II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Enhanced 

5 Transition Services Act of 2005’’. 
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1 SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL AS2 SISTANCE PROGRAMS. 

3 (a) PRESEPARATION COUNSELING.—Section 1142 of 

4 title 10, United States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by striking ‘‘provide 

7 for individual preseparation counseling’’ and in8 serting ‘‘shall provide individual preseparation 

9 counseling’’; 

10 (B) by redesignating paragraph (4) as 

11 paragraph (6); and 

12 (C) by inserting after paragraph (3) the 

13 following: 

14 ‘‘(4) For members of the reserve components who 

15 have been serving on active duty continuously for at least 

16 180 days, the Secretary concerned shall require that 

17 preseparation counseling under this section be provided to 

18 all such members (including officers) before the members 

19 are separated. 

20 ‘‘(5) The Secretary concerned shall ensure that com21 manders of members entitled to services under this section 

22 authorize the members to obtain such services during duty 

23 time.’’. 

24 (2) in subsection (b)— 
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1 (A) in paragraph (4), by striking ‘‘(4) In2 formation concerning’’ and inserting the fol3 lowing: 

4 ‘‘(4) Provision of information on civilian occu5 pations and related assistance programs, including 

6 information concerning— 

7 ‘‘(A) certification and licensure require8 ments that are applicable to civilian occupa9 tions; 

10 ‘‘(B) civilian occupations that correspond 

11 to military occupational specialties; and 

12 ‘‘(C)’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(11) Information concerning the priority of 

15 service for veterans in the receipt of employment, 

16 training, and placement services provided under 

17 qualified job training programs of the Department 

18 of Labor. 

19 ‘‘(12) Information concerning veterans small 

20 business ownership and entrepreneurship programs 

21 of the Small Business Administration and the Na22 tional Veterans Business Development Corporation. 

23 ‘‘(13) Information concerning employment and 

24 reemployment rights and obligations under chapter 

25 43 of title 38. 
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1 ‘‘(14) Information concerning veterans pref2 erence in federal employment and federal procure3 ment opportunities. 

4 ‘‘(15) Information concerning homelessness, in5 cluding risk factors, awareness assessment, and con6 tact information for preventative assistance associ7 ated with homelessness. 

8 ‘‘(16) Contact information for housing coun9 seling assistance. 

10 ‘‘(17) A description, developed in consultation 

11 with the Secretary of Veterans Affairs, of health 

12 care and other benefits to which the member may be 

13 entitled under the laws administered by the Sec14 retary of Veterans Affairs. 

15 ‘‘(18) If a member is eligible, based on a 

16 preseparation physical examination, for compensa17 tion benefits under the laws administered by the 

18 Secretary of Veterans Affairs, a referral for a med19 ical examination by the Secretary of Veterans Af20 fairs (commonly known as a ‘compensation and pen21 sion examination’).’’; 

22 (3) by adding at the end the following: 

23 ‘‘(d) ADDITIONAL REQUIREMENTS.—(1) The Sec24 retary concerned shall ensure that— 
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1 ‘‘(A) preseparation counseling under this sec2 tion includes material that is specifically relevant to 

3 the needs of— 

4 ‘‘(i) persons being separated from active 

5 duty by discharge from a regular component of 

6 the armed forces; and 

7 ‘‘(ii) members of the reserve components 

8 being separated from active duty; 

9 ‘‘(B) the locations at which preseparation coun10 seling is presented to eligible personnel include— 

11 ‘‘(i) each military installation under the ju12 risdiction of the Secretary; 

13 ‘‘(ii) each armory and military family sup14 port center of the National Guard; 

15 ‘‘(iii) inpatient medical care facilities of the 

16 uniformed services where such personnel are re17 ceiving inpatient care; and 

18 ‘‘(iv) in the case of a member on the tem19 porary disability retired list under section 1202 

20 or 1205 of this title who is being retired under 

21 another provision of this title or is being dis22 charged, a location reasonably convenient to the 

23 member; 

24 ‘‘(C) the scope and content of the material pre25 sented in preseparation counseling at each location 
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1 under this section are consistent with the scope and 

2 content of the material presented in the 

3 preseparation counseling at the other locations 

4 under this section; and 

5 ‘‘(D) follow up counseling is provided for each 

6 member of the reserve components described in sub7 paragraph (A) not later than 180 days after separa8 tion from active duty. 

