Sec. 2. Recodification, consolidation, and improvement of certain transition-related counseling and assistance authorities

3,839 words·~17 min read·/bill/116/s/1555/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Chapter 58 of title 10, United States Code, is amended by striking sections 1142 and 1144 and inserting after section 1141 the following new section 1142: The Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy shall, in cooperation with the Secretary of Labor and the Secretary of Veterans Affairs, carry out a program to furnish individual counseling, information and services described in paragraph

(2)to members of the armed forces under the jurisdiction of the Secretary of Defense or the Secretary of Homeland Security, as applicable, whose retirement, separation, or release from active duty is anticipated as of a specific date, and to the spouses of such members. The program shall be known as the Transition Assistance Program . The counseling, information, and services furnished under the program (in this section referred to as covered counseling, information, and services ) shall include the following in connection with the transition from military life to civilian life: Information on the topics described in subsection (f). Training, employment assistance, and other related information and services, including as described in subsection (h). Such other counseling, information, and services as the Secretaries referred to in paragraph

(1)consider appropriate to assist members of the armed forces, and their spouses, in the transition from military life to civilian life. The Secretaries referred to in paragraph

(1)(in this section referred to as the administering Secretaries ) shall enter into a detailed agreement to carry out this section. In carrying out the program, the administering Secretaries shall do the following: Work together to develop and revise necessary training documents, resources, and curriculum for the purposes of the program. In providing information in connection with preseparation counseling under subsection (f)(4), use experience obtained from implementation of the pilot program under section 408 of Public Law 101–237 . Work with military and veterans’ service organizations and other appropriate organizations to promote and publicize job fairs for members furnished covered counseling, information, and services under the program. In the case of members furnished covered counseling, information, and services under the program who have a spouse— include the spouse in such counseling, information, and services, at the election of the member and the spouse; and provide job placement counseling for the spouse in connection with the transition of the member from military life to civilian life. The Secretary of Defense and the Secretary of Homeland Security shall require the participation in the program under this section of all members eligible for assistance under the program. Subject to paragraph (2), the Secretary concerned shall not furnish preseparation counseling under the program under this section to a member who is being discharged or released before the completion of the first 180 continuous days of active duty of the member. Paragraph

(1)shall not apply in the case of a member who is being retired or separated for disability. For purposes of calculating the days of active duty of a member under paragraph (1), the Secretary concerned shall exclude any day as follows: Any day on which the member performed full-time training duty or annual training duty. Any day on which the member attended, while in the active military service, a school designated as a service school by law or by the Secretary concerned. In the case of a member who is retiring from the armed forces, the furnishing of covered counseling, information, and services to such member under the program under this section shall commence as early as possible during the 24-month period preceding the anticipated retirement date. In the case of a member who is being separated or released from the armed forces (other than by retirement), the furnishing of counseling, information, and services to such member under the program shall commence not later than 365 days before the anticipated separation or release date. Except as provided in paragraph (4), under no circumstances shall the furnishing of covered counseling, information, and services to a member under the program commence later than 365 days before the date of retirement, separation, or release of the member from the armed forces. Except as provided in paragraph (4), the furnishing of covered counseling, information, and services to a member under the program shall be completed as follows: In the case of a member retiring from the armed forces, by not later than 120 days before the date of retirement. In the case of a member otherwise being separated or released from the armed forces, by not later than 90 days before the date of separation or release. Nothing in this subsection may be construed to prohibit the furnishing of covered counseling, information, and services to a member under the program, or other counseling, assistance, and information and services similar to covered counseling, information, and services, at times other than the times provided for by paragraphs

(1)and (2). In the event that a retirement or other separation or released from the armed forces is unanticipated until there are 90 or fewer days before the anticipated retirement or separation or release date, or in the event a member of a reserve component is being demobilized under circumstances in which (as determined by the Secretary concerned) operational requirements make the 120-day or 90-day requirement under paragraph

(2)unfeasible, preseparation counseling under the program shall begin as soon as possible within the remaining period of service. Except as provided in paragraph (2), covered counseling, information, and services under the program under this section shall be furnished to a member on an in-person basis. The Secretary of Defense and the Secretary of Homeland Security, as applicable, may waive the requirement in paragraph

