1.This Act may be cited as the
Service Members Mental Health Screening
Act
.
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)Chapter 55 of title 10, United States Code, is amended by
inserting after section 1074l the following new section:
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)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)(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)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)(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)The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations for the
administration of this section.
(h)(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)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)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)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.