[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 5649
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2018
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend titles 10 and 38, United States Code, to amend the Social
Security Act, and to direct the Secretaries of Veterans Affairs,
Defense, Labor, and Homeland Security, and the Administrator of the
Small Business Administration, to take certain actions to improve
transition assistance to members of the Armed Forces who separate,
retire, or are discharged from the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Navy SEAL Chief Petty Officer
William `Bill' Mulder (Ret.) Transition Improvement Act of 2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE
Sec. 101. Access for the Secretaries of Labor and Veterans Affairs to
the Federal directory of new hires.
Sec. 102. Pilot program for off-base transition training for veterans
and spouses.
Sec. 103. Grants for provision of transition assistance to members of
the Armed Forces after separation,
retirement, or discharge.
Sec. 104. Study of community-based transition assistance programs for
members of the Armed Forces after
separation, retirement, or discharge.
Sec. 105. One-year independent assessment of the effectiveness of TAP.
Sec. 106. Longitudinal study on changes to TAP.
TITLE II--EDUCATIONAL ASSISTANCE
Sec. 201. Improvements to assistance for certain flight training and
other programs of education.
Sec. 202. Elimination of the period of eligibility for the Vocational
Rehabilitation and Employment program of
the Department of Veterans Affairs.
Sec. 203. Educational assistance during extended school closures due to
natural disasters.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States
Code.
(2) The term ``military departments'' has the meaning given
that term in section 101 of title 10, United States Code.
TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE
SEC. 101. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO
THE FEDERAL DIRECTORY OF NEW HIRES.
Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is
amended by adding at the end the following new paragraph:
``(4) Veteran employment.--The Secretaries of Labor and of
Veterans Affairs shall have access to information reported by
employers pursuant to subsection (b) of this section for
purposes of tracking employment of veterans.''.
SEC. 102. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS
AND SPOUSES.
(a) Extension of Pilot Program.--Subsection (a) of section 301 of
the Dignified Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 10 U.S.C. 1144 note) is amended--
(1) by striking ``During the two-year period beginning on
the date of the enactment of this Act, the'' and inserting
``During the five-year period beginning on the date of the
enactment of the Navy SEAL Chief Petty Officer William `Bill'
Mulder (Ret.) Transition Improvement Act of 2018, the''; and
(2) by striking ``to assess the feasibility and
advisability of providing such program to eligible individuals
at locations other than military installations''.
(b) Locations.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``not less than three and
not more than five States'' and inserting ``not less than 50
locations in States (as defined in section 101(20) of title 38,
United States Code)''; and
(2) in paragraph (2), by striking ``at least two'' and
inserting ``at least 20''.
(c) Conforming Repeal.--Subsection (f) of such section is repealed.
SEC. 103. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF
THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR
DISCHARGE.
(a) In General.--The Secretary of Veterans Affairs shall make
grants to eligible organizations for the provision of transition
assistance to members of the Armed Forces who are separated, retired,
or discharged from the Armed Forces, and spouses of such members.
(b) Use of Funds.--The recipient of a grant under this section
shall use the grant to provide to members of the Armed Forces and
spouses described in subsection (a) resume assistance, interview
training, job recruitment training, and related services leading
directly to successful transition, as determined by the Secretary.
(c) Eligible Organizations.--To be eligible for a grant under this
section, an organization shall submit to the Secretary an application
containing such information and assurances as the Secretary, in
consultation with the Secretary of Labor, may require.
(d) Priority for Hubs of Services.--In making grants under this
section, the Secretary shall give priority to an organization that
provides multiple forms of services described in subsection (b).
(e) Amount of Grant.--A grant under this section shall be in an
amount that does not exceed 50 percent of the amount required by the
organization to provide the services described in subsection (b).
(f) Deadline.--The Secretary shall carry out this section not later
than six months after the effective date of this Act.
(g) Termination.--The authority to provide a grant under this
section shall terminate on the date that is five years after the date
on which the Secretary implements the grant program under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 104. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR
MEMBERS OF THE ARMED FORCES AFTER SEPARATION, RETIREMENT,
OR DISCHARGE.
(a) Study.--The Secretary of Veterans Affairs, in consultation with
State entities that serve members of the Armed Forces who are retired,
separated, or discharged from the Armed Forces, shall enter into an
agreement with an appropriate non-Federal entity to carry out a study
to identify community-based programs--
(1) that provide transition assistance to such members; and
(2) operated by nonprofit entities.
(b) Transmission to Members.--The Secretary of Veterans Affairs
shall transmit the list of programs identified under this section to
the Secretary of Defense so the Secretaries of the military departments
may provide information in the list to members of the Armed Forces who
participate in TAP.
(c) Online Publication.--The Secretary of Veterans Affairs shall
publish the most recent version of the list of programs identified
under this section on a public website of the Department of Veterans
Affairs.
