
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-135 Section 208(e)(3)]
[Document affected by Public Law 106-419 Section 212]
[CITE: 38USC1712A]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
 SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL 
                                TREATMENT
 
Sec. 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.

    (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.
    (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 1711(b) 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 section 1701(6)(B) 
of this title.
    [(c) Repealed. Pub. L. 104-262, title III, Sec. 331(b), Oct. 9, 
1996, 110 Stat. 3198.]
    (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)(1)(A) Except as provided in subparagraph (C) of this paragraph, 
the Secretary may close or relocate a center in existence on January 1, 
1988, only as described in the national plan required by paragraph (3) 
of this subsection (or in a revision to such plan under paragraph (4) of 
this subsection in which the closure or relocation of that center is 
proposed).
    (B) A closure or relocation of a center which is proposed in such 
national plan may be carried out only after the end of the 120-day 
period beginning on the date on which the national plan is submitted. A 
closure or relocation of a center not proposed in such plan may be 
carried out only after the end of the 60-day period beginning on the 
date the Secretary submits a revision to such plan in which the closure 
or relocation of that center is proposed.
    (C) The Secretary may relocate a center in existence on January 1, 
1988, without regard to the national plan (including any revision to 
such plan) if such relocation is to a new location away from a 
Department general health-care facility when such relocation is 
necessitated by circumstances beyond the control of the Department. Such 
a relocation may be carried out only after the end of the 30-day period 
beginning on the date on which the Secretary notifies the Committees on 
Veterans' Affairs of the Senate and the House of Representatives of the 
proposed relocation, of the circumstances making it necessary, and of 
the reason for the selection of the new site for the center.
    (2)(A) Not later than April 1, 1988, the Secretary shall submit to 
the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the Secretary's evaluation of the 
effectiveness in helping to meet the readjustment needs of veterans who 
served on active duty during the Vietnam era of the readjustment 
counseling and mental health services provided pursuant to this section 
(and of outreach efforts with respect to such counseling and services). 
Such report shall give particular attention, in light of the results of 
the study required by section 102 of the Veterans' Health Care 
Amendments of 1983 (Public Law 98-160), to the provision of such 
counseling and services to veterans with post-traumatic stress disorder 
and to the diagnosis and treatment of such disorder.
    (B) The report required by subparagraph (A) of this paragraph shall 
include--
        (i) the opinion of the Secretary with respect to (I) the extent 
    to which the readjustment needs of veterans who served on active 
    duty during the Vietnam era remain unmet, and (II) the extent to 
    which the provision of readjustment counseling services under this 
    section in centers is needed to meet such needs; and
        (ii) in light of the opinion submitted pursuant to clause (i) of 
    this subparagraph, such recommendations for amendments to this 
    subsection and for other legislative and administrative action as 
    the Secretary considers appropriate.

    (3)(A) The Secretary, after considering the recommendations of the 
Under Secretary for Health, shall submit to such committees a report 
setting forth a national plan for all centers in existence on January 1, 
1988. Such national plan shall set forth the Secretary's proposals as to 
each such center for a period (to be determined by the Secretary) of not 
less than 12 months beginning on the date of the submission of the 
report. The plan shall include, as to each center, whether the Secretary 
proposes to relocate the center to a general Department facility, 
relocate the center to a new location away from a general Department 
facility, expand the center in the same location, or close the center. 
The plan shall also set forth any proposal of the Secretary to open 
additional centers.
    (B) The plan shall include the Secretary's evaluation as to how, in 
light of each of the criteria described in subparagraph (C) of this 
paragraph, the proposal set forth in the plan for each center covered by 
the plan would ensure the continued availability and effective 
furnishing of readjustment counseling services to eligible veterans 
needing such services in the geographic area served by that center.
    (C) The Secretary shall make the evaluation described in 
subparagraph (B) of this paragraph with respect to any center in light 
of the following:
        (i) The distribution of Vietnam-era veterans in the geographic 
    area served by the center and the relationships between the location 
    of such center and the general Department facility and such 
    distribution.
        (ii) The distance between the center and the general Department 
    facility.
        (iii) The availability of other entities (such as State, local, 
    or private outreach facilities) which provide assistance to Vietnam-
    era veterans in the area served by the center.
        (iv) The availability of transportation to, and parking at, the 
    center and the general Department facility.
        (v) The availability, cost, and suitability of the space at the 
    general Department facility.
        (vi) The overall cost impact of the proposed closure or 
    relocation, including a comparison of the recurring nonpersonnel 
    costs of providing readjustment counseling to the same estimated 
    number of veterans at the center and the general Department 
    facility.
        (vii) The workload trends over the two previous fiscal years, 
    and projected over the next fiscal year (or longer), at the center.
        (viii) Such other factors as the Secretary determines to be 
    relevant to making the evaluation described in subparagraph (B) of 
    this paragraph.

