IMPROVE Transition for Servicemembers Act

II 116TH CONGRESS 1ST SESSION S. 1555 To amend title 10, United States Code, to improve the Transition Assistance Program for members of the Armed Forces, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 21, 2019 Mr. CRAPO (for himself, Ms. STABENOW, Mrs. SHAHEEN, and Mr. GARDNER) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the Transition Assistance Program for members of the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Improving Preparation and Resources for Occupational, 5 Vocational, and Educational Transition for 6 Servicemembers Act’’ or ‘‘IMPROVE Transition for 7 Servicemembers Act’’. 8 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 2 •S 1555 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Recodification, consolidation, and improvement of certain transition-re- lated counseling and assistance authorities. Sec. 3. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 4. Personnel matters in connection with Transition Assistance Program. Sec. 5. Systems for tracking participation in Transition Assistance Program and related programs. Sec. 6. Surveys on member experiences with Transition Assistance Program counseling and services and in transition to civilian life. Sec. 7. Command matters in connection with transition assistance programs. Sec. 8. Comptroller General of the United States report on participation in transition assistance programs at small and remote military in- stallations. Sec. 9. Education of members of the Armed Forces on career readiness and professional development. Sec. 10. Sense of Congress on Transition Assistance Program and other transi- tion-related assistance for members of the Armed Forces. (c) APPROPRIATE COMMITTEES OF CONGRESS DE- 3 FINED.—In this Act, the term ‘‘appropriate committees of 4 Congress’’ means— 5 (1) the Committee on Armed Services and the 6 Committee on Veterans’ Affairs of the Senate; and 7 (2) the Committee on Armed Services and the 8 Committee on Veterans’ Affairs of the House of 9 Representatives. 10 SEC. 2. RECODIFICATION, CONSOLIDATION, AND IMPROVE- 11 MENT OF CERTAIN TRANSITION-RELATED 12 COUNSELING AND ASSISTANCE AUTHORI- 13 TIES. 14 (a) RECODIFICATION, CONSOLIDATION, AND IM- 15 PROVEMENT OF AUTHORITIES.— 16 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 3 •S 1555 IS (1) IN GENERAL.—Chapter 58 of title 10, 1 United States Code, is amended by striking sections 2 1142 and 1144 and inserting after section 1141 the 3 following new section 1142: 4 ‘‘§ 1142. Transition-related counseling and services: 5 Transition Assistance Program 6 ‘‘(a) PROGRAM REQUIRED.— 7 ‘‘(1) IN GENERAL.—The Secretary of Defense 8 and the Secretary of Homeland Security with re- 9 spect to the Coast Guard when it is not operating 10 as a service in the Navy shall, in cooperation with 11 the Secretary of Labor and the Secretary of Vet- 12 erans Affairs, carry out a program to furnish indi- 13 vidual counseling, information and services described 14 in paragraph (2) to members of the armed forces 15 under the jurisdiction of the Secretary of Defense or 16 the Secretary of Homeland Security, as applicable, 17 whose retirement, separation, or release from active 18 duty is anticipated as of a specific date, and to the 19 spouses of such members. The program shall be 20 known as the ‘Transition Assistance Program’. 21 ‘‘(2) COUNSELING, INFORMATION, AND SERV- 22 ICES.—The counseling, information, and services 23 furnished under the program (in this section re- 24 ferred to as ‘covered counseling, information, and 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 4 •S 1555 IS services’) shall include the following in connection 1 with the transition from military life to civilian life: 2 ‘‘(A) Information on the topics described 3 in subsection (f). 4 ‘‘(B) Training, employment assistance, and 5 other related information and services, includ- 6 ing as described in subsection (h). 7 ‘‘(C) Such other counseling, information, 8 and services as the Secretaries referred to in 9 paragraph (1) consider appropriate to assist 10 members of the armed forces, and their 11 spouses, in the transition from military life to 12 civilian life. 13 ‘‘(3) AGREEMENT.—The Secretaries referred to 14 in paragraph (1) (in this section referred to as the 15 ‘administering Secretaries’) shall enter into a de- 16 tailed agreement to carry out this section. 17 ‘‘(4) CERTAIN RESPONSIBILITIES.