[House Report 114-365]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-365
======================================================================
FEMALE VETERAN SUICIDE PREVENTION ACT
_______
December 3, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 2915]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2915) to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to identify mental
health care and suicide prevention programs and metrics that
are effective in treating women veterans as part of the
evaluation of such programs by the Secretary, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 8
Constitutional Authority Statement............................... 8
Applicability to Legislative Branch.............................. 8
Statement on Duplication of Federal Programs..................... 8
Disclosure of Directed Rulemaking................................ 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill as Reported............. 9
Amendment
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Female Veteran Suicide Prevention
Act''.
SEC. 2. SPECIFIC CONSIDERATION OF WOMEN VETERANS IN EVALUATION OF
DEPARTMENT OF VETERANS AFFAIRS MENTAL HEALTH CARE
AND SUICIDE PREVENTION PROGRAMS.
Section 1709B(a)(2) of title 38, United States Code, is amended--
(1) in subparagraph (A), by inserting before the semicolon
the following: ``, including specific metrics applicable to
women'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(F) identify the mental health care and suicide prevention
programs conducted by the Secretary that are most effective for
women veterans and such programs with the highest satisfaction
rates among women veterans.''.
SEC. 3. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED IN CLASSIFIED
MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that veterans who
experience combat-related mental health wounds should have immediate,
appropriate, and consistent access to comprehensive mental health care.
(b) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following section:
``Sec. 1720H. Mental health treatment for veterans who served in
classified missions
``(a) Establishment of Standards.--(1) The Secretary shall establish
standards and procedures to ensure that each covered veteran may access
mental health care provided by the Secretary in a manner that fully
accommodates the obligation of the veteran to not improperly disclose
classified information.
``(2) The Secretary shall disseminate guidance to employees of the
Veterans Health Administration, including mental health professionals,
on the standards and procedures established under paragraph (1) and how
to best engage covered veterans during the course of mental health
treatment with respect to classified information.
``(b) Identification.--In carrying out this section, the Secretary
shall ensure that a veteran may elect to identify as a covered veteran
on an appropriate form.
``(c) Definitions.--In this section:
``(1) The term `classified information' means any information
or material that has been determined by an official of the
United States pursuant to law, an Executive order, or
regulation to require protection against unauthorized
disclosure for reasons of national security.
``(2) The term `covered veteran' means a veteran who--
``(A) is enrolled in the health care system
established under section 1705(a) of this title;
``(B) is seeking mental health treatment; and
``(C) in the course of serving in the Armed Forces,
participated in a sensitive mission or served in a
sensitive unit.
``(3) The term `sensitive mission' means a mission of the
Armed Forces that, at the time at which a covered veteran seeks
treatment, is classified.
``(4) The term `sensitive unit' has the meaning given that
term in section 130b(c)(4) of title 10.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1720G the following new item:
``1720H. Mental health treatment for veterans who served in classified
missions.''.
Amend the title so as to read:
A bill to amend title 38, United States Code, to direct the
Secretary of Veterans Affairs to identify mental health care
and suicide prevention programs and metrics that are effective
in treating women veterans as part of the evaluation of such
programs by the Secretary, and for other purposes.
Purpose and Summary
H.R. 2915, the Female Veteran Suicide Prevention Act, was
introduced by Representative Julia Brownley of California on
June 25, 2015. H.R. 2915, as amended, incorporates the text of
H.R. 2915 and includes provisions from H.R. 421, which was
introduced by Representative Kyrsten Sinema of Arizona on
January 20, 2015.
H.R. 2915, as amended, would: (1) direct the Department of
Veterans Affairs (VA) to identify mental health care and
suicide prevention programs that are most effective and have
the highest satisfaction rates among women veterans; and, (2)
require VA to establish and disseminate standards and
procedures to ensure that a veteran who participated in a
classified mission or served in a sensitive unit while in the
Armed Forces may access VA mental health care in a manner that
fully accommodates his/her obligation not to improperly
disclose classified information.
