[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8023 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8023
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don Young Arctic Warrior Act''.
SEC. 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:
``Sec. 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).
SEC. 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.
SEC. 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.''.
SEC. 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.
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