II 

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 Affairs 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fulfilling Our Duty 

5 to America’s Veterans Act of 2005’’. 
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1 TITLE I—HEALTH CARE 

2 MATTERS 

3 SEC. 100. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The three largest veterans advocacy groups, 

6 the Disabled American Veterans, the American Le7 gion, and the Veterans of Foreign Wars, have called 

8 upon Congress to change veterans funding to a man9 datory process, stating, ‘‘We believe it is time to 

10 guarantee health care funding for all veterans. We 

11 believe health care rationing must end. We believe it 

12 is time the promise is kept.’’. 

13 (2) The May 2003 report of The President’s 

14 Task Force To Improve Health Care Delivery for 

15 Our Nation’s Veterans found that ‘‘there is a signifi16 cant mismatch in VA between demand and available 

17 funding—an imbalance that . . . if unresolved, will 

18 delay veterans’ access to care and could threaten the 

19 quality of VA health care.’’. 

20 (3) Under the current funding process, the VA 

21 has experienced billion-dollar shortfalls every year 

22 for the past several years, resulting in waiting lists 

23 several months long for appointments with physi24 cians, a substantial disability claims backlog, and 
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1 policies designed to prevent veterans from obtaining 

2 the health care they were promised. 

3 Subtitle A—Funding Matters 

4 SEC. 101. FUNDING TO ADDRESS CHANGES IN POPULATION 

5 AND INFLATION. 

6 (a) IN GENERAL.—Chapter 17 of title 38, United 

7 States Code, is amended by inserting after section 1706 

8 the following new section: 

9 ‘‘§ 1706A. Management of health care: funding to ad10 dress changes in population and inflation 

11 ‘‘(a) By the enactment of this section, Congress and 

12 the President intend to ensure access to health care for 

13 all veterans. Upon the enactment of this section, funding 

14 for the programs, functions, and activities of the Veterans 

15 Health Administration specified in subsection (d) to ac16 complish this objective shall be provided through a com17 bination of discretionary and mandatory funds. The dis18 cretionary amount should be equal to the fiscal year 2005 

19 discretionary funding for such programs, functions, and 

20 activities, and should remain unchanged each fiscal year 

21 thereafter. The annual level of mandatory amount shall 

22 be adjusted according to the formula specified in sub23 section (c). While this section does not purport to control 

24 the outcome of the annual appropriations process, it an25 ticipates cooperation from Congress and the President in 
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1 sustaining discretionary funding for such programs, func2 tions, and activities in future fiscal years at the level of 

3 discretionary funding for such programs, functions, and 

4 activities for fiscal year 2005. The success of that arrange5 ment, as well as of the funding formula, are to be reviewed 

6 after two years. 

7 ‘‘(b) On the first day of each fiscal year, the Sec8 retary of the Treasury shall make available to the Sec9 retary of Veterans Affairs the amount determined under 

10 subsection (c) with respect to that fiscal year. Each such 

11 amount is available, without fiscal year limitation, for the 

12 programs, functions, and activities of the Veterans Health 

13 Administration specified in subsection (d). There is hereby 

14 appropriated, out of any sums in the Treasury not other15 wise appropriated, amounts necessary to implement this 

16 section. 

17 ‘‘(c)(1) The amount applicable to fiscal year 2006 

18 under this subsection is the amount equal to—

19 ‘‘(A) 130 percent of the amount obligated by 

20 the Department during fiscal year 2004 for the pur21 poses specified in subsection (d); minus 

22 ‘‘(B) the amount appropriated for those pur23 poses for fiscal year 2005. 

24 ‘‘(2) The amount applicable to any fiscal year after 

25 fiscal year 2006 under this subsection is the amount equal 
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1 to the product of the following, minus the amount appro2 priated for the purposes specified for subsection (d) for 

3 fiscal year 2005: 

4 ‘‘(A) The sum of—

5 ‘‘(i) the number of veterans enrolled in the 

6 Department health care system under section 

7 1705 of this title as of July 1 preceding the be8 ginning of such fiscal year; and 

9 ‘‘(ii) the number of persons eligible for 

10 health care under chapter 17 of this title who 

11 are not covered by clause (i) and who were pro12 vided hospital care or medical services under 

13 such chapter at any time during the fiscal year 

14 preceding such fiscal year. 

15 ‘‘(B) The per capita baseline amount, as in16 creased from time to time pursuant to paragraph 

17 (3)(B). 

18 ‘‘(3)(A) For purposes of paragraph (2)(B), the term 

19 ‘per capita baseline amount’ means the amount equal to—

20 ‘‘(i) the amount obligated by the Department 

21 during fiscal year 2005 for the purposes specified in 

22 subsection (d); divided by 

23 ‘‘(ii) the number of veterans enrolled in the De24 partment health care system under section 1705 of 

25 this title as of September 30, 2004.
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1 ‘‘(B) With respect to any fiscal year, the Secretary 

2 shall provide a percentage increase (rounded to the near3 est dollar) in the per capita baseline amount equal to the 

4 percentage by which—

5 ‘‘(i) the Consumer Price Index (all Urban Con6 sumers, United States City Average, Hospital and 

7 related services, Seasonally Adjusted), published by 

8 the Bureau of Labor Statistics of the Department of 

9 Labor for the 12-month period ending on the June 

10 30 preceding the beginning of the fiscal year for 

11 which the increase is made; exceeds 

12 ‘‘(ii) such Consumer Price Index for the 12-

13 month period preceding the 12-month period de14 scribed in clause (i). 

15 ‘‘(d)(1) Except as provided in paragraph (2), the pur16 poses for which amounts are made available pursuant to 

17 subsection (b) shall be all programs, functions, and activi18 ties of the Veterans Health Administration. 

19 ‘‘(2) Amounts made available pursuant to subsection 

20 (b) are not available for—

21 ‘‘(A) construction, acquisition, or alteration of 

22 medical facilities as provided in subchapter I of 

23 chapter 81 of this title (other than for such repairs 

24 as were provided for before the date of the enact-
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1 ment of this section through the Medical Care ap2 propriation for the Department); or 

3 ‘‘(B) grants under subchapter III of chapter 81 

4 of this title. 