9 ‘‘(2) The Secretary concerned shall, on a continuing 

10 basis, update the content of the materials used by the Na11 tional Veterans Training Institute and such officials’ other 

12 activities that provide direct training support to personnel 

13 who provide preseparation counseling under this section. 

14 ‘‘(e) NATIONAL GUARD MEMBERS ON DUTY IN

15 STATE STATUS.—(1) Members of the National Guard, 

16 who are separated from long-term duty to which ordered 

17 under section 502(f) of title 32, shall be provided 

18 preseparation counseling under this section to the same 

19 extent that members of the reserve components being dis20 charged or released from active duty are provided 

21 preseparation counseling under this section. 

22 ‘‘(2) The preseparation counseling provided personnel 

23 under paragraph (1) shall include material that is specifi24 cally relevant to the needs of such personnel as members 

25 of the National Guard. 
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1 ‘‘(3) The Secretary of Defense shall prescribe, by reg2 ulation, the standards for determining long-term duty 

3 under paragraph (1).’’; and 

4 (4) by amending the heading to read as follows: 

5 ‘‘§ 1142. Members separating from active duty: 

6 preseparation counseling’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 58 of title 10, United States 

9 Code, is amended by striking the item relating to section 

10 1142 and inserting the following:

‘‘1142. Members separating from active duty: preseparation counseling.’’.

11 (c) DEPARTMENT OF LABOR TRANSITIONAL SERV12 ICES PROGRAM.—Section 1144 of title 10, United States 

13 Code, is amended— 

14 (1) in subsection (a)(1), by striking ‘‘paragraph 

15 (4)(A)’’ in the second sentence and inserting ‘‘para16 graph (6)(A)’’; 

17 (2) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) PARTICIPATION.—(1) Subject to paragraph (2), 

20 the Secretary and the Secretary of Homeland Security 

21 shall require participation by members of the armed forces 

22 eligible for assistance under the program carried out 

23 under this section. 

24 ‘‘(2) The Secretary and the Secretary of Homeland 

25 Security need not require, but shall encourage and other-
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1 wise promote, participation in the program by the fol2 lowing members of the armed forces described in para3 graph (1): 

4 ‘‘(A) Each member who has previously partici5 pated in the program. 

6 ‘‘(B) Each member who, upon discharge or re7 lease from active duty, is returning to— 

8 ‘‘(i) a position of employment; or 

9 ‘‘(ii) pursuit of an academic degree or 

10 other educational or occupational training ob11 jective that the member was pursuing when 

12 called or ordered to such active duty. 

13 ‘‘(3) The Secretary concerned shall ensure that com14 manders of members entitled to services under this section 

15 authorize the members to obtain such services during duty 

16 time.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(e) UPDATED MATERIALS.—The Secretary con19 cerned shall, on a continuing basis, update the content of 

20 all materials used by the Department of Labor that pro21 vide direct training support to personnel who provide tran22 sitional services counseling under this section.’’. 

23 SEC. 3. BENEFITS DELIVERY AT DISCHARGE PROGRAMS. 

24 (a) PLAN FOR MAXIMUM ACCESS TO BENEFITS.— 
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1 (1) IN GENERAL.—The Secretary of Defense, 

2 the Secretary of Homeland Security, and the Sec3 retary of Veterans Affairs shall jointly submit to 

4 Congress a plan to maximize access to benefits deliv5 ery at discharge programs for members of the 

6 Armed Forces. 

7 (2) CONTENTS.—The plan submitted under 

8 paragraph (1) shall include a description of efforts 

9 to ensure that services under programs described in 

10 paragraph (1) are provided, to the maximum extent 

11 practicable— 

12 (A) at each military installation under the 

13 jurisdiction of the Secretary; 

14 (B) at each armory and military family 

15 support center of the National Guard; 

16 (C) at each installation and inpatient med17 ical care facility of the uniformed services at 

18 which personnel eligible for assistance under 

19 such programs are discharged from the armed 

20 forces; and 

21 (D) in the case of a member on the tem22 porary disability retired list under section 1202 

23 or 1205 of title 10, United States Code, who is 

24 being retired under another provision of such 
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1 title or is being discharged, at a location rea2 sonably convenient to the member. 

