S.Amdt. 1189

1. Adds Subtitle D--Mental Health Care for Members of Reserve Components on Inactive-Duty Training SEC. 741. BEHAVIORAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES PERFORMING INACTIVE-DUTY TRAINING AND CERTAIN OTHER MEMBERS at the end of title VII

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2012.

   Inserted: Subtitle D--Mental Health Care for Members of Reserve Components on Inactive-Duty Training SEC. 741. BEHAVIORAL HEALTH CARE FOR MEMBERS OF THE ARMED FORCES PERFORMING INACTIVE-DUTY TRAINING AND CERTAIN OTHER MEMBERS.

   Inserted: (a) In General.--Subsection (a)(1) of section 1074a of title 10, United States Code, is amended by inserting "(including a behavioral health illness)" after "or disease".

   Inserted: (b) Services for Readiness of Certain Other Members of Ready Reserve.--Subsection (g)(1) of such section is amended by striking "medical and dental readiness" and inserting "medical, dental, and behavioral health readiness".

   Inserted: SEC. 742. MENTAL HEALTH ASSESSMENTS DURING INACTIVE-DUTY TRAINING FOR MEMBERS OF THE NATIONAL GUARD IN STATES WITH HIGH NEED FOR BEHAVIORAL HEALTH SUPPORT.

   Inserted: (a) Access to Assessments.--Each member of the National Guard in a unit of a State covered by subsection (b) who is performing inactive-duty training shall, while performing such training, be permitted access to a mental health assessment through a licensed mental health professional who shall be available for such assessments during duty hours of such training on the premises of the principal duty location of such member's unit. Such mental health assessment shall be provided by the State in accordance with subsection (e).

   Inserted: (b) Covered States.--A State covered by this subsection is a State that--

   Inserted: (1) meets the criteria under subsection (c), as determined by the Chief of the National Guard Bureau under subsection (d); and

   Inserted: (2) elects to provide mental health assessments for members of the National Guard as described in subsection (a) in accordance with subsection (e).

   Inserted: (c) Criteria.--

   Inserted: (1) In general.--The Chief of the National Guard Bureau shall develop criteria for determining whether or not members of the National Guard of a particular State shall be permitted access to mental health assessments under subsection (a).

   Inserted: (2) Elements.--The criteria developed under paragraph (1) shall take into account the following:

   Inserted: (A) The rate of suicide among members of the National Guard of a State.

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   Inserted: (B) The deployment schedule of National Guard units in a State, including, in particular, the number of National Guard units in the State recently returned from deployment.

   Inserted: (C) The economic circumstances of a State, including the rate of unemployment in the State generally and the rate of unemployment in the State among veterans.

   Inserted: (D) The availability of behavioral health care providers in a State (including civilian providers, providers at military treatment facilities, and providers of or through the Department of Veterans Affairs) for members of the National Guard, including, in particular, the availability of such providers in rural areas of the State.

   Inserted: (E) Such other criteria as the Chief of the National Guard Bureau considers appropriate.

   Inserted: (3) Periodic updates.--The Chief of the National Guard Bureau shall update the criteria developed under paragraph (1) every two years.

   Inserted: (4) Consultation.--The Chief of the National Guard Bureau shall carry out this subsection in consultation with the Assistant Secretary of Defense for Health Affairs, the Surgeons General of the Armed Forces, and the Adjutants General of the National Guard.

   Inserted: (5) Submittal to congress.--Not later than 180 days after the date of the enactment of this Act, the Chief of the National Guard Bureau shall submit to the congressional defense committees a report on the criteria developed under this subsection.

   Inserted: (d) Determinations Regarding States.--Upon developing the criteria required by subsection (b), and every two years thereafter, the Chief of the National Guard Bureau shall determine whether or not each State meets the criteria for purposes of subsection (b)(1). In making such a determination, the Chief of the National Guard Bureau shall use the version of such criteria in effect at the time of such determination, as updated under subsection (c)(3).

   Inserted: (e) State Actions.--

   Inserted: (1) Election to provide assessments.--

   Inserted: (A) In general.--Upon the development of the criteria required by subsection (c), and every two years thereafter, a State that meets the criteria may elect to provide mental health assessments for members of the National Guard as described in subsection (a).

   Inserted: (B) Period of election.--An election under subparagraph (A) shall be effective for two years, and may be renewed by a State if the Chief of the National Guard Bureau determines under subsection (d) that the State continues to meet the criteria under subsection (c) at the time of such renewal.

   Inserted: (C) Availability of option to elect.--The lack of an election by a State under subparagraph (A) shall not prohibit the State from making an election under that subparagraph at any subsequent two-year interval if the State meets the criteria under subsection (c) at the commencement of such subsequent two-year interval.

   Inserted: (2) Assessments.--

   Inserted: (A) In general.--Each State making an election under paragraph (1) shall provide mental health assessments for members of the National Guard in units of the State as described in subsection (a) during the two-year period following the election.

   Inserted: (B) Manner of provision.--A State shall provide mental health assessments under this paragraph in accordance with a plan developed by the State for that purpose. The plan shall ensure the availability of behavioral health providers for that purpose during duty hours of inactive-duty training on the premises of the principal duty location of National Guard units of the State performing such training. The plan may provide for the availability of such providers for that purpose through arrangements with contractors under the TRICARE program or other appropriate contractors or through such other means as the State considers appropriate.

