[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 711 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 711

To require mental health screenings for members of the Armed Forces who 
are deployed in connection with a contingency operation, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2009

  Mr. Baucus introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require mental health screenings for members of the Armed Forces who 
are deployed in connection with a contingency operation, 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 ``Post-Deployment Health Assessment 
Act of 2009''.

SEC. 2. MENTAL HEALTH SCREENINGS FOR MEMBERS OF THE ARMED FORCES 
              DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION.

    (a) Mental Health Screenings.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall issue 
        guidance for the provision of an in-person mental health 
        screening for each member of the Armed Forces who is deployed 
        in connection with a contingency operation as follows:
                    (A) At a time during the period beginning 180 days 
                before the date of deployment in connection with the 
                contingency operation and ending 90 days before the 
                date of deployment in connection with the contingency 
                operation.
                    (B) At a time during the period beginning 90 days 
                after the date of redeployment from the contingency 
                operation and ending 180 days after the date of 
                redeployment from the contingency operation.
                    (C) Subject to subsection (d), not later than each 
                of 6 months, 12 months, and 18 months after the 
                screening provided under subparagraph (B).
            (2) Exclusion of certain members.--A mental health 
        screening is not required for a members of the Armed Forces 
        under subparagraphs (B) and (C) of paragraph (1) if the 
        Secretary determines that the member was not subjected or 
        exposed to combat stress during deployment in the contingency 
        operation concerned.
    (b) Purpose.--The purpose of the mental health screenings provided 
pursuant to this section shall be to identify Post Traumatic Stress 
Disorder (PTSD), suicidal tendencies, and other behavioral health 
issues identified among members of the Armed Forces described in 
subsection (a) in order to determine which such members are in need of 
additional care and treatment for such health issues.
    (c) Elements.--
            (1) In general.--The mental health screenings provided 
        pursuant to this section shall--
                    (A) be performed by personnel trained and certified 
                to perform such screenings in accordance with such 
                criteria as the Secretary of Defense shall establish; 
                and
                    (B) include an in-person dialogue between members 
                of the Armed Forces described in subsection (a) and 
                personnel described by paragraph (1) on such matters as 
                the Secretary shall specify in order that the 
                screenings achieve the purpose specified in subsection 
                (b) for such screenings.
            (2) Treatment of current assessments and screenings.--The 
        Secretary may treat periodic health assessments and other in-
        person screenings that are provided members of the Armed Forces 
        as of the date of the enactment of this Act as meeting the 
        requirements for mental health screenings required under this 
        section if the Secretary determines that such assessments and 
        in-person screenings meet the requirements for mental health 
        screenings established by this section.
    (d) Cessation of Screenings.--No mental health screening is 
required to be provided an individual under subsection (a)(1)(C) after 
the individual's discharge or release from the Armed Forces.
    (e) Sharing of Information.--
            (1) In general.--The Secretary of Defense shall share with 
        the Secretary of Veterans Affairs such information on members 
        of the Armed Forces that is derived from confidential mental 
        health screenings, including mental health screenings provided 
        pursuant to this section and health assessments and other in-
        person screenings provided before the date of the enactment of 
        this Act, as the Secretary of Defense and the Secretary of 
        Veterans Affairs jointly consider appropriate to ensure 
        continuity of mental health care and treatment of members of 
        the Armed Forces during their transition from health care and 
        treatment provided by the Department of Defense to health care 
        and treatment provided by the Department of Veterans Affairs.
            (2) Protocols.--Any sharing of information under paragraph 
        (1) shall occur pursuant to a protocol jointly established by 
        the Secretary of Defense and the Secretary of Veterans Affairs 
        for purposes of this subsection. Any such protocol shall be 
        consistent with the following:
                    (A) Applicable provisions of the Wounded Warrior 
                Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 
                note), including in particular, section 1614 of that 
                Act (122 Stat. 443; 10 U.S.C. 1071 note).
                    (B) Section 1720F of title 38, United States Code.
    (f) Contingency Operation Defined.--In this section, the term 
``contingency operation'' has the meaning given that term in section 
101(a)(13) of title 10, United States Code.
    (g) Reports.--
            (1) Report on guidance.--Upon the issuance of the guidance 
        required by subsection (a), the Secretary of Defense shall 
        submit to Congress a report describing the guidance.
            (2) Report on implementation of guidance.--Not later than 
        one year after the date of the issuance of the guidance 
        required by subsection (a), the Secretary shall submit to 
        Congress a report on the implementation of the guidance by the 
        military departments. The report shall include an evidence-
        based assessment of the effectiveness of the mental health 
        screenings provided pursuant to the guidance in achieving the 
        purpose specified in subsection (b) for such screenings.
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