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 ACTIONS DURING PERIOD OF EXPIRED AUTHORITY Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that ac- tion, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title. REPORT TO CONGRESSIONAL COMMITTEES Pub. L. 101–366, title II, § 201(b), Aug. 15, 1990, 104 Stat. 438, as amended by Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–452, title I, § 103(g), Nov. 2, 1994, 108 Stat. 4787, required the Secretary of Veterans Af- fairs, not later than Feb. 1, 1995, to submit to Congress a report setting forth the Secretary’s evaluation, find- ings, and conclusions regarding the conduct, through Sept. 30, 1993, of the pilot program required by this sec- tion and the results of the furnishing of care under the pilot program for the participating veterans. § 1720D. Counseling and treatment for sexual trauma (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 appro- priate, to former members of the Armed Forces who the Secretary determines require such counseling and care and services to treat a con- dition, which in the judgment of a health care professional employed by the Department, re- sulted from a physical assault of a sexual na- ture, battery of a sexual nature, or sexual har- assment which occurred while the former mem- ber of the Armed Forces was serving on duty, re- gardless of duty status or line of duty deter- mination (as that term is used in section 12323 of title 10). (2)(A) In operating the program required by paragraph (1), the Secretary may, in consulta- tion with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the Na- tional 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). (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 pro- vide such counseling pursuant to a contract with a qualified mental health professional if (A) in the judgment of a mental health profes- sional 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 inacces- sibility. (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 Sec- retary 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 coun- seling under subsection (a), the Secretary shall— (A) provide for appropriate training of men- tal health professionals and such other health care personnel as the Secretary determines necessary to carry out the program effec- tively; (B) seek to ensure that such counseling is furnished in a setting that is therapeutically appropriate, taking into account the cir- cumstances that resulted in the need for such counseling; and (C) provide referral services to assist former members of the Armed Forces who are not eli- gible 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 Page 420 TITLE 38—VETERANS’ BENEFITS § 1720D (C) is made available through appropriate public information services; and (3) shall include coordination with the Sec- retary of Defense seeking to ensure that mem- bers of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appro- priate information about programs, require- ments, and procedures for applying for coun- seling 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 in- cludes 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 sec- tion. 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 profes- sionals, graduate medical education trainees, and primary care providers who have been cer- tified under the program required by sub- section (d) and the amount and nature of con- tinuing 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 sub- section (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 (includ- ing members of the National Guard and Re- serves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. (3) The number of graduate medical edu- cation, training, certification, and continuing medical education courses provided by reason of subsection (d). (4) The number of trained full-time equiva- lent employees required in each facility of the Department to meet the needs of individuals requiring treatment and care for sexual trau- ma 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 spec- ified in subparagraphs (A), (B), and (C) of para- graph (2). (6) Such other information as the Secretary considers appropriate. (f) In this section, the term ‘‘sexual harass- ment’’ means unsolicited verbal or physical con- tact 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. (Added