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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 38, Chapter 17, § 1720D; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a)** (1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)). (2) (A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)). (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. (3) 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. **(b)** (1) 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. (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 former members of the Armed Forces who are not eligible for services under this chapter to obtain those from sources outside the Department. **(c)** The Secretary shall provide information on the counseling and treatment available under this section. Efforts by the Secretary to provide such information— (1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); (2) shall ensure that information about the counseling and treatment available under this section— (A) is revised and updated as appropriate; (B) is made available and visibly posted at appropriate facilities of the Department; and (C) is made available through appropriate public information services; and (3) 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. **(d)** (1) 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). (2) In carrying out the program required by paragraph (1), the Secretary shall ensure that— (A) all mental health professionals and other health care professionals described in such paragraph have been trained in a consistent manner; and (B) training described in such paragraph includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder. **(e)** Each year, the Secretary shall submit to Congress an annual report on the counseling, care, and services provided pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: (1) 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. (2) The number of individuals who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d), disaggregated by— (A) former members of the Armed Forces; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. (3) The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d). (4) 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. (5) 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). (6) Such other information as the Secretary considers appropriate. **(f)** In this section, the term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character. **(g)** In this section, the term “former member of the Armed Forces” includes the following: (1) A veteran. (2) An individual described in [section 1720I(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720I/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 544 — Advisory Committee on Minority Veterans

**(a)** (1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as “the Committee”). (2) (A) The Committee shall consist of members appointed by the Secretary from the general public, including— (i) representatives of veterans who are minority group members; (ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members; (iii) veterans who are minority group members and who have experience in a military theater of operations; (iv) veterans who are minority group members and who do not have such experience; and (v) women veterans who are minority group members and are recently separated from service in the Armed Forces. (B) The Committee shall include, as ex officio members, the following: (i) The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment). (ii) The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense). (iii) The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior). (iv) The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce). (v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services). (vi) The Under Secretary for Health and the Under Secretary for Benefits, or their designees. (C) The Secretary may invite representative

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 544

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3765 — Definitions

For the purposes of this subchapter— (1) The term “trust land” means any land that— (A) is held in trust by the United States for Native Americans; (B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands); (C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1606(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/a&num=0&edition=prelim)); (D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary; (E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or (F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans. (2) The term “Native American veteran” means any veteran who is a Native American. (3) The term “Native American” means— (A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b/d&num=0&edition=prelim)); 11 See References in Text note below. (B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 67–34; 42 Stat. 108); (C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim)); and (D) a Pacific I

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3765

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12323 — Active duty pending line of duty determination required for response to sexual assault

**(a) Continuation on Active Duty.—** In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection. **(b) Return to Active Duty.—** In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination. **(c) Regulations.—** The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that— (1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and (2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12323

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 419 TITLE 38—VETERANS’ BENEFITS § 1720D Subsec. (f). Pub. L. 118–210, § 121, added subsec. (f). 1997—Pub. L. 105–114, § 206(b)(2), struck out ‘‘: pilot program’’ after ‘‘home care’’ in section catchline. Subsec. (a). Pub. L. 105–114, § 206(a), substituted ‘‘The Secretary may furnish’’ for ‘‘During the period through December 31, 1997, the Secretary may conduct a pilot program for the furnishing of’’. Subsec. (b)(1). Pub. L. 105–114, § 206(b)(1), substituted ‘‘Under the program’’ for ‘‘Under the pilot program’’. Subsec. (d). Pub. L. 105–114, § 206(b)(1), substituted ‘‘under the program’’ for ‘‘under the pilot program’’. 1996—Subsec. (a). Pub. L. 104–110 substituted ‘‘Decem- ber 31, 1997’’ for ‘‘September 30, 1995’’ in introductory provisions. 1994—Subsec. (a). Pub. L. 103–452, in introductory pro- visions, substituted ‘‘During the period through Sep- tember 30, 1995,’’ for ‘‘During the four-year period be- ginning on October 1, 1990,’’ and ‘‘care. The Secretary shall give priority for participation in such program to veterans who’’ for ‘‘care and who’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 620C of this title as this section. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1710’’ for ‘‘610’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT Pub. L. 118–210, title I, § 120(b), Jan. 2, 2025, 138 Stat. 2724, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to fiscal years beginning on or after the date of the enactment of this Act [Jan. 2, 2025].’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–452, title I, § 103(c)(1), Nov. 2, 1994, 108 Stat. 4786, provided that the amendment made by that section is effective Oct. 1, 1994. RATIFICATION OF ACTI

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1720D

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