Section 1 Short title
This Act may be cited as the “Enhancing the Transitioning Servicemember’s Experience Act” or the “ETS Act” .
Enhancing the Transitioning Servicemember’s Experience Act
A BILL
To amend titles 10 and 38, United States Code, to make improvements to certain programs for a member nearing separation, or for a veteran who recently separated, from the Armed Forces, and for other purposes.
Sec. 2 Transition Assistance Program: amendments; pilot program; reports
Requirement of preseparation counseling: number of days— Subsection (a) of section 1142 of title 10, United States Code, is amended, in paragraph (1)—
by inserting “(A)” before “Within”; and
by adding at the end the following new subparagraph:
“(B) The Secretary concerned shall ensure that a member described in subparagraph (A) receives preseparation counseling in the following amounts:
“(i) In the case of a member who has secured full-time employment, or has enrolled in a program of education or vocational training, that shall commence after the member separates, retires, or is discharged, not fewer than three days.
“(ii) In the case of a member other than a member described in clause (i), not fewer than five days.”
Provision of preseparation counseling: third-Party counselors; in-Person to the extent practicable— Such subsection is further amended, in paragraph (2)—
by inserting “(A)” before “In carrying”; and
by adding at the end the following new subparagraphs:
“(B) Preseparation counseling may not be provided by a member of the armed forces or a civilian employee of the Secretary concerned. The Secretary concerned shall enter into an agreement with an entity to provide such counseling.
“(C) Preseparation counseling shall be provided in person to the extent practicable. If the Secretary concerned determines that a member cannot attend such counseling in person, such member may receive such counseling remotely.”
Waiver for certain members of the reserve components— Such subsection is further amended, in paragraph (4), by adding at the end the following new subparagraph:
“(D) The Secretary concerned may waive the requirement for preseparation counseling under paragraph (1) in the case of a member of the reserve components who requests such a waiver and who received preseparation counseling during the period of three years preceding the date of such request.”
Eligibility of a member who reenlists To receive preseparation counseling— Such subsection is further amended by adding at the end the following new paragraph:
“(5) A member described in this subsection may elect to receive preseparation counseling regardless of whether such member reenlists or agrees to a new period of obligated service.”
Elective inclusion of the spouse of a member— Such section is further amended, in subsection (b), in paragraph (5), by striking “regarding the matters covered by paragraphs (9), (10), and (16)”.
Minimum amount of counseling regarding financial planning— Such subsection is further amended, in paragraph (9), by adding “Counseling under this paragraph may not be shorter than one hour.” at the end.
Counseling regarding homelessness and food insecurity— Such subsection is further amended by adding at the end the following new paragraph:
“(20) If the Secretary concerned determines that a member is at risk of homelessness or food insecurity, information regarding Federal benefits for low-income households, including the supplemental nutrition assistance program (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (Public Law 88–525; 7 U.S.C. 2012)). In making such determination, the Secretary concerned shall consider factors including the following:
“(A) Whether the member is eligible for the basic needs allowance under section 402b of title 37.
“(B) Whether the member is being medically separated or is being retired under chapter 61 of this title.”
Presentation by a veterans service organization in preseparation counseling— Such subsection is further amended by adding at the end the following new paragraph:
“(21) A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation—
“(A) shall be standardized;
“(B) shall be previously reviewed and approved by the Secretary of Veterans Affairs;
“(C) shall be submitted by the Secretary of Veterans Affairs to the Committees on Armed Services, and the Committees on Veterans’ Affairs, of the Senate and House of Representatives, for review at least 90 days before implementation;
“(D) shall be presented by—
“(i) a national representative of a veterans service organization recognized under section 5902 of title 38; or
“(ii) if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present;
“(E) shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);
“(F) may not encourage the member to join a particular veterans service organization; and
“(G) may not be longer than one hour.”
Pathway for a member who transfers from regular component to a reserve component— Such section is further amended, in subsection (c)(1)(D), by inserting “, or is transferring from a regular component to a reserve component” before the period at the end.
