I 

111TH CONGRESS 

1ST SESSION H. R. 296 

To amend title 10, United States Code, to revise the process by which 

a member of the Armed Forces is retired for disability and becomes 

eligible for retirement pay, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. BUYER (for himself, Mr. BOOZMAN, Mr. ROONEY, Mr. STEARNS, and Ms. 

GINNY BROWN-WAITE of Florida) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to revise the process 

by which a member of the Armed Forces is retired for 

disability and becomes eligible for retirement pay, 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 ‘‘Armed Forces Dis5 ability Retirement Enhancement Act’’. 


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1 SEC. 2. REVISED PROCESS FOR DISABILITY RETIREMENT 

2 FOR MEMBERS OF THE ARMED FORCES. 

3 (a) IN GENERAL.—Chapter 61 of title 10, United 

4 States Code, is amended— 

5 (1) by inserting before section 1201 the fol6 lowing: 

7 ‘‘SUBCHAPTER I—FORMER PROCESS FOR RE8 TIREMENT OR SEPARATION OF MEMBERS 

9 FOR DISABILITY 

10 ‘‘§ 1200. Applicability of subchapter: members retired 

11 or separated before effective date of 

12 Armed Forces Disability Retirement En13 hancement Act; certain members on tem14 porary disability retired list as of effec15 tive date 

16 ‘‘(a) IN GENERAL.—Except as provided in subsection 

17 (b), this subchapter applies to the retirement or separation 

18 for disability of members as follows: 

19 ‘‘(1) Members who are eligible for retirement 

20 for disability or separation for disability before the 

21 end of the one-year period beginning on the date of 

22 the enactment of the Armed Forces Disability Re23 tirement Enhancement Act. 

24 ‘‘(2) Members on the temporary disability re25 tired list as of the end of such period who— 


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1 ‘‘(A) are eligible for retirement under the 

2 provisions of subchapter II in accordance with 

3 section 1206c of this title; but 

4 ‘‘(B) do not elect to retire under the provi5 sions of subchapter II as otherwise provided in 

6 section 1206c of this title. 

7 ‘‘(b) INAPPLICABILITY TO CERTAIN MEMBERS.—For 

8 provisions relating to the applicability of subchapter II to 

9 the retirement for disability of certain members otherwise 

10 covered by this subchapter under subsection (a)(1), see 

11 section 1206b of this title.’’; 

12 (2) by transferring section 1206a to appear 

13 after section 1207a and redesignating such section, 

14 as so transferred, as section 1207b; and 

15 (3) by inserting after section 1206 the fol16 lowing: 

17 ‘‘SUBCHAPTER II—REVISED PROCESS FOR 

18 RETIREMENT OF MEMBERS FOR DISABILITY 

19 ‘‘§ 1206a. Applicability of subchapter: members re20 tired on or after effective date of Armed 

21 Forces Disability Retirement Enhance22 ment Act 

23 ‘‘(a) IN GENERAL.—This subchapter applies to the 

24 retirement of members for disability (including the place25 ment of members on the temporary disability retired list 


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1 in accordance with section 1206e of this title) on or after 

2 the end of the one-year period beginning on the date of 

3 the enactment of the Armed Forces Disability Retirement 

4 Enhancement Act. 

5 ‘‘(b) EXCLUSIVE APPLICATION.—Members eligible 

6 for retirement under this subchapter by reason of this sec7 tion are not eligible for retirement or separation under 

8 subchapter I. 

9 ‘‘§ 1206b. Applicability of subchapter: certain mem10 bers retired on or after October 7, 2001, 

11 but before effective date of Armed Forces 

12 Disability Retirement Enhancement Act 

13 ‘‘(a) ELECTION OF APPLICABILITY.—(1) During 

14 such period as the Secretary of Defense shall prescribe 

15 for purposes of this section, a former member described 

16 in subsection (b) may elect to retire under this subchapter 

17 in lieu of retirement or separation under subchapter I. 

18 ‘‘(2) Each election under this subsection shall be exe19 cuted in such form and manner as the Secretary of De20 fense shall prescribe for purposes of this section. 

21 ‘‘(3) Any election made under this subsection is irrev22 ocable. 

23 ‘‘(b) COVERED FORMER MEMBERS.—A former mem24 ber described in this subsection is any former member 

25 who, during the period beginning on October 7, 2001, and 


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1 ending on the day before the end of the one-year period 

2 beginning on the date of the enactment of the Armed 

3 Forces Disability Retirement Enhancement Act, is retired 

4 under the provisions of this chapter as in effect before the 

5 end of such period. 