    (D) For the purposes of this paragraph, the term ``general 
Department facility'' means a Department facility which is not a center 
and at which readjustment counseling would be furnished in a particular 
geographic area upon the closure or relocation of a center.
    (4) After submitting the plan required by paragraph (3) of this 
subsection, the Secretary may submit to the committees a revision to 
such plan in order to modify the proposal set forth in the plan as to 
any center. Any such revision shall include, with respect to each center 
addressed in the revision, a description of the Secretary's evaluation 
of the matters specified in paragraphs (3)(B) and (3)(C) of this 
subsection.
    (5) For purposes of determining a period of time under paragraph 
(1)(B) of this subsection, if the national plan (or a revision to the 
national plan) is submitted to the committees during the 121-day period 
beginning 60 days before and ending 60 days after the final day of a 
session of the Congress, it shall be deemed to have been submitted on 
the sixty-first day after the final day of such session.
    [(h) Repealed. Pub. L. 102-83, Sec. 4(b)(6), Aug. 6, 1991, 105 Stat. 
405.]
    (i) For the purposes of this section:
        (1) The term ``center'' means a facility (including a Resource 
    Center designated under subsection (h)(3)(A) of this section) 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 Pub. L. 96-22, title I, Sec. 103(a)(1), June 13, 1979, 93 Stat. 
48, Sec. 612A; amended Pub. L. 96-128, title V, Sec. 501(b), Nov. 28, 
1979, 93 Stat. 987; Pub. L. 97-72, title I, Sec. 104(a)(1), (b), Nov. 3, 
1981, 95 Stat. 1049; Pub. L. 98-160, title I, Sec. 101, Nov. 21, 1983, 
97 Stat. 993; Pub. L. 99-166, title I, Secs. 105, 106, Dec. 3, 1985, 99 
Stat. 944, 945; Pub. L. 99-272, title XIX, Secs. 19011(d)(4), 
19012(c)(3), Apr. 7, 1986, 100 Stat. 379, 382; Pub. L. 99-576, title II, 
Sec. 204, title VII, Sec. 702(6), Oct. 28, 1986, 100 Stat. 3255, 3302; 
Pub. L. 100-322, title I, Sec. 107(a)-(e), May 20, 1988, 102 Stat. 494-
496; Pub. L. 100-687, div. B, title XV, Sec. 1501(a), Nov. 18, 1988, 102 
Stat. 4132; Pub. L. 102-25, title III, Sec. 334(d), Apr. 6, 1991, 105 
Stat. 89; Pub. L. 102-54, Sec. 14(b)(11), June 13, 1991, 105 Stat. 283; 
renumbered Sec. 1712A and amended Pub. L. 102-83, Secs. 4(a)(3), (4), 
(b)(1), (2)(E), (6), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. 
L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; 
Pub. L. 104-262, title I, Sec. 101(d)(5), title III, Sec. 331, Oct. 9, 
1996, 110 Stat. 3180, 3197; Pub. L. 106-117, title II, Sec. 205(a), Nov. 
30, 1999, 113 Stat. 1563.)

                       References in Text

    Section 102 of the Veterans' Health Care Amendments of 1983, 
referred to in subsec. (g)(2)(A), is section 102 of Pub. L. 98-160, 
title I, Nov. 21, 183, 97 Stat. 994, which was formerly set out below.