Pub. L. 102–585, title I, § 102(a)(1), Nov. 4, 1992, 106 Stat. 4945; amended Pub. L. 103–452, title I, § 101(a)–(d), (f)(1), (2)(A), (g)(1), Nov. 2, 1994, 108 Stat. 4783, 4784; Pub. L. 105–368, title IX, § 902, Nov. 11, 1998, 112 Stat. 3360; Pub. L. 106–117, title I, § 115(a)–(c), Nov. 30, 1999, 113 Stat. 1558; Pub. L. 108–422, title III, § 301, Nov. 30, 2004, 118 Stat. 2382; Pub. L. 111–163, title II, § 202, May 5, 2010, 124 Stat. 1142; Pub. L. 113–146, title IV, §§ 401–402(c), Aug. 7, 2014, 128 Stat. 1789, 1790; Pub. L. 115–91, div. A, title VII, § 707, Dec. 12, 2017, 131 Stat. 1436; Pub. L. 116–283, div. A, title IX, § 926(a)(26), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116–315, title V, §§ 5301, 5303(c), Jan. 5, 2021, 134 Stat. 5037, 5041.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), inserted ‘‘, to include care for physical health conditions, as appropriate,’’ after ‘‘counseling and appropriate care and services’’ and substituted ‘‘former members of the Armed Forces’’ for ‘‘veterans’’, ‘‘treat a condition’’ for ‘‘overcome psychological trau- ma’’, ‘‘health care professional’’ for ‘‘mental health professional’’, ‘‘former member of the Armed Forces’’ for ‘‘veteran’’, and ‘‘duty, regardless of duty status or line of duty determination (as that term is used in sec- tion 12323 of title 10)’’ for ‘‘active duty, active duty for training, or inactive duty training’’. Subsec. (a)(2)(A). Pub. L. 116–315, § 5301(a)(1)(B), (b)(1)(B), substituted ‘‘treat a condition’’ for ‘‘overcome psychological trauma’’ and ‘‘duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)’’ for ‘‘active duty, ac- tive duty for training, or inactive duty training’’. Subsec. (b). Pub. L. 116–315, § 5301(a)(2), (3), sub- stituted ‘‘former member of the Armed Forces’’ for ‘‘veteran’’ in two places in par. (1) and ‘‘former mem- bers of the Armed Forces’’ for ‘‘veterans’’ par. (2)(C). Subsec. (c)(3). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. Subsec. (d)(1), (2)(A). Pub. L. 116–315, § 5301(b)(2), in- serted ‘‘and other health care professionals’’ after ‘‘mental health professionals’’. Subsec. (e)(2)(A). Pub. L. 116–315, § 5301(a)(3), sub- stituted ‘‘former members of the Armed Forces’’ for ‘‘veterans’’. Subsec. (f). Pub. L. 116–315, § 5303(c), struck out ‘‘re- peated,’’ before ‘‘unsolicited’’. Subsec. (g). Pub. L. 116–315, § 5301(a)(4), added subsec. (g). 2017—Subsec. (a)(2)(A). Pub. L. 115–91 struck out ‘‘on active duty’’ before ‘‘to overcome psychological trau- ma’’ and inserted before period at end ‘‘that was suf- fered by the member while serving on active duty, ac- tive duty for training, or inactive duty training’’. 2014—Subsec. (a)(1). Pub. L. 113–146, § 401, substituted ‘‘, active duty for training, or inactive duty training’’ for ‘‘or active duty for training’’. Subsec. (a)(2). Pub. L. 113–146, § 402(a)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 113–146, § 402(a)(1), (3), redesig- nated par. (2) as (3), substituted ‘‘an individual’’ for ‘‘a veteran’’, and substituted ‘‘that individual’’ for ‘‘that veteran’’ in two places. Subsec. (c). Pub. L. 113–146, § 402(b)(1), struck out ‘‘to veterans’’ after ‘‘treatment available’’ in introductory provisions and par. (2). Page 421 TITLE 38—VETERANS’ BENEFITS § 1720D Subsec. (c)(3). Pub. L. 113–146, § 402(b)(2), inserted ‘‘members of the Armed Forces and’’ before ‘‘individ- uals’’. Subsec. (e). Pub. L. 113–146, § 402(c)(1), struck out ‘‘to veterans’’ after ‘‘services provided’’ in introductory provisions. Subsec. (e)(2). Pub. L. 113–146, § 402(c)(2)(A), (B), sub- stituted ‘‘individuals’’ for ‘‘women veterans’’ and ‘‘training under subsection (d), disaggregated by—’’ for ‘‘training under subsection (d).’’ and added subpars. (A) to (C). Subsec. (e)(4). Pub. L. 113–146, § 402(c)(3), substituted ‘‘individuals’’ for ‘‘veterans’’. Subsec. (e)(5). Pub. L. 113–146, § 402(c)(4), substituted ‘‘individuals’’ for ‘‘women veterans’’ and inserted ‘‘, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of para- graph (2)’’ before period at end. 2010—Subsecs. (d) to (f). Pub. L. 111–163 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). 