II
109th CONGRESS
2d Session
S. 3517
IN THE SENATE OF THE UNITED STATES
June 15, 2006
Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To enhance the services available to members of the Armed Forces returning from deployment in Operation Iraqi Freedom and Operation Enduring Freedom to assist such members in transitioning to civilian life, and for other purposes.
Short title
This Act may be cited as the
Heroes at Home Act of
2006
.
Responsibilities of Task Force on Mental Health on transition to civilian life of members of the National Guard and Reserve returning from deployment in Operation Iraqi Freedom and Operation Enduring Freedom
In general
Section 723 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3348) is amended—
by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and
by inserting after subsection (c) the following new subsection (d):
Assessment and recommendations on transition to civilian life of members of national guard and reserve returning from deployment in operation iraqi freedom and enduring freedom
In general
In addition to the activities required under subsection (c), the task force shall, not later than 12 months after the date of the enactment of the Heroes at Home Act of 2006, submit to the Secretary a report containing an assessment of, and recommendations for improving, assistance to members of the National Guard and Reserve returning from deployment in Operation Iraqi Freedom or Operation Enduring Freedom, and their families, in transitioning to civilian employment upon their return from such deployment, including—
members who were self-employed before deployment and seek to return to such employment after deployment;
members who were students before deployment and seek to return to school or commence employment after deployment;
members who have experienced multiple recent deployments; and
members who have been wounded or injured during deployment.
Working group
In conducting the assessment and making the recommendations required by paragraph (1), the task force shall utilize the assistance of a working group that consists of individuals selected by the task force from among individuals as follows:
With the concurrence of the Administrator of the Small Business Administration, personnel of the Small Business Administration.
Representatives of employers who employ members of the National Guard and Reserve described in paragraph (1) on their return to civilian life as described in that paragraph.
Representatives of employee assistance organizations.
Representatives of associations of employers.
Representatives of organizations that assist wounded or injured members of the National Guard and Reserves in finding or sustaining employment.
Representatives of such other public or private organizations and entities as the co-chairs of the task force, in consultation with the members of the task force, consider appropriate.
Report elements
The report required by paragraph (1) shall include recommendations on the following:
The provision of outreach and training to employers, employment assistance organizations, and associations of employers on the employment, readjustment, and mental health needs of members of the National Guard and Reserve described in paragraph (1) upon their return from deployment as described in that paragraph.
The provision of outreach and training to employers, employment assistance organizations, and associations of employers on the needs of family members of such members.
The improvement of collaboration between the pubic and private sectors in order to ensure the successful transition of such members into civilian employment upon their return from such deployment.
Other duties
In the period between the submittal of the report required by paragraph (1) and the termination of the task force under subsection (h), the task force (including the working group established under paragraph (2)) shall serve as an advisor to the Assistance Center for Employers and Employment Assistance Organizations established under section 3 of the Heroes at Home Act of 2006.
Employment assistance organization defined
In this subsection, the term
employment assistance organization
means an organization or
entity, whether public or private, that provides assistance to individuals in
finding or retaining employment, including organizations and entities under
military career support
programs.
.
Report
Subsection (f) of such section, as redesignated by subsection (a)(1) of this section, is further amended—
in the subsection heading, by striking
Report
and inserting
Reports
;
by striking paragraph (1) and inserting the following new paragraph (1):
In general
The report submitted to the Secretary under each of subsections (c) and (d) shall include—
a description of the activities of the task force under such subsection;
the assessment and recommendations required by such subsection; and
such other matters relating to the activities of the task force under such subsection as the task force considers appropriate.
; and
in paragraph (2)—
by striking the report under
paragraph (1)
and inserting a report under paragraph
(1)
; and
by striking the report as
and inserting such report as
.
Plan matters
Subsection (g) of such section, as redesignated by subsection (a)(1) of this section, is further amended—
by striking the report from the task
force under subsection (e)(1)
and inserting a report from the
task force under subsection (f)(1)
; and
by inserting contained in such
report
after the task force
the second place it
appears.
Termination
Subsection (h) of such section, as redesignated by subsection (a)(1) of this section, is further amended—
by inserting with respect to the
assessment and recommendations required by subsection (d)
after
the task force
; and
by striking subsection
(e)(2)
and inserting subsection (f)(2)
.
Assistance Center for Employers and Employment Assistance Organizations
Establishment of Center
In general
The Secretary of Defense shall establish an office to assist employers, employment assistance organizations, and associations of employers in facilitating the successful transition to civilian employment of members of the National Guard and Reserve returning from deployment in Operation Iraqi Freedom or Operation Enduring Freedom.
Designation
The office established under this
subsection shall be known as the Assistance Center for Employers and
Employment Assistance Organizations
(in this section referred to as the
Center
).
Head
The Secretary shall designate an individual to act as the head of the Center.
