[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 13 Introduced in Senate (IS)]






109th CONGRESS
  1st Session
                                 S. 13

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            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 
        AffairsYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
 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.''.
                                 <all>