§1720H — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must create rules so veterans and reserve members who did classified or sensitive work can get mental health care without risking improper disclosure of secrets. The Secretary must work with the Secretary of Defense so the rules match Defense Department policy. The VA must give guidance to its staff, including mental health workers, about the rules and how to handle conversations about classified matters. People can choose to mark themselves eligible on a form. Definitions: classified information — information officially marked to protect national security; eligible individual — a veteran or reserve member who can get VA care, is seeking mental health treatment, and took part in a sensitive mission or served in a sensitive unit; sensitive mission — a mission that is classified when the person seeks treatment; sensitive unit — as defined in 10 U.S.C. 130b(c)(4).

Title 38, §1720H

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary shall establish standards and procedures to ensure that each eligible individual may access mental health care furnished by the Secretary in a manner that fully accommodates the obligation of the individual to not improperly disclose classified information.

(2)In establishing standards and procedures under paragraph (1), the Secretary shall consult with the Secretary of Defense to ensure that such standards and procedures are consistent with the policies on classified information of the Department of Defense.

(3)The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage eligible individuals during the course of mental health treatment with respect to classified information.

(b)In carrying out this section, the Secretary shall ensure that an individual may elect to identify as an eligible individual on an appropriate form.

(c)In this section:

(1)The term “classified information” means any information or material that has been determined by an official of the United States pursuant to law to require protection against unauthorized disclosure for reasons of national security.

(2)The term “eligible individual” means a veteran or a member of the reserve components of the Armed Forces who—

(A)is eligible to receive health care furnished by the Department under this title;

(B)is seeking mental health treatment; and

(C)in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.

(3)The term “sensitive mission” means a mission of the Armed Forces that, at the time at which an eligible individual seeks treatment, is classified.

(4)The term “sensitive unit” has the meaning given that term in section 130b(c)(4) of title 10.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 764(b)(2)(A), inserted “and members of the reserve components of the Armed Forces” after “veterans” in section catchline. Subsec. (a)(1). Pub. L. 116–283, § 764(b)(1)(A)(i), substituted “eligible individual” for “eligible veteran” and “the individual” for “the veteran”. Subsec. (a)(3). Pub. L. 116–283, § 764(b)(1)(A)(ii), substituted “eligible individuals” for “eligible veterans”. Subsec. (b). Pub. L. 116–283, § 764(b)(1)(B), substituted “an individual” for “a veteran” and “eligible individual” for “eligible veteran”. Subsec. (c)(2). Pub. L. 116–283, § 764(b)(1)(C)(i), substituted “The term ‘eligible individual’ means a veteran or a member of the reserve components of the Armed Forces” for “The term ‘eligible veteran’ means a veteran” in introductory provisions. Subsec. (c)(3). Pub. L. 116–283, § 764(b)(1)(C)(ii), substituted “eligible individual” for “eligible veteran”.

§1720H Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions

Summary

Title 38, §1720H

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata