S 325

112th CONGRESS
1st Session

S. 325

To amend title 10, United States Code, to require the provision of behavioral health services to members of the reserve components of the Armed Forces necessary to meet pre-deployment and post-deployment readiness and fitness standards, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 10, 2011

Mrs. MURRAY (for herself and Mrs. MCCASKILL) introduced the following bill; which was read twice and referred to the Committee on Armed Services


A BILL

To amend title 10, United States Code, to require the provision of behavioral health services to members of the reserve components of the Armed Forces necessary to meet pre-deployment and post-deployment readiness and fitness standards, 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 `Embedded Mental Health Providers for Reserves Act of 2011'.

SEC. 2. ACCESS TO MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES PERFORMING INACTIVE-DUTY TRAINING.

    Section 1074a of title 10, United States Code, is amended--

      (1) by redesignating subsection (h) as subsection (i);

      (2) by inserting after subsection (g) the following new subsection (h):

    `(h)(1) The Secretary concerned shall provide to any member of the reserve components performing inactive-duty training during scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be available for referrals during duty hours on the premises of the principal duty location of the member's unit.

    `(2) All mental health services provided under this subsection 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.

    `(3) Mental health services provided to a member under this subsection shall be at no cost to the member.'; and

      (3) in subsection (i), as redesignated by paragraph (1), by striking `medical and dental readiness' and inserting `medical, dental, and behavioral health readiness'.

SEC. 3. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

    (a) In General- Each member of a reserve component of the Armed Forces participating in annual training or individual duty training shall, while so participating, have access to the behavioral health support programs for members of the reserve components described in subsection (b).

    (b) Behavioral Health Support Programs- The behavioral health support programs for member of the reserve components described in this subsection shall include one or any combination of the following:

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

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

      (3) Psychological health programs.

      (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.

    (c) Availability of Defense Health Program Funds- Subject to applicable provisions of appropriations Acts, amounts available for the Department of Defense for Defense Health Program shall be available for behavioral health support programs for members of the reserve components under this section.

    (d) Budget- The Office of the Secretary of Defense for Health Affairs shall coordinate with the reserve components, including the National Guard Bureau, in determining the amounts required on a fiscal-year basis for behavioral support programs for members of the reserve components under this section.

    (e) Executive Agent- The Joint Staff of the National Guard Bureau shall be the executive agent for the implementation of behavioral health support programs for members of the reserve components under this section.

END