IB 

Union Calendar No. 287 

115TH CONGRESS 

1ST SESSION H. R. 918 

[Report No. 115–390] 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. COFFMAN (for himself, Mr. KILMER, Miss RICE of New York, Mr. MEEHAN, Mr. JONES, Mr. BISHOP of Georgia, Mr. COSTELLO of Pennsylvania, Ms. JENKINS of Kansas, Mr. KING of New York, Mr. SWALWELL

of California, Mr. HIMES, Mr. BERGMAN, Ms. KUSTER of New Hampshire, and Mrs. RADEWAGEN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

NOVEMBER 6, 2017 

Additional sponsors: Ms. SHEA-PORTER, Mr. ROYCE of California, Ms. 

GABBARD, Mr. COURTNEY, Mr. KENNEDY, Mr. BUCHANAN, Mr. RUTHERFORD, Mr. LOEBSACK, Mr. HIGGINS of Louisiana, Mr. RUSH, Ms. 

MOORE, Mr. BLUMENAUER, Ms. ROSEN, Mr. KIHUEN, Ms. TSONGAS, Mr. 

SOTO, Mr. CURBELO of Florida, Mr. O’ROURKE, Mr. MESSER, Ms. ESTY

of Connecticut, Mr. TIPTON, Mr. MOULTON, Mr. DEFAZIO, Mr. COHEN, 

Mr. LAWSON of Florida, Mr. YOUNG of Iowa, and Ms. SINEMA

NOVEMBER 6, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 7, 2017] 


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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. 


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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’’. 

6 SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CER7 TAIN FORMER MEMBERS OF THE ARMED 

8 FORCES. 

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

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

11 the following new section: 

12 ‘‘§ 1720I. Expansion of mental health care for certain 

13 former members of the Armed Forces 

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

15 former members of the Armed Forces described in subsection 

16 (b)— 

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

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

19 under this chapter that the Secretary determines are 

20 required to treat the mental health care needs of the 

21 former member, including risk of suicide or harming 

22 others. 

23 ‘‘(b) FORMER MEMBERS OF THE ARMED FORCES DE24 SCRIBED.—A former member of the Armed Forces described 


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1 in this subsection is an individual who meets the following 

2 criteria: 

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

4 Armed Forces, including the reserve components, 

5 who— 

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

7 air service, and was discharged or released there8 from under a condition that is not honorable ex9 cept— 

10 ‘‘(i) dishonorable; or 

11 ‘‘(ii) bad conduct discharge; 

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

13 determination and such determination has not 

14 been made; and 

15 ‘‘(C) is not otherwise eligible to enroll in the 

16 health care system established by section 1705 of 

17 this title by reason of such discharge or release 

18 not meeting the requirements of section 101(2) of 

19 this title. 

20 ‘‘(2) While serving in the Armed Forces— 

21 ‘‘(A) the former member was deployed in a 

22 theater of combat operations or an area at a 

23 time during which hostilities occurred in that 

24 area; 


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1 ‘‘(B) participated in or experienced such 

2 combat operations or hostilities, including by 

3 controlling an unmanned aerial vehicle from a 

4 location other than such theater or area; or 

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

6 a sexual nature, battery of a sexual nature, or 

7 sexual harassment (as defined in section 

8 1720D(f) of this title). 

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

10 mental health care services to an individual under this sec11 tion, the Secretary may provide such mental health care 

12 services at a non-Department facility if— 

13 ‘‘(A) in the judgment of a mental health profes14 sional employed by the Department, the receipt of 

15 mental health care services by that individual in fa16 cilities of the Department would be clinically inadvis17 able; or 

18 ‘‘(B) facilities of the Department are not capable 

19 of furnishing such mental health care services to that 

20 individual economically because of geographical inac21 cessibility. 

22 ‘‘(2) The Secretary shall carry out paragraph (1) pur23 suant to section 1703 of this title or any other provision 

24 of law authorizing the Secretary to enter into contracts or 


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1 agreements to furnish hospital care and medical services to 

2 veterans at non-Department facilities. 

3 ‘‘(d) SETTING AND REFERRALS.—In furnishing men4 tal health care services to an individual under this section, 

5 the Secretary shall— 

6 ‘‘(1) seek to ensure that such mental health care 

7 services are furnished in a setting that is therapeuti8 cally appropriate, taking into account the cir9 cumstances that resulted in the need for such mental 

10 health care services; and 

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

12 members who are not eligible for services under this 

13 chapter to obtain services from sources outside the De14 partment. 

