Honor Act of 2009 - Directs the Secretary of Veterans Affairs to carry out a program to provide scholarships for the pursuit of a graduate or postgraduate degree in behavioral health sciences to veterans who performed active-duty service in a theater of combat or during a contingency operation overseas. Requires the veteran, following completion of the degree requirements, to serve for an agreed-upon period with either the Department of Veterans Affairs (VA) or Department of Defense (DOD) furnishing mental health services to veterans or to members of the Armed Forces (members).
Directs the Secretary of Defense to carry out a program to employ and train former members who performed service described above as DOD psychiatric technicians and nurses providing mental health counseling and related services to members deployed to a combat zone.
Directs the Secretary of Veterans Affairs, upon request, to provide: (1) referral and related assistance to former members not otherwise authorized for counseling through the VA; and (2) readjustment counseling and mental health services to former members through Vet Centers.
Requires the suicide of a former member with a medical history of a combat-related mental health condition, post-traumatic stress disorder (PTSD), or traumatic brain injury (TBI) that occurs within a two-year period after separation or retirement to be treated as a death in the line of active duty for purposes of eligibility for active-duty survivors' benefits provided through the VA.
Requires the Secretaries of Defense and Veterans Affairs, jointly and annually, to: (1) review and assess their respective programs for the reintegration of members and veterans into civilian life following their retirement, discharge, or release; and (2) report review and assessment results to Congress.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3368 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3368
To enhance benefits for survivors of certain former members of the
Armed Forces with a history of post-traumatic stress disorder or
traumatic brain injury, to enhance availability and access to mental
health counseling for members of the Armed Forces and veterans, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2009
Ms. Markey of Colorado introduced the following bill; which was
referred to the Committee on Veterans' Affairs, and in addition to the
Committees on Armed Services and Ways and Means, 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 enhance benefits for survivors of certain former members of the
Armed Forces with a history of post-traumatic stress disorder or
traumatic brain injury, to enhance availability and access to mental
health counseling for members of the Armed Forces and veterans, 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. SHORT TITLE.
This Act may be cited as the ``Honor Act of 2009''.
SEC. 2. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND
POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.
(a) Scholarship Program.--
(1) Program.--The Secretary of Veterans Affairs shall carry
out a program to provide scholarships to qualifying veterans
for pursuit of a graduate or post-graduate degree in behavioral
health sciences.
(2) Designation.--The program carried out under this
section shall be known as the ``Department of Veterans Affairs
HONOR Scholarship Program'' (in this section referred to as the
``scholarship program'').
(b) Qualifying Veterans.--For purposes of this section, a
qualifying veteran is any veteran who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall
specify for purposes of the scholarship program in a theater of
combat or during a contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary of Defense for
purposes of the scholarship program;
(3) at the time of the submittal of an application to
participate in the scholarship program, holds an undergraduate
or graduate degree, as applicable, from an institution of
higher education that qualifies the veteran for pursuit of a
graduate or post-graduate degree in behavioral sciences; and
(4) meets such other qualifications as the Secretary of
Veterans Affairs may establish for purposes of the scholarship
program.
(c) Application.--Each qualifying veteran seeking to participate in
the scholarship program shall submit to the Secretary of Veterans
Affairs an application therefor setting forth such information as the
Secretary shall specify for purposes of the scholarship program.
(d) Agreement.--Each qualifying veteran selected by the Secretary
of Veterans Affairs for participation in the scholarship program shall
enter into an agreement with the Secretary regarding participation in
the scholarship program. The agreement shall contain such terms and
conditions as the Secretary shall specify for purposes of the
scholarship program.
(e) Scholarships.--
(1) In general.--The Secretary of Veterans Affairs shall
provide to each qualifying veteran who enters into an agreement
under subsection (d) a scholarship for such number of academic
years as the Secretary shall specify in the agreement for
pursuit of a graduate or post-graduate degree in behavioral
health sciences at an institution of higher education offering
such degree that is approved by the Secretary for purposes of
the scholarship program.
(2) Elements.--The scholarship provided a qualifying
veteran for an academic year shall consist of payment of the
following:
(A) Tuition of the qualifying veteran for pursuit
of the graduate or post-graduate degree concerned in
the academic year.
(B) Reasonable educational expenses of the
qualifying veteran (including fees, books, and
laboratory expenses) in pursuit of such degree in the
academic year.
