I
104TH CONGRESS
1ST SESSION
H. R. 1429
To amend title 38, United States Code, to provide for the organization
and administration of the Readjustment Counseling Service of the De-
partment of Veterans Affairs, to improve eligibility for veterans’ readjust-
ment counseling and related counseling, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mr. EVANS (for himself, Mr. GUTIERREZ, Mr. KENNEDY of Massachusetts,
Mr. WILLIAMS, and Mr. DOYLE) introduced the following bill; which was
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 of the Department of Veterans Af-
fairs, to improve eligibility for veterans’ readjustment
counseling and related counseling, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans’ Readjust-
ment Counseling Service Amendments of 1995’’.
SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSEL-
ING SERVICE IN THE DEPARTMENT OF VET-
ERANS AFFAIRS.
(a) IN GENERAL.—Section 7305 of title 38, United
States Code, is amended—
(1) by redesignating paragraph (7) as para-
graph (8); and
(2) by inserting after paragraph (6) the follow-
ing new paragraph (7):
‘‘(7) A Readjustment Counseling Service.’’.
(b) ORGANIZATION.—The Readjustment Counseling
Service of the Department of Veterans Affairs shall have
the organizational structure and administrative structure
of that service as such structures were in existence on Jan-
uary 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 Commit-
tees on Veterans’ Affairs of the Senate and House
of Representatives a report containing a full and
complete statement of the proposed alteration or re-
vision; and
(B) a period of 60 days has elapsed after the
date on which the report is received by the commit-
tees.
(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 SERV-
ICE.—Each budget submitted to Congress by the Presi-
dent 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 sepa-
rately the amount requested for administrative oversight
of the activities of the service (including the amount re-
quested for funding of the Advisory Committee on Read-
justment 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 para-
graph (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 quali-
fied psychiatrist, (ii) is a qualified psychologist hold-
ing a diploma as a doctorate in clinical or counseling
psychology from an authority approved by the Amer-
ican Psychological Association and has successfully
undergone an internship approved by that associa-
tion, (iii) is a qualified holder of a master in social
work degree, (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, or (v) holds any other
advanced mental-health related degree approved by
the Secretary, and (B) has at least three years of
clinical experience and two 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 Veter-
ans Affairs through the Associate Deputy Under Secretary
for Health for Clinical Programs.
SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT
COUNSELING AND CERTAIN RELATED COUN-
SELING 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), the Secretary shall furnish coun-
seling to the veteran to assist the veteran in readjusting
to civilian life.
‘‘(B) A veteran referred to in subparagraph (A) 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 deter-
mined 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)) occurred in such
area.
‘‘(C) Upon the request of any veteran other than a
veteran referred to in subparagraph (A), the Secretary
may furnish counseling to the veteran to assist the veteran
in readjusting to civilian life.
‘‘(D) For the purposes of subparagraph (A), the term
‘hostilities’ means an armed conflict in which the members
of the Armed Forces are subjected to danger comparable
to the danger or stress 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 Sec-
retary in consultation with the Secretary of Defense.
‘‘(2) The counseling referred to in paragraph (1)
shall include a general mental and psychological assess-
ment of a covered veteran to ascertain whether such vet-
eran 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 oper-
ations (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)) occurred in such area.
‘‘(2) The Secretary may provide the counseling serv-
ices 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 aggra-
vated 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 ap-
pears 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:
‘‘§ 1712C. Advisory Committee on the Readjustment
of Veterans
‘‘(a)(1) There is in the Department the Advisory
Committee on the Readjustment of Veterans (hereinafter
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 vet-
erans who—
‘‘(A) have demonstrated significant civic or pro-
fessional achievement; and
‘‘(B) have experience with, or knowledge of, 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, per-
sons from veterans service organizations, and women.
‘‘(4) The Secretary shall determine the terms of serv-
ice and pay and allowances of the members of the Commit-
tee, except that a term of service may not exceed two
years. The Secretary may reappoint any member for addi-
tional terms of service.
‘‘(b)(1) The Secretary shall, on a regular basis, con-
sult with and seek the advice of the Committee with re-
spect to the provision by the Department of benefits and
services to veterans in order to assist veterans in the read-
justment 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 ef-
fectiveness 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 ap-
propriate 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 veter-
ans 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 rec-
ommendations for administrative and legislative ac-
tion) 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 Sec-
retary such other reports and recommendations as the
Committee considers appropriate.
‘‘(4) The Secretary shall submit with each annual re-
port 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 pre-
vious annual report of the Secretary submitted pursuant
to that section.
‘‘(d)(1) Except as provided in paragraph (2), the pro-
visions 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 sub-
section (a)(2) of section 1712C of title 38, United States
Code (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 commit-
tee recognized under such section.
(2) The original members shall so serve until the Sec-
retary 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 RE-
SOURCE CENTER PILOT PROGRAM.
(a) REQUIREMENT.—(1) The Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Af-
fairs 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 plan shall be submitted not later than four
months after the date of the enactment of this Act.
(b) DEFINITION.—For the purposes of 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 OUT-
PATIENT CLINICS.
(a) REQUIREMENT.—(1) The Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Af-
fairs 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 clin-
ics) of the Department of Veterans Affairs as current
leases for such centers and clinics expire.
(2) The report shall be submitted not later than six
months after the date of the enactment of this Act.
(b) COVERED MATTERS.—The report under this sec-
tion shall include an assessment of the following:
(1) The results of any collocation of Vet Cen-
ters and outpatient clinics carried out by the Sec-
retary before the date of the enactment of this Act,
including the effects of such collocation on the qual-
ity of care provided at such centers and clinics.
(2) The effect of such collocation on the capac-
ity of such centers to carry out their primary mis-
sion.
(3) The extent to which such collocation will
impair the operational independence or administra-
tive 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 colloca-
tion.
(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 deter-
mines 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 coun-
seling centers. The Secretary shall carry out the pilot pro-
gram in accordance with this section.
(b) SERVICES.—(1) In carrying out the pilot pro-
gram, the Secretary shall provide the services referred to
in paragraph (2) at not less than 10 readjustment counsel-
ing 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 person-
nel as the Secretary considers appropriate at each read-
justment 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 pro-
vide 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 vet-
erans of a variety of economic, social, and ethnic back-
grounds.
(c) PERIOD OF OPERATION.—(1) The Secretary shall
commence the provision of health-related services at read-
justment counseling centers under the pilot program not
later than four months after the date of the enactment
of this Act.
(2) The pilot program shall terminate two years after
the date on which the Secretary commences the provision
of services under paragraph (1).
(d) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary shall sub-
mit to Congress a report on the pilot program established
under this section. The report shall include the following:
(1) A description of the program, including in-
formation on—
(A) the number of veterans provided basic
ambulatory services and health care screening
services under the pilot program;
(B) 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
(C) the cost to the Department of Veterans
Affairs of the pilot program.
(2) An analysis of the effectiveness of the serv-
ices provided to veterans under the pilot program.
(3) The recommendations of the Secretary for
means of improving the pilot program, and an esti-
mate of the cost to the Department of implementing
such recommendations.
(4) An assessment of the desirability of expand-
ing 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 na-
tional health care reform.
(5) 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.
(6) An assessment of the effect of the location
of the centers on the effectiveness for the Depart-
ment and for veterans of the services provided under
the pilot program.
(7) Such other information as the Secretary
considers appropriate.
(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 vet-
eran 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 meaning given the term ‘‘center’’ in section
1712A(i)(1) of such title.
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HR 1429 IH——2