[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74678-74694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30240]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 88

[Docket ID: DOD-2013-OS-0236]
RIN 0790-AJ17


Transition Assistance Program (TAP) for Military Personnel

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION: Interim final rule.

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SUMMARY: This rule establishes policy, assigns responsibilities, and 
prescribes procedures for administration of the DoD Transition 
Assistance Program (TAP). The goal of TAP is to prepare all eligible 
members of the Military Services for a transition to civilian life, 
including preparing them to meet Career Readiness Standards (CRS). The 
TAP provides information and training to ensure Service members leaving 
Active Duty and eligible Reserve Component Service members being 
released from active duty are prepared for their next step in life 
whether pursuing additional education, finding a job in the public or 
private sector, starting their own business or other form of self-
employment, or returning to school or an existing job. Service members 
receive training to meet CRS through the Transition GPS (Goals, Plans, 
Success) curricula, including a core curricula and individual tracks 
focused on Accessing Higher Education, Career Technical Training, and 
Entrepreneurship.

[[Page 74679]]

    All Service members who are separating, retiring, or being released 
from a period of 180 days or more of continuous Active Duty must 
complete all mandatory requirements of the Veterans Opportunity to Work 
(VOW) Act, which includes pre-separation counseling to develop an 
Individual Transition Plan (ITP) and identify their career planning 
needs; attend the Department of Veterans Affairs (VA) Benefits 
Briefings I and II to understand what VA benefits the Service member 
earned, how to apply for them, and leverage them for a positive 
economic outcome; and attend the Department of Labor Employment 
Workshop (DOLEW), which focuses on the mechanics of resume writing, 
networking, job search skills, interview skills, and labor market 
research.

DATES: Effective date: This rule is effective February 3, 2016.
    Comment date: Comments must be received by January 14, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: http://www.regulations.gov; or
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 
Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, 
DC 20301-9010.
    *Instructions for submitting comments: All submissions received 
must include the agency name and docket number or RIN for this Federal 
Register rule. The general policy for comments and other submissions 
from members of the public is to make these submissions available for 
public viewing on the Internet at http://www.regulations.gov as they 
are received without change, including any personal identifiers or 
contact information.

FOR FURTHER INFORMATION CONTACT: Ron Horne, 703-614-8641.

SUPPLEMENTARY INFORMATION: The DoD is committed to providing military 
personnel from across the Services access to the TAP. The TAP prepares 
all eligible members of the Military Services for a transition to 
civilian life; enables eligible Service members to meet the CRS as 
required by this rule; and is the overarching program that provides 
transition assistance, information, training, and services to eligible 
transitioning Service members to prepare them to be career ready when 
they transition back to civilian life.
    Spouses of eligible Service members are entitled to the DOLEW, job 
placement counseling, DoD/VA-administered survivor information, 
financial planning assistance, transition plan assistance, VA-
administered home loan services, housing assistance benefits 
information, and counseling on responsible borrowing practices. 
Dependents of eligible Service members are entitled to career change 
counseling and information on suicide prevention.
    These revisions will:
     Institutionalize the implementation of the VOW Act of 
2011,
     require mandatory participation in the Department of Labor 
(DOL) Employment Workshop (EW),
     implement the Transition GPS (Goals, Plans, Success) 
curriculum,
     require development of an Individual Transition Plan 
(ITP),
     enhance tracking of attendance at TAP events,
     implement of mandatory Career Readiness Standards (CRS) 
for separating Service members, and
     incorporate a CAPSTONE event to document transition 
readiness and reinforce Commanding Officer accountability and support 
for the needs of individual Service members.
    This rule improves the process of conducting transition services 
for eligible separating Service members across the Military Services 
and establishes the data collection foundation to build short-, medium-
, and long-term program outcomes.
    In August 2011, President Obama announced his comprehensive plan to 
ensure America's Post 9/11 Veterans have the support they need and 
deserve when they leave the military, look for a job, and enter the 
civilian workforce. A key part of the President's plan was his call for 
a ``career-ready military.'' Specifically, he directed DoD and 
Department of Veterans Affairs (VA) to work closely with other federal 
agencies and the President's economic and domestic policy teams to lead 
a Veterans Employment Initiative Task Force to develop a new training 
and services delivery model to help strengthen the transition readiness 
of Service members from military to civilian life.Shortly thereafter, 
Congress passed and the President signed the ``VOW to Hire Heroes Act 
of 2011,'' Public Law 112-56, 201-265, 125 Stat. 715 (``VOW Act''), 
which included steps to improve the existing TAP for Service members. 
Among other things, the ``VOW Act'' made participation in several 
components of TAP mandatory for all Service members (except in certain 
limited circumstances).
    The task force delivered its initial recommendations to the 
President in December 2011 which required implementation of procedures 
to document Service member participation, and to demonstrate Military 
Service compliance with 10 U.S.C. Chapter 58 requirements. The Veterans 
Opportunity to Work (VOW) Act of 2011 mandated transitioning Service 
members participation in receiving counseling and training on VA 
Benefits. VA developed VA Benefits I and II Briefings to meet this 
mandate. The VOW Act also mandated transitioning Service members to 
received counseling and informed of services regarding employment 
assistance. The Department of Labor revised it's curriculum to meet 
this mandate with the Department of Labor Employment Workshop. The VOW 
requirements have been codified in 10 U.S.C. Chapter 58 and attendance 
to all Transition GPS curricula is now documented.
    The redesigned TAP was developed around four core recommendations:
    Adopt standards of career readiness for transitioning Service 
members. Service members should leave the military having met clearly 
defined standards of career readiness.
    Implement a revamped TAP curriculum. Service members should be 
provided with a set of value-added, individually tailored training 
programs and services to equip them with the set of tools they need to 
pursue their post-military goals successfully.
    Implement a ``CAPSTONE''. Service members should be afforded the 
opportunity, shortly before they depart the military, to review and 
verify that they have met the CRS and received the services they desire 
and to be steered to the resources and benefits available to them as 
Veterans.
    Implement a ``Military Life Cycle'' (MLC) transition model. 
Transition preparation for Service members should occur over the entire 
span of their military careers--not just in the last few months of 
their military service.
    Implementation of these recommendations transforms a Service 
member' experience during separating, retiring, demobilizing, or 
deactivating to make the most informed career decisions by equipping 
them with the tools they need to make a successful transition.
    The rule discusses a redesigned program which implements, the 
transition-related provisions of the ``VOW Act'' and recommendations of 
the Task Force to offer a tailored curriculum providing Service members 
with useful and quality instruction with

[[Page 74680]]

connections to the benefits and resources available to them as 
Veterans. At the heart of the redesign is the new set of CRS. Just as 
Service members must meet military mission readiness standards while on 
Active Duty, Service members will meet CRS before their transition to 
civilian life.
    Spouses of eligible Service members are entitled to the DOLEW, job 
placement counseling, DoD/VA-administered survivor information, 
financial planning assistance, transition plan assistance, VA-
administered home loan services, housing assistance benefits 
information, and counseling on responsible borrowing practices. 
Dependents of eligible service members are entitled to career change 
counseling and information on suicide prevention.

Regulatory Impact Analysis

    As part of the regulatory process, DOD is required to develop a 
regulatory impact analysis (RIA) for rules with costs or benefits 
exceeding $100 annually. DOD estimates implementation of this interim 
rule for the Department will have a cost of approximately $100M or more 
annually starting in 2016. DoD assumes that the annual outlays will 
continue.

I. Alternatives Analysis

    In President Obama's speech in August of 2011 at the Washington 
Navy Yard, he used the term `Reverse Boot Camp' to demonstrate his 
vision for a redesigned TAP to increase the preparedness of Service 
members to successfully transition from military service to civilian 
communities. The President's use of language initiated an interagency 
discussion on an approach to mirror the Military Services' ``basic or 
initial entry training'' programs. This approach would require the 
Military Services to devote approximately 9 to 13 weeks, depending on 
curriculum development, outcome measures, assessments and individual 
military readiness and cultural differences, to afford Service members 
the opportunity to use all aspects of a rigorous transition preparation 
program.
    While no cost estimates were conducted, this approach was deemed 
both expensive and would jeopardize DoD's ability to maintain mission 
readiness. Approximately 200,000-250,000 Service members leave DOD each 
year. To concentrate on transition preparation during the last 9 to 13 
weeks of an individual's military career would not be workable since 
mission readiness could not absorb the impact of the void. 
Additionally, there would be a an increased expense required to 
activate or mobilize Reserve Component or National Guard personnel for 
the nine to 13 weeks prior to transition. Finally, logistical 
challenges could result from Service members dealing with TAP 
requirements while deployed. For example, units scheduled to mobilize 
would be delayed because a returning unit could occupy facilities (such 
as billeting, classrooms, and training areas) that the deploying units 
needed to train and prepare for mobilization.
    A second alternative considered was establishment of regional 
residential transition centers staffed by personnel from all Military 
Services, the Departments of VA, Labor (DoL), and Homeland Security 
(U.S. Coast Guard), the U.S. Small Business Administration (SBA), and 
the OPM. Transitioning Service members would be sent on temporary duty 
for a period of four to six weeks, 12 months prior to their separation 
or retirement date to receive transition services. Eligible Reserve 
Component Service members would be assigned to the centers as a 
continuation of their demobilization out-processing. The potential 
costs to build or modify existing facilities, or rent facilities that 
would meet regional residential transition center requirements, as well 
as costs for Service member travel to and from the regional centers, 
reduced the viability of this approach.
    A third, less expensive option would have left the existing TAP 
program intact without increasing counselor and curriculum facilitation 
resources. This option would not have accountability systems and 
procedures to demonstrate compliance with the ``VOW Act'' that mandates 
preseparation counseling, attendance at the DOL's three day Employment 
Workshop (DOLEW), and attendance at two VA briefings. Due to increasing 
Veteran unemployment and homeless percentages at the time of the 
decision, and the rebalancing of the military force, this cost neutral 
approach would not have the outcome-based capability intended to 
develop career ready skills in transitioning Service members. This 
option, which would not have met the requirements of the law, would 
cost the Military Services approximately $70M versus the fiscal year 
2013 (FY13) $122M for the implementation of the re-designed TAP.

II. Anticipated Costs and Benefits

    The ``VOW Act'' mandated preseparation counseling, VA Benefits 
Briefings I and II, and the DOLEW and these components were implemented 
in November 2012. On the same day, the ``VOW Act'' requirements became 
mandatory; DoD published a policy to make CRS and Commanding Officer 
verification that Service members are meeting CRS, mandatory. ``Vow 
Act'' compliance and CRS must be met by all Service members after they 
have served 180 days in active duty status. Service members must attend 
Transition GPS (Goals, Plans, Success) curriculum modules that build 
career readiness if they cannot meet the CRS on their own. In cases 
where Service members receive a punitive or Under Other Than Honorable 
Conditions discharge, Commanding Officers have the discretion of 
determining participation in the other than mandatory Transition GPS 
curricula. By policy, all Service members who do not meet the CRS will 
receive a warm handover to DOL, VA, or other resources targeted at 
improving career readiness in the area where the standard was not met.
    The entire Transition GPS curriculum is now available online 
through Joint Knowledge Online (JKO); however, Service members must 
attend preseparation counseling, VA briefings, and the DOLEW in person. 
All other curriculum can be accessed through the JKO virtual platform. 
The virtual curriculum (VC) was launched at the beginning of FY14. DoD 
expected a cost savings in FY14 due to use of the VC but the cost 
avoidance cannot be calculated, as VC utilization is appropriate on a 
Service member-by-Service member basis.
    Further, resource requirements for DoD become more predictable when 
transition assistance is provided at pre-determined points throughout 
the MLC TAP model, mitigating the impacts of ``surge'' periods when 
large numbers of Service members separate, demobilize or deactivate. 
The FY13 cost to DoD to implement the TAP redesign was $122M and in 
FY14 DoD costs were $85M. The difference is attributed to both 
implementation costs of the updated program in FY13 and to efficiencies 
discovered as implementation was completed throughout FY14. These costs 
represent only the portion of the interagency program that is paid by 
the DoD. The cost covers Defense civilian and contracted staff (FTEs) 
salaries and benefits at 206 world-wide locations. Civilian and 
contract labor account for approximately 88% of total program costs in 
both fiscal years. The remaining costs include equipment, computers 
(purchase, maintenance and operations), Information Technology (IT) and 
architecture, data collection and sharing, Web site development, 
performance evaluation and assessments, curriculum development and 
modifications, materials (audio-visual, CDs, eNotebooks, handouts,