5 ‘‘(e) Nothing in this section shall be construed to pre6 vent or limit the authority of Congress to reauthorize pro7 visions relating to veterans health care.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item:

‘‘1706A. Management of health care: funding to address changes in population 

and inflation.’’.

11 SEC. 102. COMPTROLLER GENERAL REPORT. 

12 (a) REQUIREMENT FOR REPORT.—Not later than 

13 January 31, 2008, the Comptroller General of the United 

14 States shall submit to Congress a report on the extent to 

15 which section 1706A of title 38, United States Code (as 

16 added by section 101 of this Act), has achieved the objec17 tive set forth in subsection (a) of such section 1706A dur18 ing fiscal years 2006 and 2007. 

19 (b) CONTENT.—The report under subsection (a) shall 

20 set forth the following: 

21 (1) The amount appropriated for fiscal year 

22 2005 for the programs, functions, and activities of 

23 the Veterans Health Administration specified in sub-
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1 section (d) of section 1706A of title 38, United 

2 States Code (as so added). 

3 (2) The amount appropriated by annual appro4 priations Acts for each of fiscal years 2006 and 

5 2007 for such programs, functions, and activities. 

6 (3) The amount provided by section 1706A of 

7 title 38, United States Code (as so added), for each 

8 of fiscal years 2006 and 2007 for such programs, 

9 functions, and activities. 

10 (4) An assessment whether the amount de11 scribed in paragraph (3) for each of fiscal years 

12 2006 and 2007 was appropriate to address the 

13 changes in costs to the Veterans Health Administra14 tion for such programs, functions, and activities that 

15 were attributable to changes in population and in in16 flation over the course of such fiscal years. 

17 (5) An assessment whether the amount pro18 vided by section 1706A of title 38, United States 

19 Code (as so added), in each of fiscal years 2006 and 

20 2007, when combined with amounts appropriated by 

21 annual appropriations Acts for each of such fiscal 

22 years for such programs, functions, and activities, 

23 provided adequate funding of such programs, func24 tions, and activities in each such fiscal year. 
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1 (6) Such recommendations as the Comptroller 

2 General considers appropriate regarding modifica3 tions of the formula under subsection (c) of section 

4 1706A of title 38, United States Code (as so added), 

5 or any other modifications of law, to better ensure 

6 adequate funding of such programs, functions, and 

7 activities. 

8 SEC. 103. CONGRESSIONAL CONSIDERATION OF COMP9 TROLLER GENERAL RECOMMENDATIONS. 

10 (a) APPLICABLE PROCEDURE.—The procedure pro11 vided under this section shall apply to consideration of a 

12 joint resolution described in subsection (b) in the Senate 

13 and the House of Representatives. 

14 (b) JOINT RESOLUTION DEFINED.—For purposes of 

15 this section, the term ‘‘joint resolution’’ means only a joint 

16 resolution that is introduced in the House of Representa17 tives by the Speaker of the House of Representatives (or 

18 the Speaker’s designee) or the Minority Leader (or the 

19 Minority Leader’s designee), or in the Senate by the Ma20 jority Leader (or the Majority Leader’s designee) or the 

21 Minority Leader (or the Minority Leader’s designee), 

22 within the 10-day period beginning on the date on which 

23 Congress receives the report of the Comptroller General 

24 of the United States under section 102, and—

25 (1) that does not have a preamble; 
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1 (2) the matter after the resolving clause of 

2 which consists of amendments of title 38, United 

3 States Code, or other amendments or modifications 

4 of laws administered by the Secretary of Veterans 

5 Affairs to implement the recommendations of the 

6 Comptroller General in the report under section 

7 102(b)(6); and 

8 (3) the title of which is as follows: ‘‘Joint reso9 lution to ensure adequate funding of health care for 

10 veterans.’’. 

11 (c) REFERRAL.—A joint resolution described in sub12 section (b) that is introduced in the House of Representa13 tives shall be referred to the Committee on Veterans’ Af14 fairs of the House of Representatives. A joint resolution 

15 described in subsection (b) introduced in the Senate shall 

16 be referred to the Committee on Veterans’ Affairs of the 

17 Senate. 

18 (d) DISCHARGE.—If the committee to which a joint 

19 resolution described in subsection (b) is referred has not 

20 reported such resolution (or an identical resolution) by the 

21 end of the 20-day period beginning on the date on which 

22 the Comptroller General submits to Congress the report 

23 under section 102, such committee shall be, at the end 

24 of such period, discharged from further consideration of
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1 such resolution, and such resolution shall be placed on the 

2 appropriate calendar of the House involved. 

3 (e) CONSIDERATION.—

4 (1) MOTION TO PROCEED TO CONSIDER5 ATION.—On or after the third day after the date on 

6 which the committee to which such a joint resolution 

7 is referred has reported, or has been discharged 

8 (under subsection (d)) from further consideration of, 

9 such a resolution, it is in order (even though a pre10 vious motion to the same effect has been disagreed 

11 to) for any Member of the respective House to move 

12 to proceed to the consideration of the resolution (but 

13 only on the day after the calendar day on which 

14 such Member announces to the House concerned the 

15 Member’s intention to do so). The motion is highly 

16 privileged in the House of Representatives and is 

17 privileged in the Senate and is not debatable. The 

18 motion is not subject to amendment, or to a motion 

19 to postpone, or to a motion to proceed to the consid20 eration of other business. A motion to reconsider the 

21 vote by which the motion is agreed to or disagreed 

22 to shall not be in order. If a motion to proceed to 

23 the consideration of the resolution is agreed to, the 

24 respective House shall immediately proceed to con25 sideration of the joint resolution without intervening 
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1 motion, order, or other business, and the resolution 

2 shall remain the unfinished business of the respec3 tive House until disposed of. 

