Summary: H.R.5386 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.5386. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (07/27/1990)

Military Personnel Transition Benefits Act of 1990 - Title I: Department of Defense Transition Benefits - Provides separation pay for a regular enlisted member of the armed forces who is discharged involuntarily or as the result of the denial of reenlistment if such member has completed at least six but less than 20 years of active service, unless the Secretary concerned determines that the conditions of discharge do not warrant such pay. Repeals the limitation on the amount of separation pay inapplicable to a member of the armed forces who is serving on active duty as of September 30, 1990, is discharged or released, and who has at least five but less than six years of active service.

Makes ineligible for separation pay a member who is discharged or released from active duty during an initial term of enlistment or an initial period of obligated service.

Directs the Secretary of Defense to establish a Military Personnel Readjustment Assistance Office to develop and coordinate programs to assist members of the armed forces and their dependents in readjusting to civilian life after discharge or release from active duty.

Sets forth matters to be covered by preseparation counseling provided for members discharged or released from active duty.

Directs the Secretary of Defense to: (1) provide to discharged or released members a certification or verification of any job skills and experience acquired while on active duty that may have application to employment in the private sector; (2) establish permanent employment assistance centers at appropriate military installations; and (3) provide involuntarily separated members and their dependents with a preference in hiring by nonappropriated fund instrumentalities of the Department of Defense (DOD).

Requires the Secretary of Labor to establish and maintain a program to furnish transition counseling, employment, and placement assistance training and other information and services to members who are being separated from active duty and their spouses. Provides such services to members during the 180-day period before the member is separated from active duty. Sets forth elements of the program. Requires the Secretary of Defense to encourage and promote maximum participation by members eligible for such assistance. Authorizes appropriations.

Entitles a member of the armed forces who is involuntarily separated from active duty during the five-year period beginning October 1, 1990, to medical and dental care and other health benefits provided while on active-duty service for a transitional period of 60 days for those separated with less than six years of active service, and 120 days for those with six or more years of active service.

Directs the Secretary to inform each member involuntarily separated after October 1, 1990, of the availability for purchase of a conversion health policy for members and their dependents to pay the costs of health care for one year.

Urges the Secretary of the military department concerned to consider, on an individual basis in cases of hardship, the provision of health care at a military facility for members separated during the five-year period beginning on October 1, 1990, and who are ineligible for transitional health care or who do not obtain a conversion health policy. Directs the Secretary of Defense to allow such members to continue to use commissary and exchange stores during the two-year period beginning on the date of the member's separation. Requires the Secretary concerned to permit individuals involuntarily separated during such period to continue for up to 180 days after such separation to reside with their dependents in military family housing provided or leased by DOD during their active service. Directs the Secretary concerned to require a reasonable rental for such use.

Requires the Secretary of Defense to develop a program (to be carried out at at least ten military installations outside the United States) to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty and their dependents in readjusting to civilian life.

Requires the Secretary concerned to grant a member who is to be involuntarily separated such excess leave (up to 30 days) or permissive temporary duty (up to ten days) as the member requires to carry out necessary relocation activities unless to do so would interfere with military missions.

Authorizes an individual who is involuntarily separated from the armed forces during the five-year period beginning on October 1, 1990, and who within 12 months after such separation becomes a member of the National Guard or reserve unit, to remain a member of such unit for up to three years without regard to strength limitations or limitations with respect to grade or military occupational qualifications. Prohibits the total number of members in reserve units from exceeding ten percent of the authorized total strength for such a unit.

Authorizes members who are involuntarily separated during the five-year period beginning October 1, 1990, to select their homes for purposes of travel and transportation expenses. Entitles such members to transportation of dependents, baggage, and household effects to the home and to a per diem for dependents. Requires the Secretary of a military department to provide nontemporary storage of baggage and household effects for a period of up to one year for such members.

Amends the Defense Dependents' Education Act of 1978 to provide that a member of the armed forces involuntarily separated during the five-year period who has a dependent enrolled in a school of the defense dependents' education system shall continue to be eligible to enroll such dependent in such school until the earlier of the completion of the dependent's secondary education, the end of the two-year period following such separation, or, in the case of dependents not enrolled at the time of separation, the completion of the period of enrollment during which the member is involuntarily separated.

Repeals Federal law concerning the starting period and the aggregate amount of unemployment compensation to be paid to individuals released or discharged from Federal service.

Title II: Veterans Benefits Programs - Revises the policy of the United States with respect to the provision of veterans' recruitment appointment authority (the offering of post-service Federal employment opportunities) to declare a Government obligation to assist veterans in readjusting to civilian life. Waives the current maximum GS-9 level for such appointments. Makes all qualifying veterans eligible for such appointments without regard to the number of years of education completed. Gives a preference to such appointments to veterans entitled to veterans' disability compensation or who were discharged or released from active duty for a disability incurred or aggravated in the line of duty. Requires veterans receiving such an appointment to receive appropriate training or education by the agency involved, complete the prescribed probationary period, and acquire a competitive civil service status.

Extends eligibility for veterans' recruitment appointment authority to veterans who first became members of the armed forces or entered active duty after May 7, 1975, and were discharged or released from active duty under conditions other than dishonorable. Places a time limitation on such appointment authority for such members of five years from such release or discharge or from the enactment of this Act, whichever is later. Waives such limitation for veterans with service-connected disabilities or who served on active duty for which a campaign badge was authorized.

Entitles individuals meeting specified conditions who are involuntarily separated after December 31, 1990, or 90 days after this Act's enactment, whichever is later, to basic educational assistance under Federal veterans' benefits provisions. Provides that such individuals are entitled to the lesser of: (1) 36 months of educational assistance; or (2) the number of months of such assistance equal to the number of months served by such individual on active duty.

Entitles individuals meeting specified conditions who are discharged or released from active duty for a physical or mental condition that was not characterized as a disability and did not result from willful misconduct but did interfere with the individuals' performance of duty to basic educational assistance under Federal veterans' benefits provisions. Makes specified requirements concerning years of service for entitlement to educational assistance for service in the Selected Reserve inapplicable to individuals with such disabilities.

Title III: Defense Officer Personnel Management Policies - Authorizes the Secretary of Defense to allow the Secretary of the military department concerned, during the five-year period beginning on October 1, 1990, to: (1) shorten the period of the continuation of active duty for a regular officer who is serving on active duty pursuant to a selection for continuing such duty; (2) provide that regular officers on the active-duty list may be considered for early retirement; (3) suspend current Federal law stating that so long as an officer below brigadier general or rear admiral holds the same grade, he may not be considered for early retirement more than once in any five-year period; and (4) convene selection boards to consider for discharge regular officers on the active-duty list in grades below lieutenant colonel or commander who have at least one year in such grade, whose names are not on a recommended-for-promotion list and who are not eligible to be retired or within two years of becoming eligible. Limits the total number of officers who may be recommended during a fiscal year for discharge by such a selection board.

Authorizes the Secretary to allow the Secretary of the military department concerned to reduce the time-in-grade requirement before voluntary retirement is permitted to two years in the case of retirements effective during the five-year period beginning on October 1, 1990.

Authorizes the Secretary to allow the Secretary concerned, during the five-year period beginning on October 1, 1990, to reduce the required length of commissioned service before voluntary retirement is permitted from ten years to eight years.