3 (b) DEFINITION.—In this section, the term ‘‘benefits 

4 delivery at discharge program’’ means a program adminis5 tered jointly by the Secretary of Defense and the Secretary 

6 of Veterans Affairs to provide information and assistance 

7 on available benefits and other transition assistance to 

8 members of the Armed Forces who are separating from 

9 the Armed Forces, including assistance to obtain any dis10 ability benefits for such members may be eligible. 

11 SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND 

12 SERVICES. 

13 (a) IMPROVEMENT OF MEDICAL TRACKING SYSTEM

14 FOR MEMBERS DEPLOYED OVERSEAS.—Section 1074f of 

15 title 10, United States Code, is amended— 

16 (1) in subsection (b), by striking ‘‘(including an 

17 assessment of mental health’’ and inserting ‘‘(which 

18 shall include mental health screening and assess19 ment’’; 

20 (2) by redesignating subsections (c) and (d) as 

21 subsections (e) and (f), respectively; and 

22 (3) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) PHYSICAL MEDICAL EXAMINATIONS.—(1) The 

25 Secretary shall— 
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1 ‘‘(A) prescribe the minimum content and stand2 ards that apply for the physical medical examina3 tions required under this section; and 

4 ‘‘(B) ensure that the content and standards 

5 prescribed under subparagraph (A) are uniformly 

6 applied at all installations and medical facilities of 

7 the armed forces where physical medical examina8 tions required under this section are performed for 

9 members of the armed forces returning from a de10 ployment described in subsection (a). 

11 ‘‘(2) An examination consisting solely or primarily of 

12 an assessment questionnaire completed by a member does 

13 not meet the requirements under this section for— 

14 ‘‘(A) a physical medical examination; or 

15 ‘‘(B) an assessment. 

16 ‘‘(3) The content and standards prescribed under 

17 paragraph (1) for mental health screening and assessment 

18 shall include— 

19 ‘‘(A) content and standards for screening men20 tal health disorders; and 

21 ‘‘(B) in the case of acute post-traumatic stress 

22 disorder and delayed onset post-traumatic stress dis23 order, specific questions to identify stressors experi24 enced by members that have the potential to lead to 

25 post-traumatic stress disorder, which questions may 
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1 be taken from or modeled after the post-deployment 

2 assessment questionnaire used in June 2005. 

3 ‘‘(4) An examination of a member required under this 

4 section may not be waived by the Secretary (or any official 

5 exercising the Secretary’s authority under this section) or 

6 by the member. 

7 ‘‘(d) FOLLOW UP SERVICES.—(1) The Secretary, in 

8 consultation with the Secretary of Veterans Affairs, shall 

9 ensure that appropriate actions are taken to assist a mem10 ber who, as a result of a post-deployment medical exam11 ination carried out under the system established under 

12 this section, receives an indication for a referral for follow 

13 up treatment from the health care provider who performs 

14 the examination. 

15 ‘‘(2) Assistance required to be provided to a member 

16 under paragraph (1) includes— 

17 ‘‘(A) information regarding, and any appro18 priate referral for, the care, treatment, and other 

19 services that the Secretary or the Secretary of Vet20 erans Affairs may provide to such member under 

21 any other provision of law, including— 

22 ‘‘(i) clinical services, including counseling 

23 and treatment for post-traumatic stress dis24 order and other mental health conditions; and 
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1 ‘‘(ii) any other care, treatment, and serv2 ices; 

3 ‘‘(B) information on the private sector sources 

4 of treatment that are available to the member in the 

5 member’s community; and 

6 ‘‘(C) assistance to enroll in the health care sys7 tem of the Department of Veterans Affairs for 

8 health care benefits for which the member is eligible 

9 under laws administered by the Secretary of Vet10 erans Affairs.’’. 

11 (b) REPORT ON PTSD CASES.—(1) The Secretary of 

12 Defense and the Secretary of Veterans Affairs shall jointly 

13 submit to Congress a report on the services provided to 

14 members and former members of the Armed Forces who 

15 experience post-traumatic stress disorder (and related con16 ditions) associated with service in the Armed Forces. 

