A bill to establish a commission on veterans and members of the Armed Forces with post traumatic stress disorder, traumatic brain injury, or other mental health disorders, to enhance the capacity of mental health care providers to assist such veterans and members, to ensure such veterans are not discriminated against, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers Mental Health Care 
Commission Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since October 2001, approximately 1,640,000 members of 
        the Armed Forces have been deployed as part of Operation 
        Enduring Freedom or Operation Iraqi Freedom.
            (2) 300,000 members of the Armed Forces are suffering from 
        major depression or post traumatic stress because of service in 
        Operation Enduring Freedom or Operation Iraqi Freedom.
            (3) 320,000 of the members of the Armed Forces who served 
        in Operation Enduring Freedom or Operation Iraqi Freedom, or 19 
        percent of such members, have received brain injuries from such 
        service.
            (4) Only 43 percent of members of the Armed Forces with a 
        probable traumatic brain injury have reported receiving a 
        medical evaluation for their head injury.
            (5) Records of the Department of Veterans Affairs show that 
        120,000 members of the Armed Forces who are no longer on active 
        duty have been diagnosed with mental health problems, 
        approximately half of whom suffer from post traumatic stress 
        disorder (PTSD).
            (6) In the last year, only 53 percent of those members of 
        the Armed Forces with post traumatic stress disorder or 
        depression have sought professional help from a mental health 
        care provider.
            (7) Rates of post traumatic stress disorder and depression 
        are highest among members of the Armed Forces who are women or 
        members of the Reserves.
            (8) Efforts to improve access to quality mental health care 
        are integral to supporting and treating both active duty 
        members of the Armed Forces and veterans.
            (9) Without quality mental health care, members of the 
        Armed Forces and veterans may experience lower work 
        productivity, which negatively affects their physical health, 
        mental health, and family and social relationships.
            (10) Cultural and personal stigmas are factors that 
        contribute to low rates of veterans of Operation Enduring 
        Freedom and Operation Iraqi Freedom who seek mental health care 
        from qualified mental health care providers.
            (11) The capacity of mental health care providers and 
        access to such providers must be improved to meet the needs of 
        members of the Armed Forces who are returning from deployment 
        in Operation Enduring Freedom or Operation Iraqi Freedom.
            (12) Community-based providers of mental health care are 
        invaluable assets in addressing the needs of such members and 
        should not be overlooked.
            (13) Coordination of care among government agencies as well 
        as nongovernmental agencies is integral to the successful 
        treatment of members of the Armed Forces returning from 
        deployment.

SEC. 3. COMMISSION ON VETERANS AND MEMBERS OF THE ARMED FORCES WITH 
              POST TRAUMATIC STRESS DISORDER, TRAUMATIC BRAIN INJURY, 
              OR OTHER MENTAL HEALTH DISORDERS CAUSED BY SERVICE IN THE 
              ARMED FORCES.

