Sec. 593. Commission on Military Behavioral Health and Disciplinary Issues
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/bill/113/hr/1960/eh/section-593·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established the Commission on Military Behavioral Health and Disciplinary Issues (in this section referred to as the Commission ). The Commission shall be composed of 10 members, of whom— two shall be appointed by the President; two shall be appointed by the Chairman of the Committee on Armed Services of the Senate; two shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; two shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and two shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
The appointments of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. If one or more appointments under a subparagraph of paragraph
(1)is not made by such appointment date, the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments not made. In making appointments under this subsection, consideration should be given to individuals with expertise in service-connected mental disorders, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), psychiatry, behavioral health, neurology, as well as disciplinary matters and military justice. Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. Not later than 30 days after the appointment date specified in paragraph (2), the Commission shall hold its first meeting. The Commission shall meet at the call of the Chair. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall select a Chair and Vice Chair from among its members. The Commission shall undertake a comprehensive study of whether— the Department of Defense mechanisms for disciplinary action adequately address the impact of service-connected mental disorders and TBI on the basis for the disciplinary action; and whether the disciplinary mechanisms should be revisited in light of new information regarding the connection between service-connected mental disorders and TBI, behavioral problems, and disciplinary action. In considering the Department of Defense mechanisms for disciplinary action, the Commission shall give particular consideration to evaluating a structure that examines those members diagnosed with or reasonably asserting post traumatic stress disorder or traumatic brain injury that have been deployed overseas in support of a contingency operation during the previous 24 months and how that injury or deployment may constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable. Not later than June 30, 2014, the Commission shall submit to the President and the congressional defense committees a report containing a detailed statement of the findings and conclusions of the Commission as a result of the study required by this subsection, together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel from as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. The staff members should be officers or employees of the United States. The Commission shall terminate 30 days after the date on which the Commission submits its report.