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

Summary

The VA must make rules so eligible people can get mental health care without risking the improper release of classified information. The VA must work with the Department of Defense so those rules fit DoD rules about classified material. The VA must give simple guidance to Veterans Health Administration staff, including mental health workers, on those rules and how to talk with patients about classified matters. A person can choose to say they are eligible on a form. "classified information" — information kept secret for national security. "eligible individual" — a veteran or reserve member who can get VA care, is seeking mental health help, and served on a classified mission or in a sensitive unit. "sensitive mission" — a military mission that is classified when the person seeks care. "sensitive unit" — the meaning 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