Integration
In establishing the Center, the Secretary shall ensure close communication between the Center and the military departments, including the commands of the reserve components of the Armed Forces.
Functions
The Center shall have the following functions:
To provide education and technical assistance to employers, employment assistance organizations, and associations of employers to assist them in facilitating the successful transition to civilian employment of members of the National Guard and Reserve described in subsection (a) on their return from deployment as described in that subsection.
To provide education and technical assistance to employers, employment assistance organizations, and associations of employers to assist them in facilitating the successful adjustment of family members of the National Guard and Reserve to the deployment and return from deployment of members of the National Guard and Reserve as described in that subsection.
Resources to be provided
In general
In carrying out the functions specified in subsection (b), the Center shall provide employers, employment assistance organizations, and associations of employers resources, services, and assistance that include the following:
Guidelines on best practices and effective strategies.
Education on the physical and mental health difficulties that can and may be experienced by members of the National Guard and Reserve described in subsection (a) on their return from deployment as described in that subsection in transitioning to civilian employment, including difficulties arising from Post Traumatic Stress Disorder (PTSD) and traumatic brain injury (TBI), including education on—
the detection of warning signs of such difficulties;
the medical, mental health, and employment services available to such members, including materials on services offered by the Department of Defense, the Department of Veterans Affairs (including through the vet center program under section 1712A of title 38, United States Code), the Department of Labor, military support programs, and community mental health clinics; and
the mechanisms for referring such members for services described in clause (ii) and for other medical and mental health screening and care when appropriate.
Education on the range and types of potential physical and mental health effects of deployment and post-deployment adjustment on family members of members of the National Guard and Reserve described in subsection (a), including education on—
the detection of warning signs on such effects on family members of members of the National Guard and Reserves;
the medical, mental health, and employment services available to such family members, including materials on such services as described in subparagraph (B)(ii); and
mechanisms for referring such family members for services described in clause (ii) and for medical and mental health screening and care when appropriate.
Education on mechanisms, strategies, and resources for accommodating and employing wounded or injured members of the National Guard and Reserves in work settings.
Provision of resources
The Center shall make resources, services, and assistance available under this subsection through such mechanisms as the head of the Center considers appropriate, including the Internet, video conferencing, telephone services, workshops, trainings, presentations, group forums, and other mechanisms.
Personnel and other resources
The Secretary of Defense shall assign to the Center such personnel, funding, and other resources as are required to ensure the effective discharge by the Center of the functions under subsection (b).
Reports on Activities
Annual report by center
Not later than one year after the establishment of the Center, and annually thereafter, the head of the Center, in consultation with the Department of Defense Task Force on Mental Health (while in effect), shall submit to the Secretary of Defense a written report on the progress and outcomes of the Center during the one-year period ending on the date of such report.
Transmittal to congress
Not later than 60 days after receipt of a report under paragraph (1), the Secretary shall transmit such report to the Committees on Armed Services of the Senate and the House of Representatives, together with—
such comments on such report, and such assessment of the effectiveness of the Center, as the Secretary considers appropriate; and
such recommendations on means of improving the effectiveness of the Center as the Secretary considers appropriate.
Availability to public
The Secretary shall take appropriate actions to make each report under paragraph (2) available to the public, including through the Internet website of the Center.
Definitions
In this section:
Employment assistance organization
The
term employment assistance organization
means an organization or
entity, whether public or private, that provides assistance to individuals in
finding or retaining employment, including organizations and entities under
military career support programs.
Department of defense task force on mental health
The term Department of Defense Task Force on Mental Health means the Department of Defense Task Force on Mental Health established under section 723 of the National Defense Authorization Act for Fiscal Year 2006, as amended by section 2 of this Act.
Authorization of appropriations
There is authorized to be appropriated to the Department of Defense to carry out this section amounts as follows:
For fiscal year 2007, $5,000,000.
For each of fiscal years 2008 through 2011, such sums as may be necessary.
Grants on assistance in community-based settings for members of the National Guard and Reserve and their families after deployment in Operation Iraqi Freedom and Operation Enduring Freedom
In general
The Secretary of Defense may award grants to eligible entities to carry out demonstration projects to assess the feasibility and advisability of utilizing community-based settings for the provision of assistance to members of the National Guard and Reserve who serve in Operation Iraqi Freedom or Operation Enduring Freedom, and their families, after the return of such members from deployment in Operation Iraqi Freedom or Operation Enduring Freedom, as the case may be, including—
services to improve the reuniting of such members of the National Guard and Reserve and their families;
education to increase awareness of the physical and mental health difficulties that members of the National Guard and Reserve can and may experience on their return from such deployment, including education on—
Post Traumatic Stress Disorder (PTSD) and traumatic brain injury (TBI); and
mechanisms for the referral of such members of the National Guard and Reserve for medical and mental health screening and care when necessary; and
education to increase awareness of the physical and mental health difficulties that family members of such members of the National Guard and Reserve can and may experience on the return of such members from such deployment, including education on—
depression, anxiety, and relationship problems; and
mechanisms for medical and mental health screening and care when appropriate.
