[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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