[[Page 74681]]

interactive brick and mortar classroom sessions, virtual curriculum, 
etc.), facilitation training, research, studies, and surveys. Within 
DoD, the re-designed TAP capitalized upon existing resources, e.g., use 
of certified financial planners housed in the Military Services' family 
centers to conduct financial planning or military education counselors 
used to conduct the Accessing Higher Education (AHE) track. Other 
efficiencies include reuse or upgrades to current facilities and 
classrooms used to deliver legacy TAP. Implementation costs in FY13 
included equipping classrooms to allow individual internet access and 
train-the-trainer workshops to deliver the DoD portions of the 
Transition GPS curriculum. Examples of efficiencies discovered in FY14 
include providing train-the-trainer courses through webinars and 
savings associated with Service members using the VC.
    The DoD provides military spouses the statutory requirements of TAP 
as prescribed in Title 10, United States Code. Other elements of TAP, 
prescribed by DoD policy, are available to spouses if resources and 
space permits. Military spouses can attend the ``brick and mortar'' 
Transition GPS curriculum at no cost on a nearby military installation. 
They can also take the entire Transition GPS curriculum online, 
virtually, at any time, from anywhere with a computer or laptop for 
free.
    Many of our Veteran and Military Service Organizations, employers 
and local communities provide transition support services to local 
installations. Installation Commanders are strongly encouraged to 
permit access to Veteran Service Organizations (VSOs) and Military 
Service Organizations (MSOs) to provide transition assistance-related 
events and activities in the United States and abroad at no cost to the 
government. Two memos signed by Secretary of Defense Chuck Hagel 
reinforce such access. The memos are effective within 60 days of the 
December 23 signing, and will remain in effect until the changes are 
codified within DoD.\1\ Access to installations is for the purpose of 
assisting Service members with their post-military disability process 
and transition resources and services. The costs to VSOs and MSOs would 
be any costs associated with salaries for paid VSO and MSO personnel. 
These organizations will pay for any costs associated with travel to 
and from military installations, as well as any materials they provide 
to separating Service members and their spouses. Costs to employers and 
community organizations supporting transition-related events and 
activities would be similar to those for VSOs and MSOs.
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    \1\ DoD Memos signed 12/23/2014. ``Installation Access and 
Support Services to VA-Recognized Veteran Service Organizations/
Military Service Organizations'' and ``Installation Access and 
Support Services for Nonprofit Non-Federal Entities.''
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    The DoD is dependent upon other federal agencies to deliver the 
redesigned TAP to transitioning Service members. The VA, DOL, SBA, 
Department of Education (ED), and Office of Personnel Management (OPM) 
have proven to be invaluable partners in supporting the Transition GPS 
curriculum development and delivery, and in providing follow-on 
services required by a warm handover due to unmet CRS. These 
interagency partners strongly support TAP governance and performance 
measurement.
    Although DoD cannot estimate the costs for its interagency 
partners, TAP provides the Service members with resources through the 
contributions of its interagency partners that should be identified as 
factors of total program cost. Transition assistance is a comprehensive 
interagency effort with contributions from every partner leveraged to 
provide support to the All-Volunteer Force as the Service members 
prepare to become Veterans. The interagency partners deliver the 
Transition GPS curriculum and one-on-one services across 206 military 
installations across the globe. DoD can only speak to TAP costs within 
the Defense fence line, but can discuss the value provided by 
interagency partners.
    The DOL provides skilled facilitators that deliver the DOLEW, a 
mandatory element of the Transition GPS standardized curriculum. DOL's 
American Jobs Centers (AJCs) provide integral employment support to 
transitioning Service members and transitioned Veterans. The AJCs are 
identified as resources for the Service members during TAP, which may 
increase visits from the informed Service members. The AJCs also 
support warm handovers of Service members who have identified 
employment as a transition goal on their ITP but do not meet the CRS 
for employment. DOL also provides input to the TAP interagency working 
groups and governance boards, and is involved in the data collection, 
performance measurement, and standardization efforts, all of which 
represent costs to the organization.
    The SBA provides the Transition GPS entrepreneurship track, Boots 
to Business, to educate transitioning Service members interested in 
starting their own business about the challenges small businesses face. 
Upon completing the Boots to Business track, the SBA allows Service 
members to access the SBA on-line entrepreneurship course, free of 
charge. The SBA then provides Service members the opportunity to be 
matched to a successful businessperson as a mentor. This is a 
tremendous commitment that must create additional costs for the SBA. 
The SBA offices continue to provide support to Veterans as they pursue 
business plan development or start up loans; provision of this support 
is in their charter, but the increased awareness provided through the 
Transition GPS curriculum is likely to increase the patronage and 
represent a cost to SBA. The SBA also provides input to the TAP 
interagency working groups and governance boards. The SBA is engaged 
with data collection and sharing efforts to determine program outcomes.
    VA provides facilitators who deliver the mandatory VA Benefits 
Briefings I and II as part of the Transition GPS standardized 
curriculum required to meet ``VOW Act'' requirements. The VA 
facilitators also deliver the two-day track for Career Technical 
Training that provides instruction to Service members to discern the 
best choices of career technical training institutions, financial aid, 
best use of the Post 9/11 GI Bill, etc. Benefits counselors deliver 
one-on-one benefits counseling on installations, as space permits. As a 
primary resource for Veterans, VA ensures benefits counselors are able 
to accept warm handovers of transitioning Service members who do not 
meet CRS and require VA assistance post separation. The VA hosts a web 
portal for connectivity between employers and transitioning Service 
members, Veterans and their families. VA provides input to the TAP 
interagency working groups and governance boards, and is involved in 
the data collection and sharing efforts to determine program outcomes, 
all of which represent costs to the organization.
    ED serves a unique and highly valued role in the interagency 
partnership by ensuring the entire curriculum, both in classroom and 
virtual platform delivery, is based on adult learning principles. Their 
consultative role, tapped daily by the interagency partners, is 
critical to a quality TAP. ED also provides input to the TAP 
interagency working groups and governance boards and keeps a keen eye 
toward meaningful TAP outcomes, all of which represent costs to the 
organization.
    The OPM contributes federal employment information and resources to 
the DOLEW, and enables the connectivity between the VA's Web

[[Page 74682]]

portal and USA Jobs Web sites. The OPM also provides input to the TAP 
interagency working groups and governance boards and contributes to 
performance measures.
    The costs to DoD's interagency partners were not calculated; 
implementation of this rule was mandated by the ``Vow Act'' and costs 
for all parties are already incurred. The calculated costs to DoD and 
unmeasured costs to DoD's interagency partners provide significant 
resources to Service members resulting in benefits to the Nation.
    The benefits of the redesigned TAP to the Service members are 
increased career readiness to obtain employment, start their own 
business or enter career technical training or an institution of higher 
learning at the point of separation from military service. The legacy, 
end-of-career TAP is replaced by pre-determined opportunities across 
the MLC for many transition-related activities to be completed during 
the normal course of business. Since a direct economic estimate of the 
value of TAP is difficult for DoD to demonstrate as it would require 
collection of information from military personnel after they become 
private citizens, the value of the TAP can be derived by demonstrating 
qualitatively how Service members value the program and then displaying 
some changes in economic variables that can be differentiated between 
Veterans who have access to TAP and non-Veterans who do not have access 
to the program.

--According to one independent evaluation of the TAP, Service members 
who had participated in the TAP had, on average, found their first 
post-military job three weeks sooner than those who did not participate 
in the TAP.\2\
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    \2\ Source: Veterans Employment and Training Service (DOL VETS) 
VETS Fact Sheet 1: Transition Assistance Program.
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--An independent survey asked Soldiers who had used the TAP their 
opinions about the curriculum. The Soldiers reported positive opinions 
about the usefulness of the TAP. 90% of the Soldiers felt that it was a 
useful resource in searching for employment and 88% of them would 
recommend the TAP to a colleague.\3\
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    \3\ Source: Faurer, J., Rogers-Brodersen, A. and Bailie, P. 
(2014). Managing the Re-employment of Military Veterans through the 
Transition Assistance Program (TAP). Journal of Business and 
Economics. 12 (1), 55-60.

    According to a curriculum assessment completed at the end of each 
TAP module, transitioning Service members gave the TAP positive reviews 
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on its usefulness for their job search:

--92% of reported that they found the learning resources useful, 
including notes, handouts, and audio-visuals.
--83% reported that the modules enhanced their confidence in their own 
transition planning.
--81% reported that they now know how to access the necessary resources 
to find answers to transition questions that may arise in the next 
several months.
--79% said that the TAP was beneficial in helping them gain the 
information and skills they needed better to plan their transition.
--79% said that they will use what they learned from the TAP in their 
own transition planning.\4\
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    \4\ Source: Statement of Dr. Susan Kelly Before the House 
Veterans Affairs Committee Subcommittee on Economic Opportunity 
(September 17, 2014).
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--A comparison of unemployment insurance usage suggests that recently 
separated members of the military (2013 & 2014) were more likely to 
apply what they learned in the re-designed TAP and were more involved 
earlier in job training programs than unemployed claimants who did not 
have military experience (8.5% of UCX claimants versus 5.1% of Military 
service claimants).\5\
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    \5\ Source: Paul Heaton, RAND Corporation, Why is Veteran 
Unemployment So High?
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--According to the Bureau of Labor Statistics, the unemployment rate 
for Veterans of the current conflict declined by 1.8 percentage points 
from August 2013 to August 2014 coinciding with the time period when 
all Service members were required to take the re-designed TAP.\6\
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    \6\ Source: Bureau of Labor Statistics, Employment Situation of 
Veterans, 2014. (March 18, 2015).

    The TAP also helps mitigate the adjustment costs associated with 
labor market transition. Military members must prepare for the 
adjustments associated with losing military benefits (e.g. housing, 
health care, child care) to the benefits afforded in private sector or 
nonmilitary public sector jobs. The TAP addresses this very important 
aspect based on a regulatory mandate that they attend both the DOLEW 
and the VA's Veterans Benefits Briefings, and complete a 12-month post-
separation financial plan to meet CRS.
    The early alignment of military skills with civilian workforce 
demands and deliberate planning for transition throughout a Service 
member's career sets the stage for a well-timed flow of Service members 
to our Nation's labor force. Employers state that transitioning Service 
members have critical job-related skills, competencies, and qualities 
including the ability to learn new skills, strong leadership qualities, 
flexibility to work well in teams or independently, ability to set and 
achieve goals, recognition of problems and implementation of solutions, 
and ability to persevere in the face of obstacles. However, application 
of these skills and attributes must be translated into employer 
friendly language. The TAP addresses these issues. The VA web portal 
supports providing private and public sector employers with a direct 
link to profiles and resumes of separating Service members where 
employers can recruit from this talent pipeline.
    The rule benefits communities across the country. Civilian 
communities receive more educated, better-trained and more prepared 
citizens when separating Service members return to communities as 
Veterans. Service members learn to align their military skills with 
civilian employment opportunities, which enables the pool of highly 
trained, adaptable, transitioning Service members a more timely 
integration into the civilian workforce and local economies. Service 
members also learn through TAP about the rich suite of resources 
available to them from the interagency partners and have, for the 
asking, one-on-one appointments with interagency partner staff, who can 
provide assistance to Service members and their families both before 
and after the Service member leaves active duty. More specifically, the 
components of the mandatory CRS target deliberate planning for 
financial preparedness as well as employment, education, housing and 
transportation plans and, for those Service members with families, 
childcare, schools, and spouse employment. The DoD and interagency 
partners incorporated the warm handover requirement for any 
transitioning Service member who does not meet the CRS. The warm 
handover is meant to serve as an immediate bridge from DoD to the 
federal partners' staffs, which are committed to providing needed 
support, resources and services to Service members post separation in 
the communities to which the Service members are returning. The 
intention is to provide early intervention before Veterans encounter 
the challenges currently identified by some communities, e.g., 
financial struggles, unemployment, lack of social supports that can 
spiral down into homelessness, risk taking behaviors, etc. Families and 
communities benefit.
    The Task Force established expectations for program performance 
measures and outcomes. The redesigned TAP Interagency Executive Council 
and Senior Steering Group laid the preliminary groundwork to measure

[[Page 74683]]

long-term program outcomes. While DoD is statutorily limited to measure 
outcomes while Service members are active duty, DoD performance 
measures are intended to demonstrate outcomes of the TAP redesign 
within DoD. These include the verified number of Service members 
separated from active duty who meet ``VOW Act'' mandates and who meet 
CRS prior to separation. At the end of fiscal year 2014, 76.4% of 
separated Active Duty members met ``VOW Act'' requirements and 84% met 
CRS.
    These measures set the stage for future long-term measures when 
transitioning Service members become Veterans. The DoD's TAP 
Information Technology (IT) architecture and data collection processes 
enable future data sharing with our Federal partners to show program 
effectiveness. The DoD requires the interagency support of its partners 
to further develop and collect data to define a relationship between 
TAP attendance, ``VOW Act'' compliance and CRS and long-term outcome 
measures, e.g. optimal use of Post 9/11 GI Bill benefits and long-term 
earnings of Post 9/11 Veterans.

