[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5649


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2018

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
  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 TRANSITION ASSISTANCE

Sec. 101. Access for the Secretaries of Labor and Veterans Affairs to 
                            the Federal directory of new hires.
Sec. 102. Pilot program for off-base transition training for veterans 
                            and spouses.
Sec. 103. Grants for provision of transition assistance to members of 
                            the Armed Forces after separation, 
                            retirement, or discharge.
Sec. 104. Study of community-based transition assistance programs for 
                            members of the Armed Forces after 
                            separation, retirement, or discharge.
Sec. 105. One-year independent assessment of the effectiveness of TAP.
Sec. 106. Longitudinal study on changes to TAP.
                    TITLE II--EDUCATIONAL ASSISTANCE

Sec. 201. Improvements to assistance for certain flight training and 
                            other programs of education.
Sec. 202. Elimination of the period of eligibility for the Vocational 
                            Rehabilitation and Employment program of 
                            the Department of Veterans Affairs.
Sec. 203. Educational assistance during extended school closures due to 
                            natural disasters.

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 ``military departments'' has the meaning given 
        that term in section 101 of title 10, United States Code.

             TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE

SEC. 101. 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. 102. 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. 103. 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) 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).
    (f) Deadline.--The Secretary shall carry out this section not later 
than six months after the effective date of this Act.
    (g) 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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section.

SEC. 104. 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 provide information in the list to members of the Armed Forces who 
participate in TAP.
    (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. 105. 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) Covered Officials Defined.--In this section, the term ``covered 
officials'' is comprised of--
            (1) the Secretary of Defense;
            (2) the Secretary of Labor;
            (3) the Administrator of the Small Business Administration; 
        and
            (4) the Secretaries of the military departments.

SEC. 106. 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.

                    TITLE II--EDUCATIONAL ASSISTANCE

SEC. 201. IMPROVEMENTS TO ASSISTANCE FOR CERTAIN FLIGHT TRAINING AND 
              OTHER PROGRAMS OF EDUCATION.

    (a) Use of Entitlement for Private Pilot's Licenses.--Section 
3034(d) of title 38, United States Code, is amended--
            (1) in paragraph (1) by striking the semicolon and 
        inserting the following: ``and is required for the course of 
        education being pursued (including with respect to a dual 
        major, concentration, or other element of a degree); and'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).
    (b) Accelerated Payments for Flight Training.--Section 3313 of such 
title is amended by adding at the end the following new subsection:
    ``(k) Accelerated Payments for Certain Flight Training.--
            ``(1) Payments.--An individual enrolled in a program of 
        education pursued at a vocational school or institution of 
        higher learning in which flight training is required to earn 
        the degree being pursued (including with respect to a dual 
        major, concentration, or other element of such a degree) may 
        elect to receive accelerated payments of amounts for tuition 
        and fees determined under subsection (c). The amount of each 
        accelerated payment shall be an amount equal to twice the 
        amount for tuition and fee so determined under such subsection, 
        but the total amount of such payments may not exceed the total 
        amount of tuition and fees for the program of education. The 
        amount of monthly stipends shall be determined in accordance 
        with such subsection (c) and may not be accelerated under this 
        paragraph.
            ``(2) Educational counseling.--An individual may make an 
        election under paragraph (1) only if the individual receives 
        educational counseling under section 3697A(a) of this title.
            ``(3) Charge against entitlement.--The number of months of 
        entitlement charged an individual for accelerated payments made 
        pursuant to paragraph (1) shall be determined at the rate of 
        two months for each month in which such an accelerated payment 
        is made.''.
    (c) Flight Training at Public Institutions.--Subsection (c)(1)(A) 
of such section 3313 is amended--
            (1) in clause (i)--
                    (A) by redesignating subclauses (I) and (II) as 
                items (aa) and (bb), respectively;
                    (B) by striking ``In the case of a program of 
                education pursued at a public institution of higher 
                learning'' and inserting ``(I) Subject to subclause 
                (II), in the case of a program of education pursued at 
                a public institution of higher learning not described 
                in clause (ii)(II)(bb)''; and
                    (C) by adding at the end the following new 
                subclause:
                            ``(II) In determining the actual net cost 
                        for in-State tuition and fees pursuant to 
                        subclause (I), the Secretary may not pay for 
                        tuition and fees relating to flight 
                        training.''; and
            (2) in clause (ii)--
                    (A) in subclause (I), by redesignating items (aa) 
                and (bb) as subitems (AA) and (BB), respectively;
                    (B) in subclause (II), by redesignating items (aa) 
                and (bb) as subitems (AA) and (BB), respectively;
                    (C) by redesignating subclauses (I) and (II) as 
                items (aa) and (bb), respectively;
                    (D) by striking ``In the case of a program of 
                education pursued at a non-public or foreign 
                institution of higher learning'' and inserting ``(I) In 
                the case of a program of education described in 
                subclause (II)''; and
                    (E) by adding at the end the following new 
                subclause:
                            ``(II) A program of education described in 
                        this subclause is any of the following:
                                    ``(aa) A program of education 
                                pursued at a non-public or foreign 
                                institution of higher learning.
                                    ``(bb) A program of education 
                                pursued at a public institution of 
                                higher learning in which flight 
                                training is required to earn the degree 
                                being pursued (including with respect 
                                to a dual major, concentration, or 
                                other element of such a degree).''.
    (d) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added 
by subsection (c)(2)(E), is amended by adding at the end the following 
new item:
                                    ``(cc) A program of education 
                                pursued at a public institution of 
                                higher learning in which the public 
                                institution of higher learning enters 
                                into a contract or agreement with an 
                                entity (other than another public 
                                institution of higher learning) to 
                                provide such program of education or a 
                                portion of such program of 
                                education.''.
    (e) Application.--
            (1) In general.--Except as provided by paragraph (2), the 
        amendments made by this section shall apply with respect to a 
        quarter, semester, or term, as applicable, commencing on or 
        after the date of the enactment of this Act.
            (2) Special rule for current students.--In the case of an 
        individual who, as of the date of the enactment of this Act, is 
        using educational assistance under chapter 33 of title 38, 
        United States Code, to pursue a course of education that 
        includes a program of education described in item (bb) or (cc) 
        of section 3313(c)(1)(A)(ii)(II) of title 38, United States 
        Code, as added by subsections (c) and (d), respectively, the 
        amendment made by such subsection shall apply with respect to a 
        quarter, semester, or term, as applicable, commencing on or 
        after the date that is two years after the date of the 
        enactment of this Act.

