I 
115TH CONGRESS 
1ST SESSION H. R. 1685 
To amend title 38, United States Code, to direct the Secretary of Veterans 
Affairs to furnish mental and behavioral health care to certain individuals 
discharged or released from the active military, naval, or air service 
under conditions other than honorable, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2017 
Mr. O’ROURKE (for himself and Mr. BOST) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to direct the Sec-
retary of Veterans Affairs to furnish mental and behav-
ioral health care to certain individuals discharged or 
released from the active military, naval, or air service 
under conditions other than honorable, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Honor Our Commit-
ment Act of 2017’’. 
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SEC. 2. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS 
MENTAL AND BEHAVIORAL HEALTH CARE 
FOR CERTAIN INDIVIDUALS DISCHARGED OR 
RELEASED FROM THE ACTIVE MILITARY, 
NAVAL, OR AIR SERVICE UNDER CONDITIONS 
OTHER THAN HONORABLE. 
(a) IN GENERAL.—Subchapter II of chapter 17 of 
title 38, United States Code, is amended by inserting after 
section 1712C the following new section: 
‘‘§ 1712D. Mental and behavioral health care for cer-
tain individuals discharged or released 
from the active military, naval, or air 
service under conditions other than hon-
orable 
‘‘(a) IN GENERAL.—Notwithstanding section 5303(a) 
of this title and subject to subsection (c), the Secretary 
shall furnish to an eligible individual covered mental and 
behavioral health care. 
‘‘(b) ELIGIBLE INDIVIDUALS.—For purposes of this 
section, an eligible individual is any of the following: 
‘‘(1) An individual who— 
‘‘(A) served in the active military, naval, or 
air service for a period of more than 180 days 
and was deployed in a theater of combat oper-
ations or an area at a time during which hos-
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tilities are occurring in that area for a period 
of more than 30 days during such service; 
‘‘(B) was discharged or released from such 
service by reason of committing a covered of-
fense; and 
‘‘(C) was diagnosed by a qualified mental 
health care provider with a mental or behavioral 
health condition before committing the covered 
offense. 
‘‘(2) An individual who— 
‘‘(A) served in the active military, naval, or 
air service for a period of more than 180 days 
and was deployed in a theater of combat oper-
ations or an area at a time during which hos-
tilities are occurring in that area for a period 
of more than 30 days during such service; 
‘‘(B) was discharged or released from such 
service by reason of committing a covered of-
fense; 
‘‘(C) is diagnosed with a mental or behav-
ioral health condition after committing such 
covered offense but before the expiration of the 
five-year period beginning on the later of— 
‘‘(i) the date of the enactment of the 
Honor Our Commitment Act of 2017; or 
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‘‘(ii) the date on which the individual 
is discharged or released from such service; 
‘‘(D) submits to the Secretary— 
‘‘(i) a certification from a qualified 
mental health care provider that the pro-
vider believes such condition may have led 
the individual to commit such offense; and 
‘‘(ii) the Certificate of Release or Dis-
charge from Active Duty (DD Form 214) 
of the individual; and 
‘‘(E) is determined by the Secretary pursu-
ant to subsection (c) to have had a mental or 
behavioral health condition at the time the indi-
vidual committed the covered offense that con-
tributed to the commission of the offense. 
‘‘(c) DETERMINATION BY SECRETARY.—(1) Not later 
than 90 days after receiving the information submitted 
under subsection (b)(2)(D) with respect to an individual, 
the Secretary shall determine whether, at the time of com-
mitting the covered offense, the individual had a mental 
or behavioral health condition that contributed to the com-
mission of the offense. 
‘‘(2) If the Secretary does not make a determination 
under paragraph (1) with respect to a mental or behav-
ioral health condition of an individual before the end of 
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the 90-day period beginning on the date of the submittal 
of the information described in subsection (b)(2)(D), the 
condition is deemed to be a mental or behavioral health 
condition that contributed to the commission of the of-
fense until such time as the Secretary makes the deter-
mination. 
‘‘(d) INITIAL MENTAL HEALTH SCREENING.—(1) 
The Secretary may furnish to each individual described 
in paragraph (2) an initial mental health screening not 
later than the later of— 
‘‘(A) five years after the date of the enactment 
of the Honor Our Commitment Act of 2017; or 
‘‘(B) five years after the date on which the indi-
vidual was discharged or released from the active 
military, naval, or air service. 
‘‘(2) Individuals described in this paragraph are the 
following: 
‘‘(A) Eligible individuals described in subsection 
(b)(1). 
‘‘(B) Individuals described in subparagraphs 
(A), (B), and (C) of subsection (b)(2). 
‘‘(3) The mental health screening provided to an indi-
vidual under paragraph (1) shall be at no cost to the indi-
vidual. 
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‘‘(e) NOTIFICATION OF ELIGIBILITY.—The Secretary 
shall notify each eligible individual described in subsection 
(b)(1) about the eligibility of the individual for covered 
mental and behavioral health care under this section not 
later than the later of— 
‘‘(1) 180 days after the date of the enactment 
of the Honor Our Commitment Act of 2017; or 
‘‘(2) 180 days after the date on which the indi-
vidual was discharged or released from the active 
military, naval, or air service. 
‘‘(f) ANNUAL REPORT.—Not less frequently than an-
nually, the Secretary shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a report 
that includes, with respect to the year preceding the sub-
mittal of the report, the following: 
‘‘(1) The number of eligible individuals who 
were furnished covered mental and behavioral health 
care under this section. 
‘‘(2) The number of individuals who the Sec-
retary determined under subsection (c) did not have 
a mental or behavioral health condition at the time 
of committing a covered offense that contributed to 
the commission of the offense. 
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‘‘(3) The number of individuals who requested 
an initial mental health screening under subsection 
(d). 
‘‘(4) The number of individuals who were fur-
nished an initial mental health screening under sub-
section (d). 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered mental and behavioral 
health care’ means the same types of medical serv-
ices furnished by the Department to individuals with 
service-connected mental or behavioral health condi-
tions to treat such conditions. 
‘‘(2) The term ‘covered offense’ means an of-
fense for which an individual is discharged or sepa-
rated from the active military, naval, or air service 
under conditions other than honorable but not a dis-
honorable discharge or a discharge by court-martial. 
‘‘(3) The term ‘qualified mental health care 
provider’ means a licensed or certified health care 
provider whose scope of practice includes diagnosing 
mental or behavioral health conditions and includes 
physicians, psychologists, psychiatric nurse practi-
tioners, physician assistants, clinical social workers, 
and licensed professional counselors.’’. 
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