
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1720D]

 
                      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. 1720D. Counseling and treatment for sexual trauma

    (a)(1) During the period through December 31, 2004, the Secretary 
shall operate a program under which the Secretary provides counseling 
and appropriate care and services to veterans who the Secretary 
determines require such counseling and care and services to overcome 
psychological trauma, which in the judgment of a mental health 
professional employed by the Department, resulted from a physical 
assault of a sexual nature, battery of a sexual nature, or sexual 
harassment which occurred while the veteran was serving on active duty.
    (2) In furnishing counseling to a veteran under this subsection, the 
Secretary may, during the period through December 31, 2004, provide such 
counseling pursuant to a contract with a qualified mental health 
professional if (A) in the judgment of a mental health professional 
employed by the Department, the receipt of counseling by that veteran in 
facilities of the Department would be clinically inadvisable, or (B) 
Department facilities are not capable of furnishing such counseling to 
that veteran economically because of geographical inaccessibility.
    (b)(1) The Secretary shall give priority to the establishment and 
operation of the program to provide counseling and care and services 
under subsection (a). In the case of a veteran eligible for counseling 
and care and services under subsection (a), the Secretary shall ensure 
that the veteran is furnished counseling and care and services under 
this section in a way that is coordinated with the furnishing of such 
care and services under this chapter.
    (2) In establishing a program to provide counseling under subsection 
(a), the Secretary shall--
        (A) provide for appropriate training of mental health 
    professionals and such other health care personnel as the Secretary 
    determines necessary to carry out the program effectively;
        (B) seek to ensure that such counseling is furnished in a 
    setting that is therapeutically appropriate, taking into account the 
    circumstances that resulted in the need for such counseling; and
        (C) provide referral services to assist veterans who are not 
    eligible for services under this chapter to obtain those from 
    sources outside the Department.

    (c) The Secretary shall provide information on the counseling and 
treatment available to veterans under this section. Efforts by the 
Secretary to provide such information--
        (1) shall include availability of a toll-free telephone number 
    (commonly referred to as an 800 number);
        (2) shall ensure that information about the counseling and 
    treatment available to veterans under this section--
            (A) is revised and updated as appropriate;
            (B) is made available and visibly posted at appropriate 
        facilities of the Department; and
            (C) is made available through appropriate public information 
        services; and

        (3) shall include coordination with the Secretary of Defense 
    seeking to ensure that individuals who are being separated from 
    active military, naval, or air service are provided appropriate 
    information about programs, requirements, and procedures for 
    applying for counseling and treatment under this section.

    (d) In this section, the term ``sexual harassment'' means repeated, 
unsolicited verbal or physical contact of a sexual nature which is 
threatening in character.

(Added Pub. L. 102-585, title I, Sec. 102(a)(1), Nov. 4, 1992, 106 Stat. 
4945; amended Pub. L. 103-452, title I, Sec. 101(a)-(d), (f)(1), (2)(A), 
(g)(1), Nov. 2, 1994, 108 Stat. 4783, 4784; Pub. L. 105-368, title IX, 
Sec. 902, Nov. 11, 1998, 112 Stat. 3360; Pub. L. 106-117, title I, 
Sec. 115(a)-(c), Nov. 30, 1999, 113 Stat. 1558.)