2004—Subsec. (a)(1). Pub. L. 108–422, § 301(a)(1), (b), substituted ‘‘The’’ for ‘‘During the period through De- cember 31, 2004, the’’ and inserted ‘‘or active duty for training’’ before period at end. Subsec. (a)(2). Pub. L. 108–422, § 301(a)(2), struck out ‘‘, during the period through December 31, 2004,’’ after ‘‘the Secretary may’’. 1999—Subsec. (a)(1). Pub. L. 106–117, § 115(a)(1), (b)(1), substituted ‘‘December 31, 2004’’ for ‘‘December 31, 2001’’ and ‘‘shall operate a program under which the Secretary provides counseling and appropriate care and services to veterans who the Secretary determines re- quire such counseling and care and services’’ for ‘‘may provide counseling to a veteran who the Secretary de- termines requires such counseling’’. Subsec. (a)(2), (3). Pub. L. 106–117, § 115(a)(2), (b)(2), re- designated par. (3) as (2), substituted ‘‘December 31, 2004’’ for ‘‘December 31, 2001’’, and struck out former par. (2) which read as follows: ‘‘During the period re- ferred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an in- jury, illness, or other psychological condition that the Secretary determines to be the result of a physical as- sault, battery, or harassment referred to in that para- graph.’’ Subsec. (c). Pub. L. 106–117, § 115(c)(1), inserted ‘‘and treatment’’ after ‘‘counseling’’ in first sentence. Subsec. (c)(2), (3). Pub. L. 106–117, § 115(c), added par. (2), redesignated former par. (2) as (3), and inserted ‘‘and treatment’’ after ‘‘counseling’’. 1998—Subsec. (a)(1), (3). Pub. L. 105–368 substituted ‘‘December 31, 2001’’ for ‘‘December 31, 1998’’. 1994—Pub. L. 103–452, § 101(f)(2)(A), substituted ‘‘and treatment’’ for ‘‘to women veterans’’ in section catch- line. Subsec. (a)(1). Pub. L. 103–452, § 101(b)(1), (f)(1)(A), sub- stituted ‘‘December 31, 1998,’’ for ‘‘December 31, 1995,’’ and struck out ‘‘woman’’ after ‘‘counseling to a’’. Subsec. (a)(2). Pub. L. 103–452, § 101(a), added par. (2) and struck out former par. (2) which read as follows: ‘‘To be eligible to receive counseling under this sub- section, a veteran must seek such counseling from the Secretary within two years after the date of the vet- eran’s discharge or release from active military, naval, or air service.’’ Subsec. (a)(3). Pub. L. 103–452, § 101(b)(2), substituted ‘‘December 31, 1998,’’ for ‘‘December 31, 1994,’’. Subsec. (b). Pub. L. 103–452, § 101(c), redesignated sub- sec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘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 Sec- retary, a longer period of counseling is required.’’ Subsec. (b)(1). Pub. L. 103–452, § 101(d), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The Secretary shall give priority to the estab- lishment and operation of the program to provide coun- seling under subsection (a). In the case of a veteran eli- gible for such counseling who requires other care or services under this chapter for trauma described in sub- section (a)(1), the Secretary shall ensure that the vet- eran is furnished counseling under this section in a way that is coordinated with the furnishing of such other care and services under this chapter.’’ Subsec. (b)(2)(C). Pub. L. 103–452, § 101(f)(1)(B), struck out ‘‘women’’ after ‘‘assist’’. Subsec. (c). Pub. L. 103–452, § 101(f)(1)(B), struck out ‘‘women’’ after ‘‘available to’’ in introductory provi- sions. Pub. L. 103–452, § 101(c)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Subsec. (c)(1). Pub. L. 103–452, § 101(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘may include establishment of an information system involving the use of a toll-free telephone num- ber (commonly referred to as an 800 number), and’’. Subsec. (c)(2). Pub. L. 103–452, § 101(f)(1)(C), sub- stituted ‘‘individuals’’ for ‘‘women’’. Subsecs. (d), (e). Pub. L. 103–452, § 101(c)(2), redesig- nated subsec. (e) as (d). Former subsec. (d) redesignated (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–146, title IV, § 402(d), Aug. 7, 2014, 128 Stat. 1790, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [Aug. 7, 2014].’’ STUDY AND TASK FORCE ON VETERANS EXPERIENCING INTIMATE PARTNER VIOLENCE OR SEXUAL ASSAULT Pub. L. 116–315, title V, § 5305, Jan. 5, 2021, 134 Stat. 5043, provided that: ‘‘(a) NATIONAL BASELINE STUDY.— ‘‘(1) IN GENERAL.—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 base- line study to examine the scope of the problem of in- timate partner violence and sexual assault among veterans and spouses and intimate partners of vet- erans. ‘‘(2) MATTERS INCLUDED.