Honor Our Commitment Act of 2020
This bill requires the Department of Veterans Affairs to furnish mental and behavioral health care to certain veterans who were discharged under conditions other than honorable.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8268 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8268
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to furnish mental and behavioral health care to
certain individuals discharged or released from the active military,
naval, or air service under conditions other than honorable, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2020
Ms. Escobar introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to furnish mental and behavioral health care to
certain individuals discharged or released from the active military,
naval, or air service under conditions other than honorable, 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 Our Commitment Act of 2020''.
SEC. 2. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS MENTAL AND BEHAVIORAL
HEALTH CARE FOR CERTAIN INDIVIDUALS DISCHARGED OR
RELEASED FROM THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE
UNDER CONDITIONS OTHER THAN HONORABLE.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1712C the following
new section:
``Sec. 1712D. Mental and behavioral health care for certain individuals
discharged or released from the active military, naval,
or air service under conditions other than honorable
``(a) In General.--Notwithstanding section 5303(a) of this title
and subject to subsection (c), the Secretary shall furnish to an
eligible individual covered mental and behavioral health care.
``(b) Eligible Individuals.--For purposes of this section, an
eligible individual is any of the following:
``(1) An individual who--
``(A) served in the active military, naval, or air
service for a period of more than 180 days and was
deployed in a theater of combat operations or an area
at a time during which hostilities are occurring in
that area for a period of more than 30 days during such
service;
``(B) was discharged or released from such service
by reason of committing a covered offense; and
``(C) was diagnosed by a qualified mental health
care provider with a mental or behavioral health
condition before committing the covered offense.
``(2) An individual who--
``(A) served in the active military, naval, or air
service for a period of more than 180 days and was
deployed in a theater of combat operations or an area
at a time during which hostilities are occurring in
that area for a period of more than 30 days during such
service;
``(B) was discharged or released from such service
by reason of committing a covered offense;
``(C) is diagnosed with a mental or behavioral
health condition after committing such covered offense
but before the expiration of the five-year period
beginning on the later of--
``(i) the date of the enactment of the
Honor Our Commitment Act of 2020; or
``(ii) the date on which the individual is
discharged or released from such service;
``(D) submits to the Secretary--
``(i) a certification from a qualified
mental health care provider that the provider
believes such condition may have led the
individual to commit such offense; and
``(ii) the Certificate of Release or
Discharge from Active Duty (DD Form 214) of the
individual; and
``(E) is determined by the Secretary pursuant to
subsection (c) to have had a mental or behavioral
health condition at the time the individual committed
the covered offense that contributed to the commission
of the offense.
``(c) Determination by Secretary.--(1) Not later than 90 days after
receiving the information submitted under subsection (b)(2)(D) with
respect to an individual, the Secretary shall determine whether, at the
time of committing the covered offense, the individual had a mental or
behavioral health condition that contributed to the commission of the
offense.
``(2) If the Secretary does not make a determination under
paragraph (1) with respect to a mental or behavioral health condition
of an individual before the end of the 90-day period beginning on the
date of the submittal of the information described in subsection
(b)(2)(D), the condition is deemed to be a mental or behavioral health
condition that contributed to the commission of the offense until such
time as the Secretary makes the determination.
``(d) Initial Mental Health Screening.--(1) The Secretary may
furnish to each individual described in paragraph (2) an initial mental
health screening not later than the later of--
``(A) five years after the date of the enactment of the
Honor Our Commitment Act of 2020; or
``(B) five years after the date on which the individual was
discharged or released from the active military, naval, or air
service.
``(2) Individuals described in this paragraph are the following:
``(A) Eligible individuals described in subsection (b)(1).
``(B) Individuals described in subparagraphs (A), (B), and
(C) of subsection (b)(2).
``(3) The mental health screening provided to an individual under
paragraph (1) shall be at no cost to the individual.
``(e) Notification of Eligibility.--The Secretary shall notify each
eligible individual described in subsection (b)(1) about the
eligibility of the individual for covered mental and behavioral health
care under this section not later than the later of--
``(1) 180 days after the date of the enactment of the Honor
Our Commitment Act of 2020; or
``(2) 180 days after the date on which the individual was
discharged or released from the active military, naval, or air
service.
``(f) Annual Report.--Not less frequently than annually, 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 includes, with respect to the year
preceding the submittal of the report, the following:
``(1) The number of eligible individuals who were furnished
covered mental and behavioral health care under this section.
``(2) The number of individuals who the Secretary
determined under subsection (c) did not have a mental or
behavioral health condition at the time of committing a covered
offense that contributed to the commission of the offense.
``(3) The number of individuals who requested an initial
mental health screening under subsection (d).
``(4) The number of individuals who were furnished an
initial mental health screening under subsection (d).
``(g) Definitions.--In this section:
``(1) The term `covered mental and behavioral health care'
means the same types of medical services furnished by the
Department to individuals with service-connected mental or
behavioral health conditions to treat such conditions.
``(2) The term `covered offense' means an offense for which
an individual is discharged or separated from the active
military, naval, or air service under conditions other than
honorable but not a dishonorable discharge or a discharge by
court-martial.
``(3) The term `qualified mental health care provider'
means a licensed or certified health care provider whose scope
of practice includes diagnosing mental or behavioral health
conditions and includes physicians, psychologists, psychiatric
nurse practitioners, physician assistants, clinical social
workers, and licensed professional counselors.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1712C the following new item:
``1712D. Mental and behavioral health care for certain individuals
discharged or released from the active
military, naval, or air service under
conditions other than honorable.''.
(c) Effective Date.--Section 1712D of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 120
days after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
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