6 ‘‘(c) TREATMENT OF FORMER MEMBERS MAKING

7 ELECTIONS.—(1) Effective as of the date of the correction 

8 of the military records of such former member under sub9 section (d), each former member who makes an election 

10 under subsection (a) shall be deemed to have been retired 

11 under this subchapter, with retirement pay computed 

12 under section 1401 of this title (as amended by the Armed 

13 Forces Disability Retirement Enhancement Act), rather 

14 than to have been retired under the provisions of sub15 chapter I. 

16 ‘‘(2) No benefits are available to a former member 

17 under this subchapter for any period before the correction 

18 of the military records of the former member under sub19 section (d). 

20 ‘‘(3) The Secretary of Defense may not recoup or col21 lect from any former member who is retired under this 

22 subchapter pursuant to an election under subsection (a) 

23 any amount of retirement pay paid to the former member 

24 under this chapter before the date of the effective date 


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1 of the correction of the military records of the former 

2 member under subsection (d). 

3 ‘‘(d) CORRECTION OF MILITARY RECORDS.—The 

4 Secretary concerned shall correct the military records of 

5 each former member making an election under subsection 

6 (a) to reflect that the former member is retired under the 

7 provisions of this subchapter rather than retired under the 

8 provisions of this chapter as in effect before the end of 

9 the one-year period beginning on the date of the enact10 ment of the Armed Forces Disability Retirement Enhance11 ment Act. 

12 ‘‘§ 1206c. Applicability of subchapter: members on 

13 temporary disability retired list as of ef14 fective date of Armed Forces Disability 

15 Retirement Enhancement Act 

16 ‘‘(a) ELECTION OF APPLICABILITY.—(1) A member 

17 described in subsection (b) may elect to retire under this 

18 subchapter in lieu of retirement under the provisions of 

19 subchapter I. 

20 ‘‘(2) Each election under this subsection shall be exe21 cuted in such form and manner as the Secretary of De22 fense shall prescribe for purposes of this section. 

23 ‘‘(3) Any election made under this subsection is irrev24 ocable. 


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1 ‘‘(b) COVERED MEMBERS.—A member described in 

2 this subsection is any member— 

3 ‘‘(1) whose name is on the temporary disability 

4 retired list as of the end of the one-year period be5 ginning on the date of the enactment of the Armed 

6 Forces Disability Retirement Enhancement Act; and 

7 ‘‘(2)(A) whose disability qualifying the member 

8 for placement on the temporary disability retired list 

9 is determined after such period by the Secretary 

10 concerned, based on accepted medical principles, to 

11 be of a permanent nature and stable; or 

12 ‘‘(B) whose disability is considered after such 

13 period by the Secretary concerned to be of a perma14 nent nature and stable after five years of the place15 ment of the member’s name on the temporary dis16 ability retired list in accordance with section 1210(b) 

17 of this title. 

18 ‘‘(c) TIMING OF ELECTION.—A member eligible to 

19 make an election under subsection (a) by reason of a de20 termination under subparagraph (A) or (B) of subsection 

21 (b)(2) shall make such election, if at all, during such pe22 riod after the date of the determination as the Secretary 

23 of Defense shall prescribe for purposes of this section. 

24 ‘‘(d) TREATMENT OF MEMBERS MAKING ELEC25 TIONS.—(1) Effective as of the date of such election, each 


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1 member who makes an election under subsection (a) shall 

2 be retired under this subchapter, with retirement pay com3 puted under section 1401 of this title (as amended by the 

4 Armed Forces Disability Retirement Enhancement Act). 

5 ‘‘(2) No benefits are available to a member under this 

6 subchapter for any period before the election of the mem7 ber under subsection (a). 

8 ‘‘(3) The Secretary of Defense may not recoup or col9 lect from any member who is retired under this subchapter 

10 pursuant to an election under subsection (a) any amount 

11 of retirement pay paid to the member under this chapter 

12 before the date of the election of the member under sub13 section (a). 

14 ‘‘§ 1206d. Retirement 

15 ‘‘(a) IN GENERAL.—Upon a determination by the 

16 Secretary concerned that a member covered by this sub17 chapter under section 1206a of this title is unfit to per18 form the duties of the member’s office, grade, rank, or 

19 rating because of disability, the Secretary may, consistent 

20 with regulations prescribed by the Secretary of Defense 

21 for purposes of this subchapter, retire the member, with 

22 retirement pay computed under section 1401 of this title 

23 (as amended by the Armed Forces Disability Retirement 

24 Enhancement Act) if the Secretary concerned also makes 


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1 the determinations specified in subsection (b) with respect 

2 to the member. 

