119-hr3387

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3387 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3387

To amend titles 10 and 38, United States Code, to make improvements to 
certain programs for a member nearing separation, or for a veteran who 
 recently separated, from the Armed Forces, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 14, 2025

Mr. Van Orden introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

To amend titles 10 and 38, United States Code, to make improvements to 
certain programs for a member nearing separation, or for a veteran who 
 recently separated, from the Armed Forces, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Enhancing the Transitioning 
Servicemember's Experience Act'' or the ``ETS Act''.

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

    (a) Special Operations Forces.--Subsection

    (a) of 

section 1142 of 
title 10, United States Code, is amended, in paragraph

    (1) , by 
inserting ``(including each member of the special operations forces)'' 
after ``armed forces''.

    (b) Requirement of Preseparation Counseling: Number of Days.--Such 
subsection is further amended, in paragraph

    (1) --

    (1) by inserting ``
        (A) '' before ``Within''; and

    (2) by adding at the end the following new subparagraph:
 ``
        (B) The Secretary concerned shall ensure that a member described 
in subparagraph
        (A) receives preseparation counseling in the following 
amounts:
 ``
            (i) In the case of a member who has accepted an offer of 
 full-time employment, or has enrolled in a program of education 
 or vocational training, that shall commence after the member 
 separates, retires, or is discharged, not fewer than three 
 days.
 ``
            (ii) In the case of a member other than a member 
 described in clause
            (i) , not fewer than five days.''.
            (c) Provision of Preseparation Counseling: Third Party Counselors; 
In-Person to the Extent Practicable.--Such subsection is further 
amended, in paragraph

    (2) --

    (1) by inserting ``
        (A) '' before ``In carrying''; and

    (2) by adding at the end the following new subparagraphs:
 ``
        (B) Preseparation counseling may not be provided by an individual 
responsible for the retention of members in the armed force concerned.
 ``
            (C) Preseparation counseling shall be provided in person to the 
extent practicable. If the Secretary concerned determines that a member 
cannot attend such counseling in person, such member may receive such 
counseling remotely.''.
            (d) Period of Eligibility: Expansion.--Such subsection is further 
amended, in paragraph

    (3) --

    (1) by striking ``365'' each place it appears and inserting 
 ``540''; and

    (2) by striking ``365-day'' and inserting ``540-day''.

    (e) Waiver for Certain Members of the Reserve Components.--Such 
subsection is further amended, in paragraph

    (4) , by adding at the end 
the following new subparagraph:
 ``
            (D) The Secretary concerned may waive the requirement for 
preseparation counseling under paragraph

    (1) in the case of a member of 
the reserve components if--
 ``
            (i) the member requests such a waiver;
 ``
            (ii) the member received preseparation counseling during 
 the period of three years preceding the date of such request; 
 and
 ``
            (iii) matters covered by such counseling, specified in 
 subsection

    (b) , have not changed since the member last received 
 such counseling.''.

    (f) Eligibility of a Member Who Reenlists To Receive Preseparation 
Counseling.--Such subsection is further amended by adding at the end 
the following new paragraph:
 ``

    (5) The commanding officer of a member described in this 
subsection may, on a space available basis, authorize such member to 
receive preseparation counseling, regardless of whether such member 
reenlists or agrees to a new period of obligated service.''.

    (g) Repeat Attendance.--Such subsection is further amended by 
adding at the end the following new paragraph:
 ``

    (6) A member who received preseparation counseling under this 
section may, before separation, retirement, or discharge, request to 
receive, on a space-available basis, such preseparation counseling a 
second time.''.

    (h) Elective Inclusion of the Spouse of a Member.--Such section is 
further amended, in subsection

    (b) , in paragraph

    (5) , by striking 
``regarding the matters covered by paragraphs

    (9) ,

    (10) , and

    (16) ''.
            (i) Minimum Amount of Counseling Regarding Financial Planning.--
Such subsection is further amended, in paragraph

    (9) --

    (1) by striking ``Financial'' and inserting ``

    (a) General 
 financial'';

    (2) by striking ``loans'' and inserting ``loans and other 
 debt, investing''; and

    (3) by adding at the end the following new subparagraphs:
 ``
        (B) Individualized assistance regarding matters described 
 in subparagraph
        (A) .
 ``
            (C) Counseling under subparagraph
        (A) or
        (B) shall be 
 provided by an individual who has significant experience in 
 financial planning and may not be shorter than one hour.''.

    (j) Pathways: Standardization; Establishment of Pathway for Members 
of the Reserve Components.--Such section is further amended, in 
paragraph

    (1) of subsection
            (c) , in the matter preceding subparagraph
        (A) --

    (1) by striking ``Each Secretary concerned'' and inserting 
 ``The Secretaries of Defense and Homeland Security''; and

    (2) by striking ``pathways for members of the military 
 department concerned'' and inserting ``pathways, standardized 
 across the armed forces and including one pathway for members 
 of the reserve components, for members''.

