II 110th CONGRESS 2d Session S. 2778 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.
1.
Short title
This Act may be cited as the Armed Forces Mental Health Professionals Recruitment and Retention Enhancement Act of 2008.
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:
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:
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:
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. .
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:
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:
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. .
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:
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. .
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). .
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.
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.