II 

110TH CONGRESS 

2D SESSION S. 3374 

To establish a commission on veterans and members of the Armed Forces 

with post traumatic stress disorder, traumatic brain injury, or other 

mental health disorders, to enhance the capacity of mental health care 

providers to assist such veterans and members, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To establish a commission on veterans and members of the 

Armed Forces with post traumatic stress disorder, traumatic brain injury, or other mental health disorders, 

to enhance the capacity of mental health care providers 

to assist such veterans and members, 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 ‘‘Healing Our Nation’s 

5 Heroes Act of 2008’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Since October 2001, approximately 

4 1,640,000 members of the Armed Forces have been 

5 deployed as part of Operation Enduring Freedom or 

6 Operation Iraqi Freedom. 

7 (2) 300,000 members of the Armed Forces are 

8 suffering from major depression or post traumatic 

9 stress because of service in Operation Enduring 

10 Freedom or Operation Iraqi Freedom. 

11 (3) 320,000 of the members of the Armed 

12 Forces who served in Operation Enduring Freedom 

13 or Operation Iraqi Freedom, or 19 percent of such 

14 members, have received brain injuries from such 

15 service. 

16 (4) Only 43 percent of members of the Armed 

17 Forces with a probable traumatic brain injury have 

18 reported receiving a medical evaluation for their 

19 head injury. 

20 (5) Records of the Department of Veterans Af21 fairs show that 120,000 members of the Armed 

22 Forces who are no longer on active duty have been 

23 diagnosed with mental health problems, approxi24 mately half of whom suffer from post traumatic 

25 stress disorder (PTSD). 


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1 (6) In the last year, only 53 percent of those 

2 members of the Armed Forces with post traumatic 

3 stress disorder or depression have sought profes4 sional help from a mental health care provider. 

5 (7) Rates of post traumatic stress disorder and 

6 depression are highest among members of the 

7 Armed Forces who are women or members of the 

8 Reserves. 

9 (8) Efforts to improve access to quality mental 

10 health care are integral to supporting and treating 

11 both active duty members of the Armed Forces and 

12 veterans. 

13 (9) Without quality mental health care, mem14 bers of the Armed Forces and veterans may experi15 ence lower work productivity, which negatively af16 fects their physical health, mental health, and family 

17 and social relationships. 

18 (10) Cultural and personal stigmas are factors 

19 that contribute to low rates of veterans of Operation 

20 Enduring Freedom and Operation Iraqi Freedom 

21 who seek mental health care from qualified mental 

22 health care providers. 

23 (11) The capacity of mental health care pro24 viders and access to such providers must be im25 proved to meet the needs of members of the Armed 


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1 Forces who are returning from deployment in Oper2 ation Enduring Freedom or Operation Iraqi Free3 dom. 

4 (12) Community-based providers of mental 

5 health care are invaluable assets in addressing the 

6 needs of such members and should not be over7 looked. 

8 (13) Coordination of care among government 

9 agencies as well as nongovernmental agencies is inte10 gral to the successful treatment of members of the 

11 Armed Forces returning from deployment. 

12 SEC. 3. COMMISSION ON VETERANS AND MEMBERS OF THE 

13 ARMED FORCES WITH POST TRAUMATIC 

14 STRESS DISORDER, TRAUMATIC BRAIN IN15 JURY, OR OTHER MENTAL HEALTH DIS16 ORDERS CAUSED BY SERVICE IN THE ARMED 

17 FORCES. 

18 (a) ESTABLISHMENT OF COMMISSION.—There is es19 tablished a commission on veterans and members of the 

20 Armed Forces with post traumatic stress disorder 

21 (PTSD), traumatic brain injury, or other mental health 

22 disorders caused by service in the Armed Forces. 

23 (b) MEMBERSHIP.— 

24 (1) COMPOSITION.—The commission shall be 

25 composed of a chair and members appointed jointly 


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1 by the Secretary of Veterans Affairs and the Sec2 retary of Defense, including not less than one of 

3 each of the following: 

4 (A) Members of the Armed Forces on ac5 tive duty. 

6 (B) Veterans who are retired from the 

7 Armed Forces. 

8 (C) Employees of the Department of Vet9 erans Affairs. 

10 (D) Employees of the Department of De11 fense. 

12 (E) Recognized medical or scientific au13 thorities in fields relevant to the commission, 

14 including psychiatry and medical care. 

15 (F) Mental health professionals who are 

16 not physicians. 

17 (G) Veterans who have undergone treat18 ment for post traumatic stress disorder, trau19 matic brain injury, or other mental health dis20 orders. 

