article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Readjustment Counseling Service Amendments of 1993''. 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 the 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 Veteran Readjustment Counseling). 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) Organizational Requirement.--The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health 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) Upon the request of any veteran, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment 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) The Secretary may 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 dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated 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 appears and inserting in lieu thereof ``subsections (a), (b), and (c)''. SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT COUNSELING SERVICE. (a) In General.--Notwithstanding any other provision of law, the records of the identity, diagnosis, prognosis, or treatment of any patient or subject of the Readjustment Counseling Service of the Department of Veterans Affairs, or of any patient or subject provided readjustment counseling services under a contract with the Department, may be disclosed only as follows: (1) By written consent of the patient or subject, only for the purpose for which such consent is granted. (2) To medical personnel to the extent necessary to meet a bona fide medical emergency. (3) To personnel of the Department other than personnel of the service, if such disclosure is determined by an appropriate member of the service to be necessary to avert an imminent danger to the patient or subject, or to another person. (4) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor (with such cause to be determined according to the elements set forth in section 7332(b)(2)(D) of title 38, United States Code). (b) Fines.--Any person who violates a provision of subsection (a) shall be fined in accordance with subsections (f) and (g) of section 7332 of title 38, United States Code. SEC. 6. 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 Veteran Readjustment Counseling ``(a)(1) There is in the Department the Advisory Committee on Veteran Readjustment Counseling (hereinafter in this section referred to as the `Committee'). ``(2) The Committee shall consist of 18 members-- ``(A) the members of the Committee shall be appointed by the Secretary and shall include individuals who are recognized authorities in fields pertinent to the social, psychological, economic, or educational readjustment of veterans. An officer or employee of the United States may not be appointed as a member of the Committee under this paragraph; ``(B) at least 12 of whom are veterans of the Vietnam era or other period of war; and ``(C) who 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, minorities, 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 two 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 military service; ``(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 future veterans. ``(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 Veteran Readjustment Counseling.''. (b) Original Members.--(1) Notwithstanding subsection (a)(2) of section 1712C(a)(2) 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. 7. 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 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. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM. (a) Program.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1720E. Veteran center health-care pilot program ``(a) The Secretary 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)(1) In carrying out the pilot program, the Secretary shall-- ``(A) identify not less than 12 or more than 15 readjustment counseling centers at which to provide health- related services under the pilot program; and ``(B) provide such services to eligible veterans at such centers in accordance with paragraph (2). ``(2)(A) The Secretary shall provide health-related services under the pilot program as follows: ``(i) At five or more readjustment counseling centers identified under paragraph (1)(A), by providing not less than 20 hours per week of basic ambulatory services and health-care screening through qualified personnel. ``(ii) At five or more such centers, by providing not less than 40 hours per week of full-range ambulatory services through qualified personnel. ``(iii) At two or more such centers, by providing not less than 120 hours per week of physician services through qualified personnel. ``(B) In determining the location of the readjustment counseling centers at which to provide health-related 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)(1) The Secretary shall commence the provision of health- related services at readjustment counseling centers under this section not later than six months after the date of the enactment of the Readjustment Counseling Service Amendments of 1993. ``(2) The pilot program shall terminate two years after the date on which the Secretary commences the provision of services under paragraph (1). ``(d) For the purposes of this section-- ``(1) the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title; ``(2) the term `eligible veteran' means any veteran eligible for outpatient services under paragraph (1), (2), or (3) of section 1712(a) of this title; and ``(3) the term `readjustment counseling center' has the same meaning given the term `center' in section 1712A(i)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following: ``1720E. Veteran center health-care pilot program.''. (b) Report.--(1) The Secretary of Veterans Affairs shall submit to Congress a report on the veteran center health-care pilot program established under section 1720E of title 38, United States Code (as added by subsection (a)). The report shall include the following: (A) A description of the program, including information on-- (i) the number of veterans provided health-related services under the program; (ii) the number of such veterans referred to Department of Veterans Affairs general health-care facilities in order to provide health care services to such veterans; and (iii) the cost to the Department of the program. (B) An analysis of the effectiveness of the health-related services provided to veterans under the program. (C) The recommendations of the Secretary for means of improving the program, and an estimate of the cost to the Department of implementing such recommendations. (D) Such other information as the Secretary considers appropriate. (2) The Secretary shall submit the report not later than three months after the termination of the pilot program. HR 3096 IH----2
summary: Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran (currently, only veterans discharged or released from active duty but not otherwise eligible for such counseling), to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.