[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1341

    To amend title 10, United States Code, to improve transitional 
 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

                             June 30, 2005

 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 transitional 
 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 2005''.

SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS.

    (a) Preseparation Counseling.--Section 1142 of title 10, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``provide for 
                individual preseparation counseling'' and inserting 
                ``shall provide individual preseparation counseling'';
                    (B) by redesignating paragraph (4) as paragraph 
                (6); and
                    (C) by inserting after paragraph (3) the following:
    ``(4) For members of the reserve components who have been serving 
on active duty continuously for at least 180 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) in subsection (b)--
                    (A) in paragraph (4), by striking ``(4) Information 
                concerning'' and inserting the following:
            ``(4) Provision of information on civilian occupations and 
        related assistance programs, including information concerning--
                    ``(A) certification and licensure requirements that 
                are applicable to civilian occupations;
                    ``(B) civilian occupations that correspond to 
                military occupational specialties; and
                    ``(C)''; and
                    (B) by adding at the end the following:
            ``(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 
        assistance.
            ``(17) A description, developed in consultation with the 
        Secretary of Veterans Affairs, of health care and other 
        benefits to which the member may be entitled under the laws 
        administered by the Secretary of Veterans Affairs.
            ``(18) If a member is eligible, based on a preseparation 
        physical examination, for compensation benefits under the laws 
        administered by the Secretary of Veterans Affairs, a referral 
        for a medical examination by the Secretary of Veterans Affairs 
        (commonly known as a `compensation and pension 
        examination').'';
            (3) by adding at the end the following:
    ``(d) 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--
                    ``(i) persons being separated from active duty by 
                discharge from a regular component of the armed forces; 
                and
                    ``(ii) members of the reserve components being 
                separated from active duty;
            ``(B) the locations at which preseparation counseling is 
        presented to eligible personnel include--
                    ``(i) each military installation under the 
                jurisdiction of the Secretary;
                    ``(ii) each armory and military family support 
                center of the National Guard;
                    ``(iii) inpatient medical care facilities of the 
                uniformed services where such personnel are receiving 
                inpatient care; and
                    ``(iv) 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) follow up 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.
    ``(e) National Guard Members on Duty in State Status.--(1) Members 
of the National Guard, who are separated from long-term duty to which 
ordered under section 502(f) of title 32, shall 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 preseparation counseling provided personnel under 
paragraph (1) shall include material that is specifically relevant to 
the needs of such personnel as members of the National Guard.
    ``(3) The Secretary of Defense shall prescribe, by regulation, the 
standards for determining long-term duty under paragraph (1).''; and
            (4) by amending the heading to read as follows:
``Sec. 1142. Members separating from active duty: preseparation 
              counseling''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 58 of title 10, United States Code, is amended by striking the 
item relating to section 1142 and inserting the following:

``1142. Members separating from active duty: preseparation 
                            counseling.''.
    (c) Department of Labor Transitional Services Program.--Section 
1144 of title 10, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``paragraph (4)(A)'' 
        in the second sentence and inserting ``paragraph (6)(A)'';
            (2) by amending subsection (c) to read as follows:
    ``(c) Participation.--(1) Subject to paragraph (2), the Secretary 
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 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; 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) 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.''; and
            (3) by adding at the end the following:
    ``(e) Updated Materials.--The Secretary concerned shall, on a 
continuing basis, update the content of all materials used by the 
Department of Labor that provide direct training support to personnel 
who provide transitional services counseling under this section.''.

SEC. 3. BENEFITS DELIVERY AT DISCHARGE PROGRAMS.

    (a) Plan for Maximum Access to Benefits.--
            (1) In general.--The Secretary of Defense, the Secretary of 
        Homeland Security, and the Secretary of Veterans Affairs shall 
        jointly submit to Congress a plan to maximize access to 
        benefits delivery at discharge programs for members of the 
        Armed Forces.
            (2) Contents.--The plan submitted under paragraph (1) shall 
        include a description of efforts to ensure that services under 
        programs described in paragraph (1) are provided, to the 
        maximum extent practicable--
                    (A) at each military installation under the 
                jurisdiction of the Secretary;
                    (B) at each armory and military family support 
                center of the National Guard;
                    (C) at each installation and inpatient medical care 
                facility of the uniformed services at which personnel 
                eligible for assistance under such programs are 
                discharged from the armed forces; and
                    (D) in the case of a member on the temporary 
                disability retired list under section 1202 or 1205 of 
                title 10, United States Code, who is being retired 
                under another provision of such title or is being 
                discharged, at a location reasonably convenient to the 
                member.
    (b) Definition.--In this section, the term ``benefits delivery at 
discharge program'' means a program administered jointly by the 
Secretary of Defense and the Secretary of Veterans Affairs to provide 
information and assistance on available benefits and other transition 
assistance to members of the Armed Forces who are separating from the 
Armed Forces, including assistance to obtain any disability benefits 
for such members may be eligible.