21 (2) CONSIDERATION OF RECOMMENDATIONS.— 

22 In appointing members of the commission, the Sec23 retary of Veterans Affairs and the Secretary of De24 fense shall consult with nongovernmental organizaVerDate Aug 31 2005 02:21 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3374.IS S3374

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1 tions that represent veterans, members of the Armed 

2 Forces, and families of such veterans and members. 

3 (c) DUTIES.— 

4 (1) IN GENERAL.—The commission shall— 

5 (A) oversee the monitoring and treatment 

6 of veterans and members of the Armed Forces 

7 with post traumatic stress disorder, traumatic 

8 brain injury, or other mental health disorders 

9 caused by service in the Armed Forces; and 

10 (B) conduct a thorough study of all mat11 ters relating to the long-term adverse con12 sequences of such disorders for such veterans 

13 and members, including an analysis of— 

14 (i) the information gathered from re15 screening data obtained from post deploy16 ment interviews; and 

17 (ii) treatments that have been shown 

18 to be effective in the treatment of post 

19 traumatic stress disorder, traumatic brain 

20 injury, or other mental health disorders 

21 caused by service in the Armed Forces. 

22 (2) RECOMMENDATIONS.—The commission 

23 shall develop recommendations on the development 

24 of initiatives— 


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1 (A) to mitigate the adverse consequences 

2 studied under paragraph (1)(B); and 

3 (B) to reduce cultural stigmas associated 

4 with treatment of post traumatic stress dis5 order, traumatic brain injury, or other mental 

6 health disorders of veterans and members of the 

7 Armed Forces. 

8 (3) ANNUAL REPORTS.—Not later than Sep9 tember 30 each year, the commission shall submit to 

10 the appropriate committees of Congress a report 

11 containing the following: 

12 (A) A detailed statement of the findings 

13 and conclusions of the commission as a result 

14 of its activities under paragraph (1). 

15 (B) The recommendations of the commis16 sion developed under paragraph (2). 

17 (d) POWERS OF THE COMMISSION.— 

18 (1) SITE VISITS.—The commission may visit lo19 cations where veterans and members of the Armed 

20 Forces with post traumatic stress disorder, trau21 matic brain injury, or other mental health disorders 

22 caused by service in the Armed Forces receive treat23 ment for such disorders to carry out the oversight 

24 and monitoring required by subsection (c)(1)(A). 


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1 (2) INFORMATION FROM FEDERAL AGENCIES.— 

2 The commission may secure directly from any Fed3 eral department or agency such information as the 

4 commission considers necessary to carry out the pro5 visions of this Act. Upon request of the chair of the 

6 commission, the head of such department or agency 

7 shall furnish such information to the commission. 

8 (e) TERMINATION.—The commission shall be termi9 nated at the joint discretion of the Secretary of Defense 

10 and the Secretary of Veterans Affairs. 

11 (f) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Armed Services and the 

15 Committee on Veterans’ Affairs of the Senate; and 

16 (2) the Committee on Armed Services and the 

17 Committee on Veterans’ Affairs of the House of 

18 Representatives. 

19 SEC. 4. HEROES-TO-HEALERS PROGRAM. 

20 (a) IN GENERAL.—Part III of title 38, United States 

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

22 ‘‘CHAPTER 44—HEROES-TO-HEALERS 

23 PROGRAM 

‘‘Sec. 

‘‘4400. Purposes. 

‘‘4401. Definitions. 

‘‘4402. Authorization of Heroes-to-Healers Program. 

‘‘4403. Recruitment and selection of Program participants. 


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‘‘4404. Participation agreement and financial assistance. 

‘‘4405. Participation by States. 

‘‘4406. Reporting requirements. 

‘‘4407. Authorization of appropriations. 

1 ‘‘§ 4400. Purposes 

2 ‘‘The purposes of this chapter are— 

3 ‘‘(1) to encourage veterans and members of the 

4 Armed Forces separating from the Armed Forces— 

5 ‘‘(A) to obtain certification or licensing as 

6 mental health care providers; and 

7 ‘‘(B) to obtain employment with Federal, 

8 State, and local agencies and nongovernmental 

9 organizations that provide mental health care to 

10 members of the Armed Forces, veterans, or the 

11 families of such members or veterans; and 

12 ‘‘(2) to enhance the capacity of such agencies 

13 and organizations to provide such care, by increasing 

14 the number of individuals seeking employment for 

15 the provision of such care. 

