§ 1720D. Counseling and treatment for sexual trauma

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Women Veterans Health Programs Act of 1992

   Pub. L. 102–585 title I § 102(a)(1) · 106 Stat. 4943

   Enacted · 38 U.S.C. § 1720D

   Added Pub. L. 102–585, title I, § 102(a)(1), Nov. 4, 1992, 106 Stat. 4945

   Source evidence

   Code source credit
   Added Pub. L. 102–585, title I, § 102(a)(1), Nov. 4, 1992, 106 Stat. 4945

   Enacted provision · exact public law section
   (1) Chapter 17 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: “§ 1720D. Counseling to women veterans for sexual trauma “(a) (1) During the period through December 31, 1995, the Secretary may provide counseling to a woman veteran who the Secretary determines requires such counseling to overcome psycho logical trauma, which in the judgment of a mental health 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 veteran was serving on active duty. “(2) To be elligible to receive counseling under this subsection, a veteran must seek such counseling from the Secretary within two years after the date of the veteran’s discharge or release from active military, naval, or air service. “(3) In furnishing counseling to a veteran under this subsection, the Secretary may, during the period through December 31, 1994, 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 veteran in facilities of the Department would be clinically inadvisable, or (B) Department facilities are not capable of furnishing such counseling to that veteran economically because of geographical inaccessibility. “(b) 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 Secretary, a longer period of counseling is required. “(c) (1) The Secretary shall give priority to the establishment and operation of the program to provide counseling under subsection (a). In the case of a veteran eligible for such counseling who requires other care or services under this chapter for trauma described in subsection (a)(1), the Secretary shall ensure that the veteran is furnished counseling under this section in a way that is coordinated with the furnishing of such other 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 women veterans who are not eligible for services under this chapter to obtain those from sources outside the Department. “(d) The Secretary shall provide information on the counseling Public information. available to women veterans under this section. Efforts by the formation. Secretary to provide such information— “(1) may include establishment of an information system involving the use of a toll-free telephone number (commonly referred to as an 800 number), and “(2) shall include coordination with the Secretary of Defense seeking to ensure that women who are being separated from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for counseling under this section. “(e) In this section, the term ‘sexual harassment’ means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”.

2. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(f)(2)(A) · 108 Stat. 4783

   Substituted · 38 U.S.C. § 1720D

   Pub. L. 103–452, § 101(f)(2)(A), substituted “and treatment” for “to women veterans” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–452, § 101(f)(2)(A), substituted “and treatment” for “to women veterans” in section catchline.

   Enacted provision · exact public law section
   (A) The heading of such section is amended to read as follows: “§1720D. Counseling and treatment for sexual trauma”.

3. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(b)(1) · 108 Stat. 4783

   1. Substituted · 38 U.S.C. § 1720D(a)(1)

      Pub. L. 103–452, § 101(b)(1), (f)(1)(A), substituted “December 31, 1998,” for “December 31, 1995,”

   2. Struck · 38 U.S.C. § 1720D(a)(1)

      Pub. L. 103–452, § 101(b)(1), (f)(1)(A), struck out “woman” after “counseling to a”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–452, § 101(b)(1), (f)(1)(A), substituted “December 31, 1998,” for “December 31, 1995,” and struck out “woman” after “counseling to a”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “December 31, 1995,” and inserting in lieu thereof “December 31, 1998,”; and

4. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(a) · 108 Stat. 4783

   1. Added · 38 U.S.C. § 1720D(a)(2)

      Pub. L. 103–452, § 101(a), added par. (2)

   2. Struck · 38 U.S.C. § 1720D(a)(2)

      Pub. L. 103–452, § 101(a), struck out former par. (2) which read as follows: “To be eligible to receive counseling under this subsection, a veteran must seek such counseling from the Secretary within two years after the date of the veteran’s discharge or release from active military, naval, or air service.”

   Source evidence

   Code amendment note
   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 subsection, a veteran must seek such counseling from the Secretary within two years after the date of the veteran’s discharge or release from active military, naval, or air service.”

   Enacted provision · exact public law section
   (a) Authority To Provide Treatment Services for Sexual Trauma; Repeal of Limitation on Time To Seek Services.— Subsection (a) of section 1720D is amended— 38 USC 1720D. (1) by striking out paragraph (2); and (2) by inserting after paragraph (1) the following new paragraph (2): “(2) During the period referred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an injury, illness, or other psychological condition that the Secretary determines to be the result of a physical assault, battery, or harassment referred to in that paragraph.”.

5. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(b)(2) · 108 Stat. 4783

   Substituted · 38 U.S.C. § 1720D(a)(3)

   Pub. L. 103–452, § 101(b)(2), substituted “December 31, 1998,” for “December 31, 1994,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 103–452, § 101(b)(2), substituted “December 31, 1998,” for “December 31, 1994,”.

   Enacted provision · exact public law section
   (2) in paragraph (3), by striking out “December 31, 1994,” and inserting in lieu thereof “December 31, 1998,”.

6. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(c) · 108 Stat. 4783

   1. Redesignated · 38 U.S.C. § 1720D(b)

      Pub. L. 103–452, § 101(c), redesignated subsec. (c) as (b)

   2. Struck · 38 U.S.C. § 1720D(b)

      Pub. L. 103–452, § 101(c), 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 Secretary, a longer period of counseling is required.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–452, § 101(c), redesignated subsec. (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 Secretary, a longer period of counseling is required.”

   Enacted provision · exact public law section
   (c) Repeal of Limitation on Period of Receipt of Services.— Such section is further amended— (1) by striking out subsection (b); and (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.

7. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(d) · 108 Stat. 4783

   Amended · 38 U.S.C. § 1720D(b)(1)

   Pub. L. 103–452, § 101(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall give priority to the establishment and operation of the program to provide counseling under subsection (a). In the case of a veteran eligible for such counseling who requires other care or services under this chapter for trauma described in subsection (a)(1), the Secretary shall ensure that the veteran is furnished counseling under this section in a way that is coordinated with the furnishing of such other care and services under this chapter.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–452, § 101(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall give priority to the establishment and operation of the program to provide counseling under subsection (a). In the case of a veteran eligible for such counseling who requires other care or services under this chapter for trauma described in subsection (a)(1), the Secretary shall ensure that the veteran is furnished counseling under this section in a way that is coordinated with the furnishing of such other care and services under this chapter.”

   Enacted provision · exact public law section
   (d) Coordination of Care.— Paragraph (1) of subsection (b) of such section, as redesignated by subsection (c)(2), is amended to read as follows: “(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 veteran eligible for counseling and care and services under subsection (a), the Secretary shall ensure that the veteran 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.”.

8. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(f)(1)(B) · 108 Stat. 4783

   Struck · 38 U.S.C. § 1720D(b)(2)(C)

   Pub. L. 103–452, § 101(f)(1)(B), struck out “women” after “assist”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 103–452, § 101(f)(1)(B), struck out “women” after “assist”.

   Enacted provision · exact public law section
   (B) by striking out “women” in subsection (b)(2)(C) and in the first sentence of subsection (c), as redesignated by subsection (c); and

9. 1994

   Veterans Health Programs Extension Act of 1994

   Pub. L. 103–452 § 101(f)(1)(B) · 108 Stat. 4783

   Struck · 38 U.S.C. § 1720D(c)

   Pub. L. 103–452, § 101(f)(1)(B), struck out “women” after “available to” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–452, § 101(f)(1)(B), struck out “women” after “available to” in introductory provisions.

   Enacted provision · exact public law section
   (B) by striking out “women” in subsection (b)(2)(C) and in the first sentence of subsection (c), as redesignated by subsection (c); and

10. 1994

    Veterans Health Programs Extension Act of 1994

    Pub. L. 103–452 § 101(c)(2) · 108 Stat. 4783

    Redesignated · 38 U.S.C. § 1720D(c)

    Pub. L. 103–452, § 101(c)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–452, § 101(c)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.

11. 1994

    Veterans Health Programs Extension Act of 1994

    Pub. L. 103–452 § 101(g)(1) · 108 Stat. 4783

    Amended · 38 U.S.C. § 1720D(c)(1)

    Pub. L. 103–452, § 101(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “may include establishment of an information system involving the use of a toll-free telephone number (commonly referred to as an 800 number), and”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 103–452, § 101(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “may include establishment of an information system involving the use of a toll-free telephone number (commonly referred to as an 800 number), and”.

    Enacted provision · exact public law section
    (1) Paragraph (1) of section 1720D(c), as redesignated by subsection (c) of this section, is amended to read as follows: “(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); and”.

