I 117th CONGRESS 2d Session H. R. 8023 IN THE HOUSE OF REPRESENTATIVES June 9, 2022 Ms. Speier introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend titles 10 and 37, United States Code, to establish special pay and allowances for members of the Armed Forces assigned to cold weather operations, and for other purposes.

1. Short title This Act may be cited as the Don Young Arctic Warrior Act . 2. Special pay and allowances for members of the Armed Forces assigned to cold weather operations (a) Allowance for broadband (1) Establishment Chapter 7 of title 37, United States Code, is amended by inserting after section 425 the following new section: 426. Allowance for broadband for certain members of the armed forces assigned to permanent duty stations in Alaska (a) Allowance authorized The Secretary concerned shall pay, to a covered member, a monthly allowance for broadband. (b) Amount The monthly allowance to a covered member under this section shall be— (1) $125 during calendar year 2023; and (2) in subsequent calendar years, an amount determined by the Secretary of Defense based on the difference between the average costs of unlimited broadband plans in Alaska and in the continental United States. (c) Sunset No allowance may be paid under this section after December 31, 2028. (d) Covered member defined In this section, the term covered member means a member of the armed forces assigned to a permanent duty station in Alaska who is— (1) an officer in a grade below O–3; or (2) an enlisted member in a grade below E–6. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 425 the following: 426. Allowance for broadband for certain members of the armed forces assigned to permanent duty stations in Alaska. . (3) Effective date Section 426 of such title, as added by this subsection, shall take effect on the day the Secretary of Defense prescribes regulations under paragraph (4). (4) Regulations Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out section 426 of such title, as added by this subsection. (5) Report Not later than December 31, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing— (A) the evaluation of the Secretary of the allowance under section 426 of such title, as added by this subsection; and (B) any recommendation of the Secretary regarding whether such allowance should be amended, extended, or made permanent. (b) Special pay (1) Establishment Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations under section 353 of title 37, United States Code, for the payment of special monthly pay (to be known as arctic pay ) to a member of the Armed Forces— (A) assigned to perform cold weather operations; or (B) required to maintain proficiency through frequent operations in cold weather. (2) Amount of pay Arctic pay shall equal $300 per month. (3) Relationship to other pay or allowances Arctic pay is in addition to any other pay or allowance to which a member is entitled. (c) Travel and transportation allowance (1) Entitlement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations and guidance that entitle a covered member of the Armed Forces to a one-time allowance for air travel for the covered member and dependents of such covered member. (2) Amounts If the air travel is to the permanent residence of the covered member, the amount of the allowance shall equal the total costs of such air travel. If such air travel is to another destination within the United States, amount of the allowance shall be equal to the lesser of the following: (A) The rate for such air travel under the City Pair Program of the General Services Administration (or successor program) in effect at the time of such air travel. (B) The actual costs of such air travel. (3) Timing Air travel reimbursed under such regulation may not commence later than 30 months after the covered member is assigned to a permanent duty station in Alaska. (4) Additional authorization The Secretary concerned may authorize an additional allowance for a covered member who has used the allowance to which such member is entitled under this subsection. (5) Covered member defined In this subsection, the term covered member has the meaning given such term in section 426 of title 37, United States Code, as added by subsection (a). 3. Pilot program on car sharing on military installations in Alaska (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to carry out a pilot program to allow car sharing on military installations in Alaska. (b) Program elements To carry out a pilot program under this section, the Secretary shall take steps including the following: (1) Seek to enter into an agreement with an entity that— (A) provides car sharing services; and (B) is capable of serving all military installations in Alaska. (2) Provide to members assigned to military installations in Alaska the resources the Secretary determines necessary to participate in such pilot program. (3) Promote such pilot program to such members. (c) Implementation plan Not later than 90 days after the date the Secretary enters into an agreement under subsection (b)(1), the Secretary shall submit to the congressional defense committees a plan to carry out the pilot program. (d) Duration A pilot program under this section shall terminate two years after the Secretary commences such pilot program. (e) Report Upon the termination of a pilot program under this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the following information: (1) The number of individuals who used car sharing services offered pursuant to the pilot program. (2) The cost to the United States of the pilot program. (3) An analysis of the effect of the pilot program on mental health and community connectedness of members described in subsection (b)(2). (4) Other information the Secretary determines appropriate. (f) Military installation defined In this section, the term military installation has the meaning given such term in section 2801 of title 10, United States Code. 4. Clarification regarding licensure requirements for provision of non-medical counseling services by certain health-care professionals Section 1094 of title 10, United States Code is amended— (1) in subsection (d)(1), by inserting , including by providing non-medical counseling services in connection with such practice, after the health profession or professions of the health-care professional ; and (2) in subsection (e), by adding at the end the following new paragraph: (3) The term non-medical counseling — (A) means short-term, non-therapeutic counseling that is not an appropriate substitute for individuals in need of clinical therapy; and (B) includes counseling that is supportive in nature and addresses issues such as general conditions of living, life skills, improving relationships at home and at work, stress management, adjustment issues (such as those related to returning from a deployment), marital problems, parenting, and grief and loss. . 