Transition Assistance Program: amendments; pilot program; reports

(a)

Special operations forces

Subsection (a) of section 1142 of title 10, United States Code, is amended, in paragraph (1), by inserting (including each member of the special operations forces) after armed forces. (b)

Requirement of preseparation counseling: number of days

Such subsection is further amended, in paragraph (1)— (1)by inserting

(A)

before Within; and (2)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 accepted an offer of 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.

(c)

Provision of preseparation counseling: third party counselors; in-Person to the extent practicable

Such subsection is further amended, in paragraph (2)— (1) by inserting

(A)

before In carrying; and (2) by adding at the end the following new subparagraphs:

(B) Preseparation counseling may not be provided by an individual responsible for the retention of members in the armed force concerned. (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.

(d)

Period of eligibility: expansion

Such subsection is further amended, in paragraph (3)— (1)by striking 365 each place it appears and inserting 540; and (2)by striking 365-day and inserting 540-day. (e)

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 if— (i)the member requests such a waiver; (ii)the member received preseparation counseling during the period of three years preceding the date of such request; and (iii)matters covered by such counseling, specified in subsection (b), have not changed since the member last received such counseling.

(f)

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) The commanding officer of a member described in this subsection may, on a space available basis, authorize such member to receive preseparation counseling, regardless of whether such member reenlists or agrees to a new period of obligated service.

(g)

Repeat attendance

Such subsection is further amended by adding at the end the following new paragraph:

(6)A member who received preseparation counseling under this section may, before separation, retirement, or discharge, request to receive, on a space-available basis, such preseparation counseling a second time.

(h)

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). (i)

Minimum amount of counseling regarding financial planning

Such subsection is further amended, in paragraph (9)— (1)by striking Financial and inserting (A) General financial; (2)by striking loans and inserting loans and other debt, investing; and (3)by adding at the end the following new subparagraphs:

(B)Individualized assistance regarding matters described in subparagraph (A). (C)Counseling under subparagraph (A) or (B) shall be provided by an individual who has significant experience in financial planning and may not be shorter than one hour.

(j)

Pathways: standardization; establishment of pathway for members of the reserve components

Such section is further amended, in paragraph (1) of subsection (c), in the matter preceding subparagraph (A)— (1)by striking Each Secretary concerned and inserting The Secretaries of Defense and Homeland Security; and (2)by striking pathways for members of the military department concerned and inserting pathways, standardized across the armed forces and including one pathway for members of the reserve components, for members. (k)

Pathways: record of pathway assignment

Such subsection is further amended by adding at the end the following new paragraph:

(4)The Secretary concerned shall ensure that the pathway in which a member is placed, and the reasons for such placement, are noted in the service record of such member.

(l)

Coordination between Departments of Defense, Veterans Affairs, and Labor

Such section is further amended, in subsection (d)— (1)by striking the heading and inserting

Transmission of certain information to other departments

; (2)by inserting

(1)

before In the case; and (3)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 Department of Defense Form DD–2648 regarding such member. (3) (A)In the case of a member described in subsection (a) whom the Secretary concerned determines is at risk for a difficult transition to civilian life, the Secretary concerned shall, before the member separates, retires, or is discharged, provide— (i)such member with the contact information of an employee of the Department of Veterans Affairs and an employee of the Department of Labor; and (ii)such employees with the contact information of such member. (B)Each employee described in subparagraph (A) shall contact the member described in such subparagraph not later than 60 days after such member separates, retires, or is discharged. (C)The Secretary of Veterans Affairs and the Secretary of Labor shall each submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives an annual report that identifies the number of times, and reasons why, an employee of the department under the jurisdiction of such Secretary failed to carry out subparagraph (B) in the year preceding the date of the report. (D)The Secretary of Defense and Secretary of Homeland Security shall prescribe regulations to ensure that, for purposes of this paragraph, each Secretary concerned uses the same definition of the term at risk for a difficult transition to civilian life.