Eligible entities
An entity eligible for the award of a grant under this section is any public or private non-profit organization, such as a community mental health clinic, family support organization, military support organization, law enforcement agency, community college, or public school.
Application
An eligible entity seeking a grant under this section shall submit to the Secretary of Defense an application therefor in such manner, and containing such information, as the Secretary may require for purposes of this section, including a description of how such entity will work with the Department of Defense, the Department of Veterans Affairs, State health agencies, other appropriate Federal, State, and local agencies, family support organizations, and other community organization in undertaking activities described in subsection (a).
Annual reports by grant recipients
An entity awarded a grant under this section shall submit to the Secretary of Defense on an annual basis a report on the activities undertaken by such entity during the preceding year utilizing amounts under the grant. Each report shall include such information as the Secretary shall specify for purposes of this subsection.
Annual reports to congress
In general
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on activities undertaken under the grants awarded under this section. The report shall include recommendations for legislative, programmatic, or administrative action to improve or enhance activities under the grants awarded under this section.
Availability to public
The Secretary shall take appropriate actions to make each report under this subsection available to the public.
Longitudinal study on traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom
Study required
The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, provide for a longitudinal study on the effects of traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom. The duration of the longitudinal study shall be 15 years.
Selection of entity for conduct of study
The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, select an entity to conduct the study required by subsection (a) from among private organizations or entities qualified to conduct the study.
Elements
The study required by subsection (a) shall address the following:
The long-term effects of traumatic brain injury on the overall readiness of the Armed Forces.
Mechanisms for improving body armor and helmets in order to protect members of the Armed Forces from sustaining traumatic brain injuries.
The long-term physical and mental health consequences of traumatic brain injuries incurred by members of the Armed Forces during service in Operation Iraqi Freedom or Operation Enduring Freedom.
The health care, mental health care, and rehabilitation needs of such members for such injuries after the completion of inpatient treatment through the Department of Defense, the Department of Veterans Affairs, or both.
The type and availability of long-term care rehabilitation programs and services within and outside the Department of Defense and the Department of Veterans Affairs for such members for such injuries, including community-based programs and services and in-home programs and services.
Reports
Periodic and final reports
After the third, seventh, eleventh, and fifteenth years of the study required by subsection (a), the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, submit to the appropriate elements of the Department of Defense and the Department of Veterans Affairs, and to Congress, a comprehensive report on the results of the study during the preceding years. Each report shall include the following:
Current information on the cumulative outcomes of the study.
In the case of a report to elements of the Department of Defense—
such recommendations as the Secretary of Defense considers appropriate for programmatic and administrative action to improve body armor and helmets to protect members of the Armed Forces from sustaining traumatic brain injuries; and
such other recommendations as the Secretary considers appropriate based on the outcomes of the study.
In the case of a report to elements of the Department of Veterans Affairs—
such recommendations as the Secretary of Veterans Affairs considers appropriate for programmatic and administrative action to improve long-term care and rehabilitative programs and services for members of the Armed Forces with traumatic brain injury; and
such other recommendations as the Secretary considers appropriate based on the outcomes of the study.
In the case of a report to Congress—
such recommendations as the Secretary of Defense considers appropriate for legislative action to improve body armor and helmets to protect members of the Armed Forces from sustaining traumatic brain injuries;
such recommendations as the Secretary of Veterans Affairs considers appropriate for legislative action to improve long-term care and rehabilitative programs and services for members of the Armed Forces with traumatic brain injury; and
such other recommendations as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate based on the outcomes of the study.
Availability to public
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly take appropriate actions to make each report under this subsection available to the public.
Authorization of appropriations
There is authorized to be appropriated to the Department of Defense to carry out this section amounts as follows:
For fiscal year 2007, $5,000,000.
For each of fiscal years 2008 through 2013, such sums as may be necessary.
Training curricula for family caregivers on care and assistance for members and former members of the Armed Forces with traumatic brain injury incurred in Operation Iraqi Freedom and Operation Enduring Freedom
Traumatic brain injury family caregiver panel
Establishment
The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, establish within the Department of Defense a panel to develop coordinated, uniform, and consistent training curricula to be used in training family members in the provision of care and assistance to members and former members of the Armed Forces for traumatic brain injuries incurred during service in the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom.
Designation of panel
The panel established
under paragraph (1) shall be known as the Traumatic Brain Injury Family
Caregiver Panel
.