16 ‘‘§ 4401. Definitions 

17 ‘‘In this chapter: 

18 ‘‘(1) The term ‘mental health care provider’, 

19 with respect to an individual, means a psychiatrist, 

20 psychologist, social worker, psychiatric nurse, mental 

21 health counselor, or marriage and family therapist. 


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1 ‘‘(2) The term ‘Program’ means the Heroes-to2 Healers Program authorized by section 4402 of this 

3 title and described in this chapter. 

4 ‘‘§ 4402. Authorization of Heroes-to-Healers Program 

5 ‘‘(a) PURPOSE.—The purpose of this section is to au6 thorize— 

7 ‘‘(1) the Heroes-to-Healers Program; and 

8 ‘‘(2) a mechanism for the funding and adminis9 tration of such program. 

10 ‘‘(b) PROGRAM AUTHORIZED.—(1) The Secretary 

11 may carry out a program— 

12 ‘‘(A) to assist eligible individuals described in 

13 section 4403 of this title in obtaining certification or 

14 licensing (as prescribed for under applicable State 

15 law) as mental health care providers; and 

16 ‘‘(B) to facilitate the employment of such indi17 viduals, by Federal, State, and local agencies and 

18 nongovernmental organizations that provide mental 

19 health care to members of the Armed Forces, vet20 erans, or the families of such members or veterans, 

21 to provide such care. 

22 ‘‘(2) The program authorized by paragraph (1) and 

23 described in this chapter shall be known as the ‘Heroes24 to-Healers Program’. 


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1 ‘‘(c) ADMINISTRATION OF PROGRAM.—The Secretary 

2 shall administer the Program in consultation with the Sec3 retary of Defense. 

4 ‘‘(d) INFORMATION REGARDING PROGRAM.—The 

5 Secretary shall provide to the Secretary of Defense infor6 mation regarding the Program and applications for par7 ticipation in the Program, for distribution as part of 

8 preseparation counseling provided under section 1142 of 

9 title 10 to members of the Armed Forces described in sec10 tion 4403 of this title. 

11 ‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERV12 ICES.—The Secretary may, with the agreement of the Sec13 retary of Defense, provide placement assistance and refer14 ral services to individuals who meet the criteria described 

15 in section 4403 of this title. 

16 ‘‘§ 4403. Recruitment and selection of Program par17 ticipants 

18 ‘‘(a) ELIGIBLE INDIVIDUALS.—The following individ19 uals are eligible for selection to participate in the Pro20 gram: 

21 ‘‘(1) Any individual who— 

22 ‘‘(A) was a member of the Armed Forces 

23 and becomes entitled to retired or retainer pay 

24 in the manner provided in title 10 or title 14; 

25 or 


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1 ‘‘(B) has an approved date of retirement 

2 from service in the Armed Forces. 

3 ‘‘(2) Any individual who— 

4 ‘‘(A)(i) is separated or released from active 

5 duty in the Armed Forces after two or more 

6 years of continuous active duty in the Armed 

7 Forces immediately before the separation or re8 lease; or 

9 ‘‘(ii) has completed a total of at least— 

10 ‘‘(I) three years of active duty service 

11 in the Armed Forces; 

12 ‘‘(II) three years of service computed 

13 under section 12732 of title 10; or 

14 ‘‘(III) three years of any combination 

15 of such service; and 

16 ‘‘(B) executes a reserve commitment agree17 ment for a period of not less than 3 years 

18 under subsection (e)(2). 

19 ‘‘(3) Any individual who is retired or separated 

20 for physical disability under chapter 61 of title 10. 

21 ‘‘(b) SUBMISSION OF APPLICATIONS.—(1) Selection 

22 of eligible individuals to participate in the Program shall 

23 be made on the basis of applications submitted to the Sec24 retary within the time periods specified in paragraph (2). 


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1 An application shall be in such form and contain such in2 formation as the Secretary may require. 

3 ‘‘(2) An application of an individual shall be consid4 ered to be submitted on a timely basis under paragraph 

5 (1) if the application is submitted not later than five years 

6 after the date on which the individual is retired, separated, 

7 or released from active duty in the Armed Forces, as the 

8 case may be. 

9 ‘‘(c) SELECTION CRITERIA.—(1) The Secretary shall 

10 prescribe the criteria to be used to select eligible individ11 uals to participate in the Program. 