—In carrying 18 out the program, the administering Secretaries shall 19 do the following: 20 ‘‘(A) Work together to develop and revise 21 necessary training documents, resources, and 22 curriculum for the purposes of the program. 23 ‘‘(B) In providing information in connec- 24 tion with preseparation counseling under sub- 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 5 •S 1555 IS section (f)(4), use experience obtained from im- 1 plementation of the pilot program under section 2 408 of Public Law 101–237. 3 ‘‘(C) Work with military and veterans’ 4 service organizations and other appropriate or- 5 ganizations to promote and publicize job fairs 6 for members furnished covered counseling, in- 7 formation, and services under the program. 8 ‘‘(D) In the case of members furnished 9 covered counseling, information, and services 10 under the program who have a spouse— 11 ‘‘(i) include the spouse in such coun- 12 seling, information, and services, at the 13 election of the member and the spouse; and 14 ‘‘(ii) provide job placement counseling 15 for the spouse in connection with the tran- 16 sition of the member from military life to 17 civilian life. 18 ‘‘(b) PARTICIPATION OF MEMBERS REQUIRED.—The 19 Secretary of Defense and the Secretary of Homeland Se- 20 curity shall require the participation in the program under 21 this section of all members eligible for assistance under 22 the program. 23 ‘‘(c) SERVICE REQUIRED BEFORE FURNISHING OF 24 PRESEPARATION COUNSELING.— 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 6 •S 1555 IS ‘‘(1) IN GENERAL.—Subject to paragraph (2), 1 the Secretary concerned shall not furnish 2 preseparation counseling under the program under 3 this section to a member who is being discharged or 4 released before the completion of the first 180 con- 5 tinuous days of active duty of the member. 6 ‘‘(2) RETIREMENT OR SEPARATION FOR DIS- 7 ABILITY.—Paragraph (1) shall not apply in the case 8 of a member who is being retired or separated for 9 disability. 10 ‘‘(3) DETERMINATION OF DURATION OF SERV- 11 ICE.—For purposes of calculating the days of active 12 duty of a member under paragraph (1), the Sec- 13 retary concerned shall exclude any day as follows: 14 ‘‘(A) Any day on which the member per- 15 formed full-time training duty or annual train- 16 ing duty. 17 ‘‘(B) Any day on which the member at- 18 tended, while in the active military service, a 19 school designated as a service school by law or 20 by the Secretary concerned. 21 ‘‘(d) COMMENCEMENT AND COMPLETION.— 22 ‘‘(1) COMMENCEMENT.— 23 ‘‘(A) RETIRING MEMBERS.—In the case of 24 a member who is retiring from the armed 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 7 •S 1555 IS forces, the furnishing of covered counseling, in- 1 formation, and services to such member under 2 the program under this section shall commence 3 as early as possible during the 24-month period 4 preceding the anticipated retirement date. 5 ‘‘(B) MEMBERS SEPARATED OR RE- 6 LEASED.—In the case of a member who is 7 being separated or released from the armed 8 forces (other than by retirement), the fur- 9 nishing of counseling, information, and services 10 to such member under the program shall com- 11 mence not later than 365 days before the an- 12 ticipated separation or release date. 13 ‘‘(C) DEADLINE FOR COMMENCEMENT.— 14 Except as provided in paragraph (4), under no 15 circumstances shall the furnishing of covered 16 counseling, information, and services to a mem- 17 ber under the program commence later than 18 365 days before the date of retirement, separa- 19 tion, or release of the member from the armed 20 forces. 21 ‘‘(2) COMPLETION.—Except as provided in 22 paragraph (4), the furnishing of covered counseling, 23 information, and services to a member under the 24 program shall be completed as follows: 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 8 •S 1555 IS ‘‘(A) In the case of a member retiring from 1 the armed forces, by not later than 120 days 2 before the date of retirement. 3 ‘‘(B) In the case of a member otherwise 4 being separated or released from the armed 5 forces, by not later than 90 days before the 6 date of separation or release. 7 ‘‘(3) CONSTRUCTION.—Nothing in this sub- 8 section may be construed to prohibit the furnishing 9 of covered counseling, information, and services to a 10 member under the program, or other counseling, as- 11 sistance, and information and services similar to cov- 12 ered counseling, information, and services, at times 13 other than the times provided for by paragraphs (1) 14 and (2). 