§1712A. Eligibility for readjustment counseling and related mental health services
(a)(1)(A) Upon the request of any veteran referred to in subparagraph (B), the Secretary shall furnish counseling to the veteran to assist the veteran in readjusting to civilian life. Such counseling may include a general mental and psychological assessment of the veteran to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.
(B) Subparagraph (A) applies to the following veterans:
(i) Any veteran who served on active duty-
(I) in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during the Vietnam era; or
(II) after May 7, l975, in an area at a time during which hostilities occurred in that area.
(ii) Any veteran (other than a veteran covered by clause (i)) who served on active duty during the Vietnam era who seeks or is furnished such counseling before January 1, 2004.
(iii) Any veteran who served on active duty-
(I) in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War; or
(II) in combat against a hostile force during a period of hostilities (as defined in paragraph (2)(B)) after November 11, 1998.
(2)(A) Upon the request of any veteran (other than a veteran covered by paragraph (1)) who served in the active military, naval, or air service in a theater of combat operations (as so determined) during a period of war, or in any other area during a period in which hostilities (as defined in subparagraph (B)) occurred in such area, the Secretary may furnish counseling to the veteran to assist the veteran in readjusting to civilian life.
(B) For the purposes of subparagraph (A), the term "hostilities" means an armed conflict in which the members of the Armed Forces are subjected to danger comparable to the danger to which members of the Armed Forces have been subjected in combat with enemy armed forces during a period of war, as determined by the Secretary in consultation with the Secretary of Defense.
(3) Upon request of a veteran described in paragraph (1)(B)(iii), the Secretary shall provide the veteran a preliminary general mental health assessment as soon as practicable after receiving the request, but not later than 30 days after receiving the request.
(b)(1) If, on the basis of the assessment furnished under subsection (a) of this section, a physician or psychologist employed by the Department (or, in areas where no such physician or psychologist is available, a physician or psychologist carrying out such function under a contract or fee arrangement with the Secretary) determines that the provision of mental health services to such veteran is necessary to facilitate the successful readjustment of the veteran to civilian life, such veteran shall, within the limits of Department facilities, be furnished such services on an outpatient basis. For the purposes of furnishing such mental health services, the counseling furnished under subsection (a) of this section shall be considered to have been furnished by the Department as a part of hospital care. Any hospital care and other medical services considered necessary on the basis of the assessment furnished under subsection (a) of this section shall be furnished only in accordance with the eligibility criteria otherwise set forth in this chapter (including the eligibility criteria set forth in section 1784 of this title).
(2) Mental health services furnished under paragraph (1) of this subsection may, if determined to be essential to the effective treatment and readjustment of the veteran, include such consultation, counseling, training, services, and expenses as are described in sections 1782 and 1783 of this title.
(c) Upon receipt of a request for counseling under this section from any individual who has been discharged or released from active military, naval, or air service but who is not otherwise eligible for such counseling, the Secretary shall-
(1) provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and
(2) if pertinent, advise such individual of such individual's rights to apply to the appropriate military, naval, or air service, and to the Department, for review of such individual's discharge or release from such service.
(d) The Under Secretary for Health may provide for such training of professional, paraprofessional, and lay personnel as is necessary to carry out this section effectively, and, in carrying out this section, may utilize the services of paraprofessionals, individuals who are volunteers working without compensation, and individuals who are veteran-students (as described in section 3485 of this title) in initial intake and screening activities.
(e)(1) In furnishing counseling and related mental health services under subsections (a) and (b) of this section, the Secretary shall have available the same authority to enter into contracts with private facilities that is available to the Secretary (under sections 1703(a)(2) and 1710(a)(1)(B) of this title) in furnishing medical services to veterans suffering from total service-connected disabilities.
(2) Before furnishing counseling or related mental health services described in subsections (a) and (b) of this section through a contract facility, as authorized by this subsection, the Secretary shall approve (in accordance with criteria which the Secretary shall prescribe by regulation) the quality and effectiveness of the program operated by such facility for the purpose for which the counseling or services are to be furnished.
(3) The authority of the Secretary to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(f) The Secretary, in cooperation with the Secretary of Defense, shall take such action as the Secretary considers appropriate to notify veterans who may be eligible for assistance under this section of such potential eligibility.
(g) For the purposes of this section:
(1) The term "center" means a facility which is operated by the Department for the provision of services under this section and which (A) is situated apart from Department general health-care facilities, or (B) was so situated but has been relocated to a Department general health-care facility.