(C) A stipend in connection with the pursuit of
such degree in the academic year in such amount as the
Secretary shall specify in the agreement of the
qualifying veteran under subsection (d).
(f) Obligated Service.--Each qualifying veteran who participates in
the scholarship program shall, after completion of the graduate or
post-graduate degree concerned and as jointly provided by the Secretary
of Veterans Affairs and the Secretary of Defense in the agreement of
such qualifying veteran under subsection (d), perform service as
follows:
(1) Such service for the Department of Veterans Affairs in
connection with the furnishing of mental health services to
veterans, and for such period, as the Secretary of Veterans
Affairs shall specify in the agreement.
(2) Such service for the Department of Defense in
connection with the furnishing of mental health services to
members of the Armed Forces, and for such period, as the
Secretary of Veterans Affairs shall, in consultation with the
Secretary of Defense, specify in the agreement.
(3) Such combination of service described by paragraphs (1)
and (2), and for such period, as the Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
specify in the agreement.
(g) Breach of Agreement.--Each qualifying veteran participating in
the scholarship who fails to complete satisfactorily the terms of the
agreement of such qualifying veteran under subsection (d), whether
through failure to obtain the graduate or post-graduate degree
concerned or failure to perform service required of the qualifying
veteran under subsection (f), shall be liable to the United States in
such form and manner as the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, specify in the agreement.
(h) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 3. PROGRAM OF EMPLOYMENT, TRAINING, AND DEPLOYMENT OF FORMER
MEMBERS OF THE ARMED FORCES WITH COMBAT EXPERIENCE AS
PSYCHIATRIC TECHNICIANS AND NURSES FOR MEMBERS OF THE
ARMED FORCES IN DEPLOYMENT.
(a) Program Required.--The Secretary of Defense shall carry out a
program to employ and train qualifying former members of the Armed
Forces as psychiatric technicians and nurses of the Department of
Defense for the provision of mental health counseling and services to
members of the Armed Forces who are deployed to a combat zone.
(b) Qualifying Former Members of the Armed Forces.--For purposes of
this section, a qualifying former member of the Armed Forces is any
member who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary shall specify for
purposes of the program in a theater of combat or during a
contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary for purposes of
the program; and
(3) meets such other qualifications as the Secretary may
establish for purposes of the program.
(c) Employment and Training.--
(1) Employment.--Each qualifying former member of the Armed
Forces selected by the Secretary for participation in the
program may be employed by the Secretary as a civilian employee
of the Department of Defense for such minimum period as the
Secretary considers appropriate for purposes of the program.
(2) Training.--Each qualifying former member of the Armed
Forces employed by the Secretary under paragraph (1) shall be
provided such training in the provision of mental health
counseling and services to members of the Armed Forces deployed
to a combat zone as the Secretary determines appropriate in
order to qualify such former member to serve as a psychiatric
technician or nurse, as applicable, of the Department of
Defense for the provision of such counseling and services to
such members of the Armed Forces.
(3) Service.--Upon the successful completion by a
qualifying former member of the Armed Forces of training
provided under paragraph (2), the Secretary shall require the
former member, as a psychiatric technician or nurse (as
applicable) of the Department of Defense, to provide such
mental health counseling and services to members of the Armed
Forces deployed to a combat zone as the Secretary considers
appropriate.
(4) Deployment to combat zone.--Each qualifying former
member of the Armed Forces serving as a psychiatric technician
or nurse of the Department of Defense under paragraph (3) shall
agree, as a condition of participation in the program, to
deploy to a combat zone to perform service as a psychiatric
technician or nurse, as the case may be, for members of the
Armed Forces deployed to the combat zone for such period (if
any), and under such terms and conditions, as the Secretary
determines appropriate.
(d) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 5. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR COUNSELING AND
RELATED MENTAL HEALTH SERVICES THROUGH VET CENTERS.
(a) Eligibility.--Section 1712A of title 38, United States Code, as
amended by section 4, is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f)(1) The Secretary shall, upon the request of a member of the
Armed Forces, furnish the member through a center the following:
``(A) In the case of a member of a regular component of the
Armed Forces, mental health services authorized to be provided
under this section.
``(B) In the case of a member of a reserve component of the
Armed Forces, readjustment counseling and related mental health
services authorized to be provided under this section,
including readjustment counseling to assist the member in
reintegrating into civilian life after demobilization from
active duty in the Armed Forces.
