II 111th CONGRESS 1st Session S. 711 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.

1.

Short title

This Act may be cited as the Post-Deployment Health Assessment Act of 2009.

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.