I 

111TH CONGRESS 

2D SESSION H. R. 5731 

To amend title 38, United States Code, to provide for annual reviews of 

mental health professionals treating veterans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2010 

Mrs. KIRKPATRICK of Arizona introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for annual 

reviews of mental health professionals treating veterans, 

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 ‘‘Veterans Mental 

5 Health Professionals Oversight Act of 2010’’. 

6 SEC. 2. REVIEW OF MENTAL HEALTH PROFESSIONALS OF 

7 THE DEPARTMENT OF VETERANS AFFAIRS. 

8 (a) IN GENERAL.— 


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1 (1) REVIEW.—Subchapter II of chapter 73 of 

2 title 38, United States Code, is amended by adding 

3 at the end the following new section: 

4 ‘‘§ 7330B. Review of mental health professionals 

5 ‘‘(a) REVIEW.—Not later than January 1 of each 

6 year, the Inspector General of the Department of Veterans 

7 Affairs shall conduct a review of mental health profes8 sionals employed by the Veterans Health Administration 

9 during the preceding fiscal year. 

10 ‘‘(b) REPORT.—Not later than 90 days after the date 

11 on which the review under subsection (a) is completed, the 

12 Inspector General shall submit to the Committee on Vet13 erans’ Affairs of the House of Representatives, the Com14 mittee on Veterans’ Affairs of the Senate, and the Advi15 sory Committee on Veterans with Psychological and Men16 tal Health Needs under section 547 of this title a report 

17 on such review. 

18 ‘‘(c) CONTENTS.—With respect to each covered facil19 ity in each geographic service area of the Veterans Health 

20 Administration, the report shall include the following: 

21 ‘‘(1) The number of full-time psychiatrists and 

22 psychologists employed during the preceding fiscal 

23 year. 


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1 ‘‘(2) The number of part-time (or part-time 

2 equivalent) psychiatrists and psychologists employed 

3 during the preceding fiscal year. 

4 ‘‘(3) The number of mental health nursing staff 

5 employed during the preceding fiscal year. 

6 ‘‘(4) The number of certified social workers as7 signed to mental health programs during the pre8 ceding fiscal year. 

9 ‘‘(5) The number of other direct-care mental 

10 health staff, including counselors and outreach work11 ers, employed during the preceding fiscal year. 

12 ‘‘(6) The number of administrative and support 

13 staff assigned to mental health programs during the 

14 preceding fiscal year. 

15 ‘‘(7) The number of full-time direct-care em16 ployees for all programs of the Veterans Health Ad17 ministration. 

18 ‘‘(8) The number of unfilled vacancies for men19 tal health positions that have been authorized for 

20 each geographic service area (including the number 

21 of positions per each covered facility) and the aver22 age length of time such positions remain unfilled. 

23 ‘‘(d) DEFINITION.—In this section, the term ‘covered 

24 facility’ includes each medical center, facility, and commuVerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5731.IH H5731

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1 nity-based outpatient clinic of the Veterans Health Admin2 istration.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 73 is amended by 

5 inserting after the item relating to section 7330A 

6 the following new item: 

‘‘7330B. Review of mental health professionals’’. 

7 (b) REPORT.—Not later than October 1, 2011, the 

8 Inspector General of the Department of Veterans Affairs 

9 shall submit to the Committee on Veterans’ Affairs of the 

10 House of Representatives, the Committee on Veterans’ Af11 fairs of the Senate, and the Advisory Committee on Vet12 erans with Psychological and Mental Health Needs under 

13 section 547 of title 38, United States Code, as added by 

14 section 3 of this Act, a report under section 7330B of such 

15 title, as added by subsection (a) of this section, with re16 spect to each of fiscal years 2004 through 2009. 

17 SEC. 3. ADVISORY COMMITTEE ON VETERANS WITH PSY18 CHOLOGICAL AND MENTAL HEALTH NEEDS. 

19 (a) IN GENERAL.—Subchapter III of chapter 5 of 

20 title 38, United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘§ 547. Advisory committee on veterans with psycho23 logical and mental health needs 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab25 lish an advisory committee to be known as the Advisory 


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1 Committee on Veterans with Psychological and Mental 

2 Health Needs (in this section referred to as the ‘Com3 mittee’). 

4 ‘‘(b) MEMBERSHIP.—The Committee shall consist of 

5 members appointed by the Secretary, including— 

6 ‘‘(1) mental health practitioners of the Depart7 ment; 

8 ‘‘(2) veterans; 

9 ‘‘(3) individuals representing veteran service or10 ganizations; and 

11 ‘‘(4) individuals representing other organiza12 tions related to mental health or veterans. 

13 ‘‘(c) RESPONSIBILITIES OF COMMITTEE.—(1) The 

14 Secretary shall, on a regular basis, consult with and seek 

15 the advice of the Committee with respect to the provision 

16 of mental health care to veterans. 