Background and Need for Legislation
Section 2--Specific consideration of women veterans in evaluation of
Department of Veterans Affairs mental health care and suicide
prevention programs
Congress has long recognized the unacceptable rates of
suicide among the nation's veterans. Most recently, Congress
passed the Clay Hunt Suicide Prevention for American Veterans
Act (P.L. 114-2, 129 Stat. 30), which requires an independent
third party to evaluate VA mental health care and suicide
prevention programs, to include: (1) metrics that are common
and useful for mental health and suicide prevention
practitioners; (2) identify most effective programs; (3)
identify the cost-effectiveness of each program; and (4)
propose best practices.
VA's most recent suicide data report was released on
February 1, 2013.\1\ That report found that 18 to 22 veterans
per day die as a result of suicide, a number that has remained
stable since 1999 despite significant increases in VA's mental
health and suicide prevention budget, programs, and staff. In
January 2014, VA released an update to the 2012 Suicide Data
Report that found increases in the suicide rate in female users
of the VA health care system. Importantly, this update found
increases in the suicide rate among female veterans who use the
VA health care system.\2\ This finding echoes recent research
that found female veterans commit suicide at nearly six times
the rate of other women,\3\ and that women veterans are five
times more likely to commit suicide than male veterans.\4\
These findings call into question the efficacy of VA's mental
health and suicide prevention programs for female veterans and
highlight the need for an increased focus on mental health care
and suicide prevention efforts among women, who are one of the
fastest growing subpopulations of veterans. However, most of
VA's research regarding suicide has focused on male veterans,
who account for more than 90% of the veteran population.
---------------------------------------------------------------------------
\1\See, Suicide Data Report, 2012, Department of Veterans Affairs
Mental Health Services Suicide Prevention Program, http://www.va.gov/
opa/docs/suicide-data-report-2012-final.pdf.
\2\See, Suicide Rates in VHA Patients through 2011 with Comparisons
with Other Americans and other Veterans through 2012, http://
www.mentalhealth.va.gov/docs/Suicide_Data_
Report_Update_January_2014.pdf.
\3\See,``Suicide rate of female military veterans is called
`staggering''', Los Angeles Times, June 8, 2015. http://
www.latimes.com/nation/la-na-female-veteran-suicide-20150608-
story.html.
\4\See, ``Changes in Suicide Mortality for Veterans and Nonveterans
by Gender and History of VHA Service Use, 2000--2010'', Psychiatric
Services, Volume 66, Issue 9, September 01, 2015.
---------------------------------------------------------------------------
Section 2 would amend the Clay Hunt Suicide Prevention for
American Veterans Act to include, within the independent third
party evaluation, specific metrics applicable to women and to
identify the VA mental health care and suicide prevention
programs that are most effective and have the highest patient
satisfaction rates among women veterans.
Section 3--Mental health treatment of veterans who serve in classified
missions
The Committee believes that providing veterans in need with
accessible, high-quality, and responsive mental health care is
one of VA's most important missions. The Department alleges
that VA mental health providers treating veterans who served on
sensitive or classified missions during their military service
ensure that the treatment that is provided to these veterans
does not compromise their need for confidentiality. However,
serious concerns have been raised about the provision of mental
health care to these veterans following the suicide death of
Sergeant Daniel Somers, who had served on a number of
classified missions and was enrolled in VA group therapy
sessions despite his fears about inadvertently sharing
classified information in that setting. Sergeant Somers'
military service was largely classified and could not be
discussed with anyone lacking appropriate clearance. Enrolling
him in group therapy sessions over his objections created an
environment in which he felt that he was unable to seek care
due to his national security obligations. Tragically, Sergeant
Somers committed suicide in June 2013.
