II 

115TH CONGRESS 

2D SESSION S. 2548 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to furnish mental health care to certain former members of 

the Armed Forces who are not otherwise eligible to receive such care, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2018 

Mr. HELLER (for himself, Mr. CORNYN, Mr. RUBIO, and Mr. GARDNER) introduced the following bill; which was read twice and 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 health care 

to certain former members of the Armed Forces who 

are not otherwise eligible to receive such care, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veteran Urgent Access 

5 to Mental Healthcare Act’’. 


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1 SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CER2 TAIN FORMER MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) IN GENERAL.—Chapter 17 of title 38, United 

5 States Code, is amended by inserting after section 1720H 

6 the following new section: 

7 ‘‘§ 1720I. Expansion of mental health care for certain 

8 former members of the Armed Forces 

9 ‘‘(a) IN GENERAL.—The Secretary shall furnish to 

10 former members of the Armed Forces described in sub11 section (b)— 

12 ‘‘(1) an initial mental health assessment; and 

13 ‘‘(2) the mental health care services authorized 

14 under this chapter that the Secretary determines are 

15 required to treat the mental health care needs of the 

16 former member, including risk of suicide or harming 

17 others. 

18 ‘‘(b) FORMER MEMBERS OF THE ARMED FORCES

19 DESCRIBED.—A former member of the Armed Forces de20 scribed in this subsection is an individual who meets the 

21 following criteria: 

22 ‘‘(1) The individual is a former member of the 

23 Armed Forces, including the reserve components, 

24 who— 

25 ‘‘(A) served in the active military, naval, or 

26 air service, and was discharged or released 


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1 therefrom under a condition that is not honor2 able except— 

3 ‘‘(i) dishonorable; or 

4 ‘‘(ii) bad conduct discharge; 

5 ‘‘(B) has applied for a character of service 

6 determination and such determination has not 

7 been made; and 

8 ‘‘(C) is not otherwise eligible to enroll in 

9 the health care system established under section 

10 1705 of this title by reason of such discharge 

11 or release not meeting the requirements of sec12 tion 101(2) of this title. 

13 ‘‘(2) While serving in the Armed Forces, the 

14 former member— 

15 ‘‘(A) was deployed in a theater of combat 

16 operations or an area at a time during which 

17 hostilities occurred in that area; 

18 ‘‘(B) participated in or experienced such 

19 combat operations or hostilities, including by 

20 controlling an unmanned aerial vehicle from a 

21 location other than such theater or area; or 

22 ‘‘(C) was the victim of a physical assault 

23 of a sexual nature, battery of a sexual nature, 

24 or sexual harassment (as defined in section 

25 1720D(f) of this title). 


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1 ‘‘(c) NON-DEPARTMENT CARE.—(1) In furnishing 

2 mental health care services to an individual under this sec3 tion, the Secretary may provide such mental health care 

4 services at a non-Department facility if— 

5 ‘‘(A) in the judgment of a mental health profes6 sional employed by the Department, the receipt of 

7 mental health care services by that individual in fa8 cilities of the Department would be clinically inadvis9 able; or 

10 ‘‘(B) facilities of the Department are not capa11 ble of furnishing such mental health care services to 

12 that individual economically because of geographical 

13 inaccessibility. 

14 ‘‘(2) The Secretary shall carry out paragraph (1) pur15 suant to section 1703 of this title or any other provision 

16 of law authorizing the Secretary to enter into contracts 

17 or agreements to furnish hospital care and medical serv18 ices to veterans at non-Department facilities. 

19 ‘‘(d) SETTING AND REFERRALS.—In furnishing men20 tal health care services to an individual under this section, 

21 the Secretary shall— 

22 ‘‘(1) seek to ensure that such mental health 

23 care services are furnished in a setting that is thera24 peutically appropriate, taking into account the cirVerDate Sep 11 2014 17:59 Mar 21, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2548.IS S2548

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1 cumstances that resulted in the need for such men2 tal health care services; and 

3 ‘‘(2) provide referral services to assist former 

4 members who are not eligible for services under this 

5 chapter to obtain services from sources outside the 

6 Department. 

7 ‘‘(e) INFORMATION.—(1) The Secretary shall provide 

8 information on the mental health care services available 

9 under this section. 

10 ‘‘(2) Efforts by the Secretary to provide information 

11 under paragraph (1)— 

12 ‘‘(A) shall include availability of a toll-free tele13 phone number (commonly referred to as an 800 

14 number); 

15 ‘‘(B) shall ensure that information about the 

16 mental health care services available under this sec17 tion— 

18 ‘‘(i) is revised and updated as appropriate; 

19 ‘‘(ii) is made available and visibly posted at 

20 appropriate facilities of the Department; and 

21 ‘‘(iii) is made available to State veterans 

22 agencies and through appropriate public infor23 mation services; and 

24 ‘‘(C) shall include coordination with the Sec25 retary of Defense seeking to ensure that members of 


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1 the Armed Forces and individuals who are being 

2 separated from active military, naval, or air service 

3 are provided appropriate information about pro4 grams, requirements, and procedures for applying 

5 for mental health care services under this section. 

6 ‘‘(f) ANNUAL REPORTS.—(1) Not less frequently 

7 than annually, the Secretary shall submit to Congress a 

8 report on the mental health care services provided pursu9 ant to this section. 

10 ‘‘(2) Each report submitted under paragraph (1) 

11 shall include data for the year covered by the report with 

12 respect to each of the following: 

13 ‘‘(A) The number of individuals who received 

14 mental health care services under subsection (a), 

15 disaggregated by the number of men who received 

16 such services and the number of women who re17 ceived such services. 

18 ‘‘(B) Such other information as the Secretary 

19 considers appropriate.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 17 of such title is amended 

22 by inserting after the item relating to section 1720H the 

23 following new item: 

‘‘1720I. Expansion of mental health care for certain former members of the 

Armed Forces.’’. 


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1 SEC. 3. CHARACTER OF SERVICE DETERMINATIONS. 

2 (a) IN GENERAL.—Chapter 53 of title 38, United 

3 States Code, is amended by inserting after section 5303A 

4 the following new section: 

5 ‘‘§ 5303B. Character of service determinations 

6 ‘‘(a) DETERMINATION.—The Secretary shall estab7 lish a process by which an individual who served in the 

8 Armed Forces and was discharged or dismissed therefrom 

9 may seek a determination from the Secretary with respect 

10 to whether such discharge or release was under a condition 

11 that bars the right of such individual to a benefit under 

12 the laws administered by the Secretary based upon the pe13 riod of service from which discharged or dismissed. 

14 ‘‘(b) PROVISION OF INFORMATION.—If the Secretary 

15 determines under subsection (a) that an individual is 

16 barred to a benefit under the laws administered by the 

17 Secretary, the Secretary shall provide to such individual 

18 information regarding the ability of the individual to ad19 dress such condition, including pursuant to section 5303 

20 of this title and chapter 79 of title 10.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 53 of such title is amended 

23 by inserting after the item relating to section 5303A the 

24 following new item: 

‘‘5303B. Character of service determinations.’’. 

Æ 


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