12. 1994

    Veterans Health Programs Extension Act of 1994

    Pub. L. 103–452 § 101(f)(1)(C) · 108 Stat. 4783

    Substituted · 38 U.S.C. § 1720D(c)(2)

    Pub. L. 103–452, § 101(f)(1)(C), substituted “individuals” for “women”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 103–452, § 101(f)(1)(C), substituted “individuals” for “women”.

    Enacted provision · exact public law section
    (C) by striking out “women” in subsection (c)(2), as so redesignated, and inserting in lieu thereof “individuals”.

13. 1994

    Veterans Health Programs Extension Act of 1994

    Pub. L. 103–452 § 101(c)(2) · 108 Stat. 4783

    Redesignated · 38 U.S.C. § 1720D(d); 38 U.S.C. § 1720D(e)

    Pub. L. 103–452, § 101(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 103–452, § 101(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively.

14. 1998

    Pub. L. 105–368 title IX § 902 · 112 Stat. 3315

    Substituted · 38 U.S.C. § 1720D(a)(1); 38 U.S.C. § 1720D(a)(3)

    Pub. L. 105–368 substituted “December 31, 2001” for “December 31, 1998”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (3). Pub. L. 105–368 substituted “December 31, 2001” for “December 31, 1998”.

    Enacted provision · exact public law section
    SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT VETERANS FOR SEXUAL TRAUMA. Section 1720D(a) is amended by striking “December 31, 1998” in paragraphs (1) and (3) and inserting “December 31, 2001”.

15. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 115(a)(1) · 113 Stat. 1545

    1. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 106–117, § 115(a)(1), (b)(1), substituted “December 31, 2004” for “December 31, 2001”

    2. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 106–117, § 115(a)(1), (b)(1), substituted “shall operate a program under which the Secretary provides counseling and appropriate care and services to veterans who the Secretary determines require such counseling and care and services” for “may provide counseling to a veteran who the Secretary determines requires such counseling”

    Source evidence

    Code amendment note
    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 require such counseling and care and services” for “may provide counseling to a veteran who the Secretary determines requires such counseling”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “December 31, 2001” and inserting “December 31, 2004”; and

16. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 115(a)(2) · 113 Stat. 1545

    1. Redesignated · 38 U.S.C. § 1720D(a)(2); 38 U.S.C. § 1720D(a)(3)

       Pub. L. 106–117, § 115(a)(2), (b)(2), redesignated par. (3) as (2)

    2. Substituted · 38 U.S.C. § 1720D(a)(2); 38 U.S.C. § 1720D(a)(3)

       Pub. L. 106–117, § 115(a)(2), (b)(2), substituted “December 31, 2004” for “December 31, 2001”

    3. Struck · 38 U.S.C. § 1720D(a)(2); 38 U.S.C. § 1720D(a)(3)

       Pub. L. 106–117, § 115(a)(2), (b)(2), struck out former par. (2) which read as follows: “During the period referred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an injury, illness, or other psychological condition that the Secretary determines to be the result of a physical assault, battery, or harassment referred to in that paragraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(2), (3). Pub. L. 106–117, § 115(a)(2), (b)(2), redesignated 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 referred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an injury, illness, or other psychological condition that the Secretary determines to be the result of a physical assault, battery, or harassment referred to in that paragraph.”

    Enacted provision · exact public law section
    (2) in paragraph (3), by striking “December 31, 2001” and inserting “December 31, 2004”.

17. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 115(c)(1) · 113 Stat. 1545

    Inserted · 38 U.S.C. § 1720D(c)

    Pub. L. 106–117, § 115(c)(1), inserted “and treatment” after “counseling” in first sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–117, § 115(c)(1), inserted “and treatment” after “counseling” in first sentence.

    Enacted provision · exact public law section
    (1) by inserting “and treatment” in the first sentence and in paragraph (2) after “counseling”;

18. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 115(c) · 113 Stat. 1545

    1. Added · 38 U.S.C. § 1720D(c)(2); 38 U.S.C. § 1720D(c)(3)

       Pub. L. 106–117, § 115(c), added par. (2)

    2. Redesignated · 38 U.S.C. § 1720D(c)(2); 38 U.S.C. § 1720D(c)(3)

       Pub. L. 106–117, § 115(c), redesignated former par. (2) as (3)

    3. Inserted · 38 U.S.C. § 1720D(c)(2); 38 U.S.C. § 1720D(c)(3)

       Pub. L. 106–117, § 115(c), inserted “and treatment” after “counseling”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (c) Outreach Efforts.— Subsection (c) of such section is amended— (1) by inserting “and treatment” in the first sentence and in paragraph (2) after “counseling”; (2) by striking “and” at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): “(2) shall ensure that information about the counseling and treatment available to veterans 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”.

