Federal · Title 38 — Veterans’ Benefits

38 U.S.C. § 6303: Outreach services

Civil

What this law says, in plain English

The Secretary must provide outreach services to veterans and dependents, including notification of benefits, multilingual assistance where needed, and aid in preparing benefit claims.

Read the full statutory text
In carrying out the purposes of this subchapter, the Secretary shall provide the outreach services specified in subsections (b) through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, such services shall, to the maximum feasible extent, be provided in the principal language of such persons. The Secretary shall by letter advise each veteran at the time of the veteran’s discharge or release from active military, naval, air, or space service (or as soon as possible after such discharge or release) of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this subsection, the Secretary shall ensure, through the use of veteran-student services under section 3485 of this title , that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release. shall distribute full information to eligible veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the Secretary; and may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Secretary determines would be beneficial to veterans. Whenever a veteran or dependent first applies for any benefit under laws administered by the Secretary (including a request for burial or related benefits or an application for life insurance proceeds), the Secretary shall provide to the veteran or dependent information concerning benefits and health care services under programs administered by the Secretary. Such information shall be provided not later than three months after the date of such application. The Secretary shall provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents with respect to subsections (b) and (c) and in the preparation and presentation of claims under laws administered by the Department. In carrying out this section, the Secretary shall assign such employees as the Secretary considers appropriate to conduct outreach programs and provide outreach services for homeless veterans. Such outreach services may include site visits through which homeless veterans can be identified and provided assistance in obtaining benefits and services that may be available to them. to spread awareness and understanding of the Program; to spread awareness and understanding of veteran eligibility for the Program, including the eligibility of veterans who were discharged from service in the Armed Forces under conditions other than honorable; and to improve the identification of justice-involved veterans; and may be conducted in person, virtually, or through other means, including by the dissemination of informational materials and contact information. an assessment of barriers to working with justice-involved veterans in rural, remote, and underserved areas, including potential steps to address such barriers; and a workforce gap analysis for the Program. the hiring of additional Veterans Justice Outreach specialists; the reallocation of existing Veterans Justice Outreach specialists; or such other means as may be determined appropriate by the Secretary. such number and locations needed to achieve the mission and strategic goals of the Veterans Justice Outreach Program; any gaps in the workforce of the Program, including such gaps identified pursuant to subsection (b)(2); and strategies to address such gaps. In carrying out paragraph (1), the Secretary shall consider the use of virtual technology. the Veterans Justice Outreach Program; Veterans Justice Outreach Specialists; and providing support for research regarding justice-involved veterans. qualitative and quantitative milestones, measures, and metrics, and associated timelines for completion of the plans under paragraph (1) and barriers to such completion; an identification of relevant staff; and an estimate of resource needs and sources. The Secretary shall establish a process to regularly collect and analyze performance data to assess the efficiency and effectiveness of implementing the plans under paragraph (1). best practices for identifying and conducting outreach to justice-involved veterans and relevant stakeholders in the criminal justice community; and veteran eligibility for the Veterans Justice Outreach Program, including with respect to consistently communicating changes regarding eligibility (including through the use of a script or other reference materials). strategies to increase Veterans Justice Outreach specialists responsible for supporting justice-involved veterans in rural, remote, or underserved areas; and the progress of the Secretary in addressing gaps in the workforce of the Veterans Justice Outreach Program identified pursuant to paragraph (2) of such subsection. The performance goals and implementation plans established under subsection (d)(1). Not later than three years after the date on which the first report is submitted under paragraph (1), the Secretary shall submit to Congress a report on the progress of the Secretary in meeting the performance goals and carrying out activities under the implementation plans established under subsection (d)(1). the availability and efficacy of veterans treatment courts in meeting the needs of justice-involved veterans; best practices for Department of Veterans Affairs staff and justice-involved veterans in working with veterans treatment courts; and the ability of justice-involved veterans to access veterans treatment courts, including any barriers that exist to increasing such access. The term ‘justice-involved veteran’ means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. The term ‘Veterans Justice Outreach Program’ means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. The term ‘Veterans Justice Outreach Specialist’ means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran. The term ‘veterans treatment court’ means a State or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(i)(1) ) [now 