``(2) Any general mental and psychological assessment furnished a
member under this subsection shall include such criteria, and be
performed in such manner and with such protections for the member, as
the Secretary and the Secretary of Defense shall jointly prescribe for
purposes of this subsection.
``(3)(A) In the event a physician, psychologist, or other counselor
furnishing counseling or mental health services to a member under this
subsection determines that the member may be a danger to the member or
others, the physician, psychologist, or counselor, as the case may be,
shall notify an appropriate official of a military medical treatment
facility designated in the procedures under subparagraph (C) of the
determination.
``(B) An official receiving a notification under subparagraph (A)
with respect to a member shall transmit the notification to an
appropriate officer in the chain of command of the member, as
designated in the procedures under subparagraph (C).
``(C) The Secretary and the Secretary of Defense shall jointly
prescribe procedures for notifications under this paragraph. The
procedures shall include the following:
``(i) A designation of the military medical treatment
facilities to which notice with respect to members is to be
submitted under subparagraph (A).
``(ii) A specification of the officers who shall constitute
appropriate officers in the chain of command of a member for
purposes of the transmittal of notice under subparagraph (B).
``(4) The Secretary shall carry out this subsection pursuant to a
memorandum of understanding jointly entered into by the Secretary and
the Secretary of Defense.''.
(b) Outreach on Eligibility.--Subsection (g) of such section 1712A,
as redesignated by subsection (a)(1), is further amended by inserting
``and members of the Armed Forces'' after ``veterans''.
SEC. 6. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED
FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF
ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.
(a) Treatment as Death in Line of Duty of Suicides of Certain
Former Members of the Armed Forces.--The suicide of a former member of
the Armed Forces described in subsection (b) that occurs during the
two-year period beginning on the date of the separation or retirement
of the former member from the Armed Forces shall be treated as a death
in line of duty of a member of the Armed Forces on active duty in the
Armed Forces for purposes of the eligibility of the survivors of the
former member for the benefits described in subsection (c).
(b) Covered Former Members of the Armed Forces.--A former member of
the Armed Forces described in this subsection is any former member of
the Armed Forces with a medical history of a combat-related mental
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic
Brain Injury (TBI).
(c) Covered Benefits.--The benefits described in this subsection
are the benefits as follows:
(1) Burial benefits.
(2) Benefits under the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code.
(3) Benefits under the laws administered by the Secretary
of Veterans Affairs.
(4) Benefits under the Social Security Act.
(d) Dates for Purposes of Certain Determinations.--
(1) Date of death.--Except as provided in paragraph (2),
for purposes of the benefits under this section, the date of
death of a former member of the Armed Forces described by
subsection (a) shall be the date of the separation or
retirement of the former member from the Armed Forces.
(2) Date for nature of eligibility.--In determining the
scope and nature of the entitlement a survivor of a former
member of the Armed Forces described by subsection (a) to
benefits under this section, the date of death of the former
member shall be the date of the suicide of the former member.
(e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in
the retired pay of a former member of the Armed Forces described by
subsection (a) under the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the period beginning
on the date of the retirement of the former member from the Armed
Forces and ending on the date of the suicide of the former member shall
be refunded to the surviving spouse or children, as applicable, of the
former member.
SEC. 7. ANNUAL REPORTS ON EFFECTIVENESS OF MENTAL HEALTH TRAINING AND
RELATED COUNSELING UNDER REINTEGRATION PROGRAMS FOR
MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Annual Assessments.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly conduct a
review and assessment of the programs of the Department of Defense and
the Department of Veterans Affairs for the reintegration of members of
the Armed Forces and veterans into civilian life after retirement,
discharge, or release from the Armed Forces in order to assess the
extent of the effectiveness of the mental health resiliency training
and transition counseling provided to members of the Armed Forces,
veterans, and their families under such programs both before and after
retirement, discharge, or release from the Armed Forces.
(b) Reports.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report on each
review and assessment conducted under subsection (a). Each report shall
set forth the results of the review and assessment concerned and shall
include such recommendations for legislative or administrative action
as the Secretary of Defense with respect to Department of Defense
programs, the Secretary of Veterans Affairs with respect to Department
of Veterans Affairs programs, or the Secretary of Defense and the
Secretary of Veterans Affairs jointly consider appropriate.
<all>
Introduced in House
Introduced in House
Referred to House Veterans' Affairs
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on Armed Services, and Ways and Means, 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.
Referred to House Armed Services
Referred to House Ways and Means
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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