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 Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Service Members’ En-
hanced Transition Services Act of 2005’’.
SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AF-
FAIRS OF MEDICAL RECORDS OF ALL MEM-
BERS SEPARATING FROM ACTIVE DUTY. 
Chapter 58 of title 10, United States Code, is amend-
ed— 
(1) by inserting before subsection (c) of section 
1142 the following: 
‘‘§ 1142a. Members separating from active duty: 
transmittal of medical records to Depart-
ment of Veterans Affairs’’; 
and 
(2) in section 1142a, as designated by para-
graph (1)— 
(A) by striking ‘‘(c) TRANSMITTAL
OF 
MEDICAL INFORMATION TO DEPARTMENT OF 
VETERANS AFFAIRS.—’’; 
(B) by striking ‘‘a member being medically 
separated or being retired under chapter 61 of 
this title’’ and inserting ‘‘each member of the 
armed forces being discharged, released from 
active duty, or retired’’; and 
(C) by inserting ‘‘of the member’’ before 
the period at the end.
SEC. 3. PRESEPARATION COUNSELING AND TRANSITION 
SERVICES. 
(a) INDIVIDUALIZED SERVICES, ETC.—Subsection (a) 
of section 1142 of title 10, United States Code, is amend-
ed— 
(1) in the first sentence of paragraph (1)— 
(A) by striking ‘‘shall (except as provided 
in paragraph (4)) provide for individual 
preseparation counseling of’’ and inserting 
‘‘shall (except as provided in paragraph (7)) 
provide preseparation counseling and additional 
individualized transition services to’’; and 
(B) by inserting ‘‘under conditions other 
than dishonorable’’ after ‘‘active duty’’; 
(2) by redesignating paragraph (4) as para-
graph (7); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraphs: 
‘‘(4) For members of the reserve components being 
separated from service on active duty for a period of more 
than 30 days, the Secretary concerned shall require that 
preseparation counseling and services under this section 
be provided to all such members before the members are 
separated.
‘‘(5) In carrying out this section, the Secretary con-
cerned shall ensure that such counseling and services are 
provided to officers as well as enlisted members. 
‘‘(6) The Secretary concerned shall ensure that com-
manders of members who are required to be provided 
preseparation counseling and services under this section 
authorize the members to be provided such counseling and 
services during duty time.’’. 
(b) ADDITIONAL INFORMATION TO BE PROVIDED.— 
Subsection (b) of such section is amended— 
(1) by striking ‘‘COUNSELING.—Counseling 
under’’ and inserting ‘‘COUNSELING
AND ADDI-
TIONAL
INDIVIDUALIZED
TRANSITIONAL
SERV-
ICES.—Counseling 
and 
additional 
individualized 
transitional services under’’; 
(2) by striking ‘‘(4) Information concerning 
Government’’ and inserting the following: 
‘‘(4) Provision of information concerning civil-
ian occupations and related assistance programs, in-
cluding information about— 
‘‘(A) certification and licensure require-
ments that are applicable to civilian occupa-
tions; 
‘‘(B) civilian occupations that correspond 
to military occupational specialties; and
‘‘(C) Government’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(11) Information concerning the priority of 
service for veterans in the receipt of employment, 
training, and placement services provided under 
qualified job training programs of the Department 
of Labor. 
‘‘(12) Information concerning veterans small 
business ownership and entrepreneurship programs 
of the Small Business Administration and the Na-
tional Veterans Business Development Corporation. 
‘‘(13) Information concerning employment and 
reemployment rights and obligations under chapter 
43 of title 38. 
‘‘(14) Information concerning veterans pref-
erence in Federal employment and Federal procure-
ment opportunities. 
‘‘(15) Information concerning homelessness, in-
cluding risk factors, awareness assessment, and con-
tact information for preventative assistance associ-
ated with homelessness. 
‘‘(16) Contact information for housing coun-
seling and assistance.
‘‘(17) A description (to be developed with the 
assistance of the Secretary of Veterans Affairs) of 
the health care and other benefits to which the 
member may be entitled under the laws administered 
by the Secretary of Veterans Affairs. 
‘‘(18) In the case of a member who, as deter-
mined pursuant to the preseparation physical exam-
ination conducted under section 1145(d) of this title, 
may be eligible for compensation or pension benefits 
under the laws administered by the Secretary of Vet-
erans Affairs, a referral (to be provided with the as-
sistance of the Secretary of Veterans Affairs) for a 
medical examination by the Secretary of Veterans 
Affairs referred to as a compensation and pension 
examination.’’. 
(c) ADDITIONAL PROVISIONS.—Such section is fur-
ther amended by adding at the end the following new sub-
sections: 
‘‘(c) CONTENT RELEVANT TO REGULAR AND RE-
SERVE COMPONENT MEMBERS.—The Secretary concerned 
shall ensure that preseparation counseling and services 
under this section include material that is specifically rel-
evant to the needs of members being separated from active 
duty from a regular component, the needs of members of 
the reserve components being separated from active duty,
and the needs of members of the National Guard being 
separated from full-time National Guard duty. 
‘‘(d) LOCATIONS FOR SERVICES TO BE PROVIDED.— 
The Secretary concerned shall ensure that the locations 
at which preseparation counseling and services are pro-
vided under this section include the following: 
‘‘(1) Each military installation under the juris-
diction of the Secretary. 
‘‘(2) Each armory and military family support 
center of the National Guard. 
‘‘(3) Each inpatient medical care facility of the 
uniformed services. 
