To amend titles 10 and 38, United States Code, to expand and enhance health care, mental health, transition, and disability benefits for veterans, and for other purposes.

January 24, 2005

Mr. AKAKA (for himself, Mr. REID, Ms. MIKULSKI, Ms. STABENOW, Mr. INOUYE, Mr. DORGAN, Mr. LAUTENBERG, Mr. LEAHY, Mr. SALAZAR, Mr. Rockefeller, Mrs. MURRAY, Mr. BINGAMAN, Mrs. FEINSTEIN, Mr. DURBIN, Mr. KENNEDY, Mr. CORZINE, Mr. PRYOR, Mr. SCHUMER, Mr. SARBANES, and Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Veterans Affairs

To amend titles 10 and 38, United States Code, to expand and enhance health care, mental health, transition, and disability benefits for veterans, 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 `Fulfilling Our Duty to America's Veterans Act of 2005'.

TITLE I--HEALTH CARE MATTERS

SEC. 100. FINDINGS.

Congress makes the following findings:

(1) The three largest veterans advocacy groups, the Disabled American Veterans, the American Legion, and the Veterans of Foreign Wars, have called upon Congress to change veterans funding to a mandatory process, stating, `We believe it is time to guarantee health care funding for all veterans. We believe health care rationing must end. We believe it is time the promise is kept.'.

(2) The May 2003 report of The President's Task Force To Improve Health Care Delivery for Our Nation's Veterans found that `there is a significant mismatch in VA between demand and available funding--an imbalance that . . . if unresolved, will delay veterans' access to care and could threaten the quality of VA health care.'.

(3) Under the current funding process, the VA has experienced billion-dollar shortfalls every year for the past several years, resulting in waiting lists several months long for appointments with physicians, a substantial disability claims backlog, and policies designed to prevent veterans from obtaining the health care they were promised.

Subtitle A--Funding Matters

SEC. 101. FUNDING TO ADDRESS CHANGES IN POPULATION AND INFLATION.

(a) IN GENERAL- Chapter 17 of title 38, United States Code, is amended by inserting after section 1706 the following new section:

`Sec. 1706A. Management of health care: funding to address changes in population and inflation

`(a) By the enactment of this section, Congress and the President intend to ensure access to health care for all veterans. Upon the enactment of this section, funding for the programs, functions, and activities of the Veterans Health Administration specified in subsection (d) to accomplish this objective shall be provided through a combination of discretionary and mandatory funds. The discretionary amount should be equal to the fiscal year 2005 discretionary funding for such programs, functions, and activities, and should remain unchanged each fiscal year thereafter. The annual level of mandatory amount shall be adjusted according to the formula specified in subsection (c). While this section does not purport to control the outcome of the annual appropriations process, it anticipates cooperation from Congress and the President in sustaining discretionary funding for such programs, functions, and activities in future fiscal years at the level of discretionary funding for such programs, functions, and activities for fiscal year 2005. The success of that arrangement, as well as of the funding formula, are to be reviewed after two years.

`(b) On the first day of each fiscal year, the Secretary of the Treasury shall make available to the Secretary of Veterans Affairs the amount determined under subsection (c) with respect to that fiscal year. Each such amount is available, without fiscal year limitation, for the programs, functions, and activities of the Veterans Health Administration specified in subsection (d). There is hereby appropriated, out of any sums in the Treasury not otherwise appropriated, amounts necessary to implement this section.

`(c)(1) The amount applicable to fiscal year 2006 under this subsection is the amount equal to--

`(A) 130 percent of the amount obligated by the Department during fiscal year 2004 for the purposes specified in subsection (d); minus

`(B) the amount appropriated for those purposes for fiscal year 2005.

`(2) The amount applicable to any fiscal year after fiscal year 2006 under this subsection is the amount equal to the product of the following, minus the amount appropriated for the purposes specified for subsection (d) for fiscal year 2005:

`(A) The sum of--

`(i) the number of veterans enrolled in the Department health care system under section 1705 of this title as of July 1 preceding the beginning of such fiscal year; and

`(ii) the number of persons eligible for health care under chapter 17 of this title who are not covered by clause (i) and who were provided hospital care or medical services under such chapter at any time during the fiscal year preceding such fiscal year.

`(B) The per capita baseline amount, as increased from time to time pursuant to paragraph (3)(B).