                               Amendments

    1999--Subsec. (a)(1)(B)(ii). Pub. L. 106-117 substituted ``January 
1, 2004'' for ``January 1, 2000''.
    1996--Subsec. (a). Pub. L. 104-262, Sec. 331(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows:
    ``(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). Pub. L. 104-262, Sec. 101(d)(5)(A), struck out 
``under the conditions specified in section 1712(a)(5)(B) of this 
title'' after ``furnished such services on an outpatient basis''.
    Subsec. (c). Pub. L. 104-262, Sec. 331(b), struck out subsec. (c) 
which read as follows: ``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 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 the Department for review of such individual's discharge or 
    release from such service.''
    Subsec. (e)(1). Pub. L. 104-262, Sec. 101(d)(5)(B), substituted 
``sections 1703(a)(2) and 1710(a)(1)(B)'' for ``sections 1712(a)(1)(B) 
and 1703(a)(2)''.
    1992--Subsecs. (d), (g)(3)(A). Pub. L. 102-405 substituted ``Under 
Secretary for Health'' for ``Chief Medical Director''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 612A of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in par. (1).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in par. (1).
    Pub. L. 102-25 designated existing provisions as par. (1) and added 
par. (2).
    Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1712(a)(5)(B)'' for ``612(a)(5)(B)'' and ``1711(b)'' for ``611(b)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    Pub. L. 102-54 substituted ``section 612(a)(5)(B)'' for ``paragraph 
(1)(A)(ii) of section 612(f)''.
    Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1701(6)(B)'' for ``601(6)(B)''.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in pars. (1) and (2).
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3485'' for 
``1685''.
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1712(a)(1)(B) and 1703(a)(2)'' for ``612(a)(1)(B) and 603(a)(2)'' in 
par. (1).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places.
    Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' and ``Secretary's'' for 
``Administrator's'' wherever appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    Subsec. (h). Pub. L. 102-83, Sec. 4(b)(6), struck out subsec. (h) 
which related to carrying out a pilot program to provide and coordinate 
services to meet the readjustment needs of veterans on active duty 
during the Vietnam era.
    Subsec. (i). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' wherever appearing.
    1988--Subsec. (g)(1). Pub. L. 100-322, Sec. 107(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``During the 
24-month period ending on September 30, 1989, the Administrator shall 
take appropriate steps to ensure--
        ``(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). Pub. L. 100-687, Sec. 1501(a)(1), substituted 
``Except as provided in subparagraph (C) of this paragraph, the'' for 
``The''.
    Subsec. (g)(1)(C). Pub. L. 100-687, Sec. 1501(a)(2), added subpar. 
(C).
    Subsec. (g)(2)(A). Pub. L. 100-322, Sec. 107(b), substituted ``April 
1, 1988'' for ``April 1, 1987'' and struck out ``(or, if the study is 
not then completed, whatever information from it is then available)'' 
after ``(Public Law 98-160)''.
    Subsec. (g)(2)(B)(i). Pub. L. 100-322, Sec. 107(e)(1)(A), 
substituted ``in centers is needed'' for ``in a program providing such 
services through facilities situated apart from Veterans' Administration 
health-care facilities is needed''.
    Subsec. (g)(2)(B)(ii). Pub. L. 100-322, Sec. 107(e)(1)(B), 
substituted ``this subsection'' for ``paragraph (1) of this 
subsection''.
    Subsec. (g)(3) to (5). Pub. L. 100-322, Sec. 107(c), added pars. (3) 
to (5) and struck out former pars. (3) and (4) which read as follows:
    ``(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). Pub. L. 100-322, Sec. 107(e)(2)(A), substituted 
