I 

113TH CONGRESS 

1ST SESSION H. R. 3045 

To amend title 10, United States Code, to ensure that the Secretary of 

Defense provides each member of the Armed Forces, before the member 

separates from the Armed Forces, with an electronic copy of the medical 

records of the member and a physical examination. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2013 

Mr. O’ROURKE (for himself, Mr. COFFMAN, Mr. WALZ, Mr. STEWART, Ms. 

GABBARD, Mr. RUIZ, Mr. BLUMENAUER, Mr. CONYERS, Mr. SABLAN, 

Mr. GALLEGO, Mr. ROONEY, Mr. ENYART, and Mr. MICHAUD) introduced 

the following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to ensure that the 

Secretary of Defense provides each member of the Armed 

Forces, before the member separates from the Armed 

Forces, with an electronic copy of the medical records 

of the member and a physical examination. 

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


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1 SECTION 1. TRANSMITTAL OF ELECTRONIC MEDICAL 

2 RECORDS TO SEPARATING MEMBERS OF THE 

3 ARMED FORCES. 

4 (a) IN GENERAL.—Section 1142 of title 10, United 

5 States Code, is amended— 

6 (1) in subsection (c)— 

7 (A) by striking ‘‘In the case’’ and inserting 

8 ‘‘(1) In the case’’; 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2)(A) The Secretary concerned shall provide to 

12 each member of the armed forces who is scheduled to be 

13 separated from the armed forces a copy of the medical 

14 records of the member (including the results of a Physical 

15 Evaluation Board or any other physical examination) in 

16 an electronic format. 

17 ‘‘(B) To the extent practicable, the Secretary con18 cerned shall ensure that medical records provided to a 

19 member of the National Guard under subparagraph (A) 

20 include medical records that are— 

21 ‘‘(i) in connection with the service of the mem22 ber in the National Guard, maintained by the Gov23 ernor of the State, Commonwealth, territory, or pos24 session of the United States, or in the case of the 

25 District of Columbia, the Commanding General of 

26 the National Guard of the District of Columbia; and 


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1 ‘‘(ii) provided to the Secretary for purposes of 

2 such subparagraph.’’; and 

3 (C) in the heading by striking ‘‘TO DE4 PARTMENT OF VETERANS AFFAIRS’’; and 

5 (2) in the heading by striking ‘‘to Depart6 ment of Veterans Affairs’’. 

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

8 at the beginning of chapter 58 of such title is amended 

9 by striking the item relating to section 1142 and inserting 

10 the following: 

‘‘1142. Preseparation counseling; transmittal of medical records’’. 

11 SEC. 2. MANDATORY PHYSICAL EXAMINATIONS OF SEPA12 RATING MEMBERS OF THE ARMED FORCES. 

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

14 amended— 

15 (1) in subsection (a)(5)— 

16 (A) by striking ‘‘(A) The Secretary’’ and 

17 inserting ‘‘The Secretary’’; 

18 (B) by inserting ‘‘comprehensive’’ after 

19 ‘‘undergo a’’; and 

20 (C) by striking subparagraph (B); and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(f) MANDATORY PHYSICAL EXAMINATIONS FOR

24 MEMBERS NOT OTHERWISE COVERED BY THIS SEC25 TION.—(1) The Secretary concerned shall provide a comVerDate Mar 15 2010 22:49 Aug 09, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3045.IH H3045

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1 prehensive physical examination pursuant to subsection 

2 (a)(5) to each member of the armed forces who is sched3 uled to be separated from the armed forces and does not 

4 otherwise receive such an examination under such sub5 section. 

6 ‘‘(2) A member may not be entitled to health care 

7 benefits pursuant to subsection (a), (b), or (c) solely by 

8 reason of being provided a physical examination under 

9 paragraph (1).’’. 

Æ 


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