`(3)(A) For purposes of paragraph (2)(B), the term `per capita baseline amount' means the amount equal to--

`(i) the amount obligated by the Department during fiscal year 2005 for the purposes specified in subsection (d); divided by

`(ii) the number of veterans enrolled in the Department health care system under section 1705 of this title as of September 30, 2004.

`(B) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the per capita baseline amount equal to the percentage by which--

`(i) the Consumer Price Index (all Urban Consumers, United States City Average, Hospital and related services, Seasonally Adjusted), published by the Bureau of Labor Statistics of the Department of Labor for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made; exceeds

`(ii) such Consumer Price Index for the 12-month period preceding the 12-month period described in clause (i).

`(d)(1) Except as provided in paragraph (2), the purposes for which amounts are made available pursuant to subsection (b) shall be all programs, functions, and activities of the Veterans Health Administration.

`(2) Amounts made available pursuant to subsection (b) are not available for--

`(A) construction, acquisition, or alteration of medical facilities as provided in subchapter I of chapter 81 of this title (other than for such repairs as were provided for before the date of the enactment of this section through the Medical Care appropriation for the Department); or

`(B) grants under subchapter III of chapter 81 of this title.

`(e) Nothing in this section shall be construed to prevent or limit the authority of Congress to reauthorize provisions relating to veterans health care.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`1706A. Management of health care: funding to address changes in population and inflation.'.

SEC. 102. COMPTROLLER GENERAL REPORT.

(a) REQUIREMENT FOR REPORT- Not later than January 31, 2008, the Comptroller General of the United States shall submit to Congress a report on the extent to which section 1706A of title 38, United States Code (as added by section 101 of this Act), has achieved the objective set forth in subsection (a) of such section 1706A during fiscal years 2006 and 2007.

(b) CONTENT- The report under subsection (a) shall set forth the following:

(1) The amount appropriated for fiscal year 2005 for the programs, functions, and activities of the Veterans Health Administration specified in subsection (d) of section 1706A of title 38, United States Code (as so added).

(2) The amount appropriated by annual appropriations Acts for each of fiscal years 2006 and 2007 for such programs, functions, and activities.

(3) The amount provided by section 1706A of title 38, United States Code (as so added), for each of fiscal years 2006 and 2007 for such programs, functions, and activities.

(4) An assessment whether the amount described in paragraph (3) for each of fiscal years 2006 and 2007 was appropriate to address the changes in costs to the Veterans Health Administration for such programs, functions, and activities that were attributable to changes in population and in inflation over the course of such fiscal years.

(5) An assessment whether the amount provided by section 1706A of title 38, United States Code (as so added), in each of fiscal years 2006 and 2007, when combined with amounts appropriated by annual appropriations Acts for each of such fiscal years for such programs, functions, and activities, provided adequate funding of such programs, functions, and activities in each such fiscal year.

(6) Such recommendations as the Comptroller General considers appropriate regarding modifications of the formula under subsection (c) of section 1706A of title 38, United States Code (as so added), or any other modifications of law, to better ensure adequate funding of such programs, functions, and activities.

SEC. 103. CONGRESSIONAL CONSIDERATION OF COMPTROLLER GENERAL RECOMMENDATIONS.

(a) APPLICABLE PROCEDURE- The procedure provided under this section shall apply to consideration of a joint resolution described in subsection (b) in the Senate and the House of Representatives.

(b) JOINT RESOLUTION DEFINED- For purposes of this section, the term `joint resolution' means only a joint resolution that is introduced in the House of Representatives by the Speaker of the House of Representatives (or the Speaker's designee) or the Minority Leader (or the Minority Leader's designee), or in the Senate by the Majority Leader (or the Majority Leader's designee) or the Minority Leader (or the Minority Leader's designee), within the 10-day period beginning on the date on which Congress receives the report of the Comptroller General of the United States under section 102, and--

(1) that does not have a preamble;

(2) the matter after the resolving clause of which consists of amendments of title 38, United States Code, or other amendments or modifications of laws administered by the Secretary of Veterans Affairs to implement the recommendations of the Comptroller General in the report under section 102(b)(6); and

(3) the title of which is as follows: `Joint resolution to ensure adequate funding of health care for veterans.'.