4 (2) DEBATE.—Debate on the resolution, and on 

5 all debatable motions and appeals in connection 

6 therewith, shall be limited to not more than 2 hours, 

7 which shall be divided equally between those favoring 

8 and those opposing the resolution. An amendment to 

9 the resolution is not in order. A motion further to 

10 limit debate is in order and not debatable. A motion 

11 to postpone, or a motion to proceed to the consider12 ation of other business, or a motion to recommit the 

13 resolution is not in order. A motion to reconsider the 

14 vote by which the resolution is agreed to or dis15 agreed to is not in order. 

16 (3) VOTE ON FINAL PASSAGE.—Immediately 

17 following the conclusion of the debate on a joint res18 olution described in subsection (b) and a single 

19 quorum call at the conclusion of the debate if re20 quested in accordance with the rules of the appro21 priate House, the vote on final passage of the resolu22 tion shall occur. 

23 (4) APPEALS FROM DECISIONS OF THE

24 CHAIR.—Appeals from the decisions of the Chair re25 lating to the application of the rules of the Senate 
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1 or the House of Representatives, as the case may be, 

2 to the procedure relating to a joint resolution de3 scribed in subsection (b) shall be decided without de4 bate. 

5 (f) CONSIDERATION BY OTHER HOUSE.—

6 (1) PROCEDURE.—If, before the passage by one 

7 House of a joint resolution of that House described 

8 in subsection (b), that House receives from the other 

9 House a joint resolution described in subsection (b), 

10 then the following procedures shall apply: 

11 (A) The resolution of the other House shall 

12 not be referred to a committee and may not be 

13 considered in the House receiving it except in 

14 the case of final passage as provided in sub15 paragraph (B)(ii). 

16 (B) With respect to a joint resolution de17 scribed in subsection (b) of the House receiving 

18 the resolution—

19 (i) the procedure in that House shall 

20 be the same as if no resolution had been 

21 received from the other House; but 

22 (ii) the vote on final passage shall be 

23 on the resolution of the other House. 

24 (2) DISPOSITION.—Upon disposition of the res25 olution received from the other House, it shall no 
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1 longer be in order to consider the resolution that 

2 originated in the receiving House. 

3 (g) RULES OF SENATE AND HOUSE.—This section 

4 is enacted by Congress—

5 (1) as an exercise of the rulemaking power of 

6 the Senate and House of Representatives, respec7 tively, and as such it is deemed a part of the rules 

8 of each House, respectively, but applicable only with 

9 respect to the procedure to be followed in that 

10 House in the case of a joint resolution described in 

11 subsection (b), and it supersedes other rules only to 

12 the extent that it is inconsistent with such rules; and 

13 (2) with full recognition of the constitutional 

14 right of either House to change the rules (so far as 

15 relating to the procedure of that House) at any time, 

16 in the same manner, and to the same extent as in 

17 the case of any other rule of that House. 

18 Subtitle B—Mental Health Matters 

19 SEC. 111. FINDINGS. 

20 Congress makes the following findings: 

21 (1) A study published in the New England 

22 Journal of Medicine reported that about one in six 

23 soldiers of the Iraq war displays symptoms of post24 traumatic stress disorder. 
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1 (2) Clinical experts are anticipating an increase 

2 in the number of post-traumatic stress disorder 

3 cases in light of the increasing duration of military 

4 deployment. 

5 (3) 86 of 163 Department of Veterans Affairs 

6 Medical Centers have post-traumatic stress disorder 

7 treatment programs. 

8 (4) Section 1706 of title 38, United States 

9 Code, requires that the Secretary of Veterans Affairs 

10 ensure, in accordance with that section, that the De11 partment of Veterans Affairs maintains its capacity 

12 to provide for the specialized treatment and rehabili13 tative needs of disabled veterans within distinct pro14 grams or facilities of the Department. 

15 SEC. 112. POST-TRAUMATIC STRESS DISORDER TREAT16 MENT FOR VETERANS OF SERVICE IN AF17 GHANISTAN AND IRAQ AND THE WAR ON TER18 ROR. 

19 (a) ENHANCED CAPACITY FOR DEPARTMENT OF

20 VETERANS AFFAIRS.—Using funds available to the Sec21 retary of Veterans Affairs for fiscal year 2006 for ‘‘Med22 ical Care’’, the Secretary shall employ at least one psychia23 trist and a complementary clinical team at each medical 

24 center of the Department of Veterans Affairs in order to 

25 conduct a specialized program for the diagnosis and treat-
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1 ment of post-traumatic stress disorder and to employ addi2 tional mental health services specialists at the medical cen3 ter. 

4 (b) OUTREACH AT THE COMMUNITY LEVEL.—

5 (1) PROGRAM.—The Secretary of Veterans Af6 fairs shall, within the authorities of the Secretary 

7 under title 38, United States Code, carry out a pro8 gram to provide outreach at the community level to 

9 veterans who participated in Operation Iraqi Free10 dom or Operation Enduring Freedom who are or 

11 may be suffering from post-traumatic stress dis12 order. 

13 (2) PROGRAM SITES.—The program shall be 

14 carried out on a nation-wide basis through facilities 

15 of the Department of Veterans Affairs. 

16 (3) PROGRAM CONTENT.—The program shall 

17 provide for individualized case management to be 

18 conducted on a one-on-one basis, counseling, edu19 cation, and group therapy to help participants cope 

20 with post-traumatic stress disorder. The program—

21 (A) shall emphasize early identification of 

22 veterans who may be experiencing symptoms of 

23 post-traumatic stress disorder; and 

24 (B) shall include group-oriented, peer-to25 peer settings for treatment.
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1 SEC. 113. ARMED FORCES REVIEW OF MENTAL HEALTH 

2 PROGRAMS. 

3 (a) REVIEW OF MENTAL HEALTH PROGRAMS.—The 

4 Secretary of each military department shall conduct a 

5 comprehensive review of the mental health care programs 

6 of the Armed Forces under the jurisdiction of that Sec7 retary in order to determine ways to improve the efficacy 

8 of such care, including a review of joint Department of 

9 Defense and Department of Veterans Affairs clinical 

10 guidelines to ensure a seamless delivery of care during 

11 transitions from active duty or reserve status to civilian 

12 life. 

