II 

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. 

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 2004’’. 
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1 SEC. 2. IMPROVED ADMINISTRATION OF TRANSITIONAL AS2 SISTANCE PROGRAMS. 

3 (a) TRANSMITTAL OF MEDICAL RECORDS OF ALL

4 MEMBERS SEPARATING FROM ACTIVE DUTY TO DEPART5 MENT OF VETERANS AFFAIRS.—Chapter 58 of title 10, 

6 United States Code, is amended— 

7 (1) by inserting before subsection (c) of section 

8 1142 the following: 

9 ‘‘§ 1142a. Members separating from active duty: 

10 transmittal of medical records to Depart11 ment of Veterans Affairs’’; 

12 (2) by striking ‘‘(c) TRANSMITTAL OF MEDICAL

13 INFORMATION TO DEPARTMENT OF VETERANS AF14 FAIRS.—’’; and 

15 (3) by striking ‘‘a member being medically sep16 arated or being retired under chapter 61 of this 

17 title’’ and inserting ‘‘each member who is entitled to 

18 counseling and other services under section 1142 of 

19 this title’’. 

20 (b) PRESEPARATION COUNSELING.—(1) Subsection 

21 (a) of section 1142 of title 10, United States Code, is 

22 amended— 

23 (A) in paragraph (1), by striking ‘‘shall provide 

24 for individual separation counseling’’ and inserting 

25 ‘‘shall provide individual separation counseling’’; 
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1 (B) by redesignating paragraph (4) as para2 graph (6); and 

3 (C) by inserting after paragraph (3) the fol4 lowing new paragraphs: 

5 ‘‘(4) For members of the reserve components being 

6 separated from service on active duty for a period of more 

7 than 30 days, the Secretary concerned shall require that 

8 preseparation counseling under this section be provided to 

9 all such members (including officers) before the members 

10 are separated. 

11 ‘‘(5) The Secretary concerned shall ensure that com12 manders of members entitled to services under this section 

13 authorize the members to obtain such services during duty 

14 time.’’. 

15 (2) Subsection (b)(4) of such section 1142 is amend16 ed by striking ‘‘(4) Information concerning’’ and inserting 

17 the following: 

18 ‘‘(4) Provide information on civilian occupations 

19 and related assistance programs, including informa20 tion about— 

21 ‘‘(A) certification and licensure require22 ments that are applicable to civilian occupa23 tions; 

24 ‘‘(B) civilian occupations that correspond 

25 to military occupational specialties; and 
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1 ‘‘(C)’’. 

2 (3) Section 1142 of such title is further amended by 

3 adding at the end the following new subsections: 

4 ‘‘(c) ADDITIONAL REQUIREMENTS.—(1) The Sec5 retary concerned shall ensure that— 

6 ‘‘(A) preseparation counseling under this sec7 tion includes material that is specifically relevant to 

8 the needs of persons being separated from active 

9 duty by discharge from a regular component of the 

10 armed forces and the needs of members of the re11 serve components being separated from active duty; 

12 ‘‘(B) the locations at which preseparation coun13 seling is presented to eligible personnel include— 

14 ‘‘(i) inpatient medical care facilities of the 

15 uniformed services where such personnel are re16 ceiving inpatient care; and 

17 ‘‘(ii) in the case of a member on the tem18 porary disability retired list under section 1202 

19 or 1205 of this title who is being retired under 

20 another provision of this title or is being dis21 charged, a location reasonably convenient to the 

22 member. 

23 ‘‘(C) the scope and content of the material pre24 sented in preseparation counseling at each location 

25 under this section are consistent with the scope and 
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1 content of the material presented in the 

2 preseparation counseling at the other locations 

3 under this section; and 

4 ‘‘(D) followup counseling is provided for each 

5 member of the reserve components described in sub6 paragraph (A) not later than 180 days after separa7 tion from active duty. 

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

9 basis, update the content of the materials used by the Na10 tional Veterans Training Institute and such officials’ other 

11 activities that provide direct training support to personnel 

12 who provide preseparation counseling under this section. 

13 ‘‘(d) NATIONAL GUARD MEMBERS ON DUTY IN

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

15 being separated from long-term duty to which ordered 

16 under section 502(f) of title 32 shall also be provided 

17 preseparation counseling under this section to the same 

18 extent that members of the reserve components being dis19 charged or released from active duty are provided 

20 preseparation counseling under this section. 

21 ‘‘(2) The Secretary of Defense shall prescribe in regu22 lations the standards for determining long-term duty for 

23 the purposes of paragraph (1).’’. 