(c) REFERRAL- A joint resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Veterans' Affairs of the House of Representatives. A joint resolution described in subsection (b) introduced in the Senate shall be referred to the Committee on Veterans' Affairs of the Senate.

(d) DISCHARGE- If the committee to which a joint resolution described in subsection (b) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the Comptroller General submits to Congress the report under section 102, such committee shall be, at the end of such period, discharged from further consideration of

such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

(e) CONSIDERATION-

(1) MOTION TO PROCEED TO CONSIDERATION- On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.

(2) DEBATE- Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(3) VOTE ON FINAL PASSAGE- Immediately following the conclusion of the debate on a joint resolution described in subsection (b) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

(4) APPEALS FROM DECISIONS OF THE CHAIR- Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subsection (b) shall be decided without debate.

(f) CONSIDERATION BY OTHER HOUSE-

(1) PROCEDURE- If, before the passage by one House of a joint resolution of that House described in subsection (b), that House receives from the other House a joint resolution described in subsection (b), then the following procedures shall apply:

(A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).

(B) With respect to a joint resolution described in subsection (b) of the House receiving the resolution--

(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but

(ii) the vote on final passage shall be on the resolution of the other House.

(2) DISPOSITION- Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.

(g) RULES OF SENATE AND HOUSE- This section is enacted by Congress--

(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (b), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Subtitle B--Mental Health Matters

SEC. 111. FINDINGS.

Congress makes the following findings:

(1) A study published in the New England Journal of Medicine reported that about one in six soldiers of the Iraq war displays symptoms of post-traumatic stress disorder.

(2) Clinical experts are anticipating an increase in the number of post-traumatic stress disorder cases in light of the increasing duration of military deployment.

(3) 86 of 163 Department of Veterans Affairs Medical Centers have post-traumatic stress disorder treatment programs.

(4) Section 1706 of title 38, United States Code, requires that the Secretary of Veterans Affairs ensure, in accordance with that section, that the Department of Veterans Affairs maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans within distinct programs or facilities of the Department.

SEC. 112. POST-TRAUMATIC STRESS DISORDER TREATMENT FOR VETERANS OF SERVICE IN AFGHANISTAN AND IRAQ AND THE WAR ON TERROR.

(a) Enhanced Capacity for Department of Veterans Affairs- Using funds available to the Secretary of Veterans Affairs for fiscal year 2006 for `Medical Care', the Secretary shall employ at least one psychiatrist and a complementary clinical team at each medical center of the Department of Veterans Affairs in order to conduct a specialized program for the diagnosis and treatment of post-traumatic stress disorder and to employ additional mental health services specialists at the medical center.

(b) Outreach at the Community Level-

(1) Program- The Secretary of Veterans Affairs shall, within the authorities of the Secretary under title 38, United States Code, carry out a program to provide outreach at the community level to veterans who participated in Operation Iraqi Freedom or Operation Enduring Freedom who are or may be suffering from post-traumatic stress disorder.

(2) Program sites- The program shall be carried out on a nation-wide basis through facilities of the Department of Veterans Affairs.

(3) Program content- The program shall provide for individualized case management to be conducted on a one-on-one basis, counseling, education, and group therapy to help participants cope with post-traumatic stress disorder. The program--

(A) shall emphasize early identification of veterans who may be experiencing symptoms of post-traumatic stress disorder; and

(B) shall include group-oriented, peer-to-peer settings for treatment.

SEC. 113. ARMED FORCES REVIEW OF MENTAL HEALTH PROGRAMS.

(a) Review of Mental Health Programs- The Secretary of each military department shall conduct a comprehensive review of the mental health care programs of the Armed Forces under the jurisdiction of that Secretary in order to determine ways to improve the efficacy of such care, including a review of joint Department of Defense and Department of Veterans Affairs clinical guidelines to ensure a seamless delivery of care during transitions from active duty or reserve status to civilian life.

(b) Report to Congress- The Secretary of Defense shall submit to Congress a report setting forth the results of such review not later than 90 days after the date of the enactment of this Act.

Subtitle C--Other Matters

SEC. 121. AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS PHARMACIES TO DISPENSE MEDICATIONS TO VETERANS ON PRESCRIPTIONS WRITTEN BY PRIVATE PRACTITIONERS.

