Pub. L. 102-585, tit. I, sec. 102

SEXUAL TRAUMA COUNSELING.

EnactedYear: 1992Length: 666 wordsOfficial source
SEC. 102. SEXUAL TRAUMA COUNSELING. (a) In General.— (1) Chapter 17 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: “§ 1720D. Counseling to women veterans for sexual trauma “(a) (1) During the period through December 31, 1995, the Secretary may provide counseling to a woman veteran who the Secretary determines requires such counseling to overcome psycho logical trauma, which in the judgment of a mental health professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty. “(2) To be elligible to receive counseling under this subsection, a veteran must seek such counseling from the Secretary within two years after the date of the veteran’s discharge or release from active military, naval, or air service. “(3) In furnishing counseling to a veteran under this subsection, the Secretary may, during the period through December 31, 1994, provide such counseling pursuant to a contract with a qualified mental health professional if (A) in the judgment of a mental health professional employed by the Department, the receipt of counseling by that veteran in facilities of the Department would be clinically inadvisable, or (B) Department facilities are not capable of furnishing such counseling to that veteran economically because of geographical inaccessibility. “(b) In providing services to a veteran under subsection (a), the period for which counseling is provided may not exceed one year from the date of the commencement of the furnishing of such counseling to the veteran. However, the Secretary may authorize a longer period in any case if, in the judgment of the Secretary, a longer period of counseling is required. “(c) (1) The Secretary shall give priority to the establishment and operation of the program to provide counseling under subsection (a). In the case of a veteran eligible for such counseling who requires other care or services under this chapter for trauma described in subsection (a)(1), the Secretary shall ensure that the veteran is furnished counseling under this section in a way that is coordinated with the furnishing of such other care and services under this chapter. “(2) In establishing a program to provide counseling under subsection (a), the Secretary shall— “(A) provide for appropriate training of mental health professionals and such other health care personnel as the Secretary determines necessary to carry out the program effectively; “(B) seek to ensure that such counseling is furnished in a setting that is therapeutically appropriate, taking into account the circumstances that resulted in the need for such counseling; and “(C) provide referral services to assist women veterans who are not eligible for services under this chapter to obtain those from sources outside the Department. “(d) The Secretary shall provide information on the counseling available to women veterans under this section. Efforts by the formation. Secretary to provide such information— 106 STAT. 4946 “(1) may include establishment of an information system involving the use of a toll-free telephone number (commonly referred to as an 800 number), and “(2) shall include coordination with the Secretary of Defense seeking to ensure that women who are being separated from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for counseling under this section. “(e) In this section, the term ‘sexual harassment’ means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”. (2) The table of sections at the beginning of chapter 17 is amended by inserting after the item relating to section 1720C the following new item: “1720D. Counselling to women veterans for sexual trauma.”. (b) Transition Provision.— In the case of a veteran who was discharged or released from active military, naval, or air service before December 31, 1991, the two-year period specified in section 1720D(a)(2) of title 38, United States Code, as added by subsection (a), shall be treated as ending on December 31,1993.