24 (4)(A) The heading for section 1142 of such title is 

25 amended to read as follows: 
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1 ‘‘§ 1142. Members separating from active duty: 

2 preseparation counseling’’. 

3 (B) The table of sections at the beginning of chapter 

4 58 of such title is amended by striking the item relating 

5 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.’’. 

6 (c) DEPARTMENT OF LABOR TRANSITIONAL SERV7 ICES PROGRAM.—(1) Subsection (c) of section 1144 of 

8 title 10, United States Code, is amended to read as fol9 lows: 

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

11 the Secretary of Defense and the Secretary of Homeland 

12 Security shall require participation by members of the 

13 armed forces eligible for assistance under the program 

14 carried out under this section. 

15 ‘‘(2) The Secretary of Defense and the Secretary of 

16 Homeland Security need not require, but shall encourage 

17 and otherwise promote, participation in the program by 

18 the following members of the armed forces described in 

19 paragraph (1): 

20 ‘‘(A) Each member who has previously partici21 pated in the program. 

22 ‘‘(B) Each member who, upon discharge or re23 lease from active duty, is returning to— 
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1 ‘‘(i) a position of employment previously 

2 held by such member; or 

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

4 other educational or occupational training ob5 jective that the member was pursuing when 

6 called or ordered to such active duty.’’. 

7 (2) Subsection (a)(1) of such section is amended by 

8 striking ‘‘paragraph (4)(A)’’ in the second sentence and 

9 inserting ‘‘paragraph (6)(A)’’. 

10 (d) STUDY ON COORDINATION OF JOB TRAINING

11 AND CERTIFICATION STANDARDS.—The Secretary of De12 fense and the Secretary of Labor shall jointly carry out 

13 a study to determine ways to coordinate the standards ap14 plied by the Armed Forces for the training and certifi15 cation of members of the Armed Forces in military occu16 pational specialties with the standards that apply under 

17 State laws to the training and certification of persons in 

18 corresponding civilian occupations. 

19 SEC. 3. BENEFITS DELIVERY DISCHARGE PROGRAM. 

20 (a) ACCESSIBILITY OF INFORMATION.—Chapter 58 

21 of title 10, United States Code, is amended by adding at 

22 the end the following new section: 
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1 ‘‘§ 1154. Requirements applicable to all benefits deliv2 ery at discharge programs 

3 ‘‘(a) LOCATIONS.—The Secretary of Defense, the 

4 Secretary of Homeland Security, and the Secretary of Vet5 erans Affairs shall ensure that the benefits delivery at dis6 charge programs for members of the armed forces are pro7 vided— 

8 ‘‘(1) at each installation and inpatient medical 

9 care facility of the uniformed services at which per10 sonnel eligible for assistance under the programs are 

11 discharged from the armed forces; and 

12 ‘‘(2) in the case of a member on the temporary 

13 disability retired list under section 1202 or 1205 of 

14 this title who is being retired under another provi15 sion of this title or is being discharged, at a location 

16 reasonably convenient to the member. 

17 ‘‘(b) PARTICIPATION OF MILITARY AND VETERANS’ 

18 SERVICE ORGANIZATIONS.—The Secretary of Defense, the 

19 Secretary of Homeland Security, and the Secretary of Vet20 erans Affairs shall ensure that representatives of military 

21 and veterans’ service organizations and representatives of 

22 veterans’ services agencies of States are invited to partici23 pate in the benefits delivery at discharge programs at the 

24 locations where assistance under the programs is provided. 

25 ‘‘(c) BENEFITS DELIVERY AT DISCHARGE PROGRAMS

26 DEFINED.—In this section, the term ‘benefits delivery at 
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1 discharge programs’ means the programs under sections 

2 1142 and 1144 of this title and any similar programs ad3 ministered by, in conjunction with, or in consultation with 

4 the Secretary of Defense or the Secretary of a military 

5 department.’’. 

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

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘1154. Requirements applicable to all benefits delivery at discharge programs.’’. 

9 SEC. 4. POST-DEPLOYMENT MEDICAL ASSESSMENT AND 

10 SERVICES. 

11 (a) IMPROVEMENT OF MEDICAL TRACKING SYSTEM

12 FOR MEMBERS DEPLOYED OVERSEAS.—Section 1074f of 

13 title 10, United States Code, is amended— 

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

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

16 shall include mental health screening and assess17 ment’’; 

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

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

20 (3) by inserting after subsection (b) the fol21 lowing new subsections: 

22 ‘‘(c) MEDICAL EXAMINATIONS.—(1) The Secretary of 

23 Defense shall prescribe the minimum content and stand24 ards that apply for the medical examinations required 

25 under this section. The Secretary shall ensure that the 
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1 content and standards prescribed under the preceding sen2 tence are applied uniformly at all installations and medical 

3 facilities of the armed forces where medical examinations 

4 required under this section are performed for members of 

5 the armed forces returning from a deployment as de6 scribed in subsection (a). 

