II 110th CONGRESS 2d Session S. 2963 IN THE SENATE OF THE UNITED STATES May 1, 2008 Mr. Bond (for himself, Mrs. Boxer, Mr. Stevens, Mr. Obama, Mr. Domenici, Mrs. Dole, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve and enhance the mental health care benefits available to members of the Armed Forces and veterans, to enhance counseling and other benefits available to survivors of members of the Armed Forces and veterans, and for other purposes.
1.
Scholarship program for education and training of behavioral health care specialists for Vet Centers
(a)
Program required
The Secretary of Veterans Affairs shall, acting through the Under Secretary for Health of the Department of Veterans Affairs, carry out a program to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers in order to recruit and retain individuals with such specialties for service as behavioral health care specialists in Vet Centers. (b)
Eligibility
An individual shall be eligible for a scholarship under the program under this section if the individual— (1)is pursuing education or training leading to licensure or other certified proficiency in such behavioral health care specialties critical to the operations of Vet Centers as the Secretary shall designate for purposes of the program; and (2)otherwise meets such other criteria or requirements as the Secretary shall establish for purposes of the program. (c)
Amount
The amount of any scholarship provided under the program under this section shall be determined by the Secretary. (d)
Agreement To serve as behavioral health care specialist in Vet Centers
As a condition of receipt of a scholarship under the program under this section, an individual receiving a scholarship shall enter into an agreement with the Secretary to serve as an employee of a Vet Center in the behavioral health care specialty of the individual for such period as the Secretary shall specify in the agreement. (e)
Repayment
Each agreement under subsection (c) shall contain such provisions as the Under Secretary shall establish for purposes of the program under this section relating to repayment of the amount of a scholarship provided under this section in the event the individual entering into such agreement does not fulfill the service requirements in such agreement. Such provisions shall, to the maximum extent practicable, apply uniformly to all recipients of scholarships provided under this section. (f)
Funding
(1)Amounts for scholarships under the program under this section shall be derived from amounts available to the Secretary of Veterans Affairs for readjustment benefits. (2)The total amount available for scholarships under the program under this section in any fiscal year may not exceed $2,000,000. (g)
Vet Centers defined
In this section, the term Vet Centers means the centers for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code.
2.
Eligibility of members of the Armed Forces who serve in Operation Iraqi Freedom or Operation Enduring Freedom for counseling and services through Vets Centers
(a)
In general
Any member of the Armed Forces, including a member of the National Guard or Reserve, who serves on active duty in the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom is eligible for readjustment counseling and related mental health services under section 1712A of title 38, United States Code, through the centers for readjustment counseling and related mental health services (commonly referred to as Vet Centers) operated under that section. (b)
No requirement for current active duty service
A member of the Armed Forces who meets the requirements for eligibility for counseling and services under subsection (a) is entitled to counseling and services under that subsection regardless of whether or not the member is currently on active duty in the Armed Forces at the time of receipt of counseling and services under that subsection. (c)
Regulations
The eligibility of members of the Armed Forces for counseling and services under subsection (a) shall be subject to such regulations as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe for purposes of this section.
3.
Restoration of authority of Vets Centers to provide referral and other assistance upon request to former members of the Armed Forces not authorized counseling
Section 1712A of title 38, United States Code, is amended by inserting after subsection (b) the following new subsection (c): (c)Upon receipt of a request for counseling under this section from any individual who has been discharged or released from active military, naval, or air service but who is not otherwise eligible for such counseling, the Secretary shall— (1)provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and (2)if pertinent, advise such individual of such individual’s rights to apply to the appropriate military, naval, or air service, and to the Department, for review of such individual’s discharge or release from such service. .
4.
Treatment of suicides of certain former members of the Armed Forces as deaths in line of duty for purposes of eligibility of survivors for certain benefits
(a)
Treatment as death in line of duty of suicides of certain former members of the Armed Forces
The suicide of a former member of the Armed Forces described in subsection (b) that occurs during the two-year period beginning on the date of the separation or retirement of the former member from the Armed Forces shall be treated as a death in line of duty of a member of the Armed Forces on active duty in the Armed Forces for purposes of the eligibility of the survivors of the former member for the benefits described in subsection (c). (b)
Covered former members of the Armed Forces
A former member of the Armed Forces described in this subsection is any former member of the Armed Forces with a medical history of a combat-related mental health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI). (c)
Covered benefits
The benefits described in this subsection are the benefits as follows: (1)Burial benefits. (2)Benefits under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code. (3)Benefits under the laws administered by the Secretary of Veterans Affairs. (4)Benefits under the Social Security Act. (d)
Dates for purposes of certain determinations
(1)
Date of death
Except as provided in paragraph (2), for purposes of the benefits under this section, the date of death of a former member of the Armed Forces described by subsection (a) shall be the date of the separation or retirement of the former member from the Armed Forces. (2)
Date for nature of eligibility
In determining the scope and nature of the entitlement a survivor of a former member of the Armed Forces described by subsection (a) to benefits under this section, the date of death of the former member shall be the date of the suicide of the former member. (e)
Refund of reduction in retired pay under SBP
Any reduction in the retired pay of a former member of the Armed Forces described by subsection (a) under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the period beginning on the date of the retirement of the former member from the Armed Forces and ending on the date of the suicide of the former member shall be refunded to the surviving spouse or children, as applicable, of the former member.
5.
Grants for non-profit organizations for the provision of emotional support services to survivors of members of the Armed Forces and veterans
(a)
In general
The Secretary of Defense shall carry out a program to award grants to non-profit organizations that provide emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors. (b)
Award of grants
(1)
Eligibility
To be eligible for a grant under the program under this section a non-profit organization shall meet such criteria as the Secretary shall establish for purposes of the program. (2)
Application
A non-profit organization seeking a grant under the program shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify for purposes of the program. (c)
Grants
(1)
Amount
The amount of each grant awarded a non-profit organization under the program under this section shall be such amount as the Secretary determines appropriate for purposes of the program. (2)
Duration
The duration of each grant awarded a non-profit organization shall be such period as the Secretary determines appropriate for purposes of the program. (d)
Use of grant funds
Each non-profit organization awarded a grant under the program under this section shall utilize amounts under the grant to provide such emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors as the Secretary shall specify in the grant. (e)
Funding
Amounts for grants under the program under this section shall be derived from amounts authorized to be appropriated for the Department of Defense for military personnel.