—The study under para- graph (1) shall— ‘‘(A) include a literature review of all relevant re- search on intimate partner violence and sexual as- sault among veterans and spouses and intimate partners of veterans; ‘‘(B) examine the prevalence of the experience of intimate partner violence among— ‘‘(i) women veterans; ‘‘(ii) 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); ‘‘(iii) urban and rural veterans; ‘‘(iv) veterans who are enrolled in a program under section 1720G of title 38, United States Code; ‘‘(v) veterans who are in intimate relationships with other veterans; and ‘‘(vi) veterans who are described in more than one clause of this subparagraph; ‘‘(C) examine the prevalence of the perpetration of intimate partner violence by veterans; and ‘‘(D) include recommendations to address the findings of the study. ‘‘(3) REPORT.—Not later than 30 days after the date on which the Secretary completes the study under paragraph (1), the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report on such study. ‘‘(b) TASK FORCE.— Page 422 TITLE 38—VETERANS’ BENEFITS § 1720D ‘‘(1) IN GENERAL.—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 na- tional 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 ad- dress intimate partner violence and sexual assault among veterans. ‘‘(2) LEADERSHIP.—The Secretary of Veterans Af- fairs shall lead the Task Force in collaboration with the Attorney General and the Secretary of Health and Human Services. ‘‘(c) CONSULTATION WITH STAKEHOLDERS.—In carrying out this section, the Task Force shall consult with— ‘‘(1) representatives from veteran service organiza- tions and military service organizations; ‘‘(2) representatives from not fewer than three na- tional organizations or State coalitions with dem- onstrated expertise in intimate partner violence pre- vention, response, or advocacy; and ‘‘(3) representatives from not fewer than three na- tional organizations or State coalitions, particularly those representing underserved and ethnic minority communities, with demonstrated expertise in sexual assault prevention, response, or advocacy. ‘‘(d) DUTIES.—The duties of the Task Force shall in- clude the following: ‘‘(1) To review existing services and policies of the Department and develop a comprehensive national program to be carried out by the Secretary of Vet- erans Affairs, in collaboration with the heads of rel- evant Federal agencies, to address intimate partner violence and sexual assault prevention, response, and treatment. ‘‘(2) To review the feasibility and advisability of es- tablishing an expedited process to secure emergency, temporary benefits, including housing or other bene- fits, for veterans who are experiencing intimate part- ner violence or sexual assault. ‘‘(3) To review and make recommendations regard- ing the feasibility and advisability of establishing dedicated, temporary housing assistance for veterans experiencing intimate partner violence or sexual as- sault. ‘‘(4) To identify any requirements regarding inti- mate partner violence assistance or sexual assault re- sponse and services that are not being met by the De- partment and make recommendations on how the De- partment can meet such requirements. ‘‘(5) To review and make recommendations regard- ing 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, includ- ing services for Native American veterans. ‘‘(6) To review the availability of counseling serv- ices provided by the Department and through peer network support, and to provide recommendations for the enhancement of such services, to address— ‘‘(A) the perpetration of intimate partner vio- lence and sexual assault; and ‘‘(B) the recovery of veterans, particularly women veterans, from intimate partner violence and sex- ual assault. ‘‘(7) To review and make recommendations to ex- pand services available for veterans at risk of perpe- trating intimate partner violence. ‘‘(e) REPORT.—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 Sec- retary of Veterans Affairs and Congress a report on the activities of the Task Force, including any rec- ommendations for legislative or administrative action. ‘‘(f) NONAPPLICABILITY OF FACA.—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.]. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) NATIVE AMERICAN VETERAN.