``referred to as `Resource Centers')'' for ``referred to as 
`Centers')''.
    Subsec. (h)(4), (5). Pub. L. 100-322, Sec. 107(e)(2)(B), substituted 
``Resource Center'' for ``Center'' wherever appearing.
    Subsec. (i). Pub. L. 100-322, Sec. 107(d), added subsec. (i).
    1986--Subsec. (b)(1). Pub. L. 99-272, Sec. 19011(d)(4)(A), 
substituted ``paragraph (1)(A)(ii)'' for ``clause (1)(B)''.
    Subsec. (e)(1). Pub. L. 99-272, Sec. 19012(c)(3), substituted 
``603(a)(2)'' for ``601(4)(C)(ii)''.
    Pub. L. 99-272, Sec. 19011(d)(4)(B), substituted ``612(a)(1)(B)'' 
for ``612(f)(2)''.
    Subsec. (g)(1). Pub. L. 99-576, Sec. 204(a), substituted ``the 24-
month period ending on September 30, 1989'' for ``the twelve-month 
period ending on September 30, 1988'' in introductory provision, and 
substituted ``orderly, gradual transition by October 1, 1989'' for 
``orderly transition, by October 1, 1988'' in subpar. (A).
    Subsec. (g)(2)(A). Pub. L. 99-576, Sec. 204(b)(1), inserted ``(Pub. 
L. 98-160) (or, if the study is not then completed, whatever information 
from it is then available)'' after ``the Veterans' Health Care 
Amendments of 1983''.
    Subsec. (g)(3). Pub. L. 99-576, Sec. 204(b)(2), inserted at end 
``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).''
    Subsec. (g)(4). Pub. L. 99-576, Sec. 204(c), added par. (4).
    Subsec. (h)(3)(A)(i). Pub. L. 99-576, Sec. 702(6), substituted 
``December 3, 1985,'' for ``the date of the enactment of this section''.
    1985--Subsec. (g)(1)(B). Pub. L. 99-166, Sec. 106, which directed 
the substitution of ``who request such counseling'' for ``who requested 
counseling before such date'', was executed by making the substitution 
for the phrase ``who requested such counseling before such date'' to 
reflect the probable intent of Congress.
    Subsec. (h). Pub. L. 99-166, Sec. 105, added subsec. (h).
    1983--Subsec. (a). Pub. L. 98-160, Sec. 101(a), struck out ``if such 
veteran requests such counseling within two years after the date of such 
veteran's discharge or release from active duty, or by September 30, 
1984, whichever is later'' after ``to assist such veteran in readjusting 
to civilian life''.
    Subsec. (g)(1). Pub. L. 98-160, Sec. 101(b)(1), substituted 
``September 30, 1988'' for ``September 30, 1984'' in provisions 
preceding subpar. (A).
    Subsec. (g)(1)(A). Pub. L. 98-160, Sec. 101(b)(1), substituted 
``October 1, 1988'' for ``October 1, 1984''.
    Subsec. (g)(2). Pub. L. 98-160, Sec. 101(b)(2), amended par. (2) 
generally, designating existing provisions as subpar. (A), substituting 
``Not later than April 1, 1987, the Administrator shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the Administrator's evaluation of the 
effectiveness in helping to meet the readjustment needs of veterans who 
served on active duty during the Vietnam era of the readjustment 
counseling and mental health services provided pursuant to this section 
(and of outreach efforts with respect to such counseling and services). 
Such report shall give particular attention, in light of the results of 
the study required by section 102 of the Veterans' Health Care 
Amendments of 1983, to the provision of such counseling and services to 
veterans with post-traumatic stress disorder and to the diagnosis and 
treatment of such disorder'' for ``Not later than April 1, 1984, the 
Administrator shall submit to the Committees on Veterans' Affairs of the 
Senate and the House of Representatives a report on the plans made and 
actions taken to carry out this subsection'', and adding subpar. (B).
    Subsec. (g)(3). Pub. L. 98-160, Sec. 101(b)(2), added par. (3).
    1981--Subsec. (a). Pub. L. 97-72, Sec. 104(a)(1), substituted ``or 
by September 30, 1984'' for ``or two years after the effective date of 
this section''.
    Subsec. (g). Pub. L. 97-72, Sec. 104(b), added subsec. (g).
    1979--Subsec. (d). Pub. L. 96-128 substituted ``title)'' for 
``title),''.