Justification for Interim Final Rule

    The provisions of the Administrative Procedure Act (APA) 5 U.S.C. 
553 requiring notice and public comment are inapplicable because this 
rule involves a military function of the United States (5 U.S.C. 
553(a)(1)) since it addresses the training and transitioning of 
military members to civilian life. Nonetheless, DOD is providing the 
public with an opportunity to review and comment on this rule because 
it is being published to redesign the two decades-old program and make 
Post 9/11 transitioning Service members career ready. This redesign 
requires an unprecedented interagency commitment of staffing, programs, 
and resources across 206 military installations as well as a culture 
change within DoD. Timely and full execution of the redesign is of 
significant Congressional interest with three hearings already 
conducted and more scheduled in the coming months. In the last of four 
reports to the White House, The Military Life Cycle Transition 
Assistance Program (MLC TAP) Implementation Plan, the Military 
Departments stated one of the barriers and risks for implementing the 
redesigned TAP is the lack of a signed policy from DoD. DoD's 
interagency partners' budgets and resources are best estimates, pending 
the issuance of this rule which DOD's partners are required to support. 
The Military Services are hindered in submitting accurate Program 
Objective Memorandums (POMs) unless official DoD policy is in place to 
support their resource and funding requirements.

Retrospective Review

    This rule is part of DoD's retrospective plan, completed in August 
2011, under Executive Order 13563, ``Improving Regulation and 
Regulatory Review.'' DoD's full plan and updates can be accessed at 
http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036. As 
required by Executive Order (EO) 13563, DoD intends to conduct periodic 
reviews along with its partner agencies to modify, or repeal, aspects, 
as appropriate, and after public notice and comment. DOD expects to 
conduct a review no later than five years from the publication of this 
interim rule. With regard to a number of aspects of this rule, possible 
modifications will be considered based on public comments and related 
internal studies. DoD intends to synthesize and review available data 
on such things including new and historical information on transition 
assistance milestones once a member becomes a veteran. For example, how 
many veterans use their Post-9/11 GI Bill, how many complete a degree, 
how long does it take for a veteran to find employment following 
separation from the military? Following this, DOD may propose 
modifications to the current provisions of the existing rule.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This interim final rule has been designated an 
``economically significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB) under the requirements of these 
Executive Orders.

Congressional Review Act (5 U.S.C. 801)

    Under the Congressional Review Act, a major rule may not take 
effect until at least 60 days after submission to Congress of a report 
regarding the rule. A major rule is one that would have an annual 
effect on the economy of $100 million or more or have certain other 
impacts. This interim final rule is a major rule under the 
Congressional Review Act.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This rule will not 
mandate any requirements for State, local, or tribal governments, nor 
will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The DoD certifies that this interim final rule is not subject to 
the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this rule does not impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1980.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This interim final rule will not have a substantial 
effect on State and local governments.

List of Subjects in 32 CFR Part 88

    Employment, Military personnel.

    Accordingly 32 CFR part 88 is revised to read as follows:

[[Page 74684]]

PART 88--TRANSITION ASSISTANCE PROGRAM (TAP) FOR MILITARY PERSONNEL

Sec.
88.1 Purpose.
88.2 Applicability.
88.3 Definitions.
88.4 Policy.
88.5 Responsibilities.
88.6 Procedures.
Appendix A to Part 88--Career Readiness Standards
Appendix B to Part 88--MLC TAP
Appendix C to Part 88--Pre-Separation or Transition Counseling
Appendix D to Part 88--IDP and ITP
Appendix E to Part 88--Transition GPS (Goals, Plans, Success)
Appendix F to Part 88--DOLEW Exemptions
Appendix G to Part 88--Virtual Curricula
Appendix H to Part 88--Capstone
Appendix I to Part 88--Data, Information Collection, Data Sharing, 
and Management Portfolio

    Authority:  10 U.S.C. Chapter 58.


Sec.  88.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
prescribes procedures for administration of the DoD TAP.


Sec.  88.2  Applicability.

    This part:
    (a) Applies to the Office of the Secretary of Defense (OSD), the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff (CJCS) and the Joint Staff (JS), the Combatant Commands, the 
Office of the Inspector General of the Department of Defense, the 
Defense Agencies, the DoD Field Activities, and all other 
organizational entities within the DoD (referred to collectively in 
this part as the ``DoD Components'').
    (b) Does not apply to members of the Army and Air National Guard 
serving under 32 U.S.C. 101.


Sec.  88.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    Active Component (AC). Defined in 10 U.S.C. 101.
    Active Duty. Defined in 10 U.S.C. 101.
    Active Service. Defined in 10 U.S.C. 101.
    Active Status. Defined in 10 U.S.C. 101.
    Brick and mortar classroom. A learning environment where 
participants attend a Transition Goals, Plans, Success (GPS) module in 
a traditional classroom facility led by an in-person instructor or 
facilitator.
    Credentialing. The act of obtaining certificates, licensure, or 
other official verification of competency accepted by civilian industry 
or federal, State, or local authorities.
    Career Readiness Standards (CRS). A set of common and specific 
activities and associated relevant deliverables (documentation within 
the last 12 months) that must be achieved to demonstrate Service 
members are prepared to transition effectively to pursue their personal 
post-separation higher education, career technical training, and 
civilian employment goals.
    Continuum of Military Service Opportunity Counseling. Counseling 
that provides information to AC Service members on the procedures for 
and advantages of affiliating with the Selected Reserve, pursuant to 10 
U.S.C. 1142.
    Department of Labor (DOL) American Job Centers. American Job 
Centers (or AJCs) provide free help to job seekers and employers for a 
variety of career and employment-related needs. More than 2,500 AJCs 
are located throughout the United States. Priority of service applies 
to employment and training programs funded by the Department of Labor. 
Many locations have staff directly assigned to assist veterans in 
finding employment. Although the AJC makes assistance available to 
everyone looking for a job, veterans are given priority. Priority of 
Service for veterans at the AJC is offered to all veterans. This means 
that veterans are offered services before non-veterans and have 
priority of access to all DOL-funded employment and training programs 
offered at the AJC.
    DOL Employment Workshop. Mandatory DOL-led workshop, which focuses 
on the mechanics of resume writing, networking, job search skills, 
interview skills, and labor market research.
    DOL Gold Card. The Gold Card initiative is a joint effort of the 
Department of Labor's Employment and Training Administration (ETA) and 
the Veterans' Employment and Training Service (VETS). An eligible 
veteran can present the Gold Card at his/her local AJC to receive 
enhanced intensive services including up to six months of follow-up.
    Eligible Service member. Defined in 10 U.S.C. 101.
    Facilitator. A person trained or qualified as a subject matter 
expert to deliver appropriate components of Transition GPS. The 
facilitator's primary duty is presenting instruction, information, and 
engaging curricula to ensure Service members meet learning objectives.
    Individual Development Plan (IDP). A written plan designed to meet 
particular goals for individual career development that is aligned with 
the eligible Service member's organizational and operational missions. 
It outlines developmental objectives with training activities (e.g., 
professional military education and military certifications). Service 
members will align the IDP effectively to make use of active duty time, 
experiences, training, and education towards personal long-term post-
transition career goals.
    Individual Transition Plan (ITP). An OSD standardized document that 
is created, evolves and is maintained by the Service member that 
provides the framework to perform detailed assessments of their 
personal and professional preparedness to achieve realistic career 
goals after separation from active duty.
    Involuntary separation. A Service member is considered to be 
involuntarily separated if the member was involuntarily discharged or 
denied reenlistment under adverse or other-than-adverse conditions 
(e.g., force shaping) pursuant to 10 U.S.C. 1141.
    ITP Checklist. An automated tool to document that Service members 
have met the CRS.
    ITP Review. A module in the transition GPS Core Curricula where TAP 
staff explains the purpose, use, function, and responsibilities 
associated with the ITP. Eligible Service members must produce evidence 
of this deliverable indicating they met this CRS before separation, 
retirement, or release from active duty.
    Job placement counseling. Transition services pursuant to 10 U.S.C. 
1142 for one-on-one counseling that refines and guides spouses of 
eligible Service members on all facets of the job search process, to 
include writing resumes.
    Military Occupation Code (MOC) Crosswalk. A curriculum that 
translates military skills, training, and experience into 
identification of required civilian credentialing appropriate for 
civilian jobs.
    National Guard. Defined in 10 U.S.C. 101 and 32 U.S.C. 101.
    Personal Financial Planning. A curriculum that provides Service 
members with skills to develop a post-separation 12-month budget. It 
also assists Service members in learning how to manage their own 
finances as civilians, both at home and in the workplace.
    Recovering Service member. Defined in Department of Defense/
Department of Veterans Affairs, Wounded, Ill, and Injured Senior 
Oversight Committee Memorandum, ``Implementation of Wounded, Ill and 
Injured Related Standard Definitions,'' December 10, 2008.