12 ‘‘(2) An individual is eligible to participate in the Pro13 gram only if the individual’s last period of service in the 

14 Armed Forces was honorable, as characterized by the Sec15 retary concerned. An individual selected to participate in 

16 the Program before the retirement of the individual or the 

17 separation or release of the individual from active duty 

18 in the Armed Forces may continue to participate in the 

19 Program after the retirement, separation, or release only 

20 if the individual’s last period of service is characterized 

21 as honorable by the Secretary concerned. 

22 ‘‘(d) SELECTION PRIORITIES.—In selecting eligible 

23 individuals to receive assistance under the Program, the 

24 Secretary shall give priority to individuals who engaged 

25 in combat while serving in the Armed Forces. 


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1 ‘‘(e) OTHER CONDITIONS ON SELECTION.—(1) The 

2 Secretary may not select an eligible individual to partici3 pate in the Program under this section and receive finan4 cial assistance under section 4404 of this title unless the 

5 Secretary has sufficient appropriations for the Program 

6 available at the time of the selection to satisfy the obliga7 tions to be incurred by the United States under section 

8 4404 of this title with respect to the individual. 

9 ‘‘(2) The Secretary may not select an eligible indi10 vidual described in subsection (a)(2)(A) to participate in 

11 the Program under this section and receive financial as12 sistance under section 4404 of this title unless— 

13 ‘‘(A) the Secretary notifies the Secretary con14 cerned and the individual that the Secretary has re15 served a full stipend or bonus under section 4404 of 

16 this title for the individual; and 

17 ‘‘(B) the individual executes a written agree18 ment with the Secretary concerned to serve as a 

19 member of the Selected Reserve of a reserve compo20 nent of the Armed Forces for a period of not less 

21 than three years (in addition to any other reserve 

22 commitment the individual may have). 


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1 ‘‘§ 4404. Participation agreement and financial assist2 ance 

3 ‘‘(a) PARTICIPATION AGREEMENT.—(1) An eligible 

4 individual selected to participate in the Program under 

5 section 4403 of this title and receive financial assistance 

6 under this section shall be required to enter into an agree7 ment with the Secretary in which the individual agrees— 

8 ‘‘(A) within such time as the Secretary may re9 quire, to obtain certification or licensing as a mental 

10 health care provider; and 

11 ‘‘(B) to accept an offer of full-time employment 

12 as a mental health care provider for not less than 

13 five years with a Federal, State, or local agency or 

14 nongovernmental organization that provides mental 

15 health care to members of the Armed Forces, vet16 erans, or the families of such members or veterans. 

17 ‘‘(2) The Secretary may waive the five-year commit18 ment described in paragraph (1)(B) for a participant if 

19 the Secretary determines such waiver to be appropriate. 

20 If the Secretary provides the waiver, the participant shall 

21 not be considered to be in violation of the agreement and 

22 shall not be required to provide reimbursement under sub23 section (f), for failure to meet the five-year commitment. 

24 ‘‘(3) The Secretary shall encourage eligible individ25 uals to seek employment with mental health care providers 


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1 located more than 75 miles from a Department medical 

2 center. 

3 ‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; 

4 EXCEPTIONS.—A participant in the Program shall not be 

5 considered to be in violation of the participation agree6 ment entered into under subsection (a) during any period 

7 in which the participant— 

8 ‘‘(1) is pursuing a full-time course of study re9 lated to the field of mental health care at an institu10 tion of higher education; 

11 ‘‘(2) is serving on active duty as a member of 

12 the Armed Forces; 

13 ‘‘(3) is temporarily totally disabled for a period 

14 of time not to exceed three years as established by 

15 sworn affidavit of a qualified physician; 

16 ‘‘(4) is unable to secure employment for a pe17 riod not to exceed 12 months by reason of the care 

18 required by a spouse who is disabled; 

19 ‘‘(5) is a mental health care provider who is 

20 seeking and unable to find full-time employment as 

21 a mental health care provider in a Federal, State, or 

22 local agency or nongovernmental organization that 

23 provides mental health care to members of the 

24 Armed Forces, veterans, or the families of such 


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1 members or veterans for a single period not to ex2 ceed 27 months; or 

3 ‘‘(6) satisfies the provisions of additional reim4 bursement exceptions that may be prescribed by the 

5 Secretary. 

6 ‘‘(c) STIPEND FOR PARTICIPANTS.—(1) Subject to 

7 paragraph (2), the Secretary may pay to a participant in 

8 the Program selected under section 4403 of this title a 

9 stipend in an amount of not more than $5,000 per year 

10 of participation in the Program. 

11 ‘‘(2) The total number of stipends that may be paid 

12 under paragraph (1) in any fiscal year may not exceed 

13 2,500. 