                    Effective Date of 1986 Amendment

    Amendment by section 19011(d)(4) of Pub. L. 99-272 applicable to 
hospital care, nursing home care, and medical services furnished on or 
after July 1, 1986, see section 19011(f) of Pub. L. 99-272, set out as a 
note under section 1710 of this title.


                    Effective Date of 1981 Amendment

    Section 104(a)(2) of Pub. L. 97-72 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect as of 
October 1, 1981.''


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section 
601(b) of Pub. L. 96-128, set out as a note under section 1114 of this 
title.


                             Effective Date

    Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22, 
set out as an Effective Date of 1979 Amendment note under section 1701 
of this title.


                   Specialized Mental Health Services

    Pub. L. 106-117, title I, Sec. 116, Nov. 30, 1999, 113 Stat. 1559, 
provided that:
    ``(a) Improvement to Specialized Mental Health Services.--The 
Secretary [of Veterans Affairs], in furtherance of the responsibilities 
of the Secretary under section 1706(b) of title 38, United States Code, 
shall carry out a program to expand and improve the provision of 
specialized mental health services to veterans. The Secretary shall 
establish the program in consultation with the Committee on Care of 
Severely Chronically Mentally Ill Veterans established pursuant to 
section 7321 of title 38, United States Code.
    ``(b) Covered Programs.--For purposes of this section, the term 
`specialized mental health services' includes programs relating to--
        ``(1) the treatment of post-traumatic stress disorder; and
        ``(2) substance use disorders.
    ``(c) Funding.--(1) In carrying out the program described in 
subsection (a), the Secretary shall identify, from funds available to 
the Department [of Veterans Affairs] for medical care, an amount of not 
less than $15,000,000 to be available to carry out the program and to be 
allocated to facilities of the Department pursuant to subsection (d).
    ``(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 $15,000,000 in excess of the baseline amount.
    ``(3) 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.
    ``(d) Allocation of Funds to Department Facilities.--The Secretary 
shall allocate funds identified pursuant to subsection (c)(1) to 
individual medical facilities of the Department as the Secretary 
determines appropriate based upon proposals submitted by those 
facilities for the use of those funds for improvements to specialized 
mental health services.
    ``(e) Report.--Not later than 12 months after the date of the 
enactment of this Act [Nov. 30, 1999], the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report describing the implementation of this section. 
The Secretary shall include in the report information on the allocation 
of funds to facilities of the Department under the program and a 
description of the improvements made with those funds to specialized 
mental health services for veterans.''


      Marriage and Family Counseling for Persian Gulf War Veterans

    Section 121 of Pub. L. 102-405 provided that:
    ``(a) Requirement.--Subject to the availability of funds 
appropriated pursuant to the authorization in subsection (g), the 
Secretary shall conduct a program to furnish to the persons referred to 
in subsection (b) the marriage and family counseling services referred 
to in subsection (c). The authority to conduct the program shall expire 
on September 30, 1994.
    ``(b) Persons Eligible for Counseling.--The persons eligible to 
receive marriage and family counseling services under the program are--
        ``(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) Counseling Services.--Under the program, the Secretary may 
provide marriage and family counseling that the Secretary determines, 
based on an assessment by a mental-health professional employed by the 
Department and designated by the Secretary (or, in an area where no such 
professional is available, a mental-health professional designated by 
the Secretary and performing services under a contract or fee 
arrangement with the Secretary), is necessary for the amelioration of 
psychological, marital, or familial difficulties that result from the 
active duty service referred to in subsection (b)(1) or (2).
    ``(d) Manner of Furnishing Services.--(1) Marriage and family 
counseling services shall be furnished under the program--
        ``(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) Contract Counseling Services.--(1) Subject to paragraphs (2) 
and (4), a mental health professional referred to in subsection 
(d)(1)(C) may furnish marriage and family counseling services to a 
person under the program as follows:
        ``(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) Cost Recovery.--For the purposes of section 1729 of title 38, 
United States Code, marriage and family counseling services furnished 
under the program shall be deemed to be care and services furnished by 
the Department under chapter 17 of such title, and the United States 
shall be entitled to recover or collect the reasonable cost of such 
services in accordance with that section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of fiscal years 1993 and 1994 to carry 
out this section.
    ``(h) Report.--Not later than July 1, 1994, the Secretary shall 
submit to Congress a report on the program conducted pursuant to this 
section. The report shall contain information regarding the persons 
furnished counseling services under the program, including--
        ``(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) Definitions.--For the purposes of this section, the terms 
`veteran', `child', `active duty', `reserve component', `spouse', and 
`Persian Gulf War' have the meanings given such terms in paragraphs 
101(2), (4), (21), (27), (31), and (33) of section 101 of title 38, 
United States Code, respectively.''