[[Page 74685]]

    Relocation assistance. Information about the benefits and services 
provided by the Military Departments related to transport of household 
goods for transitioning Service members and their dependents and any 
entitlements for storage.
    Reserve Component (RC). Defined in 10 U.S.C. 101 and 37 U.S.C. 101. 
The Reserve Corps of the Public Health Service is not eligible for TAP 
services.
    Resilient Transitions. A module in the Transition GPS Core 
Curriculum that introduces participants to resources on transition-
related issues, including stress management, considerations for 
families, support systems, value of a mentor, and special issues, that 
eligible Service members and their families may encounter as they 
prepare for a post-military life. These issues may have a significant 
negative impact on the transition process if overlooked. The focus of 
the curriculum is to connect the Service member with agencies and 
organizations based on the individual Service member's need for support 
and guidance.
    Short notice separation. An unanticipated separation with 30 days 
or fewer before separation, retirement, or release from active duty.
    TAP Coordinating Council. Individuals designated in this part to 
participate in updating and improving the TAP. The TAP Coordinating 
Council meets at least quarterly.
    TAP Governance Body. A structure, established in October 2013, 
comprised of interagency senior leadership from the DoD, VA, DOL, 
Department of Homeland Security (DHS), Department of Education (ED), 
Small Business Administration (SBA), and the Office of Personnel 
Management (OPM), that steers and monitors implementation of the TAP 
redesign and modifies TAP, as needed, to meet the changing environment 
consisting of the TAP Executive Council (EC) and the Senior Steering 
Group (SSG). See Interagency Statement of Intent, ``Transition 
Assistance for Separating Service Members'' (available at http://prhome.defense.gov/RFM/TVPO) for a description of the TAP governance 
structure.
    TAP interagency parties. By law, Federal agencies are required to 
deliver TAP services to transitioning Service members. See Sec.  88.6 
for a list of the TAP interagency parties.
    TAP Staff. Subject matter experts hired by OSD and the Military 
Services, to provide services and programs that prepare Service members 
for transition from active duty to civilian life.
    Targeted population. A population of eligible Service members 
consisting of those who are:
    (1) 18 to 24 years old;
    (2) Completing first-term enlistments;
    (3) Involuntarily separating due to force shaping; and/or
    (4) Separating on short notice from military service.
    Transition. The preparation and process for moving from active duty 
service to the civilian sector.
    Transition GPS. A package of activities and curricula specifically 
designed to provide eligible Service members with the targeted set of 
knowledge, skills, documentation, and assistance required to meet the 
CRS before transition and enable a successful transition from active 
duty to civilian life.
    Transition GPS Core Curricula and Tracks. Components of Transition 
GPS based on value-added learning objectives that enable Service 
members to become career ready. The Core Curricula builds the CRS 
common to all Service members. Transition GPS tracks are chosen by 
Service members to meet Accessing Higher Education and Career Technical 
Training CRS or to pursue business ownership or other self-employment.
    Transition GPS Participant Assessment. A web-based evaluation 
completed by the Service member about the Transition GPS modules, 
tracks, and virtual curricula. It includes curriculum and instruction 
materials, learning outcomes, facilitator performance, facilities, and 
logistics. Participant feedback from the assessment ensures that 
Transition GPS meets the needs and expectations of transitioning 
Service members and is outcome based. Information collected in the 
assessment will support the performance monitoring, evaluation, and 
reoccurring modifications to Transition GPS.
    Transition overview. The Transition GPS module that explains the 
transition process in terms of who, what, where, when, and why. It is 
intended to gain the participant's attention and emphasize the 
importance of preparing for transition and making the most of the 
information provided. It is also intended to provide an overview of the 
Transition GPS Core Curricula program and the benefits of preparation 
for active involvement in each session. A skilled trainer well versed 
in the overall TAP should facilitate the transition assistance overview 
session.
    Unanticipated Separation. Service members released from active duty 
before completion of enlistment, contract, or orders.
    VA Benefits Briefings I and II. VA-led mandatory briefings that 
provide eligible Service members with hands-on training and information 
on available veterans' benefits and services.
    Virtual Transition GPS Curricula. A web-based version of the 
Transition GPS curricula that provides an alternative delivery method 
for Service members who cannot attend installation-based training to 
access Transition GPS classes.
    Warm Handover. A Capstone process between respective Military 
Departments and appropriate interagency parties resulting in the 
person-to-person connection of Service members to services and follow-
up resources as needed. The Warm Handover provides a confirmed 
introduction and assurance that the appropriate interagency party/
parties acknowledge(s) that an eligible Service member requires post-
military assistance and the interagency party/parties is/are willing to 
follow through on providing assistance to meet the needs of Service 
members and assist them in attaining the CRS and making a successful 
transition.


Sec.  88.4  Policy.

    It is DoD policy that:
    (a) The TAP:
    (1) Prepares all eligible members of the Military Services for a 
transition from Active Duty back to civilian life.
    (2) Enables eligible Service members to fulfill the requirements of 
the VOW to Hire Heroes Act and meet CRS as required by this part.
    (3) Is the overarching program that provides transition assistance, 
information, training, and services to eligible transitioning Service 
members to prepare them to be career ready when they separate, retire, 
or are released from active duty back to civilian life. The TAP 
consists of multiple elements, including: The Transition GPS curricula, 
the components of which are outlined in appendix E to part 88; policy 
and procedures; information technology (IT) infrastructure; research, 
studies and survey data; performance measures and outcomes; 
assessments; curricula development in both brick and mortar and virtual 
settings and modifications; CRS; accountability data; and resources 
required to implement transition assistance.
    (b) Components are integrated throughout the eligible Service 
member's Military Life Cycle (MLC) TAP at key touch points. The 
Transition GPS component of TAP consists of curriculum, counseling, 
information, referral, and deliverables to enable

[[Page 74686]]

eligible Service members to meet the CRS.
    (c) This policy establishes a TAP interagency governance structure 
according to DoD Instruction 5105.18, ``DoD Intergovernmental and 
Intragovernmental Committee Management Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/510518p.pdf), referred to in 
this part as the TAP EC and SSG. DoD will support and carry out the DoD 
mission of the governance structure as set out in the Interagency 
Statement of Intent, dated August 15, 2013, ``Transition Assistance for 
Separating Service Members.'' The EC will designate working groups as 
appropriate. DoD representation to working groups will be in accordance 
with Sec.  88.5 of this part.


Sec.  88.5  Responsibilities.

    (a) Under the authority, direction, and control of the Under 
Secretary of Defense (Personnel and Readiness) (USD(P&R)), the 
Assistant Secretary of Defense for Manpower and Reserve Affairs 
Readiness and Force Management (ASD(M&RA)):
    (1) Provides policy, direction, and oversight to the Transition to 
Veterans Program Office (TVPO);
    (2) Provides oversight and governance for the TAP and serves as the 
DoD lead chair of the TAP EC on a rotational basis with DOL and the VA;
    (3) Oversees TAP policy and programs, monitors compliance with TAP 
provisions, and provides guidance to DoD Component heads; and
    (4) Coordinates with the CJCS to provide JS Senior Enlisted Advisor 
participation for the TAP EC and Senior Enlisted Advisor representation 
to the TAP SSG;
    (b) Under the authority, direction, and control of USD(P&R)), the 
Assistant Secretary of Defense for Health Affairs (ASD(HA)):
    (1) Ensures that the Defense Health Agency provides transitional 
medical and dental care information pursuant to 10 U.S.C. 1145 to the 
TVPO for incorporation into Pre-separation Counseling; and
    (2) Provides representation to the TAP EC and SSG working groups, 
as necessary;
    (c) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Reserve Affairs (ASD(RA)):
    (1) Helps the TVPO establish and publish guidance for participation 
in the TAP that is specific to eligible RC Service members as defined 
in law and policy;
    (2) Coordinates with TVPO to integrate elements of Transition GPS, 
before the DD Form 214, ``Certificate of Release from Active Duty,'' 
August 20, 2009, into the Yellow Ribbon Reintegration Program in 
conjunction with the policy established in DoD Instruction 1342.28, 
``DoD Yellow Ribbon Reintegration Program (YRRP)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134228p.pdf), as appropriate;
    (3) Provides Executive Director, Family and Employer Programs 
Policy, Senior Executive Service (SES), representation to the TAP SSG; 
and
    (4) Provides representation to the TAP EC and SSG working groups, 
as necessary.
    (d) Under the authority, direction, and control of the (ASD (M&RA), 
the Deputy Assistant Secretary of Defense for Military Community and 
Family Policy (DASD(MC&FP)):
    (1) Develops policy and programs in DoD Instruction 1342.22, 
``Military Family Readiness'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134222p.pdf) and other applicable MC&FP issuances 
that complements TAP;
    (2) Coordinates with TVPO on the roles, responsibilities, and 
policies set out in DoD Instruction 1342.22. The roles include 
coordination with:
    (i) Installation education officers that impact the delivery of the 
Transition GPS Accessing Higher Education track;
    (ii) Certified financial counselors that impact the delivery of the 
Transition GPS Core Curricula Personal Financial Planning for 
Transition module;
    (iii) TAP staff, in conjunction with Military Departments whose 
staff are functionally aligned with DASD(MC&FP), regarding the delivery 
of the Transition GPS components to enable eligible Service members to 
meet CRS;
    (3) Provides policy regarding job placement counseling for the 
spouses of eligible transitioning Service members and career change 
counseling to Service members and dependents of eligible Service 
members in accordance with 10 U.S.C. Chapter 58; and
    (4) Provides representation to the TAP EC and SSG working groups, 
as necessary.
    (e) Under the authority, direction, and control of the (ASD(R&FM)), 
the Deputy Assistant Secretary of Defense for Military Personnel Policy 
(DASD(MPP)) provides:
    (1) Information and updates on entitlements and policies affecting 
eligible Service members as defined in law and policy; and
    (2) Representation to the TAP EC and SSG working groups, as 
necessary.
    (f) Under the authority, direction, and control of the ASD(R&FM), 
the Deputy Assistant Secretary of Defense for Readiness (DASD(R)):
    (1) Provides information and updates on entitlements and policies 
affecting eligible Service members as defined in law and policy;
    (2) To the extent possible and where available, ensures DASD(R) 
programs and policies related to job training, employment skills 
training, apprenticeships, and internships complement those programs 
and policies that govern the TAP that fall under the purview of TVPO in 
conjunction with DoD Instruction 1322.29, ``Job Training, Employment 
Skills Training, Apprenticeships, and Internships (JTEST-A1) for 
Eligible Service Members'' (available at http://www.dtic.mil/whs/directives/corres/pdf/132229p.pdf);
    (3) Coordinates private-sector credentialing, licensing, and 
training outreach, and collaborates with the TVPO to align transition 
preparation across the MLC TAP and facilitate the military talent 
pipeline from the Military Departments to the civilian work force; and
    (4) Provides representation to the TAP EC and SSG working groups, 
as necessary;
    (g) Under the authority, direction, and control of the USD(P&R), 
the Director, Department of Defense Human Resource Activity (DoDHRA) 
provides:
    (1) Administrative support to TVPO, including human capital, 
funding, and logistics; and
    (2) Representation to the TAP EC and SSG working groups, as 
necessary.
    (h) Under the authority, direction, and control of the Director, 
DoDHRA, the Director, Defense Suicide Prevention Office (DSPO):
    (1) Provides suicide prevention and resource information to TVPO 
for incorporation into Transition GPS programming for eligible Service 
members as defined in statute and policy pursuant to 10 U.S.C. Chapter 
58;
    (2) Coordinates with TVPO on the role, responsibilities, and 
training of Suicide Prevention Program Managers (SPPMs), in conjunction 
with the Military Departments as it relates to Transition GPS; and
    (3) Provides representation to the TAP EC and SSG working groups, 
as necessary.
    (i) Under the authority, direction, and control of the Director, 
DoDHRA, the Director, Defense Manpower Data Center (DMDC):

[[Page 74687]]

