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II
Calendar No. 538
116TH CONGRESS
2D SESSION
S. 711
To amend title 38, United States Code, to expand eligibility for mental
health services from the Department of Veterans Affairs to include mem-
bers of the reserve components of the Armed Forces, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 7, 2019
Mr. TESTER (for himself, Mr. MORAN, Ms. BALDWIN, Mr. SULLIVAN, Ms.
HASSAN, Mr. CASSIDY, Mr. MANCHIN, Mr. TILLIS, Mr. SANDERS, Mr.
BENNET, and Mr. GARDNER) introduced the following bill; which was
read twice and referred to the Committee on Veterans’ Affairs
SEPTEMBER 15, 2020
Reported by Mr. MORAN, without amendment
A BILL
To amend title 38, United States Code, to expand eligibility
for mental health services from the Department of Vet-
erans Affairs to include members of the reserve compo-
nents of the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Care and Readiness
2
Enhancement for Reservists Act of 2019’’ or the ‘‘CARE
3
for Reservists Act of 2019’’.
4
SEC. 2. EXPANSION OF ELIGIBILITY FOR READJUSTMENT
5
COUNSELING
AND
RELATED
OUTPATIENT
6
SERVICES FROM THE DEPARTMENT OF VET-
7
ERANS AFFAIRS TO INCLUDE MEMBERS OF
8
THE RESERVE COMPONENTS OF THE ARMED
9
FORCES.
10
(a)
READJUSTMENT
COUNSELING.—Subsection
11
(a)(1) of section 1712A of title 38, United States Code,
12
is amended by adding at the end the following new sub-
13
paragraph:
14
‘‘(D)(i) The Secretary, in consultation with the Sec-
15
retary of Defense, may furnish to any member of the re-
16
serve components of the Armed Forces who has a behav-
17
ioral health condition or psychological trauma, counseling
18
under subparagraph (A)(i), which may include a com-
19
prehensive individual assessment under subparagraph
20
(B)(i).
21
‘‘(ii) A member of the reserve components of the
22
Armed Forces described in clause (i) shall not be required
23
to obtain a referral before being furnished counseling or
24
an assessment under this subparagraph.’’.
25
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•S 711 RS
(b) OUTPATIENT SERVICES.—Subsection (b) of such
1
section is amended—
2
(1) in paragraph (1)—
3
(A) by inserting ‘‘to an individual’’ after
4
‘‘If, on the basis of the assessment furnished’’;
5
and
6
(B) by striking ‘‘veteran’’ each place it ap-
7
pears and inserting ‘‘individual’’; and
8
(2) in paragraph (2), by striking ‘‘veteran’’ and
9
inserting ‘‘individual’’.
10
(c) EFFECTIVE DATE.—The amendments made by
11
this section shall take effect on the date that is one year
12
after the date of the enactment of this Act.
13
SEC. 3. PROVISION OF MENTAL HEALTH SERVICES FROM
14
THE DEPARTMENT OF VETERANS AFFAIRS
15
TO MEMBERS OF THE RESERVE COMPO-
16
NENTS OF THE ARMED FORCES.
17
(a) IN GENERAL.—Subchapter VIII of chapter 17 of
18
title 38, United States Code, is amended by adding at the
19
end the following new section:
20
‘‘§ 1789. Mental health services for members of the re-
21
serve components of the Armed Forces
22
‘‘The Secretary, in consultation with the Secretary of
23
Defense, may furnish mental health services to members
24
of the reserve components of the Armed Forces.’’.
25
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(b) CLERICAL AMENDMENT.—The table of sections
1
at the beginning of chapter 17 of such title is amended
2
by inserting after the item relating to section 1788 the
3
following new item:
4
‘‘1789. Mental health services for members of the reserve components of the
Armed Forces.’’.
SEC. 4. INCLUSION OF MEMBERS OF RESERVE COMPO-
5
NENTS IN MENTAL HEALTH PROGRAMS OF
6
THE DEPARTMENT OF VETERANS AFFAIRS.
7
(a) SUICIDE PREVENTION PROGRAM.—
8
(1) IN GENERAL.—Section 1720F of title 38,
9
United States Code, is amended by adding at the
10
end the following new subsection:
11
‘‘(l)(1) COVERED INDIVIDUAL DEFINED.—In this
12
section, the term ‘covered individual’ means a veteran or
13
a member of the reserve components of the Armed Forces.