14 ‘‘(d) BONUS FOR PARTICIPANTS.—(1) Subject to 

15 paragraph (2), the Secretary of Education may, in lieu 

16 of paying a stipend under subsection (c), pay a bonus of 

17 up to $10,000 to a participant in the Program selected 

18 under section 4403 of this title who agrees in the partici19 pation agreement under subsection (a) to become a mental 

20 health care provider and to accept full-time employment 

21 as a mental health care provider for not less than five 

22 years in a Federal, State, or local agency or nongovern23 mental organization that provides mental health care to 

24 members of the Armed Forces, veterans, or the families 

25 of such members or veterans. 


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1 ‘‘(2) The total number of bonuses that may be paid 

2 under paragraph (1) in any fiscal year may not exceed 

3 2,000. 

4 ‘‘(e) TREATMENT OF STIPEND AND BONUS.—A sti5 pend or bonus paid under this section to a participant in 

6 the Program shall not be taken into account in deter7 mining the eligibility of the participant for Federal stu8 dent financial assistance provided under title IV of the 

9 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 

10 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR11 CUMSTANCES.—(1) A participant in the Program who is 

12 paid a stipend or bonus under this section shall be re13 quired to repay the stipend or bonus under the following 

14 circumstances: 

15 ‘‘(A) The participant fails to obtain mental 

16 health care provider certification or licensing, to be17 come a mental health care provider, or to obtain em18 ployment as a mental health care as required by the 

19 participation agreement under subsection (a). 

20 ‘‘(B) The participant voluntarily leaves, or is 

21 terminated for cause from, employment as a mental 

22 health care provider during the five years of required 

23 service in violation of the participation agreement. 

24 ‘‘(C) The participant executed a written agree25 ment with the Secretary concerned under section 


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1 4403(e)(2) of this title to serve as a member of a 

2 reserve component of the Armed Forces for a period 

3 of three years and fails to complete the required 

4 term of service. 

5 ‘‘(2) A participant required to reimburse the Sec6 retary for a stipend or bonus paid to the participant under 

7 this section shall pay an amount that bears the same ratio 

8 to the amount of the stipend or bonus as the unserved 

9 portion of required service bears to the five years of re10 quired service. Any amount owed by the participant shall 

11 bear interest at the rate equal to the highest rate being 

12 paid by the United States on the day on which the reim13 bursement is determined to be due for securities having 

14 maturities of 90 days or less and such interest shall accrue 

15 from the day on which the participant is first notified of 

16 the amount due. 

17 ‘‘(3) The obligation to reimburse the Secretary under 

18 this subsection is, for all purposes, a debt owing the 

19 United States. A discharge in bankruptcy under title 11 

20 shall not release a participant from the obligation to reim21 burse the Secretary under this subsection. 

22 ‘‘(4) A participant shall be excused from reimburse23 ment under this subsection if the participant becomes per24 manently totally disabled as established by sworn affidavit 

25 of a qualified physician. The Secretary may also waive the 


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1 reimbursement in cases of extreme hardship to the partici2 pant, as determined by the Secretary. 

3 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

4 UNDER TITLES 10 AND 38.—The receipt by a participant 

5 in the Program of a stipend or bonus under this section 

6 shall not reduce or otherwise affect the entitlement of the 

7 participant to any benefits under chapters 30, 31, 33, or 

8 35 of this title or chapters 1606 or 1607 of title 10. 

9 ‘‘§ 4405. Participation by States 

10 ‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH

11 CONSORTIA OF STATES.—The Secretary may permit 

12 States participating in the Program to carry out activities 

13 authorized for such States under the Program through 

14 one or more consortia of such States. 

15 ‘‘(b) ASSISTANCE TO STATES.—(1) Subject to para16 graph (2), the Secretary may make grants to States par17 ticipating in the Program, or to consortia of such States, 

18 in order to permit such States or consortia of States to 

19 operate offices for purposes of recruiting eligible individ20 uals for participation in the Program and facilitating the 

21 employment of participants in the Program as a mental 

22 health care provider. 

23 ‘‘(2) The total amount of grants made under para24 graph (1) in any fiscal year may not exceed $5,000,000. 


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1 ‘‘§ 4406. Reporting requirements 

2 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 

3 180 days after the date of the enactment of this chapter 

4 and annually thereafter, the Secretary shall, in consulta5 tion with the Secretary of Defense, the Secretary of 

6 Homeland Security, and the Comptroller General of the 

7 United States, submit to Congress a report on the effec8 tiveness of the Program in the recruitment and retention 

9 of qualified personnel by Federal, State, and local agencies 

10 and nongovernmental organizations that provide mental 

11 health care to members of the Armed Forces, veterans, 

12 or the families of such members or veterans. 