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:
    ``(c) Physical Medical Examinations.--(1) The Secretary shall--
            ``(A) prescribe the minimum content and standards that 
        apply for the physical medical examinations required under this 
        section; and
            ``(B) ensure that the content and standards prescribed 
        under subparagraph (A) are uniformly applied at all 
        installations and medical facilities of the armed forces where 
        physical medical examinations required under this section are 
        performed for members of the armed forces returning from a 
        deployment described in subsection (a).
    ``(2) An examination consisting solely or primarily of an 
assessment questionnaire completed by a member does not meet the 
requirements under this section for--
            ``(A) a physical medical examination; or
            ``(B) an assessment.
    ``(3) The content and standards prescribed under paragraph (1) for 
mental health screening and assessment shall include--
            ``(A) content and standards for screening mental health 
        disorders; and
            ``(B) in the case of acute post-traumatic stress disorder 
        and delayed onset post-traumatic stress disorder, specific 
        questions to identify stressors experienced by members that 
        have the potential to lead to post-traumatic stress disorder, 
        which questions may be taken from or modeled after the post-
        deployment assessment questionnaire used in June 2005.
    ``(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) Follow up Services.--(1) The Secretary, 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 post-
deployment medical examination carried out under the system established 
under this section, receives an indication for a referral for follow up 
treatment from the health care provider who performs the examination.
    ``(2) Assistance required to be provided to a member under 
paragraph (1) includes--
            ``(A) information regarding, and any appropriate referral 
        for, the care, treatment, and other services that the Secretary 
        or the Secretary of Veterans Affairs may provide to such member 
        under any other provision of law, including--
                    ``(i) clinical services, including counseling and 
                treatment for post-traumatic stress disorder and other 
                mental health conditions; and
                    ``(ii) any other care, treatment, and services;
            ``(B) information on the private sector sources of 
        treatment that are available to the member in the member's 
        community; and
            ``(C) assistance to enroll in the health care system of the 
        Department of Veterans Affairs 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 to 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 submitted under paragraph (1) shall include--
            (A) the number of persons treated;
            (B) the types of interventions; and
            (C) the programs that are in place for each of the Armed 
        Forces to identify and treat cases of post-traumatic stress 
        disorder and related conditions.

SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE AGENCIES AND 
              ORGANIZATIONS.

    (a) Department of Defense.--
            (1) In general.--Chapter 58 of title 10, United States 
        Code, is amended by adding at the end the following:
``Sec. 1154. Veteran-to-veteran preseparation counseling
    ``(a) Cooperation Required.--The Secretary 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 
duty, or retirement.
    ``(b) Required Program Element.--The program under this section 
shall provide for representatives of military and veterans' service 
organizations and representatives of veterans' services agencies of 
States to be invited to participate in the preseparation counseling and 
other assistance briefings provided to members under the programs 
carried out under sections 1142 and 1144 of this title and the benefits 
delivery at discharge programs.
    ``(c) Locations.--The program under this section shall provide for 
access to members--
            ``(1) at each installation of the armed forces;
            ``(2) at each armory and military family support center of 
        the National Guard;
            ``(3) at each inpatient medical care facility of the 
        uniformed services administered under chapter 55 of this title; 
        and
            ``(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, at a location reasonably convenient to the member.
    ``(d) Consent of Members Required.--Access to a member of the armed 
forces under the program under this section is subject to the consent 
of the member.
    ``(e) Definitions.--In this section:
            ``(1) The term `benefits delivery at discharge program' 
        means a program administered jointly by the Secretary and the 
        Secretary of Veterans Affairs to provide information and 
        assistance on available benefits and other transition 
        assistance to members of the armed forces who are separating 
        from the armed forces, including assistance to obtain any 
        disability benefits for which such members may be eligible.
            ``(2) The term `representative', with respect to a 
        veterans' service organization, means a representative of an 
        organization who is recognized by the Secretary of Veterans 
        Affairs for the representation of veterans under section 5902 
        of title 38.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 58 of title 10, United States Code, is 
        amended by adding at the end the following:

``1154. Veteran-to-veteran preseparation counseling.''.
    (b) Department of Veterans Affairs.--
            (1) In general.--Subchapter I of chapter 17 of title 38, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 1709. Veteran-to-veteran counseling
    ``(a) Cooperation Required.--The Secretary 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 veterans furnished care and services 
under this chapter to provide information and counseling to such 
veterans on--
            ``(1) the care and services authorized by this chapter; and
            ``(2) other benefits and services available under the laws 
        administered by the Secretary.
    ``(b) Facilities Covered.--The program under this section shall 
provide for access to veterans described in subsection (a) at each 
facility of the Department and any non-Department facility at which the 
Secretary furnishes care and services under this chapter.
    ``(c) Consent of Veterans Required.--Access to a veteran under the 
program under this section is subject to the consent of the veteran.
    ``(d) Definition.--In this section, the term `veterans' service 
organization' means an organization who is recognized by the Secretary 
for the representation of veterans under section 5902 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of title 38, United States Code, is 
        amended by inserting after the item relating to section 1708 
        the following:

``1709. Veteran-to-veteran counseling.''.
                                 <all>