34 U.S.C. 10651(i)(1) ]).” English; Spanish; Tagalog; and each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). The Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department. What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act [enacting this note and provisions set out as a note under section 101 of this title ]. How such fact sheets are utilized and distributed other than on and through the website of the Department. How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.” The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of assisting former members of the Armed Forces who have experienced or are experiencing intimate partner violence or sexual assault in accessing benefits from the Department of Veterans Affairs, including coordinating access to medical treatment centers, housing assistance, and other benefits from the Department. The Secretary shall carry out the pilot program under subsection (a) during the two-year period beginning on the date of the commencement of the pilot program. intimate partner violence shelters and programs; rape crisis centers; State intimate partner violence and sexual assault coalitions; and such other health care or other service providers that serve intimate partner violence or sexual assault victims as determined by the Secretary, particularly those providing emergency services or housing assistance. identifying former members of the Armed Forces who have been victims of, or are currently experiencing, intimate partner violence or sexual assault; coordinating with local service providers of the Department; and connecting former members of the Armed Forces with appropriate housing, mental health, medical, and other financial assistance or benefits from the Department. Assistance to service providers to ensure access of veterans to intimate partner violence and sexual assault emergency services, particularly in underserved areas, including services for Native American veterans (as defined in section 3765 of title 38 , United States Code). Such other outreach and assistance as the Secretary determines necessary for the provision of assistance under subsection (a). In order to effectively assist veterans who have experienced intimate partner violence or sexual assault, the Secretary may establish local coordinators to provide outreach under the pilot program required by subsection (a). the dynamics of intimate partner violence and sexual assault, including safety concerns, legal protections, and the need for the provision of confidential services; the eligibility of veterans for services and benefits from the Department that are relevant to recovery from intimate partner violence and sexual assault, particularly emergency housing assistance, mental health care, other health care, and disability benefits; and local community resources addressing intimate partner violence and sexual assault. Each coordinator established under paragraph (1) shall assist intimate partner violence shelters and rape crisis centers in providing services to veterans. Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to Congress a report on the pilot program. The findings and conclusions of the Secretary with respect to the pilot program. Such recommendations for continuing or expanding the pilot program as the Secretary considers appropriate. The term ‘intimate partner’ means a person with whom one has a close personal relationship that may be characterized by the partners’ emotional connectedness, regular contact, ongoing physical contact and sexual behavior, identity as a couple, and familiarity and knowledge about each other’s lives. A relationship between married spouses. A relationship between common-law spouses. A relationship between civil union spouses. A relationship between domestic partners. A relationship between dating partners. A relationship between ongoing sexual partners. The term ‘intimate partner violence’ includes physical violence, sexual violence, stalking, and psychological aggression, including coercive tactics by a current or former intimate partner.” to encourage members of the Armed Forces who are transitioning from service in the Armed Forces to civilian life, before separating from such service, to designate up to 10 persons to whom information regarding the assistance and benefits available to the veterans under laws administered by the Secretary shall be disseminated using the contact information obtained under paragraph (7); and provides such persons, within 30 days after the date on which such persons are designated under subparagraph (A), the option to elect to receive such information. The Secretary shall carry out the pilot program during a period beginning on the date of the commencement of the pilot program that is not less than two years. The Secretary shall disseminate information described in paragraph (1)(A) under the pilot program no less than quarterly. Services and benefits offered to veterans and their family members by the Department of Veterans Affairs. Challenges and stresses that might accompany transitioning from service in the Armed Forces to civilian life. Services available to veterans and their family members to cope with the experiences and challenges of service in the Armed Forces and transition from such service to civilian life. Services available through community partner organizations to support veterans and their family members. Services available through Federal, State, and local government agencies to support veterans and their family members. The environmental health registry program, health and wellness programs, and resources for preventing and managing diseases and illnesses. A toll-free telephone number through which such persons who elect to receive information under the pilot program may request information regarding the program. Such other matters as the Secretary, in consultation with members of the Armed Forces and such persons who elect to receive information under the pilot program, determines to be appropriate. section 552a of title 5 , United States Code; and