IIB 

115TH CONGRESS 

1ST SESSION H. R. 918 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2017 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 to Mental Healthcare Act’’. 

4 SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CER5 TAIN FORMER MEMBERS OF THE ARMED 

6 FORCES. 

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

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

9 the following new section: 

10 ‘‘§ 1720I. Expansion of mental health care for certain 

11 former members of the Armed Forces 

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

13 former members of the Armed Forces described in sub14 section (b)— 

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

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

17 under this chapter that the Secretary determines are 

18 required to treat the mental health care needs of the 

19 former member, including risk of suicide or harming 

20 others. 

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

22 DESCRIBED.—A former member of the Armed Forces de23 scribed in this subsection is an individual who meets the 

24 following criteria: 


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

2 Armed Forces, including the reserve components, 

3 who— 

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

5 air service, and was discharged or released 

6 therefrom under a condition that is not honor7 able except— 

8 ‘‘(i) dishonorable; or 

9 ‘‘(ii) bad conduct discharge; 

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

11 determination and such determination has not 

12 been made; and 

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

14 the health care system established by section 

15 1705 of this title by reason of such discharge 

16 or release not meeting the requirements of sec17 tion 101(2) of this title. 

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

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

20 theater of combat operations or an area at a 

21 time during which hostilities occurred in that 

22 area; 

23 ‘‘(B) participated in or experienced such 

24 combat operations or hostilities, including by 


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1 controlling an unmanned aerial vehicle from a 

2 location other than such theater or area; or 

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

4 of a sexual nature, battery of a sexual nature, 

5 or sexual harassment (as defined in section 

6 1720D(f) of this title). 

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

8 mental health care services to an individual under this sec9 tion, the Secretary may provide such mental health care 

10 services at a non-Department facility if— 

11 ‘‘(A) in the judgment of a mental health profes12 sional employed by the Department, the receipt of 

13 mental health care services by that individual in fa14 cilities of the Department would be clinically inadvis15 able; or 

16 ‘‘(B) facilities of the Department are not capa17 ble of furnishing such mental health care services to 

18 that individual economically because of geographical 

19 inaccessibility. 

20 ‘‘(2) The Secretary shall carry out paragraph (1) pur21 suant to section 1703 of this title or any other provision 

22 of law authorizing the Secretary to enter into contracts 

23 or agreements to furnish hospital care and medical serv24 ices to veterans at non-Department facilities. 


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1 ‘‘(d) SETTING AND REFERRALS.—In furnishing men2 tal health care services to an individual under this section, 

3 the Secretary shall— 

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

5 care services are furnished in a setting that is thera6 peutically appropriate, taking into account the cir7 cumstances that resulted in the need for such men8 tal health care services; and 

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

10 members who are not eligible for services under this 

11 chapter to obtain services from sources outside the 

12 Department. 

13 ‘‘(e) INFORMATION.—The Secretary shall provide in14 formation on the mental health care services available 

15 under this section. Efforts by the Secretary to provide 

16 such information— 

17 ‘‘(1) shall include availability of a toll-free tele18 phone number (commonly referred to as an 800 

19 number); 

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

21 mental health care services available under this sec22 tion— 

23 ‘‘(A) is revised and updated as appro24 priate; 


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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 

9 separated from active military, naval, or air service 

10 are provided appropriate information about pro11 grams, requirements, and procedures for applying 

12 for mental 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. 

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

17 report 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 re22 ceived 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 

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

3 Code, is amended by inserting after the item relating to 

4 section 1720H the following new item: 

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

Armed Forces.’’. 

5 SEC. 3. CHARACTER OF SERVICE DETERMINATIONS. 

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

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

8 the following new section: 

9 ‘‘§ 5303B. Character of service determinations 

10 ‘‘(a) DETERMINATION.—The Secretary shall estab11 lish a process by which an individual who served in the 

12 Armed Forces and was discharged or dismissed therefrom 

13 may seek a determination from the Secretary with respect 

14 to whether such discharge or release was under a condition 

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

16 the laws administered by the Secretary based upon the pe17 riod of service from which discharged or dismissed. 

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

19 determines under subsection (a) that an individual is 

20 barred to a benefit under the laws administered by the 

21 Secretary, the Secretary shall provide to such individual 

22 information regarding the ability of the individual to ad23 dress such condition, including pursuant to section 5303 

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


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

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 5303A the following new 

4 item: 

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

Passed the House of Representatives November 7, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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