(2) The term "Department general health-care facility" means a health-care facility which is operated by the Department for the furnishing of health-care services under this chapter, not limited to services provided through the program established under this section.
(Added
Amendments
2010-Subsecs. (c) to (g).
2008-Subsec. (a)(1)(B)(iii).
Subsec. (a)(3).
Subsecs. (c) to (e).
Subsec. (f).
Subsec. (g).
Subsec. (i).
2002-Subsec. (b).
1999-Subsec. (a)(1)(B)(ii).
1996-Subsec. (a).
"(a)(1) Upon the request of any veteran who served on active duty during the Vietnam era, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.
"(2)(A) The Secretary shall furnish counseling as described in paragraph (1), upon request, to any veteran who served on active duty after May 7, 1975, in an area at a time during which hostilities occurred in such area.
"(B) For the purposes of subparagraph (A) of this paragraph, the term 'hostilities' means an armed conflict in which members of the Armed Forces are subjected to danger comparable to the danger to which members of the Armed Forces have been subjected in combat with enemy armed forces during a period of war, as determined by the Secretary in consultation with the Secretary of Defense."
Subsec. (b)(1).
Subsec. (c).
"(1) provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and
"(2) if pertinent, advise such individual of such individual's rights to apply to the appropriate military, naval, or air service and the Department for review of such individual's discharge or release from such service."
Subsec. (e)(1).
1992-Subsecs. (d), (g)(3)(A).
1991-
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1988-Subsec. (g)(1).
"(A) the orderly, gradual transition, by October 1, 1989, of that part of the program established under this section for the provision of readjustment counseling services by Veterans' Administration personnel from a program providing such services primarily through centers located in facilities situated apart from the health-care facilities operated by the Veterans' Administration for the provision of other health-care services under other provisions of this chapter to a program providing readjustment counseling services primarily through such health-care facilities; and
"(B) the continued availability after such date of readjustment counseling and related mental health services under this section to veterans eligible for the provision of such counseling and services who request such counseling."
Subsec. (g)(1)(A).
Subsec. (g)(1)(C).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B)(i).
Subsec. (g)(2)(B)(ii).
Subsec. (g)(3) to (5).
"(3) Not later than July 1, 1987, the Administrator shall submit to such committees a report containing a description of the plans made and timetable for carrying out paragraph (1) of this subsection. Such report shall be prepared taking into consideration the results of the study referred to in paragraph (2)(A) of this subsection (or, if the study is not then completed, whatever information from it is then available).
"(4) Not later than February 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the experience under as much of the transition as was carried out pursuant to paragraph (1) of this subsection before September 30, 1988, including such recommendations for legislative and administrative action as the Administrator considers appropriate in light of such experience."
Subsec. (h)(3)(B).
Subsec. (h)(4), (5).
Subsec. (i).
1986-Subsec. (b)(1).
Subsec. (e)(1).
Subsec. (g)(1).
Subsec. (g)(2)(A).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (h)(3)(A)(i).
1985-Subsec. (g)(1)(B).
Subsec. (h).
1983-Subsec. (a).
Subsec. (g)(1).
Subsec. (g)(1)(A).
Subsec. (g)(2).
Subsec. (g)(3).
1981-Subsec. (a).
Subsec. (g).
1979-Subsec. (d).
Effective Date of 1986 Amendment
Amendment by section 19011(d)(4) of
Effective Date of 1981 Amendment
Section 104(a)(2) of
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1979, see section 107 of
Pilot Program on Counseling in Retreat Settings for Women Veterans Newly Separated From Service
"(a)
"(1)
"(2)
"(b)
"(1) Information on reintegration into the veteran's family, employment, and community.
"(2) Financial counseling.
"(3) Occupational counseling.
"(4) Information and counseling on stress reduction.
"(5) Information and counseling on conflict resolution.
"(6) Such other information and counseling as the Secretary considers appropriate to assist a woman veteran under the pilot program in reintegration into the veteran's family, employment, and community.
