[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5007 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5007
To require the Department of Veterans Affairs to provide mental health
services in languages other than English, as needed, for veterans and
family members with limited English proficiency, to expand the scope of
mental health services provided to family members of veterans, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2006
Ms. Solis introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Department of Veterans Affairs to provide mental health
services in languages other than English, as needed, for veterans and
family members with limited English proficiency, to expand the scope of
mental health services provided to family members of veterans, 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. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF
VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH
LIMITED ENGLISH PROFICIENCY.
(a) In General.--
(1) Requirement.--Chapter 17 of title 38, United States
Code, is amended by inserting after section 1712B the following
new section:
``Sec. 1713. Mental health services; languages other than English
``(a) Availability of Counseling in Languages Other Than English.--
In providing counseling and other mental health services authorized by
law to a veteran who has limited proficiency in English, the Secretary
shall ensure that such counseling and services are available to that
veteran in both English and a language other than English in which the
veteran is proficient, if requested by the veteran.
``(b) Identification of Limited English Proficient Veterans.--For
purposes of this section, the Secretary shall develop procedures for
identifying veterans who have limited proficiency in English and of
informing those veterans of the provisions of subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1712B the following new item:
``1713. Mental health services; languages other than English''.
(b) Family Members.--Section 1782 of such title is amended by
adding at the end the following new subsections:
``(e) Additional Counseling.--In addition to services authorized by
subsections (a) and (b), the Secretary shall, in connection with the
service of a veteran in the active military, naval, or air service,
provide to an individual described in subsection (c) such counseling
and mental health services as are requested by the individual, except
to the extent that the Secretary determines that such counseling and
mental health services are not needed.
``(f) Bilingual Counseling.--(1) In providing counseling and mental
health services under this section and bereavement counseling under
section 1783 of this title, the Secretary shall ensure, in the case of
an individual who has limited proficiency in English, that such
counseling and services are available to that individual in both
English and a language other than English in which the individual is
proficient, if requested by the individual.
``(2) For purposes of this subsection, the Secretary shall develop
procedures for identifying individuals who have limited proficiency in
English and of informing those individuals of the provisions of
paragraph (1).''.
(c) Effective Date.--Section 1713 of title 38, United States Code,
as added by subsection (a)(1), and subsections (e) and (f) of section
1782 of such title, as added by subsection (b), shall take effect at
the end of the 120-day period beginning on the date of the enactment of
this Act.
SEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS
OF EXECUTIVE ORDER 13166.
(a) System for Access to Services.--The Secretary of Veterans
Affairs shall implement a system by which persons with limited English
proficiency can meaningfully access the services provided by the
Department of Veterans Affairs consistent with, and without unduly
burdening, the fundamental mission of that Department. The Secretary
shall work to ensure that recipients of financial assistance under
programs of the Department provide meaningful access to applicants and
beneficiaries with limited English proficiency.
(b) Plan.--The Secretary shall implement a plan to improve access
to programs and activities of the Department of Veterans Affairs by
eligible persons with limited English proficiency. The plan shall be
consistent with the standards set forth in the guidance issued by the
Attorney General and shall include the steps the Secretary will take to
ensure that eligible persons with limited English proficiency can
meaningfully access the programs and activities of the Department.
SEC. 3. IMPLEMENTATION.
In developing and implementing the plan under section 2(b), the
Secretary shall, at a minimum, carry out the following:
(1) The Secretary shall conduct a thorough assessment of
the language needs of the population served by the Department
of Veterans Affairs, including identifying the non-English
languages that are likely to be encountered.
(2) The Secretary shall develop and implement a
comprehensive language assistance program, which shall
include--
(A) hiring bilingual staff and interpreters for
patient and client contact positions; and
(B) translating written materials (such as consent
forms, notice of free language assistance, and outreach
materials) into languages other than English.
(3) The Secretary shall train staff of the Department on
the access policy of the Department with respect to persons
with limited English proficiency and on carrying out that
policy.
(4) The Secretary shall establish vigilant monitoring and
oversight to ensure that persons with limited English
proficiency have meaningful access to health care and services.
(5) The Secretary shall establish a task force to evaluate
implementation and to prioritize needed actions to implement
the access plan for persons with limited English proficiency.
(6) The Secretary shall develop a specific plan to ensure
seamless transition of veterans and their families from
benefits and services provided by the Department of Defense to
benefits and services provided by the Department of Veterans
Affairs, including bilingual readjustment and bereavement
counseling.
(7) The Secretary shall establish a process to translate
vital documents and other materials, including materials on the
World Wide Web, brochures distributed as part of outreach
efforts to servicemembers transitioning into civilian life, and
the post-deployment health reassessment program.
(8) The Secretary shall conduct outreach to veterans and
their families in communities which may have higher proportions
of populations with limited English proficiency to ensure they
are aware of eligibility for benefits and services from the
Department of Veterans Affairs.
SEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF
DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS
WITH LIMITED ENGLISH PROFICIENCY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the implementation by the Veterans Health
Administration of the Department of Veterans Affairs of the directive
of the Veterans Health Administration designated ``VHA Directive 2002-
006'' that was issued by the Under Secretary for Health of the
Department of Veterans Affairs on January 31, 2002, and that issued
policy to implement prohibitions on discrimination on the basis of
national origin for persons with limited English proficiency in
Federally-conducted programs and activities and in Federal financial
assisted programs.
(b) Capacity to Provide Services to LEP Servicemembers.--The
Secretary shall include in the report an analysis of the capacity of
the Department of Veterans Affairs to provide services to members of
the Armed Forces with limited English proficiency.
<all>