[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2778 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2778

  To amend title 37, United States Code, to expand certain bonus and 
  special pay authorities for members of the Armed Forces in order to 
enhance the recruitment and retention of psychologists, social workers, 
  mental health nurses, and other mental health professionals in the 
                 Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2008

  Mr. Lieberman (for himself and Mrs. Boxer) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 37, United States Code, to expand certain bonus and 
  special pay authorities for members of the Armed Forces in order to 
enhance the recruitment and retention of psychologists, social workers, 
  mental health nurses, and other mental health professionals in the 
                 Armed Forces, 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 ``Armed Forces Mental Health 
Professionals Recruitment and Retention Enhancement Act of 2008''.

SEC. 2. ACCESSION BONUS, SPECIAL PAY, AND RETENTION BONUS AUTHORITIES 
              FOR CLINICAL PSYCHOLOGISTS OF THE ARMED FORCES.

    (a) Multiyear Retention Bonus for Clinical Psychologists.--Chapter 
5 of title 37, United States Code, is amended by inserting after 
section 301e the following new section:
``Sec. 301f. Multiyear retention bonus: clinical psychologists of the 
              armed forces
    ``(a) Bonus Authorized.--(1) An officer described in subsection (b) 
who executes a written agreement to remain on active duty for two, 
three, or four years after completion of any other active-duty service 
commitment may, upon acceptance of the written agreement by the 
Secretary of the military department concerned, be paid a retention 
bonus as provided in this section.
    ``(2) The amount of a retention bonus under paragraph (1) may not 
exceed $25,000 for each year covered by a four-year agreement. The 
maximum yearly retention bonus for two-year and three-year agreements 
shall be reduced to reflect the shorter service commitment.
    ``(b) Covered Officers.--An officer described in this subsection is 
an officer who--
            ``(1) is an officer of the Medical Service Corps of the 
        Army or the Navy or the Biomedical Sciences Corps of the Air 
        Force;
            ``(2) is licensed and designated as a clinical psychologist 
        by the American Board of Professional Psychology;
            ``(3) is in a pay grade below pay grade O-7; and
            ``(4) has at least eight years of creditable service 
        (computed as described in subsection (c)) or has completed any 
        active-duty service commitment incurred for education and 
        training as a clinical psychologist.
    ``(c) Determination of Creditable Service.--For purposes of 
subsection (b), creditable service of an officer is computed by 
adding--
            ``(1) all periods which the officer spent in education and 
        training, including as a clinical psychology intern, in 
        preparation to be licensed and designated as a psychologist by 
        the American Board of Professional Psychology; and
            ``(2) all periods of active service in the Medical Service 
        Corps of the Army or the Navy or the Biomedical Sciences Corps 
        of the Air Force as a clinical psychologist.
    ``(d) Repayment.--An officer who does not complete the period of 
active duty specified in the agreement entered into under subsection 
(a) shall be subject to the repayment provisions of section 303a(e) of 
this title.
    ``(e) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (b) Accession Bonus for Clinical Psychologists in Critically Short 
Wartime Specialities Authorized.--Chapter 5 of such title is further 
amended by inserting after section 302l the following new section:
``Sec. 302m. Special pay: accession bonus for clinical psychologists in 
              critically short wartime specialties
    ``(a) Accession Bonus Authorized.--A person who is a graduate of a 
program accredited by the American Psychological Association with a 
doctoral degree in clinical psychology in a specialty designated by 
regulations as a critically short wartime specialty and who executes a 
written agreement described in subsection (d) to accept a commission as 
an officer of the armed forces and remain on active duty for a period 
of not less than four consecutive years may, upon the acceptance of the 
agreement by the Secretary of the military department concerned, be 
paid an accession bonus in the amount determined by the Secretary of 
the military department concerned.
    ``(b) Amount of Bonus.--The amount of an accession bonus under 
subsection (a) may not exceed $400,000.
    ``(c) Limitation on Eligibility for Bonus.--A person may not be 
paid a bonus under subsection (a) if--
            ``(1) the person, in exchange for an agreement to accept an 
        appointment as an officer, received financial assistance from 
        the Department of Defense to pursue a course of study in 
        clinical psychology; or
            ``(2) the Secretary of the military department concerned 
        determines that the person is not qualified to become and 
        remain certified as a clinical psychology in a specialty 
        designated by regulations as a critically short wartime 
        specialty.
    ``(d) Agreement.--The agreement referred to in subsection (a) shall 
provide that, consistent with the needs of the armed force concerned, 
the person executing the agreement will be assigned to duty for the 
period of obligated service covered by the agreement, as an officer of 
