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 Sec-
retary 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veteran Urgent Access 
to Mental Healthcare Act’’. 
SEC. 2. EXPANSION OF MENTAL HEALTH CARE FOR CER-
TAIN FORMER MEMBERS OF THE ARMED 
FORCES. 
(a) IN GENERAL.—Chapter 17 of title 38, United 
States Code, is amended by inserting after section 1720H 
the following new section: 
‘‘§ 1720I. Expansion of mental health care for certain 
former members of the Armed Forces 
‘‘(a) IN GENERAL.—The Secretary shall furnish to 
former members of the Armed Forces described in sub-
section (b)— 
‘‘(1) an initial mental health assessment; and 
‘‘(2) the mental health care services authorized 
under this chapter that the Secretary determines are 
required to treat the mental health care needs of the 
former member, including risk of suicide or harming 
others. 
‘‘(b) FORMER MEMBERS OF THE ARMED FORCES 
DESCRIBED.—A former member of the Armed Forces de-
scribed in this subsection is an individual who meets the 
following criteria: 
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‘‘(1) The individual is a former member of the 
Armed Forces, including the reserve components, 
who— 
‘‘(A) served in the active military, naval, or 
air service, and was discharged or released 
therefrom under a condition that is not honor-
able except— 
‘‘(i) dishonorable; or 
‘‘(ii) bad conduct discharge; 
‘‘(B) has applied for a character of service 
determination and such determination has not 
been made; and 
‘‘(C) is not otherwise eligible to enroll in 
the health care system established by section 
1705 of this title by reason of such discharge 
or release not meeting the requirements of sec-
tion 101(2) of this title. 
‘‘(2) While serving in the Armed Forces— 
‘‘(A) the former member was deployed in a 
theater of combat operations or an area at a 
time during which hostilities occurred in that 
area; 
‘‘(B) participated in or experienced such 
combat operations or hostilities, including by 
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controlling an unmanned aerial vehicle from a 
location other than such theater or area; or 
‘‘(C) was the victim of a physical assault 
of a sexual nature, battery of a sexual nature, 
or sexual harassment (as defined in section 
1720D(f) of this title). 
‘‘(c) NON-DEPARTMENT CARE.—(1) In furnishing 
mental health care services to an individual under this sec-
tion, the Secretary may provide such mental health care 
services at a non-Department facility if— 
‘‘(A) in the judgment of a mental health profes-
sional employed by the Department, the receipt of 
mental health care services by that individual in fa-
cilities of the Department would be clinically inadvis-
able; or 
‘‘(B) facilities of the Department are not capa-
ble of furnishing such mental health care services to 
that individual economically because of geographical 
inaccessibility. 
‘‘(2) The Secretary shall carry out paragraph (1) pur-
suant to section 1703 of this title or any other provision 
of law authorizing the Secretary to enter into contracts 
or agreements to furnish hospital care and medical serv-
ices to veterans at non-Department facilities. 
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‘‘(d) SETTING AND REFERRALS.—In furnishing men-
tal health care services to an individual under this section, 
the Secretary shall— 
‘‘(1) seek to ensure that such mental health 
care services are furnished in a setting that is thera-
peutically appropriate, taking into account the cir-
cumstances that resulted in the need for such men-
tal health care services; and 
‘‘(2) provide referral services to assist former 
members who are not eligible for services under this 
chapter to obtain services from sources outside the 
Department. 
‘‘(e) INFORMATION.—The Secretary shall provide in-
formation on the mental health care services available 
under this section. Efforts by the Secretary to provide 
such information— 
‘‘(1) shall include availability of a toll-free tele-
phone number (commonly referred to as an 800 
number); 
‘‘(2) shall ensure that information about the 
mental health care services available under this sec-
tion— 
‘‘(A) is revised and updated as appro-
priate; 
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‘‘(B) is made available and visibly posted 
at appropriate facilities of the Department; and 
‘‘(C) is made available to State veteran 
agencies and through appropriate public infor-
mation services; and 
‘‘(3) shall include coordination with the Sec-
retary of Defense seeking to ensure that members of 
the Armed Forces and individuals who are being 
separated from active military, naval, or air service 
are provided appropriate information about pro-
grams, requirements, and procedures for applying 
for mental health care services under this section. 
‘‘(f) ANNUAL REPORTS.—Each year, the Secretary 
shall submit to Congress an annual report on the mental 
health care services provided pursuant to this section. 
Each report shall include data for the year covered by the 
report with respect to each of the following: 
‘‘(1) The number of individuals who received 
mental health care services under subsection (a), 
disaggregated by the number of men who received 
such services and the number of women who re-
ceived such services. 
‘‘(2) Such other information as the Secretary 
considers appropriate.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 17 of title 38, United States 
Code, is amended by inserting after the item relating to 
section 1720H the following new item: 
‘‘1720I. Expansion of mental health care for certain former members of the 
Armed Forces.’’. 
SEC. 3. CHARACTER OF SERVICE DETERMINATIONS. 
(a) IN GENERAL.—Chapter 53 of title 38, United 
States Code, is amended by inserting after section 5303A 
the following new section: 
‘‘§ 5303B. Character of service determinations 
‘‘(a) DETERMINATION.—The Secretary shall estab-
lish a process by which an individual who served in the 
Armed Forces and was discharged or dismissed therefrom 
may seek a determination from the Secretary with respect 
to whether such discharge or release was under a condition 
that bars the right of such individual to a benefit under 
the laws administered by the Secretary based upon the pe-
riod of service from which discharged or dismissed. 
‘‘(b) PROVISION OF INFORMATION.—If the Secretary 
determines under subsection (a) that an individual is 
barred to a benefit under the laws administered by the 
Secretary, the Secretary shall provide to such individual 
information regarding the ability of the individual to ad-
dress such condition, including pursuant to section 5303 
of this title and chapter 79 of title 10.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 5303A the following new 
item: 
‘‘5303B. Character of service determinations.’’. 
Passed the House of Representatives November 7, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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