SEC. 105. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF TAP.
(a) Independent Assessment.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the covered officials, shall enter into an agreement
with an appropriate entity with experience in adult education to carry
out a one-year independent assessment of TAP, including--
(1) the effectiveness of TAP for members of each military
department during the entire military life cycle;
(2) the appropriateness of the TAP career readiness
standards;
(3) a review of information that is provided to the
Department of Veterans Affairs under TAP, including mental
health data;
(4) whether TAP effectively addresses the challenges
veterans face entering the civilian workforce and in
translating experience and skills from military service to the
job market;
(5) whether TAP effectively addresses the challenges faced
by the families of veterans making the transition to civilian
life;
(6) appropriate metrics regarding TAP outcomes for members
of the Armed Forces one year after separation, retirement, or
discharge from the Armed Forces;
(7) what the Secretary, in consultation with the covered
officials, veterans service organizations, and organizations
described in section 203(a) of this Act, determine to be
successful outcomes for TAP;
(8) whether members of the Armed Forces achieve successful
outcomes for TAP, as determined under paragraph (7);
(9) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(10) recommendations for the Secretaries of the military
departments regarding how to improve outcomes for members of
the Armed Forces after separation, retirement, and discharge;
and
(11) other topics the Secretary and the covered officials
determine would aid members of the Armed Forces as they
transition to civilian life.
(b) Report.--Not later than 90 days after the completion of the
independent assessment under subsection (a), the Secretary and the
covered officials, shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives--
(1) the findings and recommendations (including recommended
legislation) of the independent assessment prepared by the
entity described in subsection (a); and
(2) responses of the Secretary and the covered officials to
the findings and recommendations described in paragraph (1).
(c) Covered Officials Defined.--In this section, the term ``covered
officials'' is comprised of--
(1) the Secretary of Defense;
(2) the Secretary of Labor;
(3) the Administrator of the Small Business Administration;
and
(4) the Secretaries of the military departments.
SEC. 106. LONGITUDINAL STUDY ON CHANGES TO TAP.
(a) Study.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs, in consultation with
the Secretaries of Defense and Labor and the Administrator of the Small
Business Administration, shall conduct a five-year longitudinal study
regarding TAP on three separate cohorts of members of the Armed Forces
who have separated from the Armed Forces, including--
(1) a cohort that has attended TAP counseling as
implemented on the date of the enactment of this Act;
(2) a cohort that attends TAP counseling after the
Secretaries of Defense and Labor implement changes recommended
in the report under section 205(b) of this Act; and
(3) a cohort that has not attended TAP counseling.
(b) Progress Reports.--Not later than 90 days after the day that is
one year after the date of the initiation of the study under subsection
(a) and annually thereafter for the three subsequent years, the
Secretaries of Veterans Affairs, Defense, and Labor, and the
Administrator of the Small Business Administration, shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and the Committees on Armed Services of the Senate and
House of Representatives a progress report of activities under the
study during the immediately preceding year.
(c) Final Report.--Not later than 180 days after the completion of
the study under subsection (a), the Secretaries of Veterans Affairs,
Defense, and Labor, and the Administrator of the Small Business
Administration, shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives a report of final
findings and recommendations based on the study.
(d) Elements.--The final report under subsection (c) shall include
information regarding the following:
(1) The percentage of each cohort that received
unemployment benefits during the study.
(2) The numbers of months members of each cohort were
employed during the study.
(3) Annual starting and ending salaries of members of each
cohort who were employed during the study.
(4) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of title 38, United States Code.
(5) The academic credit hours, degrees, and certificates
obtained by members of each cohort during the study.
(6) The annual income of members of each cohort.
(7) The total household income of members of each cohort.
(8) How many members of each cohort own their principal
residences.
(9) How many dependents that members of each cohort have.
(10) The percentage of each cohort that achieves a
successful outcome for TAP, as determined under section
205(a)(6) of this Act.
(11) Other criteria the Secretaries and the Administrator
of the Small Business Administration determine appropriate.
TITLE II--EDUCATIONAL ASSISTANCE
SEC. 201. IMPROVEMENTS TO ASSISTANCE FOR CERTAIN FLIGHT TRAINING AND
OTHER PROGRAMS OF EDUCATION.
(a) Use of Entitlement for Private Pilot's Licenses.--Section
3034(d) of title 38, United States Code, is amended--
(1) in paragraph (1) by striking the semicolon and
inserting the following: ``and is required for the course of
education being pursued (including with respect to a dual
major, concentration, or other element of a degree); and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Accelerated Payments for Flight Training.--Section 3313 of such
title is amended by adding at the end the following new subsection:
``(k) Accelerated Payments for Certain Flight Training.--
``(1) Payments.--An individual enrolled in a program of
education pursued at a vocational school or institution of
higher learning in which flight training is required to earn
the degree being pursued (including with respect to a dual
major, concentration, or other element of such a degree) may
elect to receive accelerated payments of amounts for tuition
and fees determined under subsection (c). The amount of each
accelerated payment shall be an amount equal to twice the
amount for tuition and fee so determined under such subsection,
but the total amount of such payments may not exceed the total
amount of tuition and fees for the program of education. The
amount of monthly stipends shall be determined in accordance
with such subsection (c) and may not be accelerated under this
paragraph.