the Medical Service Corps of the Army or the Navy, or as an officer of 
the Biomedical Sciences Corps of the Air Force, in a specialty 
designated by regulations as a critically short wartime specialty.
    ``(e) Payment in Installments.--The bonus payable under subsection 
(a) is payable in four equal annual installments in an amount not to 
exceed $100,000 per installment.
    ``(f) Repayment.--A person who, after executing an agreement under 
subsection (a) is not commissioned as an officer of the armed forces, 
does not become certified as a clinical psychologist, or does not 
complete the period of active duty in a specialty specified in the 
agreement, shall be subject to the repayment provisions of section 
303a(e) of this title.
    ``(g) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (c) Variable Pay, Additional Pay, and Incentive Special Pay for 
Clinical Psychologists.--Chapter 5 of such title is further amended by 
inserting after section 302m, as added by subsection (b) of this 
section, the following new section:
``Sec. 302n. Special pay: clinical psychologists of the armed forces
    ``(a) Variable Pay.--(1) An officer described in subsection (d) who 
executes an agreement under subsection (e) is entitled to variable 
special pay in the amount specified by the Secretary of the military 
department concerned in the agreement of the officer under subsection 
(e).
    ``(2) The amount of variable special pay payable to an officer 
under this subsection shall be the amount payable for the period of 
years of creditable service of the officer at the time of the officer's 
entry into the agreement concerned under subsection (e). The Secretary 
of the military department concerned shall prescribe in regulations 
amounts of variable special pay payable for such various ranges of 
years of creditable service of an officer as a clinical psychologist as 
the regulations shall specify, except that the amount so payable may 
not exceed $12,000 per year. The regulations shall include a method for 
determining the creditable service of an officer as a clinical 
psychologist for purposes of this subsection.
    ``(b) Additional Special Pay.--An officer who is entitled to 
variable special pay under subsection (a) may also be paid additional 
special pay for any 12-month period during with the agreement of the 
officer under subsection (e) is in effect. The amount of such 
additional special pay for each 12-month period shall be the amount 
specified by the Secretary of the military department concerned in the 
agreement of the officer under subsection (e), but may not exceed 
$15,000 per 12-month period.
    ``(c) Incentive Special Pay.--(1) An officer who is entitled to 
variable special pay under subsection (a) may also be paid incentive 
special pay for any 12-month period during which the agreement of the 
officer under subsection (e) is in effect. The amount of such incentive 
special pay for each 12-month period shall be the amount specified by 
the Secretary of the military department concerned in the agreement of 
the officer under subsection (e), but may not exceed $5,000 per 12-
month period.
    ``(2) Incentive special pay payable to an officer under this 
subsection for any 12-month period is in addition to additional special 
pay payable to the officer under subsection (b) for such 12-month 
period.
    ``(d) Covered Officers.--An officer described in this subsection is 
an officer who--
            ``(1) is an officer of the Medical Service Corps of the 
        Army or the Navy or the Biomedical Sciences Corps of the Air 
        Force designated as a clinical psychologist; and
            ``(2) is on active duty under a call or order to active 
        duty for a period of not less than one year.
    ``(e) Agreement.--(1) An officer may not be paid variable special 
pay under subsection (a), or additional special pay under subsection 
(b) or incentive special pay under subsection (c), for any 12-month 
period unless the officer first executes a written agreement under 
which the officer agrees to remain on active duty for a period of not 
less than one year beginning on the date the officer accepts the award 
of such special pay.
    ``(2) Under regulations prescribed by the Secretary of Defense 
under section 303a(a) of this title, the Secretary of the military 
department concerned may terminate at any time an officer's entitlement 
to the special pay under an agreement under paragraph (1). If such 
entitlement is terminated, the officer concerned shall be subject to 
the repayment provisions of section 303a(e) of this title.
    ``(f) Frequency of Payments.--(1) Variable special pay payable to 
an officer under subsection (a) shall be paid monthly.
    ``(2) Special pay payable to an officer under subsection (b) or (c) 
shall be paid annually at the beginning of the 12-month period for 
which the officer is entitled to such payment.
    ``(g) Repayment.--An officer who does not complete the period of 
active duty specified in the agreement referred to in subsection (e) 
shall be subject to the repayment provisions of section 303a(e) of this 
title.
    ``(h) Coordination With Other Special Pay Authorities.--An officer 
paid variable special pay for a 12-month period under subsection (a) 
may also be paid special pay under section 302c(c) of this title for 
such 12-month period.
    ``(i) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (d) Clerical Amendments.--The table of sections at the beginning of 
chapter 5 of such title is amended--
            (1) by inserting after the item relating to section 301e 
        the following new item:

