[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8268 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8268

   To amend title 38, United States Code, to direct the Secretary of 
   Veterans Affairs to furnish mental and behavioral health care to 
 certain individuals discharged or released from the active military, 
 naval, or air service under conditions other than honorable, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2020

 Ms. Escobar introduced the following bill; which was 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 and behavioral health care to 
 certain individuals discharged or released from the active military, 
 naval, or air service under conditions other than honorable, 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 Our Commitment Act of 2020''.

SEC. 2. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS MENTAL AND BEHAVIORAL 
              HEALTH CARE FOR CERTAIN INDIVIDUALS DISCHARGED OR 
              RELEASED FROM THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE 
              UNDER CONDITIONS OTHER THAN HONORABLE.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1712C the following 
new section:
``Sec. 1712D. Mental and behavioral health care for certain individuals 
              discharged or released from the active military, naval, 
              or air service under conditions other than honorable
    ``(a) In General.--Notwithstanding section 5303(a) of this title 
and subject to subsection (c), the Secretary shall furnish to an 
eligible individual covered mental and behavioral health care.
    ``(b) Eligible Individuals.--For purposes of this section, an 
eligible individual is any of the following:
            ``(1) An individual who--
                    ``(A) served in the active military, naval, or air 
                service for a period of more than 180 days and was 
                deployed in a theater of combat operations or an area 
                at a time during which hostilities are occurring in 
                that area for a period of more than 30 days during such 
                service;
                    ``(B) was discharged or released from such service 
                by reason of committing a covered offense; and
                    ``(C) was diagnosed by a qualified mental health 
                care provider with a mental or behavioral health 
                condition before committing the covered offense.
            ``(2) An individual who--
                    ``(A) served in the active military, naval, or air 
                service for a period of more than 180 days and was 
                deployed in a theater of combat operations or an area 
                at a time during which hostilities are occurring in 
                that area for a period of more than 30 days during such 
                service;
                    ``(B) was discharged or released from such service 
                by reason of committing a covered offense;
                    ``(C) is diagnosed with a mental or behavioral 
                health condition after committing such covered offense 
                but before the expiration of the five-year period 
                beginning on the later of--
                            ``(i) the date of the enactment of the 
                        Honor Our Commitment Act of 2020; or
                            ``(ii) the date on which the individual is 
                        discharged or released from such service;
                    ``(D) submits to the Secretary--
                            ``(i) a certification from a qualified 
                        mental health care provider that the provider 
                        believes such condition may have led the 
                        individual to commit such offense; and
                            ``(ii) the Certificate of Release or 
                        Discharge from Active Duty (DD Form 214) of the 
                        individual; and
                    ``(E) is determined by the Secretary pursuant to 
                subsection (c) to have had a mental or behavioral 
                health condition at the time the individual committed 
                the covered offense that contributed to the commission 
                of the offense.
    ``(c) Determination by Secretary.--(1) Not later than 90 days after 
receiving the information submitted under subsection (b)(2)(D) with 
respect to an individual, the Secretary shall determine whether, at the 
time of committing the covered offense, the individual had a mental or 
behavioral health condition that contributed to the commission of the 
offense.
    ``(2) If the Secretary does not make a determination under 
paragraph (1) with respect to a mental or behavioral health condition 
of an individual before the end of the 90-day period beginning on the 
date of the submittal of the information described in subsection 
(b)(2)(D), the condition is deemed to be a mental or behavioral health 
condition that contributed to the commission of the offense until such 
time as the Secretary makes the determination.
    ``(d) Initial Mental Health Screening.--(1) The Secretary may 
furnish to each individual described in paragraph (2) an initial mental 
health screening not later than the later of--
            ``(A) five years after the date of the enactment of the 
        Honor Our Commitment Act of 2020; or
            ``(B) five years after the date on which the individual was 
        discharged or released from the active military, naval, or air 
        service.
    ``(2) Individuals described in this paragraph are the following:
            ``(A) Eligible individuals described in subsection (b)(1).
            ``(B) Individuals described in subparagraphs (A), (B), and 
        (C) of subsection (b)(2).
    ``(3) The mental health screening provided to an individual under 
paragraph (1) shall be at no cost to the individual.
    ``(e) Notification of Eligibility.--The Secretary shall notify each 
eligible individual described in subsection (b)(1) about the 
eligibility of the individual for covered mental and behavioral health 
care under this section not later than the later of--
            ``(1) 180 days after the date of the enactment of the Honor 
        Our Commitment Act of 2020; or
            ``(2) 180 days after the date on which the individual was 
        discharged or released from the active military, naval, or air 
        service.
    ``(f) Annual Report.--Not less frequently than annually, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report that includes, with respect to the year 
preceding the submittal of the report, the following:
            ``(1) The number of eligible individuals who were furnished 
        covered mental and behavioral health care under this section.
            ``(2) The number of individuals who the Secretary 
        determined under subsection (c) did not have a mental or 
        behavioral health condition at the time of committing a covered 
        offense that contributed to the commission of the offense.
            ``(3) The number of individuals who requested an initial 
        mental health screening under subsection (d).
            ``(4) The number of individuals who were furnished an 
        initial mental health screening under subsection (d).
    ``(g) Definitions.--In this section:
            ``(1) The term `covered mental and behavioral health care' 
        means the same types of medical services furnished by the 
        Department to individuals with service-connected mental or 
        behavioral health conditions to treat such conditions.
            ``(2) The term `covered offense' means an offense for which 
        an individual is discharged or separated from the active 
        military, naval, or air service under conditions other than 
        honorable but not a dishonorable discharge or a discharge by 
        court-martial.
            ``(3) The term `qualified mental health care provider' 
        means a licensed or certified health care provider whose scope 
        of practice includes diagnosing mental or behavioral health 
        conditions and includes physicians, psychologists, psychiatric 
        nurse practitioners, physician assistants, clinical social 
        workers, and licensed professional counselors.''.
    (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 1712C the following new item:

``1712D. Mental and behavioral health care for certain individuals 
                            discharged or released from the active 
                            military, naval, or air service under 
                            conditions other than honorable.''.
    (c) Effective Date.--Section 1712D of title 38, United States Code, 
as added by subsection (a), shall take effect on the date that is 120 
days after the date of the enactment of this Act.
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