(a) FINDINGS- Congress makes the following findings:

(1) Under longstanding regulations of the Department of Veterans Affairs, most veterans who receive prescriptions for medication from private doctors are forced to complete physicals conducted by Department of Veterans Affairs physicians before the veterans can have their prescriptions filled by a pharmacy. This bureaucratic red tape can prevent veterans from quickly receiving the medical treatment they need.

(2) In December 2000, the Inspector General of the Department of Veterans Affairs reported that eliminating this unnecessary red tape would save the underfunded Department of Veterans Affairs over $1,000,000,000 per year. The report concluded that `a decision to continue the current policies results in inefficiency and waste that we estimate annually costs the Department over $1,000,000,000 in resources that could be better used in the delivery of healthcare services to veterans.'.

(3) In 2004, the Department of Justice, in a reversal of an earlier legal opinion, stating that the Secretary of Veterans Affairs has the authority to eliminate this rule without further legislative action. The Secretary has failed to take such a step, thus necessitating action by Congress.

(b) AUTHORITY- Section 1712 of title 38, United States Code, is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

`(e)(1) The Secretary shall furnish to any medicare-eligible veteran on an out-patient basis such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran.

`(2) In this subsection, the term `medicare-eligible veteran' means any veteran who--

`(A) is entitled to or enrolled in hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or

`(B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.).

`(3) The furnishing of drugs and medicines under this subsection shall be subject to the provisions of section 1722A(b) of this title.'.

(c) COPAYMENT REQUIREMENTS-

(1) IN GENERAL- Section 1722A of such title is amended--

(A) in subsection (a)(1), by inserting `(other than a veteran covered by subsection (b))' after `require a veteran';

(B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

(C) by inserting after subsection (a) the following new subsection (b):

`(b)(1) In the case of a veteran who is furnished medications on an out-patient basis under section 1712(e) of this title, the Secretary shall require the veteran to pay, at the election of the Secretary, one or more of the following:

`(A) An annual enrollment fee in an amount determined appropriate by the Secretary.

`(B) A copayment for each 30-day supply of such medications in an amount determined appropriate by the Secretary.

`(C) An amount equal to the cost to the Secretary of such medications, as determined by the Secretary.

`(2)(A) In determining the amounts to be paid by a veteran under paragraph (1), and the basis of payment under one or more subparagraphs of that paragraph, the Secretary shall ensure that the total amount paid by veterans for medications under that paragraph in a year is not less than the costs of the Department in furnishing medications to veterans under section 1712(e) of this title during that year, including the cost of purchasing and furnishing medications, and other costs of administering that section.

`(B) The Secretary shall take appropriate actions to ensure, to the maximum extent practicable, that amounts paid by veterans under paragraph (1) in a year are equal to the costs of the Department referred to in subparagraph (A) in that year.

`(3) In determining amounts under paragraph (1), the Secretary may take into account the following:

`(A) Whether or not the medications furnished are generic medications or brand name medications.

`(B) Whether or not the medications are furnished by mail.

`(C) Whether or not the medications furnished are listed on the National Prescription Drug Formulary of the Department.

`(D) Any other matters the Secretary considers appropriate.

`(4) The Secretary may from time to time adjust any amount determined by the Secretary under paragraph (1), as previously adjusted under this paragraph, in order to meet the purpose specified in paragraph (2).'; and

(D) in subsection (d), as so redesignated--

(i) by striking `subsection (a)' and inserting `subsections (a) and (b)'; and

(ii) by striking `subsection (b)' and inserting `subsection (c)'.

(2) DEPOSIT OF COLLECTIONS IN MEDICAL CARE COLLECTIONS FUND- Paragraph (4) of section 1729A(b) of such title is amended to read as follows:

`(4) Subsection (a) or (b) of section 1722A of this title.'.

(d) CLERICAL AMENDMENTS- (1) The heading for section 1712 of such title is amended by striking `for certain disabled veterans'.

(2) The table of sections at the beginning of chapter 17 of such title is amended in the item relating to section 1712 by striking `for certain disabled veterans'.

TITLE II--CONCURRENT RECEIPT OF RETIRED PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION

SEC. 201. SHORT TITLE.

This title may be cited as the `Retired Pay Restoration Act of 2005'.

SEC. 202. FINDINGS.

