[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1226

To amend title 38, United States Code, to provide for the organization 
 and administration of the Readjustment Counseling Service, to improve 
eligibility for readjustment counseling and related counseling, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, June 30), 1993

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide for the organization 
 and administration of the Readjustment Counseling Service, to improve 
eligibility for readjustment counseling and related counseling, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Readjustment Counseling Service 
Amendments of 1993''.

SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7305 of title 38, United States Code, is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) A Readjustment Counseling Service.''.
    (b) Organization.--The Readjustment Counseling Service shall have 
the organizational structure and administrative structure of that 
service as such structures were in existence on January 1, 1993.
    (c) Revision of Organizational Structure.--(1) The Secretary of 
Veterans Affairs may not alter or revise the organizational structure 
or the administrative structure of the Readjustment Counseling Service 
until--
            (A) the Secretary has submitted to the Committees on 
        Veterans' Affairs of the Senate and House of Representatives a 
        report containing a full and complete statement of the proposed 
        alteration or revision; and
            (B) a period of 60 days has elapsed after the date on which 
        the report is received by the committees.
    (2) In the computation of the 60-day period under paragraph (1)(B), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 calendar days 
to a day certain.
    (d) Budget Information Relating to the Service.--Each budget 
submitted to the Congress by the President under section 1105 of title 
31, United States Code, shall set forth the amount requested in the 
budget for the operation of the Readjustment Counseling Service in the 
fiscal year covered by the budget and shall set forth separately the 
amount requested for administrative oversight of the activities of the 
service (including the amount requested for funding of the Advisory 
Committee on Veteran Readjustment Counseling).

SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.

    (a) Director.--Section 7306(b) of title 38, United States Code, is 
amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(4) one shall be a person who (A)(i) is a qualified 
        psychiatrist, (ii) is a qualified psychologist holding a 
        diploma as a doctorate in clinical or counseling psychology 
        from an authority approved by the American Psychological 
        Association and has successfully undergone an internship 
        approved by that association, (iii) is a qualified holder of a 
        master in social work degree, or (iv) is a registered nurse 
        holding a master of science in nursing degree in psychiatric 
        nursing or any other mental-health related degree approved by 
        the Secretary, and (B) has at least 3 years of clinical 
        experience and 2 years of administrative experience in the 
        Readjustment Counseling Service or other comparable mental 
        health care counseling service (as determined by the 
        Secretary), who shall be the director of the Readjustment 
        Counseling Service.''.
    (b) Organizational Requirement.--The Director of the Readjustment 
Counseling Service shall report to the Under Secretary for Health 
through the Associate Deputy Under Secretary for Health for Clinical 
Programs.

SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND 
              CERTAIN RELATED COUNSELING SERVICES.

    (a) Readjustment Counseling.--(1) Subsection (c) of section 1712A 
of title 38, United States Code, is amended to read as follows:
    ``(a) Upon the request of any veteran, 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) Subsection (c) of such section is repealed.
    (b) Other Counseling.--Such section is further amended by inserting 
after subsection (b) the following new subsection (c):
    ``(c) The Secretary may provide the counseling services described 
in section 1701(6)(B)(ii) of this title to the surviving parents, 
spouse, and children of any member of the Armed Forces who dies while 
serving on active duty or from a condition (as determined by the 
Secretary) incurred in or aggravated by such service.''.
    (c) Authority To Contract for Counseling Services.--Subsection (e) 
of such section is amended by striking out ``subsections (a) and (b)'' 
each place it appears and inserting in lieu thereof ``subsections (a), 
(b), and (c)''.

SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT 
              COUNSELING SERVICE.