``301f. Multiyear retention bonus: clinical psychologists of the armed 
                            forces.'';
        and
            (2) by inserting after the item relating to section 302l 
        the following new items:

``302m. Special pay: accession bonus for clinical psychologists in 
                            critically short wartime specialties.
``302n. Special pay: clinical psychologists of the armed forces.''.

SEC. 3. ACCESSION BONUS AND SPECIAL PAY AUTHORITIES FOR SOCIAL WORKERS 
              OF THE ARMED FORCES.

    (a) Accession Bonus for Social Workers in Critically Short Wartime 
Specialties Authorized.--Chapter 5 of title 37, United States Code, as 
amended by section 2 of this Act, is further amended by inserting after 
section 302n the following new section:
``Sec. 302o. Special pay: accession bonus for social workers in 
              critically short wartime specialties
    ``(a) Accession Bonus Authorized.--A person who is a graduate of a 
program accredited by the Council on Social Work Education with a 
graduate degree in social work in a specialty designated by regulations 
as a critically short wartime specialty and who executes a written 
agreement described in subsection (d) to accept a commission as an 
officer of the armed forces and remain on active duty for a period of 
not less than three consecutive years may, upon the acceptance of the 
agreement by the Secretary of the military department concerned, be 
paid an accession bonus in the amount determined by the Secretary of 
the military department concerned.
    ``(b) Amount of Bonus.--The amount of an accession bonus under 
subsection (a) may not exceed $30,000.
    ``(c) Limitation on Eligibility for Bonus.--A person may not be 
paid a bonus under subsection (a) if--
            ``(1) the person, in exchange for an agreement to accept an 
        appointment as an officer, received financial assistance from 
        the Department of Defense to pursue a course of study in social 
        work; or
            ``(2) the Secretary of the military department concerned 
        determines that the person is not qualified to become and 
        remain licensed as a social worker in a specialty designated by 
        regulations as a critically short wartime specialty.
    ``(d) Agreement.--The agreement referred to in subsection (a) shall 
provide that, consistent with the needs of the armed force concerned, 
the person executing the agreement will be assigned to duty for the 
period of obligated service covered by the agreement, as an officer of 
the Medical Service Corps of the Army or the Navy, or as an officer of 
the Biomedical Sciences Corps of the Air Force, in a specialty 
designated by regulations as a critically short wartime specialty.
    ``(e) Payment in Installments.--The bonus payable under subsection 
(a) is payable in four equal annual installments in an amount not to 
exceed $10,000 per installment.
    ``(f) Repayment.--A person who, after executing an agreement under 
subsection (a) is not commissioned as an officer of the armed forces, 
does not become licensed as a social worker, or does not complete the 
period of active duty in a specialty specified in the agreement, shall 
be subject to the repayment provisions of section 303a(e) of this 
title.
    ``(g) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (b) Variable Pay, Additional Pay, and Incentive Special Pay for 
Social Workers.--Chapter 5 of such title is further amended by 
inserting after the item relating to section 302o, as added by 
subsection (a) of this section, the following new section:
``Sec. 302p. Special pay: social workers of the armed forces
    ``(a) Variable Pay.--(1) An officer described in subsection (d) who 
executes an agreement under subsection (e) is entitled to variable 
special pay in the amount specified by the Secretary of the military 
department concerned in the agreement of the officer under subsection 
(e).
    ``(2) The amount of variable special pay payable to an officer 
under this subsection shall be the amount payable for the period of 
years of creditable service of the officer at the time of the officer's 