17 ‘‘(2) In addition to providing advice under paragraph 

18 (1), the Committee shall— 

19 ‘‘(A) analyze data contained in the reports sub20 mitted under section 7330B of this title; and 

21 ‘‘(B) collect information related to the provision 

22 of mental health treatment to veterans by the De23 partment, including by visiting medical facilities of 

24 the Department from time to time. 


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1 ‘‘(d) REPORTS.—Not later than March 1 of each 

2 year, beginning March 1, 2011, the Committee shall sub3 mit to the Secretary a report on the programs and activi4 ties of the Department that pertain to veterans with psy5 chological and mental health needs.’’. 

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

7 at the beginning of chapter 5 of title 38, United States 

8 Code, is amended by adding at the end the following: 

‘‘547. Advisory committee on veterans with psychological and mental health 

needs.’’. 

9 SEC. 4. REPORT ON CHRONIC MENTAL HEALTH CONDI10 TIONS. 

11 Not later than 90 days after the date of the enact12 ment of this Act, the Secretary of Veterans Affairs shall 

13 submit to the Committee on Veterans’ Affairs of the 

14 House of Representatives and the Committee on Veterans’ 

15 Affairs of the Senate a report on chronic mental health 

16 conditions. The report shall include the following: 

17 (1) The number of veterans diagnosed with 

18 chronic mental health conditions. 

19 (2) The anticipated needs of veterans of Oper20 ation Enduring Freedom and Operation Iraqi Free21 dom with respect to the treatment of chronic mental 

22 health conditions. 


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1 (3) With respect to treating the veterans de2 scribed in paragraph (2), the anticipated needs of 

3 the Department of Veterans Affairs related to— 

4 (A) the number (by type) of staff of the 

5 Veterans Health Administration; 

6 (B) the number (by type) of facilities of 

7 the Veterans Health Administration; 

8 (C) the equipment and other resources 

9 used in such treatment; and 

10 (D) the amount of funding required by the 

11 Secretary. 

12 (4) The optimal panel size of patients for men13 tal health professionals treating the veterans de14 scribed in paragraphs (1) and (2). 

15 SEC. 5. STUDY ON SUBSTANCE-USE DISORDERS AND REHA16 BILITATION. 

17 (a) STUDY.—The Secretary of Veterans Affairs shall 

18 conduct a study of substance-use disorders among vet19 erans. Such study shall include— 

20 (1) the barriers to rehabilitation and treatment 

21 of such substance-use disorders; 

22 (2) the effect early intervention services have on 

23 treating substance-use disorders; 


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1 (3) the effect counseling, including couples and 

2 family counseling, has on treating substance-use dis3 orders; and 

4 (4) developing programs to combat any stigmas 

5 related to treating substance-use disorders that pre6 vent veterans from seeking such treatment. 

7 (b) REPORT.—Not later than one year after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to the Committee on Veterans’ Affairs of the House of 

10 Representatives and the Committee on Veterans’ Affairs 

11 of the Senate a report on the study required by subsection 

12 (a). 

13 SEC. 6. COMPTROLLER GENERAL REPORTS ON MENTAL 

14 HEALTH PROGRAMS. 

15 (a) MHSP AND UMHS.— 

16 (1) IN GENERAL.—Not later than one year 

17 after the date of the enactment of this Act, the 

18 Comptroller General of the United States shall con19 duct a study to assess— 

20 (A) the progress of the Secretary of Vet21 erans Affairs in implementing the Mental 

22 Health Strategic Plan of the Veterans Health 

23 Administration of the Department of Veterans 

24 Affairs (published November 2004); and 


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1 (B) the status of the Uniform Mental 

2 Health Services handbook of the Veterans 

3 Health Administration (Veterans Health Ad4 ministration handbook 1160.01, published Sep5 tember 11, 2008) at the end of fiscal year 

6 2010. 

7 (2) REPORT.—Not later than 30 days after the 

8 study under paragraph (1) is completed, the Comp9 troller General shall submit to the Committee on 

10 Veterans’ Affairs of the House of Representatives, 

11 the Committee on Veterans’ Affairs of the Senate, 

12 and the Secretary of Veterans Affairs a report on 

13 the study, including the number of full-time mental 

14 health professionals the Comptroller General deter15 mines necessary to implement the Mental Health 

16 Strategic Plan and the Uniform Mental Health Serv17 ices handbook. 

18 (b) VERA SYSTEM.—Not later than one year after 

19 the date of the enactment of this Act, the Comptroller 

20 General shall submit to the Committee on Veterans’ Af21 fairs of the House of Representatives, the Committee on 

22 Veterans’ Affairs of the Senate, and the Secretary of Vet23 erans Affairs a report on any modifications to the Vet24 erans’ Equitable Resource Allocation system of the Vet25 erans Health Administration that the Comptroller General 


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1 determines necessary for the Secretary of Veterans Affairs 

2 to meet the mental health needs of veterans. 

Æ 


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