II 109th CONGRESS 1st Session S. 1259 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.
1.
Short title
This Act may be cited as the Veterans Employment and Transition Services Act.
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.
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:
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:
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. .
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. .