[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7732 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7732

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2024

Mr. Van Orden (for himself and Mr. Bost) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committee on Veterans' Affairs, 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 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.

    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 ``Enhancing the Transitioning 
Servicemember's Experience Act'' or the ``ETS Act''.

SEC. 2. TRANSITION ASSISTANCE PROGRAM: AMENDMENTS; PILOT PROGRAM; 
              REPORTS.

    (a) Requirement of Preseparation Counseling: Number of Days.--
Subsection (a) of section 1142 of title 10, United States Code, is 
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 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.''.
    (b) 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 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.''.
    (c) 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.''.
    (d) 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.''.
    (e) 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)''.
    (f) 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.
    (g) 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.''.
    (h) 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.''.
    (i) 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.
    (j) Coordination With Solid Start Program of the Department of 
Veterans Affairs.--Such section is further amended, in subsection (d)--
            (1) in the heading, by striking ``Medical'' and inserting 
        ``Certain'';
            (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 determination of the Secretary concerned under 
        subsection (b)(20) regarding such member.''.
    (k) 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.''.
    (l) Department of Labor Employment Navigator and Partnership 
Program.--
            (1) Establishment of program.--Section 1144 of title 10, 
        United States Code, is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (4), by inserting ``and'' 
                        after the semicolon;
                            (ii) by striking paragraphs (5) and (6); 
                        and
                            (iii) by redesignating paragraph (7) as 
                        paragraph (5);
                    (B) by redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively; and
                    (C) 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, resume 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.''.
            (2) 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.
    (m) 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 one-on-one;
                    (B) be tailored to the participating military 
                spouse;
                    (C) be offered at least once per calendar quarter;
                    (D) be offered at times including nights and 
                weekends; and
                    (E) 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 four military installations 
        of each of the covered Armed Forces.
            (6) 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.
            (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.
            (9) Reports; tracking system.--
                    (A) 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:
                            (i) 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.
                            (ii) The average period of time between 
                        when a member begins to receive preseparation 
                        counseling and the day the member separates, 
                        retires, or is discharged.
                            (iii) The number of members who began to 
                        receive preseparation counseling and then re-
                        enlisted or agreed to a new period of obligated 
                        service.
                            (iv) The number of members who began to 
                        receive preseparation counseling and then were 
                        deployed.
                            (v) The number of members assigned to each 
                        pathway under subsection (c) of such section.
                            (vi) The frequency with which the commander 
                        of a military installation received a briefing 
                        regarding the Transition Assistance Program.
                    (B) 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--
                            (i) 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);
                            (ii) that contains the number of members of 
                        the Armed Forces who attended such 
                        presentations; and
                            (iii) that includes any recommendations of 
                        the Secretary regarding changes to such 
                        presentation or to such paragraph.
                    (C) Tracking of timeliness.--
                            (i) 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.
                            (ii) 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.

    (a) 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.
    (b) 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--
            (1) differences in criteria for participation between the 
        Armed Forces;
            (2) other differences in Skillbridge programs between the 
        Armed Forces;
            (3) best practices in Skillbridge programs across the Armed 
        Forces, including--
                    (A) the selection of employers; and
                    (B) the development of contracts; and
            (4) 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.

    (a) Definition.--Section 4101 of title 38, United States Code, is 
amended in paragraph (5)--
            (1) in subparagraph (A), by striking the comma at the end 
        and inserting a semicolon;
            (2) in subparagraph (B), by striking ``power, or'' and 
        inserting ``power;''
            (3) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (4) 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.''.
    (b) Outreach.--Section 4103A(a)(1) of such title is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``and certain eligible persons'' after ``eligible veterans'';
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) 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.

    (a) 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''.
    (b) Provision of TAP Materials.--Such paragraph is further 
amended--
            (1) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (E) through (I), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
            ``(D) furnishing TAP materials to veterans;''.
    (c) Assessment of TAP.--Such paragraph is further amended, in 
subparagraph (I), as redesignated, by inserting ``and of TAP'' before 
the period.
    (d) Definitions.--Such section is further amended--
            (1) by striking paragraph (3) of subsection (b); and
            (2) 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.''.
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