    (1) Oversees implementation of the TAP data collection, data 
sharing, and IT portfolio management requirements as described in this 
section;
    (2) Provides assistance to TVPO with the establishment of business 
processes for data collection, data sharing, web services, and cost 
sharing related to IT portfolio management requirements in this part;
    (3) Provides representation to the TAP EC and SSG working groups, 
as necessary; and
    (4) Provides program status updates, as determined by the TVPO, 
based on data housed within DMDC capabilities;
    (j) Under the authority, direction, and control of the ASD(R&FM), 
the Director, TVPO:
    (1) Coordinates TAP policies, programs, and delivery with the 
USD(P&R);
    (2) Develops policy, strategic guidance, and program goals for the 
TAP and Transition GPS; and reviews, modifies, and reissues such 
guidance, as required;
    (3) Oversees the Military Departments' implementation of TAP;
    (4) Implements the requirements of the TAP governance bodies as 
defined by Interagency Statement of Intent, ``Transition Assistance for 
Separating Service Members'';
    (5) In conjunction with ASD(R&FM), supports and coordinates 
meetings and activities for TAP governance bodies, as defined in Sec.  
88.3;
    (6) Serves as the DoD lead chair of the TAP SSG on a rotational 
basis with DOL and VA;
    (7) Establishes processes to monitor compliance with statutory 
mandates and other performance management requirements, as appropriate;
    (8) Establishes automated data collection processes through secure 
electronic data transfer, in conjunction with the Military Departments, 
partner agencies, and DMDC. (See paragraph (c) of appendix I to part 
88);
    (9) Before submission of operational execution plans, coordinates 
with the Military Departments and must receive approval from Director, 
TVPO, before final submission of operational execution plans, system 
modifications, or development of new systems that fall under DoD TAP 
data and information requirements.
    (i) Implementation of any new IT system or capability; or
    (ii) Revision to an existing system or capability of the Military 
Departments that support the TAP.
    (10) Coordinates and collaborates with the interagency parties and 
other organizations, as appropriate, in accordance with a Memorandum of 
Understanding among the DoDVADOLEDDHS, SBA, and OPM ``Transition 
Assistance Program for Separating Service Members'' (available at 
http://prhome.defense.gov/RFM/TVPO/), to facilitate delivery of 
Transition GPS curricula, resources, and services, and to determine 
data sharing requirements;
    (11) Coordinates with DMDC to provide TVPO-approved web-based 
services to the Military Departments for electronic transmission of DD 
Form 2958, ``Service Member's Individual Transition Plan Checklist'' 
and DD Forms 2648 or 2648-1, ``Pre-separation or Transition Counseling 
Checklist for Active Component (AC) Service Members'' and ``Transition 
Assistance Program (TAP) Checklist for Deactivating/Demobilizing 
National Guard and Reserve Service Members,'' respectively;
    (12) Establishes a performance management framework to determine 
current and future resourcing and requirements;
    (13) Analyzes data to evaluate the overall performance of the TAP;
    (14) Establishes, reviews, assesses, and evaluates the 
effectiveness of Transition GPS;
    (15) Oversees and monitors the development, delivery, maintenance, 
modification, and quality assurance of the Transition GPS brick-and-
mortar and virtual curricula, products, and CRS deliverables, in 
accordance with this paragraph and MOU among DoD, VA, DOL, ED, DHS, 
SBA, and OPM, ``Transition Assistance Program for Separating Service 
Members.'' Develops brick-and-mortar and virtual curricula for the 
components of Transition GPS that fall under the purview of DoD and 
coordinates with interagency partners on their respective curriculums;
    (16) Coordinates with interagency parties, the Military 
Departments, and Joint Knowledge Online (JKO), on the methods, 
processes, and standards used to deliver Transition GPS brick-and-
mortar and virtual curricula, products, and deliverables used within 
Transition GPS, in accordance with MOU among DoD, VA, DOL, ED, DHS, 
SBA, and OPM, ``Transition Assistance Program for Separating Service 
Members'' and this part;
    (17) Monitors Transition GPS curricula delivery by TVPO and 
Military Departments by conducting evaluations and participant 
assessments;
    (18) Updates DD Forms 2648, 2648-1 and 2958 in conjunction with the 
Military Departments, within 180 days of legislative changes that 
affect eligible Service members, as appropriate;
    (19) Develops, maintains, standardizes, and oversees usage of the 
ITP at the appropriate time in an eligible Service member's MLC TAP in 
conjunction with Military Departments;
    (20) Establishes and leads TAP Coordinating Council consisting of 
subject matter experts from the DoD Components, to formulate, review, 
and update TAP policies and programs. Collaborates and coordinates on 
the development of the Military Departments' implementation plans 
related to TAP. RC members appointed to the TAP Coordinating Council 
will be determined pursuant to guidance from the Director, TVPO and in 
consultation with the Military Departments;
    (21) Designates the DoD lead for the EC Transition Assistance 
Working Group. Conducts outreach to private- and public-sector entities 
to improve transition preparation in order to keep transition services 
aligned to the needs of the civilian labor market; and
    (22) Expands TAP services through online media and other 
cooperative outreach efforts to support eligible Service members and 
their spouses, as defined by statute and policy.
    (k) The Secretaries of the Military Departments:
    (1) Implement and administer TAP in accordance with this part;
    (2) Oversee TAP for their respective AC and RC;
    (3) Coordinate electronically with TVPO their implementation 
guidance pertaining to this part, before publication. A copy of the 
final implementing guidance will be provided to TVPO within 120 days 
from the publication date of this part. Future changes to TAP guidance 
will be forwarded to the TVPO within 30 days of issuance;
    (4) Ensure the Inspector General (IG) of each Military Department, 
including their respective RC, conducts an inspection of TAP in 
accordance with established IG protocols;
    (i) TAP IG inspection findings will be submitted biannually to the 
USD(P&R) no later than January 31 of the fiscal year following the 
previous inspection date.
    (ii) The first TAP IG inspection findings will be submitted two 
full fiscal years from the effective date of this part.
    (5) Internally resource TAP to meet the provisions as defined in 
law and policy;
    (6) Ensure that eligible Service members receive the TVPO 
standardized Transition GPS components, develop a viable ITP, and meet 
CRS;

[[Page 74688]]

    (7) Ensure that Service members who do not meet the CRS or do not 
have a viable ITP receive a warm handover, as defined in Sec.  88.3, to 
the appropriate interagency party;
    (8) Align, administer, and reinforce Transition GPS components and 
resources at appropriate key touch points throughout the MLC TAP of 
eligible Service members to ensure they are afforded the opportunity, 
time, and resources for career readiness preparation. At the 
separation, retirement, or release from active duty touch point all 
Service members must meet the CRS;
    (9) Ensure Service member access to Transition GPS brick-and-mortar 
and virtual curricula;
    (10) Provide the opportunity within the officer and enlisted 
evaluation systems to use the rate at which Service members within a 
command have met the CRS, as a performance criteria;
    (11) In order to execute Transition GPS in accordance with MOU 
among DoD, VA, DOL, ED, DHS, SBA, and OPM, ``Transition Assistance 
Program for Separating Service Members'' and DoD 5500.07-R, ``Joint 
Ethics Regulation (JER)'' (available at http://www.dtic.mil/whs/directives/corres/pdf/550007r.pdf), DoD Instruction 1344.07, ``Personal 
Commercial Solicitation on DoD Installations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134407p.pdf), DoD Instruction 
1000.15, ``Procedures and Support for Non-Federal Entities Authorized 
to Operate on DoD Installations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/100015p.pdf), DoDI 1322.25, ``Voluntary 
Education Program,'' and DoDI 1322.19, ``Voluntary Education Program in 
Overseas Areas'' to allow facility access to interagency parties on 
installations in the United States and abroad;
    (12) Encourage installation commanders to permit properly vetted 
civilian employers to have access to transition assistance-related 
events and activities in the United States and abroad in accordance 
with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, ``Transition 
Assistance Program for Separating Service Members,'' DoD 5500.07-R, and 
DoD Instruction 1344.07, at no cost to the U.S. Government. Access must 
be for the purpose of offering job opportunities, mentoring, 
internships, or apprenticeships leading to employment. Educational 
institution access will also be in accordance with DoD Instruction 
1322.25, ``Voluntary Education Program,'' and DoD Instruction 1322.19, 
``Voluntary Education Program in Overseas Areas;''
    (13) Strongly encourage installation commanders to permit access to 
VSOs and MSOs to transition assistance-related events and activities in 
the United States and abroad in accordance with MOU among DoD, VA, DOL, 
ED, DHS, SBA, and OPM, ``Transition Assistance Program for Separating 
Service Members,'' DoD 5500.07-R, and DoD Instruction 1344.07, at no 
cost to the U.S. Government. Access must be for the purpose of 
assisting Service members with the pre- and post-military disability 
claim process and transition resources and services;
    (14) Assign the appropriate Departmental Deputy Assistant Secretary 
or Director to serve as a TAP SSG member (e.g., Civilian Personnel/
Quality of Life; Air Force Management Integration; Fleet and Family 
Readiness); and
    (15) Provides representatives to the TAP EC working groups, as 
necessary.
    (l) The Chief of the National Guard Bureau assigns the Director of 
Personnel, an SES, to serve as a TAP SSG member.
    (m) In addition to the responsibilities in paragraph (k) of this 
section and in consultation with the Commandant of the U.S. Marine 
Corps (USMC), the Secretary of the Navy (SECNAV):
    (1) Develops joint implementation instructions to ensure statutory 
compliance for all eligible transitioning USMC and U.S. Coast Guard 
(USCG), personnel whenever the Coast Guard operates as a service in the 
Navy pursuant to 10 U.S.C. 5033 and 14 U.S.C. 3.
    (2) Assigns an SES member to serve as TAP SSG member.


Sec.  88.6  Procedures.

    (a) Military Department Requirements. The Military Services' 
additional requirements include:
    (1) Perform these TAP operations and resource management functions:
    (i) Develop requirements and budgets for the Program Objective 
Memorandum (POM); Future Year Defense Program (FYDP); and program 
budget reviews, as required to comply with TAP requirements. Coordinate 
with OSD TVPO for TAP resource advocacy throughout these cycles.
    (ii) Establish program elements or accounting codes to separately 
and independently verify and review the monthly Military Department-
funded execution data (i.e., program funding levels, obligations, 
disbursements) in Defense Finance and Accounting Service (DFAS) reports 
and submit to TVPO quarterly. Any decrement to Military Department TAP 
annual program funding of 5% or greater must be reported to TVPO.
    (iii) Identify and submit TAP-related issues at the general or flag 
officer and SES equivalent level to the TVPO in a timely manner so that 
TAP-related issues can go before the SSG for discussion and decision.
    (2) Coordinate with TVPO on implementation of any new IT systems or 
capabilities and revisions to existing systems that support the TAP. 
TVPO will have final approval on any new IT systems and or 
modifications. TVPO approval will be obtained before the Military 
Departments implement any IT systems modifications or develop any new 
systems that support TAP. See paragraph (c) of appendix I to part 88.
    (3) Use TVPO-selected standardized individual assessment tools.
    (4) Ensure that Service members receive an individualized 
assessment, pursuant to this paragraph, of the various positions of 
civilian employment in the private sector for which members may be 
qualified as a result of the skills developed through MOC 
qualification, successful completion of resident training courses, 
attainment of military ranks or rates, or other military experiences.
    (5) Develop, maintain, document, and oversee the IDP process.
    (6) Inform and educate unit, command, and installation leadership 
on their responsibility to administer the TAP to ensure that eligible 
Service members meet the CRS before separation, retirement, or release 
from active duty.
    (7) Identify the eligible population for Transition GPS services.
    (8) Identify and provide qualified counselors and trained 
instructors to facilitate the Transition GPS core curricula and 
Accessing Higher Education track.
    (9) Coordinate with DSPO SPPMs at the local installation level to 
provide information in support of the Transition GPS Core Curricula 
module on resilient transitions and to distribute suicide prevention 
information and resources pursuant to 10 U.S.C. Chapter 58 .
    (10) Release eligible Service members during duty hours to complete 
the Transition GPS and exempt them from normal duty for the full 24-
hour period of each workshop or briefing day and the 12 hours 
immediately preceding and following each workshop or briefing.
    (11) Provide eligible Service members with the link to the TVPO 
web-based Transition GPS Participant Assessment and encourage them to 
complete it at the end of each Transition GPS brick-and-mortar and 
virtual curricula module

