II 109th CONGRESS 1st Session S. 1341 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.

1.

Short title

This Act may be cited as the Veterans’ Enhanced Transition Services Act of 2005.

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:

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. .

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.

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.

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:

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:

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. .