13 ‘‘(b) ELEMENTS OF REPORT.—The report submitted 

14 under subsection (a) shall include information on the fol15 lowing: 

16 ‘‘(1) The number of participants in the Pro17 gram. 

18 ‘‘(2) The types of positions in which the partici19 pants are employed. 

20 ‘‘(3) The populations served by the partici21 pants. 

22 ‘‘(4) The agencies and organizations in which 

23 the participants are employed as mental health care 

24 providers. 

25 ‘‘(5) The types of agencies and organizations 

26 with which the participants are employed. 


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1 ‘‘(6) The geographic distribution of the agencies 

2 and organizations with which participants are em3 ployed. 

4 ‘‘(7) The rates of retention of the participants 

5 by the Federal, State, and local agencies and non6 governmental organizations employing the partici7 pants. 

8 ‘‘(8) Such other matters as the Secretary con9 siders to be appropriate. 

10 ‘‘§ 4407. Authorization of appropriations 

11 ‘‘There are authorized to be appropriated to the Sec12 retary to carry out the provisions of this chapter 

13 $10,000,000 for fiscal year 2009 and each fiscal year 

14 thereafter.’’. 

15 (b) CLERICAL AMENDMENTS.—The tables of chap16 ters at the beginning of title 38, United States Code, and 

17 at the beginning of part III of such title, are each amend18 ed by inserting after the item relating to chapter 43 the 

19 following new item: 

‘‘44. Heroes-to-Healers Program .................................................. 4400’’. 


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1 SEC. 5. GRANT PROGRAM TO ENCOURAGE STATE AND 

2 LOCAL MENTAL HEALTH AGENCIES TO ES3 TABLISH, EXPAND, OR ENHANCE MENTAL 

4 HEALTH PROVIDER RECRUITMENT AND RE5 TENTION EFFORTS. 

6 (a) PURPOSES.—It is the purpose of this section to 

7 establish a program to recruit and retain highly qualified 

8 mid-career professionals and recent graduates of an insti9 tution of higher education, as psychiatrists, psychologists, 

10 social workers, psychiatric nurses, mental health coun11 selors, or marriage and family therapists. 

12 (b) DEFINITIONS.—In this section: 

13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means an entity described in subsection (c)(2). 

15 (2) ELIGIBLE PARTICIPANT.—The term ‘‘eligi16 ble participant’’ means— 

17 (A) an individual with substantial, demon18 strable career experience; or 

19 (B) an individual who has graduated from 

20 an institution of higher education not more 

21 than 3 years prior to applying to an eligible en22 tity to become to be a mental health provider 

23 under this section. 

24 (3) MENTAL HEALTH PROVIDER.—The term 

25 ‘‘mental health provider’’ means a psychiatrist, psy26 chologist, social worker, psychiatric nurse, mental 


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1 health counselor, marriage or family therapist, or 

2 any other provider determined appropriate by the 

3 Secretary. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Education. 

6 (c) GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary may, in con8 sultation with the Secretary of Defense, the Sec9 retary of Health and Human Services, and the Sec10 retary of Veterans Affairs, establish a program to 

11 award grants, on a competitive basis, to eligible enti12 ties to encourage State and local mental health 

13 agencies or other entities to establish, expand, or en14 hance mental health provider recruitment and reten15 tion efforts. The Secretary may establish tiered 

16 grant award amounts based on criteria including 

17 specific need for highly qualified mental health pro18 viders by profession within a high demand area, geo19 graphic location, and existing compensation rates. 

20 (2) ELIGIBLE ENTITIES.—To be eligible to re21 ceive a grant under this section, an entity shall be— 

22 (A) a State health agency; 

23 (B) a high-need local health agency; 

24 (C) a for-profit or nonprofit organization 

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1 ing and retaining highly qualified mental health 

2 providers, that has entered into a partnership 

3 with a high-need local health agency or with a 

4 State health agency; 

5 (D) an institution of higher education that 

6 has entered into a partnership with a high-need 

7 local health agency or with a State health agen8 cy; 

9 (E) a regional consortium of State health 

10 agencies; or 

11 (F) a consortium of high-need local health 

12 agencies. 

