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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 262 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 262

To improve and enhance the operations of the reserve components of the 
Armed Forces, to improve mobilization and demobilization processes for 
 members of the reserve components of the Armed Forces, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

   Mr. Casey introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To improve and enhance the operations of the reserve components of the 
Armed Forces, to improve mobilization and demobilization processes for 
 members of the reserve components of the Armed Forces, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fortifying Operational Reserve 
Component Efforts Act of 2009'' or ``FORCE Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The number of troops deployed to Iraq and Afghanistan 
        from at least 35 States exceeds the number of troops deployed 
        from such States to any war since World War II.
            (2) As of March 31, 2008, more than 267,399 members of the 
        National Guard have been deployed abroad since September 11, 
        2001.
            (3) 41 percent of the members of the National Guard and 
        Reserves who have been deployed overseas report mental health 
        symptoms within three to six months of returning home from 
        deployment, compared with 32 percent of the members of the 
        regular components of the Armed Forces who have been so 
        deployed.
            (4) In June 2007, the Department of Defense reported that 
        almost half of the members of the National Guard and Reserves 
        who had served in Iraq or Afghanistan suffer considerable post-
        combat psychological problems.
            (5) In 2007, the Department of Defense found that members 
        of the National Guard who had been deployed to Iraq and 
        Afghanistan were 25 percent more likely to have suffered a 
        combat related psychological wound than regular members of the 
        Army who had been so deployed.
            (6) In the December 2006 Status of Forces Survey of Reserve 
        Component Members conducted by the Defense Manpower Data 
        Center, 13 percent of respondents indicated a preferable 
        availability of health care providers through the TRICARE 
        program while 47 percent of respondents indicated a preferable 
        availability of health care providers through civilian health 
        care plans.
            (7) In June 2007, the Task Force on Mental Health of the 
        Department of Defense reported that at many locations members 
        of the Armed Forces and their families who rely on the TRICARE 
        program for health care have less access to care than health 
        care provider lists under the TRICARE program would otherwise 
        suggest because the mental health care providers on such lists 
        routinely included providers who do not accept patients under 
        the TRICARE program.
            (8) The Commission on the National Guard and Reserve found 
        that families of members of the reserve components of the Armed 
        Forces who live considerable distances from military treatment 
        facilities, and thus tend to rely on the TRICARE Standard 
        program for health care benefits, often have an especially 
        difficult time finding civilian health care providers under 
        that program.
            (9) In April 2008, the Government Accountability Office 
        reported that coordination between Federal officials and the 
        Adjutants General of the States in the development of homeland 
        defense, homeland security, and civil response plans remained 
        inadequate.
            (10) It is in the national interest to have a large cadre 
        of volunteers to assist family support programs for families of 
        members of the reserve components of the Armed Forces. However, 
        without an adequate number of paid professional staff positions 
        within such programs, such programs may suffer.

SEC. 3. ENHANCEMENT OF DEPARTMENT OF DEFENSE COMMUNICATIONS TO MEMBERS 
              OF THE RESERVE COMPONENTS OF THE ARMED FORCES AND THEIR 
              FAMILIES ON HEALTH BENEFITS AND FAMILY SUPPORT PROGRAMS.

    (a) Review of Communications for Purposes of Improvement.--The 
Secretary of Defense shall conduct a comprehensive review of the 
programs and activities of the Department of Defense regarding 
communications to members of the reserve components of the Armed Forces 
and their families on health benefits, family support, and other 
resources available to such members and families through the Department 
of Defense. The review shall serve as a basis for the Secretary to 
identify means by which such programs and activities may be improved to 
enhance the availability of information to such members and families on 
such benefits, support, and resources and the communication of such 
information to such members and families.
    (b) Survey on Family Participation in Mobilization and 
Demobilization Programs and Activities.--
            (1) In general.--In conducting the review required by 
        subsection (a), the Secretary shall conduct a survey of members 
        of the reserve components of the Armed Forces and their 
        families regarding means of enhancing the participation of 
        families of such members in programs and activities associated 
        with the mobilization and demobilization of such members.
            (2) Elements.--The survey required by this subsection shall 
        obtain information on the following:
                    (A) The level and extent of understanding by family 
                members of members of the reserve components of the 
                benefits, assistance, and other resources available to 
                such family members through the Department of Defense 
                during the mobilization and demobilization of members 
                of the reserve components.
                    (B) The level of utilization by family members of 
                members of the reserve components of the benefits, 
                assistance, and resources available to such family 
                members as described in subparagraph (A).
                    (C) Particular concerns of family members of 
                members of the reserve components undergoing 
                demobilization during the demobilization process, 
                including the adequacy of the benefits, assistance, and 
                other resources available to such family members as 
                described in subparagraph (A) to address such concerns.
                    (D) Any other matters that the Secretary considers 
                appropriate.
            (3) Deadline for completion.--The survey required by this 
        subsection shall be completed not later than 180 days after the 
        date of the enactment of this Act.
    (c) Enhancement of Communications Materials.--Utilizing the results 
of the review required by subsection (a), the Secretary shall undertake 
such improvements of the educational materials provided by the 
Department of Defense to members of the reserve components of the Armed 
Forces and their families on health benefits, family support programs, 
and other resources available to such members and families through the 
Department of Defense in order to enhance their utility and ease of 
use.
    (d) Database on Health Care Providers Under TRICARE.--
            (1) Database required.--The Secretary shall maintain and 
        make available to beneficiaries of the TRICARE program a 
        current, comprehensive electronic database on the health care 
        providers participating in the TRICARE program and on the 
        health care services available through such providers under 
        that program.
            (2) Update.--The Secretary shall update the electronic 
        database required by this subsection at least once each year 
        and at such other times as the Secretary considers appropriate.
            (3) TRICARE program defined.--In this subsection, the term 
        ``TRICARE program'' has the meaning given that term in section 
        1072(7) of title 10, United States Code.