—The term ‘Native American veteran’ has the meaning given that term in section 3765 of title 38, United States Code. ‘‘(2) STATE.—The term ‘State’ has the meaning given that term in section 101 of title 38, United States Code.’’ INFORMATION ON TELEPHONE COUNSELING AVAILABILITY; PERSONNEL TRAINING; CLIENT CONFIDENTIALITY; PUB- LICITY; REPORT Pub. L. 103–452, title I, § 101(g)(2)–(5), Nov. 2, 1994, 108 Stat. 4785, provided that: ‘‘(2) 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 provi- sion to persons who have experienced sexual trauma of information about the care and services relating to sex- ual trauma that are available to veterans in the com- munities in which such veterans reside, including care and services available under programs of the Depart- ment (including the care and services available under section 1720D of such title) and from non-Department agencies or organizations. ‘‘(3) The telephone assistance service shall be oper- ated in a manner that protects the confidentiality of persons who place calls to the system. ‘‘(4) The Secretary shall ensure that information about the availability of the telephone assistance serv- ice is visibly posted in Department medical facilities and is advertised through public service announce- ments, pamphlets, and other means. ‘‘(5) Not later than 18 months after the date of the en- actment of this Act [Nov. 2, 1994], the Secretary shall submit to Congress a report on the operation of the telephone assistance service required under section 1720D(c)(1) of title 38, United States Code (as amended by paragraph (1)). The report shall set forth the fol- lowing: ‘‘(A) The number of persons who sought informa- tion during the period covered by the report through a toll-free telephone number regarding services avail- able 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). ‘‘(B) A description of the training provided to the personnel who provide such assistance. ‘‘(C) The recommendations and plans of the Sec- retary for the improvement of the service.’’ TRANSITION PERIOD FOR ELIGIBILITY FOR COUNSELING Pub. L. 102–585, title I, § 102(b), Nov. 4, 1992, 106 Stat. 4946, as amended by Pub. L. 103–210, § 2(b), Dec. 20, 1993, 107 Stat. 2497, provided that in the case of a veteran who was discharged or released from active military, naval, or air service before Dec. 31, 1992, the two-year period specified in 38 U.S.C. 1720D(a)(2) was to be treat- ed as ending on Dec. 31, 1994, prior to repeal by Pub. L. 103–452, title I, § 101(h), Nov. 2, 1994, 108 Stat. 4785. COMMENCEMENT OF PROVISION OF INFORMATION ON SERVICES Pub. L. 102–585, title I, § 104, Nov. 4, 1992, 106 Stat. 4946, directed Secretary of Veterans Affairs, not later than 90 days after Nov. 4, 1992, to commence the provi- sion of information on the counseling relating to sexual trauma that is available to women veterans under 38 U.S.C. 1720D. REPORT ON IMPLEMENTATION OF SEXUAL TRAUMA COUNSELING PROGRAM Pub. L. 102–585, title I, § 105, Nov. 4, 1992, 106 Stat. 4946, directed Secretary of Veterans Affairs, not later Page 423 TITLE 38—VETERANS’ BENEFITS § 1720F than Mar. 31, 1994, to submit to Congress a comprehen- sive report on the Secretary’s actions under 38 U.S.C. 1720D. § 1720E. Nasopharyngeal radium irradiation (a) The Secretary may provide any veteran a medical examination, and hospital care, medical services, and nursing home care, which the Sec- retary determines is needed for the treatment of any cancer of the head or neck which the Sec- retary finds may be associated with the vet- eran’s receipt of nasopharyngeal radium irradia- tion treatments in active military, naval, air, or space service. (b) The Secretary shall provide care and serv- ices to a veteran under subsection (a) only on the basis of evidence in the service records of the veteran which document nasopharyngeal ra- dium irradiation treatment in service, except that, notwithstanding the absence of such docu- mentation, the Secretary may provide such care to a veteran who— (1) served as an aviator in the active mili- tary, naval, or air service before the end of the Korean conflict; or (2) underwent submarine training in active naval service before January 1, 1965. (Added Pub. L. 105–368, title IX, § 901(a), Nov. 11, 1998, 112 Stat. 3360; amended Pub. L. 116–283, div. A, title IX, § 926(a)(27), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. § 1720F. Comprehensive program for suicide pre- vention among veterans and members of the reserve components of the Armed Forces (a) ESTABLISHMENT.