‘‘(4) In the case of a member on the temporary 
disability retired list under section 1202 or 1205 of 
this title who is being retired under another provi-
sion of this title or is being discharged, a location 
reasonably convenient to the member. 
Counselors for the provision of preseparation counseling 
and services may be made available on a appointment 
basis and need not be stationed at the facilities specified 
in paragraphs (1) through (4) permanently. 
‘‘(e) CONSISTENCY OF MATERIALS.—The Secretary 
concerned shall ensure that the scope and content of the 
materials presented as part of preseparation counseling 
and services at each location under this section are con-
sistent with the scope and content of the materials pre-
sented as part of the preseparation counseling and services 
at the other locations under this section. 
‘‘(f) POST-SEPARATION FOLLOW-UP FOR RESERVE 
COMPONENT MEMBERS.—The Secretary concerned shall 
ensure that follow-up counseling is provided for each mem-
ber of a reserve component separated from active duty not 
later than 180 days after such separation. 
‘‘(g) UPDATED CONTENT OF MATERIALS AND AC-
TIVITIES.—The Secretary concerned shall, on a continuing 
basis, update the content of the materials used by the Na-
tional Veterans Training Institute and other activities of 
the Secretary that provide direct training support to per-
sonnel who provide preseparation counseling and other 
services under this section. 
‘‘(h) NATIONAL GUARD MEMBERS
ON DUTY
IN 
STATE STATUS.—Members of the National Guard being 
separated from duty to which ordered under section 502(f) 
of title 32 shall be provided preseparation counseling and 
services under this section to the same extent that mem-
bers of a reserve component being discharged or released 
from active duty are provided preseparation counseling 
and services under this section. 
‘‘(i) MINIMUM REQUIRED INDIVIDUALIZED SERV-
ICES.—(1) In carrying out this section, the Secretary con-
cerned ensure that at least eight hours of individualized 
transition 
services 
are 
provided, 
in 
addition 
to 
preseparation counseling and group workshops, for each 
member provided counseling and services under this sec-
tion. 
‘‘(2) In order to ensure that the requirements of 
paragraph (1) are met, the Secretary concerned shall en-
sure, for each fiscal year, that there is allocated, from the 
appropriate operation and maintenance or military per-
sonnel accounts, such amounts as necessary to provide for 
the individualized transition services required under that 
paragraph for each member expected to receive such serv-
ices during the fiscal year.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for sec-
tion 1142 of such title is amended to read as fol-
lows: 
‘‘§ 1142. 
Members 
separating 
from 
active 
duty: 
preseparation counseling and transition 
services’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 58 of such title is 
amended by striking the item relating to section 
1142 and inserting the following new items: 
‘‘1142. Members separating from active duty: preseparation counseling and 
transition services.
‘‘1142a. Members separating from active duty: transmittal of medical records 
to Department of Veterans Affairs.’’. 
SEC. 4. DEPARTMENT OF LABOR TRANSITIONAL ASSIST-
ANCE PROGRAM. 
(a) ADDITIONAL ELEMENTS
OF PROGRAM.—Sub-
section (b) of section 1144 of title 10, United States Code, 
is amended by adding at the end the following new para-
graphs: 
‘‘(9) Provide information concerning the pri-
ority of service for veterans in the receipt of employ-
ment, training, and placement services provided 
under qualified job training programs of the Depart-
ment of Labor. 
‘‘(10) Provide information concerning veterans 
small business ownership and entrepreneurship pro-
grams of the Small Business Administration and the 
National Veterans Business Development Corpora-
tion. 
‘‘(11) Provide information concerning employ-
ment and reemployment rights and obligations under 
chapter 43 of title 38. 
‘‘(12) Provide information concerning veterans 
preference in Federal employment and Federal pro-
curement opportunities. 
‘‘(13) Provide information concerning homeless-
ness, including risk factors, awareness assessment,
and contact information for preventative assistance 
associated with homelessness. 
‘‘(14) Provide contact information for housing 
counseling and assistance. 
‘‘(15) A description (to be developed with the 
assistance of the Secretary of Veterans Affairs) of 
the health care and other benefits to which the 
member may be entitled under the laws administered 
by the Secretary of Veterans Affairs. 
‘‘(16) In the case of a member who, as deter-
mined pursuant to the preseparation physical exam-
ination conducted under section 1145(d) of this title, 
may be eligible for compensation or pension benefits 
under the laws administered by the Secretary of Vet-
erans Affairs, a referral (to be provided with the as-
sistance of the Secretary of Veterans Affairs) for a 
compensation and pension examination by the Sec-
retary of Veterans Affairs.’’. 
(b) REQUIRED PARTICIPATION FOR CERTAIN MEM-
BERS.—Subsection (c) of such section is amended to read 
as follows: 
‘‘(c) PARTICIPATION.—(1) Subject to paragraph (2), 
the Secretary of Defense and the Secretary of Homeland 
Security shall require participation by members of the
armed forces eligible for assistance under the program 
carried out under this section. 
‘‘(2) The Secretary of Defense and the Secretary of 
Homeland Security need not require, but shall encourage 
and otherwise promote, participation in the program by 
the following members described in paragraph (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 member was pursuing when 
called or ordered to such active duty. 
‘‘(3) Members of the armed forces eligible for assist-
ance under this section include members of the reserve 
components being separated from service on active duty 
for a period of more than 30 days and members of the 
National Guard being separated 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.’’.