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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2427 Introduced in Senate (IS)]

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 
duty, or retirement.
    ``(b) Elements of Program.--The program under this section shall 
include the following elements:
            ``(1) Invitation to representatives of military and 
        veterans' service organizations and representatives of 
        veterans' services agencies of States 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.
            ``(2) Support for the outreach programs of such 
        organizations and agencies by providing the organizations and 
        agencies with the names and addresses of members of the armed 
        forces described in subsection (a), including, in particular, 
        members who are being separated from active duty upon return 
        from a deployment in support of a contingency operation.
    ``(c) Locations.--The program under this section shall provide for 
access to members--
            ``(1) at each installation of the armed forces;
            ``(2) at each inpatient medical care facility of the 
        uniformed services administered under chapter 55 of this title; 
        and
            ``(3) 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) Waiver of Access Restrictions.--To carry out elements of the 
program under subsection (b), the Secretary of Defense may waive the 
applicable provisions of the regulations promulgated under section 
264(c) of the Health Insurance Portability and Accountability Act of 
1996 (42 U.S.C. 1320d-2 note) to the extent necessary to ensure that 
representatives of military and veterans' service organizations and 
representatives of veterans' services agencies of States have access to 
members and former members of the uniformed services in medical 
treatment facilities of the uniformed services.
    ``(e) 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.''.
    (2) The table of sections at the beginning of such chapter, as 
amended by section 3(b), is amended by adding at the end the following 
new item:

``1155. Veteran-to-veteran preseparation counseling.''.
    (b) Department of Veterans Affairs.--(1) Subchapter 1 of chapter 17 
of title 38, United States Code, is amended by adding at the end the 
following new section:
``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 the care and services authorized by this chapter and on 
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 or non-Department facility at which the 
Secretary furnishes care and services under this chapter.
    ``(c) Waiver of Access Restrictions.--To carry out the program 
under this section, the Secretary may waive the applicable provisions 
of the regulations promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
note) to the extent necessary to ensure that representatives of 
military and veterans' service organizations and representatives of 
veterans' services agencies of States have access to veterans described 
in subsection (a) at the facilities referred to in subsection (b).
    ``(d) Consent of Veterans Required.--Access to a veteran under the 
program under this section is subject to the consent of the veteran.''.
    (2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 1708 the 
following new item:

``Veteran-to-veteran counseling.''.

SEC. 6. COLLEGE CREDIT FOR SERVICE IN ARMED FORCES.

    (a) Requirement for Program.--Chapter 58 of title 10, United States 
Code, as amended by section 5(a), is further amended by adding at the 
end the following new section:
``Sec. 1156. College credit for training in the armed forces
    ``The Secretary of Defense shall carry out a program to assist 
members of the armed forces being discharged, released from active 
duty, or retired to obtain college credit for training received as a 
member of the armed forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter, as amended by section 5(a)(2), is amended by adding at 
the end the following new item:

``1156. College credit for training in the armed forces.''.
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