``(2) Educational counseling.--An individual may make an
election under paragraph (1) only if the individual receives
educational counseling under section 3697A(a) of this title.
``(3) Charge against entitlement.--The number of months of
entitlement charged an individual for accelerated payments made
pursuant to paragraph (1) shall be determined at the rate of
two months for each month in which such an accelerated payment
is made.''.
(c) Flight Training at Public Institutions.--Subsection (c)(1)(A)
of such section 3313 is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(B) by striking ``In the case of a program of
education pursued at a public institution of higher
learning'' and inserting ``(I) Subject to subclause
(II), in the case of a program of education pursued at
a public institution of higher learning not described
in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new
subclause:
``(II) In determining the actual net cost
for in-State tuition and fees pursuant to
subclause (I), the Secretary may not pay for
tuition and fees relating to flight
training.''; and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(D) by striking ``In the case of a program of
education pursued at a non-public or foreign
institution of higher learning'' and inserting ``(I) In
the case of a program of education described in
subclause (II)''; and
(E) by adding at the end the following new
subclause:
``(II) A program of education described in
this subclause is any of the following:
``(aa) A program of education
pursued at a non-public or foreign
institution of higher learning.
``(bb) A program of education
pursued at a public institution of
higher learning in which flight
training is required to earn the degree
being pursued (including with respect
to a dual major, concentration, or
other element of such a degree).''.
(d) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added
by subsection (c)(2)(E), is amended by adding at the end the following
new item:
``(cc) A program of education
pursued at a public institution of
higher learning in which the public
institution of higher learning enters
into a contract or agreement with an
entity (other than another public
institution of higher learning) to
provide such program of education or a
portion of such program of
education.''.
(e) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act, is
using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or (cc)
of section 3313(c)(1)(A)(ii)(II) of title 38, United States
Code, as added by subsections (c) and (d), respectively, the
amendment made by such subsection shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date that is two years after the date of the
enactment of this Act.
SEC. 202. ELIMINATION OF THE PERIOD OF ELIGIBILITY FOR THE VOCATIONAL
REHABILITATION AND EMPLOYMENT PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3103 of title 38, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such title is amended by striking the item relating to
section 3103.
SEC. 203. EDUCATIONAL ASSISTANCE DURING EXTENDED SCHOOL CLOSURES DUE TO
NATURAL DISASTERS.
Section 3680 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(h) School Closure During Natural Disasters.--
``(1) In general.--An individual described in paragraph (2)
shall be entitled to a monthly stipend in the amount to which
the individual would be entitled were the individual pursuing a
course of education at an institution of higher education
through resident training but for a school closure described
under paragraph (4).
``(2) Individual described.--An individual described in
this paragraph is an individual pursuing a course of education
at an institution of higher education using educational
assistance under chapter 32, 33, 34, or 35 of this title, who--
``(A) is forced to discontinue pursuing such course
at such institution by reason of a school closure
described under paragraph (4); and
``(B) opts to--
``(i) pursue that course of education
solely by distance learning; or
``(ii) pursue an alternative course of
education solely by distance learning.
``(3) Duration.--The duration of the monthly stipends
payable to an individual under paragraph (1) shall be the
shorter of the following:
``(A) The period of time necessary to complete the
quarter, semester, term or academic period during which
the school closure described in paragraph (4) occurs.
``(B) Four months.
``(4) School closure.--A school closure described in this
paragraph is the closure of an institution of higher
education--
``(A) by reason of a natural disaster;
``(B) for a period of time that--
``(i) the institution confirms will last
for four weeks or longer; or
``(ii) the institution describes as
indefinite and that endures for a period of
four weeks or longer; and
``(C) that the Secretary confirms is covered for
purposes of this subsection.
``(5) Natural disaster defined.--In this subsection, the
term `natural disaster' means a specific weather event or earth
process, including a hurricane, tornado, wildfire or forest
fire, earthquake, avalanche, mudslide, hailstorm, thunderstorm,
lightning storm, freeze, blizzard, sinkhole, or other
disastrous event that occurs as a result of such an event or
process, that the President or the governor of a State declares
a natural disaster.
``(6) No charge to entitlement.--No charge shall be made to
the entitlement of any individual to educational assistance
under chapter 32,
33, 34, or 35 of this title by reason of a payment under this
subsection.''.
Passed the House of Representatives July 24, 2018.
Attest:
KAREN L. HAAS,
Clerk.