38 U.S.C. § 1720D: Counseling and treatment for sexual trauma

The Secretary shall operate a program under which the Secretary provides counseling and appropriate care and services, to include care for physical health conditions, as appropriate, to former members of the Armed Forces who the Secretary determines require such counseling and care and services to treat a condition, which in the judgment of a health care 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 former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10 ). In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) to treat a condition described in that paragraph that was suffered by the member while serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10 ). A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. In furnishing counseling to an individual under this subsection, the Secretary may 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 individual in facilities of the Department would be clinically inadvisable, or (B) Department facilities are not capable of furnishing such counseling to that individual economically because of geographical inaccessibility. The Secretary shall give priority to the establishment and operation of the program to provide counseling and care and services under subsection (a). In the case of a former member of the Armed Forces eligible for counseling and care and services under subsection (a), the Secretary shall ensure that the former member of the Armed Forces is furnished counseling and care and services under this section in a way that is coordinated with the furnishing of such care and services under this chapter. 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; 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 provide referral services to assist former members of the Armed Forces who are not eligible for services under this chapter to obtain those from sources outside the Department. shall include availability of a toll-free telephone number (commonly referred to as an 800 number); is revised and updated as appropriate; is made available and visibly posted at appropriate facilities of the Department; and is made available through appropriate public information services; and shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appropriate information about programs, requirements, and procedures for applying for counseling and treatment under this section. The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health professionals and other health care professionals who provide counseling, care, and services under subsection (a). all mental health professionals and other health care professionals described in such paragraph have been trained in a consistent manner; and training described in such paragraph includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder. The number of mental health professionals, graduate medical education trainees, and primary care providers who have been certified under the program required by subsection (d) and the amount and nature of continuing medical education provided under such program to such professionals, trainees, and providers who are so certified. former members of the Armed Forces; members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and men; and women. The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d). The number of trained full-time equivalent employees required in each facility of the Department to meet the needs of individuals requiring treatment and care for sexual trauma and post-traumatic stress disorder. Such recommendations for improvements in the treatment of individuals with sexual trauma and post-traumatic stress disorder as the Secretary considers appropriate, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2). Such other information as the Secretary considers appropriate. In this section, the term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character. A veteran. An individual described in section 1720I(b) of this title . Not later than one year after the date of the enactment of this Act [ Jan. 5, 2021 ], the Secretary of Veterans Affairs, in consultation with the Attorney General, shall conduct a national baseline study to examine the scope of the problem of intimate partner violence and sexual assault among veterans and spouses and intimate partners of veterans. include a literature review of all relevant research on intimate partner violence and sexual assault among veterans and spouses and intimate partners of veterans; women veterans; veterans who are minority group members (as defined in section 544 of title 38 , United States Code, and including other minority populations as the Secretary determines appropriate); urban and rural veterans; veterans who are enrolled in a program under section 1720G of title 38 , United States Code; veterans who are in intimate relationships with other veterans; and veterans who are described in more than one clause of this subparagraph; examine the prevalence of the perpetration of intimate partner violence by veterans; and include recommendations to address the findings of the study. Not later than 30 days after the date on which the Secretary completes the study under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such study. Not later than 90 days after the date on which the Secretary completes the study under subsection (a), the Secretary, in consultation with the Attorney General and the Secretary of Health and Human Services, shall establish a national task force (in this section referred to as the ‘Task Force’) to develop a comprehensive national program, including by integrating facilities, services, and benefits of the Department of Veterans Affairs into existing networks of community-based intimate partner violence and sexual assault services, to address intimate partner violence and sexual assault among veterans. The Secretary of Veterans Affairs shall lead the Task Force in collaboration with the Attorney General and the Secretary of Health and Human Services. representatives from veteran service organizations and military service organizations; representatives from not fewer than three national organizations or State coalitions with demonstrated expertise in intimate partner violence prevention, response, or advocacy; and representatives from not fewer than three national organizations or State coalitions, particularly those representing underserved and ethnic minority communities, with demonstrated expertise in sexual assault prevention, response, or advocacy. To review existing services and policies of the Department and develop a comprehensive national program to be carried out by the Secretary of Veterans Affairs, in collaboration with the heads of relevant Federal agencies, to address intimate partner violence and sexual assault prevention, response, and treatment. To review the feasibility and advisability of establishing an expedited process to secure emergency, temporary benefits, including housing or other benefits, for veterans who are experiencing intimate partner violence or sexual assault. To review and make recommendations regarding the feasibility and advisability of establishing dedicated, temporary housing assistance for veterans experiencing intimate partner violence or sexual assault. To identify any requirements regarding intimate partner violence assistance or sexual assault response and services that are not being met by the Department and make recommendations on how the Department can meet such requirements. To review and make recommendations regarding the feasibility and advisability of providing direct services or contracting for community-based services for veterans in response to a sexual assault, including through the use of sexual assault nurse examiners, particularly in underserved or remote areas, including services for Native American veterans. the perpetration of intimate partner violence and sexual assault; and the recovery of veterans, particularly women veterans, from intimate partner violence and sexual assault. To review and make recommendations to expand services available for veterans at risk of perpetrating intimate partner violence. Not later than one year after the date of the enactment of this Act [ Jan. 5, 2021 ], and not less frequently than annually thereafter by October 1 of each year, the Task Force shall submit to the Secretary of Veterans Affairs and Congress a report on the activities of the Task Force, including any recommendations for legislative or administrative action. The Task Force shall not be subject to the requirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.]. The term ‘Native American veteran’ has the meaning given that term in section 3765 of title 38 , United States Code. The term ‘State’ has the meaning given that term in section 101 of title 38 , United States Code.” In providing information on counseling available to veterans as required under section 1720D(c)(1) of title 38 , United States Code (as amended by paragraph (1)), the Secretary of Veterans Affairs shall ensure that the Department of Veterans Affairs personnel who provide assistance under such section are trained in the provision to persons who have experienced sexual trauma of information about the care and services relating to sexual trauma that are available to veterans in the communities in which such veterans reside, including care and services available under programs of the Department (including the care and services available under section 1720D of such title) and from non-Department agencies or organizations. The telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place calls to the system. The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in Department medical facilities and is advertised through public service announcements, pamphlets, and other means. The number of persons who sought information during the period covered by the report through a toll-free telephone number regarding services available to veterans relating to sexual trauma, with a separate display of the number of such persons arrayed by State (as such term is defined in section 101(20) of title 38 , United States Code). A description of the training provided to the personnel who provide such assistance. The recommendations and plans of the Secretary for the improvement of the service.”