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108th CONGRESS
2d Session
S. 2427
To amend title 10, United States Code, to improve transition assistance
provided for members of the armed forces being discharged, released
from active duty, or retired, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2004
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve transition assistance
provided for 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 ``Veterans' Enhanced Transition
Services Act of 2004''.
SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS.
(a) Transmittal of Medical Records of All Members Separating From
Active Duty to Department of Veterans Affairs.--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'';
(2) by striking ``(c) Transmittal of Medical Information to
Department of Veterans Affairs.--''; and
(3) by striking ``a member being medically separated or
being retired under chapter 61 of this title'' and inserting
``each member who is entitled to counseling and other services
under section 1142 of this title''.
(b) Preseparation Counseling.--(1) Subsection (a) of section 1142
of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``shall provide for
individual separation counseling'' and inserting ``shall
provide individual separation counseling'';
(B) by redesignating paragraph (4) as paragraph (6); and
(C) 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 under this
section be provided to all such members (including officers) before the
members are separated.
``(5) The Secretary concerned shall ensure that commanders of
members entitled to services under this section authorize the members
to obtain such services during duty time.''.
(2) Subsection (b)(4) of such section 1142 is amended by striking
``(4) Information concerning'' and inserting the following:
``(4) Provide information on 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)''.
(3) Section 1142 of such title is further amended by adding at the
end the following new subsections:
``(c) Additional Requirements.--(1) The Secretary concerned shall
ensure that--
``(A) preseparation counseling under this section includes
material that is specifically relevant to the needs of persons
being separated from active duty by discharge from a regular
component of the armed forces and the needs of members of the
reserve components being separated from active duty;
``(B) the locations at which preseparation counseling is
presented to eligible personnel include--
``(i) inpatient medical care facilities of the
uniformed services where such personnel are receiving
inpatient care; and
``(ii) 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.
``(C) the scope and content of the material presented in
preseparation counseling at each location under this section
are consistent with the scope and content of the material
presented in the preseparation counseling at the other
locations under this section; and
``(D) followup counseling is provided for each member of
the reserve components described in subparagraph (A) not later
than 180 days after separation from active duty.
``(2) The Secretary concerned shall, on a continuing basis, update
the content of the materials used by the National Veterans Training
Institute and such officials' other activities that provide direct
training support to personnel who provide preseparation counseling
under this section.
``(d) National Guard Members on Duty in State Status.--(1) Members
of the National Guard being separated from long-term duty to which
ordered under section 502(f) of title 32 shall also be provided
preseparation counseling under this section to the same extent that
members of the reserve components being discharged or released from
active duty are provided preseparation counseling under this section.
``(2) The Secretary of Defense shall prescribe in regulations the
standards for determining long-term duty for the purposes of paragraph
(1).''.
(4)(A) The heading for section 1142 of such title is amended to
read as follows:
``Sec. 1142. Members separating from active duty: preseparation
counseling''.
(B) 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.
``1142a. Members separating from active duty: transmittal of medical
records to Department of Veterans
Affairs.''.
(c) Department of Labor Transitional Services Program.--(1)
Subsection (c) of section 1144 of title 10, United States Code, 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 of the armed
forces described in paragraph (1):
``(A) Each member who has previously participated in the
program.
``(B) Each member who, upon discharge or release from
active duty, is returning to--
``(i) a position of employment previously held by
such member; 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.''.
(2) Subsection (a)(1) of such section is amended by striking
``paragraph (4)(A)'' in the second sentence and inserting ``paragraph
(6)(A)''.
(d) Study on Coordination of Job Training and Certification
Standards.--The Secretary of Defense and the Secretary of Labor shall
jointly carry out a study to determine ways to coordinate the standards
applied by the Armed Forces for the training and certification of
members of the Armed Forces in military occupational specialties with
the standards that apply under State laws to the training and
certification of persons in corresponding civilian occupations.
SEC. 3. BENEFITS DELIVERY DISCHARGE PROGRAM.
(a) Accessibility of Information.--Chapter 58 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1154. Requirements applicable to all benefits delivery at
discharge programs
``(a) Locations.--The Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veterans Affairs shall ensure
that the benefits delivery at discharge programs for members of the
armed forces are provided--
``(1) at each installation and inpatient medical care
facility of the uniformed services at which personnel eligible
for assistance under the programs are discharged from the armed
forces; and
``(2) 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, at a location reasonably convenient to the member.