SEC. 4. ENHANCEMENT OF STAFFING OF RESERVE COMPONENTS OF THE ARMED 
              FORCES REGARDING DEPLOYMENT AND OTHER TRANSITION MATTERS.

    (a) Staff for Family Assistance.--
            (1) In general.--The Secretary of the military department 
        concerned shall assign to each unit (as determined by the 
        Secretary for purposes of this subsection) of the reserve 
        components of the Armed Forces under the jurisdiction of the 
        Secretary full-time non-dual status personnel of the military 
        department who shall provide assistance to the family members 
        of the members of the reserve components in such unit during 
        and in connection with the mobilization and deployment of such 
        unit.
            (2) Duties.--In providing assistance to the family members 
        of members of the reserve components under this subsection, the 
        personnel assigned under paragraph (1) shall provide 
        information, assistance, and support to such family members on 
        the following:
                    (A) Deployment readiness.
                    (B) Education benefits available to such family 
                members.
                    (C) Benefits available to such family members as 
                family members of members of the reserve components.
                    (D) Healthcare benefits available to such family 
                members, including benefits under the TRICARE program, 
                mental health services, and dental services.
                    (E) Financial matters.
                    (F) Reintegration matters.
                    (G) Career and employment matters.
    (b) Transition Assistance Advisors.--
            (1) Minimum number of advisors.--The Secretary of Defense 
        shall take appropriate actions to ensure that the number of 
        Transition Assistance Advisors (TAAs) in each State is not less 
        than the number equal to one Transition Assistance Advisor for 
        each 10,000 members of the reserve components of the Armed 
        Forces who reside in such State.
            (2) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report setting forth a description of the efforts of the 
        Secretary to implement the requirements of this subsection.
            (3) State defined.--In this subsection, the term ``State'' 
        means the several States, the Commonwealth of Puerto Rico, the 
        District of Columbia, and the Virgin Islands.

SEC. 5. POST-DEPLOYMENT HEALTH REASSESSMENTS FOR MEMBERS OF THE RESERVE 
              COMPONENTS OF THE ARMED FORCES.