[[Page 74689]]

or group of modules. Responses will not identify individual Service 
members.
    (12) Establish a process within the military personnel 
organizations of the Military Departments to receive a legible copy of 
the completed and authenticated DD Forms 2648 or 2648-1 from the TAP 
staff. The process will include a mechanism to verify transmission of 
the form to the eligible Service member's permanent official military 
personnel file.
    (13) Maintain or establish permanent employment assistance centers 
at appropriate military installations pursuant to 10 U.S.C. 1143.
    (14) Use appropriate assets at military installations and in the 
local community to enhance Transition GPS in accordance with DoD 
5500.07-R and DoD Instruction 1344.07.
    (15) Coordinate with the appropriate TAP interagency parties for 
scheduling and conducting the VA Benefits Briefings I and II and Career 
Technical Training track; DOLEW and SBA Entrepreneurship track in 
accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, 
``Transition Assistance Program for Separating Service Members.''
    (16) Coordinate warm handovers and Capstone support with 
interagency parties.
    (17) Provide classroom space. Classes cannot exceed 50 participants 
(facilitator-to-student ratio should be 1:50 per separate classroom). A 
minimum of 10 participants is required to conduct a class. Military 
Departments will provide classrooms, appropriate facilities, IT 
infrastructure, fully-functioning web access, equipment, including 
classroom computers or accommodation for personal computers to enable 
effective Transition GPS instruction and counseling in accordance with 
MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, ``Transition Assistance 
Program for Separating Service Members;'' provide adequate facilities 
and workspace for instruction and counseling as agreed to by 
interagency parties also in accordance with MOU among DoD, VA, DOL, ED, 
DHS, SBA, and OPM, ``Transition Assistance Program for Separating 
Service Members.'' Military Departments may request exceptions for 
classrooms of more than 50 or less than 10 participants on a case-by-
case basis. Such requests will be handled by the local installation 
level staff with partner agencies.
    (18) Provide reasonable accommodations that enable wounded, ill or 
injured recovering Service members to successfully complete TAP.
    (b) TAP Implementation. (1) Development of brick-and-mortar and 
virtual curricula, staff training, and delivery of certain elements of 
the Transition GPS Core Curricula and Transition GPS tracks will be 
conducted in coordination and conjunction with the TVPO and appropriate 
TAP interagency parties in accordance with MOU among DoD, VA, DOL, ED, 
DHS, SBA, and OPM, ``Transition Assistance Program for Separating 
Service Members.''
    (2) Interagency parties, and their respective curriculas consist 
of:
    (i) VA: Provides the VA Benefits Briefings I and II and Career 
Technical Training track.
    (A) The VA hosts a web portal for connectivity between employers 
and transitioning Service members, Veterans and military spouses.
    (B) The VA web portal supports providing private and public sector 
employers with a direct link to profiles of separating Service members.
    (ii) DOL: Provides the DOLEW.
    (iii) SBA: Provides the Entrepreneurship track.
    (iv) OPM: In conjunction with DOL, reviews and provides federal job 
search curriculum content for use in the DOLEW.
    (v) ED: Consultative reviews of curricula to ensure accuracy of 
content, employment of adult learning principles, and to enhance adult 
learning experiences.
    (vi) DHS: Coordinates and plans for USCG participation in the TAP, 
in accordance with this paragraph. MOU among DoD, VA, DOL, ED, DHS, 
SBA, and OPM, ``Transition Assistance Program for Separating Service 
Members,'' and pursuant to 14 U.S.C. 13
    (vii) DoD provides transition overview, resilient transitions, MOC 
Crosswalk, Financial Planning for Transition, ITP review, and Accessing 
Higher Education.
    (c) TAP Eligibility--(1) Service Members. (i) Eligible Service 
members who have completed their first 180 days or more of continuous 
active duty in accordance with 10 U.S.C. 1142 are eligible for the 
following components of Transition GPS:
    (A) Pre-separation or Transition Counseling.
    (B) Transition GPS Core Curricula.
    (C) Transition GPS Tracks.
    (D) Capstone.
    (ii) RC members may choose to decline pre-separation or transition 
counseling, using the DD Form 2648 or DD Form 2648-1, for each 
successive period of active duty under 10 U.S.C. 1142 consisting of 180 
days or more of continuous active duty.
    (iii) Eligible Service members may choose to participate in one or 
more of the individual Transition GPS tracks, if resources, capacity, 
and operational requirements allow, based on the Service member's 
interests and ability to meet the CRS and complete the track.
    (iv) A minimum day requirement for Pre-separation or Transition 
Counseling does not apply to eligible Service members who are retiring 
or separating due to a disability.
    (v) Administrative and punitive separations change the eligibility 
of Service member's participation as follows:
    (A) Pre-separation or transition counseling will not be provided to 
a Service member who is being discharged or released before the 
completion of that member's first 180 continuous days or more on active 
duty pursuant to 10 U.S.C. 1142.
    (B) All Service members shall participate in all mandatory 
components of Transition GPS. In cases where Service members receive a 
punitive or ``Under Other Than Honorable Conditions'' discharge, 
Commanders have the discretion to determine participation in the 
remaining Transition GPS curricula in consultation with interagency 
partners, as appropriate.
    (2) Spouses and dependents. (i) Pursuant to 10 U.S.C. 1144, spouses 
of eligible Service members are entitled to the DOLEW.
    (ii) Pursuant to 10 U.S.C. 1142 spouses of eligible Service members 
are entitled to:
    (A) Job placement counseling for spouses and career change 
counseling to dependents of eligible members in accordance with 10 
U.S.C. 1142. See paragraph (d)(3) of Sec.  88.5 for the spouse job 
placement counseling responsibilities of the DASD(MC&FP).
    (B) DoD and VA administered survivor benefits information.
    (C) DoD financial planning assistance, including information on 
budgeting, saving, credit, loans, and taxes.
    (E) VA-benefits orientation, such as education, employment, home 
loan services, housing assistance benefits information, and responsible 
borrowing practices counseling.
    (iii) Pursuant to 10 U.S.C. 1142, eligible Service members and 
their dependents are entitled to:
    (A) Career change counseling.
    (B) Information on suicide prevention resource availability 
following military separation, retirement, or release from active duty.
    (iv) Pursuant to 10 U.S.C. 1145, eligible Service members and their 
dependents are entitled to transitional

[[Page 74690]]

medical and health care that will be available for 180 days, beginning 
on the first day after the date of separation, retirement, or release 
from active duty.
    (v) Unless prohibited by statute, spouses of eligible Service 
members are encouraged to participate in Transition GPS as resources 
and capacity allow. Participating spouses may have their attendance 
recorded in accordance with the privacy and information collection 
mandates and requirements of appendix I to part 88 and 32 CFR part 310.
    (vi) Spouses or designated caregivers completing Pre-separation or 
Transition Counseling (using DD Forms 2648 or 2648-1) on behalf of an 
eligible recovering Service member will provide their Social Security 
Number for data collection purposes in accordance with this 
paragraph,10 U.S.C. 1142, DoD Instruction 1342.28 32 CFR part 310 and 
14 U.S.C. 5033.
    (d) Transition GPS Priority of Service. The following is the 
descending order of priority for participation in Transition GPS:
    (1) Eligible Service members identified as part of the targeted 
population, as defined in Sec.  88.3 of this part.
    (2) Eligible Service members closest to their dates of separation, 
retirement, or release from active duty.
    (3) Eligible Service members returning from overseas or assigned to 
remote or isolated and geographically dispersed locations.
    (4) All other eligible Service members that do not fall into the 
categories addressed in paragraphs (a) through (c) of this section.
    (5) Eligible Service members who have attended any previous 
Transition GPS component and who want to repeat a component, as 
resources and capacity allow.
    (6) Spouses of eligible Service members, based on statute and 
policy, as resources and capacity allow.
    (e) Transition GPS participation. All eligible Service members must 
participate in Transition GPS and must meet the Common CRS and the 
specific CRS commensurate with their personal higher education or 
career technical training objectives before separation, retirement, or 
release from active duty. This will be reflected by the discharge date 
recorded on the DD Form 214.

Appendix A to Part 88--Career Readiness Standards

    (a) The CRS are defined as a set of common and specific 
activities and associated relevant deliverables (documentation 
within the last 12 months) that, when achieved, the Service member 
will be able to demonstrate that he or she is prepared to transition 
to effectively and pursue their personal post-separation higher 
education, career technical training, and civilian employment goals. 
General and flag officers are exempt from CRS, completion of the 
ITP, ITP Checklist, and Capstone.
    (b) The CRS are tangible measures of a Service member's 
preparedness for higher education or direct entry into a civilian 
career. The tangible measures consist of:
    (1) Common CRS. All eligible Service members will show 
documented evidence that they have:
    (i) Completed the TVPO standardized ITP. The ITP must document 
the individual's personal employment; higher education; career 
technical training; or entrepreneurship goals, actions, and 
milestones ;
    (ii) Completed the TVPO standardized 12-month post-separation 
budget;
    (iii) Registered for VABenefits online account;
    (iv) Completed the Continuum of Military Service Opportunity 
counseling (AC only);
    (v) Evaluated the transferability of military skills to the 
civilian workforce and completed the TVPO standardized gap analysis 
provided during the MOC crosswalk;
    (vi) Identified requirements and eligibility for certification, 
licensure, and apprenticeship in the Service member's desired 
potential career field;
    (vii) Completed a standardized individual assessment tool, as 
determined by TVPO or the Military Departments, to identify personal 
interests and leanings that will enable informed decision-making 
regarding career selection;
    (viii) Received a DOL Gold Card, as defined in Sec.  88.3, for 
DOL American Job Centers; and
    (ix) Completed a job application package, received a job offer 
letter, or provided proof of future employment. The job application 
package must include the Service member's private or public sector 
resume, personal and professional references, and at least two 
submitted job applications.
    (2) Accessing Higher Education and Career Technical Training 
CRS. Eligible Service members seeking higher education or career 
technical training when they depart from military service will show 
documented evidence that they have:
    (i) Completed a standardized individual assessment tool, 
selected by the Military Departments, to assess aptitudes, 
interests, strengths, or skills used to inform a Service member's 
decisions about selecting higher education and career technical 
training toward a desired future career field;
    (ii) Completed a comparison of higher education or career 
technical training institution options;
    (iii) Completed an application or received acceptance letter 
from a higher education or career technical training institution and
    (iv) Confirmed one-on-one counseling with a higher education or 
career technical training institution advisor via telephone, email, 
or letter.

Appendix B to Part 88--MLC TAP

    (a) Key Touch Points. (1) Key touch points of the MLC TAP are 
reflected in the individual Military Service's plans and will 
include, at a minimum:
    (i) First permanent duty station for AC personnel or first home 
station for RC personnel during initial drilling weekends;
    (ii) Reenlistment;
    (iii) Promotion;
    (iv) Deployment and redeployment or mobilization or activation; 
demobilization or deactivation;
    (v) Change of duty station;
    (vi) Major life events (e.g., change in family status, change in 
Military Occupational Specialty, Navy Rating or Air Force Specialty 
Code); and
    (vii) Retirement, separation or release from active duty.
    (2) Transition GPS services may be made available to ineligible 
RC members during the MLC TAP as resources and capacity allow.
    (b) MLC TAP Timeline. (1) The MLC TAP begins at the first 
permanent duty station or home station, continues throughout the 
military career of an eligible Service member, and culminates at 
Capstone. It includes the development of the IDP. Throughout the MLC 
TAP, Service members will be trained, educated, and postured to 
become career-ready upon separation from military service by 
completing the Transition GPS curriculum to meet the CRS. On 
commencing the transition process, the IDP will migrate into the 
ITP. The MLC TAP will include a Capstone.
    (2) Before participating in Pre-separation or Transition 
Counseling, eligible Service members will complete a standardized 
individual assessment tool, as determined by TVPO or the Military 
Departments, to identify personal interests and leanings that will 
enable informed decision-making regarding career selection.
    (3) Before participating in the Transition GPS Core Curricula, 
eligible Service members will complete a standardized individual 
assessment tool, selected by the Military Departments or TVPO, to 
assess aptitudes, interests, strengths, or skills used to inform a 
Service member's decisions about selecting higher education and 
career technical training toward a desired future career field.
    (4) Eligible RC component Service members, on completion of two 
or more mobilizations, must have a relevant standardized individual 
assessment.