13 (b) REPORT TO CONGRESS.—The Secretary of De14 fense shall submit to Congress a report setting forth the 

15 results of such review not later than 90 days after the 

16 date of the enactment of this Act. 

17 Subtitle C—Other Matters 

18 SEC. 121. AUTHORITY OF DEPARTMENT OF VETERANS AF19 FAIRS PHARMACIES TO DISPENSE MEDICA20 TIONS TO VETERANS ON PRESCRIPTIONS 

21 WRITTEN BY PRIVATE PRACTITIONERS. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) Under longstanding regulations of the De25 partment of Veterans Affairs, most veterans who re26 ceive prescriptions for medication from private doc-
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1 tors are forced to complete physicals conducted by 

2 Department of Veterans Affairs physicians before 

3 the veterans can have their prescriptions filled by a 

4 pharmacy. This bureaucratic red tape can prevent 

5 veterans from quickly receiving the medical treat6 ment they need. 

7 (2) In December 2000, the Inspector General of 

8 the Department of Veterans Affairs reported that 

9 eliminating this unnecessary red tape would save the 

10 underfunded Department of Veterans Affairs over 

11 $1,000,000,000 per year. The report concluded that 

12 ‘‘a decision to continue the current policies results in 

13 inefficiency and waste that we estimate annually 

14 costs the Department over $1,000,000,000 in re15 sources that could be better used in the delivery of 

16 healthcare services to veterans.’’. 

17 (3) In 2004, the Department of Justice, in a 

18 reversal of an earlier legal opinion, stating that the 

19 Secretary of Veterans Affairs has the authority to 

20 eliminate this rule without further legislative action. 

21 The Secretary has failed to take such a step, thus 

22 necessitating action by Congress. 

23 (b) AUTHORITY.—Section 1712 of title 38, United 

24 States Code, is amended—
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1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e)(1) The Secretary shall furnish to any medicare6 eligible veteran on an out-patient basis such drugs and 

7 medicines as may be ordered on prescription of a duly li8 censed physician as specific therapy in the treatment of 

9 any illness or injury suffered by such veteran. 

10 ‘‘(2) In this subsection, the term ‘medicare-eligible 

11 veteran’ means any veteran who—

12 ‘‘(A) is entitled to or enrolled in hospital insur13 ance benefits under part A of title XVIII of the So14 cial Security Act (42 U.S.C. 1395 et seq.); or 

15 ‘‘(B) is enrolled in the supplementary medical 

16 insurance program under part B of such title (42 

17 U.S.C. 1395j et seq.). 

18 ‘‘(3) The furnishing of drugs and medicines under 

19 this subsection shall be subject to the provisions of section 

20 1722A(b) of this title.’’. 

21 (c) COPAYMENT REQUIREMENTS.—

22 (1) IN GENERAL.—Section 1722A of such title 

23 is amended—
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1 (A) in subsection (a)(1), by inserting 

2 ‘‘(other than a veteran covered by subsection 

3 (b))’’ after ‘‘require a veteran’’; 

4 (B) by redesignating subsections (b) and 

5 (c) as subsections (c) and (d), respectively; 

6 (C) by inserting after subsection (a) the 

7 following new subsection (b): 

8 ‘‘(b)(1) In the case of a veteran who is furnished 

9 medications on an out-patient basis under section 1712(e) 

10 of this title, the Secretary shall require the veteran to pay, 

11 at the election of the Secretary, one or more of the fol12 lowing: 

13 ‘‘(A) An annual enrollment fee in an amount 

14 determined appropriate by the Secretary. 

15 ‘‘(B) A copayment for each 30-day supply of 

16 such medications in an amount determined appro17 priate by the Secretary. 

18 ‘‘(C) An amount equal to the cost to the Sec19 retary of such medications, as determined by the 

20 Secretary. 

21 ‘‘(2)(A) In determining the amounts to be paid by 

22 a veteran under paragraph (1), and the basis of payment 

23 under one or more subparagraphs of that paragraph, the 

24 Secretary shall ensure that the total amount paid by vet25 erans for medications under that paragraph in a year is 
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1 not less than the costs of the Department in furnishing 

2 medications to veterans under section 1712(e) of this title 

3 during that year, including the cost of purchasing and fur4 nishing medications, and other costs of administering that 

5 section. 

6 ‘‘(B) The Secretary shall take appropriate actions to 

7 ensure, to the maximum extent practicable, that amounts 

8 paid by veterans under paragraph (1) in a year are equal 

9 to the costs of the Department referred to in subpara10 graph (A) in that year. 

11 ‘‘(3) In determining amounts under paragraph (1), 

12 the Secretary may take into account the following: 

13 ‘‘(A) Whether or not the medications furnished 

14 are generic medications or brand name medications. 

15 ‘‘(B) Whether or not the medications are fur16 nished by mail. 

17 ‘‘(C) Whether or not the medications furnished 

18 are listed on the National Prescription Drug For19 mulary of the Department. 

20 ‘‘(D) Any other matters the Secretary considers 

21 appropriate. 

22 ‘‘(4) The Secretary may from time to time adjust any 

23 amount determined by the Secretary under paragraph (1), 

24 as previously adjusted under this paragraph, in order to 

25 meet the purpose specified in paragraph (2).’’; and
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1 (D) in subsection (d), as so redesignated—

2 (i) by striking ‘‘subsection (a)’’ and 

3 inserting ‘‘subsections (a) and (b)’’; and 

4 (ii) by striking ‘‘subsection (b)’’ and 

5 inserting ‘‘subsection (c)’’. 

6 (2) DEPOSIT OF COLLECTIONS IN MEDICAL

7 CARE COLLECTIONS FUND.—Paragraph (4) of sec8 tion 1729A(b) of such title is amended to read as 

9 follows: 

10 ‘‘(4) Subsection (a) or (b) of section 1722A of 

11 this title.’’. 

12 (d) CLERICAL AMENDMENTS.—(1) The heading for 

13 section 1712 of such title is amended by striking ‘‘for 

14 certain disabled veterans’’. 