15 ‘‘(e) INFORMATION.—The Secretary shall provide in16 formation on the mental health care services available 

17 under this section. Efforts by the Secretary to provide such 

18 information— 

19 ‘‘(1) shall include availability of a toll-free tele20 phone number (commonly referred to as an 800 num21 ber); 

22 ‘‘(2) shall ensure that information about the 

23 mental health care services available under this sec24 tion— 

25 ‘‘(A) is revised and updated as appropriate; 


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1 ‘‘(B) is made available and visibly posted 

2 at appropriate facilities of the Department; and 

3 ‘‘(C) is made available to State veteran 

4 agencies and through appropriate public infor5 mation services; and 

6 ‘‘(3) shall include coordination with the Sec7 retary of Defense seeking to ensure that members of 

8 the Armed Forces and individuals who are being sep9 arated from active military, naval, or air service are 

10 provided appropriate information about programs, 

11 requirements, and procedures for applying for mental 

12 health care services under this section. 

13 ‘‘(f) ANNUAL REPORTS.—Each year, the Secretary 

14 shall submit to Congress an annual report on the mental 

15 health care services provided pursuant to this section. Each 

16 report shall include data for the year covered by the report 

17 with respect to each of the following: 

18 ‘‘(1) The number of individuals who received 

19 mental health care services under subsection (a), 

20 disaggregated by the number of men who received 

21 such services and the number of women who received 

22 such services. 

23 ‘‘(2) Such other information as the Secretary 

24 considers appropriate.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 17 of title 38, United States Code, 

3 is amended by inserting after the item relating to section 

4 1720H the following new item: 

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

Forces.’’. 

5 SEC. 3. EXTENSION OF REQUIREMENT FOR COLLECTION OF 

6 FEES FOR HOUSING LOANS GUARANTEED BY 

7 SECRETARY OFVETERANS AFFAIRS. 

8 Section 3729(b)(2) of title 38, United States Code, is 

9 amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (iii), by striking ‘‘September 

12 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

13 and 

14 (B) in clause (iv), by striking ‘‘September 

15 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

16 (2) in subparagraph (B)— 

17 (A) in clause (i), by striking ‘‘September 

18 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

19 and 

20 (B) in clause (ii), by striking ‘‘September 

21 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

22 (3) in subparagraph (C)— 


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1 (A) in clause (i), by striking ‘‘September 

2 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

3 and 

4 (B) in clause (ii), by striking ‘‘September 

5 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

6 and 

7 (4) in subparagraph (D)— 

8 (A) in clause (i), by striking ‘‘September 

9 30, 2024’’ and inserting ‘‘September 30, 2025’’; 

10 and 

11 (B) in clause (ii), by striking ‘‘September 

12 30, 2024’’ and inserting ‘‘September 30, 2025’’. 

13 SEC. 4. CHARACTER OF SERVICE DETERMINATIONS. 

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

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

16 the following new section: 

17 ‘‘§ 5303B. Character of service determinations 

18 ‘‘(a) DETERMINATION.—The Secretary shall establish 

19 a process by which an individual who served in the Armed 

20 Forces and was discharged or dismissed therefrom may seek 

21 a determination from the Secretary with respect to whether 

22 such discharge or release was under a condition that bars 

23 the right of such individual to a benefit under the laws ad24 ministered by the Secretary based upon the period of service 

25 from which discharged or dismissed. 


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

2 determines under subsection (a) that an individual is 

3 barred to a benefit under the laws administered by the Sec4 retary, the Secretary shall provide to such individual infor5 mation regarding the ability of the individual to address 

6 such condition, including pursuant to section 5303 of this 

7 title and chapter 79 of title 10.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended by inserting after 

10 the item relating to section 5303A the following new item: 

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


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Union Calendar No. 287 

115TH CONGRESS 

1ST SESSION H. R. 918 

[Report No. 115–390] 

A BILL 

To amend title 38, United States Code, to direct 

receive such care, and for other purposes. Armed Forces who are not otherwise eligible to tal health care to certain former members of the the Secretary of Veterans Affairs to furnish menNOVEMBER 6, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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