To amend title 10, United States Code, to ensure that the Secretary of Defense provides each member of the Armed Forces, before the member separates from the Armed Forces, with an electronic copy of the medical records of the member and a physical examination.

Directs the Secretary of the military department concerned to provide to each member of the Armed Forces who is scheduled to be separated from service a copy of such member's medical records in an electronic format.

Requires such records to include any medical records that, in connection with service in the National Guard, are maintained by the governor of the appropriate state, commonwealth, territory, or possession or the Commanding General of the National Guard of the District of Columbia.

Directs the Secretary concerned to provide to a member who is scheduled to be separated a comprehensive physical examination immediately before that separation. Repeals provisions authorizing the waiver of such examination if the member has otherwise undergone an examination within 12 months before the scheduled date of separation. Prohibits a member from being entitled to health care benefits solely by reason of being provided such examination.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3045 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3045

To amend title 10, United States Code, to ensure that the Secretary of 
  Defense provides each member of the Armed Forces, before the member 
separates from the Armed Forces, with an electronic copy of the medical 
           records of the member and a physical examination.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2013

  Mr. O'Rourke (for himself, Mr. Coffman, Mr. Walz, Mr. Stewart, Ms. 
    Gabbard, Mr. Ruiz, Mr. Blumenauer, Mr. Conyers, Mr. Sablan, Mr. 
   Gallego, Mr. Rooney, Mr. Enyart, and Mr. Michaud) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to ensure that the Secretary of 
  Defense provides each member of the Armed Forces, before the member 
separates from the Armed Forces, with an electronic copy of the medical 
           records of the member and a physical examination.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRANSMITTAL OF ELECTRONIC MEDICAL RECORDS TO SEPARATING 
              MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 1142 of title 10, United States Code, is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``In the case'' and inserting ``(1) 
                In the case'';
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) The Secretary concerned shall provide to each member of 
the armed forces who is scheduled to be separated from the armed forces 
a copy of the medical records of the member (including the results of a 
Physical Evaluation Board or any other physical examination) in an 
electronic format.
    ``(B) To the extent practicable, the Secretary concerned shall 
ensure that medical records provided to a member of the National Guard 
under subparagraph (A) include medical records that are--
            ``(i) in connection with the service of the member in the 
        National Guard, maintained by the Governor of the State, 
        Commonwealth, territory, or possession of the United States, or 
        in the case of the District of Columbia, the Commanding General 
        of the National Guard of the District of Columbia; and
            ``(ii) provided to the Secretary for purposes of such 
        subparagraph.''; and
                    (C) in the heading by striking ``to Department of 
                Veterans Affairs''; and
            (2) in the heading by striking ``to Department of Veterans 
        Affairs''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 58 of such title is amended by striking the item relating to 
section 1142 and inserting the following:

``1142. Preseparation counseling; transmittal of medical records''.

SEC. 2. MANDATORY PHYSICAL EXAMINATIONS OF SEPARATING MEMBERS OF THE 
              ARMED FORCES.

    Section 1145 of title 10, United States Code, is amended--
            (1) in subsection (a)(5)--
                    (A) by striking ``(A) The Secretary'' and inserting 
                ``The Secretary'';
                    (B) by inserting ``comprehensive'' after ``undergo 
                a''; and
                    (C) by striking subparagraph (B); and
            (2) by adding at the end the following new subsection:
    ``(f) Mandatory Physical Examinations for Members Not Otherwise 
Covered by This Section.--(1) The Secretary concerned shall provide a 
comprehensive physical examination pursuant to subsection (a)(5) to 
each member of the armed forces who is scheduled to be separated from 
the armed forces and does not otherwise receive such an examination 
under such subsection.
    ``(2) A member may not be entitled to health care benefits pursuant 
to subsection (a), (b), or (c) solely by reason of being provided a 
physical examination under paragraph (1).''.
                                 <all>