15 (2) The table of sections at the beginning of chapter 

16 17 of such title is amended in the item relating to section 

17 1712 by striking ‘‘for certain disabled veterans’’. 

18 TITLE II—CONCURRENT RE19 CEIPT OF RETIRED PAY AND 

20 SERVICE-CONNECTED DIS21 ABILITY COMPENSATION 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Retired Pay Restora24 tion Act of 2005’’. 
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1 SEC. 202. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The United States Government has an es4 sential obligation to provide support and care for 

5 men and women who have completed honorable mili6 tary service in defense of the Nation. In no instance 

7 is this obligation more critical than for veterans who 

8 were injured or disabled during their military serv9 ice. 

10 (2) Disability compensation and military retired 

11 pay are benefits earned for two distinct reasons. 

12 Disability compensation is provided to veterans for 

13 disabilities resulting from their military service to 

14 the Nation as an expression of the Nation’s grati15 tude and as recompense for their sacrifice. Military 

16 retired pay is earned by members of the Armed 

17 Forces for the devotion of 20 or more years of their 

18 lives to the military service of the Nation. 

19 (3) Until 2002, Federal law prohibited disabled 

20 veterans from concurrently receiving both disability 

21 compensation and retirement pay. The prohibition 

22 against concurrent receipt was a gross violation of 

23 the Government’s commitment to veterans. 

24 (4) Despite recent legislative advances, over 

25 1,500,000 disabled veterans continue to be prohib-
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1 ited from receiving both military retirement and dis2 ability payments concurrently. 

3 SEC. 203. FULL PAYMENT OF BOTH RETIRED PAY AND COM4 PENSATION TO DISABLED MILITARY RETIR5 EES. 

6 (a) RESTORATION OF FULL RETIRED PAY BENE7 FITS.—Section 1414 of title 10, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 1414. Members eligible for retired pay who are also 

10 eligible for veterans’ disability compensa11 tion: payment of retired pay and vet12 erans’ disability compensation 

13 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM14 PENSATION.—Except as provided in subsection (b), a 

15 member or former member of the uniformed services who 

16 is entitled to retired pay (other than as specified in sub17 section (c)) and who is also entitled to veterans’ disability 

18 compensation is entitled to be paid both without regard 

19 to sections 5304 and 5305 of title 38. 

20 ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RE21 TIREES.—The retired pay of a member retired under 

22 chapter 61 of this title with 20 years or more of service 

23 otherwise creditable under section 1405 of this title at the 

24 time of the member’s retirement is subject to reduction 

25 under sections 5304 and 5305 of title 38, but only to the 
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1 extent that the amount of the member’s retired pay under 

2 chapter 61 of this title exceeds the amount of retired pay 

3 to which the member would have been entitled under any 

4 other provision of law based upon the member’s service 

5 in the uniformed services if the member had not been re6 tired under chapter 61 of this title. 

7 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to 

8 a member retired under chapter 61 of this title with less 

9 than 20 years of service otherwise creditable under section 

10 1405 of this title at the time of the member’s retirement. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘retired pay’ includes retainer 

13 pay, emergency officers’ retirement pay, and naval 

14 pension. 

15 ‘‘(2) The term ‘veterans’ disability compensa16 tion’ has the meaning given the term ‘compensation’ 

17 in section 101(13) of title 38.’’. 

18 (b) REPEAL OF COMBAT-RELATED SPECIAL COM19 PENSATION PROGRAM.—Section 1413a of such title is re20 pealed. 

21 (c) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 71 of such title is amended 

23 by striking the items relating to sections 1413a and 1414 

24 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.’’.
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1 SEC. 204. EFFECTIVE DATE; PROHIBITION ON RETRO2 ACTIVE BENEFITS. 

3 (a) IN GENERAL.—The amendments made by section 

4 202 shall take effect on—

5 (1) the first day of the first month that begins 

6 after the date of the enactment of this Act; or 

7 (2) the first day of the fiscal year that begins 

8 in the calendar year in which this Act is enacted, if 

9 later than the date specified in paragraph (1). 

10 (b) RETROACTIVE BENEFITS.—No benefits may be 

11 paid to any person by reason of section 1414 of title 10, 

12 United States Code, as amended by section 202(a), for 

13 any period before the effective date applicable under sub14 section (a).

15 TITLE III—SEAMLESS TRANSI16 TION FROM MILITARY SERV17 ICE TO VETERANS STATUS 

18 SEC. 301. FINDINGS. 

19 Congress makes the following findings: 

20 (1) In its final report, the President’s Task 

21 Force To Improve Health Care Delivery For Our 

22 Nation’s Veterans found that ‘‘. . . increased col23 laboration between the Departments [of Defense and 

24 Veterans Affairs] for the transfer of personnel and 

25 health information is needed. Within VA, broader 

26 sharing of the information received from the DOD
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1 and individual veterans is required so that veterans 

2 are not met at every turn with the question, ‘Who 

3 are you and what do you want?’ A ‘seamless transi4 tion’ from military service to veteran status is espe5 cially critical in the context of health care, where 

6 readily available, accurate, and current medical in7 formation must be accessible to health care pro8 viders’’. 

9 (2) The Task Force put forward a series of 

10 seven recommendations designed to create a seam11 less transition from military service to veteran sta12 tus. Nearly two years after the submittal of its final 

13 report, few of the recommendations have been adopt14 ed. 

15 (3) Leading nonpartisan veterans’ advocates, 

16 including the American Legion, Veterans of Foreign 

17 Wars, Disabled American Veterans, and the Military 

18 Officers Association of America, support the adop19 tion of the recommendations made by the Task 

20 Force to create a seamless transition from military 

21 service to veteran status. 

