II 

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. 

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

2 This Act may be cited as the ‘‘Veterans Employment 

3 and Transition Services Act’’. 

4 SEC. 2. EXTENSION OF REPORTING REQUIREMENTS ON EQ5 UITABLE RELIEF CASES. 

6 Section 503(c) of title 38, United States Code, is 

7 amended by striking ‘‘December 31, 2004’’ and inserting 

8 ‘‘December 31, 2009’’. 

9 SEC. 3. VETERAN-TO-VETERAN PRESEPARATION COUN10 SELING. 

11 (a) ACCESSIBILITY OF INFORMATION.— 

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

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 1154. Veteran-to-veteran preseparation counseling 

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

17 Defense and the Secretary of Homeland Security shall 

18 carry out a program to facilitate the access of representa19 tives of military and veterans’ service organizations and 

20 representatives of military and veterans’ services agencies 

21 of States to provide preseparation counseling and services 

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

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

24 from active duty, or retirement. 

25 ‘‘(b) ELEMENTS OF PROGRAM.—The program car26 ried out under this section shall— 
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1 ‘‘(1) authorize representatives of military and 

2 veterans’ service organizations and representatives of 

3 military and veterans’ services agencies of States to 

4 participate in the preseparation counseling and other 

5 assistance provided to members under the programs 

6 carried out under sections 1142 and 1144 of this 

7 title; and 

8 ‘‘(2) provide support for the outreach programs 

9 of such organizations and agencies by providing the 

10 organizations and agencies with the names and ad11 dresses of members of the armed forces described in 

12 subsection (a). 

13 ‘‘(c) LOCATIONS.—Subject to subsection (e), the pro14 gram under this section shall provide for access to mem15 bers— 

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

17 ‘‘(2) at each armory and military family sup18 port center of the National Guard; 

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

20 the uniformed services administered under chapter 

21 55 of this title; and 

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

23 disability retired list under section 1202 or 1205 of 

24 this title who is being retired under another provi-
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1 sion of this title or is being discharged, at a location 

2 reasonably convenient to the member. 

3 ‘‘(d) WAIVER OF ACCESS RESTRICTIONS.—In car4 rying out elements of the program described in subsection 

5 (b), the Secretary of Defense and the Secretary of Home6 land Security may waive the applicable provisions of the 

7 regulations promulgated under section 264(c) of the 

8 Health Insurance Portability and Accountability Act of 

9 1996 (42 U.S.C. 1320d–2 note) to the extent necessary 

10 to ensure that representatives of military and veterans’ 

11 service organizations and representatives of military and 

12 veterans’ services agencies of States have access to mem13 bers and former members of the uniformed services in 

14 medical treatment facilities of the uniformed services to 

15 fulfill the purposes of this title. 

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

17 a member of the armed forces under the program under 

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

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 58 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following: 

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

23 (b) DEPARTMENT OF VETERANS AFFAIRS.— 
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1 (1) IN GENERAL.—Subchapter I of chapter 17 

2 of title 38, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘§ 1709. Veteran-to-veteran counseling 

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

6 carry out a program to facilitate the access of representa7 tives of military and veterans’ service organizations and 

8 representatives of military and veterans’ services agencies 

9 of States to veterans, furnished care and services under 

10 this chapter to provide information and counseling to such 

11 veterans on the care and services authorized by this chap12 ter, and other benefits and services available under the 

13 laws administered by the Secretary. 

14 ‘‘(b) FACILITIES COVERED.—Subject to subsection 

15 (d), the program carried out under this section shall pro16 vide for access to veterans described in subsection (a) at 

17 each facility of the Department or non-Department facility 

18 at which the Secretary furnishes care and services under 

19 this chapter. 

20 ‘‘(c) WAIVER OF ACCESS RESTRICTIONS.—In car21 rying out the program under this section, the Secretary 

22 may waive the applicable provisions of the regulations pro23 mulgated under section 264(c) of the Health Insurance 

24 Portability and Accountability Act of 1996 (42 U.S.C. 

25 1320d–2 note) to the extent necessary to ensure that rep-
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1 resentatives of military and veterans’ service organizations 

2 and representatives of military and veterans’ services 

3 agencies of States have access to veterans described in 

4 subsection (a) at the facilities referred to in subsection (b) 

5 to fulfill the purposes of this title. 

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

7 a veteran under the program under this section is subject 

8 to the consent of the veteran.’’. 

9 (2) The table of sections at the beginning of 

10 chapter 17 of title 38, United States Code, is 

11 amended by inserting after the item relating to sec12 tion 1708 the following: 

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

13 SEC. 4. SEPARATION COUNSELING AND TRANSITION AS14 SISTANCE. 

15 (a) SEPARATION OF REENLISTMENT AND SEPARA16 TION COUNSELING.—Section 1142(a) of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(4) The Secretary concerned shall ensure that 

20 preseparation counseling under this section is provided by 

21 personnel and offices that are not responsible for encour22 aging service members to reenlist so that readjustment 

23 counselors can focus completely on assisting separating 

24 service members.’’. 
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1 (b) TRANSITION ASSISTANCE PROGRAM.—Section 

2 1144(c) of title 10, United States Code, is amended— 

3 (1) by striking ‘‘shall encourage’’ and inserting 

4 ‘‘shall— 

5 ‘‘(1) encourage’’; 

6 (2) by striking the period at the end and insert7 ing ‘‘; and’’; and 

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

9 ‘‘(2) establish separation assistance participa10 tion rates as a performance measure for com11 manding officers to ensure that such officers actively 

12 encourage such members to participate in the pro13 gram under this section; and 

14 ‘‘(3) submit a report to Congress, not later 

15 than March 31 of each year, describing the rates of 

16 participation in such program by each branch of 

17 service and at each military installation.’’. 

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