the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) [see Tables for classification]. ensure that such veteran is notified of the ability to modify designations made by such veteran under paragraph (1)(A); and upon the request of a veteran, authorize such veteran to modify such designations at any time. In making a designation under the pilot program, a veteran shall provide necessary contact information, specifically including an email address, to facilitate the dissemination of information regarding the assistance and benefits available to the veteran under laws administered by the Secretary. A veteran may participate in the pilot program only if the veteran voluntarily elects to participate in the program. A veteran seeking to make such an election shall make such election in a manner, and by including such information, as the Secretary shall specify for purposes of the pilot program. A person designated pursuant to paragraph (1)(A) may receive information under the pilot program only if the person makes the election described in paragraph (1)(B). In carrying out the pilot program, the Secretary shall, with respect to a person who has elected to receive information under such pilot program, cease disseminating such information to that person upon request of such person. Not later than one year after the date of the commencement of the pilot program and not less frequently than once each year thereafter for the duration of the pilot program, the Secretary shall administer a survey to persons who ever elected to receive information under the pilot program for the purpose of receiving feedback regarding the quality of information disseminated under this section. The nature of information disseminated under the pilot program. Satisfaction with the pilot program. The utility of the pilot program. Overall pilot program successes and challenges. Recommendations for improving the pilot program. Reasons for opting in or out of the pilot program. Such other feedback or matters as the Secretary considers appropriate. Not later than three years after the date on which the pilot program commences, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a final report on the pilot program. The results of the survey administered under paragraph (1). The number of participants enrolled in the pilot program who are veterans. The number of persons designated under subsection (a)(1)(A). The number of such persons who opted in or out of the pilot program under subsection (a)(8). The average period such persons remained in the pilot program. An assessment of the feasibility and advisability of making the pilot program permanent. Identification of legislative or administrative action that may be necessary if the pilot program is made permanent. A plan to expand the pilot program if the pilot program is made permanent. If the Secretary finds under clause (vi) that making the pilot program permanent is not feasible or advisable, a justification for such finding.” The Secretary of Veterans Affairs shall survey the internet websites and information resources of the Department of Veterans Affairs in effect on the day before the date of the enactment of this Act [ Oct. 17, 2020 ] and publish an internet website that serves as a centralized source for the provision to women veterans of information about the benefits and services available to them under laws administered by the Secretary. the name and contact information of each women’s health coordinator; a list of appropriate staff for other benefits available from the Veterans Benefits Administration, the National Cemetery Administration, and such other entities as the Secretary considers appropriate; and such other information as the Secretary considers appropriate. The Secretary shall ensure that the information described in subsection (b) that is published on the internet website required by subsection (a) is updated not less frequently than once every 90 days. In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38 , United States Code, includes information regarding the internet website required by subsection (a). Amounts used by the Secretary to carry out this section shall be derived from amounts made available to the Secretary to publish internet websites of the Department.” “This Act may be cited as the ‘Veterans Treatment Court Improvement Act of 2018’. Not later than 1 year after the date of the enactment of this Act [ Sept. 17, 2018 ], the Secretary of Veterans Affairs shall hire not fewer than 50 Veterans Justice Outreach Specialists and place each such Veterans Justice Outreach Specialist at an eligible Department of Veterans Affairs medical center in accordance with this section. serves, either exclusively or in addition to other duties, as part of a justice team in a veterans treatment court or other veteran-focused court; and otherwise meets Department hiring guidelines for Veterans Justice Outreach Specialists. complies with all Department guidelines and regulations for placement of a Veterans Justice Outreach Specialist; works within a local criminal justice system with justice-involved veterans; maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts; and routinely provides Veterans Justice Outreach Specialists to serve as part of a justice team in a veterans treatment court or other veteran-focused court; or establishes a plan that is approved by the Secretary to provide Veterans Justice Outreach Specialists employed under subsection (a)(1) to serve as part of a justice team in a veterans treatment court or other veteran-focused court. was established on or after the date of the enactment of this Act; or was established before the date of the enactment of this Act; and is not fully staffed with Veterans Justice Outreach Specialists. Not later than 1 year after the date of the enactment of this Act [ Sept. 17, 2018 ], the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this section and its effect on the Veterans Justice Outreach Program. The status of the efforts of the Secretary to hire Veterans Justice Outreach Specialists