[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 772 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 772

  To enhance benefits for survivors of certain former members of the 
   Armed Forces with a history of post-traumatic stress disorder or 
 traumatic brain injury, to enhance availability and access to mental 
health counseling for members of the Armed Forces and veterans, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2009

  Mr. Bond (for himself, Mrs. Boxer, Mr. Lieberman, Mr. Grassley, Mr. 
Specter, Mr. Brownback, Ms. Murkowski, Mrs. McCaskill, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To enhance benefits for survivors of certain former members of the 
   Armed Forces with a history of post-traumatic stress disorder or 
 traumatic brain injury, to enhance availability and access to mental 
health counseling for members of the Armed Forces and veterans, 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 ``Honor Act of 2009''.

SEC. 2. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND 
              POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.

    (a) Scholarship Program.--
            (1) Program.--The Secretary of Veterans Affairs shall carry 
        out a program to provide scholarships to qualifying veterans 
        for pursuit of a graduate or post-graduate degree in behavioral 
        health sciences.
            (2) Designation.--The program carried out under this 
        section shall be known as the ``Department of Veterans Affairs 
        HONOR Scholarship Program'' (in this section referred to as the 
        ``scholarship program'').
    (b) Qualifying Veterans.--For purposes of this section, a 
qualifying veteran is any veteran who--
            (1) during service on active duty in the Armed Forces, 
        participated for such period as the Secretary of Veterans 
        Affairs, in consultation with the Secretary of Defense, shall 
        specify for purposes of the scholarship program in a theater of 
        combat or during a contingency operation overseas;
            (2) was retired, discharged, separated, or released from 
        service in the Armed Forces on or after a date (not earlier 
        than August 2, 1990) specified by the Secretary of Defense for 
        purposes of the scholarship program;
            (3) at the time of the submittal of an application to 
        participate in the scholarship program, holds an undergraduate 
        or graduate degree, as applicable, from an institution of 
        higher education that qualifies the veteran for pursuit of a 
        graduate or post-graduate degree in behavioral sciences; and
            (4) meets such other qualifications as the Secretary of 
        Veterans Affairs may establish for purposes of the scholarship 
        program.
    (c) Application.--Each qualifying veteran seeking to participate in 
the scholarship program shall submit to the Secretary of Veterans 
Affairs an application therefor setting forth such information as the 
Secretary shall specify for purposes of the scholarship program.
    (d) Agreement.--Each qualifying veteran selected by the Secretary 
of Veterans Affairs for participation in the scholarship program shall 
enter into an agreement with the Secretary regarding participation in 
the scholarship program. The agreement shall contain such terms and 
conditions as the Secretary shall specify for purposes of the 
scholarship program.
    (e) Scholarships.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        provide to each qualifying veteran who enters into an agreement 
        under subsection (d) a scholarship for such number of academic 
        years as the Secretary shall specify in the agreement for 
        pursuit of a graduate or post-graduate degree in behavioral 
        health sciences at an institution of higher education offering 
        such degree that is approved by the Secretary for purposes of 
        the scholarship program.
            (2) Elements.--The scholarship provided a qualifying 
        veteran for an academic year shall consist of payment of the 
        following:
                    (A) Tuition of the qualifying veteran for pursuit 
                of the graduate or post-graduate degree concerned in 
                the academic year.
                    (B) Reasonable educational expenses of the 
                qualifying veteran (including fees, books, and 
                laboratory expenses) in pursuit of such degree in the 
                academic year.
                    (C) A stipend in connection with the pursuit of 
                such degree in the academic year in such amount as the 
                Secretary shall specify in the agreement of the 
                qualifying veteran under subsection (d).
    (f) Obligated Service.--Each qualifying veteran who participates in 
the scholarship program shall, after completion of the graduate or 
post-graduate degree concerned and as jointly provided by the Secretary 
of Veterans Affairs and the Secretary of Defense in the agreement of 
such qualifying veteran under subsection (d), perform service as 
follows:
            (1) Such service for the Department of Veterans Affairs in 
        connection with the furnishing of mental health services to 
        veterans, and for such period, as the Secretary of Veterans 
        Affairs shall specify in the agreement.
            (2) Such service for the Department of Defense in 
        connection with the furnishing of mental health services to 
        members of the Armed Forces, and for such period, as the 
        Secretary of Veterans Affairs shall, in consultation with the 
        Secretary of Defense, specify in the agreement.
            (3) Such combination of service described by paragraphs (1) 
        and (2), and for such period, as the Secretary of Veterans 
        Affairs shall, in consultation with the Secretary of Defense, 
        specify in the agreement.
    (g) Breach of Agreement.--Each qualifying veteran participating in 
the scholarship who fails to complete satisfactorily the terms of the 
agreement of such qualifying veteran under subsection (d), whether 
through failure to obtain the graduate or post-graduate degree 
concerned or failure to perform service required of the qualifying 
veteran under subsection (f), shall be liable to the United States in 
such form and manner as the Secretary of Veterans Affairs shall, in 
consultation with the Secretary of Defense, specify in the agreement.
    (h) 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.