    (k) Pathways: Record of Pathway Assignment.--Such subsection is 
further amended by adding at the end the following new paragraph:
 ``

    (4) The Secretary concerned shall ensure that the pathway in 
which a member is placed, and the reasons for such placement, are noted 
in the service record of such member.''.
            (l) Coordination Between Departments of Defense, Veterans Affairs, 
and Labor.--Such section is further amended, in subsection
            (d) --

    (1) by striking the heading and inserting ``Transmission of 
 Certain Information to Other Departments'';

    (2) by inserting ``

    (1) '' before ``In the case''; and

    (3) by adding at the end the following new paragraphs:
 ``

    (2) Before a member described in subsection

    (a) separates, 
retires, or is discharged, the Secretary concerned shall transmit to 
the Secretary of Veterans Affairs the following information:
 ``
        (A) The contact information of such member.
 ``
        (B) The Department of Defense Form DD-2648 regarding such 
 member.
 ``

    (3)
        (A) In the case of a member described in subsection

    (a) whom 
the Secretary concerned determines is at risk for a difficult 
transition to civilian life, the Secretary concerned shall, before the 
member separates, retires, or is discharged, provide--
 ``
            (i) such member with the contact information of an 
 employee of the Department of Veterans Affairs and an employee 
 of the Department of Labor; and
 ``
            (ii) such employees with the contact information of such 
 member.
 ``
        (B) Each employee described in subparagraph
        (A) shall contact the 
member described in such subparagraph not later than 60 days after such 
member separates, retires, or is discharged.
 ``
            (C) The Secretary of Veterans Affairs and the Secretary of Labor 
shall each submit to the Committees on Armed Services and on Veterans' 
Affairs of the Senate and House of Representatives an annual report 
that identifies the number of times, and reasons why, an employee of 
the department under the jurisdiction of such Secretary failed to carry 
out subparagraph
        (B) in the year preceding the date of the report.
 ``
            (D) The Secretary of Defense and Secretary of Homeland Security 
shall prescribe regulations to ensure that, for purposes of this 
paragraph, each Secretary concerned uses the same definition of the 
term `at risk for a difficult transition to civilian life'.''.
            (m) Contracting: Standardization.--Such section is further amended 
by adding at the end the following new subsection:
 ``

    (f) Contracting.--A Secretary concerned may enter into an 
agreement with an entity under which such entity shall provide 
preseparation counseling under this section. If more than one Secretary 
seeks to enter into such an agreement, such Secretaries concerned 
shall, to the extent practicable, seek to enter into such agreements 
with the same entity.''.

    (n) Yearly Surprise Audits.--Such section is further amended by 
adding at the end the following new subsection:
 ``

    (g) Audits.--

    (1) Not less than once each year, an employee or 
contractor of the Department of Veterans Affairs, and an employee or 
contractor of the Department of Labor, shall make unannounced visits to 
preseparation counseling under this section in order to audit such 
counseling.
 ``

    (2) Not later than 90 days after such a visit, the employee or 
contractor shall submit to the Committees on Armed Services and on 
Veterans' Affairs of the Senate and House of Representatives a report 
regarding such audit.
 ``

    (3) Such employees or contractors shall have expertise regarding 
matters described in subsection

    (b) .''.

    (o) Information Provided to State Veterans Agencies Regarding 
Members Separating From the Armed Forces.--

    (1) Expansion.--

Section 570F of the National Defense 
 Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 
 U.S.C. 1142 note) is amended, in subsection

    (a) --
        (A) by redesignating paragraph

    (8) as paragraph

    (9) ; and
        (B) by inserting, after paragraph

    (7) , the 
 following new paragraph

    (8) :
 ``

    (8) Benefits for low-income households, including the 
 supplemental nutrition assistance program (as such term is 
 defined in 

section 3 of the Food and Nutrition Act of 2008 
 (Public Law 88-525; 7 U.S.C. 2012)).''.

    (2) Limitation of voluntary participation.--Such section is 
 further amended, in subsection
            (d) , by striking ``Information'' 
 and inserting ``Except for information related to whether an 
 individual is eligible for benefits described in paragraph

    (8) of subsection

    (a) , information''.

    (p) Pilot Program for Military Spouses.--

    (1) Establishment.--Not later than one year after the date 
 of the enactment of this Act, the Secretary of Defense shall 
 establish a pilot program for spouses of members of the covered 
 Armed Forces who are eligible to receive preseparation 
 counseling under TAP.