pursuant to subsection (a)(1), including the total number of Veterans Justice Outreach Specialists hired by the Secretary pursuant to such subsection and the number that the Secretary expects to hire pursuant to such subsection. The total number of Veterans Justice Outreach Specialists assigned to each Department of Veterans Affairs medical center that participates in the Veterans Justice Outreach Program, including the number of Veterans Justice Outreach Specialists hired under subsection (a)(1) disaggregated by Department of Veterans Affairs medical center. The total number of eligible Department of Veterans Affairs medical centers that sought placement of a Veterans Justice Outreach Specialist under subsection (a)(1), how many Veterans Justice Outreach Specialists each such center sought, and how many of such medical centers received no placement of a Veterans Justice Outreach Specialist under subsection (a)(1). the number of justice-involved veterans who were served or are expected to be served by a Veterans Justice Outreach Specialist hired under subsection (a)(1); and the number of justice-involved veterans who do not have access to a Veterans Justice Outreach Specialist. Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of this section and the effectiveness of the Veterans Justice Outreach Program. An assessment of whether the Secretary has fulfilled the Secretary’s obligations under this section. The number of veterans who are served by Veterans Justice Outreach Specialists hired under subsection (a)(1), disaggregated by demographics (including discharge status). An identification of any subgroups of veterans who underutilize services provided under laws administered by the Secretary, including an assessment of whether these veterans have access to Veterans Justice Outreach Specialists under the Veterans Justice Outreach Program. Such recommendations as the Comptroller General may have for the Secretary to improve the effectiveness of the Veterans Justice Outreach Program. The term ‘justice team’ means the group of individuals, which may include a judge, court coordinator, prosecutor, public defender, treatment provider, probation or other law enforcement officer, program mentor, and Veterans Justice Outreach Specialist, who assist justice-involved veterans in a veterans treatment court or other veteran-focused court. The term ‘justice-involved veteran’ means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. The term ‘local criminal justice system’ means law enforcement, jails, prisons, and Federal, State, and local courts. The term ‘Veterans Justice Outreach Program’ means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. The term ‘Veterans Justice Outreach Specialist’ means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran. The term ‘veterans treatment court’ means a State or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(i)(1) ) [now 34 U.S.C. 10651(i)(1) ]).” The Secretary of Veterans Affairs shall conduct an extensive outreach program to identify and provide information to veterans who served in the theater of operations for Operation Iraqi Freedom or Operation Enduring Freedom and who reside in rural communities in order to enroll those veterans in the health-care system of the Department of Veterans Affairs during the period when they are eligible for such enrollment. In carrying out the program under subsection (a), the Secretary shall seek to work at the local level with employers, State agencies, community health centers located in rural areas, rural health clinics, and critical access hospitals located in rural areas, and units of the National Guard and other reserve components based in rural areas, in order to increase the awareness of veterans and their families of the availability of health care provided by the Secretary and the means by which those veterans can achieve access to the health-care services provided by the Department of Veterans Affairs.” For the purpose of assisting individuals receiving education benefits from the Department of Veterans Affairs, the Secretary of Veterans Affairs shall prepare, and update periodically, a document containing a detailed description of the benefits, limitations, procedures, requirements, and other important aspects of the education programs administered by the Department. to each individual applying for benefits under an education program administered by the Department of Veterans Affairs and to each such individual at least annually in the years thereafter in which the individual receives such benefits; to education and training institution officials on at least an annual basis; and upon request, to other individuals significantly affected by education programs administered by the Secretary, including military education personnel. The Secretary shall use funds appropriated to the readjustment benefits account of the Department to carry out this section.” the health risks (if any) resulting from exposure during that service to dioxin or any other toxic agent in herbicides used in support of United States and allied military operations in the Republic of Vietnam during the Vietnam era; and services and benefits available to such veterans with respect to such health risks. The Secretary of Veterans Affairs shall annually furnish updated information on health risks described in paragraph (1)(A) to veterans referred to in paragraph (1). The Secretary of Veterans Affairs shall take reasonable actions to organize and update the information contained in the Department of Veterans Affairs Agent Orange Registry in a manner that enables the Secretary promptly to notify a veteran of any increased health risk for such veteran resulting from exposure of such veteran to dioxin or any other toxic agent referred to in subsection (a) during Vietnam-era service in the Republic of Vietnam whenever the Secretary determines, on the basis of physical examination or other pertinent information, that such veteran is subject to such an increased health risk.”

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