22 SEC. 302. REPORT ON DEVELOPMENT OF INTEROPERABLE 

23 ELECTRONIC MEDICAL RECORDS. 

24 Not later than 60 days after the date of the enact25 ment of this Act, the Secretary of Defense and the Sec-
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1 retary of Veterans Affairs shall jointly submit to Congress 

2 a report on the status of the development of interoperable 

3 electronic medical records for members of the Armed 

4 Forces and veterans that are utilizable by both the De5 partment of Defense and the Department of Veterans Af6 fairs. 

7 SEC. 303. EXCHANGE OF MEDICAL RECORDS FOR SEAM8 LESS TRANSITION IN THE PROVISION OF 

9 HEALTHCARE SERVICES. 

10 The Secretary of Health and Human Services shall 

11 modify section 164.512(k)(1) of title 45, Code of Federal 

12 Regulations, to provide that the Department of Defense 

13 and the Department of Veterans Affairs may exchange 

14 protected health information of members of the Armed 

15 Forces and veterans in a manner that, as determined 

16 jointly by the Secretary of Health and Human Services, 

17 the Secretary of Defense, and the Secretary of Veterans 

18 Affairs, facilitates a seamless transition between the provi19 sion of health care services by the Department of Defense 

20 to members of the Armed Forces and the provision of 

21 health care services by the Department of Veterans Affairs 

22 to veterans who require such services after their separa23 tion or retirement from the Armed Forces. 
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1 SEC. 304. ENHANCEMENT OF PRESEPARATION PHYSICAL 

2 EXAMINATION REQUIREMENTS. 

3 Section 1145 of title 10, United States Code, is 

4 amended—

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

6 (2) by redesignating subsections (d) and (e) as 

7 subsections (e) and (f), respectively; and 

8 (3) by inserting after subsection (c) the fol9 lowing new subsection (d): 

10 ‘‘(d) PRESEPARATION PHYSICAL.—(1) The Secretary 

11 concerned shall require a member of the Armed Forces 

12 to be separated from active duty to undergo a physical 

13 examination before that separation. 

14 ‘‘(2) The physical examination of a member under 

15 this subsection shall be conducted before the member re16 ceives preseparation counseling under section 1142 of this 

17 title. 

18 ‘‘(3)(A) The physical examinations conducted under 

19 this subsection shall be comprehensive and, to the max20 imum extent practicable, uniform throughout the armed 

21 forces. 

22 ‘‘(B) The purpose of a physical examination con23 ducted for a member under this subsection shall be—

24 ‘‘(i) to determine the immediate health care 

25 needs, if any, of the member as of separation and 
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1 the ongoing health care needs, if any, of the member 

2 after separation; and 

3 ‘‘(ii) to identify any illness, injury, or other 

4 medical conditions that may make the member eligi5 ble for benefits as a veteran under the laws adminis6 tered by the Secretary of Veterans Affairs. 

7 ‘‘(C) The Secretary of Defense shall prescribe in reg8 ulations the requirements for physical examinations con9 ducted under this subsection. 

10 ‘‘(4) The results of the physical examination of a 

11 member under this subsection shall be included on the 

12 Form DD214 of the member (or any successor form). 

13 ‘‘(5) The Secretary concerned shall transmit in elec14 tronic form to the Secretary of Veterans Affairs the re15 sults of each physical examination conducted by such Sec16 retary under this subsection.’’. 

17 SEC. 305. ENHANCEMENT OF PRESEPARATION COUN18 SELING REQUIREMENTS. 

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

20 amended—

21 (1) by redesignating paragraphs (3) through 

22 (10) as paragraphs (4) through (11), respectively; 

23 and 

24 (2) by striking paragraph (2) and inserting the 

25 following new paragraphs: 
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1 ‘‘(2) A description (to be developed with the as2 sistance of the Secretary of Veterans Affairs) of the 

3 health care and other benefits to which the member 

4 may be entitled under the laws administered by the 

5 Secretary of Veterans Affairs, including compensa6 tion and vocational rehabilitation benefits in the case 

7 of a member being medically separated or being re8 tired under chapter 61 of this title, which shall be 

9 taken into account the preseparation physical exam10 ination of the member conducted under section 

11 1145(d) of this title. 

12 ‘‘(3) In the case of a member who, as deter13 mined pursuant to the preseparation physical exam14 ination conducted under section 145(d) of this title, 

15 may be entitled to compensation or pensions benefits 

16 under the laws administered by the Secretary of Vet17 erans Affairs, a referral (to be provided with the as18 sistance of the Secretary of Veterans Affairs) for a 

19 compensation and pension examination by the Sec20 retary of Veterans Affairs.’’. 

21 SEC. 306. EPIDEMIOLOGICAL STUDIES. 

22 (a) IN GENERAL.—The Secretary of Defense and the 

23 Secretary of Veterans Affairs may, during the five-year 

24 period beginning on October 1, 2005, jointly carry out 

25 such epidemiological studies relating to veterans’ health
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1 conditions that develop as a result of occupational expo2 sure during military service as such Secretaries consider 

3 appropriate. 

4 (b) FUNDING.—

5 (1) DEPARTMENT OF DEFENSE.—Of the 

6 amount authorized to be appropriated for fiscal year 

7 2006 for the Department of Defense for the Defense 

8 Health Program, $2,500,000 shall be available for 

9 the epidemiological studies authorized by subsection 

10 (a). 

11 (2) DEPARTMENT OF VETERANS AFFAIRS.—Of 

12 the amount appropriated for fiscal year 2006 for the 

13 Department of Veterans Affairs for Medical Care, 

14 $2,500,000 shall be available for the epidemiological 

15 studies authorized by subsection (a). 

16 (3) AVAILABILITY.—Amounts available under 

17 this subsection shall be available without fiscal year 

18 limitation. 

19 SEC. 307. INFORMATION SHARING. 

20 (a) IN GENERAL.—The Secretary of Defense and the 

21 Secretary of Veterans Affairs shall jointly develop proto22 cols to facilitate the sharing of information between the 

23 Department of Defense and the Department of Veterans 

24 Affairs on the matters referred to in subsection (c) with 

25 respect to each member of the Armed Forces. 
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1 (b) PURPOSE.—The purpose of the protocols is to fa2 cilitate determinations by the Department of Veterans Af3 fairs of the existence and extent of a connection any illness 

4 or injury experienced by a former member of the Armed 

5 Forces after separation from the Armed Forces and the 

6 exposure of the member to toxic or hazardous substances 

7 in the course of the member’s duties or assignments as 

8 a member of the Armed Forces. 