"(c)
"(d)
"(e)
"(f)
Program on Readjustment and Mental Health Care Services for Veterans Who Served in Operation Enduring Freedom and Operation Iraqi Freedom
"(a)
"(1) to veterans of Operation Enduring Freedom and Operation Iraqi Freedom, particularly veterans who served in such operations while in the National Guard and the Reserves-
"(A) peer outreach services;
"(B) peer support services;
"(C) readjustment counseling and services described in section 1712A of title 38, United States Code; and
"(D) mental health services; and
"(2) to members of the immediate family of veterans described in paragraph (1), during the 3-year period beginning on the date of the return of such veterans from deployment in Operation Enduring Freedom or Operation Iraqi Freedom, education, support, counseling, and mental health services to assist in-
"(A) the readjustment of such veterans to civilian life;
"(B) in the case such veterans have an injury or illness incurred during such deployment, the recovery of such veterans from such injury or illness; and
"(C) the readjustment of the family following the return of such veterans.
"(b)
"(1) to the extent practicable, to use telehealth services for the delivery of services required by subsection (a);
"(2) to the extent practicable, to employ veterans trained under subsection (c) in the provision of services covered by that subsection;
"(3) to participate in the training program conducted in accordance with subsection (d);
"(4) to comply with applicable protocols of the Department before incurring any liability on behalf of the Department for the provision of services required by subsection (a);
"(5) for each veteran for whom a community mental health center or other qualified entity provides mental health services under such contract, to provide the Department with such clinical summary information as the Secretary shall require;
"(6) to submit annual reports to the Secretary containing, with respect to the program required by subsection (a) and for the last full calendar year ending before the submittal of such report-
"(A) the number of the veterans served, veterans diagnosed, and courses of treatment provided to veterans as part of the program required by subsection (a); and
"(B) demographic information for such services, diagnoses, and courses of treatment; and
"(7) to meet such other requirements as the Secretary shall require.
"(c)
"(d)
"(1) recognizes factors that are unique to the experience of veterans who served on active duty in Operation Enduring Freedom or Operation Iraqi Freedom (including their combat and military training experiences); and
"(2) uses best practices and technologies.
"(e)
Eligibility of Members of the Armed Forces Who Serve in Operation Enduring Freedom or Operation Iraqi Freedom for Counseling and Services Through Readjustment Counseling Service
"(a)
"(b)
"(c)
"(d)
Pilot Program on Peer Outreach and Support for Veterans and Use of Community Mental Health Centers and Indian Health Service Facilities
"(a)
"(1) Peer outreach services.
"(2) Peer support services provided by licensed providers of peer support services or veterans who have personal experience with mental illness.
"(3) Readjustment counseling services described in section 1712A of title 38, United States Code.
"(4) Other mental health services.
"(b)
"(1) Through community mental health centers under contracts or other agreements if entered into by the Secretary of Veterans Affairs and the Secretary of Health and Human Services for the provision of such services for purposes of the pilot program.
"(2) Through the Indian Health Service, or an Indian tribe or tribal organization that has entered into an agreement with the Indian Health Service pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), if a memorandum of understanding is entered into by the Secretary of Veterans Affairs and the Secretary of Health and Human Services for purposes of the pilot program.
"(3) Through other appropriate entities under contracts or other agreements entered into by the Secretary of Veterans Affairs for the provision of such services for purposes of the pilot program.
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(1) provide the services described in paragraphs (3) and (4) of subsection (a) to eligible veterans, including, to the extent practicable, telehealth services that link the center or facility with Department of Veterans Affairs clinicians;
"(2) use the clinical practice guidelines of the Veterans Health Administration or the Department of Defense in the provision of such services; and
"(3) meet such other requirements as the Secretary shall require.
"(f)
"(1) applicable protocols of the Department before incurring any liability on behalf of the Department for the provision of services as part of the pilot program; and
"(2) access and quality standards of the Department relevant to the provision of services as part of the pilot program.
"(g)
"(h)
"(1)
"(2)
"(A)
"(B)
"(i)
"(1) the number of-
"(A) veterans served; and
"(B) courses of treatment provided; and
"(2) demographic information for such services, diagnoses, and courses of treatment.
"(j)
"(1)
"(2)
"(A) Access to mental health care by veterans in need of such care.
"(B) The use of telehealth services by veterans for mental health care needs.
"(C) The quality of mental health care and substance use disorder treatment services provided to veterans in need of such care and services.
"(D) The coordination of mental health care and other medical services provided to veterans.
"(k)
"(1) The term 'community mental health center' has the meaning given such term in section 410.2 of title 42, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act [Oct. 10, 2008]).
