[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2931 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2931
To direct the Secretary of Defense to adopt a program of professional
and confidential screenings for members of the armed forces on active
duty to detect mental health conditions for the purpose of reducing the
incidence of suicide among such members and veterans, and to detect
traumatic brain injuries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2009
Mr. Teague (for himself and Mr. Murphy of New York) introduced the
following bill; which was referred to the Committee on Armed Services,
and in addition to the Committee on Veterans' Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to adopt a program of professional
and confidential screenings for members of the armed forces on active
duty to detect mental health conditions for the purpose of reducing the
incidence of suicide among such members and veterans, and to detect
traumatic brain injuries, 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 ``Kyle Barthel Veterans and Service
Members Mental Health Screening Act''.
SEC. 2. MANDATORY CONFIDENTIAL SCREENINGS FOR SUICIDE AND SUBSTANCE
ABUSE PREVENTION.
(a) In General.--The Secretary of Defense shall ensure that each
member of the armed forces on active duty (referred to in this Act as
``member'') is screened for mental health conditions by a licensed
mental health professional for the purpose of reducing the prevalence
of suicide among such service members, future veterans, and veterans.
(b) Requirements for Screenings.--
(1) Mandatory.--Each member shall be required to
participate in screenings under subsection (a) shall be
mandatory.
(2) Confidential.--With respect to the screenings conducted
under this section, the Secretary shall ensure compliance with
all applicable laws and regulations relating to the
confidentiality of the health care information generated
through such screenings.
(3) In person screening required.--The licensed mental
health professional conducting the screening under subsection
(a) must be in the physical presence of the member at the time
the screening for such member is conducted.
(4) Standards.--The screenings under subsection (a) shall
conform to a set of standards developed by the Secretary of
Defense, in consultation with the National Institute for Mental
Health, for the purpose of identifying suicide and substance
abuse risk factors.
(c) Timing of Screenings.--With respect to a member, the screenings
under subsection (a) shall be conducted--
(1) within 30 days of such member's induction to active
duty service;
(2) as a component of each required physical exam;
(3) one time during the 30-day period ending on the date
such member is deployed to in support of a contingency
operation (as defined in section 101(13) of title 10, United
States Code);
(4) one time during the 30-day period ending on the date
that such deployment is scheduled to end;
(5) one time during the 90-day period following the date
under paragraph (4); and
(6) one time during the 90-day period following the period
in paragraph (5).
(d) Protection From Adverse Treatment.--For the purpose of
encouraging members to provide complete information during the
screenings under subsection (a) and to discourage members from
stigmatizing participation in treatment for depression and other mental
health problems, the Secretary of Defense shall not use the results of
a screening under subsection (a) to--
(1) prohibit a member from returning to the United States;
(2) prohibit a member from being discharged from the armed
forces; or
(3) to involuntary discharge a member from the armed
forces.
(e) Defense Study and Report.--
(1) Study.--The Secretary of Defense shall conduct a
study--
(A) to collect data on--
(i) the number of licensed mental health
providers who are employed by the Secretary;
(ii) the number of members that each such
provider is expected to screen and treat;
(iii) the expected retirement dates of such
providers;
(iv) the geographic location of such
providers; and
(v) the ability of members to access
screening and treatment services offered by
such providers; and
(B) to evaluate whether redistributing such
providers geographically, assigning different tasks to
such providers, and hiring additional such providers
would assist the Secretary in providing adequate mental
health screening and treatment to members (including
the mental health screenings required by this Act).
(2) Report.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall
submit to the Congress a report on the results of the study
conducted under paragraph (1).
(f) Department of Veterans Affairs.--
(1) Study.--The Secretary of Veterans Affairs shall conduct
a study--
(A) to collect data on--
(i) the number of licensed mental health
providers who are employed by the Secretary;
(ii) the number of veterans that each
provider is expected to screen and treat;
(iii) the expected retirement dates of such
providers;
(iv) the geographic location of such
providers; and
(v) the ability of veterans to access
screening and treatment services offered by
such providers;
(B) to evaluate whether redistributing such
providers geographically, assigning different tasks to
such providers, and hiring additional such providers
would assist the Secretary in providing adequate mental
health treatment and screening services to veterans;
and
(C) to determine the projected cost of hiring and
retaining licensed mental health providers to be placed
in each veteran hospital, community-based outpatient
clinic, and facility operates under a contract to
provide clinical services on behalf of the Department
of Veterans Affairs.
(2) Report.--Not later than one year after the date of the
enactment of this section, the Secretary of Veterans Affairs
shall submit to the Congress a report on the results of the
study conducted under paragraph (1).
SEC. 3. MANDATORY TBI SCREENINGS.
(a) In General.--The Secretary of Defense shall require that each
member on active duty is screened for a traumatic brain injury by a
licensed professional who is qualified to conduct such screening.
(b) Timing of Screenings.--With respect to a service member, the
screenings under subsection (a) shall be conducted--
(1) as a component of each required physical exam;
(2) one time during the 30-day period beginning on the date
such member is deployed such member is deployed to in support
of a contingency operation (as defined in section 101(13) of
title 10, United States Code);
(3) one time during the 30-day period ending on the date on
which such deployment is scheduled to end for such member; and
(4) one time during the 90-day period following the date
under paragraph (3).
SEC. 4. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
INFORMATION SHARING.
Pursuant to and consistent with requirements of the Wounded Warrior
Act (title XVI of Public Law 110-181) (including the requirements of
section 1614 of that Act) and section 1720F of title 38, United States
Code, the Secretary of Defense and the Secretary of Veterans Affairs
shall establish a joint protocol to share existing and future reports
concerning screenings conducted under this Act to help aid members and
veterans who are transitioning from receiving health care and treatment
through Department of Defense to receiving such care and services
through the Department of Veterans Affairs.
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