I 

109TH CONGRESS 

1ST SESSION H. R. 2074 

To amend title 10, United States Code, to improve transition assistance 

provided to members of the Armed Forces being discharged, released 

from active duty, or retired, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

Mr. ANDREWS 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 title 10, United States Code, to improve transition 

assistance provided to members of the Armed Forces 

being discharged, released from active duty, or retired, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Service Members’ En5 hanced Transition Services Act of 2005’’. 
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1 SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AF2 FAIRS OF MEDICAL RECORDS OF ALL MEM3 BERS SEPARATING FROM ACTIVE DUTY. 

4 Chapter 58 of title 10, United States Code, is amend5 ed— 

6 (1) by inserting before subsection (c) of section 

7 1142 the following: 

8 ‘‘§ 1142a. Members separating from active duty: 

9 transmittal of medical records to Depart10 ment of Veterans Affairs’’; 

11 and 

12 (2) in section 1142a, as designated by para13 graph (1)— 

14 (A) by striking ‘‘(c) TRANSMITTAL OF

15 MEDICAL INFORMATION TO DEPARTMENT OF

16 VETERANS AFFAIRS.—’’; 

17 (B) by striking ‘‘a member being medically 

18 separated or being retired under chapter 61 of 

19 this title’’ and inserting ‘‘each member of the 

20 armed forces being discharged, released from 

21 active duty, or retired’’; and 

22 (C) by inserting ‘‘of the member’’ before 

23 the period at the end. 
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1 SEC. 3. PRESEPARATION COUNSELING AND TRANSITION 

2 SERVICES. 

3 (a) INDIVIDUALIZED SERVICES, ETC.—Subsection (a) 

4 of section 1142 of title 10, United States Code, is amend5 ed— 

6 (1) in the first sentence of paragraph (1)— 

7 (A) by striking ‘‘shall (except as provided 

8 in paragraph (4)) provide for individual 

9 preseparation counseling of’’ and inserting 

10 ‘‘shall (except as provided in paragraph (7)) 

11 provide preseparation counseling and additional 

12 individualized transition services to’’; and 

13 (B) by inserting ‘‘under conditions other 

14 than dishonorable’’ after ‘‘active duty’’; 

15 (2) by redesignating paragraph (4) as para16 graph (7); and 

17 (3) by inserting after paragraph (3) the fol18 lowing new paragraphs: 

19 ‘‘(4) For members of the reserve components being 

20 separated from service on active duty for a period of more 

21 than 30 days, the Secretary concerned shall require that 

22 preseparation counseling and services under this section 

23 be provided to all such members before the members are 

24 separated. 
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1 ‘‘(5) In carrying out this section, the Secretary con2 cerned shall ensure that such counseling and services are 

3 provided to officers as well as enlisted members. 

4 ‘‘(6) The Secretary concerned shall ensure that com5 manders of members who are required to be provided 

6 preseparation counseling and services under this section 

7 authorize the members to be provided such counseling and 

8 services during duty time.’’. 

9 (b) ADDITIONAL INFORMATION TO BE PROVIDED.— 

10 Subsection (b) of such section is amended— 

11 (1) by striking ‘‘COUNSELING.—Counseling 

12 under’’ and inserting ‘‘COUNSELING AND ADDI13 TIONAL INDIVIDUALIZED TRANSITIONAL SERV14 ICES.—Counseling and additional individualized 

15 transitional services under’’; 

16 (2) by striking ‘‘(4) Information concerning 

17 Government’’ and inserting the following: 

18 ‘‘(4) Provision of information concerning civil19 ian occupations and related assistance programs, in20 cluding information about— 

21 ‘‘(A) certification and licensure require22 ments that are applicable to civilian occupa23 tions; 

24 ‘‘(B) civilian occupations that correspond 

25 to military occupational specialties; and 
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1 ‘‘(C) Government’’; and 

2 (3) by adding at the end the following new 

3 paragraphs: 

4 ‘‘(11) Information concerning the priority of 

5 service for veterans in the receipt of employment, 

6 training, and placement services provided under 

7 qualified job training programs of the Department 

8 of Labor. 

9 ‘‘(12) Information concerning veterans small 

10 business ownership and entrepreneurship programs 

11 of the Small Business Administration and the Na12 tional Veterans Business Development Corporation. 

13 ‘‘(13) Information concerning employment and 

14 reemployment rights and obligations under chapter 

15 43 of title 38. 

16 ‘‘(14) Information concerning veterans pref17 erence in Federal employment and Federal procure18 ment opportunities. 

