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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Referred in House (RFH)]

103d CONGRESS
  2d Session
                                S. 1226

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 1994

             Referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
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 1994''.

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 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 Readjustment of Veterans).

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) Status of Director.--Section 7306(a)(3) of such title is 
amended by striking out ``eight'' and inserting in lieu thereof 
``nine''.
    (c) Organizational Requirement.--The Director of the Readjustment 
Counseling Service shall report to the Under Secretary for Health of 
the Department of Veterans Affairs 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 (a) of section 1712A 
of title 38, United States Code, is amended to read as follows:
    ``(a)(1)(A) Upon the request of any veteran referred to in 
subparagraph (B) of this paragraph, the Secretary shall furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(B) A veteran referred to in subparagraph (A) of this paragraph 
is any veteran who--
            ``(i) served on active duty during the Vietnam era; or
            ``(ii) served on active military, naval, or air service in 
        a theater of combat operations (as determined by the Secretary, 
        in consultation with the Secretary of Defense) during a period 
        of war or in any other area during a period in which 
        hostilities (as defined in subparagraph (D) of this paragraph) 
        occurred in such area.
    ``(C) Upon the request of any veteran other than a veteran referred 
to in subparagraph (A) of this paragraph, the Secretary may furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(D) For the purposes of subparagraph (A) of this paragraph, 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.
    ``(2) The counseling referred to in paragraph (1) shall include a 
general mental and psychological assessment of a covered veteran 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)(1) The Secretary shall 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 is 
killed during service on active military, naval, or air service in a 
theater of combat operations (as determined by the Secretary, in 
consultation with the Secretary of Defense) during a period of war or 
in any other area during a period in which hostilities (as defined in 
subsection (a)(1)(D) of this section) occurred in such area.
    ``(2) The Secretary may provide the counseling services referred to 
in paragraph (1) 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.
    ``(3) The Secretary may provide to the parents, spouse, and 
children of any member of the Armed Forces who (as determined by the 
Secretary) is a prisoner of war, or is missing in action, such 
counseling as the Secretary determines appropriate to assist such 
persons with the mental or psychological problems associated with the 
status of such member as a prisoner of war or as missing in action, as 
the case may be.''.
    (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. 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 the Readjustment of Veterans
    ``(a)(1) There is in the Department the Advisory Committee on the 
Readjustment of Veterans (hereafter in this section referred to as the 
`Committee').
    ``(2) The Committee shall consist of not more than 18 members 
appointed by the Secretary from among veterans who--
            ``(A) have demonstrated significant civic or professional 
        achievement; and
            ``(B) 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 service in the 
        Armed Forces;
            ``(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 veterans in 
        the future.
    ``(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 the Readjustment of Veterans.''.
    (b) Original Members.--(1) Notwithstanding subsection (a)(2) of 
section 1712C 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. 6. 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, and an assessment of the cost of, 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. 7. REPORT ON COLLOCATION OF VET CENTERS AND DEPARTMENT OF VETERANS 
              AFFAIRS OUTPATIENT CLINICS.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report on the feasibility and desirability of the 
collocation of Vet Centers and outpatient clinics (including rural 
mobile clinics) of the Department of Veterans Affairs as current leases 
for such centers and clinics expire.
    (2) The Secretary shall submit the report not later than 6 months 
after the date of the enactment of this Act.
    (b) Covered Matters.--The report under this section shall include 
an assessment of the following:
            (1) The results of any collocation of Vet Centers and 
        outpatient clinics carried out by the Secretary before the date 
        of the enactment of this Act, including the effects of such 
        collocation on the quality of care provided at such centers and 
        clinics.
            (2) The effect of such collocation on the capacity of such 
        centers to carry out their primary mission.
            (3) The extent to which such collocation will impair the 
        operational independence or administrative integrity of such 
        centers.
            (4) The feasibility of combining the services provided by 
        such centers and clinics in the course of the collocation of 
        such centers and clinics.
            (5) The advisability of the collocation of centers and 
        clinics of significantly different size.
            (6) The effect of the locations (including urban and rural 
        locations) of the centers and clinics on the feasibility and 
        desirability of such collocation.
            (7) The amount of any costs savings to be achieved by 
        Department as a result of such collocation.
            (8) The desirability of such collocation in light of plans 
        for the provision of health care services by the Department 
        under national health care reform.
            (9) Any other matters that the Secretary determines 
        appropriate.

SEC. 8. VET CENTER HEALTH CARE PILOT PROGRAM.

    (a) In General.--The Secretary of Veterans Affairs 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) Services.--(1) In carrying out the pilot program, the Secretary 
shall provide the services referred to in paragraph (2) at not less 
than 10 readjustment counseling centers in existence on the date of the 
enactment of this Act.
    (2) The Secretary shall provide basic ambulatory services and 
health care screening services by such personnel as the Secretary 
considers appropriate at each readjustment counseling center under the 
pilot program. The Secretary shall assign not less than one-half of a 
full-time employee equivalent at each such center in order to provide 
such services under the pilot program.
    (3) In determining the location of the readjustment counseling 
centers at which to provide 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) Period of Operation.--(1) The Secretary shall commence the 
provision of health-related services at readjustment counseling centers 
under the pilot program not later than 4 months after the date of the 
enactment of this Act.
    (2) The pilot program shall terminate 2 years after the date on 
which the Secretary commences the provision of services under paragraph 
(1).
    (d) Report.--(1) The Secretary shall submit to Congress a report on 
the pilot program established under this section. The report shall 
include the following:
            (A) A description of the program, including information 
        on--
                    (i) the number of veterans provided basic 
                ambulatory services and health care screening services 
                under the pilot program;
                    (ii) the number of such veterans referred to 
                Department of Veterans Affairs general health-care 
                facilities in order to provide such services to such 
                veterans; and
                    (iii) the cost to the Department of Veterans 
                Affairs of the pilot program.
            (B) An analysis of the effectiveness of the services 
        provided to veterans under the pilot program.
            (C) The recommendations of the Secretary for means of 
        improving the pilot program, and an estimate of the cost to the 
        Department of implementing such recommendations.
            (D) An assessment of the desirability of expanding the type 
        or nature of services provided under the pilot program in light 
        of plans for the provision of health care services by the 
        Department under national health care reform.
            (E) An assessment of the extent to which the provision of 
        services under the pilot program impairs the operational or 
        administrative independence of the readjustment counseling 
        centers at which such services are provided.
            (F) An assessment of the effect of the location of the 
        centers on the effectiveness for the Department and for 
        veterans of the services provided under the pilot program.
            (G) Such other information as the Secretary considers 
        appropriate.
    (2) The Secretary shall submit the report not later than 18 months 
after the date of the enactment of this Act.
    (e) Definitions.--For the purposes of this section:
            (1) The term ``Department of Veterans Affairs general 
        health-care facility'' has the meaning given such term in 
        section 1712A(i)(2) of title 38, United States Code.
            (2) The term ``eligible veteran'' means any veteran 
        eligible for outpatient services under paragraph (1), (2), or 
        (3) of section 1712(a) of such title.
            (3) The term ``readjustment counseling center'' has the 
        same meaning given the term ``center'' in section 1712A(i)(1) 
        of such title.

            Passed the Senate March 24 (legislative day, February 22), 
      1994.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

S 1226 RFH
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