"(2) The term 'eligible veteran' means a veteran in need of mental health services who-
"(A) is enrolled in the Department of Veterans Affairs health care system; and
"(B) has received a referral from a health professional of the Veterans Health Administration to a community mental health center, a facility of the Indian Health Service, or other entity for purposes of the pilot program.
"(3) The term 'Indian Health Service' means the organization established by section 601(a) of the Indian Health Care Improvement Act (25 U.S.C. 1661(a)).
"(l)
Research Program on Comorbid Post-Traumatic Stress Disorder and Substance Use Disorders
"(a)
"(b)
"(1) develop protocols and goals with respect to research under the program; and
"(2) coordinate research, data collection, and data dissemination under the program.
"(c)
"(1) Comorbid post-traumatic stress disorder and substance use disorder.
"(2) The systematic integration of treatment for post-traumatic stress disorder with treatment for substance use disorder.
"(3) The development of protocols to evaluate care of veterans with comorbid post-traumatic stress disorder and substance use disorder.
"(d)
"(1)
"(2)
"(3)
Pilot Program on Provision of Readjustment and Transition Assistance to Veterans and Their Families in Cooperation With Vet Centers
"(a)
"(b)
"(1) Readjustment and transition assistance that is preemptive, proactive, and principle-centered.
"(2) Assistance and training for veterans and their families in coping with the challenges associated with making the transition from military to civilian life.
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(1)
"(2)
"(g)
"(1) the facilities and other resources of such center;
"(2) the non-Department of Veterans Affairs entity selected pursuant to subsection (c); and
"(3) other appropriate mechanisms.
"(h)
"(i)
"(1)
"(2)
"(A) A description of the activities under the pilot program as of the date of such report, including the number of veterans and families provided assistance under the pilot program and the scope and nature of the assistance so provided.
"(B) A current assessment of the effectiveness of the pilot program.
"(C) Any recommendations that the Secretary considers appropriate for the extension or expansion of the pilot program.
"(3)
"(A) the Committees on Veterans' Affairs and Appropriations of the Senate; and
"(B) the Committees on Veterans' Affairs and Appropriations of the House of Representatives.
"(j)
"(1)
"(2)
Improvement and Expansion of Mental Health Services
"(a)
"(1)
"(2)
"(A) a community-based outpatient clinic of the Department by an employee of the Department;
"(B) referral to another facility of the Department;
"(C) contract with an appropriate mental health professional in the community; or
"(D) telemental health services.
"(b)
"(1)
"(A) to enhance the clinical skills of military clinicians on matters relating to post-traumatic stress disorder through training, treatment protocols, web-based interventions, and the development of evidence-based interventions; and
"(B) to promote pre-deployment resilience and post-deployment readjustment among members of the Armed Forces serving in Operation Iraqi Freedom and Operation Enduring Freedom.
"(2)
"(c)
"(1) develop additional educational materials on post-traumatic stress disorder; and
"(2) undertake additional efforts to educate veterans about post-traumatic stress disorder.
"(d)
"(1) review the clinical guidelines of the Department of Veterans Affairs on post-traumatic stress disorder and all appropriate protocols related to post-traumatic stress disorder;
"(2) revise such guidelines and protocols as the Secretary considers appropriate to ensure that clinicians are able to effectively distinguish between diagnoses with similar symptoms that may manifest as post-traumatic stress disorder, including traumatic brain injury; and
"(3) develop performance measures for the treatment of post-traumatic stress disorder among veterans."
Expansion of Telehealth Services
"(a)
"(b)
Expansion of Outreach Activities of Vet Centers
"(a)
"(b)
"(c)
"(d)
"(e)
Study of Post-Traumatic Stress Disorder in Vietnam Veterans
"(a)
"(b)
"(c)
"(1) the long-term course of post-traumatic stress disorder;
"(2) any long-term medical consequences of post-traumatic stress disorder;
"(3) whether particular subgroups of veterans are at greater risk of chronic or more severe problems with such disorder; and
"(4) the services used by veterans who have post-traumatic stress disorder and the effect of those services on the course of the disorder.
"(d)
Specialized Mental Health Services
"(a)
"(b)
"(1) the treatment of post-traumatic stress disorder; and
"(2) substance use disorders.
"(c)
"(2) In identifying available amounts pursuant to paragraph (1), the Secretary shall ensure that, after the allocation of those funds under subsection (d), the total expenditure for programs relating to (A) the treatment of post-traumatic stress disorder, and (B) substance use disorders is not less than $25,000,000 in excess of the baseline amount.
