[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1030 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1030
To amend chapter 17 of title 38, United States Code, to improve the
Department of Veterans Affairs program of sexual trauma counseling for
veterans and to improve certain Department of Veterans Affairs programs
for women veterans.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26 (legislative day, April 19), 1993
Mr. Rockefeller (for himself, Mr. DeConcini, Mr. Graham, Mr. Akaka, Mr.
Daschle, Mr. Campbell, Mr. Kennedy, Mr. Conrad, Mrs. Murray, and Mr.
Jeffords) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend chapter 17 of title 38, United States Code, to improve the
Department of Veterans Affairs program of sexual trauma counseling for
veterans and to improve certain Department of Veterans Affairs programs
for women veterans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS SEXUAL TRAUMA COUNSELING
PROGRAM.
(a) Extension of Period of Authority To Provide Sexual Trauma
Counseling.--Subsection (a) of section 1720D of title 38, United States
Code, is amended--
(1) by striking out ``December 31, 1995,'' in paragraph (1)
and inserting in lieu thereof ``December 31, 1998,''; and
(2) by striking out ``December 31, 1994,'' in paragraph (3)
and inserting in lieu thereof ``December 31, 1998,''.
(b) Period of Eligibility To Seek Counseling.--(1) Such subsection
is further amended--
(A) by striking out paragraph (2); and
(B) by redesignating paragraph (3) (as amended by
subsection (a)(2)) as paragraph (2).
(2) Section 102(b) of the Veterans Health Care Act of 1992 (Public
Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed.
(c) Repeal of Limitation on Period of Receipt of Counseling.--
Section 1720D of title 38, United States Code, is further amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(d) Increased Priority of Care.--Section 1712(i) of title 38,
United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``To a veteran'';
and
(B) by inserting ``, or (B) who is eligible for
counseling under section 1720D of this title, for the
purposes of such counseling'' before the period at the
end; and
(2) in paragraph (2)--
(A) by striking out ``, (B)'' and inserting in lieu
thereof ``or (B)''; and
(B) by striking out ``, or (C)'' and all that
follows through ``such counseling''.
(e) Program Revision.--(1) Section 1720D of title 38, United States
Code, is further amended--
(A) by striking out ``woman'' in subsection (a)(1);
(B) by striking out ``women'' in subsection (b)(2)(C) and
in the first sentence of subsection (c), as redesignated by
subsection (c); and
(C) by striking out ``women'' in subsection (c)(2), as so
redesignated, and inserting in lieu thereof ``individuals''.
(2)(A) The heading of such section is amended to read as follows:
``Sec. 1720D. Counseling for sexual trauma''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 17 of such title is amended to read as
follows:
``1720D. Counseling for sexual trauma.''.
(f) Information on Counseling by Telephone.--(1) Paragraph (1) of
section 1720D(c) of title 38, United States Code, as redesignated by
subsection (c) of this section, is amended by striking out ``may'' and
inserting in lieu thereof ``shall''.
(2) In providing information on counseling available to veterans
through the information system required under section 1720D(c)(1) of
title 38, United States Code (as amended by this section), the
Secretary of Veterans Affairs shall ensure--
(A) that the telephone system described in such section is
operated by Department of Veterans Affairs personnel who 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;
(B) that such personnel are provided with information on
the care and services relating to sexual trauma that are
available to veterans and the locations in which such care and
services are available;
(C) that such personnel refer veterans seeking such care
and services to appropriate providers of such care and services
(including care and services that are available in the
communities in which such veterans reside);
(D) that the telephone system is operated in a manner that
protects the confidentiality of persons who place telephone
calls to the system; and
(E) that the telephone system operates at all times.
(3) The Secretary shall ensure that information about the
availability of the telephone system is visibly posted in Department
medical facilities and is advertised through public service
announcements, pamphlets, and other means.
(4) Not later than 18 months after the date of the enactment of
this Act, the Secretary shall submit to Congress a report on the
operation of the telephone system required under section 1720D(c)(1) of
title 38, United States Code (as so amended). The report shall set
forth the following:
(A) The number of telephone calls placed to the system
during the period covered by the report, with a separate
display of (i) the number of calls placed to the system from
each State (as such term is defined in section 101(20) of title
38, United States Code) during that period, and (ii) the number
of persons who placed more than one call to the system during
that period.
(B) The types of sexual trauma described to personnel
operating the system by persons placing calls to the system.
(C) A description of the difficulties, if any, experienced
by persons placing calls to the system in obtaining care and
services for sexual trauma in the communities in which such
persons live, including care and services available from the
Department and from non-Department agencies and organizations.
(D) A description of the training provided to the personnel
operating the system.
(E) The recommendations and plans of the Secretary for the
improvement of the system.
(4) The Secretary shall commence operation of the telephone system
required under section 1720D(c)(1) of title 38, United States Code (as
so amended), not later than 180 days after the date of the enactment of
this Act.
SEC. 2. REPORT RELATING TO DETERMINATIONS OF SERVICE CONNECTION FOR
SEXUAL TRAUMA.
(a) Report.--The Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing the Secretary's assessment of--
(1) the difficulties that veterans encounter in obtaining
from the Department of Veterans Affairs determinations that
disabilities relating to sexual trauma resulting from events
that occurred during active duty are service-connected
disabilities; and
(2) the extent to which Department personnel fail to make
determinations that such disabilities are service-connected
disabilities.
(b) Recommendations.--The Secretary shall include in the report the
Secretary's recommendations for actions to be taken to respond in a
fair manner to the difficulties described in the report and to
eliminate failures to make determinations that such disabilities are
service-connected disabilities.
(c) Definition.--In this section, the term ``sexual trauma'' means
the immediate and long-term physical or psychological trauma resulting
from rape, sexual assault, aggravated sexual abuse (as such term is
described in section 2241 of title 18, United States Code), sexual
harassment, or other act of sexual violence.
(d) Deadline for Report.--The report required by this section shall
be submitted not later than June 30, 1994.
SEC. 3. COORDINATORS OF WOMEN'S SERVICES.
(a) Requirement of Full-time Service.--Section 108 of the Veterans
Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948; 38 U.S.C.
1710 note) is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Each official who serves in the position of coordinator of
women's services under subsection (a) shall so serve on a full-time
basis.''.
(b) Additional Responsibilities.--Subsection (a) of such section
(as designated by subsection (a) of this section) is further amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Facilitating communication between women veterans
coordinators under the jurisdiction of such regional
coordinator and the Under Secretary for Health and the
Secretary.''.
(c) Support for Women's Services Coordinators.--The Secretary of
Veterans Affairs shall take appropriate actions to ensure that--
(1) sufficient funding is provided to each Department of
Veterans Affairs facility in order to permit the coordinator of
women's services to carry out the responsibilities of the
coordinator at the facility;
(2) sufficient clerical and communications support is
provided to each such coordinator for that purpose; and
(3) each such coordinator has direct access to the Director
or Chief of Staff of the facility to which the coordinator is
assigned.
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