entry into the agreement concerned under subsection (e). The Secretary 
of the military department concerned shall prescribe in regulations 
amounts of variable special pay payable for such various ranges of 
years of creditable service of an officer as a clinical psychologist as 
the regulations shall specify, except that the amount so payable may 
not exceed $12,000 per year. The regulations shall include a method for 
determining the creditable service of an officer as a clinical 
psychologist for purposes of this subsection.
    ``(b) Additional Special Pay.--An officer who is entitled to 
variable special pay under subsection (a) may also be paid additional 
special pay for any 12-month period during with the agreement of the 
officer under subsection (e) is in effect. The amount of such 
additional special pay for each 12-month period shall be the amount 
specified by the Secretary of the military department concerned in the 
agreement of the officer under subsection (e), but may not exceed 
$15,000 per 12-month period.
    ``(c) Incentive Special Pay.--(1) An officer who is entitled to 
variable special pay under subsection (a) may also be paid incentive 
special pay for any 12-month period during which the agreement of the 
officer under subsection (e) is in effect. The amount of such incentive 
special pay for each 12-month period shall be the amount specified by 
the Secretary of the military department concerned in the agreement of 
the officer under subsection (e), but may not exceed $5,000 per 12-
month period.
    ``(2) Incentive special pay payable to an officer under this 
subsection for any 12-month period is in addition to additional special 
pay payable to the officer under subsection (b) for such 12-month 
period.
    ``(d) Covered Officers.--An officer described in this subsection is 
an officer who--
            ``(1) is an officer of the Medical Service Corps of the 
        Army or the Navy or the Biomedical Sciences Corps of the Air 
        Force designated as a social worker; and
            ``(2) is on active duty under a call or order to active 
        duty for a period of not less than one year.
    ``(e) Agreement.--(1) An officer may not be paid variable special 
pay under subsection (a), or additional special pay under subsection 
(b) or incentive special pay under subsection (c), for any 12-month 
period unless the officer first executes a written agreement under 
which the officer agrees to remain on active duty for a period of not 
less than one year beginning on the date the officer accepts the award 
of such special pay.
    ``(2) Under regulations prescribed by the Secretary of Defense 
under section 303a(a) of this title, the Secretary of the military 
department concerned may terminate at any time an officer's entitlement 
to the special pay under an agreement under paragraph (1). If such 
entitlement is terminated, the officer concerned shall be subject to 
the repayment provisions of section 303a(e) of this title.
    ``(f) Frequency of Payments.--(1) Variable special pay payable to 
an officer under subsection (a) shall be paid monthly.
    ``(2) Special pay payable to an officer under subsection (b) or (c) 
shall be paid annually at the beginning of the 12-month period for 
which the officer is entitled to such payment.
    ``(g) Repayment.--An officer who does not complete the period of 
active duty specified in the agreement referred to in subsection (e) 
shall be subject to the repayment provisions of section 303a(e) of this 
title.
    ``(h) Coordination With Other Special Pay Authorities.--An officer 
paid variable special pay for a 12-month period under subsection (a) 
may also be paid special pay under section 302c(d) of this title for 
such 12-month period.
    ``(i) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of such title, as amended by section 2(d) of this Act, is 
further amended by inserting after the item relating to section 302n 
the following new items:

``302o. Special pay: accession bonus for social workers in critically 
                            short wartime specialties.
``302p. Special pay: social workers of the armed forces.''.

