[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2573 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2573

 To amend title 38, United States Code, to require a program of mental 
 health care and rehabilitation for veterans for service-related post-
 traumatic stress disorder, depression, anxiety disorder, or a related 
            substance use disorder, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2008

  Mr. Burr (for himself and Mr. Craig) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to require a program of mental 
 health care and rehabilitation for veterans for service-related post-
 traumatic stress disorder, depression, anxiety disorder, or a related 
            substance use disorder, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Mental Health Treatment 
First Act''.

SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE-
              RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION, 
              ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1712B the following 
new section:
``Sec. 1712C. Mental health care and rehabilitation for service-related 
              post-traumatic stress disorder, depression, anxiety 
              disorder, or related substance use disorder
    ``(a) In General.--The Secretary shall carry out a program of 
mental health care and rehabilitation for veterans who--
            ``(1) are diagnosed by a physician of the Department with 
        post-traumatic stress disorder, depression, anxiety disorder, 
        or substance use disorder related to post-traumatic stress 
        disorder, depression, or anxiety disorder that is service-
        related (as determined in accordance with subsection (b)); and
            ``(2) agree to the conditions of participation applicable 
        to such veterans set forth in subsection (c).
    ``(b) Treatment of Conditions as Service-Related.--(1) A condition 
of a veteran described in subsection (a)(1) shall be treated as 
service-related for purposes of this section if--
            ``(A) the condition has previously been adjudicated by the 
        Secretary to be service-connected; or
            ``(B) the condition is judged by the physician of the 
        Department making the diagnosis for the veteran as described in 
        subsection (a)(1) to be plausibly related to the service of the 
        veteran in the active military, naval, or air service.
    ``(2) The Secretary shall prescribe in regulations the standards to 
be utilized by physicians of the Department in judging under paragraph 
(1)(B) whether or not a condition of a veteran described in subsection 
(a)(1) is plausibly related to the service of the veteran in the active 
military, naval, or air service.
    ``(c) Conditions of Participation.--(1) As conditions for 
participation in the program under this section, a veteran seeking 
mental health care and rehabilitation under the program for a condition 
described in subsection (a)(1) who has not yet filed a claim for 
disability under this title for such condition shall agree as follows:
            ``(A) To comply substantially with the treatment regimen 
        and rehabilitation plan prescribed under subsection (d) for the 
        veteran.
            ``(B) Not to submit a claim for disability compensation 
        under chapter 11 of this title for post-traumatic stress 
        disorder, depression, anxiety disorder, or a related substance 
        use disorder until the earlier of--
                    ``(i) the end of the one-year period beginning on 
                the date of the commencement of the program by the 
                veteran; or
                    ``(ii) the conclusion of the treatment regimen and 
                rehabilitation plan prescribed under subsection (d) for 
                the veteran.
    ``(2) As conditions for participation in the program under this 
section, a veteran seeking mental health care and rehabilitation under 
the program for a condition described in subsection (a)(1) who has 
filed a claim for disability under this title for such condition that 
has not been adjudicated by the Secretary at the time of the diagnosis 
of the veteran described in subsection (a)(1)--
            ``(A) shall agree to comply substantially with the 
        treatment regimen and rehabilitation plan prescribed under 
        subsection (d) for the veteran; and
            ``(B) may agree, at the election of the veteran, to the 
        suspension by the Secretary of adjudication of such claim until 
        completion by the veteran of the treatment regimen and 
        rehabilitation plan.
    ``(3) As conditions for participation in the program under this 
section, a veteran seeking mental health care and rehabilitation under 
the program for one or more conditions described in subsection (a)(1) 
that have been determined by the Secretary to be service-connected 
shall agree as follows:
            ``(A) To comply substantially with the treatment regimen 
        and rehabilitation plan prescribed under subsection (d) for the 
        veteran.
            ``(B) Not to submit a claim for an increase in disability 
        compensation under chapter 11 of this title for or based on 