SEC. 3. PROGRAM OF EMPLOYMENT, TRAINING, AND DEPLOYMENT OF FORMER 
              MEMBERS OF THE ARMED FORCES WITH COMBAT EXPERIENCE AS 
              PSYCHIATRIC TECHNICIANS AND NURSES FOR MEMBERS OF THE 
              ARMED FORCES IN DEPLOYMENT.

    (a) Program Required.--The Secretary of Defense shall carry out a 
program to employ and train qualifying former members of the Armed 
Forces as psychiatric technicians and nurses of the Department of 
Defense for the provision of mental health counseling and services to 
members of the Armed Forces who are deployed to a combat zone.
    (b) Qualifying Former Members of the Armed Forces.--For purposes of 
this section, a qualifying former member of the Armed Forces is any 
member who--
            (1) during service on active duty in the Armed Forces, 
        participated for such period as the Secretary shall specify for 
        purposes of the program in a theater of combat or during a 
        contingency operation overseas;
            (2) was retired, discharged, separated, or released from 
        service in the Armed Forces on or after a date (not earlier 
        than August 2, 1990) specified by the Secretary for purposes of 
        the program; and
            (3) meets such other qualifications as the Secretary may 
        establish for purposes of the program.
    (c) Employment and Training.--
            (1) Employment.--Each qualifying former member of the Armed 
        Forces selected by the Secretary for participation in the 
        program may be employed by the Secretary as a civilian employee 
        of the Department of Defense for such minimum period as the 
        Secretary considers appropriate for purposes of the program.
            (2) Training.--Each qualifying former member of the Armed 
        Forces employed by the Secretary under paragraph (1) shall be 
        provided such training in the provision of mental health 
        counseling and services to members of the Armed Forces deployed 
        to a combat zone as the Secretary determines appropriate in 
        order to qualify such former member to serve as a psychiatric 
        technician or nurse, as applicable, of the Department of 
        Defense for the provision of such counseling and services to 
        such members of the Armed Forces.
            (3) Service.--Upon the successful completion by a 
        qualifying former member of the Armed Forces of training 
        provided under paragraph (2), the Secretary shall require the 
        former member, as a psychiatric technician or nurse (as 
        applicable) of the Department of Defense, to provide such 
        mental health counseling and services to members of the Armed 
        Forces deployed to a combat zone as the Secretary considers 
        appropriate.
            (4) Deployment to combat zone.--Each qualifying former 
        member of the Armed Forces serving as a psychiatric technician 
        or nurse of the Department of Defense under paragraph (3) shall 
        agree, as a condition of participation in the program, to 
        deploy to a combat zone to perform service as a psychiatric 
        technician or nurse, as the case may be, for members of the 
        Armed Forces deployed to the combat zone for such period (if 
        any), and under such terms and conditions, as the Secretary 
        determines appropriate.
    (d) 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.

SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL 
              AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF 
              THE ARMED FORCES NOT AUTHORIZED COUNSELING.

    Section 1712A of title 38, United States Code, is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Upon receipt of a request for counseling under this section 
from any individual who has been discharged or released from active 
military, naval, or air service but who is not otherwise eligible for 
such counseling, the Secretary shall--
            ``(1) provide referral services to assist such individual, 
        to the maximum extent practicable, in obtaining mental health 
        care and services from sources outside the Department; and
            ``(2) if pertinent, advise such individual of such 
        individual's rights to apply to the appropriate military, 
        naval, or air service, and to the Department, for review of 
        such individual's discharge or release from such service.''.

SEC. 5. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR COUNSELING AND 
              RELATED MENTAL HEALTH SERVICES THROUGH VET CENTERS.