Coordination with Solid Start Program of the Department of Veterans Affairs— Such section is further amended, in subsection (d)—
in the heading, by striking “medical” and inserting “certain”;
by inserting “(1)” before “In the case”; and
by adding at the end the following new paragraphs:
“(2) Before a member described in subsection (a) separates, retires, or is discharged, the Secretary concerned shall transmit to the Secretary of Veterans Affairs the following information:
“(A) The contact information of such member.
“(B) The determination of the Secretary concerned under subsection (b)(20) regarding such member.”
Prohibition of provision of DD Form 214 for certain members who do not complete preseparation counseling— Such section is further amended by adding at the end the following new subsection:
“(f) DD Form 214
“(1) The Secretary concerned may not provide a member required to receive preseparation counseling under this section a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214) for such member if the member does not complete such counseling.
“(2) The prohibition under paragraph (1) shall not apply in the case of a member—
“(A) who is being retired or separated for disability; or
“(B) whose discharge is not characterized as honorable or general.”
Department of Labor Employment Navigator and Partnership Program—
in subsection (d)—
in paragraph (4), by inserting “and” after the semicolon;
by striking paragraphs (5) and (6); and
by redesignating paragraph (7) as paragraph (5);
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
by inserting after subsection (d) the following new subsection (e):
“(e) Employment navigator and partnership program
“(1) As part of the program carried out under this section, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall carry out and maintain a program to be known as the “Employment Navigator and Partnership Program”. Under such program, the Secretary of Labor shall seek to enter into contracts with public, private, and nonprofit entities under which such entities provide individualized employment counseling for members of the Armed Forces and their spouses.
“(2) In carrying out the program under this subsection, the Secretary of Labor shall—
“(A) prioritize entering into contracts with qualified private entities that have experience providing instruction to members of the Armed Forces eligible for assistance under the program carried out under this section on—
“(i) private sector culture, résumé writing, career networking, and training on job search technologies;
“(ii) academic readiness and educational opportunities; or
“(iii) other relevant topics, as determined by the Secretary;
“(B) give a preference to any private entity that—
“(i) has a national or international geographical area of service;
“(ii) provides multiple forms of career assistance and placement services to—
“(I) active duty members of the Armed Forces;
“(II) spouses of active duty members of the Armed Forces;
“(III) veterans; and
“(IV) spouses of veterans;
“(iii) provides services to at least 5,000 individuals who are—
“(I) active duty members of the Armed Forces;
“(II) spouses of active duty members of the Armed Forces;
“(III) veterans; or
“(IV) spouses of veterans;
“(iv) has continuously, for at least the five-year period immediately preceding the date of the contract, provided services to individuals who are—
“(I) active duty members of the Armed Forces;
“(II) spouses of active duty members of the Armed Forces;
“(III) veterans; and
“(IV) spouses of veterans; and
“(v) has a demonstrated record of success in providing assistance with employment services, as indicated by—
“(I) the average wages or earnings of people who receive employment services provided by the entity;
“(II) prior completion of Federal grants or contracts;
“(III) having at least 50 percent of its participants find full-time employment within six months of initially receiving employment services provided by the entity; and
“(IV) other employment performance indicators, as determined by the Secretary; and
“(C) seek to enter into contracts with not fewer than five, but not more than ten, private entities under which each such entity is compensated at a rate agreed upon between the Secretary and the entity for each individual who receives employment services provided by the entity; and
“(D) conduct such other activities as may be necessary for the delivery of individualized employment counseling and other employment services under this subsection.
“(3) Not later than October 1 of each year, the Secretary of Labor shall submit to the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the implementation of the program under this subsection, including the employment outcomes for members of the Armed Forces and their spouses who receive employment services under the program.”
Effective date— Subsection (e) of section 1144 of title 10, United States Code, as added by paragraph (1), shall take effect on the date of the enactment of this Act and apply beginning on the date that is 180 days after the date of the enactment of this Act.
Pilot program for military spouses—
Establishment— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program for spouses of members of the covered Armed Forces who are eligible to receive preseparation counseling under TAP.
Voluntary basis— Participation in the pilot program shall be on a voluntary basis.
Curriculum— 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 the pilot program.
Counseling— Counseling under the pilot program shall—
be one-on-one;
be tailored to the participating military spouse;
be offered at least once per calendar quarter;
be offered at times including nights and weekends; 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 subparagraph (C).