    (a) Schedule for Post-Deployment Health Reassessments.--
            (1) In general.--The Secretary of Defense shall provide a 
        Post-Deployment Health Reassessment (PDHRA) to each member of a 
        reserve component of the Armed Forces returning from deployment 
        in Operation Iraqi Freedom or Operation Enduring Freedom as 
        follows:
                    (A) Not later than six months after the initial 
                health assessment of such member conducted upon the 
                member's return from such deployment, and at least once 
                every six months thereafter for the next 18 months.
                    (B) After the completion of the reassessments 
                required by subparagraph (A), at the same time as each 
                Periodic Health Assessment (PHA) of such member 
                conducted thereafter while such member remains a member 
                of a reserve component of the Armed Forces.
            (2) Individuals discharged upon return from deployment.--In 
        the case of an individual who is discharged or released from 
        the Armed Forces upon the individual's return from deployment, 
        the individual shall be provided each of the Post-Deployment 
        Health Reassessments required under paragraph (1)(A) together 
        with the unit with which the individual was previously 
        deployed, without regard to the individual's discharge or 
        release from the Armed Forces upon return.
    (b) Requirements for Certain Reassessments.--The Secretary shall 
ensure that not less than two of the Post-Deployment Health 
Reassessments provided for a member of the reserve components under 
subsection (a)(1)(A)--
            (1) are performed in person; and
            (2) include the participation of a practitioner trained and 
        certified as qualified to participate in the performance of 
        Post-Deployment Health Reassessments.
    (c) Performance of Reassessments for Members Redeployed From OIF/
OEF.--The Secretary shall take appropriate actions to provide a Post-
Deployment Health Reassessment to each member of a reserve component of 
the Armed Forces who has returned from deployment in Operation Iraqi 
Freedom or Operation Enduring Freedom before the date of the enactment 
of this Act and who has not been provided a Post-Deployment Health 
Reassessment as soon as practicable after the date of the enactment of 
this Act.
    (d) General Requirements Regarding Post-Deployment Health 
Reassessments.--
            (1) In general.--Section 1074a of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the following 
                new subsection (h):
    ``(h) The Secretary concerned shall administer a Post-Deployment 
Health Reassessment (PDHRA) to each member of a reserve component of 
the Armed Forces returning from deployment to the member's home station 
or county of residence, in the case of a member of the Individual Ready 
Reserve, not later than 10 days after the member's return to such 
station or county, as the case may be, but in no event later than the 
member's release from active duty following such deployment.''.
            (2) Funding.--Subsection (i) of such section, as 
        redesignated by paragraph (1)(A), is amended--
                    (A) by inserting ``(1)'' after ``(i)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Amounts described in paragraph (1) shall also be available 
for the provision of Post-Deployment Health Reassessments under 
subsection (h).''.

SEC. 6. ANNUAL BRIEFINGS FOR MEMBERS OF THE RESERVE COMPONENTS OF THE 
              ARMED FORCES ON BENEFITS UNDER THE TRICARE PROGRAM.

    (a) Briefings Required.--The Secretary of the military department 
concerned shall provide to each member of the reserve components of the 
Armed Forces under the jurisdiction of the Secretary an annual briefing 
on the benefits available to members and dependents under the TRICARE 
program. The briefing shall be provided individually to such member as 
part of an annual review of military records and benefits during an 
Individual Duty Training period or during annual training.
    (b) TRICARE Program Defined.--In this section, the term ``TRICARE 
program'' has the meaning given that term in section 1072(7) of title 
10, United States Code.

SEC. 7. STIPEND FOR PRIVATE HEALTH INSURANCE FOR CERTAIN DEPENDENTS OF 
              MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES 
              CALLED TO ACTIVE DUTY.

