiliating with the Selected Reserve.
“(3) Information on programs and benefits related to veteran status, including—
“(A) a description of health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs, and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits;
“(B) educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member’s service in the armed forces;
“(C) a description of the compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title;
“(D) information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices;
“(E) a description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program; and
“(F) information, including appropriate training, on eligibility for enrollment and disenrollment in the Survivor Benefit Plan under chapter 73 of this title and other survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs.
“(4) Information on civilian employment, occupational requirements, and related assistance, including—
“(A) labor market information;
“(B) instruction in resume preparation;
“(C) job analysis techniques, job search techniques, job interview techniques, and salary negotiation techniques;
“(D) certification and licensure requirements that are applicable to civilian occupations, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses;
“(E) civilian occupations that correspond to military occupational specialties;
“(F) information on the requirements under section 1143(a) of this title for the Department of Defense and the Department of Homeland Security 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;
“(G) government and private-sector programs for job search and job placement assistance, including the public and community service jobs program carried out under section 1143a of this title, and information regarding the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program;
“(H) priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor;
“(I) veterans small business ownership and entrepreneurship programs of the Small Business Administration and assistance to members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies;
“(J) employment and reemployment rights and obligations under chapter 43 of title 38;
“(K) veterans preference in Federal employment and Federal procurement opportunities;
“(L) disability-related employment and education protections; and
“(M) career and employment opportunities available to members with transportation security cards issued under section 70105 of title 46.
“(5) Information related to transition and relocation, including—
“(A) information on 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);
“(B) 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;
“(C) counseling (for the member and dependents) on the effect of career change on individuals and their families and the availability to the member and dependents of suicide prevention resources following separation from the armed forces;
“(D) the availability of mental health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other mental health conditions associated with service in the armed forces and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse;
“(E) the availability of medical and dental coverage following separation from active duty, including the opportunity to elect into the conversion health policy provided under section 1145 of this title; and
“(F) information on 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.
“(g) Specific components of covered counseling, information, and services—The covered counseling, information, and services furnished to a member under the program under this section shall include the following:
“(1) Preliminary meeting—Upon the commencement of the furnishing of covered counseling, information, and services, a member shall meet with a counselor assigned to the member for purposes of the program. During the meeting, the following shall occur:
“(A) The counselor shall furnish the member the following:
“(i) A military-civilian equivalency review designed to determine what licensing, credentialing, and other requirements for occupations in the civilian sector align with or would be satisfied by the military occupational specialty (MOS) and other military skills and experience of the member.
“(ii) An individualized, personality-based skills and career assessment designed to determine the personal strengths and career interests of the member.
“(iii) Assistance in developing an individual transition plan for the member to attempt to achieve the educational, training, employment, and financial objectives of the member and, if the member has a spouse, the spouse of the member.
“(iv) Information on organizations, entities, and resources located in the community in which the member will reside after separation, retirement, or discharge described under subsection (f)(5)(B) and section 3(a) of the Improving Preseparation and Resources for Occupational, Vocational, and Educational Transition for Servicemembers Act.
“(v) An introduction to additional matters to be furnished under subsection (f), and to such other matters as the administering Secretaries consider appropriate.
“(B) The member may elect one or both of the following:
“(i) To have the Secretary concerned (in consultation with the Secretary of Veterans Affairs and the Secretary of Labor) provide the contact information of the member to the organizations, entities, and resources described in subparagraph (A)(iv).
“(ii) To have the Secretary of Defense and the Secretary of Veterans Affairs transmit information on the member from Department of Defense Form DD–214 to State veterans agencies for transmittal to community-based organizations and related entities that provide or connect veterans to benefits and services in accordance with section 3 of the Improving Preseparation and Resources for Occupational, Vocational, and Educational Transition for Servicemembers Act.
“(2) Preseparation counseling—A course of instruction, of at least one day, on such topics specified in subsection (f) as the administering Secretaries consider appropriate.
“(3) Instruction on specific post-service pathways—A course of instruction, of not less than two consecutive days, on one of the following matters, as elected by the member:
“(A) Employment.
“(B) Higher education.
“(C) Entrepreneurship.
“(D) Career and technical training.
“(E) Such other matters as the administering Secretaries consider appropriate.
“(4) Instruction on professional development and employment assistance—A course of instruction, of at least one day, on general professional development and employment assistance, including resume writing, interviewing skills, and such other matters as the administering Secretaries consider appropriate.
“(5) Instruction on veterans benefits—A course of instruction, of at least one day, on the benefits and services available under the law administered by the Secretary of Veterans Affairs, including the manner of registration for receipt of such benefits and services and such other matters in connection with such benefits and services as the Secretary of Veterans Affairs considers appropriate.
“(6) Order of counseling and instruction—A member shall receive the counseling and instruction required by paragraphs (2) and (3) before any other instruction required by this subsection. A member may undertake any other instruction required by this subsection at a pace and order satisfactory to the member, subject to the requirement to complete all such instruction by the deadline provided in subsection (d)(2).
“(7) Frequency of training—The Secretary concerned shall ensure, to the extent practicable and subject to urgent mission needs, that members who have commenced receipt of counseling and instruction under the program by the commencement date provided in subsection (d)(1) and seek to receive such counseling or instruction again, or receive additional such counseling or instruction, under this subsection before retirement or separation, are able to do so.