14
‘‘(2) In determining coverage of members of the re-
15
serve components of the Armed Forces under the com-
16
prehensive program, the Secretary shall consult with the
17
Secretary of Defense.’’.
18
(2) CONFORMING AMENDMENTS.—Such section
19
is further amended—
20
(A) in subsection (a), by striking ‘‘vet-
21
erans’’ and inserting ‘‘covered individuals’’;
22
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(B) in subsection (b), by striking ‘‘vet-
1
erans’’ each place it appears and inserting ‘‘cov-
2
ered individuals’’;
3
(C) in subsection (c)—
4
(i) in the subsection heading, by strik-
5
ing ‘‘OF VETERANS’’;
6
(ii) by striking ‘‘veterans’’ each place
7
it appears and inserting ‘‘covered individ-
8
uals’’; and
9
(iii) by striking ‘‘veteran’’ and insert-
10
ing ‘‘individual’’;
11
(D) in subsection (d), by striking ‘‘to vet-
12
erans’’ each place it appears and inserting ‘‘to
13
covered individuals’’;
14
(E) in subsection (e), in the matter pre-
15
ceding paragraph (1), by striking ‘‘veterans’’
16
and inserting ‘‘covered individuals’’;
17
(F) in subsection (f)—
18
(i) in the first sentence, by striking
19
‘‘veterans’’ and inserting ‘‘covered individ-
20
uals’’; and
21
(ii) in the second sentence, by insert-
22
ing ‘‘or members’’ after ‘‘veterans’’;
23
(G) in subsection (g), by striking ‘‘vet-
24
erans’’ and inserting ‘‘covered individuals’’;
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(H) in subsection (h), by striking ‘‘vet-
1
erans’’ and inserting ‘‘covered individuals’’;
2
(I) in subsection (i)—
3
(i) in the subsection heading, by strik-
4
ing ‘‘FOR VETERANS AND FAMILIES’’;
5
(ii) in the matter preceding paragraph
6
(1), by striking ‘‘veterans and the families
7
of veterans’’ and inserting ‘‘covered indi-
8
viduals and the families of covered individ-
9
uals’’;
10
(iii) in paragraph (2), by striking
11
‘‘veterans’’ and inserting ‘‘covered individ-
12
uals’’; and
13
(iv) in paragraph (4), by striking
14
‘‘veterans’’ each place it appears and in-
15
serting ‘‘covered individuals’’;
16
(J) in subsection (j)—
17
(i) in paragraph (1), by striking ‘‘vet-
18
erans’’ each place it appears and inserting
19
‘‘covered individuals’’; and
20
(ii) in paragraph (4)—
21
(I) in subparagraph (A), in the
22
matter preceding clause (i), by strik-
23
ing ‘‘women veterans’’ and inserting
24
‘‘covered individuals who are women’’;
25
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(II) in subparagraph (B), by
1
striking ‘‘women veterans who’’ and
2
inserting ‘‘covered individuals who are
3
women and’’; and
4
(III) in subparagraph (C), by
5
striking ‘‘women veterans’’ and insert-
6
ing ‘‘covered individuals who are
7
women’’; and
8
(K) in subsection (k), by striking ‘‘vet-
9
erans’’ and inserting ‘‘covered individuals’’.
10
(3) CLERICAL AMENDMENTS.—
11
(A) IN GENERAL.—Such section is further
12
amended, in the section heading, by inserting
13
‘‘AND MEMBERS OF THE RESERVE COMPO-
14
NENTS
OF
THE
ARMED
FORCES’’ after
15
‘‘VETERANS’’.
16
(B) TABLE OF SECTIONS.—The table of
17
sections at the beginning of chapter 17 of such
18
title is amended by striking the item relating to
19
section 1720F and inserting the following new
20
item:
21
‘‘1720F. Comprehensive program for suicide prevention among veterans and
members of the reserve components of the Armed Forces.’’.