Members
The Traumatic Brain Injury Family Caregiver Panel established under paragraph (1) shall consist of 15 members appointed by the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, equally represented from among—
physicians, nurses, rehabilitation therapists, and other individuals with an expertise in caring for and assisting individuals with traumatic brain injury, including those who specialize in caring for and assisting individuals with traumatic brain injury incurred in war;
representatives of family caregivers or family caregiver associations;
Department of Defense and Department of Veterans Affairs health and medical personnel with expertise in traumatic brain injury, and Department of Defense personnel and readiness representatives with expertise in traumatic brain injury;
representatives of military service organizations who specialize in matters relating to disabled veterans;
representatives of veterans service organizations who specialize in matters relating to disabled veterans;
psychologists or other individuals with expertise in the mental health treatment and care of individuals with traumatic brain injury;
experts in the development of training curricula;
researchers and academicians who study traumatic brain injury; and
any other individuals the Secretary considers appropriate.
Meetings
The Traumatic Brain Injury Family Caregiver Panel shall meet not less than monthly.
Development of curricula
In general
The Traumatic Brain Injury Family Caregiver Panel shall develop training curricula to be utilized during the provision of training to family members of members and former members of the Armed Forces described in subsection (a) on techniques, strategies, and skills for care and assistance for such members and former members with the traumatic brain injuries described in that subsection.
Scope of curricula
The curricula shall—
be based on empirical research and validated techniques; and
shall provide for training that permits recipients to tailor caregiving to the unique circumstances of the member or former member of the Armed Forces receiving care.
Particular requirements
In developing the curricula, the Traumatic Brain Injury Family Caregiver Panel shall—
specify appropriate training commensurate with the severity of traumatic brain injury; and
identify appropriate care and assistance to be provided for the degree of severity of traumatic brain injury for caregivers of various levels of skill and capability.
Use of existing materials
In developing the curricula, the Traumatic Brain Injury Family Caregiver Panel shall utilize and enhance any existing training curricular, materials, and resources applicable to such curricula as the Panel considers appropriate.
Consultation
In developing the curricula, the Traumatic Brain Injury Family Caregiver Panel shall consult with the Army Reserve Forces Policy Committee, as appropriate.
Deadline for development
The Traumatic Brain Injury Family Caregiver Panel shall develop the curricula not later than one year after the date of the enactment of this Act.
Dissemination of curricula
In general
The Secretary of Defense shall, in consultation with the Traumatic Brain Injury Family Caregiver Panel, develop mechanisms for the dissemination of the curricula developed under subsection (b) to health care professionals referred to in paragraph (2) who treat or otherwise work with members and former members of the Armed Forces with traumatic brain injury incurred in Operation Iraqi Freedom or Operation Enduring Freedom. In developing such mechanisms, the Secretary may utilize and enhance existing mechanisms, including the Military Severely Injured Center.
Health care professionals
The health care professionals referred to in this paragraph are the following:
Personnel at military medical treatment facilities.
Personnel at the polytrauma centers of the Department of Veterans Affairs.
Personnel and care managers at the Military Severely Injured Center.
Such other health care professionals of the Department of Defense as the Secretary considers appropriate.
Such other health care professionals of the Department of Veterans Affairs as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, considers appropriate.
Scope
The mechanisms developed under paragraph (1) shall include the provision of refresher training in the curricula developed under subsection (a) for the health care professional referred to in paragraph (2) not less often than once every six months.
Provision of training to family caregivers
In general
Health care professionals referred to in paragraph (2) who are trained in the curricula developed under subsection (b) shall provide training to family members of members and former members of the Armed Forces who incur traumatic brain injuries during service in the Operation Iraqi Freedom or Operation Enduring Freedom in the care and assistance to be provided for such injuries.
Timing of training
Training under this paragraph shall, to the extent practicable, be provided to family members while the member or former member concerned is undergoing treatment at a facility of the Department of Defense or Department of Veterans Affairs, as applicable, in order to ensure that such family members receive practice on the provision of such care and assistance under the guidance of qualified health professionals.
Particularized training
Training provided under this paragraph to family members of a particular member or former member shall be tailored to the particular care needs of such member or former member and the particular caregiving needs of such family members.
Quality assurance
The Secretary shall develop mechanisms to ensure quality in the provision of training under this section to health care professionals referred to in paragraph (2) and in the provision of such training under paragraph (4) by such health care professionals.
Report
Not later than one year after the development of the curricula required by subsection (b), and annually thereafter, the Traumatic Brain Injury Family Caregiver Training Panel shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to Congress, a report on the following:
The actions undertaken under this subsection.
The results of the tracking of outcomes based on training developed and provided under this section.
Recommendations for the improvement of training developed and provided under this section.
Authorization of appropriations
There is authorized to be appropriated to the Department of Defense to carry out this section amounts as follows:
For fiscal year 2007, $5,000,000.
For each of fiscal years 2008 through 2011, such sums as may be necessary.