SEC. 202. ELIMINATION OF THE PERIOD OF ELIGIBILITY FOR THE VOCATIONAL 
              REHABILITATION AND EMPLOYMENT PROGRAM OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) In General.--Section 3103 of title 38, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of such title is amended by striking the item relating to 
section 3103.

SEC. 203. EDUCATIONAL ASSISTANCE DURING EXTENDED SCHOOL CLOSURES DUE TO 
              NATURAL DISASTERS.

    Section 3680 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) School Closure During Natural Disasters.--
            ``(1) In general.--An individual described in paragraph (2) 
        shall be entitled to a monthly stipend in the amount to which 
        the individual would be entitled were the individual pursuing a 
        course of education at an institution of higher education 
        through resident training but for a school closure described 
        under paragraph (4).
            ``(2) Individual described.--An individual described in 
        this paragraph is an individual pursuing a course of education 
        at an institution of higher education using educational 
        assistance under chapter 32, 33, 34, or 35 of this title, who--
                    ``(A) is forced to discontinue pursuing such course 
                at such institution by reason of a school closure 
                described under paragraph (4); and
                    ``(B) opts to--
                            ``(i) pursue that course of education 
                        solely by distance learning; or
                            ``(ii) pursue an alternative course of 
                        education solely by distance learning.
            ``(3) Duration.--The duration of the monthly stipends 
        payable to an individual under paragraph (1) shall be the 
        shorter of the following:
                    ``(A) The period of time necessary to complete the 
                quarter, semester, term or academic period during which 
                the school closure described in paragraph (4) occurs.
                    ``(B) Four months.
            ``(4) School closure.--A school closure described in this 
        paragraph is the closure of an institution of higher 
        education--
                    ``(A) by reason of a natural disaster;
                    ``(B) for a period of time that--
                            ``(i) the institution confirms will last 
                        for four weeks or longer; or
                            ``(ii) the institution describes as 
                        indefinite and that endures for a period of 
                        four weeks or longer; and
                    ``(C) that the Secretary confirms is covered for 
                purposes of this subsection.
            ``(5) Natural disaster defined.--In this subsection, the 
        term `natural disaster' means a specific weather event or earth 
        process, including a hurricane, tornado, wildfire or forest 
        fire, earthquake, avalanche, mudslide, hailstorm, thunderstorm, 
        lightning storm, freeze, blizzard, sinkhole, or other 
        disastrous event that occurs as a result of such an event or 
        process, that the President or the governor of a State declares 
        a natural disaster.
            ``(6) No charge to entitlement.--No charge shall be made to 
        the entitlement of any individual to educational assistance 
        under chapter 32, 


              

        33, 34, or 35 of this title by reason of a payment under this 
        subsection.''.

            Passed the House of Representatives July 24, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.