SEC. 4. VARIABLE PAY, ADDITIONAL PAY, AND INCENTIVE SPECIAL PAY 
              AUTHORITIES FOR MENTAL HEALTH NURSES OF THE ARMED FORCES.

    (a) Special Pays Authorized.--Chapter 5 of title 37, United States 
Code, as amended by section 3 of this Act, is further amended by 
inserting after section 302p the following new section:
``Sec. 302q. Special pay: mental health nurses of the armed forces
    ``(a) Variable Pay.--(1) An officer described in subsection (d) who 
executes an agreement under subsection (e) is entitled to variable 
special pay in the amount specified by the Secretary of the military 
department concerned in the agreement of the officer under subsection 
(e).
    ``(2) The amount of variable special pay payable to an officer 
under this subsection shall be the amount payable for the period of 
years of creditable service of the officer at the time of the officer's 
entry into the agreement concerned under subsection (e). The Secretary 
of the military department concerned shall prescribe in regulations 
amounts of variable special pay payable for such various ranges of 
years of creditable service of an officer as a clinical psychologist as 
the regulations shall specify, except that the amount so payable may 
not exceed $12,000 per year. The regulations shall include a method for 
determining the creditable service of an officer as a clinical 
psychologist for purposes of this subsection.
    ``(b) Additional Special Pay.--An officer who is entitled to 
variable special pay under subsection (a) may also be paid additional 
special pay for any 12-month period during with the agreement of the 
officer under subsection (e) is in effect. The amount of such 
additional special pay for each 12-month period shall be the amount 
specified by the Secretary of the military department concerned in the 
agreement of the officer under subsection (e), but may not exceed 
$15,000 per 12-month period.
    ``(c) Incentive Special Pay.--(1) An officer who is entitled to 
variable special pay under subsection (a) may also be paid incentive 
special pay for any 12-month period during which the agreement of the 
officer under subsection (e) is in effect. The amount of such incentive 
special pay for each 12-month period shall be the amount specified by 
the Secretary of the military department concerned in the agreement of 
the officer under subsection (e), but may not exceed $5,000 per 12-
month period.
    ``(2) Incentive special pay payable to an officer under this 
subsection for any 12-month period is in addition to additional special 
pay payable to the officer under subsection (b) for such 12-month 
period.
    ``(d) Covered Officers.--An officer described in this subsection is 
an officer who--
            ``(1) is an officer of the Medical Service Corps of the 
        Army or the Navy or the Biomedical Sciences Corps of the Air 
        Force designated as a mental health nurse; and
            ``(2) is on active duty under a call or order to active 
        duty for a period of not less than one year.
    ``(e) Agreement.--(1) An officer may not be paid variable special 
pay under subsection (a), or additional special pay under subsection 
(b) or incentive special pay under subsection (c), for any 12-month 
period unless the officer first executes a written agreement under 
which the officer agrees to remain on active duty for a period of not 
less than one year beginning on the date the officer accepts the award 
of such special pay.
    ``(2) Under regulations prescribed by the Secretary of Defense 
under section 303a(a) of this title, the Secretary of the military 
department concerned may terminate at any time an officer's entitlement 
to the special pay under an agreement under paragraph (1). If such 
entitlement is terminated, the officer concerned shall be subject to 
the repayment provisions of section 303a(e) of this title.
    ``(f) Frequency of Payments.--(1) Variable special pay payable to 
an officer under subsection (a) shall be paid monthly.
    ``(2) Special pay payable to an officer under subsection (b) or (c) 
shall be paid annually at the beginning of the 12-month period for 
which the officer is entitled to such payment.
    ``(g) Repayment.--An officer who does not complete the period of 
active duty specified in the agreement referred to in subsection (e) 
shall be subject to the repayment provisions of section 303a(e) of this 
title.
    ``(h) Coordination With Other Special Pay Authorities.--An officer 
paid variable special pay for a 12-month period under subsection (a) 
may also be paid special pay under section 302c(d) of this title for 
such 12-month period.
    ``(i) Termination of Authority.--No agreement under this section 
may be entered into after December 31, 2009.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of such title, as amended by section 3(c) of this Act, is 
further amended by inserting after the item relating to section 302p 
the following new item:

``302q. Special pay: mental health nurses of the armed forces.''.