3 ‘‘(b) DETERMINATIONS.—The determinations speci4 fied in this subsection with respect to a member are deter5 minations by the Secretary concerned as follows: 

6 ‘‘(1) That the disability of the member, based 

7 upon accepted medical principles— 

8 ‘‘(A) is of a permanent nature; or 

9 ‘‘(B) is of uncertain permanency, such that 

10 a temporary disability retirement under section 

11 1206e of this title is appropriate. 

12 ‘‘(2) That the injury, illness, or disease ren13 dering the member unfit was incurred or aggravated 

14 in the line of duty— 

15 ‘‘(A) while the member was entitled to 

16 basic pay under section 204 of title 37 or com17 pensation under section 206 of that title; 

18 ‘‘(B) while performing active duty but not 

19 entitled to basic pay under section 204 of title 

20 37 or inactive-duty training; or 

21 ‘‘(C) while engaged in an activity covered 

22 by section 1201(c)(3), 1204(2)(B), or 

23 1204(2)(C) of this title. 

24 ‘‘(3) That the injury, illness, or disease was 

25 not— 


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1 ‘‘(A) the result of the member’s intentional 

2 misconduct or willful neglect; or 

3 ‘‘(B) incurred during a period of unauthor4 ized absence. 

5 ‘‘§ 1206e. Temporary disability retired list 

6 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

7 section, a member covered by section 1206d(b) of this title 

8 who is described by paragraph (1)(B) of such section shall 

9 have such member’s name placed on the temporary dis10 ability retired list, with retirement pay computed under 

11 section 1401 of this title (as amended by the Armed 

12 Forces Disability Retirement Enhancement Act). 

13 ‘‘(b) ADMINISTRATION.—(1) Subsection (a) shall be 

14 administered in accordance with such regulations as the 

15 Secretary of Defense shall prescribe for purposes of this 

16 section. 

17 ‘‘(2)(A) Except as provided in subparagraph (B), the 

18 regulations prescribed under this subsection shall provide 

19 for the applicability of the provisions of sections 1210 and 

20 1211 of this title to a member whose name is placed on 

21 the temporary disability retired list under this section. 

22 ‘‘(B) The provisions of subsections (c), (d), and (e) 

23 of section 1210 of this title shall not apply to a member 

24 whose name is placed on the temporary disability retired 

25 list under this section. 


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1 ‘‘(3)(A) The regulations shall provide for appropriate 

2 mechanisms, applicable uniformly across the military de3 partments, for an annual review by the military depart4 ments of determinations to place members’ names on the 

5 temporary disability retired list under this section in order 

6 to ensure the accuracy and consistency of such determina7 tions by the military departments. 

8 ‘‘(B) The Secretary of Defense shall submit to the 

9 Committees on Armed Services of the Senate and the 

10 House of Representatives each year a report on the results 

11 of the reviews conducted by the military departments 

12 under subparagraph (A) during the preceding year. 

13 ‘‘(c) RETIREMENT.—If, as a result of a periodic ex14 amination under section 1210(a) of this title or upon a 

15 final determination under section 1210(b) of this title, it 

16 is determined that a member’s disability is of a permanent 

17 nature, the member’s name shall be removed from the 

18 temporary disability retired list, and the member shall be 

19 retired under section 1206d of this title. 

20 ‘‘§ 1206f. Treatment of retirement pay 

21 ‘‘(a) IN GENERAL.—Retirement pay authorized by 

22 this subchapter shall be treated as retirement pay for all 

23 purposes under this title, including for purposes of eligi24 bility for medical and dental care under chapter 55 of this 

25 title. 


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1 ‘‘(b) NO OFFSET UNDER DUPLICATION OF BENE2 FITS.—Retirement pay authorized by this subchapter is 

3 not subject to the prohibitions against duplication of bene4 fits under sections 5304 and 5305 of title 38. 

5 ‘‘(c) INELIGIBILITY FOR COMBAT-RELATED SPECIAL

6 COMPENSATION.—A member retired under this sub7 chapter is not eligible for combat-related special com8 pensation under section 1413a of this title. 