"(3)(A) For purposes of paragraph (2), the baseline amount is the amount of the total expenditures on such programs for the most recent fiscal year for which final expenditure amounts are known, adjusted to reflect any subsequent increase in applicable costs to deliver such services in the Veterans Health Administration, as determined by the Committee on Care of Severely Chronically Mentally Ill Veterans.
"(B) For purposes of this paragraph, in fiscal years 2004, 2005, and 2006, the fiscal year used to determine the baseline amount shall be fiscal year 2003.
"(d)
"(2) In allocating funds to facilities in a fiscal year under paragraph (1), the Secretary shall ensure that-
"(A) not less than $10,000,000 is allocated by direct grants to programs that are identified by the Mental Health Strategic Health Care Group and the Committee on Care of Severely Chronically Mentally Ill Veterans;
"(B) not less than $5,000,000 is allocated for programs on post-traumatic stress disorder; and
"(C) not less than $5,000,000 is allocated for programs on substance use disorder.
"(3) The Secretary shall provide that the funds to be allocated under this section during each of fiscal years 2004, 2005, and 2006 are funds for a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system.
"(e)
Marriage and Family Counseling for Persian Gulf War Veterans
Section 121 of
"(a)
"(b)
"(1) veterans who were awarded a campaign medal for active-duty service during the Persian Gulf War and the spouses and children of such veterans; and
"(2) veterans who are or were members of the reserve components who were called or ordered to active duty during the Persian Gulf War and the spouses and children of such members.
"(c)
"(d)
"(A) by personnel of the Department of Veterans Affairs who are qualified to provide such counseling services;
"(B) by appropriately certified marriage and family counselors employed by the Department; and
"(C) by qualified mental health professionals pursuant to contracts with the Department, when Department facilities are not capable of furnishing economical medical services because of geographical inaccessibility or are not capable of furnishing the services required.
"(2) The Secretary shall establish the qualifications required of personnel under subparagraphs (A) and (C) of paragraph (1) and shall prescribe the training, experience, and certification required of appropriately certified marriage and family counselors under subparagraph (B) of such paragraph.
"(3) The Secretary may employ licensed or certified marriage and family counselors to provide counseling under paragraph (1)(B) and may classify the positions in which they are employed at levels determined appropriate by the Secretary, taking into consideration the training, experience, and licensure or certification required of such counselors.
"(e)
"(A) For a period of not more than 15 days beginning on the date of the commencement of the furnishing of such services to the person.
"(B) For a 90-day period beginning on such date if-
"(i) the mental health professional submits to the Secretary a treatment plan with respect to the person not later than 15 days after such date; and
"(ii) the treatment plan and the assessment made under subsection (c) are approved by an appropriate mental health professional of the Department designated for that purpose by the Under Secretary for Health.
"(C) For an additional 90-day period beginning on the date of the expiration of the 90-day period referred to in subparagraph (B) (or any subsequent 90-day period) if-
"(i) not more than 30 days before the expiration of the 90-day period referred to in subparagraph (B) (or any subsequent 90-day period), the mental health professional submits to the Secretary a revised treatment plan containing a justification of the need of the person for additional counseling services; and
"(ii) the plan is approved in accordance with the provisions of subparagraph (B)(ii).
"(2)(A) A mental health professional referred to in paragraph (1) who assesses the need of any person for services for the purposes of subsection (c) may not furnish counseling services to that person.
"(B) The Secretary may waive the prohibition referred to in subparagraph (A) for locations (as determined by the Secretary) in which the Secretary is unable to obtain the assessment referred to in that subparagraph from a mental health professional other than the mental health professional with whom the Secretary enters into contracts under subsection (d)(1)(C) for the furnishing of counseling services.
"(3) The Secretary shall reimburse mental health professionals for the reasonable cost (as determined by the Secretary) of furnishing counseling services under paragraph (1). In the event of the disapproval of a treatment plan of a person submitted by a mental health professional under paragraph (1)(B)(i), the Secretary shall reimburse the mental health professional for the reasonable cost (as so determined) of furnishing counseling services to the person for the period beginning on the date of the commencement of such services and ending on the date of the disapproval.
"(4) The Secretary may authorize the furnishing of counseling in an individual case for a period shorter than the 90-day period specified in subparagraph (B) or (C) of paragraph (1) and, upon further consideration, extend the shorter period to the full 90 days.