SEC. 5. INCLUSION OF PSYCHIATRISTS, SOCIAL WORKERS, AND MENTAL HEALTH 
              NURSES UNDER AUTHORITY FOR RETENTION INCENTIVES FOR 
              MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR ASSIGNED 
              TO HIGH PRIORITY UNITS.

    (a) Inclusion.--
            (1) In general.--The skills specified in paragraph (2) 
        shall be treated as designated critical military skills under 
        subsection (b)(1) of section 355 of title 37, United States 
        Code, for purposes of the award of the retention bonus 
        authorized by subsection (a) of section 355 of such title.
            (2) Covered skills.--The skills specified in this paragraph 
        are the skills as follows:
                    (A) Psychiatrist.
                    (B) Social worker.
                    (C) Mental health nurse.
    (b) Maximum Bonus Amounts.--Section 355(d) of title 37, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(3) Notwithstanding any other provision of this subsection, the 
total bonus payments that a member may receive under this section are 
limited as follows:
            ``(A) In the case of a member who is assigned duties as a 
        psychiatrist, not more than $25,000 for each year of the 
        written agreement of the member under subsection (a).
            ``(B) In the case of a member who is assigned duties as a 
        social worker, not more than $7,000 for each year of the 
        written agreement of the member under subsection (a).
            ``(C) In the case of a member who is assigned duties as a 
        mental health nurse, not more than $15,000 for each year of the 
        written agreement of the member under subsection (a).''.

SEC. 6. INCLUSION OF PSYCHIATRISTS, CLINICAL PSYCHOLOGISTS, SOCIAL 
              WORKERS, MENTAL HEALTH NURSES, AND OTHER BEHAVIORAL 
              HEALTH PROFESSIONALS UNDER THE HEALTH PROFESSIONS 
              SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.

    (a) Inclusion.--Under such regulations as the Secretary of Defense 
may prescribe, the Secretary of each military department may include 
individuals qualified in the health professions specified in subsection 
(b) in the health professions scholarship and financial assistance 
program of such military department under subchapter I of chapter 105 
of title 10, United States Code.
    (b) Covered Health Professions.--The health professions specified 
in this subsection are the health professions as follows:
            (1) Psychiatrist.
            (2) Clinical psychologist.
            (3) Social worker.
            (4) Mental health nurse.
            (5) Any other category of behavioral health professional 
        that the Secretary of the military department concerned, in 
        consultation with the Secretary of Defense, considers 
        appropriate for purposes of the health professions scholarship 
        and financial assistance program of such military department.

SEC. 7. AVAILABILITY OF AUTHORITIES FOR RECRUITMENT AND RETENTION OF 
              MENTAL HEALTH PROFESSIONALS AS OFFICERS OF THE RESERVE 
              COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Under regulations prescribed by the Secretary of 
Defense, the Secretary of each military department may utilize the 
authorities in this Act, and the amendments made by this Act, to 
facilitate the recruitment and retention in the reserve components of 
the Armed Forces under the jurisdiction of such Secretary of 
individuals qualified in the health professions specified in subsection 
(b). Such regulations shall provide, to the maximum extent practicable, 
that the application of any authority under this section to an 
individual for service in a reserve component of the Armed Forces 
conform to the application of such authority to similarly situated 
individuals for service on active duty in the Armed Forces.
    (b) Covered Health Professions.--The health professions specified 
in this subsection are the health professions as follows:
            (1) Psychiatrist.
            (2) Clinical psychologist.
            (3) Social worker.
            (4) Mental health nurse.
                                 <all>