    (a) Monthly Stipend Authorized.--Chapter 17 of title 37, United 
States Code, is amended by adding at the end the following new section:
``Sec. 911. Healthcare for dependents: stipend for continuation of 
              private health insurance for certain dependents of 
              mobilized reserve component members
    ``(a) Stipend Authorized.--(1) The Secretary concerned may pay to 
an eligible member of a reserve component of the Armed Forces an amount 
equal to the monthly cost to the United States of the provision of 
health care services to the eligible spouse and covered dependents of 
the member under TRICARE Standard, TRICARE Prime, TRICARE Prime Remote, 
or TRICARE Extra, as applicable, during the period of the member's 
active duty as described in subsection (b)(1)(A).
    ``(2) The purpose of any payment under this section shall be to 
facilitate the continuation by an eligible member's spouse and covered 
dependents of private insurance for health care services that covers 
the member, spouse, and such dependents as of the time of the member's 
call or order to active duty as described in subsection (b)(1)(A).
    ``(3) Any payments under this section shall be made on a monthly 
basis.
    ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a 
member of a reserve component of the Armed Forces is an eligible member 
of a reserve component of the Armed Forces for purposes of subsection 
(a) if--
            ``(A) the member is on active duty for a period of more 
        than 30 days;
            ``(B) at the time of the member's call or order to active 
        duty as described in subparagraph (A), the member is covered by 
        private insurance for health care services on a self and 
        dependents basis; and
            ``(C) during the period of the member's active duty as 
        described in subparagraph (A), the member's spouse and any 
        covered dependents would otherwise be eligible for health care 
        services under TRICARE Prime, TRICARE Prime Remote, TRICARE 
        Standard, or TRICARE Extra.
    ``(2) A member who is an employee of the Federal Government is not 
an eligible member of a reserve component of the Armed Forces for 
purposes of subsection (a).
    ``(c) Limitation on Eligibility of Spouse and Dependents.--Payment 
under subsection (a) may be made with respect to the spouse and any 
covered dependent of an eligible member of a reserve component of the 
Armed Forces during the period of the member's active duty as described 
in subsection (b)(1)(A) only if the permanent residence of the spouse 
or such covered dependent, as the case may be, during such period is 
more than 50 miles from each of--
            ``(1) the nearest military medical treatment facility;
            ``(2) any provider of health care services under the 
        TRICARE program; or
            ``(3) any provider of health care services under the 
        TRICARE US Family Health Plan.
    ``(d) Amount of Stipend.--(1) Except as provided in paragraph (2), 
the amount payable to an eligible member under subsection (a) for a 
month shall be the amount as follows:
            ``(A) In the case of a member whose eligible spouse and 
        covered dependents would otherwise be eligible for health care 
        services under TRICARE Standard during the member's active duty 
        as described in subsection (b)(1)(A), the amount that would 
        otherwise be incurred by the United States for the provision of 
        health care services to such spouse and covered dependents 
        under TRICARE Standard during such month.
            ``(B) In the case of a member whose eligible spouse and 
        covered dependents would otherwise be eligible for health care 
        services under TRICARE Prime during the member's active duty as 
        described in subsection (b)(1)(A), the amount that would 
        otherwise be incurred by the United States for the provision of 
        health care services to such spouse and covered dependents 
        under TRICARE Prime during such month.
            ``(C) In the case of a member whose eligible spouse and 
        covered dependents would otherwise be eligible for health care 
        services under TRICARE Prime Remote during the member's active 
        duty as described in subsection (b)(1)(A), the amount that 
        would otherwise be incurred by the United States for the 
        provision of health care services to such spouse and covered 
        dependents under TRICARE Prime Remote during such month.
            ``(D) In the case of a member whose eligible spouse and 
        covered dependents would otherwise be eligible for health care 
        services under TRICARE Extra during the member's active duty as 
        described in subsection (b)(1)(A), the amount that would 
        otherwise be incurred by the United States for the provision of 
        health care services to such spouse and covered dependents 
        under TRICARE Extra during such month.
    ``(2) The amount payable to an eligible member under subsection (a) 
for a month may not exceed the cost of continuing private insurance for 
health care services for the member's spouse and covered dependents as 
described in subsection (a)(2) for that month.
    ``(e) Utilization of Stipend.--(1) Any amount paid an eligible 
member under subsection (a) shall be utilized by the member solely to 
pay the costs of private insurance for health care services for the 
member's eligible spouse and covered dependents.
    ``(2) Each Secretary concerned shall establish appropriate 
mechanisms to ensure the proper utilization by members under this 
section of amounts paid under subsection (a).
    ``(f) Ineligibility of Spouse and Dependents for Health Care Under 
TRICARE.--The spouse and covered dependents of a member to whom a 
payment is made under subsection (a) for a month shall not be eligible 
for health care services under the TRICARE program during such month.
    ``(g) Definitions.--In this section:
            ``(1) The term `covered dependents', in the case of a 
        member of a reserve component of the Armed Forces, means any 
        dependent of the member described by subparagraph (D) or (I) of 
        section 1072(2) of title 10.
            ``(2) The term `TRICARE program' has the meaning given that 
        term in section 1072(7) of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by adding at the end the following 
new item:

``911. Healthcare for dependents: stipend for continuation of private 
                            health insurance for certain dependents of 
                            mobilized reserve component members.''.

SEC. 8. TRAINING ON MATTERS RELATING TO MENTAL HEALTH.

    (a) Training for Reserve Component Units.--
            (1) Unit-level training required.--The Secretary of Defense 
        shall carry out a program to provide comprehensive training on 
        mental health matters to units of the reserve components of the 
        Armed Forces. The training shall be designed to provide 
        information to unit commanders and personnel on a unit-wide 
        basis.
            (2) Combat-related stress.--The training required by this 
        subsection shall include training on the identification and 
        treatment of Post-Traumatic Stress Disorder (PTSD), Traumatic 
        Brain Injury (TBI), and other combat-related stresses.
            (3) Schedule for provision of training.--The training 
        provided under this subsection shall be a required element 
        under the Training Management System for the units of the 
        reserve components, and shall be provided in the course of the 
        Annual Training Calendar for such units.
    (b) Outreach and Training for Mental Health Care Providers.--The 
Secretary of Defense and the Secretary of Veterans Affairs shall 
jointly take appropriate actions to provide outreach and training to 
State and local mental health care providers on the diagnosis and 
treatment of Post-Traumatic Stress Disorder (PTSD), Traumatic Brain 
Injury (TBI), and other mental health disorders and conditions 
associated with service in the Armed Forces in areas of combat 
operations and other areas which such disorders and conditions may 
arise.