    (a) Eligibility.--Section 1712A of title 38, United States Code, as 
amended by section 4, is further amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f)(1) The Secretary shall, upon the request of a member of the 
Armed Forces, furnish the member through a center the following:
            ``(A) In the case of a member of a regular component of the 
        Armed Forces, mental health services authorized to be provided 
        under this section.
            ``(B) In the case of a member of a reserve component of the 
        Armed Forces, readjustment counseling and related mental health 
        services authorized to be provided under this section, 
        including readjustment counseling to assist the member in 
        reintegrating into civilian life after demobilization from 
        active duty in the Armed Forces.
    ``(2) Any general mental and psychological assessment furnished a 
member under this subsection shall include such criteria, and be 
performed in such manner and with such protections for the member, as 
the Secretary and the Secretary of Defense shall jointly prescribe for 
purposes of this subsection.
    ``(3)(A) In the event a physician, psychologist, or other counselor 
furnishing counseling or mental health services to a member under this 
subsection determines that the member may be a danger to the member or 
others, the physician, psychologist, or counselor, as the case may be, 
shall notify an appropriate official of a military medical treatment 
facility designated in the procedures under subparagraph (C) of the 
determination.
    ``(B) An official receiving a notification under subparagraph (A) 
with respect to a member shall transmit the notification to an 
appropriate officer in the chain of command of the member, as 
designated in the procedures under subparagraph (C).
    ``(C) The Secretary and the Secretary of Defense shall jointly 
prescribe procedures for notifications under this paragraph. The 
procedures shall include the following:
            ``(i) A designation of the military medical treatment 
        facilities to which notice with respect to members is to be 
        submitted under subparagraph (A).
            ``(ii) A specification of the officers who shall constitute 
        appropriate officers in the chain of command of a member for 
        purposes of the transmittal of notice under subparagraph (B).
    ``(4) The Secretary shall carry out this subsection pursuant to a 
memorandum of understanding jointly entered into by the Secretary and 
the Secretary of Defense.''.
    (b) Outreach on Eligibility.--Subsection (g) of such section 1712A, 
as redesignated by subsection (a)(1), is further amended by inserting 
``and members of the Armed Forces'' after ``veterans''.

SEC. 6. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED 
              FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF 
              ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.

    (a) Treatment as Death in Line of Duty of Suicides of Certain 
Former Members of the Armed Forces.--The suicide of a former member of 
the Armed Forces described in subsection (b) that occurs during the 
two-year period beginning on the date of the separation or retirement 
of the former member from the Armed Forces shall be treated as a death 
in line of duty of a member of the Armed Forces on active duty in the 
Armed Forces for purposes of the eligibility of the survivors of the 
former member for the benefits described in subsection (c).
    (b) Covered Former Members of the Armed Forces.--A former member of 
the Armed Forces described in this subsection is any former member of 
the Armed Forces with a medical history of a combat-related mental 
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic 
Brain Injury (TBI).
    (c) Covered Benefits.--The benefits described in this subsection 
are the benefits as follows:
            (1) Burial benefits.
            (2) Benefits under the Survivor Benefit Plan under 
        subchapter II of chapter 73 of title 10, United States Code.
            (3) Benefits under the laws administered by the Secretary 
        of Veterans Affairs.
            (4) Benefits under the Social Security Act.
    (d) Dates for Purposes of Certain Determinations.--
            (1) Date of death.--Except as provided in paragraph (2), 
        for purposes of the benefits under this section, the date of 
        death of a former member of the Armed Forces described by 
        subsection (a) shall be the date of the separation or 
        retirement of the former member from the Armed Forces.
            (2) Date for nature of eligibility.--In determining the 
        scope and nature of the entitlement a survivor of a former 
        member of the Armed Forces described by subsection (a) to 
        benefits under this section, the date of death of the former 
        member shall be the date of the suicide of the former member.
    (e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in 
the retired pay of a former member of the Armed Forces described by 
subsection (a) under the Survivor Benefit Plan under subchapter II of 
chapter 73 of title 10, United States Code, during the period beginning 
on the date of the retirement of the former member from the Armed 
Forces and ending on the date of the suicide of the former member shall 
be refunded to the surviving spouse or children, as applicable, of the 
former member.

SEC. 7. ANNUAL REPORTS ON EFFECTIVENESS OF MENTAL HEALTH TRAINING AND 
              RELATED COUNSELING UNDER REINTEGRATION PROGRAMS FOR 
              MEMBERS OF THE ARMED FORCES AND VETERANS.

    (a) Annual Assessments.--Not later than 18 months after the date of 
the enactment of this Act, and annually thereafter, the Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly conduct a 
review and assessment of the programs of the Department of Defense and 
the Department of Veterans Affairs for the reintegration of members of 
the Armed Forces and veterans into civilian life after retirement, 
discharge, or release from the Armed Forces in order to assess the 
extent of the effectiveness of the mental health resiliency training 
and transition counseling provided to members of the Armed Forces, 
veterans, and their families under such programs both before and after 
retirement, discharge, or release from the Armed Forces.
    (b) Reports.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to Congress a report on each 
review and assessment conducted under subsection (a). Each report shall 
set forth the results of the review and assessment concerned and shall 
include such recommendations for legislative or administrative action 
as the Secretary of Defense with respect to Department of Defense 
programs, the Secretary of Veterans Affairs with respect to Department 
of Veterans Affairs programs, or the Secretary of Defense and the 
Secretary of Veterans Affairs jointly consider appropriate.
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