II 111th CONGRESS 2d Session S. 3678 IN THE SENATE OF THE UNITED STATES July 29, 2010 Mr. Lautenberg introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve mental health services for members of the National Guard and Reserve deployed in connection with a contingency operation, and for other purposes.

1.

Short title

This Act may be cited as the Sergeant Coleman Bean National Guard and Reserves Mental Health Act.

2.

Improvement of mental health assessments of members of the Armed Forces deployed in connection with a contingency operation

(a)

In general

Section 708(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2376; 10 U.S.C. 1074f note) is amended by adding at the end the following new paragraph: (3)

Recall of reserves to active duty for post-deployment assessments

Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may call or order a member of a reserve component of the Armed Forces to active duty for purposes of performing a mental health assessment of the member under subparagraph (B) or (C) of paragraph (1). . (b)

Clarifying amendment

Paragraph (1) of such section is amended in the matter preceding subparagraph (A) by inserting , including a member of the reserve components, after each member of the Armed Forces.

3.

Suicide prevention for certain reserves deployed in contingency operations since September 11, 2001

(a)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074l the following new section:

1074m.

Suicide prevention for certain reserves deployed in contingency operations since September 11, 2001

(a)

Suicide prevention

(1)

Telephone call

The Secretary of Defense shall ensure that each covered member receives a telephone call described in subsection (b) not less than once every 90 days during the period in which the covered member remains a member of the Individual Ready Reserve, an individual mobilization augmentee, or a member of the inactive National Guard, as the case may be. (2)

Exclusion of certain covered members

A telephone call is not required for a covered member under this subsection if the Secretary determines that the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned. (b)

Counseling call

A telephone call described in this subsection is a call from properly trained personnel to determine the emotional, psychological, medical, and career needs and concerns of the covered member. (c)

Referral

(1)The personnel making a telephone call described in subsection (b) shall refer a covered member identified as being at-risk of self-caused harm to the nearest military medical treatment facility or accredited TRICARE provider for immediate evaluation and treatment by a qualified health care provider. (2)Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned may call or order a covered member to active duty, with the consent of the member, for evaluation and treatment under this subsection. (3)If a member is referred under this subsection, the Secretary of Defense shall confirm that the member has received the evaluation described in paragraph (1) and any necessary treatment. (d)

Reports

Not later than January 31 each year, beginning in 2011, the Secretary of Defense shall submit to Congress a report on the number of covered members who have been referred for counseling or mental health treatment under this section, as well as the health and career status of such members. (e)

Covered member defined

In this section, the term covered member means the following: (1)A member of the Individual Ready Reserve described in section 10144(b) of this title who has deployed to Afghanistan or Iraq in support of a contingency operation on or after September 11, 2001. (2)A member of a reserve component who is an individual mobilization augmentee who has deployed to Afghanistan or Iraq in support of a contingency operation on or after September 11, 2001. (3)A member of the inactive National Guard who has deployed in support of a contingency operation on or after September 11, 2001.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074l the following new item: 1074m. Suicide prevention for certain reserves deployed in contingency operations since September 11, 2001. .