[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2548 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2548

   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to furnish mental health care to certain former 
 members of the Armed Forces who are not otherwise eligible to receive 
                   such care, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2018

   Mr. Heller (for himself, Mr. Cornyn, Mr. Rubio, and Mr. Gardner) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to furnish mental health care to certain former 
 members of the Armed Forces who are not otherwise eligible to receive 
                   such care, 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 ``Veteran Urgent Access to Mental 
Healthcare Act''.

SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CERTAIN FORMER MEMBERS OF 
              THE ARMED FORCES.

    (a) In General.--Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1720H the following new section:
``Sec. 1720I. Expansion of mental health care for certain former 
              members of the Armed Forces
    ``(a) In General.--The Secretary shall furnish to former members of 
the Armed Forces described in subsection (b)--
            ``(1) an initial mental health assessment; and
            ``(2) the mental health care services authorized under this 
        chapter that the Secretary determines are required to treat the 
        mental health care needs of the former member, including risk 
        of suicide or harming others.
    ``(b) Former Members of the Armed Forces Described.--A former 
member of the Armed Forces described in this subsection is an 
individual who meets the following criteria:
            ``(1) The individual is a former member of the Armed 
        Forces, including the reserve components, who--
                    ``(A) served in the active military, naval, or air 
                service, and was discharged or released therefrom under 
                a condition that is not honorable except--
                            ``(i) dishonorable; or
                            ``(ii) bad conduct discharge;
                    ``(B) has applied for a character of service 
                determination and such determination has not been made; 
                and
                    ``(C) is not otherwise eligible to enroll in the 
                health care system established under section 1705 of 
                this title by reason of such discharge or release not 
                meeting the requirements of section 101(2) of this 
                title.
            ``(2) While serving in the Armed Forces, the former 
        member--
                    ``(A) was deployed in a theater of combat 
                operations or an area at a time during which 
                hostilities occurred in that area;
                    ``(B) participated in or experienced such combat 
                operations or hostilities, including by controlling an 
                unmanned aerial vehicle from a location other than such 
                theater or area; or
                    ``(C) was the victim of a physical assault of a 
                sexual nature, battery of a sexual nature, or sexual 
                harassment (as defined in section 1720D(f) of this 
                title).
    ``(c) Non-Department Care.--(1) In furnishing mental health care 
services to an individual under this section, the Secretary may provide 
such mental health care services at a non-Department facility if--
            ``(A) in the judgment of a mental health professional 
        employed by the Department, the receipt of mental health care 
        services by that individual in facilities of the Department 
        would be clinically inadvisable; or
            ``(B) facilities of the Department are not capable of 
        furnishing such mental health care services to that individual 
        economically because of geographical inaccessibility.
    ``(2) The Secretary shall carry out paragraph (1) pursuant to 
section 1703 of this title or any other provision of law authorizing 
the Secretary to enter into contracts or agreements to furnish hospital 
care and medical services to veterans at non-Department facilities.
    ``(d) Setting and Referrals.--In furnishing mental health care 
services to an individual under this section, the Secretary shall--
            ``(1) seek to ensure that such mental health care services 
        are furnished in a setting that is therapeutically appropriate, 
        taking into account the circumstances that resulted in the need 
        for such mental health care services; and
            ``(2) provide referral services to assist former members 
        who are not eligible for services under this chapter to obtain 
        services from sources outside the Department.
    ``(e) Information.--(1) The Secretary shall provide information on 
the mental health care services available under this section.
    ``(2) Efforts by the Secretary to provide information under 
paragraph (1)--
            ``(A) shall include availability of a toll-free telephone 
        number (commonly referred to as an 800 number);
            ``(B) shall ensure that information about the mental health 
        care services available under this section--
                    ``(i) is revised and updated as appropriate;
                    ``(ii) is made available and visibly posted at 
                appropriate facilities of the Department; and
                    ``(iii) is made available to State veterans 
                agencies and through appropriate public information 
                services; and
            ``(C) shall include coordination with the Secretary of 
        Defense seeking to ensure that members of the Armed Forces and 
        individuals who are being separated from active military, 
        naval, or air service are provided appropriate information 
        about programs, requirements, and procedures for applying for 
        mental health care services under this section.
    ``(f) Annual Reports.--(1) Not less frequently than annually, the 
Secretary shall submit to Congress a report on the mental health care 
services provided pursuant to this section.
    ``(2) Each report submitted under paragraph (1) shall include data 
for the year covered by the report with respect to each of the 
following:
            ``(A) The number of individuals who received mental health 
        care services under subsection (a), disaggregated by the number 
        of men who received such services and the number of women who 
        received such services.
            ``(B) Such other information as the Secretary considers 
        appropriate.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by inserting after the item 
relating to section 1720H the following new item:

``1720I. Expansion of mental health care for certain former members of 
                            the Armed Forces.''.

SEC. 3. CHARACTER OF SERVICE DETERMINATIONS.

    (a) In General.--Chapter 53 of title 38, United States Code, is 
amended by inserting after section 5303A the following new section:
``Sec. 5303B. Character of service determinations
    ``(a) Determination.--The Secretary shall establish a process by 
which an individual who served in the Armed Forces and was discharged 
or dismissed therefrom may seek a determination from the Secretary with 
respect to whether such discharge or release was under a condition that 
bars the right of such individual to a benefit under the laws 
administered by the Secretary based upon the period of service from 
which discharged or dismissed.
    ``(b) Provision of Information.--If the Secretary determines under 
subsection (a) that an individual is barred to a benefit under the laws 
administered by the Secretary, the Secretary shall provide to such 
individual information regarding the ability of the individual to 
address such condition, including pursuant to section 5303 of this 
title and chapter 79 of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of such title is amended by inserting after the item 
relating to section 5303A the following new item:

``5303B. Character of service determinations.''.
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