Congress makes the following findings:

(1) The United States Government has an essential obligation to provide support and care for men and women who have completed honorable military service in defense of the Nation. In no instance is this obligation more critical than for veterans who were injured or disabled during their military service.

(2) Disability compensation and military retired pay are benefits earned for two distinct reasons. Disability compensation is provided to veterans for disabilities resulting from their military service to the Nation as an expression of the Nation's gratitude and as recompense for their sacrifice. Military retired pay is earned by members of the Armed Forces for the devotion of 20 or more years of their lives to the military service of the Nation.

(3) Until 2002, Federal law prohibited disabled veterans from concurrently receiving both disability compensation and retirement pay. The prohibition against concurrent receipt was a gross violation of the Government's commitment to veterans.

(4) Despite recent legislative advances, over 1,500,000 disabled veterans continue to be prohibited from receiving both military retirement and disability payments concurrently.

SEC. 203. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO DISABLED MILITARY RETIREES.

(a) RESTORATION OF FULL RETIRED PAY BENEFITS- Section 1414 of title 10, United States Code, is amended to read as follows:

`Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: payment of retired pay and veterans' disability compensation

`(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION- Except as provided in subsection (b), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (c)) and who is also entitled to veterans' disability compensation is entitled to be paid both without regard to sections 5304 and 5305 of title 38.

`(b) Special Rule for Chapter 61 Career Retirees- The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title at the time of the member's retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title.

`(c) EXCEPTION- Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title at the time of the member's retirement.

`(d) DEFINITIONS- In this section:

`(1) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension.

`(2) The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(13) of title 38.'.

(b) REPEAL OF COMBAT-RELATED SPECIAL COMPENSATION PROGRAM- Section 1413a of such title is repealed.

(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 71 of such title is amended by striking the items relating to sections 1413a and 1414 and inserting the following:

`1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: payment of retired pay and veterans' disability compensation.'.

SEC. 204. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE BENEFITS.

(a) IN GENERAL- The amendments made by section 202 shall take effect on--

(1) the first day of the first month that begins after the date of the enactment of this Act; or

(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted, if later than the date specified in paragraph (1).

(b) RETROACTIVE BENEFITS- No benefits may be paid to any person by reason of section 1414 of title 10, United States Code, as amended by section 202(a), for any period before the effective date applicable under subsection (a).

TITLE III--SEAMLESS TRANSITION FROM MILITARY SERVICE TO VETERANS STATUS

SEC. 301. FINDINGS.

Congress makes the following findings:

(1) In its final report, the President's Task Force To Improve Health Care Delivery For Our Nation's Veterans found that `. . . increased collaboration between the Departments [of Defense and Veterans Affairs] for the transfer of personnel and health information is needed. Within VA, broader sharing of the information received from the DOD

and individual veterans is required so that veterans are not met at every turn with the question, `Who are you and what do you want?' A `seamless transition' from military service to veteran status is especially critical in the context of health care, where readily available, accurate, and current medical information must be accessible to health care providers'.

(2) The Task Force put forward a series of seven recommendations designed to create a seamless transition from military service to veteran status. Nearly two years after the submittal of its final report, few of the recommendations have been adopted.

(3) Leading nonpartisan veterans' advocates, including the American Legion, Veterans of Foreign Wars, Disabled American Veterans, and the Military Officers Association of America, support the adoption of the recommendations made by the Task Force to create a seamless transition from military service to veteran status.

SEC. 302. REPORT ON DEVELOPMENT OF INTEROPERABLE ELECTRONIC MEDICAL RECORDS.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the status of the development of interoperable electronic medical records for members of the Armed Forces and veterans that are utilizable by both the Department of Defense and the Department of Veterans Affairs.

SEC. 303. EXCHANGE OF MEDICAL RECORDS FOR SEAMLESS TRANSITION IN THE PROVISION OF HEALTHCARE SERVICES.

The Secretary of Health and Human Services shall modify section 164.512(k)(1) of title 45, Code of Federal Regulations, to provide that the Department of Defense and the Department of Veterans Affairs may exchange protected health information of members of the Armed Forces and veterans in a manner that, as determined jointly by the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, facilitates a seamless transition between the provision of health care services by the Department of Defense to members of the Armed Forces and the provision of health care services by the Department of Veterans Affairs to veterans who require such services after their separation or retirement from the Armed Forces.

