I 111th CONGRESS 1st Session H. R. 2931 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.

1.

Short title

This Act may be cited as the Kyle Barthel Veterans and Service Members Mental Health Screening Act.

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).

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).

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.