             Post-Traumatic Stress Disorder Program Planning

    Section 123 of Pub. L. 102-405 provided that:
    ``(a) Plan.--The Secretary shall develop a plan--
        ``(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) Considerations.--In developing the plan referred to in 
subsection (a), the Secretary shall consider--
        ``(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) Report.--Not later than six months after the date of the 
enactment of this Act [Oct. 9, 1992], the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the plan developed pursuant to subsection 
(a). The report shall include specific information relating to the 
consideration given to the matters described in subsection (b).
    ``(d) Definitions.--For the purposes of this section:
        ``(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 Pub. L. 102-405 directed Special Committee on 
Post-Traumatic-Stress Disorder, not later than Oct. 1, 1992, and Oct. 1, 
1993, to concurrently submit to Secretary and Committees on Veterans' 
Affairs of Senate and House of Representatives a report containing 
information updating the reports submitted to the Secretary under 
section 110(e) of the Veterans' Health Care Act of 1984, together with 
any additional information the Special Committee considers appropriate 
regarding the overall efforts of the Department of Veterans Affairs to 
meet the needs of veterans with post-traumatic stress disorder and other 
psychological problems in readjusting to civilian life, and directed 
Secretary, not later than 90 days after receiving each of the reports to 
submit to the committees any comments concerning the report that the 
Secretary considered appropriate. Similar provisions were contained in 
Pub. L. 101-237, title II, Sec. 201(e), Dec. 18, 1989, 103 Stat. 2066, 
as amended by Pub. L. 101-366, title II, Sec. 204, Aug. 15, 1990, 104 
Stat. 439.


           Authorization for Relocation of Certain Facilities

    Section 1501(b) of Pub. L. 100-687 related to relocation of 17 
Veterans' Administration Readjustment Counseling Service Vet Centers 
from their locations away from general Veterans' Administration health-
care facilities to other such locations.


                   Prohibition of Delegation of Duties

    Section 107(f) of Pub. L. 100-322, as amended by Pub. L. 100-527, 
Sec. 10(4), Oct. 25, 1988, 102 Stat. 2641; Pub. L. 102-40, Sec. 2(b), 
May 7, 1991, 105 Stat. 187; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 
105 Stat. 406, provided that: ``The Chief Medical Director [now Under 
Secretary for Health] of the Department of Veterans Affairs may not 
delegate the function of making recommendations under section 
1712A(g)(3)(A) [formerly 612A(g)(3)(A)] of title 38, United States Code, 
as amended by subsection (c).''


 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

    Pub. L. 98-528, title I, Sec. 110, Oct. 19, 1984, 98 Stat. 2691, as 
amended by Pub. L. 106-117, title II, Sec. 206, Nov. 30, 1999, 113 Stat. 
1563, provided that:
    ``(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 February 1 of each of the 
three following years, 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 Pub. L. 98-160, as amended by Pub. L. 99-576, title 
II, Sec. 216, Oct. 28, 1986, 100 Stat. 3259, directed Administrator of 
Veterans' Affairs to provide for the conducting of a comprehensive study 
of prevalence and incidence in population of Vietnam veterans of post-
traumatic stress disorder and other psychological problems of 
readjusting to civilian life and effects of such problems on such 
veterans and directed Administrator to submit to Committees on Veterans' 
Affairs of Senate and House of Representatives not later than Oct. 1, 
1986, a report on results of study.


Readjustment Counseling and Related Mental Health Services for Veterans 
                   of War Declared After June 13, 1979

    Section 103(b) of Pub. L. 96-22, as amended by Pub. L. 102-83, 
Secs. 5(c)(2), 6(d), Aug. 6, 1991, 105 Stat. 406, 407, provided that: 
``In the event of a declaration of war by the Congress after June 13, 
1979, the Secretary of Veterans Affairs, not later than six months after 
the date of such declaration, shall determine and recommend to the 
Congress whether eligibility for the readjustment counseling and related 
mental health services provided for in section 1712A [formerly 612A] of 
title 38, United States Code (as added by subsection (a) of this 
section) should be extended to the veterans of such war.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1703, 1710, 4102A, 4103, 
4103A, 4104, 4214, 7306 of this title; title 29 sections 1721, 2913.