    (a) Establishment of Commission.--There is established a commission 
on veterans and members of the Armed Forces with post traumatic stress 
disorder, traumatic brain injury, or other mental health disorders 
caused by service in the Armed Forces.
    (b) Membership.--
            (1) In general.--The commission shall be composed of a 
        chair and 11 other members who shall be appointed jointly by 
        the Secretary of Veterans Affairs and the Secretary of Defense.
            (2) Membership.--The membership of the commission under 
        paragraph (1) shall include at least one of each of the 
        following:
                    (A) Members of the Armed Forces on active duty.
                    (B) Veterans who are retired from the Armed Forces.
                    (C) Employees of the Department of Veterans 
                Affairs.
                    (D) Employees of the Department of Defense.
                    (E) Recognized medical or scientific authorities in 
                fields relevant to the commission, including psychiatry 
                and medical care.
                    (F) Mental health professionals who are not 
                physicians.
                    (G) Veterans who have undergone treatment for post 
                traumatic stress disorder, traumatic brain injury, or 
                other mental health disorders.
            (3) Consideration of recommendations.--In appointing 
        members of the commission, the Secretary of Veterans Affairs 
        and the Secretary of Defense shall consult with nongovernmental 
        organizations that represent veterans, members of the Armed 
        Forces, and families of such veterans and members.
    (c) Duties.--
            (1) In general.--The commission shall--
                    (A) oversee the monitoring and treatment of 
                veterans and members of the Armed Forces with post 
                traumatic stress disorder, traumatic brain injury, and 
                other mental health disorders caused by service in the 
                Armed Forces; and
                    (B) conduct a thorough study of all matters 
                relating to the long-term adverse consequences of such 
                disorders for such veterans and members, including an 
                analysis of--
                            (i) the information gathered from 
                        rescreening data obtained from post deployment 
                        interviews;
                            (ii) treatments that have been shown to be 
                        effective in the treatment of post traumatic 
                        stress disorder, traumatic brain injury, or 
                        other mental health disorders caused by service 
                        in the Armed Forces;
                            (iii) the effects on the military career of 
                        members of the Armed Forces of seeking mental 
                        health counseling or care, including effects on 
                        duty assignments and promotion potential; and
                            (iv) the continuity and effectiveness of 
                        mental health care provided individuals during 
                        their transition from receipt of care and 
                        services through the Department of Defense to 
                        receipt of care and services through the 
                        Department of Veterans Affairs.
            (2) Recommendations.--The commission shall develop 
        recommendations on the development of initiatives--
                    (A) to mitigate the adverse consequences studied 
                under paragraph (1)(B); and
                    (B) to reduce cultural and professional stigmas 
                associated with treatment of post traumatic stress 
                disorder, traumatic brain injury, or other mental 
                health disorders of veterans and members of the Armed 
                Forces.
            (3) Annual reports.--Not later than September 30 each year, 
        the commission shall submit to the appropriate committees of 
        Congress a report containing the following:
                    (A) A detailed statement of the findings and 
                conclusions of the commission as a result of its 
                activities under paragraph (1).
                    (B) The recommendations of the commission developed 
                under paragraph (2).
    (d) Powers of the Commission.--
            (1) Site visits.--The commission may visit locations where 
        veterans and members of the Armed Forces with post traumatic 
        stress disorder, traumatic brain injury, or other mental health 
        disorders caused by service in the Armed Forces receive 
        treatment for such disorders to carry out the oversight and 
        monitoring required by subsection (c)(1)(A).
            (2) Information from federal agencies.--The commission may 
        secure directly from any Federal department or agency such 
        information as the commission considers necessary to carry out 
        the provisions of this Act. Upon request of the chair of the 
        commission, the head of such department or agency shall furnish 
        such information to the commission.
            (3) Solicitation of testimony.--The commission may request 
        testimony from members of the Armed Forces, veterans, 
        caregivers, and other sources in a manner intended not to 
        interfere with the career development of the individual 
        providing such testimony.
    (e) Termination.--The commission shall be terminated jointly by the 
Secretary of Veterans Affairs and the Secretary of Defense, at the 
joint discretion of the Secretaries.
    (f) Authorization of Appropriations.--
            (1) Fiscal year 2010.--There is authorized to be 
        appropriated for fiscal year 2010 to carry out this section, 
        $1,000,000.
            (2) Subsequent fiscal years.--There is authorized to be 
        appropriated for each fiscal year after fiscal year 2010 such 
        sums as may be necessary to carry out this section in such 
        fiscal year.
    (g) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Veterans' Affairs of the House of Representatives.

Summary: Servicemembers Mental Health Care Commission Act - Establishes a commission on veterans and members of the Armed Forces (members) with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other mental health disorders caused by military service. Requires the commission to: (1) oversee the monitoring and treatment of veterans and members with such disorders; and (2) conduct a study of the long-term adverse consequences of such disorders for such veterans and members.