(1)with respect to a particular member if such Secretary determines, using a system established by such Secretary for purposes of this paragraph, that the furnishing of covered counseling, information, and services on an online, other electronic, or other basis, rather than on an in-person basis, is necessary to avoid extraordinarily significant impediments to immediate mission needs. In issuing any such waiver, such Secretary shall specify, in writing, the grounds for such waiver. The preseparation counseling furnished a member under the program under this section shall include the following: Financial planning assistance, including information on budgeting, saving, credit, loans, and taxes. An explanation of the procedures for and advantages of affiliating with the Selected Reserve. Information on programs and benefits related to veteran status, including— a description of health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs, and information regarding the means by which the member can receive additional counseling regarding the member’s actual entitlement to such benefits and apply for such benefits; educational assistance benefits to which the member is entitled under the Montgomery GI Bill and other educational assistance programs because of the member’s service in the armed forces; a description of the compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title; information on home loan services and housing assistance benefits available under the laws administered by the Secretary of Veterans Affairs and counseling on responsible borrowing practices; a description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program; and information, including appropriate training, on eligibility for enrollment and disenrollment in the Survivor Benefit Plan under chapter 73 of this title and other survivor benefits available under the laws administered by the Secretary of Defense or the Secretary of Veterans Affairs. Information on civilian employment, occupational requirements, and related assistance, including— labor market information; instruction in resume preparation; job analysis techniques, job search techniques, job interview techniques, and salary negotiation techniques; certification and licensure requirements that are applicable to civilian occupations, including State-submitted and approved lists of military training and skills that satisfy occupational certifications and licenses; civilian occupations that correspond to military occupational specialties; information on the requirements under section 1143(a) of this title for the Department of Defense and the Department of Homeland Security to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to employment in the civilian sector for use in seeking civilian employment and in obtaining job search skills; information on government and private-sector programs for job search and job placement assistance, and information on the placement programs established under sections 1152 and 1153 of this title and the Troops-to-Teachers Program; priority of service for veterans in the receipt of employment, training, and placement services provided under qualified job training programs of the Department of Labor; veterans small business ownership and entrepreneurship programs of the Small Business Administration and assistance to members in their efforts to obtain loans and grants from the Small Business Administration and other Federal, State, and local agencies; employment and reemployment rights and obligations under chapter 43 of title 38; veterans preference in Federal employment and Federal procurement opportunities; disability-related employment and education protections; and career and employment opportunities available to members with transportation security cards issued under section 70105 of title 46. Information related to transition and relocation, including— information on the geographic areas in which such members will relocate after separation from the armed forces, including, to the degree possible, information about employment opportunities, the labor market, and the cost of living in those areas (including, to the extent practicable, the cost and availability of housing, child care, education, and medical and dental care); Federal, State, and local programs, and programs of military and veterans’ service organizations, that may be of assistance to such members after separation from the armed forces; counseling (for the member and dependents) on the effect of career change on individuals and their families and the availability to the member and dependents of suicide prevention resources following separation from the armed forces; the availability of mental health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other mental health conditions associated with service in the armed forces and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse; the availability of medical and dental coverage following separation from active duty, including the opportunity to elect into the conversion health policy provided under section 1145 of this title; and information on the required deduction, pursuant to subsection

