MARCH 15 (legislative day, FEBRUARY 22), 1994.-Ordered to be printed Mr. ROCKEFELLER, from the Committee on Veterans' Affairs, submitted the following REPORT [To accompany S. 1226] The Committee on Veterans' Affairs, to which was referred the bill (S. 1226) to amend title 38, United States Code, to provide for the organization and administration of the Readjustment Counseling Service, to improve eligibility for readjustment counseling and related counseling, and for other purposes, having considered the same, reports favorably thereon with an amendment in the nature of a committee substitute, and recommends that the bill, as amended, do pass. COMMITTEE AMENDMENTS The amendments are as follows: Strike out all after the enacting clause as follows: [SECTION 1. SHORT TITLE. [This Act may be cited as the "Readjustment Counseling Service Amendments of 1993". [SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. [(a) IN GENERAL.-Section 7305 of title 38, United States Code, is amended [(1) by redesignating paragraph (7) as paragraph (8); and [(2) by inserting after paragraph (6) the following new paragraph (7): ["(7) A Readjustment Counseling Service.". [(b) ORGANIZATION.-The Readjustment Counseling Service shall have the organizational structure and administrative structure of that service as such structures were in existence on January 1, 1993. [(c) REVISION OF ORGANIZATIONAL STRUCTURE.—(1) The Secretary of Veterans Affairs may not alter or revise the organizational structure or the administrative structure of the Readjustment Counseling Service until [(A) the Secretary has submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a full and complete statement of the proposed alteration or revision; and [(B) a period of 60 days has elapsed after the date on which the report is received by the committees. [(2) In the computation of the 60-day period under paragraph (1)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain. [(d) BUDGET INFORMATION RELATING TO THE SERVICE.-Each budget submitted to the Congress by the President under section 1105 of title 31, United States Code, shall set forth the amount requested in the budget for the operation of the Readjustment Counseling Service in the fiscal year covered by the budget and shall set forth separately the amount requested for administrative oversight of the activities of the service (including the amount requested for funding of the Advisory Committee on Veteran Readjustment Counseling). [SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE. [(a) DIRECTOR.-Section 7306(b) of title 38, United States Code, is amended[(1) by striking out "and" at the end of paragraph (2); [(2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and [(3) by adding at the end the following: ["(4) one shall be a person who (A)(i) is a qualified psychiatrist, (ii) is a qualified psychologist holding a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and has successfully undergone an internship approved by that association, (iii) is a qualified holder of a master in social work degree, or (iv) is a registered nurse holding a master of science in nursing degree in psychiatric nursing or any other mental-health related degree approved by the Secretary, and (B) has at least 3 years of clinical experience and 2 years of administrative experience in the Readjustment Counseling Service or other comparable mental health care counseling service (as determined by the Secretary), who shall be the director of the Readjustment Counseling Service.". [(b) ORGANIZATIONAL REQUIREMENT.-The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health through the Associate Deputy Under Secretary for Health for Clinical Programs. [SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND CERTAIN RELATED COUNSELING SERVICES. [(a) READJUSTMENT COUNSELING. (1) Subsection (c) of section 1712A of title 38, United States Code, is amended to read as follows: ["(a) Upon the request of any veteran, the Secretary shall, within the limits of Department facilities, furnish counseling to such veteran to assist such veteran in readjusting to civilian life. Such counseling shall include a general mental and psychological assessment to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.”. [(2) Subsection (c) of such section is repealed. [(b) OTHER COUNSELING. Such section is further amended by inserting after subsection (b) the following new subsection (c): ["(c) The Secretary may provide the counseling services described in section 1701(6)(B)(ii) of this title to the surviving parents, spouse, and children of any member of the Armed Forces who dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated by such service.". [(c) AUTHORITY TO CONTRACT FOR COUNSELING SERVICES.-Subsection (e) of such section is amended by striking out "subsections (a) and (b)" each place it appears and inserting in lieu thereof “subsections (a), (b), and (c)”. [SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT COUNSELING SERVICE. [(a) IN GENERAL.-Notwithstanding any other provision of law, the records of the identity, diagnosis, prognosis, or treatment of any patient or subject of the Readjustment Counseling Service of the Department of Veterans Affairs, or of any patient or subject provided readjustment counseling services under a contract with the Department, may be disclosed only as follows: [(1) By written consent of the patient or subject, only for the purpose for which such consent is granted. [(2) To medical personnel to the extent necessary to meet a bona fide medical emergency. |