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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 542 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 542

To require the Department of Veterans Affairs to provide mental health 
services in languages other than English, as needed, for veterans with 
          limited English proficiency, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2007

  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 with 
          limited English proficiency, 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 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 with limited English proficiency, 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 Veterans With Limited English 
Proficiency.--For purposes of this section, the Secretary shall develop 
procedures for identifying veterans with limited English proficiency 
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) Effective Date.--Section 1713 of title 38, United States Code, 
as added by subsection (a) 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 document issued 
by the Attorney General in conjunction with Executive Order 13166, 
issued August 11, 2000, 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 Servicemembers With Limited 
English Proficiency.--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>
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