5. Improvements relating to behavioral health care available under military health system (a) Expansion of certain behavioral health programs at the Uniformed Services University of the Health Sciences (1) Establishment of graduate programs The Secretary of Defense shall establish graduate degree-granting programs in counseling and social work at the Uniformed Services University of the Health Sciences. (2) Expansion of clinical psychology graduate program The Secretary of Defense shall take such steps as may be necessary to expand the clinical psychology graduate program of the Uniformed Services University of the Health Sciences. (3) Post-award employment obligation (A) Agreement with Secretary Subject to subparagraph (B), as a condition of enrolling in a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences, a civilian student shall enter into an agreement with the Secretary of Defense pursuant to which the student agrees that, if the student does not become a member of a uniformed service upon graduating such program, the student shall work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period during which the student was enrolled in such program. (B) Other terms and conditions An agreement entered into pursuant to subparagraph (A) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the employment obligation specified in such subparagraph. (C) Repayment A civilian graduate who does not complete the employment obligation required under the agreement entered into pursuant to subparagraph (A) shall repay to the Secretary of Defense a prorated portion of the student’s costs of attendance in the program described in such paragraph. The amount of such prorated portion shall be determined by the Secretary. (D) Applicability This subsection shall apply to civilian students who enroll in the first year of a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences on or after the date of the enactment of this Act. (4) Implementation plan Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include— (A) a determination as to the resources for personnel and facilities required for such implementation; (B) estimated timelines for such implementation; and (C) a projection of the number of graduates from the programs specified in paragraph (1) upon the completion of such implementation. (b) Scholarship-for-Service program for civilian behavioral health providers (1) In general Beginning not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a program under which— (A) the Secretary may provide— (i) direct grants to cover tuition, fees, living expenses, and other costs of attendance at an institution of higher education to an individual enrolled in a program of study leading to a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and (ii) student loan repayment assistance to a credentialed behavioral health provider who has a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and (B) in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in accordance with paragraph (2). (2) Post-award employment obligations (A) In general Subject to subparagraph (B), as a condition of receiving assistance under paragraph (1), the recipient of such assistance shall enter into an agreement with the Secretary of Defense pursuant to which the recipient agrees to work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period during which the recipient received assistance under such paragraph. (B) Other terms and conditions An agreement entered into pursuant to subparagraph (A) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the post-award employment obligation specified in such subparagraph. (3) Repayment An individual who receives assistance under paragraph (1) and does not complete the employment obligation required under the agreement entered into pursuant to paragraph (2) shall repay to the Secretary of Defense a prorated portion of the financial assistance received by the individual under paragraph (1). The amount of such prorated portion shall be determined by the Secretary. (4) Implementation plan Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include— (A) a determination as to the resources required for such implementation; (B) estimated timelines for such implementation; and (C) a projection of the number of recipients of assistance under paragraph (1) upon the completion of such implementation. (c) Internship programs for civilian behavioral health (1) Establishment of programs The Secretary of Defense shall establish paid pre-doctoral and post-doctoral internship programs for the purpose of training clinical psychologists to work as covered civilian behavioral health providers. (2) Employment obligation (A) In general Subject to subparagraph (B), as a condition of participating in an internship program under paragraph (1), the participant shall enter into an agreement with the Secretary of Defense pursuant to which the participant agrees to work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period of participation in such internship program. (B) Other terms and conditions An agreement entered into pursuant to subparagraph (A) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the employment obligation specified in such subparagraph. (3) Repayment An individual who participates in an internship program under paragraph (1) and does not complete the employment obligation required under the agreement entered into pursuant to paragraph (2) shall repay to the Secretary of Defense a prorated portion of the cost of administering such program with respect to such individual and of any payment received by the individual under such program. The amount of such prorated portion shall be determined by the Secretary. (4) Implementation plan Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include an explanation of how the Secretary will adjust the workload and staffing of behavioral health providers in military medical treatment facilities to ensure sufficient capacity to supervise participants in the internship programs under paragraph (1). (d) Retention bonuses for certain behavioral health providers (1) Retention bonus From amounts available in the Department of Defense Civilian Workforce Incentive Fund established under section 9902(a)(3) of title 5, United States Code, the Secretary of Defense may pay an incentive payment of up to $50,000 annually per employee to employees described in paragraph (2) for the purposes of retaining such employees. (2) Eligible recipients of bonus Employees described in this paragraph are covered civilian behavioral health providers in the following professions: (A) Clinical psychologists. (B) Social workers. (C) Counselors. (e) Pilot program on safe storage of personally owned firearms (1) Establishment The Secretary of Defense shall establish a voluntary pilot program to promote the safe storage of personally owned firearms. (2) Elements Under the pilot program under paragraph (1), the Secretary of Defense shall furnish to members of the Armed Forces described in paragraph (3) secure gun storage or safety devices for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices). (3) Voluntary participants A member of the Armed Forces described in this paragraph is a member of the Armed Forces who elects to participate in the pilot program under paragraph (1) and is stationed at a military installation selected under paragraph (5). (4) Plan Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of the pilot program under paragraph (1). (5) Selection of installations Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under paragraph (1). (6) Duration The