19 ‘‘(15) Information concerning homelessness, in20 cluding risk factors, awareness assessment, and con21 tact information for preventative assistance associ22 ated with homelessness. 

23 ‘‘(16) Contact information for housing coun24 seling and assistance. 
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1 ‘‘(17) A description (to be developed with the 

2 assistance of the Secretary of Veterans Affairs) of 

3 the health care and other benefits to which the 

4 member may be entitled under the laws administered 

5 by the Secretary of Veterans Affairs. 

6 ‘‘(18) In the case of a member who, as deter7 mined pursuant to the preseparation physical exam8 ination conducted under section 1145(d) of this title, 

9 may be eligible for compensation or pension benefits 

10 under the laws administered by the Secretary of Vet11 erans Affairs, a referral (to be provided with the as12 sistance of the Secretary of Veterans Affairs) for a 

13 medical examination by the Secretary of Veterans 

14 Affairs referred to as a compensation and pension 

15 examination.’’. 

16 (c) ADDITIONAL PROVISIONS.—Such section is fur17 ther amended by adding at the end the following new sub18 sections: 

19 ‘‘(c) CONTENT RELEVANT TO REGULAR AND RE20 SERVE COMPONENT MEMBERS.—The Secretary concerned 

21 shall ensure that preseparation counseling and services 

22 under this section include material that is specifically rel23 evant to the needs of members being separated from active 

24 duty from a regular component, the needs of members of 

25 the reserve components being separated from active duty, 
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1 and the needs of members of the National Guard being 

2 separated from full-time National Guard duty. 

3 ‘‘(d) LOCATIONS FOR SERVICES TO BE PROVIDED.— 

4 The Secretary concerned shall ensure that the locations 

5 at which preseparation counseling and services are pro6 vided under this section include the following: 

7 ‘‘(1) Each military installation under the juris8 diction of the Secretary. 

9 ‘‘(2) Each armory and military family support 

10 center of the National Guard. 

11 ‘‘(3) Each inpatient medical care facility of the 

12 uniformed services. 

13 ‘‘(4) In the case of a member on the temporary 

14 disability retired list under section 1202 or 1205 of 

15 this title who is being retired under another provi16 sion of this title or is being discharged, a location 

17 reasonably convenient to the member. 

18 Counselors for the provision of preseparation counseling 

19 and services may be made available on a appointment 

20 basis and need not be stationed at the facilities specified 

21 in paragraphs (1) through (4) permanently. 

22 ‘‘(e) CONSISTENCY OF MATERIALS.—The Secretary 

23 concerned shall ensure that the scope and content of the 

24 materials presented as part of preseparation counseling 

25 and services at each location under this section are con-
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1 sistent with the scope and content of the materials pre2 sented as part of the preseparation counseling and services 

3 at the other locations under this section. 

4 ‘‘(f) POST-SEPARATION FOLLOW-UP FOR RESERVE

5 COMPONENT MEMBERS.—The Secretary concerned shall 

6 ensure that follow-up counseling is provided for each mem7 ber of a reserve component separated from active duty not 

8 later than 180 days after such separation. 

9 ‘‘(g) UPDATED CONTENT OF MATERIALS AND AC10 TIVITIES.—The Secretary concerned shall, on a continuing 

11 basis, update the content of the materials used by the Na12 tional Veterans Training Institute and other activities of 

13 the Secretary that provide direct training support to per14 sonnel who provide preseparation counseling and other 

15 services under this section. 

16 ‘‘(h) NATIONAL GUARD MEMBERS ON DUTY IN

17 STATE STATUS.—Members of the National Guard being 

18 separated from duty to which ordered under section 502(f) 

19 of title 32 shall be provided preseparation counseling and 

20 services under this section to the same extent that mem21 bers of a reserve component being discharged or released 

22 from active duty are provided preseparation counseling 

23 and services under this section. 

24 ‘‘(i) MINIMUM REQUIRED INDIVIDUALIZED SERV25 ICES.—(1) In carrying out this section, the Secretary con-
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1 cerned ensure that at least eight hours of individualized 

2 transition services are provided, in addition to 

3 preseparation counseling and group workshops, for each 

4 member provided counseling and services under this sec5 tion. 

6 ‘‘(2) In order to ensure that the requirements of 

7 paragraph (1) are met, the Secretary concerned shall en8 sure, for each fiscal year, that there is allocated, from the 

9 appropriate operation and maintenance or military per10 sonnel accounts, such amounts as necessary to provide for 

11 the individualized transition services required under that 

12 paragraph for each member expected to receive such serv13 ices during the fiscal year.’’. 