(m)

Contracting: standardization

Such section is further amended by adding at the end the following new subsection:

(f)

Contracting

A Secretary concerned may enter into an agreement with an entity under which such entity shall provide preseparation counseling under this section. If more than one Secretary seeks to enter into such an agreement, such Secretaries concerned shall, to the extent practicable, seek to enter into such agreements with the same entity.

(n)

Yearly surprise audits

Such section is further amended by adding at the end the following new subsection:

(g)

Audits

(1)Not less than once each year, an employee or contractor of the Department of Veterans Affairs, and an employee or contractor of the Department of Labor, shall make unannounced visits to preseparation counseling under this section in order to audit such counseling. (2)Not later than 90 days after such a visit, the employee or contractor shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report regarding such audit. (3)Such employees or contractors shall have expertise regarding matters described in subsection (b).

(o)

Information provided to State veterans agencies regarding members separating from the Armed Forces

(1)

Expansion

Section 570F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1142 note) is amended, in subsection (a)— (A)by redesignating paragraph (8) as paragraph (9); and (B)by inserting, after paragraph (7), the following new paragraph (8):

(8)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)).

(2)

Limitation of voluntary participation

Such section is further amended, in subsection (d), by striking Information and inserting Except for information related to whether an individual is eligible for benefits described in paragraph (8) of subsection (a), information. (p)

Pilot program for military spouses

(1)

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. (2)

Voluntary basis

Participation in the pilot program shall be on a voluntary basis. (3)

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. (4)

Counseling

Counseling under the pilot program shall— (A)be tailored to the military spouse and family; (B)be offered at least once per calendar quarter at each location selected under paragraph (5); (C)be offered at times including nights and weekends; and (D)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). (5)

Locations

The Secretary of Defense shall carry out the pilot program at not fewer than five military installations of each of the covered Armed Forces. One such location shall be located outside the continental United States. (6)

Report

Not later than one year before the pilot program terminates, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives 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. (7)

Termination

The pilot program shall terminate three years after the Secretary of Defense establishes the pilot program. (8)

Definitions

In this subsection: (A)The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. (B)The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code. (q)

Reports; tracking system

(1)

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, the Secretary of Defense shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report on the Transition Assistance Program at military installations where at least 250 members per year receive preseparation counseling under section 1142 of title 10, United States Code. Such report shall include the following elements with regards to the year preceding the date of such report, disaggregated by military installation: (A)The number of members described in subsection (a)(1)(B)(ii) of such section 1142, as added by subsection (a), who received fewer than five days of preseparation counseling under such section. (B)The average period of time between when a member begins to receive preseparation counseling and the day the member separates, retires, or is discharged. (C)The number of members who began to receive preseparation counseling and then re-enlisted or agreed to a new period of obligated service. (D)The number of members who began to receive preseparation counseling and then were deployed. (E)The number of members assigned to each pathway under subsection (c) of such section. (F)The number of members who, in the course of such preseparation counseling, were referred to another Federal agency or department. (G)The Federal agencies or departments to which members were so referred. (H)The number of members who should have been, but were not, so referred, and reasons why such referrals did not occur. (I)The number of members who receive such preseparation counseling and apply for unemployment compensation under subchapter II of chapter 85 of title 5, United States Code. (J)The total amount of such unemployment compensation paid to members separating from the Armed Forces. (K)The frequency with which the commander of the military installation received a briefing regarding attendance of members in accordance with statutory requirements of the Transition Assistance Program. (2)

Annual report on TAP curricula

Not less than once each year after the date of the enactment of this Act, the Secretaries of Defense, Veterans Affairs, and Labor shall— (A)review and update curricula under the Transition Assistance Program; and (B)submit to Congress copies of such curricula. (3)

Tracking of timeliness

(A)

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. (B)

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. Such report shall include a list of the seven military installations located inside the continental United States, and three military installations located outside the continental United States, where members are least likely to receive TAP preseparation counseling in accordance with such time periods.