19. 2004

    Veterans Health Programs Improvement Act of 2004

    Pub. L. 108–422 § 301(a)(1) · 118 Stat. 2379

    1. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 108–422, § 301(a)(1), (b), substituted “The” for “During the period through December 31, 2004, the”

    2. Inserted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 108–422, § 301(a)(1), (b), inserted “or active duty for training” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–422, § 301(a)(1), (b), substituted “The” for “During the period through December 31, 2004, the” and inserted “or active duty for training” before period at end.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “During the period through December 31, 2004, the” and inserting “The”; and

20. 2004

    Veterans Health Programs Improvement Act of 2004

    Pub. L. 108–422 § 301(a)(2) · 118 Stat. 2379

    Struck · 38 U.S.C. § 1720D(a)(2)

    Pub. L. 108–422, § 301(a)(2), struck out “, during the period through December 31, 2004,” after “the Secretary may”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–422, § 301(a)(2), struck out “, during the period through December 31, 2004,” after “the Secretary may”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “, during the period through December 31, 2004,”.

21. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 title II § 202 · 124 Stat. 1130

    1. Added · 38 U.S.C. § 1720D(d)(f)

       Pub. L. 111–163 added subsecs. (d) and (e)

    2. Redesignated · 38 U.S.C. § 1720D(d)(f)

       Pub. L. 111–163 redesignated former subsec. (d) as (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 111–163 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

    Enacted provision · exact public law section
    SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS OF THE DEPARTMENT OF VETERANS AFFAIRS ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA AND POST-TRAUMATIC STRESS DISORDER.   Section 1720D is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: “(d) (1) The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health 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 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) Deadline. Reports. Each year, the Secretary shall submit to Congress an annual report on the counseling, care, and services provided to veterans 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 women veterans who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d). “(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 veterans requiring treatment and care for sexual trauma and post-traumatic stress disorder. “(5) Such recommendations for improvements in the treatment of women veterans with sexual trauma and post-traumatic stress disorder as the Secretary considers appropriate. “(6) Such other information as the Secretary considers appropriate.” .

22. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 401 · 128 Stat. 1754

    Substituted · 38 U.S.C. § 1720D(a)(1)

    Pub. L. 113–146, § 401, substituted “, active duty for training, or inactive duty training” for “or active duty for training”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–146, § 401, substituted “, active duty for training, or inactive duty training” for “or active duty for training”.

    Enacted provision · exact public law section
    SEC. 401. EXPANSION OF ELIGIBILITY FOR SEXUAL TRAUMA COUNSELING AND TREATMENT TO VETERANS ON INACTIVE DUTY TRAINING.   Section 1720D(a)(1) of title 38, United States Code, is amended by striking “or active duty for training” and inserting “, active duty for training, or inactive duty training”.

    Effective date note
    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].”

23. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(a)(2) · 128 Stat. 1754

    Redesignated · 38 U.S.C. § 1720D(a)(2)

    Pub. L. 113–146, § 402(a)(2), added par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 113–146, § 402(a)(2), added par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (2) by inserting after paragraph (1) the following new paragraph (2): “(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) on active duty to overcome psychological trauma described in that paragraph. “(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.” ; and

    Effective date note
    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].”

24. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(a)(1) · 128 Stat. 1754

    1. Redesignated · 38 U.S.C. § 1720D(a)(3)

       Pub. L. 113–146, § 402(a)(1), (3), redesignated par. (2) as (3)

    2. Substituted · 38 U.S.C. § 1720D(a)(3)

       Pub. L. 113–146, § 402(a)(1), (3), substituted “an individual” for “a veteran”

    3. Substituted · 38 U.S.C. § 1720D(a)(3)

       Pub. L. 113–146, § 402(a)(1), (3), substituted “that individual” for “that veteran” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 113–146, § 402(a)(1), (3), redesignated par. (2) as (3), substituted “an individual” for “a veteran”, and substituted “that individual” for “that veteran” in two places.