9 ‘‘(d) INELIGIBILITY FOR CERTAIN SPACE-AVAILABLE

10 TRAVEL.—A member retired under this subchapter resid11 ing in a Commonwealth or possession of the United States 

12 is not eligible for space-available travel on Department of 

13 Defense aircraft under section 2461b of this title. 

14 ‘‘§ 1206g. Determinations of unfitness 

15 ‘‘(a) IN GENERAL.—In this subchapter, a finding of 

16 unfitness for duty with respect to a member shall be based 

17 on determinations by the Secretary concerned that— 

18 ‘‘(1) the member is unfit to perform the duties 

19 of the member’s office, grade, rank, or rating be20 cause of a disability; and 

21 ‘‘(2) it is unlikely that through retraining in an22 other occupational specialty or other preparations 

23 the member can be reassigned to other duties the 

24 member would be fit to perform and which are con25 sistent with the needs of the armed force concerned. 


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1 ‘‘(b) INTERSERVICE TRANSFER.—With the consent 

2 of a member determined unfit for duty under subsection 

3 (a), the member may, instead of being retired under this 

4 subchapter, be transferred under section 716 of this title 

5 to another uniformed service if the Secretary responsible 

6 for that uniformed service determines that the member, 

7 currently or through retraining in another occupational 

8 specialty or other preparations, can be reassigned to other 

9 duties the member would be fit to perform and which are 

10 consistent with the needs of that uniformed service. 

11 ‘‘(c) CONTINUATION OF SERVICE OF MEMBER DE12 TERMINED UNFIT.—Upon the agreement of a member de13 termined unfit for duty under subsection (a) and the Sec14 retary concerned, the member’s service may be continued 

15 under terms and conditions specified by the Secretary con16 cerned, including through transfer to another uniformed 

17 service under section 716 of this title. 

18 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

19 MATTERS’’. 

20 (b) DEFINITION OF DISABILITY.— 

21 (1) DEFINITION.—Chapter 61 of such title is 

22 further amended by inserting after section 1219, the 

23 following new section: 


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1 ‘‘§ 1220. Definition of disability 

2 ‘‘In this chapter, the term ‘disability’ includes phys3 ical disabilities and disabilities based on mental dis4 orders.’’. 

5 (2) CONFORMING AMENDMENTS.—Such chapter 

6 is further amended— 

7 (A) in section 1201(a), by striking ‘‘phys8 ical disability’’ and inserting ‘‘disability’’; 

9 (B) in section 1203(a), by striking ‘‘phys10 ical disability’’ and inserting ‘‘disability’’; 

11 (C) in section 1204, by striking ‘‘physical 

12 disability’’ and inserting ‘‘disability’’; 

13 (D) in section 1206, by striking ‘‘physical 

14 disability’’ and inserting ‘‘disability’’; 

15 (E) in section 1207, by striking ‘‘physical 

16 disability’’ and inserting ‘‘disability’’; 

17 (F) in section 1210, by striking ‘‘physical 

18 disability’’ each place it appears and inserting 

19 ‘‘disability’’; 

20 (G) in subparagraphs (C) and (D) of sec21 tion 1212(a)(2), by striking ‘‘physical dis22 ability’’ and inserting ‘‘disability’’; 

23 (H) in section 1214, by striking ‘‘physical 

24 disability’’ and inserting ‘‘disability’’; 

25 (I) in section 1215, by striking ‘‘physical 

26 disability’’ and inserting ‘‘disability’’; 


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1 (J) in section 1217(a), by striking ‘‘phys2 ical disabilities’’ and inserting ‘‘disabilities’’; 

3 and 

4 (K) in section 1218(a), by striking ‘‘phys5 ical disability’’ and inserting ‘‘disability’’. 

6 (c) CLERICAL AMENDMENTS.—Chapter 61 of such 

7 title is further amended— 

8 (1) by striking the table of sections; 

9 (2) by inserting after the chapter heading the 

10 following: 

‘‘Subchapter Sec.

‘‘I. Former Process for Retirement or Separation of Members for Disability ............................................................................ 1200

‘‘II. Revised Process for Retirement of Members for Disability ..............1206a

‘‘III. Administrative Matters .................................................................... 1207’’; 

11 (3) by inserting after the subchapter heading 

12 for subchapter I, as added by subsection (a)(1) of 

13 this section, the following: 

‘‘Sec. 

‘‘1200. Applicability of subchapter: members retired or separated before effective 

date of Armed Forces Disability Retirement Enhancement Act; 

certain members on temporary disability retired list as of effective date. 

‘‘1201. Regulars and members on active duty for more than 30 days: retirement. 

‘‘1202. Regulars and members on active duty for more than 30 days: temporary 

disability retired list. 