                               Amendments

    1999--Subsec. (a)(1). Pub. L. 106-117, Sec. 115(a)(1), (b)(1), 
substituted ``December 31, 2004'' for ``December 31, 2001'' and ``shall 
operate a program under which the Secretary provides counseling and 
appropriate care and services to veterans who the Secretary determines 
require such counseling and care and services'' for ``may provide 
counseling to a veteran who the Secretary determines requires such 
counseling''.
    Subsec. (a)(2), (3). Pub. L. 106-117, Sec. 115(a)(2), (b)(2), 
redesignated par. (3) as (2), substituted ``December 31, 2004'' for 
``December 31, 2001'', and struck out former par. (2) which read as 
follows: ``During the period referred to in paragraph (1), the Secretary 
may provide appropriate care and services to a veteran for an injury, 
illness, or other psychological condition that the Secretary determines 
to be the result of a physical assault, battery, or harassment referred 
to in that paragraph.''
    Subsec. (c). Pub. L. 106-117, Sec. 115(c)(1), inserted ``and 
treatment'' after ``counseling'' in first sentence.
    Subsec. (c)(2), (3). Pub. L. 106-117, Sec. 115(c), added par. (2), 
redesignated former par. (2) as (3), and inserted ``and treatment'' 
after ``counseling''.
    1998--Subsec. (a)(1), (3). Pub. L. 105-368 substituted ``December 
31, 2001'' for ``December 31, 1998''.
    1994--Pub. L. 103-452, Sec. 101(f)(2)(A), substituted ``and 
treatment'' for ``to women veterans'' in section catchline.
    Subsec. (a)(1). Pub. L. 103-452, Sec. 101(b)(1), (f)(1)(A), 
substituted ``December 31, 1998,'' for ``December 31, 1995,'' and struck 
out ``woman'' after ``counseling to a''.
    Subsec. (a)(2). Pub. L. 103-452, Sec. 101(a), added par. (2) and 
struck out former par. (2) which read as follows: ``To be eligible to 
receive counseling under this subsection, a veteran must seek such 
counseling from the Secretary within two years after the date of the 
veteran's discharge or release from active military, naval, or air 
service.''
    Subsec. (a)(3). Pub. L. 103-452, Sec. 101(b)(2), substituted 
``December 31, 1998,'' for ``December 31, 1994,''.
    Subsec. (b). Pub. L. 103-452, Sec. 101(c), redesignated subsec. (c) 
as (b) and struck out former subsec. (b) which read as follows: ``In 
providing services to a veteran under subsection (a), the period for 
which counseling is provided may not exceed one year from the date of 
the commencement of the furnishing of such counseling to the veteran. 
However, the Secretary may authorize a longer period in any case if, in 
the judgment of the Secretary, a longer period of counseling is 
required.''
    Subsec. (b)(1). Pub. L. 103-452, Sec. 101(d), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The Secretary 
shall give priority to the establishment and operation of the program to 
provide counseling under subsection (a). In the case of a veteran 
eligible for such counseling who requires other care or services under 
this chapter for trauma described in subsection (a)(1), the Secretary 
shall ensure that the veteran is furnished counseling under this section 
in a way that is coordinated with the furnishing of such other care and 
services under this chapter.''
    Subsec. (b)(2)(C). Pub. L. 103-452, Sec. 101(f)(1)(B), struck out 
``women'' after ``assist''.
    Subsec. (c). Pub. L. 103-452, Sec. 101(f)(1)(B), struck out 
``women'' after ``available to'' in introductory provisions.
    Pub. L. 103-452, Sec. 101(c)(2), redesignated subsec. (d) as (c). 
Former subsec. (c) redesignated (b).
    Subsec. (c)(1). Pub. L. 103-452, Sec. 101(g)(1), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``may include 
establishment of an information system involving the use of a toll-free 
telephone number (commonly referred to as an 800 number), and''.
    Subsec. (c)(2). Pub. L. 103-452, Sec. 101(f)(1)(C), substituted 
``individuals'' for ``women''.
    Subsecs. (d), (e). Pub. L. 103-452, Sec. 101(c)(2), redesignated 
subsec. (e) as (d). Former subsec. (d) redesignated (c).


 Information on Telephone Counseling Availability; Personnel Training; 
                Client Confidentiality; Publicity; Report

    Section 101(g)(2) to (5) of Pub. L. 103-452 provided that:
    ``(2) In providing information on counseling available to veterans 
as required under section 1720D(c)(1) of title 38, United States Code 
(as amended by paragraph (1)), the Secretary of Veterans Affairs shall 
ensure that the Department of Veterans Affairs personnel who provide 
assistance under such section are trained in the provision to persons 
who have experienced sexual trauma of information about the care and 
services relating to sexual trauma that are available to veterans in the 
communities in which such veterans reside, including care and services 
available under programs of the Department (including the care and 
services available under section 1720D of such title) and from non-
Department agencies or organizations.
    ``(3) The telephone assistance service shall be operated in a manner 
that protects the confidentiality of persons who place calls to the 
system.
    ``(4) The Secretary shall ensure that information about the 
availability of the telephone assistance service is visibly posted in 
Department medical facilities and is advertised through public service 
announcements, pamphlets, and other means.
    ``(5) Not later than 18 months after the date of the enactment of 
this Act [Nov. 2, 1994], the Secretary shall submit to Congress a report 
on the operation of the telephone assistance service required under 
section 1720D(c)(1) of title 38, United States Code (as amended by 
paragraph (1)). The report shall set forth the following:
        ``(A) The number of persons who sought information during the 
    period covered by the report through a toll-free telephone number 
    regarding services available to veterans relating to sexual trauma, 
    with a separate display of the number of such persons arrayed by 
    State (as such term is defined in section 101(20) of title 38, 
    United States Code).
        ``(B) A description of the training provided to the personnel 
    who provide such assistance.
        ``(C) The recommendations and plans of the Secretary for the 
    improvement of the service.''


            Transition Period for Eligibility for Counseling

    Section 102(b) of Pub. L. 102-585, as amended by Pub. L. 103-210, 
Sec. 2(b), Dec. 20, 1993, 107 Stat. 2497, provided that in the case of a 
veteran who was discharged or released from active military, naval, or 
air service before Dec. 31, 1992, the two-year period specified in 38 
U.S.C. 1720D(a)(2) was to be treated as ending on Dec. 31, 1994, prior 
to repeal by Pub. L. 103-452, title I, Sec. 101(h), Nov. 2, 1994, 108 
Stat. 4785.


          Commencement of Provision of Information on Services

    Section 104 of Pub. L. 102-585 directed Secretary of Veterans 
Affairs, not later than 90 days after Nov. 4, 1992, to commence the 
provision of information on the counseling relating to sexual trauma 
that is available to women veterans under 38 U.S.C. 1720D.


      Report on Implementation of Sexual Trauma Counseling Program

    Section 105 of Pub. L. 102-585 directed Secretary of Veterans 
Affairs, not later than Mar. 31, 1994, to submit to Congress a 
comprehensive report on the Secretary's actions under 38 U.S.C. 1720D.
