US Codex
Pub. L.
Notes

Title I — Improvement of Transition of Individuals to Services from Department of Veterans Affairs

116th Congress · Approved Oct 17, 2020 · 134 Stat. 778

TITLE I Improvement of Transition of Individuals to Services from Department of Veterans Affairs

SEC. 101. Strategic Plan on Expansion of Health Care Coverage for Veterans Transitioning from Service in the Armed Forces.

(a)
Strategic Plan.—
(1)
In general.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress and publish on a website of the Department of Veterans Affairs a strategic plan for the provision by the Department of health care to any veteran during the one-year period following the discharge or release of the veteran from active military, naval, or air service.
(2)
Elements.— The plan submitted under paragraph (1) shall include the following:
(A)
An identification of general goals and objectives for the provision of health care to veterans described in such paragraph.
(B)
A description of how such goals and objectives are to be achieved, including—
(i)
a description of the use of existing personnel, information, technology, facilities, public and private partnerships, and other resources of the Department of Veterans Affairs;
(ii)
a description of the anticipated need for additional resources for the Department; and
(iii)
an assessment of cost.
(C)
An analysis of the anticipated health care needs, including mental health care, for such veterans, disaggregated by geographic area.
(D)
An analysis of whether such veterans are eligible for enrollment in the system of annual patient enrollment of the Department under section 1705(a) of title 38, United States Code.
(E)
A description of activities designed to promote the availability of health care from the Department for such veterans, including outreach to members of the Armed Forces though the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
(F)
A description of legislative or administrative action required to carry out the plan.
(G)
A description of how the plan would further the ongoing initiatives under Executive Order 13822 (83 Fed. Reg. 1513; relating to supporting our veterans during their transition from uniformed service to civilian life) to provide seamless access to high-quality mental health care and suicide prevention resources to veterans as they transition, with an emphasis on the one-year period following separation.
(b)
Definitions.— In this section:
(1)
Active military, naval, or air service.— The term “active military, naval, or air service” has the meaning given that term in section 101(24) of title 38, United States Code.
(2)
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
(A)
the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B)
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

SEC. 102. Review of Records of Former Members of the Armed Forces Who Die by Suicide Within One Year of Separation from the Armed Forces.

(a)
Review.—
(1)
In general.— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly review the records of each former member of the Armed Forces who died by suicide, as determined by the Secretary of Defense or the Secretary of Veterans Affairs, within one year following the discharge or release of the former member from active military, naval, or air service during the five-year period preceding the date of the enactment of this Act.
(2)
Records to be reviewed.— In completing the review required under paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall review the following records maintained by the Department of Defense:
(A)
Health treatment records.
(B)
Fitness, medical, and dental records.
(C)
Ancillary training records.
(D)
Safety forms and additional duties sections of the personnel information files.
(b)
Elements.— The review required by subsection (a) with respect to a former member of the Armed Forces shall include consideration of the following:
(1)
Whether the Department of Defense had identified the former member as being at elevated risk during the 365-day period before separation of the member from the Armed Forces.
(2)
In the case that the member was identified as being at elevated risk as described in paragraph (1), whether that identification had been communicated to the Department of Veterans Affairs via the Solid Start initiative of the Department pursuant to Executive Order 13822 (83 Fed. Reg. 1513; relating to supporting our veterans during their transition from uniformed service to civilian life), or any other means.
(3)
The presence of evidence-based and empirically-supported contextual and individual risk factors specified in subsection (c) with respect to the former member and how those risk factors correlated to the circumstances of the death of the former member.
(4)
Demographic variables, including the following:
(A)
Sex.
(B)
Age.
(C)
Rank at separation from the Armed Forces.
(D)
Career field after separation from the Armed Forces.
(E)
State and county of residence one month prior to death.
(F)
Branch of service in the Armed Forces.
(G)
Marital status.
(H)
Reason for separation from the Armed Forces.
(5)
Support or medical services furnished to the former member through the Department of Defense, specified by the type of service or care provided.
(6)
Support or medical services furnished to the former member through the Department of Veterans Affairs, specified by the type of service or care provided.
(c)
Evidence-based and Empirically-supported Contextual and Individual Risk Factors.— Evidence-based and empirically-supported contextual and individual risk factors specified in this subsection include the following:
(1)
Exposure to violence.
(2)
Exposure to suicide.
(3)
Housing instability.
(4)
Financial instability.
(5)
Vocational problems or insecurity.
(6)
Legal problems.
(7)
Highly acute or significantly chronic relational problems.
(8)
Limited access to health care.
(d)
Report.— Not later than three years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress an aggregated report on the results of the review conducted under subsection (a) with respect to the year-one cohort of former members of the Armed Forces covered by the review.
(e)
Definitions.— In this section:
(1)
Active military, naval, or air service.— The term “active military, naval, or air service” has the meaning given that term in section 101(24) of title 38, United States Code.
(2)
Appropriate committees of congress defined.— The term “appropriate committees of Congress” means—
(A)
the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and
(B)
the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.

SEC. 103. Report on Reach Vet Program of Department of Veterans Affairs.

(a)
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the REACH VET program.
(b)
Elements.— The report required by subsection (a) shall include the following:
(1)
An assessment of the impact of the REACH VET program on rates of suicide among veterans.
(2)
An assessment of how limits within the REACH VET program, such as caps on the number of veterans who may be flagged as high risk, are adjusted for differing rates of suicide across the country.
(3)
A detailed explanation, with evidence, for why the conditions included in the model used by the REACH VET program were chosen, including an explanation as to why certain conditions, such as bipolar disorder II, were not included even though they show a similar rate of risk for suicide as other conditions that were included.
(4)
An assessment of the feasibility of incorporating certain economic data held by the Veterans Benefits Administration into the model used by the REACH VET program, including financial data and employment status, which research indicates may have an impact on risk for suicide.
(c)
REACH VET Program Defined.— In this section, the term “REACH VET program” means the Recovery Engagement and Coordination for Health—Veterans Enhanced Treatment program of the Department of Veterans Affairs.

SEC. 104. Report on Care for Former Members of the Armed Forces with Other Than Honorable Discharge.

Section 1720I(f) of title 38, United States Code, is amended—
(1)
in paragraph (1) by striking “ Not less frequently than once” and inserting “ Not later than February 15”; and
(2)
in paragraph (2)—
(A)
by redesignating subparagraph (C) as subparagraph (F); and
(B)
by inserting after subsection (B) the following new subparagraphs:

“(C) The types of mental or behavioral health care needs treated under this section.

“(D) The demographics of individuals being treated under this section, including—

“(i) age;

“(ii) era of service in the Armed Forces;

“(iii) branch of service in the Armed Forces; and

“(iv) geographic location.

“(E) The average number of visits for an individual for mental or behavioral health care under this section.”