‘‘1203. Regulars and members on active duty for more than 30 days: separation. 

‘‘1204. Members on active duty for 30 days or less or on inactive-duty training: 

retirement. 

‘‘1205. Members on active duty for 30 days or less or on inactive-duty training: 

temporary disability retired list. 

‘‘1206. Members on active duty for 30 days or less or on inactive-duty training: 

separation.’’; 


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1 (4) by inserting after the subchapter heading 

2 for subchapter II, as added by subsection (a)(3) of 

3 this section, the following: 

‘‘Sec. 

‘‘1206a. Applicability of subchapter: members retired on or after effective date 

of Armed Forces Disability Retirement Enhancement Act. 

‘‘1206b. Applicability of subchapter: certain members retired on or after October 

7, 2001, but before effective date of Armed Forces Disability 

Retirement Enhancement Act. 

‘‘1206c. Applicability of subchapter: members on temporary disability retired list 

as of effective date of Armed Forces Disability Retirement Enhancement Act. 

‘‘1206d. Retirement. 

‘‘1206e. Temporary disability retired list. 

‘‘1206f. Treatment of retirement pay. 

‘‘1206g. Determinations of unfitness.’’; 

4 and 

5 (5) by inserting after the subchapter heading 

6 for subchapter III, as added by subsection (a)(3) of 

7 this section, the following: 

‘‘Sec. 

‘‘1207. Disability from intentional misconduct or willful neglect: separation. 

‘‘1207a. Members with over eight years of active service: eligibility for disability 

retirement for pre-existing conditions. 

‘‘1207b. Reserve component members unable to perform duties when ordered to 

active duty: disability system processing. 

‘‘1208. Computation of service. 

‘‘1209. Transfer to inactive status list instead of separation. 

‘‘1210. Members on temporary disability retired list: periodic physical examination; final determination of status. 

‘‘1211. Members on temporary disability retired list: return to active duty; promotion. 

‘‘1212. Disability severance pay. 

‘‘1213. Effect of separation on benefits and claims. 

‘‘1214. Right to full and fair hearing. 

‘‘1215. Members other than Regulars: applicability of laws. 

‘‘1216. Secretaries: powers, functions, and duties. 

‘‘1217. Academy cadets and midshipmen: applicability of chapter. 

‘‘1218. Discharge or release from active duty: claims for compensation, pension, 

or hospitalization. 

‘‘1219. Statement of origin of disease or injury: limitations. 

‘‘1220. Definition of disability. 

‘‘1221. Effective date of retirement or placement of name on temporary disability retired list.’’. 


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1 (d) ELIGIBILITY FOR DISABILITY RETIREMENT FOR

2 PRE-EXISTING CONDITION AFTER EIGHT YEARS OF

3 SERVICE.—Section 1207a(a) of title 10, United States 

4 Code, is amended by striking ‘‘or 1203’’ and inserting 

5 ‘‘1203, 1206b, 1206c, 1206d, or 1206e’’. 

6 (e) COMPUTATION OF RETIREMENT PAY.—The table 

7 in section 1401(a) of title 10, United States Code, is 

8 amended by inserting after the matter relating to Formula 

9 2 the following matter: 

‘‘3 1206b Retired pay base 21⁄2% of years of service 

1206c as computed credited to the person 

1206d under section under section 1208.1’’. 

1206e 1406(b) or 

1407. 

10 (f) CONFORMING AMENDMENTS RELATING TO RE11 TIREMENT PAY.— 

12 (1) RECOMPUTATION OF RETIREMENT PAY TO

13 REFLECT LATER ACTIVE DUTY.—Sections 1402(b) 

14 and 1402a(b) of title 10, United States Code, are 

15 each amended by striking ‘‘chapter 61 of this title’’ 

16 and inserting ‘‘subchapter I of chapter 61 of this 

17 title’’. 

18 (2) RETIREMENT PAY BASE FOR MEMBERS RE19 TIRED BEFORE SEPTEMBER 8, 1980.—The items in 

20 the column in the table in section 1406(b)(1) of such 

21 title designated ‘‘For a member entitled to retireVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H296.IH H296

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1 ment pay under section:’’ are amended to read as 

2 follows: 

‘‘1201 

1202 

1204 

1205 

1206b 

1206c 

1206d 

1206e’’. 