Locations— The Secretary of Defense shall carry out the pilot program at not fewer than four military installations of each of the covered Armed Forces.
Report— Not later than one year before the pilot program terminates, the Secretary of Defense shall submit a report to the regarding the pilot program. Such report shall include elements the Secretary determines appropriate, including whether the pilot program should be made permanent.
Termination— The pilot program shall terminate three years after the Secretary of Defense establishes the pilot program.
Definitions— In this subsection:
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.
Reports; tracking system—
Annual report on TAP participation— Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, a report on the Transition Assistance Program. Such report shall include the following elements with regards to the year preceding the date of such report, disaggregated by Armed Force:
The number of members described in subsection (a)(1)(B)(ii) of section 1142 of title 10, United States Code, as added by subsection (a), who received fewer than five days of preseparation counseling under such section, disaggregated by military installation.
The average period of time between when a member begins to receive preseparation counseling and the day the member separates, retires, or is discharged.
The number of members who began to receive preseparation counseling and then re-enlisted or agreed to a new period of obligated service.
The number of members who began to receive preseparation counseling and then were deployed.
The number of members assigned to each pathway under subsection (c) of such section.
The frequency with which the commander of a military installation received a briefing regarding the Transition Assistance Program.
Annual report on VSO presentations— Not less than once each year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report—
that identifies each veterans service organization that presented under paragraph (21) of section 1142(b) of title 10, United States Code, as added by subsection (h);
that contains the number of members of the Armed Forces who attended such presentations; and
that includes any recommendations of the Secretary regarding changes to such presentation or to such paragraph.
Tracking of timeliness—
Implementation— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall implement a system to track how many, and what percentage of, members of the Armed Forces begin to receive preseparation counseling within the time periods established in section 1142 of title 10, United States Code.
Annual report— Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services, and the Committees on Veterans’ Affairs, of the Senate and House of Representatives, a report on data recorded with such tracking system during the year preceding the date of such report.
Sec. 3 Skillbridge: GAO study
Study required— The Comptroller General of the United States shall conduct a study of the Skillbridge programs under section 1143(e) of title 10, United States Code.
Report— Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services, and the Committees on Veterans’ Affairs, of the Senate and House of Representatives, a report regarding such study. Such report shall include observations and recommendations of the Comptroller regarding, with respect to members and employers who participate in Skillbridge—
differences in criteria for participation between the Armed Forces;
other differences in Skillbridge programs between the Armed Forces;
best practices in Skillbridge programs across the Armed Forces, including—
the selection of employers; and
the development of contracts; and
the feasibility of making Skillbridge programs uniform across the Armed Forces.
Sec. 4 Expansion of eligibility for a certain program of job counseling, training, and placement service for veterans
in subparagraph (A), by striking the comma at the end and inserting a semicolon;
in subparagraph (B), by striking “power, or” and inserting “power;”
in subparagraph (C), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(D) a member of the Armed Forces eligible for the Transition Assistance Program under sections 1142 and 1144 of title 10.”
Outreach— Section 4103A(a)(1) of such title is amended—
in the matter preceding subparagraph (A), by inserting “and certain eligible persons” after “eligible veterans”;
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following new subparagraph (C):
“(C) Eligible persons described in paragraph (5)(D) of section 4101 of this chapter.”
Sec. 5 Solid Start program: interaction with Transition Assistance Program
Clarification of reference to TAP— Subsection (b) of section 6320 of title 38, United States Code, is amended, in of paragraph (1), by striking “transition classes or separation” and inserting “TAP classes or preseparation counseling”.
Provision of TAP materials— Such paragraph is further amended—
by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively; and
by inserting after subparagraph (C) the following new subparagraph (D):
“(D) furnishing TAP materials to veterans;”
Assessment of TAP— Such paragraph is further amended, in subparagraph (I), as redesignated, by inserting “and of TAP” before the period.
Definitions— Such section is further amended—
by striking paragraph (3) of subsection (b); and
by adding at the end the following new subsection:
“(c) Definitions—In this section:
“(1) The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10.
“(2) The term “Vet Center” has the meaning given such term in section 1712A(h) of this title.
“(3) The term “veterans service organization” means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title.”