   Inserted: (f) Federal Funding.--Amounts authorized to be appropriated for the Department of Defense for Defense Health Program may be available for payment for, or reimbursements of States for the costs of, mental health assessments of members of the National Guard under subsection (a).

   Inserted: (g) Definitions.--In this section:

   Inserted: (1) The term "inactive-duty training" has the meaning given that term in section 101(d)(7) of title 10, United States Code.

   Inserted: (2) The term "State" means the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

   Inserted: (3) The term "TRICARE program" has the meaning given that term in section 1072(7) of title 10, United States Code.

   Inserted: SEC. 743. BEHAVIORAL HEALTH SUPPORT FOR CERTAIN MEMBERS OF THE NATIONAL GUARD IN STATES WITH HIGH NEED FOR BEHAVIORAL HEALTH SUPPORT.

   Inserted: (a) In General.--Each member of the National Guard of a State meeting the criteria in section 742(c) who is participating in annual training duty or individual duty training shall, while so participating, have access to the behavioral health support programs specified in subsection (b).

   Inserted: (b) Behavioral Health Support Programs.--The behavioral health support programs specified in this subsection are the following:

   Inserted: (1) Programs providing access to licensed mental health providers in armories, reserve centers, or other places for scheduled unit training assemblies.

   Inserted: (2) Programs providing training on suicide prevention and post-suicide response.

   Inserted: (3) Psychological health programs.

   Inserted: (4) Such other programs as the Secretary of Defense, in consultation with the Surgeon General for the National Guard of the State in which the members concerned reside, the Director of Psychological Health of the State in which the members concerned reside, the Department of Mental Health or the equivalent agency of the State in which the members concerned reside, or the Director of the Psychological Health Program of the National Guard Bureau, considers appropriate.

   Inserted: (c) Access Without Cost to Members.--Access to behavioral health programs, and to any services under such programs, shall be provided at no cost to members.

   Inserted: (d) Privacy Protection.--Any mental health services provided under this section shall be subject to and comply with all applicable privacy rules and security rules published by the Department of Health and Human Services as required by the Health Insurance Portability and Accountability Act of 1996.

   Inserted: SEC. 744. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE RESERVES PERFORMING INACTIVE-DUTY TRAINING.

   Inserted: (a) In General.--The Secretary of the military department concerned may provide mental health assessments for members of the Army Reserve, the Navy Reserve, the Air Force Reserve, and the Marine Corps Reserve who are performing inactive-duty training.

   Inserted: (b) Criteria.--A determination whether or not to provide mental health assessments for members of a given Reserve under subsection (a) may be made in accordance with criteria developed by the Secretary of the military department concerned, in consultation with the Assistant Secretary of Defense for Health Affairs and the Surgeon General of the Armed Force concerned.

   Inserted: (c) Provision Without Cost to Members.--Any mental health assessments provided under this section, and any services provided pursuant to such assessments, shall be provided at no cost to members.

   Inserted: (d) Privacy Protection.--Any mental health services provided under this section shall be subject to and comply with all applicable privacy rules and security rules published by the Department of Health and Human Services as required by the Health Insurance Portability and Accountability Act of 1996.

   Inserted: (e) Inactive-duty Training Defined.--In this section, the term "inactive-duty training" has the meaning given that term in section 101(d)(7) of title 10, United States Code.

   Inserted: SEC. 745. REPORTS ON EFFECTIVENESS OF MENTAL HEALTH ASSESSMENTS IN MEETING NEEDS OF MEMBERS OF THE RESERVE COMPONENTS PERFORMING INACTIVE-DUTY TRAINING.

   Inserted: (a) Biennial Assessment of Effectiveness of Assessments.--Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Assistant Secretary of Defense for Health Affairs shall conduct an assessment of the effectiveness of the mental health assessments provided members of the reserve components of the Armed Forces under this subtitle.

   Inserted: (b) Elements.--Each assessment under subsection (a) shall include an assessment of the following:

   Inserted: (1) The effect of the mental health assessments described in subsection (a) in assuring the behavioral health readiness of the following:

   Inserted: (A) The reserve components of the Armed Forces generally.

   Inserted: (B) The National Guard of each State in which mental health assessments were performed under section 742 during the two-year period covered by such assessment.

   Inserted: (C) Each of the Army Reserve, the Navy Reserve, the Air Force Reserve, and the Marine Corps Reserve.

   Inserted: (2) For the two-year period covered by such assessment, rates of each of the following:

   Inserted: (A) Contacts between members of the reserve components of the Armed Forces and a behavioral health provider initiated by the member.

   Inserted: (B) Contacts between members of the reserve components of the Armed Forces and a behavioral health provider initiated by a commander of the member.

   Inserted: (C) Contacts between members of the reserve components of the Armed Forces and a behavioral health provider initiated by a behavioral health provider.

   Inserted: (D) Symptoms of post-traumatic stress disorder (PTSD) in members participating in any such contacts.

   Inserted: (E) Substance abuse in members participating in any such contacts.

   Inserted: (F) Marriage or family concerns in members participating in any such contacts.

   Inserted: (G) Job or financial concerns in members participating in any such contacts.

   Inserted: (3) Such other matters as the Assistant Secretary of Defense for Health Affairs considers appropriate.

   Inserted: (c) Reports on Assessments.--Not later than 30 days after completing an assessment under this section, the Assistant Secretary of Defense for Health Affairs shall submit to the congressional defense committees a report setting forth the results of such assessment.

   Original wording

   At the end of title VII, add the following:

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As printed