3 (3) RETIREMENT PAY BASE FOR MEMBERS RE4 TIRED AFTER SEPTEMBER 7, 1980.—Section 1407 of 

5 such title is amended— 

6 (A) in subsection (c)— 

7 (i) in paragraph (1), by striking 

8 ‘‘other than section 1204 or 1205 or sec9 tion 12731 of this title’’ and inserting 

10 ‘‘(other than section 1204, 1205, or 12731 

11 of this title, or section 1206b, 1206c, 

12 1206d, or 1206e of this title for nonreg13 ular service)’’; 

14 (ii) in paragraph (2), by inserting ‘‘, 

15 or under section 1206b, 1206c, 1206d, or 

16 1206e of this title for regular service,’’ 

17 after ‘‘section 1201 or 1202 of this title’’; 

18 and 

19 (iii) in paragraph (3)— 

20 (I) by striking ‘‘section 1201 or 

21 1202’’ and inserting ‘‘section 1201, 


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1 1202, 1206b, 1206c, 1206d, or 

2 1206e’’; and 

3 (II) by inserting ‘‘or under sec4 tion 1206b, 1206c, 1206d, or 1206e 

5 of this title for nonregular service’’ 

6 before the period; and 

7 (B) in subsection (d)— 

8 (i) in paragraph (2), by inserting ‘‘, or 

9 under section 1206b, 1206c, 1206d, or 

10 1206e of this title for nonregular service,’’ 

11 after ‘‘section 1204 or 1205 of this title’’; 

12 and 

13 (ii) in paragraph (3), inserting ‘‘, or 

14 under section 1206, 1206c, 1206d, or 

15 1206e of this title for nonregular service,’’ 

16 after ‘‘section 1204 or 1205 of this title’’. 

17 (4) GRADE ON RETIREMENT FOR DISABILITY.— 

18 Section 1372 of such title is amended— 

19 (A) by striking ‘‘section 1201 or 1204’’ 

20 and inserting ‘‘section 1201, 1204, 1206b, 

21 1206c, or 1206d’’; and 

22 (B) by striking ‘‘section 1202 or 1205’’ 

23 and inserting ‘‘section 1202, 1205, or 1206e’’. 


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1 SEC. 3. CONTINUATION OF RESPITE CARE AND AID AND 

2 OTHER EXTENDED CARE BENEFITS FOR 

3 MEMBERS OF THE UNIFORMED SERVICES 

4 WHO INCUR A SERIOUS INJURY OR ILLNESS 

5 ON ACTIVE DUTY. 

6 Section 1074(c)(4) of title 10, United States Code, 

7 is amended— 

8 (1) by redesignating subparagraph (B) as sub9 paragraph (C); and 

10 (2) by inserting after subparagraph (A) the fol11 lowing new subparagraph (B): 

12 ‘‘(B) Coverage for a member under this paragraph 

13 may continue for such period after the discharge or sepa14 ration of the member from active duty as the Secretary 

15 considers appropriate.’’. 

16 SEC. 4. EXPANDED AVAILABILITY AND USE OF DEPART17 MENT OF LABOR TRANSITION ASSISTANCE 

18 PROGRAM FOR SEPARATING MEMBERS OF 

19 THE ARMED FORCES. 

20 (a) PARTICIPATION OF MEMBERS.—Section 1144 of 

21 title 10, United States Code, is amended— 

22 (1) in subsection (a)(1), by striking the second 

23 sentence and inserting the following new sentences: 

24 ‘‘When services under the program are provided as 

25 part of preseparation counseling under section 

26 1142(a) of this title, the services shall be provided 


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1 to the member within the time periods provided 

2 under paragraph (3) of such section. Paragraph (4) 

3 of such section shall apply with respect to deter4 mining the eligibility of members and their spouses 

5 for services under the program.’’; and 

6 (2) in subsection (c), by striking ‘‘encourage 

7 and otherwise promote maximum participation by 

8 members of the armed forces eligible for assistance 

9 under’’ and inserting ‘‘require members of the 

10 armed forces described in subsection (a)(1) to par11 ticipate in’’. 

12 (b) CROSS REFERENCE IN PRESEPARATION COUN13 SELING PROVISION.—Section 1142(a) of such title is 

14 amended by striking paragraph (2) and inserting the fol15 lowing new paragraph: 

16 ‘‘(2) In carrying out this section, the Secretary con17 cerned shall— 

18 ‘‘(A) utilize the services available under the 

19 transition assistance program required by section 

20 1144 of this title; and 

21 ‘‘(B) require members under the jurisdiction of 

22 the Secretary who are undergoing preseparation 

23 counseling to participate in the program.’’. 

Æ 


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