17 (2) The report submitted under paragraph (1) shall 

18 include— 

19 (A) the number of persons treated; 

20 (B) the types of interventions; and 

21 (C) the programs that are in place for each of 

22 the Armed Forces to identify and treat cases of 

23 post-traumatic stress disorder and related condi24 tions. 
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1 SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE 

2 AGENCIES AND ORGANIZATIONS. 

3 (a) DEPARTMENT OF DEFENSE.— 

4 (1) IN GENERAL.—Chapter 58 of title 10, 

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 1154. Veteran-to-veteran preseparation counseling 

8 ‘‘(a) COOPERATION REQUIRED.—The Secretary shall 

9 carry out a program to facilitate the access of representa10 tives of military and veterans’ service organizations and 

11 representatives of veterans’ services agencies of States to 

12 provide preseparation counseling and services to members 

13 of the armed forces who are scheduled, or are in the proc14 ess of being scheduled, for discharge, release from active 

15 duty, or retirement. 

16 ‘‘(b) REQUIRED PROGRAM ELEMENT.—The program 

17 under this section shall provide for representatives of mili18 tary and veterans’ service organizations and representa19 tives of veterans’ services agencies of States to be invited 

20 to participate in the preseparation counseling and other 

21 assistance briefings provided to members under the pro22 grams carried out under sections 1142 and 1144 of this 

23 title and the benefits delivery at discharge programs. 

24 ‘‘(c) LOCATIONS.—The program under this section 

25 shall provide for access to members— 

26 ‘‘(1) at each installation of the armed forces; 
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1 ‘‘(2) at each armory and military family sup2 port center of the National Guard; 

3 ‘‘(3) at each inpatient medical care facility of 

4 the uniformed services administered under chapter 

5 55 of this title; and 

6 ‘‘(4) in the case of a member on the temporary 

7 disability retired list under section 1202 or 1205 of 

8 this title who is being retired under another provi9 sion of this title or is being discharged, at a location 

10 reasonably convenient to the member. 

11 ‘‘(d) CONSENT OF MEMBERS REQUIRED.—Access to 

12 a member of the armed forces under the program under 

13 this section is subject to the consent of the member. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘benefits delivery at discharge 

16 program’ means a program administered jointly by 

17 the Secretary and the Secretary of Veterans Affairs 

18 to provide information and assistance on available 

19 benefits and other transition assistance to members 

20 of the armed forces who are separating from the 

21 armed forces, including assistance to obtain any dis22 ability benefits for which such members may be eli23 gible. 

24 ‘‘(2) The term ‘representative’, with respect to 

25 a veterans’ service organization, means a representa-
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1 tive of an organization who is recognized by the Sec2 retary of Veterans Affairs for the representation of 

3 veterans under section 5902 of title 38.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 58 of title 10, 

6 United States Code, is amended by adding at the 

7 end the following:

‘‘1154. Veteran-to-veteran preseparation counseling.’’.

8 (b) DEPARTMENT OF VETERANS AFFAIRS.— 

9 (1) IN GENERAL.—Subchapter I of chapter 17 

10 of title 38, United States Code, is amended by add11 ing at the end the following: 

12 ‘‘§ 1709. Veteran-to-veteran counseling 

13 ‘‘(a) COOPERATION REQUIRED.—The Secretary shall 

14 carry out a program to facilitate the access of representa15 tives of military and veterans’ service organizations and 

16 representatives of veterans’ services agencies of States to 

17 veterans furnished care and services under this chapter 

18 to provide information and counseling to such veterans 

19 on— 

20 ‘‘(1) the care and services authorized by this 

21 chapter; and 

22 ‘‘(2) other benefits and services available under 

23 the laws administered by the Secretary. 

24 ‘‘(b) FACILITIES COVERED.—The program under 

25 this section shall provide for access to veterans described 
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1 in subsection (a) at each facility of the Department and 

2 any non-Department facility at which the Secretary fur3 nishes care and services under this chapter. 

4 ‘‘(c) CONSENT OF VETERANS REQUIRED.—Access to 

5 a veteran under the program under this section is subject 

6 to the consent of the veteran. 

7 ‘‘(d) DEFINITION.—In this section, the term ‘vet8 erans’ service organization’ means an organization who is 

9 recognized by the Secretary for the representation of vet10 erans under section 5902 of this title.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 17 of title 38, 

13 United States Code, is amended by inserting after 

14 the item relating to section 1708 the following:

‘‘1709. Veteran-to-veteran counseling.’’.

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