14 (d) CLERICAL AMENDMENTS.— 

15 (1) SECTION HEADING.—The heading for sec16 tion 1142 of such title is amended to read as fol17 lows: 

18 ‘‘§ 1142. Members separating from active duty: 

19 preseparation counseling and transition 

20 services’’. 

21 (2) TABLE OF SECTIONS.—The table of sections 

22 at the beginning of chapter 58 of such title is 

23 amended by striking the item relating to section 

24 1142 and inserting the following new items: 

‘‘1142. Members separating from active duty: preseparation counseling and 

transition services. 
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‘‘1142a. Members separating from active duty: transmittal of medical records 

to Department of Veterans Affairs.’’. 

1 SEC. 4. DEPARTMENT OF LABOR TRANSITIONAL ASSIST2 ANCE PROGRAM. 

3 (a) ADDITIONAL ELEMENTS OF PROGRAM.—Sub4 section (b) of section 1144 of title 10, United States Code, 

5 is amended by adding at the end the following new para6 graphs: 

7 ‘‘(9) Provide information concerning the pri8 ority of service for veterans in the receipt of employ9 ment, training, and placement services provided 

10 under qualified job training programs of the Depart11 ment of Labor. 

12 ‘‘(10) Provide information concerning veterans 

13 small business ownership and entrepreneurship pro14 grams of the Small Business Administration and the 

15 National Veterans Business Development Corpora16 tion. 

17 ‘‘(11) Provide information concerning employ18 ment and reemployment rights and obligations under 

19 chapter 43 of title 38. 

20 ‘‘(12) Provide information concerning veterans 

21 preference in Federal employment and Federal pro22 curement opportunities. 

23 ‘‘(13) Provide information concerning homeless24 ness, including risk factors, awareness assessment, 
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1 and contact information for preventative assistance 

2 associated with homelessness. 

3 ‘‘(14) Provide contact information for housing 

4 counseling and assistance. 

5 ‘‘(15) A description (to be developed with the 

6 assistance of the Secretary of Veterans Affairs) of 

7 the health care and other benefits to which the 

8 member may be entitled under the laws administered 

9 by the Secretary of Veterans Affairs. 

10 ‘‘(16) In the case of a member who, as deter11 mined pursuant to the preseparation physical exam12 ination conducted under section 1145(d) of this title, 

13 may be eligible for compensation or pension benefits 

14 under the laws administered by the Secretary of Vet15 erans Affairs, a referral (to be provided with the as16 sistance of the Secretary of Veterans Affairs) for a 

17 compensation and pension examination by the Sec18 retary of Veterans Affairs.’’. 

19 (b) REQUIRED PARTICIPATION FOR CERTAIN MEM20 BERS.—Subsection (c) of such section is amended to read 

21 as follows: 

22 ‘‘(c) PARTICIPATION.—(1) Subject to paragraph (2), 

23 the Secretary of Defense and the Secretary of Homeland 

24 Security shall require participation by members of the 
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1 armed forces eligible for assistance under the program 

2 carried out under this section. 

3 ‘‘(2) The Secretary of Defense and the Secretary of 

4 Homeland Security need not require, but shall encourage 

5 and otherwise promote, participation in the program by 

6 the following members described in paragraph (1): 

7 ‘‘(A) A member who has previously participated 

8 in the program. 

9 ‘‘(B) A member who, upon discharge or release 

10 from active duty, is returning to— 

11 ‘‘(i) a position of employment; or 

12 ‘‘(ii) pursuit of an academic degree or 

13 other educational or occupational training ob14 jective that the member was pursuing when 

15 called or ordered to such active duty. 

16 ‘‘(3) Members of the armed forces eligible for assist17 ance under this section include members of the reserve 

18 components being separated from service on active duty 

19 for a period of more than 30 days and members of the 

20 National Guard being separated from full-time National 

21 Guard duty. 

22 ‘‘(4) The Secretary concerned shall ensure that com23 manders of members who are required to be provided as24 sistance under this section authorize the members to be 

25 provided such assistance during duty time.’’. 
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1 (c) REQUIRED UPDATING OF MATERIALS.—Such 

2 section is further amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(e) UPDATING OF MATERIALS.—The Secretary 

5 shall, on a continuing basis, update the content of the ma6 terials used by the National Veterans Training Institute 

7 of the Department of Labor and the Secretary’s other ma8 terials that provide direct training support to personnel 

9 who carry out the program established in this section.’’. 

10 (d) CROSS-REFERENCE AMENDMENT.—Subsection 

11 (a)(1) of such section is amended by striking ‘‘paragraph 

12 (4)(A)’’ in the second sentence and inserting ‘‘paragraph 

13 (7)(A)’’. 

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