“(h) Record of receipt of covered counseling, information, and services in service records—A notation on the receipt of counseling and instruction on each matter specified in subsections (f) and (g) in connection with the furnishing of covered counseling, information, and services under the program under this section, signed by the member concerned, shall be placed in the service record of each member receiving such counseling and instruction.
“(i) Use of personnel and organizations—In carrying out the program under this section, the administering Secretaries may—
“(1) provide 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;
“(2) use military and civilian personnel of the Department of Defense and the Department of Homeland Security;
“(3) use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department;
“(4) use representatives of military and veterans’ service organizations;
“(5) enter into contracts with public entities; and
“(6) enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for covered counseling, information, and services under the program on—
“(A) private sector culture, resume writing, career networking, and training on job search technologies;
“(B) academic readiness and educational opportunities; and
“(C) such other matters in connection with the program as the administering Secretaries consider appropriate.
“(j) Reports and notice in connection with participation of members
“(1) Information within executive branch—The Secretary of Defense and the Secretary of Homeland Security shall each ensure that information on participation in the program under this section by members under the jurisdiction of such Secretary (including timeliness of receipt of covered counseling, information, and services, rates of participation on an in-person basis and an online or other electronic basis, and number of waivers (if any) issued pursuant to subsection (e)(2)) is made available by electronic means to the following:
“(A) Commanders at all levels of command at the installations concerned.
“(B) All counselors and managers of counseling under the program.
“(C) The Secretary of Labor, the Secretary of Veterans Affairs, and the heads of any other departments and agencies of the Federal Government involved in the furnishing of counseling and other assistance under the program.
“(2) Annual report to Congress
“(A) In general—The Secretary of Defense and the Secretary of Homeland Security shall each submit to Congress each year a report on the furnishing of covered counseling, information, and services under the program to members of the armed forces under the jurisdiction of such Secretary during the preceding year. Each report shall include, for the year covered by such report, the following:
“(i) The number of members eligible for covered counseling, information, and services under the program.
“(ii) The number of members furnished covered counseling, information, and services under the program.
“(iii) An assessment of the extent to which such counseling, information, and services were furnished within the times provided for by paragraphs (1) and (2) of subsection (d).
“(iv) Rates of participation on an in-person basis and an online or other electronic basis, and number of waivers (if any) issued pursuant to subsection (e)(2).
“(v) The number of participants in the programs under subsection (e) of section 1143 of this title (commonly referred to as “Job Training, Employment Skills, Apprenticeships and Internships (JTEST–AI)” or “Skill Bridge”).
“(vi) Such other information as is required to provide Congress with a comprehensive description of participation of the members in the program.
“(B) Presentation of information—Information in each report under subparagraph (A) shall be broken out—
“(i) by armed force, and by component of the armed forces;
“(ii) by basis of separation from the armed forces (whether retirement or other separation and whether voluntary or involuntary); and
“(iii) by characterization of discharge from the armed forces.
“(k) Transmittal of medical information to Department of Veterans Affairs—In the case of a member being medically separated or being retired under chapter 61 of this title, the Secretary concerned shall ensure (subject to the consent of the member) that a copy of the member's service medical record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement.”
Sec. 3 Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities
Sec. 4 Personnel matters in connection with Transition Assistance Program
Sec. 5 Systems for tracking participation in Transition Assistance Program and related programs
Sec. 6 Information on members of the Armed Forces participating in preseparation counseling and surveys on member experiences with Transition Assistance Program counseling and services and in transition to civilian life
Sec. 7 Command matters in connection with transition assistance programs
Sec. 8 Comptroller General of the United States report on participation in transition assistance programs at small and remote military installations
Sec. 9 Education of members of the Armed Forces on career readiness and professional development
“2015a. Education of members on career readiness and professional development
“(a) Program of education required—The Secretary of Defense shall carry out a program to provide education on career readiness and professional development to members of the armed forces.
“(b) Elements—The program under this section shall provide members with the following:
“(1) Information on the transition plan as described in section 1142(g)(1)(A)(iii) of this title.
“(2) Information on opportunities available to members during military service for professional development and preparation for a career after military service, including—
“(A) programs of education, certification, training, and employment assistance (including programs under sections 1143(e), 2007, and 2015 of this title); and
“(B) programs and resources available to members in communities in the vicinity of military installations.
“(3) Instruction on the use of online and other electronic mechanisms in order to access the education, training, and assistance and resources described in paragraph (2).
“(4) Such other information, instruction, and matters as the Secretary shall specify for purposes of this section.
“(c) Timing of provision of information—Subject to subsection (d), information, instruction, and other matters under the program under this section shall be provided to members at the times as follows:
“(1) Upon arrival at first duty station.
“(2) Upon arrival at any subsequent duty station.
“(3) Upon deployment.
“(4) Upon promotion.
“(5) Upon reenlistment.
“(6) At any other point in a military career specified by the Secretary for purposes of this section.
“(d) Single provision of information in a year with multiple events—A member who has received information and instruction under the program under this section in connection with an event specified in subsection (c) in a year may elect not to undergo additional receipt of information and instruction under the program in connection with another such event in the year, unless such other event is arrival at a new duty station.”