``(b) Participation of Military and Veterans' Service
Organizations.--The Secretary of Defense, the Secretary of Homeland
Security, and the Secretary of Veterans Affairs shall ensure that
representatives of military and veterans' service organizations and
representatives of veterans' services agencies of States are invited to
participate in the benefits delivery at discharge programs at the
locations where assistance under the programs is provided.
``(c) Benefits Delivery at Discharge Programs Defined.--In this
section, the term `benefits delivery at discharge programs' means the
programs under sections 1142 and 1144 of this title and any similar
programs administered by, in conjunction with, or in consultation with
the Secretary of Defense or the Secretary of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1154. Requirements applicable to all benefits delivery at discharge
programs.''.
SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND SERVICES.
(a) Improvement of Medical Tracking System for Members Deployed
Overseas.--Section 1074f of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``(including an
assessment of mental health'' and inserting ``(which shall
include mental health screening and assessment'';
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Medical Examinations.--(1) The Secretary of Defense shall
prescribe the minimum content and standards that apply for the medical
examinations required under this section. The Secretary shall ensure
that the content and standards prescribed under the preceding sentence
are applied uniformly at all installations and medical facilities of
the armed forces where medical examinations required under this section
are performed for members of the armed forces returning from a
deployment as described in subsection (a).
``(2) The content and standards prescribed under paragraph (1) for
mental health screening and assessment shall include content and
standards for screening acute post-traumatic stress disorder and
delayed onset post-traumatic stress disorder, and shall specifically
include questions to identify all stressors experienced by members that
have the potential to lead to post-traumatic stress disorder.
``(3) An examination consisting solely or primarily of an
assessment questionnaire completed by a member does not meet the
requirements of this subsection for a medical examination and does not
meet the requirements of this section for an assessment.
``(4) An examination of a member required under this section may
not be waived by the Secretary (or any official exercising the
Secretary's authority under this section) or by the member.
``(d) Followup Services.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall ensure that
appropriate actions are taken to assist a member who, as a result of a
medical examination carried out under the system established under this
section, is identified or suspected as having an illness (including any
mental health condition) or injury.
``(2) Assistance required to be provided a member under paragraph
(1) includes the following:
``(A) Care and treatment and other services that the
Secretary of Defense or the Secretary of Veterans Affairs may
provide such member under any other provision of law, as
follows:
``(i) Clinical services, including counseling and
treatment for post-traumatic stress disorder and other
mental health conditions.
``(ii) Any other care, treatment, and services.
``(B) Assistance to enroll in the Department of Veterans
Affairs health care system for health care benefits for which
the member is eligible under laws administered by the Secretary
of Veterans Affairs.''.
(b) Report on PTSD Cases.--(1) The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to Congress a report
on the services provided members and former members of the Armed Forces
who experience post-traumatic stress disorder (and related conditions)
associated with service in the Armed Forces.
(2) The report under paragraph (1) shall include a discussion of
the policies, plans, and procedures of the Department of Defense and
the Department of Veterans Affairs for--
(A) the identification of cases of persons experiencing
post-traumatic stress disorder or related conditions,
intervention in such cases, and treatment of such persons; and
(B) the training of Department of Defense personnel and
Department of Veterans Affairs personnel regarding such
disorder and conditions.
(c) Study on DoD-VA Coordination and Cooperation.--(1) The
Secretary of Defense and the Secretary of Veterans Affairs shall
jointly carry out a study to identify ways to improve the coordination
and cooperation between the two departments to support the provision of
veterans' benefits to members and former members of the Armed Forces
who have been deployed as described in section 1074f(a) of title 10,
United States Code, as well as to other members and former members of
the Armed Forces.
(2) The study under paragraph (1) shall, at a minimum, address the
following matters:
(A) Compatibility of health care filing systems.
(B) Consistency of claims forms.
(C) Consistency of medical examination forms.
(D) Shared electronic database with appropriate privacy
protections.
SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES AND
ORGANIZATIONS.
(a) Department of Defense.--(1) Chapter 58 of title 10, United
States Code, as amended by section 3(a), is further amended by adding
at the end the following new section:
``Sec. 1155. Veteran-to-veteran preseparation counseling
``(a) Cooperation Required.--The Secretary of Defense shall carry
out a program to facilitate the access of representatives of military
and veterans' service organizations and representatives of veterans'
services agencies of States to provide preseparation counseling and
services to members of the armed forces who are scheduled, or are in
the process of being scheduled, for discharge, release from active
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