[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2300 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2300

  To amend title 10, United States Code, to require the Secretary of 
 Defense to conduct periodic mental health assessments for members of 
 the Armed Forces and to submit reports with respect to mental health, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2014

  Mr. Donnelly (for himself and Mr. Wicker) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to require the Secretary of 
 Defense to conduct periodic mental health assessments for members of 
 the Armed Forces and to submit reports with respect to mental health, 
                        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 ``Jacob Sexton Military Suicide 
Prevention Act of 2014''.

SEC. 2. ANNUAL MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED 
              FORCES.

    (a) Mental Health Assessments.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by inserting after section 1074m the following 
        new section:
``Sec. 1074n. Annual mental health assessments for members of the armed 
              forces
    ``(a) Mental Health Assessments.--Subject to subsection (d), not 
less frequently than once each calendar year, the Secretary of Defense 
shall provide a person-to-person mental health assessment for--
            ``(1) each member of the armed forces on active duty; and
            ``(2) each member of the Ready Reserve of an armed force.
    ``(b) Purpose.--The purpose of a mental health assessment provided 
pursuant to this section shall be to identify mental health conditions 
among members of the armed forces in order to determine which such 
members are in need of additional care, treatment, or other services 
for such health conditions.
    ``(c) Elements.--The mental health assessments provided pursuant to 
this section shall--
            ``(1) be conducted in accordance with the requirements of 
        subsection (c)(1) of section 1074m of this title with respect 
        to a mental health assessment provided pursuant to such 
        section; and
            ``(2) include a review of the health records of the member 
        that are related to each previous health assessment or other 
        relevant activities of the member while serving in the armed 
        forces, as determined by the Secretary.
    ``(d) Sufficiency of Other Mental Health Assessments.--(1) The 
Secretary is not required to provide a mental health assessment 
pursuant to this section to an individual in a calendar year in which 
the individual has received a mental health assessment pursuant to 
section 1074m of this title.
    ``(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 of this title, 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.
    ``(e) Reports.--(1) Not less frequently than once each year, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report on the annual mental health assessments of 
members of the armed forces conducted pursuant to this section.
    ``(2) Each report required by paragraph (1) shall include, with 
respect to assessments conducted pursuant to this section during the 
one-year period preceding the date of the submittal of such report, the 
following:
            ``(A) The number of members who received an assessment.
            ``(B) A description of the tools and processes used to 
        provide such assessments, including--
                    ``(i) whether such tools and processes are 
                evidenced-based; and
                    ``(ii) the process by which such tools and 
                processes have been approved for use in providing 
                mental health assessments.
            ``(C) A description of the mental health conditions 
        detected through such assessments.
            ``(D) The number of members referred for care and services 
        based on mental health conditions detected through such 
        assessments.
            ``(E) Such recommendations for improving the monitoring and 
        reporting of the number of members who receive care and 
        services based on such referrals as the Secretary considers 
        appropriate.
            ``(F) Such recommendations for improving the tools and 
        processes used to conduct such assessments, including tools 
        that may address the underreporting of mental health 
        conditions, as the Secretary considers appropriate.
    ``(3) No personally identifiable information may be included in any 
report under paragraph (1).
    ``(f) Privacy Matters.--Any medical or other personal information 
obtained under this section shall be protected from disclosure or 
misuse in accordance with the laws on privacy applicable to such 
information.
    ``(g) Regulations.--The Secretary of Defense shall, in consultation 
with the other administering Secretaries, prescribe regulations for the 
administration of this section.''.
            (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 1074m the following new 
        item:

``1074n. Annual mental health assessments for members of the armed 
                            forces.''.
            (3) Implementation.--Not later than 180 days after the date 
        of the issuance of the regulations prescribed under section 
        1074n(g) of title 10, United States Code, as added by paragraph 
        (1) of this subsection, the Secretary of Defense shall 
        implement such regulations.
    (b) Conforming Amendment.--Section 1074m(e)(1) of such title is 
amended by inserting ``and section 1074n of this title'' after 
``pursuant to this section''.

SEC. 3. INTERAGENCY WORKING GROUP ON THE PROVISION OF MENTAL HEALTH 
              SERVICES TO MEMBERS OF THE NATIONAL GUARD AND THE 
              RESERVES.

    (a) Establishment.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretaries of the military departments, the Assistant 
Secretary of Defense for Reserve Affairs, the Assistant Secretary of 
Defense for Health Affairs, the Chief of the National Guard Bureau, and 
the Secretary of Health and Human Services, convene an interagency 
working group to review and recommend collaborative approaches to 
improving the provision of mental health services to members of the 
National Guard and the Reserves.
    (b) Duties.--The duties of the interagency working group convened 
pursuant to subsection (a) are as follows:
            (1) To review existing programs that can be used to improve 
        the provision of accessible, timely, and high-quality mental 
        health services to members of the National Guard and the 
        Reserves.
            (2) To recommend new interagency programs and partnerships 
        to improve the provision of such mental health services to such 
        members.
            (3) To recommend best practices for partnerships among the 
        Armed Forces, the National Guard, the Department of Health and 
        Human Services, States, and private and academic entities to 
        improve the provision of mental health care to members of the 
        National Guard and the Reserves.
    (c) Consultation.--In carrying out the duties under subsection (b), 
the interagency working group may consult with representatives of 
academia, industry, and such other relevant agencies, organizations, 
and institutions as the interagency working group considers 
appropriate.
    (d) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the appropriate committees of Congress a report that 
        includes the findings and recommendations of the interagency 
        working group.
            (2) Appropriate committees of congress.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the congressional defense committees, as that 
                term is defined in section 101(a)(16) of title 10, 
                United States Code;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate; and
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives.
    (e) Privacy Matters.--
            (1) In general.--Any medical or other personal information 
        obtained pursuant to any provision of this section shall be 
        protected from disclosure or misuse in accordance with the laws 
        on privacy applicable to such information.
            (2) Exclusion of personally identifiable information from 
        reports.--No personally identifiable information may be 
        included in any report required by subsection (d).