9 (c) COVERED MATTERS.—The matters referred to in 

10 this subsection with respect to a member of the Armed 

11 Forces are as follows: 

12 (1) The duties and assignments of the member, 

13 including the location of such duties and assign14 ments. 

15 (2) Any exposures of the member in the course 

16 of such duties and assignments to toxic or hazardous 

17 substances. 

18 (3) Any illness or injury of the member in19 curred or aggravated in the course of such duties 

20 and assignments. 

21 (d) ELEMENTS OF PROTOCOLS.—The protocols on 

22 the sharing of information developed under subsection (a) 

23 shall include the following: 

24 (1) Mechanisms to ensure that the Department 

25 of Veterans Affairs receives information to facilitate 
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1 the timely and accurate assessment of the illnesses 

2 or injuries of a member of the Armed Forces that 

3 may have been incurred or aggravated by the 

4 members’s exposure to toxic or hazardous sub5 stances during service in the Armed Forces. 

6 (2) Mechanisms that provide, to the maximum 

7 extent practicable consistent with the national secu8 rity interests of the United States, for the declas9 sification of information necessary to achieve the 

10 purpose of the protocols. 

11 (3) Procedures to ensure that information is 

12 shared under the protocols as a matter of routine 

13 operations of the Department of Defense and the 

14 Department of Veterans Affairs. 

15 (e) REPORT.—Not later than one year after the date 

16 of the enactment of this Act, the Secretary of Defense and 

17 the Secretary of Veterans Affairs shall jointly submit to 

18 Congress a report on the protocols developed under sub19 section (a). The report shall include such recommenda20 tions for legislative or administrative action as the Secre21 taries consider appropriate. 

22 (f) FUNDING.—

23 (1) DEPARTMENT OF DEFENSE.—Amounts au24 thorized to be appropriated for fiscal year 2006 for 

25 the Department of Defense for operation and main-
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1 tenance, defense-wide, shall be available for the de2 velopment of protocols under subsection (a). 

3 (2) DEPARTMENT OF VETERANS AFFAIRS.—

4 Amounts authorized to be appropriated for fiscal 

5 year 2006 for the Department of Veterans Affairs 

6 shall be available for the development of protocols 

7 under subsection (a). 

8 SEC. 308. COORDINATION OF LONG-TERM RESEARCH ON 

9 HEALTH CARE. 

10 (a) DEPARTMENT OF VETERANS AFFAIRS REP11 RESENTATIVE ON ARMED FORCE EPIDEMIOLOGICAL

12 BOARD.—

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall appoint to the Armed Forces Epidemiological 

15 Board, as an ex officio member, an officer of the 

16 Department of Veterans Affairs designated by the 

17 Secretary of Veterans Affairs for the purpose of this 

18 subsection. 

19 (2) PURPOSE.—The purpose of the appoint20 ment under this subsection is to ensure that the 

21 Armed Forces Epidemiological Board considers and 

22 takes into account the views and recommendations 

23 of the Department of Veterans Affairs in providing 

24 advice to the Assistant Secretary of Defense for 
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1 Health Affairs and the surgeons general of the 

2 Armed Forces. 

3 (b) DEPARTMENT OF VETERANS AFFAIRS REP4 RESENTATIVE ON DEPARTMENT OF DEFENSE SAFETY

5 AND OCCUPATIONAL HEALTH COMMITTEE.—

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall appoint to the Department of Defense Safety 

8 and Occupational Health Committee, as an ex officio 

9 member, an officer of the Department of Veterans 

10 Affairs designated by the Secretary of Veterans Af11 fairs for the purpose of this subsection. 

12 (2) PURPOSE.—The purpose of the appoint13 ment under paragraph (1) is to ensure that the De14 partment of Defense and the Department of Vet15 erans Affairs establish and maintain effective col16 laboration on matters relating to occupational safety 

17 and health of current and former members of the 

18 Armed Forces. 

19 (c) ANNUAL REPORT ON FORCE HEALTH PROTEC20 TION.—Not later than March 1 each year, the Secretary 

21 of Defense and the Secretary of Veterans Affairs shall 

22 jointly submit to Congress each year a report on the ef23 forts of the Department of Defense and Department of 

24 Veterans Affairs, respectively, during the preceding cal25 endar year, to accomplish the following:
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1 (1) The identification of illnesses and injuries 

2 incurred or aggravated by members of the Armed 

3 Forces during service in the Armed Forces through 

4 exposure to occupational hazards and other toxic 

5 and hazardous substances. 

6 (2) The treatment of members of the Armed 

7 Forces and veterans for illnesses and injuries de8 scribed in paragraph (1). 

9 (3) The conduct of epidemiological studies on 

10 the health consequences of the exposure of members 

11 of the Armed Forces to occupational hazards and 

12 other toxic and hazardous substances during service 

13 in the Armed Forces. 

14 (4) The development of guidance and other in15 formation on policies and practices intended to pre16 vent, reduce, or mitigate the exposure of members of 

17 the Armed Forces to occupational hazards and other 

18 toxic and hazardous substances during service in the 

19 Armed Forces. 

20 TITLE IV—INCREASED GOVERN21 MENT COMMITMENT TO VET22 ERANS’ EDUCATION 

23 SEC. 401. SHORT TITLE. 

24 This title may be cited as the ‘‘Increased Government 

25 Commitment to Veterans’ Education Act’’. 
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1 SEC. 402. FINDINGS. 

2 Congress makes the following findings: 

3 (1) 2004 marked the 60th anniversary of the 

4 Servicemen’s Readjustment Act of 1944, better 

5 known as the G.I. Bill. Out of an eligible population 

6 of 15,500,000 veterans, nearly 8,000,000 received 

7 education or training as a result of this legislation, 

8 one of the most successful Federal Government pro9 grams in United States history. 

10 (2) Since Congress first enacted the G.I. Bill, 

11 veterans’ benefits have been updated to keep pace 

12 with changing times. Over 21,000,000 veterans have 

13 now received educational assistance through the G.I. 