13 (3) PRIORITY.—In awarding a grant under this 

14 subsection, the Secretary shall give priority to a 

15 partnership or consortium that includes a high-need 

16 State agency or local health agency. 

17 (4) APPLICATION.— 

18 (A) IN GENERAL.—To be eligible to receive 

19 a grant under this section, an eligible entity 

20 shall submit an application to the Secretary at 

21 such time, in such manner, and containing such 

22 information as the Secretary may require. 

23 (B) CONTENTS.—An application submitted 

24 under subparagraph (A) shall include a descrip25 tion of— 


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1 (i) one or more target recruitment 

2 groups on which the applicant will focus its 

3 recruitment efforts under the grant; 

4 (ii) the characteristics of each such 

5 target group that— 

6 (I) demonstrate the knowledge 

7 and experience of the group’s mem8 bers; and 

9 (II) demonstrate that the mem10 bers are eligible to achieve the pur11 poses of this section; 

12 (iii) the manner in which the appli13 cant will use funds received under the 

14 grant to develop a cadre of mental health 

15 providers, or other programs to recruit and 

16 retain highly qualified midcareer profes17 sionals, recent college graduates, and re18 cent graduate school graduates, as highly 

19 qualified mental health providers, in high20 need military or veterans communities, or 

21 as part of entities providing care to mili22 tary or veterans in medical facilities; 

23 (iv) the manner in which the program 

24 carried out under the grant will comply 

25 with relevant State laws related to mental 


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1 health provider certification or licensing 

2 and facilitate the certification or licensing 

3 of such mental health providers; 

4 (v) the manner in which activities 

5 under the grant will increase the number 

6 of highly qualified mental health providers, 

7 in high-need Federal, State and local agen8 cies (in urban or rural areas), and in high9 need mental health professions, in the ju10 risdiction served by the applicant; and 

11 (vi) the manner in which the applicant 

12 will collaborate, as needed, with other in13 stitutions, agencies, or organizations to re14 cruit (particularly through activities that 

15 have proven effective in retaining highly 

16 qualified mental health providers), train, 

17 place, support, and provide mental health 

18 induction programs to eligible participants 

19 under this section, including providing evi20 dence of the commitment of the institu21 tions, agencies, or organizations to the ap22 plicant’s programs. 

23 (5) DURATION OF GRANT.—The Secretary may 

24 award grants under this subsection for periods of 5 

25 years. At the end of the 5-year period for such a 


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1 grant, the grant recipient may apply for an addi2 tional grant under this section. 

3 (6) EQUITABLE DISTRIBUTION.—To the extent 

4 practicable, the Secretary shall ensure an equitable 

5 geographic distribution of grants under this sub6 section among the regions of the United States. 

7 (7) USE OF FUNDS.— 

8 (A) IN GENERAL.—An entity shall use 

9 amounts received under a grant under this sub10 section to develop a cadre of mental health pro11 viders in order to establish, expand, or enhance 

12 mental health provider recruitment and reten13 tion programs for highly qualified mid-career 

14 professionals, and recent graduates of an insti15 tution of higher education, who are eligible par16 ticipants. 

17 (B) AUTHORIZED ACTIVITIES.—A program 

18 carried out under subparagraph (A) shall in19 clude 2 or more of the following activities: 

20 (i) To provide scholarships, stipends, 

21 bonuses, and other financial incentives, 

22 that are linked to participation in activities 

23 that have proven effective in retaining 

24 mental health providers in high-need areas 

25 operated by Federal, State and local health 


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1 agencies, to all eligible participants, in an 

2 amount that shall not be less than $5,000, 

3 nor more than $20,000, per participant. 

4 (ii) To carry out pre- and post-place5 ment induction or support activities that 

6 have proven effective in recruiting and re7 taining mental health providers, such as— 

8 (I) mentoring; 

9 (II) providing internships; 

10 (III) providing high-quality, 

11 preservice coursework; and 

12 (IV) providing high-quality, sus13 tained inservice professional develop14 ment. 

15 (iii) To make payments to pay the 

16 costs associated with accepting mental 

17 health providers under this section from 

18 among eligible participants or to provide fi19 nancial incentives to prospective mental 

20 health providers who are eligible partici21 pants. 

22 (iv) To collaborate with institutions of 

23 higher education in the development and 

24 implementation of programs to facilitate 

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1 ing credentialing and licensing) and mental 

2 health retention programs. 

3 (v) To carry out other programs, 

4 projects, and activities that are designed 

5 and have proven to be effective in recruit6 ing and retaining mental health providers, 

7 and that the Secretary determines to be 

8 appropriate. 