SEC. 4. REPORT ON IMPROVEMENTS IN THE IDENTIFICATION AND TREATMENT OF 
              MENTAL HEALTH CONDITIONS AND TRAUMATIC BRAIN INJURY AMONG 
              MEMBERS OF THE ARMED FORCES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report setting forth an 
evaluation of specific tools, processes, and best practices to improve 
the identification of and treatment by the Armed Forces of mental 
health conditions and traumatic brain injury among members of the Armed 
Forces.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) An evaluation of existing peer-to-peer identification 
        and intervention programs in each of the Armed Forces.
            (2) An evaluation of the Star Behavioral Health Providers 
        program and similar programs that provide training and 
        certification to health care providers that treat mental health 
        conditions and traumatic brain injury in members of the Armed 
        Forces.
            (3) An evaluation of programs and services provided by the 
        Armed Forces that provide training and certification to 
        providers of cognitive rehabilitation and other rehabilitation 
        for traumatic brain injury to members of the Armed Forces.
            (4) An evaluation of programs and services provided by the 
        Armed Forces that target members of the Armed Forces and family 
        members affected by suicides among members of the Armed Forces.
            (5) An evaluation of tools and processes used by the Armed 
        Forces to identify traumatic brain injury in members of the 
        Armed Forces and to distinguish mental health conditions likely 
        caused by traumatic brain injury from mental health conditions 
        caused by other factors.
            (6) An evaluation of the unified effort of the Armed Forces 
        to promote mental health and prevent suicide through the 
        integration of clinical and non-clinical programs of the Armed 
        Forces.
            (7) Recommendations with respect to improving, 
        consolidating, expanding, and standardizing the programs, 
        services, tools, processes, and efforts described in paragraphs 
        (1) through (6).
            (8) A description of existing efforts to reduce the time 
        from development and testing of new mental health and traumatic 
        brain injury tools and treatments for members of the Armed 
        Forces to widespread dissemination of such tools and treatments 
        among the Armed Forces.
            (9) Recommendations as to the feasibility and advisability 
        of establishing preliminary mental health assessments and pre-
        discharge mental health assessments for members of the Armed 
        Forces, including the utility of using tools and processes in 
        such mental health assessments that conform to those used in 
        other mental health assessments provided to members of the 
        Armed Forces.
            (10) Recommendations on tracking changes in the mental 
        health assessment of a member of the Armed Forces relating to 
        traumatic brain injury, post-traumatic stress disorder, 
        depression, anxiety, and other conditions.
            (11) A description of the methodology used by the Secretary 
        in preparing the report required by this section, including a 
        description of the input provided by the entity and individuals 
        consulted pursuant to subsection (c).
    (c) Consultation.--The Secretary of Defense shall carry out this 
section in consultation with the following:
            (1) An advisory council composed of--
                    (A) behavioral health officers of the Public Health 
                Service; and
                    (B) mental health and other health providers who 
                serve members of the regular and reserve components of 
                each Armed Force.
            (2) The Assistant Secretary of Defense for Health Affairs.
            (3) The Assistant Secretary of Defense for Reserve Affairs.
            (4) The Secretaries of the military departments.
            (5) The Chief of the National Guard Bureau.
            (6) The Secretary of Veterans Affairs.
            (7) The Secretary of Health and Human Services.
            (8) The Director of the Centers for Disease Control and 
        Prevention.
            (9) The Administrator of the Substance Abuse and Mental 
        Health Services Administration.
            (10) The Director of the National Institutes of Health.
            (11) The President of the Institute of Medicine.
    (d) Privacy Matters.--
            (1) In general.--Any medical or other personal information 
        obtained pursuant to any provision of this section shall be 
        protected from disclosure or misuse in accordance with the laws 
        on privacy applicable to such information.
            (2) Exclusion of personally identifiable information from 
        reports.--No personally identifiable information may be 
        included in any report required by subsection (a).
    (e) Definitions.--In this section:
            (1) Preliminary mental health assessment.--The term 
        ``preliminary mental health assessment'' means a mental health 
        assessment conducted with respect to an individual before the 
        individual enlists in the Armed Forces or is commissioned as an 
        officer in the Armed Forces.
            (2) Pre-discharge mental health assessment.--The term 
        ``pre-discharge mental health assessment'' means a mental 
        health assessment conducted with respect to an individual 
        during the 90-day period preceding the date of discharge or 
        release of the individual from the Armed Forces.
                                 <all>