    (2) Voluntary basis.--Participation in the pilot program 
 shall be on a voluntary basis.

    (3) Curriculum.--The Secretary of Defense, in coordination 
 with the Secretary of Veterans Affairs and the Secretary of 
 Labor, shall establish a curriculum based on TAP for the pilot 
 program.

    (4) Counseling.--Counseling under the pilot program shall--
        (A) be tailored to the military spouse and family;
        (B) be offered at least once per calendar quarter 
 at each location selected under paragraph

    (5) ;
            (C) be offered at times including nights and 
 weekends; and
            (D) include at least one hour regarding benefits 
 and assistance available to military families and 
 veterans from each department under the jurisdiction of 
 the Secretaries specified in subparagraph
            (C) .

    (5) Locations.--The Secretary of Defense shall carry out 
 the pilot program at not fewer than five military installations 
 of each of the covered Armed Forces. One such location shall be 
 located outside the continental United States.

    (6) Report.--Not later than one year before the pilot 
 program terminates, the Secretary of Defense shall submit to 
 the Committees on Armed Services of the Senate and House of 
 Representatives a report to the regarding the pilot program. 
 Such report shall include elements the Secretary determines 
 appropriate, including whether the pilot program should be made 
 permanent.

    (7) Termination.--The pilot program shall terminate three 
 years after the Secretary of Defense establishes the pilot 
 program.

    (8) === Definitions. ===
-In this subsection:
        (A) The term ``covered Armed Force'' means the 
 Army, Navy, Marine Corps, Air Force, or Space Force.
        (B) The term ``TAP'' means the Transition 
 Assistance Program under sections 1142 and 1144 of 
 title 10, United States Code.

    (q) Reports; Tracking System.--

    (1) Annual report on tap participation.--Not later than one 
 year after the date of the enactment of this Act, and annually 
 thereafter for four years, the Secretary of Defense shall 
 submit to the Committees on Armed Services and on Veterans' 
 Affairs of the Senate and House of Representatives a report on 
 the Transition Assistance Program at military installations 
 where at least 250 members per year receive preseparation 
 counseling under 

section 1142 of title 10, United States Code. 
 Such report shall include the following elements with regards 
 to the year preceding the date of such report, disaggregated by 
 military installation:
        (A) The number of members described in subsection

    (a)

    (1)
        (B)
            (ii) of such 

section 1142, as added by 
 subsection

    (a) , who received fewer than five days of 
 preseparation counseling under such section.
        (B) The average period of time between when a 
 member begins to receive preseparation counseling and 
 the day the member separates, retires, or is 
 discharged.
            (C) The number of members who began to receive 
 preseparation counseling and then re-enlisted or agreed 
 to a new period of obligated service.
            (D) The number of members who began to receive 
 preseparation counseling and then were deployed.
        (E) The number of members assigned to each pathway 
 under subsection
            (c) of such section.
        (F) The number of members who, in the course of 
 such preseparation counseling, were referred to another 
 Federal agency or department.
        (G) The Federal agencies or departments to which 
 members were so referred.
        (H) The number of members who should have been, but 
 were not, so referred, and reasons why such referrals 
 did not occur.
            (I) The number of members who receive such 
 preseparation counseling and apply for unemployment 
 compensation under subchapter II of chapter 85 of title 
 5, United States Code.
        (J) The total amount of such unemployment 
 compensation paid to members separating from the Armed 
 Forces.
        (K) The frequency with which the commander of the 
 military installation received a briefing regarding 
 attendance of members in accordance with statutory 
 requirements of the Transition Assistance Program.

    (2) Annual report on tap curricula.--Not less than once 
 each year after the date of the enactment of this Act, the 
 Secretaries of Defense, Veterans Affairs, and Labor shall--
        (A) review and update curricula under the 
 Transition Assistance Program; and
        (B) submit to Congress copies of such curricula.

    (3) Tracking of timeliness.--
        (A) Implementation.--Not later than one year after 
 the date of the enactment of this Act, the Secretary of 
 Defense shall implement a system to track how many, and 
 what percentage of, members of the Armed Forces begin 
 to receive preseparation counseling within the time 
 periods established in 

section 1142 of title 10, United 
 States Code.
        (B) Annual report.--Not later than two years after 
 the date of the enactment of this Act, and annually 
 thereafter, the Secretary of Defense shall submit to 
 the Committees on Armed Services, and the Committees on 
 Veterans' Affairs, of the Senate and House of 
 Representatives, a report on data recorded with such 
 tracking system during the year preceding the date of 
 such report. Such report shall include a list of the 
 seven military installations located inside the 
 continental United States, and three military 
 installations located outside the continental United 
 States, where members are least likely to receive TAP 
 preseparation counseling in accordance with such time 
 periods.