        such condition or conditions until the earlier of--
                    ``(i) the end of the one-year period beginning on 
                the date of the commencement of the program by the 
                veteran; or
                    ``(ii) the completion of the treatment regimen and 
                rehabilitation plan prescribed under subsection (d) for 
                the veteran.
    ``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary 
shall provide for each veteran who participates in the program under 
this section a treatment regimen and rehabilitation plan for the post-
traumatic stress disorder, depression, anxiety disorder, or related 
substance use disorder of such veteran as described in subsection 
(a)(1). The treatment regimen and rehabilitation plan shall be devised 
by appropriate clinicians and other appropriate personnel of the 
Department assigned for that purpose.
    ``(2) The treatment regimen and rehabilitation plan for a veteran 
under this subsection shall include such mental health care and 
rehabilitation as the clinicians and other personnel concerned consider 
appropriate for the remediation of the condition or conditions of the 
veteran covered by the plan.
    ``(3) The duration of each treatment regimen and rehabilitation 
plan under this subsection shall be such period as the clinician 
concerned considers appropriate.
    ``(e) Wellness Stipends.--(1) Subject to paragraph (4), each 
veteran covered by subsection (c)(1) who participates in the program 
under this section shall be paid a stipend as follows:
            ``(A) $2,000 payable upon commencement of the treatment 
        regimen and rehabilitation plan provided under subsection (d) 
        for such veteran.
            ``(B) $1,500 payable every 90 days thereafter upon 
        certification by the clinician treating such veteran under the 
        program that such veteran is in substantial compliance with 
        such treatment regimen and rehabilitation plan, except that the 
        total amount payable to such veteran under this subparagraph 
        may not exceed $6,000.
            ``(C) $3,000 payable at the earlier of--
                    ``(i) the date of the conclusion of such treatment 
                regimen and rehabilitation plan; or
                    ``(ii) one year after the date of the commencement 
                of such treatment regimen and rehabilitation plan by 
                the veteran.
    ``(2) Subject to paragraph (4), each veteran covered by subsection 
(c)(2) who participates in the program under this section shall be paid 
a stipend as follows:
            ``(A) If such veteran agrees as provided in subparagraph 
        (B) of subsection (c)(2), the stipend payable under paragraph 
        (1).
            ``(B) If such veteran does not agree as provided in 
        subparagraph (B) of subsection (c)(2), the stipend payable 
        under paragraph (3).
    ``(3) Subject to paragraph (4), each veteran covered by subsection 
(c)(3) who participates in the program under this section shall be paid 
a stipend as follows:
            ``(A) $667 payable upon commencement of the treatment 
        regimen and rehabilitation plan provided under subsection (d) 
        for such veteran.
            ``(B) $500 payable every 90 days thereafter upon 
        certification by the clinician treating such veteran under the 
        program that such veteran is in substantial compliance with 
        such treatment regimen and rehabilitation plan, except that the 
        total amount payable to such veteran under this subparagraph 
        may not exceed $2,000.
            ``(C) $1,000 payable at the earlier of--
                    ``(i) the date of the conclusion of such treatment 
                regimen and rehabilitation plan; or
                    ``(ii) one year after the date of the commencement 
                of such treatment regimen and rehabilitation plan by 
                the veteran.
    ``(4) In the event a veteran is determined by the Secretary to have 
failed to comply with any condition agreed to by the veteran under 
subsection (c), payment to the veteran of any stipend otherwise 
authorized to be payable under this subsection shall cease.
    ``(f) Limitation on Participation.--(1) Except as provided in 
paragraph (2), a veteran may participate only once in the program under 
this section.
    ``(2)(A) A veteran may participate more than once in the program 
under this section if the Secretary determines that such additional 
participation in the program will assist the veteran in achieving the 
remediation of the condition or conditions addressed by participation 
in the program.
    ``(B) The total amount of stipend payable under subsection (e) to a 
veteran covered by subparagraph (A) may not exceed $11,000.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by inserting after the item 
relating to section 1712B the following new item:

``1712C. Mental health care and rehabilitation for service-related 
                            post-traumatic stress disorder, depression, 
                            anxiety disorder, or related substance use 
                            disorder.''.
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