    Enacted provision · exact public law section
    (1) by redesignating paragraph (2) as paragraph (3);

    Effective date note
    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].”

25. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(b)(1) · 128 Stat. 1754

    Struck · 38 U.S.C. § 1720D(c)

    Pub. L. 113–146, § 402(b)(1), struck out “to veterans” after “treatment available” in introductory provisions and par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–146, § 402(b)(1), struck out “to veterans” after “treatment available” in introductory provisions and par. (2).

    Enacted provision · exact public law section
    (1) by striking “to veterans” each place it appears; and

    Effective date note
    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].”

26. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(b)(2) · 128 Stat. 1754

    Inserted · 38 U.S.C. § 1720D(c)(3)

    Pub. L. 113–146, § 402(b)(2), inserted “members of the Armed Forces and” before “individuals”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 113–146, § 402(b)(2), inserted “members of the Armed Forces and” before “individuals”.

    Enacted provision · exact public law section
    (2) in paragraph (3), by inserting “members of the Armed Forces and” before “individuals”.

    Effective date note
    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].”

27. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(c)(1) · 128 Stat. 1754

    Struck · 38 U.S.C. § 1720D(e)

    Pub. L. 113–146, § 402(c)(1), struck out “to veterans” after “services provided” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–146, § 402(c)(1), struck out “to veterans” after “services provided” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “to veterans”;

    Effective date note
    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].”

28. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(c)(2)(A) · 128 Stat. 1754

    1. Substituted · 38 U.S.C. § 1720D(e)(2)

       Pub. L. 113–146, § 402(c)(2)(A), (B), substituted “individuals” for “women veterans”

    2. Substituted · 38 U.S.C. § 1720D(e)(2)

       Pub. L. 113–146, § 402(c)(2)(A), (B), substituted “training under subsection (d), disaggregated by—” for “training under subsection (d).”

    3. Added · 38 U.S.C. § 1720D(e)(2)

       Pub. L. 113–146, § 402(c)(2)(A), (B), added subpars. (A) to (C)

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 113–146, § 402(c)(2)(A), (B), substituted “individuals” for “women veterans” and “training under subsection (d), disaggregated by—” for “training under subsection (d).” and added subpars. (A) to (C).

    Enacted provision · exact public law section
    (A) by striking “women veterans” and inserting “individuals”; and

    Effective date note
    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].”

29. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(c)(3) · 128 Stat. 1754

    Substituted · 38 U.S.C. § 1720D(e)(4)

    Pub. L. 113–146, § 402(c)(3), substituted “individuals” for “veterans”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 113–146, § 402(c)(3), substituted “individuals” for “veterans”.

    Enacted provision · exact public law section
    (3) in paragraph (4), by striking “veterans” and inserting “individuals”; and

    Effective date note
    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].”

30. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 § 402(c)(4) · 128 Stat. 1754

    1. Substituted · 38 U.S.C. § 1720D(e)(5)

       Pub. L. 113–146, § 402(c)(4), substituted “individuals” for “women veterans”

    2. Inserted · 38 U.S.C. § 1720D(e)(5)

       Pub. L. 113–146, § 402(c)(4), inserted “, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2)” before period at end

    Source evidence

    Code amendment note
    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 paragraph (2)” before period at end.

    Enacted provision · exact public law section
    (4) in paragraph (5)— (A) by striking “women veterans” and inserting “individuals”; and (B) by inserting “, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2)” before the period at the end.

    Effective date note
    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].”

31. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VII § 707 · 131 Stat. 1283

    Struck and inserted · 38 U.S.C. § 1720D(a)(2)(A)

    Pub. L. 115–91 struck out “on active duty” before “to overcome psychological trauma” and inserted before period at end “that was suffered by the member while serving on active duty, active duty for training, or inactive duty training”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 115–91 struck out “on active duty” before “to overcome psychological trauma” and inserted before period at end “that was suffered by the member while serving on active duty, active duty for training, or inactive duty training”.

    Enacted provision · exact public law section
    SEC. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR MEMBERS OF THE RESERVE COMPONENTS.   Section 1720D(a)(2)(A) of title 38, United States Code, is amended— (1) by striking “on active duty”; and (2) by inserting before the period at the end the following: “that was suffered by the member while serving on active duty, active duty for training, or inactive duty training”.

32. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(26) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1720D(c)(3)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (26) Section 1720D(c)(3).

33. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(a)(1)(A) · 134 Stat. 4932

    1. Inserted · 38 U.S.C. § 1720D(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”

    2. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), substituted “former members of the Armed Forces” for “veterans”

    3. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), substituted “treat a condition” for “overcome psychological trauma”

    4. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), substituted “health care professional” for “mental health professional”

    5. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), substituted “former member of the Armed Forces” for “veteran”

    6. Substituted · 38 U.S.C. § 1720D(a)(1)

       Pub. L. 116–315, § 5301(a)(1)(A), (2), (3), (b)(1)(A), substituted “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)” for “active duty, active duty for training, or inactive duty training”

    Source evidence

    Code amendment note
    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 trauma”, “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 section 12323 of title 10)” for “active duty, active duty for training, or inactive duty training”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “active duty, active duty for training, or inactive duty training” and inserting “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)”; and

34. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(a)(1)(B) · 134 Stat. 4932

    1. Substituted · 38 U.S.C. § 1720D(a)(2)(A)

       Pub. L. 116–315, § 5301(a)(1)(B), (b)(1)(B), substituted “treat a condition” for “overcome psychological trauma”

    2. Substituted · 38 U.S.C. § 1720D(a)(2)(A)

       Pub. L. 116–315, § 5301(a)(1)(B), (b)(1)(B), substituted “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)” for “active duty, active duty for training, or inactive duty training”

    Source evidence

    Code amendment note
    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, active duty for training, or inactive duty training”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A), by striking “active duty, active duty for training, or inactive duty training” and inserting “duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)”;

35. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(a)(2) · 134 Stat. 4932

    1. Substituted · 38 U.S.C. § 1720D(b)

       Pub. L. 116–315, § 5301(a)(2), (3), substituted “former member of the Armed Forces” for “veteran” par. (2)(C)

    2. Substituted · 38 U.S.C. § 1720D(b)

       Pub. L. 116–315, § 5301(a)(2), (3), substituted “former members of the Armed Forces” for “veterans” par. (2)(C)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–315, § 5301(a)(2), (3), substituted “former member of the Armed Forces” for “veteran” in two places in par. (1) and “former members of the Armed Forces” for “veterans” par. (2)(C).

    Enacted provision · exact public law section
    (2) by striking “veteran” each place it appears and inserting “former member of the Armed Forces”;

36. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(b)(2) · 134 Stat. 4932

    Inserted · 38 U.S.C. § 1720D(d)(1); 38 U.S.C. § 1720D(2)(A)

    Pub. L. 116–315, § 5301(b)(2), inserted “and other health care professionals” after “mental health professionals”

    Source evidence

    Code amendment note
    Subsec. (d)(1), (2)(A). Pub. L. 116–315, § 5301(b)(2), inserted “and other health care professionals” after “mental health professionals”.

    Enacted provision · exact public law section
    (2) in subsection (d)— (A) in paragraph (1), by inserting “and other health care professionals” after “mental health professionals”; and (B) in paragraph (2)(A), by inserting “and other health care professionals” after “mental health professionals”.

37. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(a)(3) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 1720D(e)(2)(A)

    Pub. L. 116–315, § 5301(a)(3), substituted “former members of the Armed Forces” for “veterans”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 116–315, § 5301(a)(3), substituted “former members of the Armed Forces” for “veterans”.

    Enacted provision · exact public law section
    (3) by striking “veterans” each place it appears and inserting “former members of the Armed Forces”; and

38. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5303(c) · 134 Stat. 4932

    Struck · 38 U.S.C. § 1720D(f)

    Pub. L. 116–315, § 5303(c), struck out “repeated,” before “unsolicited”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–315, § 5303(c), struck out “repeated,” before “unsolicited”.

    Enacted provision · exact public law section
    (c) Definition of Sexual Harassment.— Section 1720D(f) of such title is amended by striking “repeated,”.

39. 2021

    Deborah Sampson Act of 2020

    Pub. L. 116–315 § 5301(a)(4) · 134 Stat. 4932

    Added · 38 U.S.C. § 1720D(g)

    Pub. L. 116–315, § 5301(a)(4), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–315, § 5301(a)(4), added subsec. (g).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsection: “(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.” .

61 of 61 references resolved to an enrolled provision