SEC. 3. TRANSITIONAL HEALTH CARE FOR MEMBERS BEING SEPARATED OR 
 RECENTLY SEPARATED: EXTENSION OF AVAILABILITY.

 

Section 1145

    (a) of title 10, United States Code, is amended--

    (1) in paragraph

    (4) --
        (A) by striking ``180 days'' and inserting ``270 
 days''; and
        (B) by striking ``180-day period'' and inserting 
 ``270-day period''; and

    (2) in paragraph

    (7) --
        (A) by striking ``180-day transition period'' and 
 inserting ``270-day transition period''; and
        (B) by striking ``180 days'' both places it appears 
 and inserting ``270 days''.

SEC. 4. SKILLBRIDGE: GAO STUDY.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study of the Skillbridge programs under 

section 1143

    (e) of title 10, United States Code.

    (b) Report.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services, and the Committees on Veterans' Affairs, 
of the Senate and House of Representatives, a report regarding such 
study. Such report shall include observations and recommendations of 
the Comptroller regarding, with respect to members and employers who 
participate in Skillbridge--

    (1) differences in criteria for participation between the 
 Armed Forces;

    (2) other differences in Skillbridge programs between the 
 Armed Forces;

    (3) best practices in Skillbridge programs across the Armed 
 Forces, including--
        (A) the selection of employers; and
        (B) the development of contracts; and

    (4) the feasibility of making Skillbridge programs uniform 
 across the Armed Forces.

SEC. 5. WEBSITE OF THE DEPARTMENT OF VETERANS AFFAIRS REGARDING 
 PROGRAMS FOR NEW VETERANS.

 

Section 523 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
 ``
            (c) The Secretary shall maintain a publicly available website of 
the Department through which a veteran or dependent of a veteran may 
search by ZIP code for programs for veterans who recently separated 
from active military, naval, air, or space service, or dependents of 
such veterans.''.

SEC. 6. EXPANSION OF ELIGIBILITY FOR A CERTAIN PROGRAM OF JOB 
 COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS.

    (a) 

=== Definition. ===
-

Section 4101 of title 38, United States Code, is 
amended in paragraph

    (5) --

    (1) in subparagraph
        (A) , by striking the comma at the end 
 and inserting a semicolon;

    (2) in subparagraph
        (B) , by striking ``power, or'' and 
 inserting ``power;'';

    (3) in subparagraph
            (C) , by striking the period at the end 
 and inserting ``; or''; and

    (4) by adding at the end the following new subparagraph:
 ``
            (D) a member of the Armed Forces eligible for the 
 Transition Assistance Program under sections 1142 and 
 1144 of title 10.''.

    (b) Outreach.--

Section 4103A

    (a)

    (1) of such title is amended--

    (1) in the matter preceding subparagraph
        (A) , by inserting 
 ``and certain eligible persons'' after ``eligible veterans'';

    (2) by redesignating subparagraph
            (C) as subparagraph
            (D) ; 
 and

    (3) by inserting after subparagraph
        (B) the following new 
 subparagraph
            (C) :
 ``
            (C) Eligible persons described in paragraph

    (5)
            (D) of 
 

section 4101 of this title.''.

SEC. 7. SOLID START PROGRAM: INTERACTION WITH TRANSITION ASSISTANCE 
 PROGRAM.

    (a) Clarification of Reference to TAP.--Subsection

    (b) of 

section 6320 of title 38, United States Code, is amended, in of paragraph

    (1) , 
by striking ``transition classes or separation'' and inserting ``TAP 
classes or preseparation counseling''.

    (b) Provision of TAP Materials.--Such paragraph is further 
amended--

    (1) by redesignating subparagraphs
            (D) through
        (H) as 
 subparagraphs
        (E) through
            (I) , respectively; and

    (2) by inserting after subparagraph
            (C) the following new 
 subparagraph
            (D) :
 ``
            (D) furnishing TAP materials to veterans;''.
            (c) Assessment of TAP.--Such paragraph is further amended, in 
subparagraph
            (I) , as redesignated, by inserting ``and of TAP'' before 
the period.
            (d) === Definitions. ===
-Such section is further amended--

    (1) by striking paragraph

    (3) of subsection

    (b) ; and

    (2) by adding at the end the following new subsection:
 ``
            (c) === Definitions. ===
-In this section:
 ``

    (1) The term `TAP' means the Transition Assistance 
 Program under sections 1142 and 1144 of title 10.
 ``

    (2) The term `Vet Center' has the meaning given such term 
 in 

section 1712A

    (h) of this title.
 ``

    (3) The term `veterans service organization' means an 
 organization recognized by the Secretary for the representation 
 of veterans under 

section 5902 of this title.''.
 <all>