Appendix C to Part 88--Pre-Separation or Transition Counseling

    (a) Pre-Separation or Transition Counseling. Mandatory 
counseling is provided to eligible Service members by TAP staff or 
command career counselors to inform members of services, benefits, 
curricula, assessments, CRS deliverables, and ITP during and after 
their separation, retirement, or release from active duty.
    (1) An appropriate legal representative or ethics official will 
brief eligible Service members on ethics pursuant to DoD 5500.07-R, 
to ensure they understand information on post government (military) 
employment counseling (restrictions on employment, imposed by 
statute and regulation). These briefings shall be conducted by the 
Military Services as appropriate.
    (2) Eligible Service members will receive information from a 
career counselor or transition staff member on how to access and

[[Page 74691]]

use the DD Form 2586, ``Verification of Military Experience and 
Training.''
    (3) Eligible Service members who are voluntarily or 
involuntarily separated under any program initiated by a DoD 
instruction or directive, Congressional directive, Presidential 
executive order, or Military Department regulation, in order to 
ensure good order and discipline, shape the force, or draw down or 
realign forces, will be briefed by a career counselor or transition 
staff member on any special entitlements or benefits associated with 
these programs.
    (4) Eligible Service members retained on active duty past their 
enlistment or reenlistment or contracts for purposes of mission 
essentiality, deployment continuity, or operational requirements, as 
determined by the Secretary concerned, will be briefed by a career 
counselor or transition staff member on any entitlements and 
benefits incurred during involuntary retention actions.
    (5) Eligible Services members will be counseled and provided 
information or referrals, as requested, on all items listed on DD 
Forms 2648 or 2648-1 by the transition staff or command career 
counselors.
    (b) Pre-Separation or Transition Counseling Timeline. Pursuant 
to 10 U.S.C. 1142, Pre-separation or Transition Counseling:
    (1) For retirement purposes, will begin as soon as possible 
during the 24-month period preceding an anticipated retirement date 
but no later than 90 days before retirement; or
    (2) For reasons other than retirement, will begin as soon as 
possible during the 12-month period preceding the anticipated date 
of separation but no later than 90 days before separation, 
retirement, or release from active duty; or.
    (3) Will begin as soon as possible within the remaining period 
of service when:
    (i) A retirement or other separation is unanticipated, and there 
are 90 or fewer days before separation, retirement, or release from 
active duty; or,
    (ii) An eligible RC member is being demobilized or deactivated 
from active duty under circumstances in which operational 
requirements, as determined by the Secretary concerned, make the 90-
day requirement unfeasible.
    (4) Will not be provided to Service members who are discharged 
or released before completing their first 180 continuous days or 
more on active duty, as defined by 10 U.S.C. 1142. This limitation 
does not apply in the case of Service members who retire or separate 
for a disability.
    (c) Involuntary Separations. Eligible Service members, and their 
dependents, undergoing involuntary separation from active duty as 
defined in 10 U.S.C. 1141 and in accordance with DoD Instruction 
1332.30 and DoD Instruction 1332.14, will be made aware that they 
are entitled to:
    (1) Use of commissary and exchange stores during the two-year 
period starting on the date of involuntary separation, pursuant to 
10 U.S.C. 1146;
    (2) Transitional medical and dental health care that will be 
available for 180 days beginning on the first day after the date of 
involuntary separation, pursuant to 10 U.S.C. 1145;
    (3) Extended use of military family housing, subject to overseas 
Status of Forces Agreements, for up to 180 days after separation on 
a space-available basis and potential rental charges, pursuant to 10 
U.S.C. 1147, the Secretary, shall require a reasonable rental charge 
for the continued use of military family housing under paragraph (a) 
of this appendix, except that such Secretary may waive all or any 
portion of such charge in any case of hardship;
    (4) Overseas relocation assistance, including computerized job 
relocation assistance and job search information, pursuant to 10 
U.S.C. 1148;
    (5) Preference in hiring by non-appropriated fund 
instrumentalities, pursuant to 10 U.S.C. 1143; and
    (6) Excess leave for a period not in excess of 30 days or 
permissive temporary duty for a period not in excess of 10 days for 
the purpose of carrying out necessary relocation activities, 
pursuant to 10 U.S.C. 1149.
    (d) Pre-Separation or Transition Counseling Checklist (DD Forms 
2648 or 2648-1). (1) The DD Form 2648 and DD Form 2648-1 will be 
used by eligible Service members to record Pre-separation or 
Transition Counseling.
    (2) In accordance with 32 CFR part 310, privacy information 
contained within these forms will be maintained based on the System 
of Records Notification pertaining to these forms.
    (3) All items on the applicable DD Forms 2648 or 2648-1 will be 
addressed during Pre-separation or Transition Counseling.
    (4) Pre-separation or Transition Counseling checklist data will 
be submitted electronically to DMDC through the DMDC web-based 
service or TVPO-approved systems.

Appendix D to Part 88--IDP and ITP

    (a) IDP. (1) Eligible Service members will initiate an IDP in 
accordance with Military Department regulations and procedures.
    (2) Eligible Service members will document on the IDP the 
actions they must take to achieve their military and post-transition 
career goals and meet the CRS before separation, retirement, or 
release from active duty.
    (3) Commanders, or commanders' designees, will ensure eligible 
Service members develop, update, and maintain the IDP at key touch 
points throughout the MLC TAP, in accordance with Military 
Department regulations and procedures.
    (4) The IDP should be initiated in accordance with Military 
Departments regulations, but no later than 180 days after arrival at 
the first permanent active duty station for AC members or first home 
station for RC members during their initial drilling weekends.
    (5) On the eligible Service member's decision to separate or 
retire or on notification of involuntary separation, the IDP will 
migrate into the ITP.
    (b) ITP. (1) Service members will be introduced to the 
requirement of developing an ITP from their IDP during Pre-
separation or Transition Counseling.
    (2) The ITP is a step-by-step plan derived from the eligible 
Service member's IDP.
    (3) Eligible Service members are required to document their 
post-military personal and professional goals and objectives on the 
ITP.
    (4) The ITP is an evolving document that is reviewed, modified, 
and verified throughout transition preparation.
    (5) ITP responses serve as potential triggers for further action 
by the eligible Service member to connect to the appropriate 
interagency party or subject matter expert for assistance.
    (6) During the ITP review and verification processes, eligible 
Service members must produce evidence of the deliverables that meet 
the CRS before separation, retirement, or release from active duty.
    (c) ITP Checklist (DD Form 2958). (1) The ITP Checklist, in 
conjunction with the ITP, will be used by the commander, or 
commander's designee, to verify that the eligible Service member has 
or has not met the CRS.
    (2) If it is determined that the CRS or a viable ITP have not 
been achieved, then the ITP checklist will document confirmation of 
a warm handover to partner agencies and or other appropriate 
agencies.
    (3) During the ITP review and verification processes, eligible 
Service members must produce deliverables to serve as evidence that 
they are prepared to meet the CRS before separation, retirement, or 
release from active duty.
    (4) ITP Checklist data will be submitted electronically to DMDC 
through the DMDC web-based service or a TVPO-approved system.
    (5) TAP staff will explain to eligible Service members during 
Pre-separation or Transition Counseling how the ITP and Pre-
separation or Transition Counseling checklists work together to 
provide the Service member with a plan for meeting the CRS.

Appendix E to Part 88--Transition GPS (Goals, Plans, Success)

    (a) Transition GPS. (1) Transition GPS is the package of TAP 
resources and services that will be used as a vehicle to enable 
eligible Service members to attain the CRS throughout the MLC TAP.
    (2) Changes, as needed, to the standardized Transition GPS 
brick-and-mortar or virtual curricula, services, and learning 
objectives must be approved by TVPO for implementation across all 
Military Departments.
    (3) The following Transition GPS components require mandatory 
participation unless Service members are exempt:
    (i) Pre-separation or Transition Counseling is mandatory. See 
appendix C to part 88 for Pre-separation or Transition Counseling 
requirements.
    (ii) VA Benefits Briefings I and II are mandatory.
    (iii) Capstone is mandatory. See appendix H to part 88 for 
Capstone requirements.
    (4) Participation in the DOLEW is mandatory, unless exempt. See 
appendix F to part 88 for specific DOLEW exemptions.
    (5) Except for the components designated as mandatory, 
participation in Transition GPS tracks are based on proof of the 
Service member's ability to meet the associated CRS.

[[Page 74692]]

    (6) Transition GPS consist of these components:
    (i) Pre-separation or Transition Counseling. Pre-separation or 
Transition Counseling is mandatory for all eligible Service members 
no later than 90 days before separation, in accordance with 10 
U.S.C. 1142. See appendix C to part 88 for Pre-separation or 
Transition Counseling requirements.
    (ii) Transition GPS Core Curricula. Except for those 
subcomponents designated as mandatory, completion of the following 
subcomponents is determined based on the eligible Service member's 
ability to attain the CRS. The curricula consists of thefollowing 
subcomponents (defined in Sec.  88.3):
    (A) Transition Overview;
    (B) Resilient Transitions;
    (C) MOC Crosswalk;
    (D) Personal Financial Planning for Transition;
    (E) VA Benefits Briefings I and II, to be conducted pursuant to 
10 U.S.C. 1142. Completion of this subcomponent is mandatory;
    (F) DOLEW, to be conducted pursuant to 10 U.S.C. 1144. 
Completion of this subcomponent is mandatory, unless exempt. See 
appendix F to part 88 for DOLEW exemption eligibility; and
    (G) ITP Review.
    (iii) Transition GPS Tracks. (A) Eligible Service members may 
choose to participate in one or more, if resources, capability, and 
operational requirements allow of the Transition GPS tracks based on 
their interests and ability to meet the CRS.
    (B) The outcome of completed tracks will be documented in the 
Service member's ITP and on the ITP checklist, as applicable.
    (C) Eligible Service members may participate in one or more, if 
resource availability and operational requirements allow, of the 
following Transition GPS tracks:
    (1) Accessing Higher Education Track. Eligible Service members 
pursuing higher education will receive guidance to prepare for the 
application process. On completing the Accessing Higher Education 
Track, eligible Service members will be prepared to:
    (i) Complete an application to an accredited academic 
institution offering a sound program of study towards the Service 
member's career aspirations within the member's financial means.
    (ii) Schedule a session with a counselor from an academic 
institution.
    (iii) Meet individually with education counselors, as needed.
    (2) Career Technical Training Track. Eligible Service members 
pursuing career technical training will receive guidance and help in 
selecting schools and technical fields. On completion of the Career 
Technical Training Track, eligible Service members will be prepared 
to:
    (i) Complete an application to an accredited career technical 
training institution offering a sound program of study towards the 
Service member's career aspirations within the member's financial 
means.
    (ii) Schedule a session with a counselor from a career technical 
training institution.
    (iii) Meet individually with career technical training experts 
and VA vocational education counselors, as applicable.
    (3) Entrepreneurship Track. Eligible Service members pursuing 
business ownership or self-employment in the private or non-profit 
sectors will receive information related to the benefits and 
challenges of entrepreneurship, the steps required to pursue 
business ownership and evaluate the feasibility of a business 
concept, and the SBA and other public and private sector resources 
available for further technical assistance and access to capital and 
contracting opportunities. Upon completing of Entrepreneurship 
Track, eligible Service members will have developed the initial 
components of a business feasibility plan at no cost to the 
participant.
    (i) Eligible Service members will be given the opportunity to 
enroll in an optional eight-week online entrepreneurship course 
instructed by professors and practitioners.
    (ii) Eligible Service members will be afforded the opportunity 
to connect with a small business owner as a mentor to assist with 
the business start-up process. A warm handover, as needed, will be 
coordinated through procedures established by the SBA.
    (iv) Capstone. (A) Completion of Capstone is mandatory.
    (B) Capstone provides an opportunity for eligible Service 
members to have attainment of the CRS verified by the commander or 
his or her designee.
    (C) At Capstone, if the Service member cannot meet the CRS 
before transition, the commander or his or her designee confirms and 
documents a warm handover to appropriate interagency parties, or 
local resources. If in the judgement of the Commander or commander's 
designee, it is determined that the Service member does not meet CRS 
or does not have a viable ITP, then he or she must confirm that a 
warm handover takes place with the appropriate interagency parties, 
as needed.
    (b) Command responsibility. (1) Commanders have oversight 
responsibility for Service members achieving CRS via Transition GPS. 
The oversight responsibility may not be delegated. Transition GPS 
may not be delegated except as stated in paragraph (b)(2) of this 
appendix.
    (2) Commanders will:
    (i) Ensure eligible Service members are afforded the 
opportunity, resources, and time to meet the CRS before separation, 
retirement, or release from active duty.
    (ii) Be fully engaged throughout the MLC TAP in enabling Service 
members the opportunity, resources, and time to meet and attain the 
CRS and comply with statutory mandates before separation, 
retirement, or release from active duty.
    (iii) Verify that eligible Service members have met the CRS and 
have a viable ITP during Capstone and ensure that members who did 
not meet the CRS or do not have a viable ITP receive a warm handover 
to the appropriate interagency parties or local resources.
    (iv) Ensure Transition GPS components are delivered at key touch 
points throughout the MLC TAP.
    (v) Ensure development and maintenance of the IDP throughout the 
MLC TAP and afford Service members the opportunity, resources and 
time to meet the CRS.
    (c) Transition GPS timeline. In anticipation of the discharge or 
release from active duty of an eligible Service member, and during 
key touch points in the MLC TAP, the following timeline is 
applicable:
    (1) In the case of an anticipated retirement, the components of 
Transition GPS not yet completed will begin as soon as possible 
during the 24-month period before the retirement date;
    (2) In the case of a separation other than a retirement, the 
components of Transition GPS not yet completed will begin as soon as 
possible during the 12-month period before the anticipated discharge 
date;
    (3) The incomplete components of Transition GPS will begin no 
later than 90 days before separation, retirement, or release from 
active duty except in those cases where statute determines specific 
timelines;
    (4) In the case that there is a retirement or an unanticipated 
separation, and there are 89 days or fewer before discharge or 
release from active duty, the components of Transition GPS not yet 
completed will begin as soon as possible within the remaining period 
of service or the effective date on the DD 214, and the Service 
member must meet all requirements; and
    (5) Transition GPS will begin as soon as possible within the 
remaining period of service when:
    (i) An eligible RC member is being released from active duty 
under circumstances in which operational requirements, as determined 
by the Secretary concerned, make the prescribed timeline unfeasible; 
or
    (ii) There are 90 or fewer days before the anticipated release 
from active duty.

