[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 646

To amend title 10, United States Code, to provide an individual with a 
  mental health screening before the individual enlists in the Armed 
 Forces or is commissioned as an officer in the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2015

  Mr. Portman (for himself and Mr. Heinrich) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide an individual with a 
  mental health screening before the individual enlists in the Armed 
 Forces or is commissioned as an officer in the Armed Forces, 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 ``Medical Evaluation Parity for 
Servicemembers Act of 2015''.

SEC. 2. PRELIMINARY MENTAL HEALTH SCREENINGS FOR INDIVIDUALS BECOMING 
              MEMBERS OF THE ARMED FORCES.

    (a) In General.--Chapter 31 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 520d. Preliminary mental health screenings
    ``(a) Provision of Mental Health Screening.--Before any individual 
enlists in an armed force or is commissioned as an officer in an armed 
force, the Secretary concerned shall provide the individual with a 
mental health screening.
    ``(b) Use of Screening.--(1) The Secretary shall use the results of 
a mental screening conducted under subsection (a) as a baseline for any 
subsequent mental health examinations of the individual, including such 
examinations provided under sections 1074f and 1074m of this title.
    ``(2) The Secretary may not consider the results of a mental health 
screening conducted under subsection (a) in determining the promotion 
of a member of the armed forces.
    ``(c) Application of Privacy Laws.--With respect to applicable laws 
and regulations relating to the privacy of information, the Secretary 
shall treat a mental health screening conducted under subsection (a) in 
the same manner as the medical records of a member of the armed 
forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
520c the following new item:

``520d. Preliminary mental health screenings.''.
    (c) Reports.--
            (1) Initial report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the National 
                Institute of Mental Health of the National Institutes 
                of Health shall submit to Congress and the Secretary of 
                Defense a report on preliminary mental health 
                screenings of members of the Armed Forces.
                    (B) Matters included.--The report under 
                subparagraph (A) shall include the following:
                            (i) Recommendations with respect to 
                        establishing a preliminary mental health 
                        screening of members of the Armed Forces to 
                        bring mental health screenings to parity with 
                        physical screenings of members.
                            (ii) Recommendations with respect to the 
                        composition of the mental health screening, 
                        evidenced-based best practices, and how to 
                        track changes in mental health screenings 
                        relating to traumatic brain injuries, post-
                        traumatic stress disorder, and other 
                        conditions.
                    (C) Coordination.--The National Institute of Mental 
                Health shall carry out subparagraph (A) in coordination 
                with the Secretary of Veterans Affairs, the Secretary 
                of Health and Human Services, the surgeons general of 
                the military departments, and other relevant experts.
            (2) Reports on efficacy of screenings.--
                    (A) Secretary of defense.--Not later than one year 
                after the date on which the Secretary of Defense begins 
                providing preliminary mental health screenings under 
                section 520d(a) of title 10, United States Code, as 
                added by subsection (a), the Secretary shall submit to 
                Congress a report on the efficacy of such preliminary 
                mental health screenings.
                    (B) Comptroller general.--Not later than one year 
                after the submittal of the report under subparagraph 
                (A), the Comptroller General of the United States shall 
                submit to Congress a report on the efficacy of the 
                preliminary mental health screenings described in such 
                subparagraph.
                    (C) Matters included.--The reports required by 
                subparagraphs (A) and (B) shall include the following:
                            (i) An evaluation of the evidence-based 
                        best practices used by the Secretary in 
                        composing and conducting preliminary mental 
                        health screenings of members of the Armed 
                        Forces under such section 520d(a).
                            (ii) An evaluation of the evidence-based 
                        best practices used by the Secretary in 
                        tracking changes in mental health screenings 
                        relating to traumatic brain injuries, post-
                        traumatic stress disorder, and other conditions 
                        among members of the Armed Forces.
    (d) Implementation of Preliminary Mental Health Screening.--The 
Secretary of Defense may not provide a preliminary mental health 
screening under section 520d(a) of title 10, United States Code, as 
added by subsection (a), until the Secretary receives and evaluates the 
initial report required by subsection (c)(1).

SEC. 3. REPORT ON EFFICACY OF PHYSICAL EXAMINATIONS FOR CERTAIN MEMBERS 
              OF THE ARMED FORCES UPON SEPARATION FROM ACTIVE DUTY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the efficacy of the mental health components of 
the physical examinations provided under paragraph (5) of section 
1145(a) of title 10, United States Code, to members of the Armed Forces 
who are separated from active duty as described in paragraph (2) of 
such section.
    (b) Evaluation of Effectiveness.--The report required by subsection 
(a) shall include an evaluation of the effectiveness of the physical 
examinations described in such subsection in--
            (1) identifying members of the Armed Forces with traumatic 
        brain injury, post-traumatic stress disorder, and other mental 
        health conditions; and
            (2) ensuring that health care is provided for such members.
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