SEC. 304. ENHANCEMENT OF PRESEPARATION PHYSICAL EXAMINATION REQUIREMENTS.

Section 1145 of title 10, United States Code, is amended--

(1) in subsection (a), by striking paragraph (4);

(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(3) by inserting after subsection (c) the following new subsection (d):

`(d) PRESEPARATION PHYSICAL- (1) The Secretary concerned shall require a member of the Armed Forces to be separated from active duty to undergo a physical examination before that separation.

`(2) The physical examination of a member under this subsection shall be conducted before the member receives preseparation counseling under section 1142 of this title.

`(3)(A) The physical examinations conducted under this subsection shall be comprehensive and, to the maximum extent practicable, uniform throughout the armed forces.

`(B) The purpose of a physical examination conducted for a member under this subsection shall be--

`(i) to determine the immediate health care needs, if any, of the member as of separation and the ongoing health care needs, if any, of the member after separation; and

`(ii) to identify any illness, injury, or other medical conditions that may make the member eligible for benefits as a veteran under the laws administered by the Secretary of Veterans Affairs.

`(C) The Secretary of Defense shall prescribe in regulations the requirements for physical examinations conducted under this subsection.

`(4) The results of the physical examination of a member under this subsection shall be included on the Form DD214 of the member (or any successor form).

`(5) The Secretary concerned shall transmit in electronic form to the Secretary of Veterans Affairs the results of each physical examination conducted by such Secretary under this subsection.'.

SEC. 305. ENHANCEMENT OF PRESEPARATION COUNSELING REQUIREMENTS.

Section 1142(b) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and

(2) by striking paragraph (2) and inserting the following new paragraphs:

`(2) A description (to be developed with the assistance of the Secretary of Veterans Affairs) of the health care and other benefits to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs, including compensation and vocational rehabilitation benefits in the case of a member being medically separated or being retired under chapter 61 of this title, which shall be taken into account the preseparation physical examination of the member conducted under section 1145(d) of this title.

`(3) In the case of a member who, as determined pursuant to the preseparation physical examination conducted under section 145(d) of this title, may be entitled to compensation or pensions benefits under the laws administered by the Secretary of Veterans Affairs, a referral (to be provided with the assistance of the Secretary of Veterans Affairs) for a compensation and pension examination by the Secretary of Veterans Affairs.'.

SEC. 306. EPIDEMIOLOGICAL STUDIES.

(a) IN GENERAL- The Secretary of Defense and the Secretary of Veterans Affairs may, during the five-year period beginning on October 1, 2005, jointly carry out such epidemiological studies relating to veterans' health

conditions that develop as a result of occupational exposure during military service as such Secretaries consider appropriate.

(b) FUNDING-

(1) DEPARTMENT OF DEFENSE- Of the amount authorized to be appropriated for fiscal year 2006 for the Department of Defense for the Defense Health Program, $2,500,000 shall be available for the epidemiological studies authorized by subsection (a).

(2) DEPARTMENT OF VETERANS AFFAIRS- Of the amount appropriated for fiscal year 2006 for the Department of Veterans Affairs for Medical Care, $2,500,000 shall be available for the epidemiological studies authorized by subsection (a).

(3) AVAILABILITY- Amounts available under this subsection shall be available without fiscal year limitation.

SEC. 307. INFORMATION SHARING.

(a) IN GENERAL- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop protocols to facilitate the sharing of information between the Department of Defense and the Department of Veterans Affairs on the matters referred to in subsection (c) with respect to each member of the Armed Forces.

(b) PURPOSE- The purpose of the protocols is to facilitate determinations by the Department of Veterans Affairs of the existence and extent of a connection any illness or injury experienced by a former member of the Armed Forces after separation from the Armed Forces and the exposure of the member to toxic or hazardous substances in the course of the member's duties or assignments as a member of the Armed Forces.

(c) COVERED MATTERS- The matters referred to in this subsection with respect to a member of the Armed Forces are as follows:

(1) The duties and assignments of the member, including the location of such duties and assignments.

(2) Any exposures of the member in the course of such duties and assignments to toxic or hazardous substances.

(3) Any illness or injury of the member incurred or aggravated in the course of such duties and assignments.