Section 3 of the bill would direct VA to establish
standards and procedures to ensure that veterans who
participated in classified missions or served in sensitive
units may access mental health care in a manner that fully
accommodates their obligation to not improperly disclose
classified information. The Committee urges the Secretary to
develop procedures to ensure that mental health professionals
caring for these veterans have appropriate security clearances,
as needed. VA would also be required to disseminate guidance to
VA employees--including mental health professionals--on these
standards and procedures and on how to best engage veterans
during the course of their mental health treatment with respect
to classified information. This provision would require the
Department to find alternative methods of mental health
treatment for veterans who need to access care without being
put in a position where they may reveal information that should
not be disclosed.
Hearings
There were no full Committee hearings held on H.R. 2915.
On July 14, 2015, the Subcommittee on Health conducted a
legislative hearing on various bills introduced in the 114th
Congress, including H.R. 2915 and H.R. 421. The following
witnesses testified:
The Honorable Tim Walberg, U.S. House of Representatives,
7th Congressional District, Michigan; The Honorable Sean Duffy,
U.S. House of Representatives, 7th Congressional District,
Wisconsin; The Honorable Steve Stivers, U.S. House of
Representatives, 15th Congressional District, Ohio; The
Honorable Kyrsten Sinema, U.S. House of Representatives, 9th
Congressional District, Arizona; The Honorable Doug Collins,
U.S. House of Representatives, 9th Congressional District,
Georgia; The Honorable Mike Coffman, U.S. House of
Representatives, 6th Congressional District, Colorado; The
Honorable Jeff Denham, U.S. House of Representatives, 10th
Congressional District, California; The Honorable Charles
Boustany, U.S. House of Representatives, 3rd Congressional
District, Louisiana; The Honorable Brad Wenstrup, U.S. House of
Representatives, 2nd Congressional District, Ohio; Ian de
Planque, Legislative Director, American Legion; Adrian Atizado,
Assistant National Legislative Director, Disabled American
Veterans; Carlos Fuentes, Senior Legislative Associate,
National Legislative Service, Veterans of Foreign Wars of the
United States; and, Madhulika Agarwal, MD, MPH, Deputy Under
Secretary for Health for Policy and Services, Veterans Health
Administration, U.S. Department of Veterans Affairs, who was
accompanied by Janet P. Murphy, MBA, Acting Deputy Under
Secretary for Health for Operations and Management, Veterans
Health Administration, U.S. Department of Veterans Affairs; and
Jessica Tanner, General Attorney, Office of General Counsel,
U.S. Department of Veterans Affairs.
Statements for the Record were submitted by:
The American Academy of Audiology and the American Speech-
Language Association; the Children of Vietnam Veterans Health
Alliance, the International Hearing Society; Iraq and
Afghanistan Veterans of America; the National Medical
Association; Paralyzed Veterans of America; VetsFirst, a
program of the United Spinal Association: Vietnam Veterans of
America; Warrior Canine Connection; the American Academy of
Ophthalmology; and, the American Medical Association.
Subcommittee Consideration
On July 22, 2015, the Subcommittee on Health met in open
markup session, a quorum being present, and favorably forwarded
to the full Committee H.R. 2915 and H.R. 421, as amended, by
voice vote. During consideration of the bills, the following
amendment was considered:
An amendment to H.R. 421 offered by Representative Julia
Brownley of California, which provided a short title of ``The
Sergeant Daniel Somers Classified Veterans Access to Care Act''
was agreed to by voice vote.
Committee Consideration
On September 17, 2015, the full Committee met in open
markup session, a quorum being present, and ordered H.R. 2915,
as amended, reported favorably to the House of Representatives,
by voice vote. During consideration of the bill, the following
amendment was considered:
An amendment in the nature of a substitute by
Representative Julia Brownley of California, which combined the
text of H.R. 2915, as introduced, and H.R. 421, as amended. The
amendment in the nature of a substitute was agreed to by voice
vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken in connection with ordering H.R. 2915, as amended,
reported to the House. A motion by Ranking Member Corrine Brown
of Florida to report H.R. 2915, as amended, favorably to the
House of Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are that the Secretary will use these
provisions to improve the mental health care provided to women
veterans and to veterans who have served on classified missions
or in sensitive units in the Armed Forces.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 2915, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
2915, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 2915, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 2015.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2915, the Female
Veterans Suicide Prevention Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ann E.
Futrell.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2915--Female Veterans Suicide Prevention Act
H.R. 2915 would revise the requirements for an annual
independent assessment to include metrics on suicide among
female veterans. The assessment was recently established under
the Clay Hunt SAV Act (Public Law 114-2) and requires a
nongovernment entity to review and report on the mental health
care provided by the Department of Veterans Affairs (VA). The
bill also would require VA to establish and disseminate
standards for providing mental health treatment to veterans who
served on classified missions.
Based on information from VA and independent entities who
have prepared similar assessments, CBO expects that adding an
additional metric would increase the cost of preparing the
report on mental health care by an insignificant amount, as
would preparing and disseminating standards for mental health
treatment. On that basis, CBO estimates that implementing H.R.
2915 would cost less than $500,000 over the 2016-2020 period.
Any spending would be subject to the availability of
appropriated funds.
Enacting H.R. 2915 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2915 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
H.R. 2915 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Ann E. Futrell.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 2915, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
2915, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 2915, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 2915, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
Section 1--Short title
Section 1 would provide a short title of H.R. 2915, as
amended, as the ``Female Veteran Suicide Prevention Act.''
Section 2--Specific consideration of women veterans in evaluation of
Department of Veterans Affairs mental health care and suicide
prevention programs
Section 2 would amend section 1709B(a)(2) of title 38
U.S.C., in subparagraph (A) by inserting ``, including specific
metrics applicable to women'' before the semicolon; in
subparagraph (E) by striking the period at the end and
inserting ``; and''; and, by adding at the end a new
subparagraph (F) to read ``(F) identify the mental health care
and suicide prevention programs conducted by the Secretary that
are most effective for women veterans and such programs with
the highest satisfaction rates among women veterans.''
Section 3--Mental health treatment of veterans who serve in classified
missions
Section 3(a) would provide the sense of Congress that
veterans who experience combat-related mental health wounds
should have immediate, appropriate, and consistent access to
comprehensive mental health care.
Section 3(b) would amend subchapter II of chapter 17 of
title 38 U.S.C., by adding at the end a new section entitled,
``Sec. 1720H. Mental health treatment for veterans who served
in classified missions.''
Proposed sec. 1720H(a) would require the Secretary to
establish standards and procedures to ensure that each covered
veteran may access mental health care provided by the Secretary
in a manner that fully accommodates the obligation of the
veteran to not improperly disclose classified information and
require the Secretary to disseminate guidance to Veterans
Health Administration employees, including mental health
professionals, on the standard and procedures established and
how to best engage covered veterans during the course of mental
health treatment with respect to classified information.
Proposed sec. 1720H(b) would require the Secretary to
ensure that a veteran may elect to identify as a covered
veteran on an appropriate form.
Proposed sec. 1720H(c) would define: the term ``classified
information'' as any information or material that has been
determined by an official of the United States pursuant to law,
an Executive Order, or regulation to require protection against
unauthorized disclosure for reasons of national security; the
term ``covered veteran'' as a veteran enrolled in the health
care system established under section 1705(a) of title 38
U.S.C., who is seeking mental health treatment and, in the
course of serving in the Armed Forces, participated in a
sensitive mission or services in a sensitive unit; the term
``sensitive mission'' as a mission of the Armed Forces that, at
the time at which a covered veteran seeks treatment, is
classified; and, the term ``sensitive unit'' as the meaning
given that term in section 130b(c)(4) of title 10 U.S.C.