duration of the pilot program under paragraph (1) shall be for a period of six years. (7) Report Upon the termination of the pilot program under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report containing the following information: (A) The number and type of secure gun storage or safety devices furnished to members of the Armed Forces under such pilot program. (B) The cost of such pilot program. (C) An analysis of the effect of such pilot program on suicide prevention. (D) Such other information as the Secretary may determine appropriate, except that such information may not include the personally identifiable information of a participant in such pilot program. (8) Secure gun storage or safety device defined In this subsection, the term secure gun storage or safety device means— (A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by any individual without access to the device; or (C) a safe, gun safe, gun case, lock box, or other device that may be used to store a firearm and is designed to be unlocked only by a key, combination, or other similar means. (f) Report on behavioral health workforce (1) Report Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall conduct an analysis of the behavioral health workforce under the direct care component of the TRICARE program and submit to the congressional defense committees a report containing the results of such analysis. Such report shall include, with respect to such workforce, the following: (A) The number of positions authorized for military behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2). (B) The number of positions authorized for civilian behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2). (C) The models developed by the Secretary to determine the allocations of military behavioral health providers assigned to military medical treatment facilities and embedded within an operational unit. (D) For each military department, the ratio of military behavioral health providers assigned to military medical treatment facilities compared to civilian behavioral health providers so assigned, disaggregated by the professions described in paragraph (2) and by military installation. (E) For each military department, the number of military behavioral health providers authorized to be embedded within an operational unit, and the number of such positions filled, disaggregated by the professions described in paragraph (2). (F) Data on the historical demand for behavioral health services by members of the Armed Forces. (G) An estimate of the number of health care providers necessary to meet the demand by such members for behavioral health care services under the direct care component of the TRICARE program, disaggregated by provider type. (H) An identification of any shortfall between the estimated number under subparagraph (F) and the total number of positions for behavioral health providers filled within such workforce. (I) Such other information as the Secretary may determine appropriate. (2) Provider types The professions described in this paragraph are as follows: (A) Clinical psychologists. (B) Social workers. (C) Counselors. (D) Such other professions as the Secretary may determine appropriate. (g) Plan To address shortfalls in behavioral health workforce Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to address any shortfall of the behavioral health workforce identified under subsection (f)(1)(G). Such plan shall address the following: (1) With respect to any such shortfall of military behavioral health providers (addressed separately with respect to such providers assigned to military medical treatment facilities and such providers assigned to be embedded within operational units), the recruitment, accession, retention, special pay and other aspects of compensation, workload, role of the Uniformed Services University of the Health Sciences and the Armed Forces Health Professions Scholarship Program under chapter 105 of title 10, United States Code, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate. (2) With respect to addressing any such shortfall of civilian behavioral health providers, the recruitment, hiring, retention, pay and benefits, workload, educational scholarship programs, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate. (3) A recommendation as to whether the number of military behavioral health providers in each military department should be increased, and if so, by how many. (4) A plan for each Secretary of a military department to assign additional military behavioral health providers to military medical treatment facilities located at remote installations under the jurisdiction of that Secretary. (5) An assessment of the feasibility of hiring covered civilian behavioral health providers at remote installations, to supplement the provision of services by military behavioral health providers. (6) Updated access standards for behavioral health care under the military health system, taking into account— (A) the duration of time between a patient receiving a referral for such care and the patient receiving individualized treatment (following an initial intake assessment) from a behavioral health provider; and (B) the frequency of regular follow-up appointments subsequent to the first appointment at which a patient receives such individualized treatment. (7) A plan to expand access to behavioral health care under the military health system using telehealth. (h) Definitions In this section: (1) The terms Armed Forces and congressional defense committees have the meanings given those terms in section 101 of title 10, United States Code. (2) The term behavioral health includes psychiatry, clinical psychology, social work, counseling, and related fields. (3) The term civilian behavioral health provider means a behavioral health provider who is a civilian employee of the Department of Defense. (4) The term cost of attendance has the meaning given that term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). (5) The term counselor means an individual who holds— (A) a master’s or doctoral degree from an accredited graduate program in— (i) marriage and family therapy; or (ii) clinical mental health counseling; and (B) a current license or certification from a State that grants the individual the authority to provide counseling services as an independent practitioner in the respective field of the individual. (6) The term covered civilian behavioral health provider means a civilian behavioral health provider whose employment by the Secretary of Defense involves the provision of behavioral health services at a military medical treatment facility. (7) The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) The term military behavioral health provider means a behavioral health provider who is a member of the Armed Forces. (9) The term military installation has the meaning given that term in section 2801 of title 10, United States Code. (10) The term military medical treatment facility means a facility specified in section 1073d of such title. (11) The term remote installation means a military installation that the Secretary determines to be in a remote location. (12) The term TRICARE program has the meaning given that term in section 1072 of such title.