9 (vi) To develop long-term mental 

10 health provider recruitment and retention 

11 strategies, including developing— 

12 (I) a national, statewide or re13 gionwide clearinghouse for the recruit14 ment and placement of mental health 

15 providers; 

16 (II) reciprocity agreements be17 tween or among States for the certifi18 cation or licensing of mental health 

19 providers; or 

20 (III) other long-term teacher re21 cruitment and retention strategies. 

22 (C) EFFECTIVE PROGRAMS.—An entity 

23 shall use amounts received under a grant under 

24 this subsection only for programs that have 

25 proven to be effective in both recruiting and reVerDate Aug 31 2005 02:21 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3374.IS S3374

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1 taining mental health providers (as determined 

2 by the Secretary). 

3 (8) REQUIREMENTS.— 

4 (A) TARGETING.—An entity that receives a 

5 grant under this subsection shall ensure that 

6 participants in the program carried out under 

7 the grant who are recruited with funds made 

8 available under the grant are placed in high9 need areas operated by high-need Federal, 

10 State, and local health agencies. In placing such 

11 participants in mental health facilities, such en12 tity shall give priority to facilities that are lo13 cated in— 

14 (i) rural under served areas; or 

15 (ii) urban areas with high percentages 

16 of individuals who are members of the 

17 Armed Forces or veterans. 

18 (B) SUPPLEMENT, NOT SUPPLANT.— 

19 Amounts made available under this section shall 

20 be used to supplement, and not supplant, State 

21 and local public funds expended for mental 

22 health provider recruitment and retention pro23 grams. 

24 (C) PARTNERSHIPS AND CONSORTIA OF

25 LOCAL HEALTH AGENCIES.—In the case of a 


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1 partnership established by a Federal, State, or 

2 local health agency to carry out a program 

3 under this section, or a consortium of such 

4 agencies established to carry out such a pro5 gram, the Federal, State, or local health agency 

6 or consortium shall not be eligible to receive 

7 funds through a State program under this sec8 tion. 

9 (9) PERIOD OF SERVICE.—A participant in a 

10 program under this subsection who receives training 

11 through the program shall serve at a high-need med12 ical facility or an agency operated by a high-need 

13 Federal, State, or local health agency for a term of 

14 not less than 3 years. 

15 (10) REPAYMENT.—The Secretary shall estab16 lish such requirements as the Secretary determines 

17 to be appropriate to ensure that a participant in a 

18 program under this section who receives a stipend or 

19 other financial incentive as provided for in para20 graph (7)(B)(i), but who fails to complete their serv21 ice obligation under paragraph (9), repays all or a 

22 portion of such stipend or other incentive. 

23 (11) ADMINISTRATIVE FUNDS.—An entity that 

24 receives a grant under this subsection shall not use 

25 more than 5 percent of the funds made available 


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1 under the grant for the administration of a program 

2 under this subsection. 

3 (12) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated such sums as 

5 may be necessary in each fiscal year to carry out 

6 this subsection. 

7 (d) EVALUATION AND ACCOUNTABILITY FOR RE8 CRUITING AND RETAINING MENTAL HEALTH PRO9 VIDERS.— 

10 (1) EVALUATION.—An entity that receives a 

11 grant under this section shall— 

12 (A) within 30 days of the end of the 3rd 

13 year of the grant period, conduct an interim 

14 evaluation of the program funded under the 

15 grant; and 

16 (B) within 30 days of the end of the 5th 

17 year of the grant period, conduct a final evalua18 tion of the program funded under the grant. 

19 (2) CONTENTS.—In conducting an evaluation 

20 under paragraph (1), an entity shall describe the ex21 tent to which State and local agencies that received 

22 funds through the grant have met the goals relating 

23 to mental health provider recruitment and retention 

24 described in the application submitted by the entity 

25 under paragraph (4). 


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1 (3) REPORTS.—An entity that receives a grant 

2 under this Act shall prepare and submit to the Sec3 retary and the appropriate committees of Congress, 

4 an interim and final report that contains the results 

5 of the interim and final evaluations carried out 

6 under subparagraphs (A) and (B) of paragraph (1), 

7 respectively. 

8 (4) REVOCATION.—If the Secretary determines 

9 that the recipient of a grant under this section has 

10 not made substantial progress in meeting the goals 

11 and the objectives of the grant by the end of the 3rd 

12 year of the grant period, the Secretary shall— 

13 (A) revoke any payments made for the 4th 

14 year of the grant period; and 

15 (B) not make any payment for the 5th 

16 year of the grant period. 

Æ 


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