(d) ELEMENTS OF PROTOCOLS- The protocols on the sharing of information developed under subsection (a) shall include the following:

(1) Mechanisms to ensure that the Department of Veterans Affairs receives information to facilitate the timely and accurate assessment of the illnesses or injuries of a member of the Armed Forces that may have been incurred or aggravated by the members's exposure to toxic or hazardous substances during service in the Armed Forces.

(2) Mechanisms that provide, to the maximum extent practicable consistent with the national security interests of the United States, for the declassification of information necessary to achieve the purpose of the protocols.

(3) Procedures to ensure that information is shared under the protocols as a matter of routine operations of the Department of Defense and the Department of Veterans Affairs.

(e) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the protocols developed under subsection (a). The report shall include such recommendations for legislative or administrative action as the Secretaries consider appropriate.

(f) FUNDING-

(1) DEPARTMENT OF DEFENSE- Amounts authorized to be appropriated for fiscal year 2006 for the Department of Defense for operation and maintenance, defense-wide, shall be available for the development of protocols under subsection (a).

(2) DEPARTMENT OF VETERANS AFFAIRS- Amounts authorized to be appropriated for fiscal year 2006 for the Department of Veterans Affairs shall be available for the development of protocols under subsection (a).

SEC. 308. COORDINATION OF LONG-TERM RESEARCH ON HEALTH CARE.

(a) DEPARTMENT OF VETERANS AFFAIRS REPRESENTATIVE ON ARMED FORCE EPIDEMIOLOGICAL BOARD-

(1) IN GENERAL- The Secretary of Defense shall appoint to the Armed Forces Epidemiological Board, as an ex officio member, an officer of the Department of Veterans Affairs designated by the Secretary of Veterans Affairs for the purpose of this subsection.

(2) PURPOSE- The purpose of the appointment under this subsection is to ensure that the Armed Forces Epidemiological Board considers and takes into account the views and recommendations of the Department of Veterans Affairs in providing advice to the Assistant Secretary of Defense for Health Affairs and the surgeons general of the Armed Forces.

(b) DEPARTMENT OF VETERANS AFFAIRS REPRESENTATIVE ON DEPARTMENT OF DEFENSE SAFETY AND OCCUPATIONAL HEALTH COMMITTEE-

(1) IN GENERAL- The Secretary of Defense shall appoint to the Department of Defense Safety and Occupational Health Committee, as an ex officio member, an officer of the Department of Veterans Affairs designated by the Secretary of Veterans Affairs for the purpose of this subsection.

(2) PURPOSE- The purpose of the appointment under paragraph (1) is to ensure that the Department of Defense and the Department of Veterans Affairs establish and maintain effective collaboration on matters relating to occupational safety and health of current and former members of the Armed Forces.

(c) ANNUAL REPORT ON FORCE HEALTH PROTECTION- Not later than March 1 each year, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress each year a report on the efforts of the Department of Defense and Department of Veterans Affairs, respectively, during the preceding calendar year, to accomplish the following:

(1) The identification of illnesses and injuries incurred or aggravated by members of the Armed Forces during service in the Armed Forces through exposure to occupational hazards and other toxic and hazardous substances.

(2) The treatment of members of the Armed Forces and veterans for illnesses and injuries described in paragraph (1).

(3) The conduct of epidemiological studies on the health consequences of the exposure of members of the Armed Forces to occupational hazards and other toxic and hazardous substances during service in the Armed Forces.

(4) The development of guidance and other information on policies and practices intended to prevent, reduce, or mitigate the exposure of members of the Armed Forces to occupational hazards and other toxic and hazardous substances during service in the Armed Forces.

TITLE IV--INCREASED GOVERNMENT COMMITMENT TO VETERANS' EDUCATION

SEC. 401. SHORT TITLE.

This title may be cited as the `Increased Government Commitment to Veterans' Education Act'.

SEC. 402. FINDINGS.

Congress makes the following findings:

(1) 2004 marked the 60th anniversary of the Servicemen's Readjustment Act of 1944, better known as the G.I. Bill. Out of an eligible population of 15,500,000 veterans, nearly 8,000,000 received education or training as a result of this legislation, one of the most successful Federal Government programs in United States history.

(2) Since Congress first enacted the G.I. Bill, veterans' benefits have been updated to keep pace with changing times. Over 21,000,000 veterans have now received educational assistance through the G.I. Bill and its successors.