7 ‘‘(2) The content and standards prescribed under 

8 paragraph (1) for mental health screening and assessment 

9 shall include content and standards for screening acute 

10 post-traumatic stress disorder and delayed onset post11 traumatic stress disorder, and shall specifically include 

12 questions to identify all stressors experienced by members 

13 that have the potential to lead to post-traumatic stress dis14 order. 

15 ‘‘(3) An examination consisting solely or primarily of 

16 an assessment questionnaire completed by a member does 

17 not meet the requirements of this subsection for a medical 

18 examination and does not meet the requirements of this 

19 section for an assessment. 

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

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

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

23 by the member. 

24 ‘‘(d) FOLLOWUP SERVICES.—(1) The Secretary of 

25 Defense, in consultation with the Secretary of Veterans 
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1 Affairs, shall ensure that appropriate actions are taken to 

2 assist a member who, as a result of a medical examination 

3 carried out under the system established under this sec4 tion, is identified or suspected as having an illness (includ5 ing any mental health condition) or injury. 

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

7 under paragraph (1) includes the following: 

8 ‘‘(A) Care and treatment and other services 

9 that the Secretary of Defense or the Secretary of 

10 Veterans Affairs may provide such member under 

11 any other provision of law, as follows: 

12 ‘‘(i) Clinical services, including counseling 

13 and treatment for post-traumatic stress dis14 order and other mental health conditions. 

15 ‘‘(ii) Any other care, treatment, and serv16 ices. 

17 ‘‘(B) Assistance to enroll in the Department of 

18 Veterans Affairs health care system for health care 

19 benefits for which the member is eligible under laws 

20 administered by the Secretary of Veterans Affairs.’’. 

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

22 Defense and the Secretary of Veterans Affairs shall jointly 

23 submit to Congress a report on the services provided mem24 bers and former members of the Armed Forces who expe-
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1 rience post-traumatic stress disorder (and related condi2 tions) associated with service in the Armed Forces. 

3 (2) The report under paragraph (1) shall include a 

4 discussion of the policies, plans, and procedures of the De5 partment of Defense and the Department of Veterans Af6 fairs for— 

7 (A) the identification of cases of persons experi8 encing post-traumatic stress disorder or related con9 ditions, intervention in such cases, and treatment of 

10 such persons; and 

11 (B) the training of Department of Defense per12 sonnel and Department of Veterans Affairs per13 sonnel regarding such disorder and conditions. 

14 (c) STUDY ON DOD-VA COORDINATION AND CO15 OPERATION.—(1) The Secretary of Defense and the Sec16 retary of Veterans Affairs shall jointly carry out a study 

17 to identify ways to improve the coordination and coopera18 tion between the two departments to support the provision 

19 of veterans’ benefits to members and former members of 

20 the Armed Forces who have been deployed as described 

21 in section 1074f(a) of title 10, United States Code, as well 

22 as to other members and former members of the Armed 

23 Forces. 

24 (2) The study under paragraph (1) shall, at a min25 imum, address the following matters: 
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1 (A) Compatibility of health care filing systems. 

2 (B) Consistency of claims forms. 

3 (C) Consistency of medical examination forms. 

4 (D) Shared electronic database with appropriate 

5 privacy protections. 

6 SEC. 5. ACCESS OF MILITARY AND VETERANS SERVICE 

7 AGENCIES AND ORGANIZATIONS. 

8 (a) DEPARTMENT OF DEFENSE.—(1) Chapter 58 of 

9 title 10, United States Code, as amended by section 3(a), 

10 is further amended by adding at the end the following new 

11 section: 

12 ‘‘§ 1155. Veteran-to-veteran preseparation counseling 

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

14 Defense shall carry out a program to facilitate the access 

15 of representatives of military and veterans’ service organi16 zations and representatives of veterans’ services agencies 

17 of States to provide preseparation counseling and services 

18 to members of the armed forces who are scheduled, or are 

19 in the process of being scheduled, for discharge, release 

20 from active duty, or retirement. 

