[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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