(h)of section 1175a of this title, from disability compensation paid by the Secretary of Veterans Affairs of amounts equal to any voluntary separation pay received by the member under such section. Each Secretary concerned shall, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, establish at least three pathways for members of the armed forces under the jurisdiction of such Secretary concerned to receive individualized counseling under this section. The pathways shall address the needs of members based on the following factors: Rank. Term of service. Gender. Whether the member is a member of a regular or reserve component of an armed force. Disability. Anticipated characterization of retirement, separation, or release from the armed forces (including expedited discharge and discharge under conditions other than honorable). Health (including mental health). Military occupational specialty. Whether the member intends, after retirement, separation, or release, to— seek employment; enroll in a program of higher education; enroll in a program of vocational training; or become an entrepreneur. The educational history of the member. The employment history of the member. Whether the member has secured— employment; enrollment in a program of education; or enrollment in a program of vocational training. Whether the member has a spouse or any dependents. Such other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, consider appropriate. The covered counseling, information, and services furnished to a member under the program under this section shall include the following: Before the commencement of the furnishing of such counseling, information, and services under the program to the member, the member shall meet in person or by video conference with a counselor, during which— the counselor shall furnish to the member— a self-assessment jointly designed by the Secretaries concerned (in consultation with the Secretary of Labor and the Secretary of Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate counseling pathway under subsection (g); information regarding reenlistment in the armed forces; information regarding organizations, entities, and resources (including resources regarding military sexual trauma) for individuals who are retired, separated, or released from the armed forces that are located in the community in which the member will reside after retirement, separation, or release, including programs described in subsection (f)(5)(B) and resources through State veterans agencies as described in section 3(a) of the Improving Preseparation and Resources for Occupational, Vocational, and Educational Transition for Servicemembers Act; a military-civilian equivalency review designed to determine what licensing, credentialing, and other requirements for occupations in the civilian sector align with or would be satisfied by the military occupational specialty

(MOS)and other military skills and experience of the member; an individualized, personality-based skills and career assessment designed to determine the individual and personal strengths and career interests of the member; and assistance in developing an individual transition plan for the member to attempt to achieve the educational, training, employment, and financial objectives of the member and, if the member has a spouse, the spouse of the member; and the member may elect one or both of the following: To have the Secretary concerned (in consultation with the Secretary of Labor and the Secretary of Veterans Affairs) provide the contact information of the member to the organizations, entities, and resources described in subparagraph (A)(iii). To have the Secretary of Defense and the Secretary of Veterans Affairs transmit information on the member from Department of Defense Form DD–2648 to State veterans agencies for transmittal to community-based organizations and related entities that provide or connect veterans to benefits and services in accordance with section 3 of the Improving Preseparation and Resources for Occupational, Vocational, and Educational Transition for Servicemembers Act. A course of general instruction, of at least one day, on such topics specified in subsection (f), or otherwise specific to the armed force concerned, as the administering Secretaries consider appropriate. A course of instruction, of not less than two consecutive days, on one of the following matters, as elected by the member: Employment. Education. Entrepreneurship. Career and technical training. Such other matters as the administering Secretaries consider appropriate. A course of instruction, of at least one day, on general professional development and employment assistance, including resume-writing, interviewing skills, and such other matters as the administering Secretaries consider appropriate. A course of instruction, of at least one day, on the benefits and services available under the law administered by the Secretary of Veterans Affairs, including the manner of application for receipt of such benefits and services and such other matters in connection with such benefits and services as the Secretary of Veterans Affairs considers appropriate. For a member otherwise eligible to participate in such a program, participation in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or a pre-apprenticeship program that provides credit toward a program registered under such Act, that provides education, training, and services necessary to transition to meaningful employment that leads to economic self-sufficiency. A member shall receive the counseling and instruction required by paragraphs

(2)and

(3)before any other instruction required by this subsection. A member may undertake any other instruction required by this subsection at a pace and order satisfactory to the member, subject to the requirement to complete all such instruction by the deadline provided in subsection (d)(2). The Secretary concerned shall ensure, to the extent practicable and subject to urgent mission needs, that members who elect to undergo additional training or counseling under this subsection are able to do so— before the time periods established under subsection (d); and in addition to such training and instruction required during such time periods. A notation on the receipt of counseling and instruction on each matter specified in subsections

