[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1259 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1259

 To amend title 38, United States Code, to extend the requirement for 
 reports from the Secretary of Veterans Affairs on the disposition of 
    cases recommended to the Secretary for equitable relief due to 
 administrative error and to provide improved benefits and procedures 
for the transition of members of the Armed Forces from combat zones to 
noncombat zones and for the transition of veterans from service in the 
                     Armed Forces to civilian life.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2005

  Mr. Salazar introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to extend the requirement for 
 reports from the Secretary of Veterans Affairs on the disposition of 
    cases recommended to the Secretary for equitable relief due to 
 administrative error and to provide improved benefits and procedures 
for the transition of members of the Armed Forces from combat zones to 
noncombat zones and for the transition of veterans from service in the 
                     Armed Forces to civilian life.

    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 Employment and Transition 
Services Act''.

SEC. 2. EXTENSION OF REPORTING REQUIREMENTS ON EQUITABLE RELIEF CASES.

    Section 503(c) of title 38, United States Code, is amended by 
striking ``December 31, 2004'' and inserting ``December 31, 2009''.

SEC. 3. VETERAN-TO-VETERAN PRESEPARATION COUNSELING.

    (a) Accessibility of Information.--
            (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 of Defense and the 
Secretary of Homeland Security shall carry out a program to facilitate 
the access of representatives of military and veterans' service 
organizations and representatives of military and 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 carried out under this 
section shall--
            ``(1) authorize representatives of military and veterans' 
        service organizations and representatives of military and 
        veterans' services agencies of States to participate in the 
        preseparation counseling and other assistance provided to 
        members under the programs carried out under sections 1142 and 
        1144 of this title; and
            ``(2) provide 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).
    ``(c) Locations.--Subject to subsection (e), 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) Waiver of Access Restrictions.--In carrying out elements of 
the program described in subsection (b), the Secretary of Defense and 
the Secretary of Homeland Security 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 
military and veterans' services agencies of States have access to 
members and former members of the uniformed services in medical 
treatment facilities of the uniformed services to fulfill the purposes 
of this title.
    ``(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) 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 military and 
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 
other benefits and services available under the laws administered by 
the Secretary.
    ``(b) Facilities Covered.--Subject to subsection (d), the program 
carried out 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.--In carrying 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 
military and veterans' services agencies of States have access to 
veterans described in subsection (a) at the facilities referred to in 
subsection (b) to fulfill the purposes of this title.
    ``(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 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.''.

SEC. 4. SEPARATION COUNSELING AND TRANSITION ASSISTANCE.

    (a) Separation of Reenlistment and Separation Counseling.--Section 
1142(a) of title 10, United States Code, is amended by adding at the 
end the following:
    ``(4) The Secretary concerned shall ensure that preseparation 
counseling under this section is provided by personnel and offices that 
are not responsible for encouraging service members to reenlist so that 
readjustment counselors can focus completely on assisting separating 
service members.''.
    (b) Transition Assistance Program.--Section 1144(c) of title 10, 
United States Code, is amended--
            (1) by striking ``shall encourage'' and inserting ``shall--
            ``(1) encourage'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
            ``(2) establish separation assistance participation rates 
        as a performance measure for commanding officers to ensure that 
        such officers actively encourage such members to participate in 
        the program under this section; and
            ``(3) submit a report to Congress, not later than March 31 
        of each year, describing the rates of participation in such 
        program by each branch of service and at each military 
        installation.''.
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