14 Bill and its successors. 

15 (3) Congress has a duty to ensure that the VA 

16 can continue to offer an education assistance pro17 gram that robustly supports veterans’ efforts to ob18 tain higher education and make a successful transi19 tion from military to civilian life. 

20 SEC. 403. EXCLUSION OF BASIC PAY CONTRIBUTIONS FOR 

21 PARTICIPATION IN BASIC EDUCATIONAL AS22 SISTANCE IN CERTAIN COMPUTATIONS ON 

23 STUDENT FINANCIAL AID. 

24 (a) EXCLUSION.—Subchapter II of chapter 30 of title 

25 38, United States Code, is amended by adding at the end 

26 the following new section: 
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1 ‘‘§ 3020A. Exclusion of basic pay contributions in cer2 tain computations on student financial 

3 aid 

4 ‘‘(a) IN GENERAL.—The expected family contribution 

5 computed under section 475, 476, or 477 of the Higher 

6 Education Act of 1965 (20 U.S.C. 1087oo, 1087pp, 

7 1087qq) for a covered student shall be decreased by 

8 $1,200 for the applicable year. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘academic year’ has the meaning 

11 given the term in section 481(a)(2) of the Higher 

12 Education Act of 1965 (20 U.S.C. 1088(a)(2)). 

13 ‘‘(2) The term ‘applicable year’ means the first 

14 academic year for which a student uses entitlement 

15 to basic educational assistance under this chapter. 

16 ‘‘(3) The term ‘covered student’ means any in17 dividual entitled to basic educational assistance 

18 under this chapter whose basic pay or voluntary sep19 aration incentives was or were subject to reduction 

20 under section 3011(b), 3012(c), 3018(c), 3018A(b), 

21 or 3018B(b) of this title.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 3020 the following new 

25 item:
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‘‘3020A. Exclusion of basic pay contributions in certain computations on student 

financial aid.’’.

1 SEC. 404. OPPORTUNITY FOR ENROLLMENT IN BASIC EDU2 CATIONAL ASSISTANCE PROGRAM OF CER3 TAIN INDIVIDUALS WHO PARTICIPATED OR 

4 WERE ELIGIBLE TO PARTICIPATE IN POST5 VIETNAM ERA VETERANS EDUCATIONAL AS6 SISTANCE PROGRAM. 

7 (a) OPPORTUNITY FOR ENROLLMENT.—Section 

8 3018C(e) of title 38, United States Code, is amended—

9 (1) in paragraph (1), by inserting ‘‘or (3)’’ 

10 after ‘‘paragraph (2)’’; 

11 (2) by redesignating paragraphs (3), (4), and 

12 (5) as paragraphs (4), (5), and (6), respectively; 

13 (3) by inserting after paragraph (2) the fol14 lowing new paragraph (3): 

15 ‘‘(3) A qualified individual referred to in paragraph 

16 (1) is also an individual who meets each of the following 

17 requirements: 

18 ‘‘(A) The individual is a participant in the edu19 cational benefits program under chapter 32 of this 

20 title as of the date of the enactment of the Mont21 gomery GI Bill for the 21st Century Act, or was eli22 gible to participate in such program, but had not 

23 participated in that program or any other edu-
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1 cational benefits program under this title, as of that 

2 date. 

3 ‘‘(B) The individual meets the requirements of 

4 subsection (a)(3). 

5 ‘‘(C) The individual, when discharged or re6 leased from active duty, is discharged or released 

7 therefrom with an honorable discharge.’’; 

8 (4) in paragraph (5), as so redesignated, by 

9 striking ‘‘paragraph (3)(A)(ii)’’ and inserting ‘‘para10 graph (4)(A)(ii)’’; and 

11 (5) in paragraph (6), as so redesignated, by in12 serting ‘‘, or individuals eligible to participate in 

13 that program who have not participated in that pro14 gram or any other educational benefits program 

15 under this title,’’ after ‘‘chapter 32 of this title’’. 

16 (b) CONFORMING AND CLERICAL AMENDMENTS.—

17 (1) The heading of such section is amended to read as 

18 follows: 

19 ‘‘§ 3018C. Opportunity to enroll: certain VEAP par20 ticipants; certain individuals eligible for 

21 participation in VEAP’’. 

22 (2) The table of sections at the beginning of chapter 

23 30 of such title is amended by striking the item relating 

24 to section 3018C and inserting the following new item:

‘‘3018C. Opportunity to enroll: certain VEAP participants; certain individuals 

eligible for participation in VEAP.’’.
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1 SEC. 405. COMMENCEMENT OF 10-YEAR DELIMITING PE2 RIOD FOR VETERANS AND DEPENDENTS WHO 

3 ENROLL IN TRAINING PROGRAM. 

4 (a) VETERANS.—Section 3031 of title 38, United 

5 States Code, is amended— 

6 (1) in subsection (a), by striking ‘‘through (g), 

7 and subject to subsection (h)’’ and inserting 

8 ‘‘through (h), and subject to subsection (i)’’; 

9 (2) by redesignating subsection (h) as sub10 section (i); and 

11 (3) by inserting after subsection (g) the fol12 lowing new subsection (h): 

13 ‘‘(h) In the case of an individual eligible for edu14 cational assistance under this chapter who, during the 10- 

15 year period described in subsection (a) of this section, en16 rolls in a program of training under this chapter, the pe17 riod during which the individual may use the individual’s 

18 entitlement to educational assistance under this chapter 

19 expires on the last day of the 10-year period beginning 

20 on the first day of the individual’s pursuit of such program 

21 of training.’’. 

22 (b) ELIGIBLE CHILDREN.—Subsection (a) of section 

23 3512 of such title is amended— 

24 (1) in paragraph (6)(B), by striking ‘‘and’’ at 

25 the end; 
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1 (2) in paragraph (7), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 paragraph: 

5 ‘‘(8) if the person enrolls in a program of spe6 cial restorative training under subchapter V of this 

7 chapter, such period shall begin on the first day of 

8 the person’s pursuit of such program of special re9 storative training.’’.

Æ