(f)and

(h)in connection with the furnishing of covered counseling, information, and services under the program under this section, signed by the member concerned, shall be placed in the service record of each member receiving such counseling and instruction. In carrying out the program under this section, the administering Secretaries may— provide for the use of disabled veterans outreach program specialists, local veterans’ employment representatives, and other employment service personnel funded by the Department of Labor to the extent that the Secretary of Labor determines that such use will not significantly interfere with the provision of services or other benefits to eligible veterans and other eligible recipients of such services or benefits; use military and civilian personnel of the Department of Defense and the Department of Homeland Security; use personnel of the Veterans Benefits Administration of the Department of Veterans Affairs and other appropriate personnel of that Department; use representatives of military and veterans’ service organizations; enter into contracts with public entities; enter into contracts with private entities, particularly with qualified private entities that have experience with instructing members of the armed forces eligible for covered counseling, information, and services under the program on— private sector culture, resume writing, career networking, and training on job search technologies; academic readiness and educational opportunities; and such other matters in connection with the program as the administering Secretaries consider appropriate; and take such other actions to develop and furnish information and services to be provided under the program as the administering Secretaries consider appropriate. The Secretary of Defense and the Secretary of Homeland Security shall each ensure that information on participation in the program under this section by members under the jurisdiction of such Secretary (including timeliness of receipt of covered counseling, information, and services, rates of participation on an in-person basis and an online or other electronic basis, and number of waivers (if any) issued pursuant to subsection (e)(2)) is made available by electronic means to the following: Commanders at all levels of command at the installations concerned. All counselors and managers of counseling under the program. The Secretary of Labor, the Secretary of Veterans Affairs, and the heads of any other departments and agencies of the Federal Government involved in the furnishing of counseling and other assistance under the program. The Secretary of Defense and the Secretary of Homeland Security shall each submit to Congress each year a report on the furnishing of covered counseling, information, and services under the program to members of the armed forces under the jurisdiction of such Secretary during the preceding year. Each report shall include, for the year covered by such report, the following: The number of members eligible for covered counseling, information, and services under the program. The number of members furnished covered counseling, information, and services under the program. The number of members eligible for covered counseling, information, and services under the program who did not participate in the program. An assessment of the extent to which such counseling, information, and services were furnished within the times provided for by paragraphs

(1)and

(2)of subsection (d). Rates of participation on an in-person basis and an online or other electronic basis, and number of waivers (if any) issued pursuant to subsection (e)(2). The number of members placed into each counseling pathway established under subsection (g). The number of members who received instruction in each of the post-service pathways described in subsection (h)(3). The number of members who participated in an apprenticeship or pre-apprenticeship program described in subsection (h)(6). The number of participants in the programs under subsection

(e)of section 1143 of this title (commonly referred to as Job Training, Employment Skills, Apprenticeships and Internships (JTEST–AI) or Skill Bridge ). Such other information as is required to provide Congress with a comprehensive description of the participation of members in the program. Information in each report under subparagraph

(A)shall be broken out— by armed force, and by component of the armed forces; by basis of separation from the armed forces (whether retirement or other separation and whether voluntary or involuntary); and by characterization of discharge from the armed forces. In the case of a member being medically separated or being retired under chapter 61 of this title, the Secretary concerned shall ensure (subject to the consent of the member) that a copy of the member's service medical record (including any results of a Physical Evaluation Board) is transmitted to the Secretary of Veterans Affairs within 60 days of the separation or retirement. The Secretary concerned shall provide a copy of the joint service transcript of a member of the armed forces to the following: The member— at the preliminary meeting with a counselor under the program under this section pursuant to subsection (h)(1); and on the day the member retires, separates, or is released from the armed forces. The Secretary of Veterans Affairs on the day the member retirees, separates, or is released from the armed forces. . The table of sections at the beginning of chapter 58 of such title is amended— by striking the item relating to section 1142 and inserting the following new item: 1142. Transition-related counseling and services: Transition Assistance Program. ; and by striking the item relating to section 1144. The administering Secretaries shall take appropriate actions to carry out any modifications to the Transition Assistance Program under section 1142 of title 10, United States Code, that are required by reason of the amendments made by subsection

(a)by not later than the date that is one year after the date of the enactment of this Act in order to ensure that the furnishing of covered counseling, information, and services to members of the Armed Forces under the Program is fully implemented as of such date. Not later than 120 days after the date of the enactment of this Act, the administering Secretaries shall submit to the appropriate committees of Congress a report on specific actions to be taken to implement any modifications to the Transition Assistance Program under section 1142 of title 10, United States Code, that are required by reason of the amendments made by subsection (a). In this subsection, the terms administering Secretaries and covered counseling, information, and services have the meanings given such terms for purposes of section 1142 of title 10, United States Code, as amended by subsection (a).

Connectionstraces to 2

Traces to 2 documents

public-private-law