[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1942 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1942

  To amend title 10, United States Code, to improve the mental health 
assessments provided to members of the Armed Forces deployed in support 
                      of a contingency operation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

    Mr. Carson of Indiana (for himself, Mr. Grijalva, Mr. Baca, Mr. 
   McGovern, and Mr. Stark) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve the mental health 
assessments provided to members of the Armed Forces deployed in support 
                      of a contingency operation.

    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 ``Service Members Mental Health 
Screening Act''.

SEC. 2. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
              DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

    (a) Mental Health Examinations During a Deployment.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by inserting after section 1074l the following 
        new section:
``Sec. 1074m. Mental health assessments for members of the armed forces 
              deployed in support of a contingency operation
    ``(a) Mental Health Assessments.--(1) The Secretary of Defense 
shall provide a person-to-person mental health assessment for each 
member of the armed forces who is deployed in support of a contingency 
operation as follows:
            ``(A) Once during the period beginning 60 days before the 
        date of the deployment.
            ``(B) Once during each 180-day period in which the member 
        is so deployed.
            ``(C) Once during the period beginning 90 days after the 
        date of redeployment from the contingency operation and ending 
        180 days after such redeployment date.
            ``(D) Subject to subsection (d), not later than once during 
        each of--
                    ``(i) the period beginning 180 days after the date 
                of redeployment from the contingency operation and 
                ending one year after such redeployment date;
                    ``(ii) the period beginning one year after such 
                redeployment date and ending two years after such 
                redeployment date; and
                    ``(iii) the period beginning two years after such 
                redeployment date and ending three years after such 
                redeployment date.
    ``(2) A mental health assessment is not required for a member of 
the armed forces under subparagraphs (C) and (D) of paragraph (1) if 
the Secretary determines that--
            ``(A) the member was not subjected or exposed to 
        operational risk factors during deployment in the contingency 
        operation concerned; or
            ``(B) providing such assessment to the member during the 
        time periods under such subparagraphs would remove the member 
        from forward deployment or put members or operational 
        objectives at risk.
    ``(b) Purpose.--The purpose of the mental health assessments 
provided pursuant to this section shall be to identify post-traumatic 
stress disorder, traumatic brain injury, suicidal tendencies, and other 
behavioral health conditions 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 
conditions.
    ``(c) Elements.--(1) The mental health assessments provided 
pursuant to this section shall--
            ``(A) be performed by personnel trained and certified to 
        perform such assessments and may be performed--
                    ``(i) by licensed mental health professionals if 
                such professionals are available and the use of such 
                professionals for the assessments would not impair the 
                capacity of such professionals to perform higher 
                priority tasks; and
                    ``(ii) by personnel at private facilities in 
                accordance with section 1074(c) of this title.
            ``(B) include a person-to-person dialogue between members 
        of the armed forces described in subsection (a) and the 
        professionals or personnel described by paragraph (1), as 
        applicable, on such matters as the Secretary shall specify in 
        order that the assessments achieve the purpose specified in 
        subsection (b) for such assessments;
            ``(C) be conducted in a private setting to foster trust and 
        openness in discussing sensitive health concerns;
            ``(D) be provided in a consistent manner across the 
        military departments; and
            ``(E) include a review of the health records of the member 
        that are related to each previous deployment of the member or 
        other relevant activities of the member while serving in the 
        armed forces, as determined by the Secretary.
    ``(2) The Secretary may treat periodic health assessments and other 
person-to-person assessments that are provided to members of the armed 
forces, including examinations under section 1074f, as meeting the 
requirements for mental health assessments required under this section 
if the Secretary determines that such assessments and person-to-person 
assessments meet the requirements for mental health assessments 
established by this section.
    ``(d) Cessation of Assessments.--No mental health assessment is 
required to be provided to an individual under subsection (a)(1)(D) 
after the individual's discharge or release from the armed forces.
    ``(e) Diagnoses During Deployment.--(1) In order to prevent 
suicide, self-harm, harm to others, and under-performance of members of 
the armed forces, the Secretary shall, with respect to a member 
described in paragraph (2)--
                    ``(A) retire the member pursuant to section 1201 of 
                this title if such member is otherwise qualified for 
                such retirement; or
                    ``(B) redeploy such member from the contingency 
                operation to a location where the member may receive 
                appropriate medical treatment.
    ``(2) A member described in this paragraph is a member of the armed 
forces who, as a result of a mental health assessment conducted under 
subsection (a)(1)(B)--
            ``(A) is diagnosed with post-traumatic stress disorder, 
        traumatic brain injury, suicidal tendencies, or other 
        behavioral health condition; and
            ``(B) as part of such diagnosis, is determined to--
                    ``(i) require care or monitoring that the Secretary 
                determines cannot be provided while the member is 
                deployed in support of a contingency operation;
                    ``(ii) be at risk of self-harm or harming other 
                members of the armed forces; or
                    ``(iii) be unable to perform duties assigned during 
                such deployment.
    ``(f) Sharing of Information.--(1) 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 assessments, including mental health assessments provided 
pursuant to this section and health assessments and other person-to-
person assessments provided before the date of the enactment of this 
section 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 the 
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) 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 section 1614 of that Act (122 Stat. 443; 10 U.S.C. 
        1071 note).
            ``(B) Section 1720F of title 38.
    ``(3) Before each mental health assessment is conducted under 
subsection (a), the Secretary of Defense shall ensure that the member 
of the armed forces is notified of the sharing of information with the 
Secretary of Veterans Affairs under this subsection.
    ``(g) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(h) Reports.--(1) Upon the issuance of the regulations prescribed 
under subsection (g), the Secretary of Defense shall submit to Congress 
a report describing such regulations.
    ``(2)(A) Not later than 270 days after the date of the issuance of 
the regulations prescribed under subsection (g), the Secretary shall 
submit to Congress an initial report on the implementation of the 
regulations by the military departments.
    ``(B) Not later than two years after the date of the issuance of 
the regulations prescribed under subsection (g), the Secretary shall 
submit to Congress a report on the implementation of the regulations by 
the military departments. The report shall include an evidence-based 
assessment of the effectiveness of the mental health assessments 
provided pursuant to the regulations in achieving the purpose specified 
in subsection (b) for such assessments.''.
            (2) 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. Mental health assessments for members of the armed forces 
                            deployed in support of a contingency 
                            operation.''.
            (3) Regulations.--The Secretary of Defense shall prescribe 
        an interim final rule with respect to the amendment made by 
        paragraph (1), effective not later than 90 days after the date 
        of the enactment of this Act.
    (b) Conforming Repeal.--Section 708 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2376; 10 U.S.C. 1074f note) is repealed.
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