Appendix F to Part 88--DOLEW Exemptions

    (a) The only exemptions to eligible Service member participation 
in the DOLEW portion of the Transition GPS Core Curricula are:
    (1) Eligible Service members retiring after 20 or more years of 
qualifying military service.
    (2) Eligible Service members who, after serving their first 180 
continuous days or more on active duty, pursuant to 10 U.S.C. 1142 
meet at least one of the following criteria:
    (i) Are able to provide documented evidence of civilian 
employment; or.
    (ii) Are able to provide documented acceptance into an 
accredited career technical training, undergraduate, or graduate 
degree program; or.
    (iii) Have specialized skills which, due to unavoidable 
circumstances, are needed to support a unit on orders scheduled to 
deploy within 60 days. The first commander in the eligible Service 
members' chain of command, with authority pursuant to 10 U.S.C. 
chapter 47, also known and referred to as the Uniform Code of 
Military Justice (UCMJ), must certify on the DD Form 2958 any such 
request for exemption from the DOLEW. A make-up plan must accompany 
the postponement certification.
    (iv) Eligible recovering Service members who are separating, 
retiring, or being released from active duty who are enrolled in the 
Education and Employment Initiative, or similar transition program 
designed to secure

[[Page 74693]]

employment, higher education, or career technical training post-
separation. The standardized terms and definitions for wounded, ill, 
and injured are outlined in the DoD/VA Wounded, Ill, and Injured 
Senior Oversight Committee Memorandum, ``Implementation of Wounded, 
Ill, and Injured Related Standard Definitions'' (available at http://www.health.mil/Policies/2008/12/10/Implementation-of-WII-Standard-Definitions).-.
    (b) TAP staff will document on the DD Form 2958 the decision of 
eligible Service members who qualify for an exemption and elect not 
to participate in the DOLEW.
    (c) Eligible RC Service members who have previously participated 
in the DOLEW may request an exemption.
    (d) Eligible Service members who qualify for an exemption may 
still elect to participate in the DOLEW.

Appendix G to Part 88--Virtual Curricula

    (a) DoD Components and Military Departments, in conjunction with 
JKO, DHS, VA, DOL, OPM, SBA and other appropriate interagency 
parties, must leverage the capabilities of web-based adult learning 
to ensure the transitioning force complies with statutory mandates 
to meet the CRS before separation, retirement, or release from 
active duty.
    (b) As provided by TVPO or JKO, the virtual curricula provides 
an alternative delivery of Transition GPS to enable compliance with 
statutory mandates and attainment of the CRS as set by this 
Appendix. Those who can use the virtual curricula include:
    (1) Eligible Service members whose duty locations are in remote 
or isolated geographic areas.
    (2) Eligible Service members who are undergoing short-notice 
separation, as defined in the Sec.  88.3 and pursuant to 10 U.S.C. 
chapter 59, and cannot access brick-and-mortar curricula in a timely 
manner.
    (3) Spouses of eligible Service members, as resources and 
capacity allow.
    (c) A Virtual Curricula must:
    (1) Be easily accessible by eligible Service members through 
JKO;
    (2) Be approved in design, look, color, etc., by the Director of 
TVPO in consultation with the Military Departments and partner 
agencies;
    (3) Include interactive technology tools to monitor Service 
member participation in the training and knowledge gained;
    (4) Include module materials and activities that engage 
participants, support diverse learning styles, foster frequent 
interaction, and encourage meaningful communication and 
collaboration between the participants and instructors;
    (5) Include a data-capture feature or interface with the TVPO 
and DMDC-provided web service or process to ensure Service members 
receive credit for successfully completing the curricula;
    (6) Ensure Virtual Curricula is compliant with section 508 of 
the Rehabilitation Act of 1973 as amended, 29 U.S.C 792.
    (d) The virtual curricula's educational effectiveness and 
teaching and learning process will be assessed through an evaluation 
process that may include Service members' knowledge gain, retention, 
and satisfaction. TVPO will evaluate assessments in collaboration 
with the Military Departments and partner agencies.
    (e) Intended learning outcomes will be reviewed regularly to 
ensure clarity, utility, and appropriateness.
    (f) Documented procedures will be used to assure that security 
of personally identifiable information (PII) is protected in the 
conduct of assessments and evaluations and in the dissemination of 
results in accordance with 32 CFR part 310 and 14 U.S.C. 5033.
    (g) Changes to the DoD virtual curricula will be approved by 
TVPO for implementation across all Military Departments.

Appendix H to Part 88--Capstone

    (a) Review and verification. Capstone is a two-stage process. 
Stage one is an in-depth review of the Service members ITP and CRS, 
which is conducted by TAP staff. Stage two consists of the Commander 
or Commanders' designee verifying that the Service member has a 
viable ITP and has met the CRS. If the Commander or Commanders' 
designee determines that the Service member does not meet CRS or 
does not have a viable ITP, then he or she must confirm that a warm 
handover takes place with the appropriate interagency parties, as 
needed. The review and verification processes may or may not occur 
simultaneously.
    (1) Stage One--Capstone review. During the Capstone review, a 
Service member's ITP, CRS deliverables pertaining to the member's 
personal goals and ITP Checklist will be checked to identify 
shortfalls and determine if the member is at risk of not meeting the 
CRS before separation, retirement, or release from active duty.
    (i) The review will be conducted by:
    (A) A TAP staff member or career counselor for eligible Service 
members in the rank of O-5 or below.
    (B) The first Commander with UCMJ authority in the chain of 
command, or his or her designee, for eligible Service members in the 
rank of O-6 and above.
    (ii) If during the review a Service member is determined to be 
incapable of meeting the CRS or has gaps in the ITP, the TAP staff 
will introduce the member to the necessary resources to assist him 
or her in becoming career ready. Resources include remedial skills 
building via the Transition GPS curricula, one-on-one assistance 
from TAP staff, and assistance from installation or local community 
resources.
    (iii) Service members will document the point of contact name, 
phone number, and email address of remedial resources on the ITP.
    (2) Stage Two--Capstone verification. The eligible Service 
member's Commander or his or her designee will review the ITP, CRS 
deliverables, and DD Form 2958 during Capstone verification to 
determine whether the requirements to complete the CRS have been 
attained.
    (i) In cases where Service members are still not able to meet 
the CRS during Capstone verification, the Commander or his or her 
designee will initiate a warm handover to appropriate partner 
agencies or local resources for post-separation support in the 
community where the Service member plans to relocate; and
    (ii) The Commander or his or her designee will confirm the warm 
handover has occurred by documenting it on the DD Form 2958.
    (3) Completion of Capstone. Service members are to be counseled 
on their ITPs during Capstone. If they do not have a viable ITP or 
meet CRS, they will be referred to further training and services, as 
needed; and connected, as needed, to appropriate interagency parties 
and local resources that provide continued benefits, services, and 
support when they become veterans.
    (b) Timeline. (1) Capstone will be completed for each eligible 
Service member in accordance with the timeline prescribed within 
this appendix to verify the member has met the CRS before 
separation, retirement, or release from active duty.
    (2) Capstone will be completed no later than 90 days preceding 
an anticipated separation, retirement, or release from active duty 
for eligible Service members.
    (3) Exceptions to this timeline are:
    (i) In the case of eligible AC Service members with an 
unanticipated separation of 89 days or fewer before discharge or 
release from active duty, Capstone will begin no later than the date 
of separation as reflected on the DD Form 214.
    (ii) In the case of eligible RC members release from active 
duty, in which operational requirements, as determined by the 
Secretary concerned, make the prescribed timeline unfeasible, 
Capstone will begin no later than the date of release from active 
duty as reflected on the DD Form 214.

Appendix I to Part 88--Data, Information Collection, Data Sharing, and 
Management Portfolio

    (a) Data. Individual eligible Service member Transition GPS data 
and attendance will be stored in the DMDC-provided Web service 
capabilities for:
    (1) DD Forms 2648 or 2648-1;
    (2) Transition Overview;
    (3) Resilient Transitions;
    (4) MOC Crosswalk;
    (5) Personal Financial Planning for Transition;
    (6) VA Benefits Briefings I and II;
    (7) DOLEW;
    (8) ITP Review;
    (9) Tracks;
    (10) ITP Checklist; and
    (11) Participant Assessment.
    (b) Data sharing. (1) Specific information regarding data 
collection, data sharing, assessments, and evaluations can be found 
in the MOU among DOD, VA, DOL, ED, DHS, SBA, and OPM, ``Transition 
Assistance Program for Separating Service Members''. This reference 
serves as the basis of an information sharing agreement between the 
interagency parties and the DoD.
    (2) TVPO will oversee and coordinate sharing requirements and 
authorities for DoD TAP data with interagency parties, as 
applicable.

[[Page 74694]]

    (3) DMDC will process, store, host, and maintain data and 
coordinate data sharing on request that meets established DoD 
information assurance standards in accordance with this appendix and 
32 CFR part 310.
    (4) Each organization requesting TAP data sharing will prepare a 
business case to support the purpose and type of data requested from 
other parties.
    (i) The business case will clearly articulate how the requested 
data enables the parties to meet their mission and better serve 
Service members and veterans.
    (ii) The business case will be submitted to TVPO for review and 
approval.
    (iii) Approved business cases will be submitted to DMDC to set 
up business processes and cost sharing arrangements.
    (5) To ensure protection of PII and privacy:
    (i) The DoD Components and interagency parties will share 
Service member information in accordance with 32 CFR part 310 and 
requirements for collecting, sharing, storing, and maintaining PII. 
They will meet the need, if required, to establish a system of 
records notification; and
    (ii) All official procedures for safeguarding and retaining PII 
will be followed as established in 32 CFR part 310.
    (c) Management Portfolio. (1) DoD TAP data and information 
requirements governed by this appendix will be reviewed by TVPO for 
alignment to the investment and IT portfolios to ensure no 
duplication of capability or system redundancies occur during 
requirement development or IT acquisition.
    (2) TAP data will be shared in a standard form for the 
enterprise to facilitate compliance verification and to measure 
effectiveness of the program.

    Dated: November 23, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-30240 Filed 11-27-15; 8:45 am]
 BILLING CODE 5001-06-P