Section 3(c) would amend the table of sections at the
beginning of subchapter II of chapter 17 of title 38 U.S.C., by
adding after the item relating to section 1720G the following
new item, ``1720H. Mental health treatment for veterans who
served in classified missions.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
SUBCHAPTER I--GENERAL
Sec.
1701. Definitions.
* * * * * * *
SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL
TREATMENT
* * * * * * *
1720H. Mental health treatment for veterans who served in classified
missions.
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 1709B. Evaluations of mental health care and suicide prevention
programs
(a) Evaluations.--(1) Not less frequently than once during
each period specified in paragraph (3), the Secretary shall
provide for the conduct of an evaluation of the mental health
care and suicide prevention programs carried out under the laws
administered by the Secretary.
(2) Each evaluation conducted under paragraph (1) shall--
(A) use metrics that are common among and useful for
practitioners in the field of mental health care and
suicide prevention, including specific metrics
applicable to women;
(B) identify the most effective mental health care
and suicide prevention programs conducted by the
Secretary, including such programs conducted at a
Center of Excellence;
(C) identify the cost-effectiveness of each program
identified under subparagraph (B);
(D) measure the satisfaction of patients with respect
to the care provided under each such program; [and]
(E) propose best practices for caring for individuals
who suffer from mental health disorders or are at risk
of suicide, including such practices conducted or
suggested by other departments or agencies of the
Federal Government, including the Substance Abuse and
Mental Health Services Administration of the Department
of Health and Human Services[.]; and
(F) identify the mental health care and suicide
prevention programs conducted by the Secretary that are
most effective for women veterans and such programs
with the highest satisfaction rates among women
veterans.
(3) The periods specified in this paragraph are the
following:
(A) The period beginning on the date on which the
Secretary awards the contract under paragraph (4) and
ending on September 30, 2018.
(B) Each fiscal year beginning on or after October 1,
2018.
(4) Not later than 180 days after the date of the enactment
of this section, the Secretary shall seek to enter into a
contract with an independent third party unaffiliated with the
Department of Veterans Affairs to conduct evaluations under
paragraph (1).
(5) The independent third party that is awarded the contract
under paragraph (4) shall submit to the Secretary each
evaluation conducted under paragraph (1).
(b) Annual Submission.--Not later than December 1, 2018, and
each year thereafter, 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 contains the following:
(1) The most recent evaluations submitted to the
Secretary under subsection (a)(5) that the Secretary
has not previously submitted to such Committees.
(2) Any recommendations the Secretary considers
appropriate.
SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL
TREATMENT
* * * * * * *
Sec. 1720H. Mental health treatment for veterans who served in
classified missions
(a) Establishment of Standards.--(1) The Secretary shall
establish standards and procedures to ensure that each covered
veteran may access mental health care provided by the Secretary
in a manner that fully accommodates the obligation of the
veteran to not improperly disclose classified information.
(2) The Secretary shall disseminate guidance to employees of
the Veterans Health Administration, including mental health
professionals, on the standards and procedures established
under paragraph (1) and how to best engage covered veterans
during the course of mental health treatment with respect to
classified information.
(b) Identification.--In carrying out this section, the
Secretary shall ensure that a veteran may elect to identify as
a covered veteran on an appropriate form.
(c) Definitions.--In this section:
(1) The term ``classified information'' means any
information or material that has been determined by an
official of the United States pursuant to law, an
Executive order, or regulation to require protection
against unauthorized disclosure for reasons of national
security.
(2) The term ``covered veteran'' means a veteran
who--
(A) is enrolled in the health care system
established under section 1705(a) of this
title;
(B) is seeking mental health treatment; and
(C) in the course of serving in the Armed
Forces, participated in a sensitive mission or
served in a sensitive unit.
(3) The term ``sensitive mission'' means a mission of
the Armed Forces that, at the time at which a covered
veteran seeks treatment, is classified.
(4) The term ``sensitive unit'' has the meaning given
that term in section 130b(c)(4) of title 10.
* * * * * * *
[all]