SEC. 9. FUNDING FOR MENTAL HEALTH CARE FOR MEMBERS OF THE NATIONAL 
              GUARD.

    (a) Availability of Defense Health Program Funds.--Subject to the 
provisions of appropriations Acts, amounts available for Defense Health 
Program shall be available for programs described in subsection (b) for 
members of the National Guard not on active duty in the Armed Forces 
who incurred a psychological or mental illness or injury on active duty 
in the Armed Forces as demonstrated by existing medical records or, in 
the absence of such records, by the opinion of a licensed medical 
provider in the State where the member resides.
    (b) Covered Programs.--The programs described in this subsection 
are programs as follows:
            (1) Programs to assist members of the National Guard 
        described in subsection (a) in case management in the receipt 
        of non-clinical care for an illness or injury described in that 
        subsection.
            (2) Programs to advise members of the National Guard 
        described in subsection (a) on the receipt of care and 
        treatment for an illness or injury described in that subsection 
        under the TRICARE program.
            (3) Programs of psychological health treatment for members 
        of the National Guard described in subsection (a) for an 
        illness or injury described in that subsection.
            (4) Programs supporting the efforts of the military 
        departments to update and maintain military health electronic 
        records systems.
            (5) Such other treatment programs as may assist a member of 
        the National Guard described in subsection (a) for an illness 
        or injury described in that subsection, as determined by the 
        State Surgeon General of the National Guard of the State in 
        which the member reside, the Director of Psychological Health 
        of the State in which the member resides, the mental health or 
        equivalent agency of the State in which the member resides, or 
        the Director of the Psychological Health Program of the 
        National Guard Bureau.
    (c) Budgeting.--The Assistant Secretary of Defense for Health 
Affairs shall coordinate with the National Guard Bureau and other 
personnel and logistical elements of the National Guard in determining 
the budget requirements of the National Guard for the programs 
described in subsection (b).

SEC. 10. MEASUREMENT OF ACHIEVEMENT OF DEPARTMENT OF DEFENSE OBJECTIVES 
              FOR PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS IN 
              THE ARMED FORCES THE TRANSITION ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Defense shall carry out 
appropriate actions to develop the following:
            (1) Specific mechanisms for the reliable measurement of the 
        participation of members of the reserve components of the Armed 
        Forces in the Transition Assistance Program.
            (2) Plans to ensure that the participation of members of 
        the reserve components of the Armed Forces in the Transition 
        Assistance Program meet annual Department of Defense goals for 
        the participation of such members in that program.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
setting forth the actions the Secretary proposed to meet the 
requirements of subsection (a).

SEC. 11. PRE-DEPLOYMENT AND POST-DEPLOYMENT BRIEFINGS OR MEMBERS OF THE 
              INDIVIDUAL READY RESERVE WHO DEPLOY AS INDIVIDUALS.

    (a) In General.--The Secretary of Defense shall take appropriate 
actions to ensure that each member of the Individual Ready Reserve who 
deploys as an individual is, to the extent practicable and appropriate, 
provided in pre-deployment briefings and post-deployment briefings the 
same information as members of the Ready Reserve who deploy as members 
of a unit.
    (b) Report on Soldier Readiness Activities.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall submit to 
        Congress on soldier readiness activities for members of the 
        Individual Ready Reserve who deploy as individuals.
            (2) Elements.--The report required by this subsection shall 
        include the following:
                    (A) A list of each pre-deployment briefing and each 
                post-deployment briefing provided to members of the 
                Individual Ready Reserve who deploy as individuals.
                    (B) A comparative analysis of the pre-deployment 
                briefings and post-deployment briefings provided 
                members of the Individual Ready Reserve who deploy as 
                individuals with the pre-deployment briefings and post-
                deployment briefings provided members of the Ready 
                Reserve who deploy as members of a unit.

SEC. 12. SENSE OF CONGRESS ON THE ASSIGNMENT OF MEMBERS OF THE NATIONAL 
              GUARD TO FULL-TIME NATIONAL GUARD DUTY IMMEDIATELY UPON 
              RETURN FROM DEPLOYMENT.

    It is the sense of Congress that a member of the National Guard who 
is returning from deployment in a contingency operation or homeland 
defense mission for a period of one year or longer--
            (1) should not be required to commence full-time National 
        Guard duty immediately upon return from such deployment; but
            (2) should be permitted to elect to postpone commencement 
        of deactivation from active duty status until at least 90 days 
        after return from such deployment.
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