187
‘‘(A) assignment and training of staff; 
‘‘(B) operating procedures; and 
‘‘(C) consistency and timeliness of board deci-
sions. 
‘‘(2) The Secretary shall assess compliance with 
standards and guidelines prescribed under paragraph (1) 
by each physical evaluation board at least once every three 
years.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item:
‘‘1222.
Physical evaluation boards.’’.
(b) EFFECTIVE DATE.—Section 1222 of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to decisions rendered on cases com-
menced more than 120 days after the date of the enact-
ment of this Act. 
SEC. 588. DEPARTMENT OF LABOR TRANSITIONAL ASSIST-
ANCE PROGRAM. 
(a) REQUIRED PARTICIPATION FOR CERTAIN MEM-
BERS.—Subsection (c) of section 1144 of title 10, United 
States Code, is amended to read as follows: 
‘‘(c) PARTICIPATION.—(1) Except as provided in 
paragraph (2), the Secretary of Defense shall require par-
ticipation by members of the armed forces eligible for as-
sistance under the program carried out under this section.
188
‘‘(2) The Secretary of Defense need not require, but 
shall encourage and otherwise promote, participation in 
the program by the following members described in para-
graph (1): 
‘‘(A) A member who has previously participated 
in the program. 
‘‘(B) A member who, upon discharge or release 
from active duty, is returning to—
‘‘(i) a position of employment; or 
‘‘(ii) pursuit of an academic degree or 
other educational or occupational training ob-
jective that the members was pursuing when 
called or ordered to such active duty. 
‘‘(3) Members of the armed forces eligible for assist-
ance under this section include—
‘‘(A) members of the reserve components being 
separated from service on active duty for a period of 
more than 30 days; and 
‘‘(B) members of the National Guard being sep-
arated from full-time National Guard duty. 
‘‘(4) The Secretary concerned shall ensure that com-
manders of members who are required to be provided as-
sistance under this section authorize the members to be 
provided such assistance during duty time.’’.
189
(b) REQUIRED UPDATING
OF MATERIALS.—Such 
section is further amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) UPDATING OF MATERIALS.—The Secretary con-
cerned shall, on a continuing basis, update the content of 
the materials used by the National Veterans Training In-
stitute of the Department of Labor and the Secretary’s 
other materials that provide direct training support to per-
sonnel who carry out the program established in this sec-
tion.’’. 
SEC. 589. REVISION IN GOVERNMENT CONTRIBUTIONS TO 
MEDICARE-ELIGIBLE RETIREE HEALTH CARE 
FUND. 
(a) MEDICARE ELIGIBLE RETIREE HEALTH CARE 
FUND.—Section 1111 of title 10, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘of the De-
partment of Defense’’; 
(2) in subsection (b), by adding at the end of 
the following new paragraph: 
‘‘(5) The term ‘members of the uniformed serv-
ices on active duty’ does not include a cadet at the 
United States Military Academy, the United States 
Air Force Academy, or the Coast Guard Academy or
190
a midshipman at the United States Naval Acad-
emy.’’; and 
(3) in the last sentence of subsection (c)—
(A) by striking ‘‘Secretary of Defense’’ and 
inserting ‘‘Secretary of the Treasury’’; and 
(B) by striking ‘‘section 1116(a)’’ and in-
serting ‘‘section 1116 of this title’’. 
(b) DETERMINATION OF CONTRIBUTIONS TO THE 
FUND.—Section 1115 of such title is amended—
(1) in the last sentence of subsection (a)—
(A) by inserting ‘‘by the Secretary of the 
Treasury’’ after ‘‘Contributions to the Fund’’; 
and 
(B) by striking ‘‘section 1116(c)’’ and in-
serting ‘‘section 1116(a)(1)’’. 
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), 
by striking the first sentence and inserting the 
following: ‘‘The Secretary of the Treasury, 
based on data provided by the Secretary of De-
fense, shall determine, before the beginning of 
each fiscal year, the amount that the Secretary 
of the Treasury shall contribute to the Fund 
during that fiscal year under section 1116(a)(2) 
of this title.’’;
191
(B) in paragraph (1)(B), by inserting be-
fore the period at the end the following: ‘‘, but 
excluding any member who would be excluded 
for active-duty end strength purposes by section 
115(I) of this title’’; and 
(C) in paragraph (2)(B)—
(I) by striking ‘‘Ready Reserve’’ and 
inserting ‘‘Selected Reserve’’; and 
(ii) by striking ‘‘(other than members 
on full-time National Guard duty other 
than for training)’’; and 
(3) in subsection (c)—
(A) in paragraph (1)(A), by inserting be-
fore the semicolon the following: ‘‘, but exclud-
ing any member who would be excluded for ac-
tive-duty end strength purposes by section 
115(I) of this title’’; 
(B) in paragraph (1)(B)—
(I) by striking ‘‘Ready Reserve’’ and 
inserting ‘‘Selected Reserve’’; and 
(ii) by striking ‘‘(other than members 
on full-time National Guard duty other 
than for training)’’; and 
(C) in paragraph (5), by inserting after 
‘‘(5)’’ the following new sentence: ‘‘The Sec-