—The Secretary shall de- velop and carry out a comprehensive program designed to reduce the incidence of suicide among covered individuals incorporating the components described in this section. (b) STAFF EDUCATION.—In carrying out the comprehensive program under this section, the Secretary shall provide for mandatory training for appropriate staff and contractors (including all medical personnel) of the Department who interact with covered individuals. This training shall cover information appropriate to the du- ties being performed by such staff and contrac- tors. The training shall include information on— (1) recognizing risk factors for suicide; (2) proper protocols for responding to crisis situations involving covered individuals who may be at high risk for suicide; and (3) best practices for suicide prevention. (c) HEALTH ASSESSMENTS.—In carrying out the comprehensive program, the Secretary shall di- rect that medical staff offer mental health in their overall health assessment when covered in- dividuals seek medical care at a Department medical facility (including a center established under section 1712A of this title) and make refer- rals, at the request of the individual concerned, to appropriate counseling and treatment pro- grams for covered individuals who show signs or symptoms of mental health problems. (d) DESIGNATION OF SUICIDE PREVENTION COUN- SELORS.—In carrying out the comprehensive pro- gram, the Secretary shall designate a suicide prevention counselor at each Department med- ical facility other than centers established under section 1712A of this title. Each counselor shall work with local emergency rooms, police departments, mental health organizations, and veterans service organizations to engage in out- reach to covered individuals and improve the co- ordination of mental health care to covered in- dividuals. (e) BEST PRACTICES RESEARCH.—In carrying out the comprehensive program, the Secretary shall provide for research on best practices for suicide prevention among covered individuals. Research shall be conducted under this sub- section in consultation with the heads of the fol- lowing entities: (1) The Department of Health and Human Services. (2) The National Institute of Mental Health. (3) The Substance Abuse and Mental Health Services Administration. (4) The Centers for Disease Control and Pre- vention. (f) SEXUAL TRAUMA RESEARCH.—In carrying out the comprehensive program, the Secretary shall provide for research on mental health care for covered individuals who have experienced sexual trauma while in military service. The re- search design shall include consideration of vet- erans or members of a reserve component. (g) 24-HOUR MENTAL HEALTH CARE.—In car- rying out the comprehensive program, the Sec- retary shall provide for mental health care availability to covered individuals on a 24-hour basis. (h) HOTLINE.—In carrying out the comprehen- sive program, the Secretary may provide for a toll-free hotline for covered individuals to be staffed by appropriately trained mental health personnel and available at all times. (i) OUTREACH AND EDUCATION.—In carrying out the comprehensive program, the Secretary shall provide for outreach to and education for cov- ered individuals and the families of covered indi- viduals, with special emphasis on providing in- formation to veterans of Operation Iraqi Free- dom and Operation Enduring Freedom and the families of such veterans. Education to promote mental health shall include information de- signed to— (1) remove the stigma associated with men- tal illness; (2) encourage covered individuals to seek treatment and assistance for mental illness; (3) promote skills for coping with mental ill- ness; and (4) help families of covered individuals with— (A) understanding issues arising from the readjustment of covered individuals to civil- ian life; (B) identifying signs and symptoms of mental illness; and (C) encouraging covered individuals to seek assistance for mental illness. (j) PEER SUPPORT COUNSELING PROGRAM.—(1) In carrying out the comprehensive program, the