[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5036 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5036
To amend titles 36 and 38, United States Code, to direct the Secretary
of Veterans Affairs to carry out actions for certain surviving family
members of veterans deceased as the result of suicide, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2021
Mr. Van Drew introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles 36 and 38, United States Code, to direct the Secretary
of Veterans Affairs to carry out actions for certain surviving family
members of veterans deceased as the result of suicide, 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. GREEN STAR FLAG FOR NEXT OF KIN OF VETERANS DECEASED AS
RESULT OF SUICIDE.
(a) Green Star Flag.--Chapter 9 of title 36, United States Code, is
amended by adding at the end the following new section:
``Sec. 904. Green Star Flag
``(a) Designation.--The Secretary of Veterans Affairs shall design
and designate a flag as the Green Star Flag to identify next of kin of
covered veterans.
``(b) Individuals Entitled To Display Green Star Flag.--An
individual who is next of kin of a covered veteran may display the
Green Star Flag.
``(c) License To Manufacture and Sell.--Any person may apply to the
Secretary for a license to manufacture and sell the designated Green
Star Flag. A person that manufactures a Green Star Flag without having
first obtained a license or otherwise violates this section is liable
to the United States for a civil penalty of not more than $1,000.
``(d) Definitions.--In this section:
``(1) The term `covered veteran' means a veteran who died--
``(A) on or after September 11, 2001; and
``(B) as the result of suicide.
``(2) The term `next of kin' includes--
``(A) a family member, as that term is defined in
section 1720K of title 38; and
``(B) any individual specified by the Secretary in
regulations prescribed pursuant to this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``904. Green Star Flag.''.
SEC. 2. COUNSELING PROGRAM FOR CERTAIN FAMILY MEMBERS AND CAREGIVERS OF
VETERANS DECEASED AS A RESULT OF SUICIDE.
(a) Counseling Program.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1720K. Counseling program for certain family members and
caregivers of veterans deceased as a result of suicide
``(a) Counseling Program.--(1) Subject to paragraph (2), the
Secretary shall furnish, at no cost to the recipient, counseling
services to--
``(A) the next of kin of covered veterans; and
``(B) former volunteer caregivers of covered veterans.
``(2) The Secretary may provide counseling services under this
section only if the Secretary determines such counseling services are--
``(A) reasonably accessible to the an individual described
in paragraph (1); and
``(B) substantially equivalent or superior to similar
services furnished by the Secretary to an individual described
in paragraph (1).
``(3) To carry out subsection (a), the Secretary may enter into an
agreement with a Federal, State, or private entity. The Secretary may
provide fair compensation to such entity pursuant to such agreement.
``(b) Public Awareness.--In carrying out the program under
subsection (a), the Secretary shall--
``(1) publish information relating to the program on an
internet website of the Department; and
``(2) provide information relating to the program to any
individual described in paragraph (1).
``(c) Definitions.--In this section:
``(1) The terms `covered veteran' and `next of kin' has the
meaning given that term in section 904 of title 36.
``(2) The term `covered veterans service organization'
includes--
``(A) an organization recognized by the Secretary
for the representation of veterans under section 5902
of this title; and
``(B) an organization--
``(i) that is described in section
501(c)(3) or 501(c)(19) of the Internal Revenue
Code of 1986 and is exempt from taxation under
section 501(a) of such Code; and
``(ii) that carries out activities relating
to veterans and their assistance.
``(3) The term `family member' means, with respect to a
covered veteran, an individual--
``(A) who is a member of the family of the veteran,
including--
``(i) a parent or legal guardian;
``(ii) a spouse;
``(iii) a child;
``(iv) a step-family member; and
``(v) an extended family member; or
``(B) who, prior to the death of the covered
veteran, lived with the covered veteran.
``(4) The term `former volunteer caregiver' means, with
respect to a covered veteran, an individual--
``(A) who is at least 18 years of age; and
``(B) who, prior to the death of the covered
veteran, and in connection with a covered veterans
service organization, furnished the covered veteran
with counseling, social work, or other personal care
services--
``(i) without compensation to such
individual; and
``(ii) for a period of at least three
months.
``(5) The term `personal care services' has the meaning
given that term in section 1720G of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 17 of such title is amended by inserting,
after the item relating to section 1720J, the following new item:
``1720K. Counseling program for certain family members and caregivers
of veterans deceased as a result of
suicide.''.
(c) Commencement.--The Secretary of Veterans Affairs shall carry
out section 1720K of such title, as added by subsection (a), by not
later than 90 days after the date of the enactment of this Act.
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