    (a) In General.--Notwithstanding any other provision of law, the 
records of the identity, diagnosis, prognosis, or treatment of any 
patient or subject of the Readjustment Counseling Service of the 
Department of Veterans Affairs, or of any patient or subject provided 
readjustment counseling services under a contract with the Department, 
may be disclosed only as follows:
            (1) By written consent of the patient or subject, only for 
        the purpose for which such consent is granted.
            (2) To medical personnel to the extent necessary to meet a 
        bona fide medical emergency.
            (3) To personnel of the Department other than personnel of 
        the service, if such disclosure is determined by an appropriate 
        member of the service to be necessary to avert an imminent 
        danger to the patient or subject, or to another person.
            (4) If authorized by an appropriate order of a court of 
        competent jurisdiction granted after application showing good 
        cause therefor (with such cause to be determined according to 
        the elements set forth in section 7332(b)(2)(D) of title 38, 
        United States Code).
    (b) Fines.--Any person who violates a provision of subsection (a) 
shall be fined in accordance with subsections (f) and (g) of section 
7332 of title 38, United States Code.

SEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.

    (a) In General.--(1) Subchapter II of chapter 17 of title 38, 
United States Code, is amended by inserting after section 1712B the 
following:
``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling
    ``(a)(1) There is in the Department the Advisory Committee on 
Veteran Readjustment Counseling (hereinafter in this section referred 
to as the `Committee').
    ``(2) The Committee shall consist of 18 members appointed by the 
Secretary from among veterans--
            ``(A) who have demonstrated significant civic or 
        professional achievement;
            ``(B) at least 12 of whom are veterans of the Vietnam era 
        or other period of war; and
            ``(C) who have experience with the provision of veterans 
        benefits and services by the Department.
    ``(3) The Secretary shall seek to ensure that members appointed to 
the Committee include persons from a wide variety of geographic areas 
and ethnic backgrounds, persons from veterans service organizations, 
and women.
    ``(4) The Secretary shall determine the terms of service and pay 
and allowances of the members of the Committee, except that a term of 
service may not exceed 2 years. The Secretary may reappoint any member 
for additional terms of service.
    ``(b)(1) The Secretary shall, on a regular basis, consult with and 
seek the advice of the Committee with respect to the provision by the 
Department of benefits and services to veterans in order to assist 
veterans in the readjustment to civilian life.
    ``(2)(A) In providing advice to the Secretary under this 
subsection, the Committee shall--
            ``(i) assemble and review information relating to the needs 
        of veterans in readjusting to civilian life;
            ``(ii) provide information relating to the nature and 
        character of psychological problems arising from military 
        service;
            ``(iii) provide an on-going assessment of the effectiveness 
        of the policies, organizational structures, and services of the 
        Department in assisting veterans in readjusting to civilian 
        life; and
            ``(iv) provide on-going advice on the most appropriate 
        means of responding to the readjustment needs of future 
        veterans.
    ``(B) In carrying out its duties under subparagraph (A), the 
Committee shall take into special account veterans of the Vietnam era, 
and the readjustment needs of such veterans.
    ``(c)(1) Not later than March 31 of each year, the Committee shall 
submit to the Secretary a report on the programs and activities of the 
Department that relate to the readjustment of veterans to civilian 
life. Each such report shall include--
            ``(A) an assessment of the needs of veterans with respect 
        to readjustment to civilian life;
            ``(B) a review of the programs and activities of the 
        Department designed to meet such needs; and
            ``(C) such recommendations (including recommendations for 
        administrative and legislative action) as the Committee 
        considers appropriate.
    ``(2) Not later than 90 days after the receipt of each report under 
paragraph (1), the Secretary shall transmit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a copy of 
the report, together with any comments and recommendations concerning 
the report that the Secretary considers appropriate.
    ``(3) The Committee may also submit to the Secretary such other 
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted 
to the Congress pursuant to section 529 of this title a summary of all 
reports and recommendations of the Committee submitted to the Secretary 
since the previous annual report of the Secretary submitted pursuant to 
that section.
    ``(d)(1) Except as provided in paragraph (2), the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
activities of the Committee under this section.
    ``(2) Section 14 of such Act shall not apply to the Committee.''.
    (2) The table of sections at the beginning of chapter 17 of such 
title is amended by inserting after the item relating to section 1712B 
the following:

``1712C. Advisory Committee on Veteran Readjustment Counseling.''.
    (b) Original Members.--(1) Notwithstanding subsection (a)(2) of 
section 1712C(a)(2) of such title (as added by subsection (a)), the 
members of the Advisory Committee on the Readjustment of Vietnam and 
Other War Veterans on the date of the enactment of this Act shall be 
the original members of the advisory committee recognized under such 
section.
    (2) The original members shall so serve until the Secretary of 
Veterans Affairs carries out appointments under such subsection (a)(2). 
The Secretary shall carry out such appointments as soon after such date 
as is practicable. The Secretary may make such appointments from among 
such original members.

SEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT 
              PROGRAM.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a plan for the expansion of the Vietnam Veteran 
Resource Center program established pursuant to the amendment made by 
section 105 of the Veterans' Administration Health-Care Amendments of 
1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a 
schedule for the implementation of the program at or through all 
Department of Veterans Affairs readjustment counseling centers.
    (2) The Secretary shall submit the plan not later than 4 months 
after the date of the enactment of this Act.
    (b) Definition.--In this section the term ``Department of Veterans 
Affairs readjustment counseling centers'' has the same meaning given 
the term ``center'' in section 1712A(i)(1) of title 38, United States 
Code.

SEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM.

    (a) Program.--(1) Subchapter II of chapter 17 of title 38, United 
States Code, is amended by adding at the end the following:
``Sec. 1720E. Veteran center health-care pilot program
    ``(a) The Secretary shall carry out a pilot program for the 
provision of health-related services to eligible veterans at 
readjustment counseling centers. The Secretary shall carry out the 
pilot program in accordance with this section.
    ``(b)(1) In carrying out the pilot program, the Secretary shall--
            ``(A) identify not less than 12 or more than 15 
        readjustment counseling centers at which to provide health-
        related services under the pilot program; and
            ``(B) provide such services to eligible veterans at such 
        centers in accordance with paragraph (2).
    ``(2)(A) The Secretary shall provide health-related services under 
the pilot program as follows:
            ``(i) At 5 or more readjustment counseling centers 
        identified under paragraph (1)(A), by providing not less than 
        20 hours per week of basic ambulatory services and health-care 
        screening through qualified personnel.
            ``(ii) At 5 or more such centers, by providing not less 
        than 40 hours per week of full-range ambulatory services 
        through qualified personnel.
            ``(iii) At 2 or more such centers, by providing not less 
        than 120 hours per week of physician services through qualified 
        personnel.
    ``(B) In determining the location of the readjustment counseling 
centers at which to provide health-related services under the pilot 
program, the Secretary shall select centers that are located in a 
variety of geographic areas and that serve veterans of a variety of 
economic, social, and ethnic backgrounds.
    ``(c)(1) The Secretary shall commence the provision of health-
related services at readjustment counseling centers under this section 
not later than 6 months after the date of the enactment of the 
Readjustment Counseling Service Amendments of 1993.
    ``(2) The pilot program shall terminate 2 years after the date on 
which the Secretary commences the provision of services under paragraph 
(1).
    ``(d) For the purposes of this section--
            ``(1) The term `Department general health-care facility' 
        has the meaning given such term in section 1712A(i)(2) of this 
        title.
            ``(2) The term `eligible veteran' means any veteran 
        eligible for outpatient services under paragraph (1), (2), or 
        (3) of section 1712(a) of this title.
            ``(3) The term `readjustment counseling center' has the 
        same meaning given the term `center' in section 1712A(i)(1) of 
        this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1720D the 
following:

``1720E. Veteran center health-care pilot program.''.
    (b) Report.--(1) The Secretary of Veterans Affairs shall submit to 
Congress a report on the veteran center health-care pilot program 
established under section 1720E of title 38, United States Code (as 
added by subsection (a)). The report shall include the following:
            (A) A description of the program, including information 
        on--
                    (i) the number of veterans provided health-related 
                services under the program;
                    (ii) the number of such veterans referred to 
                Department of Veterans Affairs general health-care 
                facilities in order to provide health care services to 
                such veterans; and
                    (iii) the cost to the Department of the program.
            (B) An analysis of the effectiveness of the health-related 
        services provided to veterans under the program.
            (C) The recommendations of the Secretary for means of 
        improving the program, and an estimate of the cost to the 
        Department of implementing such recommendations.
            (D) Such other information as the Secretary considers 
        appropriate.
    (2) The Secretary shall submit the report not later than 3 months 
after the termination of the pilot program.

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