21 ‘‘(b) ELEMENTS OF PROGRAM.—The program under 

22 this section shall include the following elements: 

23 ‘‘(1) Invitation to representatives of military 

24 and veterans’ service organizations and representa25 tives of veterans’ services agencies of States to par-
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1 ticipate in the preseparation counseling and other 

2 assistance briefings provided to members under the 

3 programs carried out under sections 1142 and 1144 

4 of this title. 

5 ‘‘(2) Support for the outreach programs of such 

6 organizations and agencies by providing the organi7 zations and agencies with the names and addresses 

8 of members of the armed forces described in sub9 section (a), including, in particular, members who 

10 are being separated from active duty upon return 

11 from a deployment in support of a contingency oper12 ation. 

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

14 shall provide for access to members— 

15 ‘‘(1) at each installation of the armed forces; 

16 ‘‘(2) at each inpatient medical care facility of 

17 the uniformed services administered under chapter 

18 55 of this title; and 

19 ‘‘(3) in the case of a member on the temporary 

20 disability retired list under section 1202 or 1205 of 

21 this title who is being retired under another provi22 sion of this title or is being discharged, at a location 

23 reasonably convenient to the member. 

24 ‘‘(d) WAIVER OF ACCESS RESTRICTIONS.—To carry 

25 out elements of the program under subsection (b), the Sec-
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1 retary of Defense may waive the applicable provisions of 

2 the regulations promulgated under section 264(c) of the 

3 Health Insurance Portability and Accountability Act of 

4 1996 (42 U.S.C. 1320d–2 note) to the extent necessary 

5 to ensure that representatives of military and veterans’ 

6 service organizations and representatives of veterans’ serv7 ices agencies of States have access to members and former 

8 members of the uniformed services in medical treatment 

9 facilities of the uniformed services. 

10 ‘‘(e) CONSENT OF MEMBERS REQUIRED.—Access to 

11 a member of the armed forces under the program under 

12 this section is subject to the consent of the member.’’. 

13 (2) The table of sections at the beginning of such 

14 chapter, as amended by section 3(b), is amended by add15 ing at the end the following new item: 

‘‘1155. Veteran-to-veteran preseparation counseling.’’. 

16 (b) DEPARTMENT OF VETERANS AFFAIRS.—(1) Sub17 chapter 1 of chapter 17 of title 38, United States Code, 

18 is amended by adding at the end the following new section: 

19 ‘‘§ 1709. Veteran-to-veteran counseling 

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

21 carry out a program to facilitate the access of representa22 tives of military and veterans’ service organizations and 

23 representatives of veterans’ services agencies of States to 

24 veterans furnished care and services under this chapter 

25 to provide information and counseling to such veterans on 
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1 the care and services authorized by this chapter and on 

2 other benefits and services available under the laws admin3 istered by the Secretary. 

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

5 this section shall provide for access to veterans described 

6 in subsection (a) at each facility of the Department or 

7 non-Department facility at which the Secretary furnishes 

8 care and services under this chapter. 

9 ‘‘(c) WAIVER OF ACCESS RESTRICTIONS.—To carry 

10 out the program under this section, the Secretary may 

11 waive the applicable provisions of the regulations promul12 gated under section 264(c) of the Health Insurance Port13 ability and Accountability Act of 1996 (42 U.S.C. 1320d– 

14 2 note) to the extent necessary to ensure that representa15 tives of military and veterans’ service organizations and 

16 representatives of veterans’ services agencies of States 

17 have access to veterans described in subsection (a) at the 

18 facilities referred to in subsection (b). 

19 ‘‘(d) CONSENT OF VETERANS REQUIRED.—Access to 

20 a veteran under the program under this section is subject 

21 to the consent of the veteran.’’. 

22 (2) The table of sections at the beginning of that 

23 chapter is amended by inserting after the item relating 

24 to section 1708 the following new item: 

‘‘Veteran-to-veteran counseling.’’. 
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1 SEC. 6. COLLEGE CREDIT FOR SERVICE IN ARMED FORCES. 

2 (a) REQUIREMENT FOR PROGRAM.—Chapter 58 of 

3 title 10, United States Code, as amended by section 5(a), 

4 is further amended by adding at the end the following new 

5 section: 

6 ‘‘§ 1156. College credit for training in the armed 

7 forces 

8 ‘‘The Secretary of Defense shall carry out a program 

9 to assist members of the armed forces being discharged, 

10 released from active duty, or retired to obtain college cred11 it for training received as a member of the armed forces.’’. 

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

13 at the beginning of such chapter, as amended by section 

14 5(a)(2), is amended by adding at the end the following 

15 new item: 

‘‘1156. College credit for training in the armed forces.’’. 

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