[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5649

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2018

  Mr. 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navy SEAL Chief Petty Officer 
William `Bill' Mulder (Ret.) Transition Improvement Act of 2018''.

SEC. 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.

SEC. 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.

                      TITLE I--IMPROVEMENTS TO TAP

SEC. 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).

SEC. 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.

                 TITLE II--OTHER TRANSITION ASSISTANCE

SEC. 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.''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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