"(5)(A) For the purposes of this subsection, the term 'treatment plan', with respect to a person entitled to counseling services under the program, must include-
"(i) an assessment by the mental health professional submitting the plan of the counseling needs of the person described in the plan on the date of the submittal of the plan; and
"(ii) a description of the counseling services to be furnished to the person by the mental health professional during the 90-day period covered by the plan, including the number of counseling sessions proposed as part of such services.
"(B) The Secretary shall prescribe an appropriate form for the treatment plan.
"(f)
"(g)
"(h)
"(1) the number of such persons, stated as a total number and separately for each eligibility status referred to in subsection (b);
"(2) the age and gender of such persons;
"(3) the manner in which such persons were furnished such services under the program; and
"(4) the number of counseling sessions furnished to such persons.
"(i)
Post-Traumatic Stress Disorder Program Planning
Section 123 of
"(a)
"(1) to ensure, to the maximum extent practicable, that veterans suffering from post-traumatic stress disorder related to active duty are provided appropriate treatment and rehabilitative services for that condition in a timely manner;
"(2) to expand and improve the services available for veterans suffering from post-traumatic stress disorder related to active duty;
"(3) to eliminate waiting lists for inpatient treatment and other modes of treatment for post-traumatic stress disorder;
"(4) to enhance outreach activities carried out to inform combat-area veterans of the availability of treatment for post-traumatic stress disorder; and
"(5) to ensure, to the extent practicable, that there are Department post-traumatic stress disorder treatment units in locations that are readily accessible to veterans residing in rural areas of the United States.
"(b)
"(1) the numbers of veterans suffering from post-traumatic stress disorder related to active duty, as indicated by relevant studies, scientific and clinical reports, and other pertinent information;
"(2) the numbers of veterans who would likely seek post-traumatic stress disorder treatment from the Department if waiting times for treatment were eliminated and outreach activities to combat-area veterans with post-traumatic stress disorder were enhanced;
"(3) the current and projected capacity of the Department to provide appropriate treatment and rehabilitative services for post-traumatic stress disorder;
"(4) the level and geographic accessibility of inpatient and outpatient care available through the Department for veterans suffering from post-traumatic stress disorder across the United States;
"(5) the desirability of providing that inpatient and outpatient post-traumatic stress disorder care be furnished in facilities of the Department that are physically independent of general psychiatric wards of the medical facilities of the Department;
"(6) the treatment needs of veterans suffering from post-traumatic stress disorder who are women, of such veterans who are ethnic minorities (including Native Americans, Native Hawaiians, Asian-Pacific Islanders, and Native Alaskans), and of such veterans who suffer from substance abuse problems in addition to post-traumatic stress disorder; and
"(7) the recommendations of the Special Committee on Post-Traumatic-Stress Disorder with respect to (A) specialized inpatient and outpatient programs of the Department for the treatment of post-traumatic stress disorder, and (B) with respect to the establishment of educational programs that are designed for each of the various levels of education, training, and experience of the various mental health professionals involved in the treatment of veterans suffering from post-traumatic stress disorder.
"(c)
"(d)
"(1) The term 'active duty' has the meaning given that term in section 101(21) of title 38, United States Code.
"(2) The term 'veteran' has the meaning given that term in section 101(2) of such title.
"(3) The term 'combat-area veteran' means a veteran who served on active duty in an area at a time during which hostilities (as defined in section 1712A(a)(2)(B) of such title) occurred in such area."
Updates of Reports on Post-Traumatic Stress Disorder
Section 122(b) of
Authorization for Relocation of Certain Facilities
Section 1501(b) of
Prohibition of Delegation of Duties
Post-Traumatic-Stress Disorder; Diagnosis and Treatment; Education and Training of Health-Care Personnel; Coordination With Readjustment Counseling; Special Committee; National Center; Compilation and Publication of Research Results; Reports to Congressional Committees
"(a)(1) The Under Secretary for Health of the Department of Veterans Affairs may designate special programs within the Veterans Health Administration for the diagnosis and treatment of post-traumatic-stress disorder (hereinafter in this section referred to as 'PTSD').