15 ‘‘(4) UNANTICIPATED RETIREMENT, SEPARA- 16 TION, OR RELEASE IN CONNECTION WITH 17 PRESEPARATION COUNSELING.—In the event that a 18 retirement or other separation or released from the 19 armed forces is unanticipated until there are 90 or 20 fewer days before the anticipated retirement or sepa- 21 ration or release date, or in the event a member of 22 a reserve component is being demobilized under cir- 23 cumstances in which (as determined by the Sec- 24 retary concerned) operational requirements make the 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 9 •S 1555 IS 120-day or 90-day requirement under paragraph (2) 1 unfeasible, preseparation counseling under the pro- 2 gram shall begin as soon as possible within the re- 3 maining period of service. 4 ‘‘(e) FURNISHING ON IN-PERSON BASIS.— 5 ‘‘(1) IN GENERAL.—Except as provided in para- 6 graph (2), covered counseling, information, and serv- 7 ices under the program under this section shall be 8 furnished to a member on an in-person basis. 9 ‘‘(2) WAIVER.—The Secretary of Defense and 10 the Secretary of Homeland Security, as applicable, 11 may waive the requirement in paragraph (1) with re- 12 spect to a particular member if such Secretary de- 13 termines, using a system established by such Sec- 14 retary for purposes of this paragraph, that the fur- 15 nishing of covered counseling, information, and serv- 16 ices on an online, other electronic, or other basis, 17 rather than on an in-person basis, is necessary to 18 avoid extraordinarily significant impediments to im- 19 mediate mission needs. In issuing any such waiver, 20 such Secretary shall specify, in writing, the grounds 21 for such waiver. 22 ‘‘(f) TOPICS COVERED BY PROGRAM.—The 23 preseparation counseling furnished a member under the 24 program under this section shall include the following: 25 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 10 •S 1555 IS ‘‘(1) Financial planning assistance, including 1 information on budgeting, saving, credit, loans, and 2 taxes. 3 ‘‘(2) An explanation of the procedures for and 4 advantages of affiliating with the Selected Reserve. 5 ‘‘(3) Information on programs and benefits re- 6 lated to veteran status, including— 7 ‘‘(A) a description of health care and other 8 benefits to which the member may be entitled 9 under the laws administered by the Secretary of 10 Veterans Affairs, and information regarding the 11 means by which the member can receive addi- 12 tional counseling regarding the member’s actual 13 entitlement to such benefits and apply for such 14 benefits; 15 ‘‘(B) educational assistance benefits to 16 which the member is entitled under the Mont- 17 gomery GI Bill and other educational assistance 18 programs because of the member’s service in 19 the armed forces; 20 ‘‘(C) a description of the compensation and 21 vocational rehabilitation benefits to which the 22 member may be entitled under laws adminis- 23 tered by the Secretary of Veterans Affairs, if 24 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 11 •S 1555 IS the member is being medically separated or is 1 being retired under chapter 61 of this title; 2 ‘‘(D) information on home loan services 3 and housing assistance benefits available under 4 the laws administered by the Secretary of Vet- 5 erans Affairs and counseling on responsible bor- 6 rowing practices; 7 ‘‘(E) a description, developed in consulta- 8 tion with the Secretary of Veterans Affairs, of 9 the assistance and support services for family 10 caregivers of eligible veterans under the pro- 11 gram conducted by the Secretary of Veterans 12 Affairs pursuant to section 1720G of title 38, 13 including the veterans covered by the program, 14 the caregivers eligible for assistance and sup- 15 port through the program, and the assistance 16 and support available through the program; and 17 ‘‘(F) information, including appropriate 18 training, on eligibility for enrollment and 19 disenrollment in the Survivor Benefit Plan 20 under chapter 73 of this title and other survivor 21 benefits available under the laws administered 22 by the Secretary of Defense or the Secretary of 23 Veterans Affairs. 24 VerDate Sep 11 2014 23:01 May 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42 with BILLS 12 •S 1555 IS ‘‘(4) Information on civilian employment, [Text truncated for display. 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