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