(b) MENTAL HEALTH TREATMENT FOR INDIVIDUALS
22
WHO SERVED IN CLASSIFIED MISSIONS.—
23
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•S 711 RS
(1) IN GENERAL.—Section 1720H of such title
1
is amended—
2
(A) in subsection (a)—
3
(i) in paragraph (1)—
4
(I) by striking ‘‘eligible veteran’’
5
and inserting ‘‘eligible individual’’;
6
and
7
(II) by striking ‘‘the veteran’’
8
and inserting ‘‘the individual’’; and
9
(ii) in paragraph (3), by striking ‘‘eli-
10
gible veterans’’ and inserting ‘‘eligible indi-
11
viduals’’;
12
(B) in subsection (b)—
13
(i) by striking ‘‘a veteran’’ and insert-
14
ing ‘‘an individual’’; and
15
(ii) by striking ‘‘eligible veteran’’ and
16
inserting ‘‘eligible individual’’; and
17
(C) in subsection (c)—
18
(i) in paragraph (2), in the matter
19
preceding subparagraph (A), by striking
20
‘‘The term ‘eligible veteran’ means a vet-
21
eran’’ and inserting ‘‘The term ‘eligible in-
22
dividual’ means a veteran or a member of
23
the reserve components of the Armed
24
Forces’’; and
25
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(ii) in paragraph (3), by striking ‘‘eli-
1
gible veteran’’ and inserting ‘‘eligible indi-
2
vidual’’.
3
(2) CLERICAL AMENDMENTS.—
4
(A) IN GENERAL.—Such section is further
5
amended, in the section heading, by inserting
6
‘‘AND MEMBERS OF THE RESERVE COMPO-
7
NENTS
OF
THE
ARMED
FORCES’’ after
8
‘‘VETERANS’’.
9
(B) TABLE OF SECTIONS.—The table of
10
sections at the beginning of chapter 17 of such
11
title is amended by striking the item relating to
12
section 1720H and inserting the following new
13
item:
14
‘‘1720H. Mental health treatment for veterans and members of the reserve com-
ponents of the Armed Forces who served in classified mis-
sions.’’.
SEC. 5. REPORT ON MENTAL HEALTH AND RELATED SERV-
15
ICES PROVIDED BY THE DEPARTMENT OF
16
VETERANS AFFAIRS TO MEMBERS OF THE
17
ARMED FORCES.
18
(a) IN GENERAL.—Not later than one year after the
19
date of the enactment of this Act, the Secretary of Vet-
20
erans Affairs shall submit to the Committee on Veterans’
21
Affairs and the Committee on Appropriations of the Sen-
22
ate and the Committee on Veterans’ Affairs and the Com-
23
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•S 711 RS
mittee on Appropriations of the House of Representatives
1
a report that includes an assessment of the following:
2
(1) The increase, as compared to the day before
3
the date of the enactment of this Act, of the number
4
of members of the Armed Forces that use readjust-
5
ment counseling or outpatient mental health care
6
from
the
Department
of
Veterans
Affairs,
7
disaggregated by State, Vet Center location, and
8
clinical care site of the Department, as appropriate.
9
(2) The number of members of the reserve com-
10
ponents of the Armed Forces receiving telemental
11
health care from the Department.
12
(3) The increase, as compared to the day before
13
the date of the enactment of this Act, of the annual
14
cost associated with readjustment counseling and
15
outpatient mental health care provided by the De-
16
partment to members of the reserve components of
17
the Armed Forces.
18
(4) The changes, as compared to the day before
19
the date of the enactment of this Act, in staffing,
20
training, organization, and resources required for
21
the Department to offer readjustment counseling
22
and outpatient mental health care to members of the
23
reserve components of the Armed Forces.
24
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(5) Any challenges the Department has encoun-
1
tered in providing readjustment counseling and out-
2
patient mental health care to members of the reserve
3
components of the Armed Forces.
4
(b) VET CENTER DEFINED.—In this section, the
5
term ‘‘Vet Center’’ has the meaning given that term in
6
section 1712A(h) of title 38, United States Code.
7
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Calendar No. 538
116TH CONGRESS
2D SESSION
S. 711
A BILL
To amend title 38, United States Code, to expand
eligibility for mental health services from the De-
partment of Veterans Affairs to include members
of the reserve components of the Armed Forces,
and for other purposes.
SEPTEMBER 15, 2020
Reported without amendment
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