"(2) The Under Secretary for Health shall direct (A) that (in addition to providing diagnostic and treatment services for PTSD) Department programs designated under paragraph (1) (hereinafter in this section referred to as 'designated PTSD programs') carry out activities to promote the education and training of health-care personnel (including health-care personnel not working for the Department or the Federal Government) in the causes, diagnosis, and treatment of PTSD, and (B) that (when appropriate) the provision of treatment services under such program be coordinated with the provision of readjustment counseling services under section 1712A of title 38, United States Code.
"(b)(1) The Under Secretary for Health shall establish in the Veterans Health Administration a Special Committee on Post-Traumatic-Stress Disorder (hereinafter in this section referred to as the 'Special Committee'). The Under Secretary for Health shall appoint qualified employees of the Veterans Health Administration to serve on the Special Committee.
"(2) The Special Committee shall assess, and carry out a continuing assessment of, the capacity of the Department to provide diagnostic and treatment services for PTSD to veterans eligible for health care furnished by the Department.
"(3) The Special Committee shall also advise the Under Secretary for Health regarding the development of policies, the provision of guidance, and the coordination of services for the diagnosis and treatment of PTSD (A) in designated PTSD programs, (B) in inpatient psychiatric programs and outpatient mental health programs other than designated PTSD programs, and (C) in readjustment counseling programs of the Department.
"(4) The Special Committee shall also make recommendations to the Under Secretary for Health for guidance with respect to PTSD regarding-
"(A) appropriate diagnostic and treatment methods;
"(B) referral for and coordination of followup care;
"(C) the evaluation of PTSD treatment programs;
"(D) the conduct of research concerning such diagnosis and treatment (taking into account the provisions of subsection (c));
"(E) special programs of education and training for employees of the Veterans Health Administration and the Veterans Benefits Administration (also taking into account such provisions);
"(F) the appropriate allocation of resources for all such activities; and
"(G) any specific steps that should be taken to improve such diagnosis and treatment and to correct any deficiencies in the operations of designated PTSD programs.
"(c) The Under Secretary for Health shall establish and operate in the Veterans Health Administration a National Center on Post-Traumatic-Stress Disorder. The National Center (1) shall carry out and promote the training of health care and related personnel in, and research into, the causes and diagnosis of PTSD and the treatment of veterans for PTSD, and (2) shall serve as a resource center for, and promote and seek to coordinate the exchange of information regarding, all research and training activities carried out by the Department, and by other Federal and non-Federal entities, with respect to PTSD.
"(d) The Under Secretary for Health shall regularly compile and publish the results of research that has been conducted relating to PTSD.
"(e)(1) Not later than March 1, 2000, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section. The report shall include the following:
"(A) A list of the members of the Special Committee.
"(B) A list of all designated PTSD programs and other programs providing treatment for PTSD, together with a description of the resources that have been allocated for the development and operation of each such program, a description of the education and training that has been provided for Department health-care personnel in such programs and elsewhere within the Department in the diagnosis and treatment of PTSD, and specification of the funding that has been allocated to each such program and elsewhere within the Department to support research relating to PTSD.
"(C) The assessment of the Under Secretary for Health of the Department, after consultation with the Special Committee, regarding the capability of the Department to meet the needs for inpatient and outpatient PTSD diagnosis and treatment (both through designated PTSD programs and otherwise) of veterans who served in the Republic of Vietnam during the Vietnam era, former prisoners of war, and other veterans eligible for health care from the Department and the efficacy of the treatment so provided, as well as a description of the results of any evaluations that have been made of PTSD treatment programs.
"(D) The plans of the Special Committee for further assessments of the capability of the Department to diagnose and treat veterans with PTSD.
"(E) The recommendations made by the Special Committee to the Under Secretary for Health and the views of the Under Secretary for Health on such recommendations.
"(F) A summary of the results of research conducted by the Department relating to PTSD.
"(G) A description of the steps taken, plans made (and a timetable for their execution), and resources to be applied to implement subsections (b) and (c).
"(H) The assessment of the Administrator [now Secretary] of the capacity of the Department to meet in all geographic areas of the United States the needs described in subparagraph (C) and any plans and timetable for increasing that capacity (including the costs of such action).
"(2) Not later than February 1, 2001, and May 1 of each year through 2012, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing information updating the reports submitted under this subsection since the enactment of the Veterans' Millennium Health Care and Benefits Act [Nov. 30, 1999]."
Study of Post-Traumatic Stress Disorder and Other Post-War Psychological Problems
Section 102 of
Readjustment Counseling and Related Mental Health Services for Veterans of War Declared After June 13, 1979
Section 103(b) of