(3) Congress has a duty to ensure that the VA can continue to offer an education assistance program that robustly supports veterans' efforts to obtain higher education and make a successful transition from military to civilian life.

SEC. 403. EXCLUSION OF BASIC PAY CONTRIBUTIONS FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE IN CERTAIN COMPUTATIONS ON STUDENT FINANCIAL AID.

(a) EXCLUSION- Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 3020A. Exclusion of basic pay contributions in certain computations on student financial aid

`(a) IN GENERAL- The expected family contribution computed under section 475, 476, or 477 of the Higher Education Act of 1965 (20 U.S.C. 1087oo, 1087pp, 1087qq) for a covered student shall be decreased by $1,200 for the applicable year.

`(b) DEFINITIONS- In this section:

`(1) The term `academic year' has the meaning given the term in section 481(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)(2)).

`(2) The term `applicable year' means the first academic year for which a student uses entitlement to basic educational assistance under this chapter.

`(3) The term `covered student' means any individual entitled to basic educational assistance under this chapter whose basic pay or voluntary separation incentives was or were subject to reduction under section 3011(b), 3012(c), 3018(c), 3018A(b), or 3018B(b) of this title.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3020 the following new item:

`3020A. Exclusion of basic pay contributions in certain computations on student financial aid.'.

SEC. 404. OPPORTUNITY FOR ENROLLMENT IN BASIC EDUCATIONAL ASSISTANCE PROGRAM OF CERTAIN INDIVIDUALS WHO PARTICIPATED OR WERE ELIGIBLE TO PARTICIPATE IN POST-VIETNAM ERA VETERANS EDUCATIONAL ASSISTANCE PROGRAM.

(a) OPPORTUNITY FOR ENROLLMENT- Section 3018C(e) of title 38, United States Code, is amended--

(1) in paragraph (1), by inserting `or (3)' after `paragraph (2)';

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;

(3) by inserting after paragraph (2) the following new paragraph (3):

`(3) A qualified individual referred to in paragraph (1) is also an individual who meets each of the following requirements:

`(A) The individual is a participant in the educational benefits program under chapter 32 of this title as of the date of the enactment of the Montgomery GI Bill for the 21st Century Act, or was eligible to participate in such program, but had not participated in that program or any other educational benefits program under this title, as of that date.

`(B) The individual meets the requirements of subsection (a)(3).

`(C) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge.';

(4) in paragraph (5), as so redesignated, by striking `paragraph (3)(A)(ii)' and inserting `paragraph (4)(A)(ii)'; and

(5) in paragraph (6), as so redesignated, by inserting `, or individuals eligible to participate in that program who have not participated in that program or any other educational benefits program under this title,' after `chapter 32 of this title'.

(b) CONFORMING AND CLERICAL AMENDMENTS- (1) The heading of such section is amended to read as follows:

`Sec. 3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP'.

(2) The table of sections at the beginning of chapter 30 of such title is amended by striking the item relating to section 3018C and inserting the following new item:

`3018C. Opportunity to enroll: certain VEAP participants; certain individuals eligible for participation in VEAP.'.

SEC. 405. COMMENCEMENT OF 10-YEAR DELIMITING PERIOD FOR VETERANS AND DEPENDENTS WHO ENROLL IN TRAINING PROGRAM.

(a) VETERANS- Section 3031 of title 38, United States Code, is amended--

(1) in subsection (a), by striking `through (g), and subject to subsection (h)' and inserting `through (h), and subject to subsection (i)';

(2) by redesignating subsection (h) as subsection (i); and

(3) by inserting after subsection (g) the following new subsection (h):

`(h) In the case of an individual eligible for educational assistance under this chapter who, during the 10-year period described in subsection (a) of this section, enrolls in a program of training under this chapter, the period during which the individual may use the individual's entitlement to educational assistance under this chapter expires on the last day of the 10-year period beginning on the first day of the individual's pursuit of such program of training.'.

(b) ELIGIBLE CHILDREN- Subsection (a) of section 3512 of such title is amended--

(1) in paragraph (6)(B), by striking `and' at the end;

(2) in paragraph (7), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(8) if the person enrolls in a program of special restorative training under subchapter V of this chapter, such period shall begin on the first day of the person's pursuit of such program of special restorative training.'.

END