[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Introduced in House (IH)]






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service Members' Enhanced Transition 
Services Act of 2005''.

SEC. 2. TRANSMITTAL TO DEPARTMENT OF VETERANS AFFAIRS OF MEDICAL 
              RECORDS OF ALL MEMBERS SEPARATING FROM ACTIVE DUTY.

    Chapter 58 of title 10, United States Code, is amended--
            (1) by inserting before subsection (c) of section 1142 the 
        following:
``Sec. 1142a. Members separating from active duty: transmittal of 
              medical records to Department of Veterans Affairs'';
        and
            (2) in section 1142a, as designated by paragraph (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 amended--
            (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 paragraph (7); and
            (3) by inserting after paragraph (3) the following 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 concerned shall 
ensure that such counseling and services are provided to officers as 
well as enlisted members.
    ``(6) The Secretary concerned shall ensure that commanders 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 Additional Individualized 
        Transitional Services.--Counseling and additional 
        individualized transitional services under'';
            (2) by striking ``(4) Information concerning Government'' 
        and inserting the following:
            ``(4) Provision of information concerning civilian 
        occupations and related assistance programs, including 
        information about--
                    ``(A) certification and licensure requirements that 
                are applicable to civilian occupations;
                    ``(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 National Veterans Business Development 
        Corporation.
            ``(13) Information concerning employment and reemployment 
        rights and obligations under chapter 43 of title 38.
            ``(14) Information concerning veterans preference in 
        Federal employment and Federal procurement opportunities.
            ``(15) Information concerning homelessness, including risk 
        factors, awareness assessment, and contact information for 
        preventative assistance associated with homelessness.
            ``(16) Contact information for housing counseling 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 determined pursuant 
        to the preseparation physical examination conducted under 
        section 1145(d) of this title, may be eligible for compensation 
        or pension benefits under the laws administered by the 
        Secretary of Veterans Affairs, a referral (to be provided with 
        the assistance 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 further amended by 
adding at the end the following new subsections:
    ``(c) Content Relevant to Regular and Reserve Component Members.--
The Secretary concerned shall ensure that preseparation counseling and 
services under this section include material that is specifically 
relevant 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 provided under this section include the 
following:
            ``(1) Each military installation under the jurisdiction 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 provision 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 consistent with the scope and content of the materials 
presented 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 member of a reserve component separated from active duty not 
later than 180 days after such separation.
    ``(g) Updated Content of Materials and Activities.--The Secretary 
concerned shall, on a continuing basis, update the content of the 
materials used by the National Veterans Training Institute and other 
activities of the Secretary that provide direct training support to 
personnel 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 members of a 
reserve component being discharged or released from active duty are 
provided preseparation counseling and services under this section.
    ``(i) Minimum Required Individualized Services.--(1) In carrying 
out this section, the Secretary concerned 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 section.
    ``(2) In order to ensure that the requirements of paragraph (1) are 
met, the Secretary concerned shall ensure, for each fiscal year, that 
there is allocated, from the appropriate operation and maintenance or 
military personnel accounts, such amounts as necessary to provide for 
the individualized transition services required under that paragraph 
for each member expected to receive such services during the fiscal 
year.''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading for section 1142 of such 
        title is amended to read as follows:
``Sec. 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 ASSISTANCE PROGRAM.

    (a) Additional Elements of Program.--Subsection (b) of section 1144 
of title 10, United States Code, is amended by adding at the end the 
following new paragraphs:
            ``(9) Provide 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.
            ``(10) Provide information concerning veterans small 
        business ownership and entrepreneurship programs of the Small 
        Business Administration and the National Veterans Business 
        Development Corporation.
            ``(11) Provide information concerning employment and 
        reemployment rights and obligations under chapter 43 of title 
        38.
            ``(12) Provide information concerning veterans preference 
        in Federal employment and Federal procurement opportunities.
            ``(13) Provide information concerning homelessness, 
        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 determined pursuant 
        to the preseparation physical examination conducted under 
        section 1145(d) of this title, may be eligible for compensation 
        or pension benefits under the laws administered by the 
        Secretary of Veterans Affairs, a referral (to be provided with 
        the assistance of the Secretary of Veterans Affairs) for a 
        compensation and pension examination by the Secretary of 
        Veterans Affairs.''.
    (b) Required Participation for Certain Members.--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 objective that the 
                member was pursuing when called or ordered to such 
                active duty.
    ``(3) Members of the armed forces eligible for assistance 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 commanders of 
members who are required to be provided assistance under this section 
authorize the members to be provided such assistance during duty 
time.''.
    (c) Required Updating of Materials.--Such section is further 
amended by adding at the end the following new subsection:
    ``(e) Updating of Materials.--The Secretary shall, on a continuing 
basis, update the content of the materials used by the National 
Veterans Training Institute of the Department of Labor and the 
Secretary's other materials that provide direct training support to 
personnel who carry out the program established in this section.''.
    (d) Cross-Reference Amendment.--Subsection (a)(1) of such section 
is amended by striking ``paragraph (4)(A)'' in the second sentence and 
inserting ``paragraph (7)(A)''.
                                 <all>