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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5336 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5336

  To establish or integrate an online significant event tracker (SET) 
system for tracking, reporting, and summarizing exposures of members of 
the Armed Forces, including members of the reserve components thereof, 
              to traumatic events, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

  Ms. Duckworth (for herself, Mr. Stivers, Mr. Cuellar, and Ms. Hahn) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL

 
  To establish or integrate an online significant event tracker (SET) 
system for tracking, reporting, and summarizing exposures of members of 
the Armed Forces, including members of the reserve components thereof, 
              to traumatic events, 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 ``Mental Health Exposure Military 
Official Record Act of 2014''.

SEC. 2. PURPOSE.

    The purpose of this Act is to implement a significant event tracker 
(SET) system to train and enable members of the Armed Forces, including 
members of the reserve components thereof, to track exposures to 
traumatic events and address mental health issues during and after 
service.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Unit commander defined.--The term ``unit commander'' 
        means the first individual in the chain of command with 
        authority over the member concerned under the Uniform Code of 
        Military Justice.
            (2) Reportable event.--The term ``reportable event'' 
        includes--
                    (A) a kinetic combat patrol;
                    (B) witnessed loss of life, dismemberment, or 
                significant physical injury in a combat operation, 
                expeditionary operation, or peacetime regular training;
                    (C) an injury or exposure that may constitute a 
                traumatic brain injury (TBI), including a concussive or 
                mechanical event involving the head that occurs in a 
                combat operation, expeditionary operation, or peacetime 
                regular training;
                    (D) victimization or witnessing of a sexual 
                assault; and
                    (E) any other event determined by the Secretary of 
                Defense to be potentially traumatic to an affected 
                individual.
            (3) Reserve component.--The term ``reserve component'' 
        means a reserve component of the Armed Forces named in section 
        10101 of title 10, United States Code.

SEC. 4. REQUIREMENT TO IMPLEMENT SET SYSTEM.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall prescribe regulations to implement 
the significant event tracker system described under section 5 (in this 
Act referred to as the ``SET system'').

SEC. 5. SIGNIFICANT EVENT TRACKER (SET) SYSTEM.

    (a) Establishment.--The Secretary of Defense shall establish a SET 
system to track, report, and summarize individual exposures to 
traumatic events for the purpose of enabling former members of the 
Armed Forces, including members of the reserve components thereof, to 
show evidence of possible traumatic events incurred during their 
service.
    (b) Recording of Events.--
            (1) Responsibility.--
                    (A) Unit commanders.--A unit commander may enter 
                reportable events that affect the entire unit and its 
                members or delegate to a leader of a subunit of the 
                unit commander's command the entry of reportable events 
                affecting the subunit.
                    (B) Individual reporting.--A unit commander may 
                choose to delegate event reporting to the individual 
                members of units who are employed as short-term, 
                temporary (less than 30 days) detachments and 
                individual augments which, by the nature of their 
                mission, preclude the persistent inclusion in one 
                common reviewing unit. The delegation may be until a 
                predetermined date such as the end of a deployment or 
                on a 30-day basis, as determined by the unit commander.
                    (C) Medical treatment facility.--A medical 
                treatment facility may directly enter a reportable 
                event affecting a member of the Armed Forces undergoing 
                treatment at such facility for an injury identified by 
                a military medical personnel or as reported by a member 
                of the Armed Forces to such an individual.
                    (D) Military law enforcement.--Military law 
                enforcement may directly enter a reportable event 
                involving victimization or witnessing of a sexual 
                assault.
                    (E) Reporting of outside incidents.--The Secretary 
                of Defense shall issue guidance regarding the entry of 
                reportable events involving members of the Armed Forces 
                that occur while in duty status outside of military 
                installations and are initially reported to local non-
                military law enforcement or non-military medical 
                treatment facilities.
                    (F) Reporting of previous incidents for currently 
                serving servicemembers.--The Secretary of Defense shall 
                issue guidance regarding the potential entry of past 
                reportable events involving currently serving members 
                of the Armed Forces that occurred earlier in their 
                career.
            (2) Included information.--Each entry for a reportable 
        event shall include the following information:
                    (A) Name, date, location, and unit.
                    (B) Duty status.
                    (C) Type of event.
                    (D) Whether a physical injury was sustained as a 
                result, and if so, the extent of such injury.
                    (E) Other information as required by the Secretary 
                of Defense.
    (c) Verification of Events.--
            (1) Events reported by individuals.--
                    (A) In general.--A reportable event entered by an 
                individual member under subsection (b)(1)(B) shall be 
                reviewed by the unit commander for purposes of 
                verifying, contesting, or denying the event.
                    (B) Verification tools.--In reviewing reportable 
                events under subparagraph (A), the unit commander shall 
                use all available verification tools, including 
                Department of Defense reports, unit logs, reports from 
                creditable witnesses such as patrol leaders, and any 
                other evidence deemed appropriate by the unit 
                commander.
                    (C) Guidance.--The Secretary of Defense shall issue 
                guidance designed to ensure that entries submitted to a 
                unit commander for review are handled accurately with 
                discretion and in a timely fashion while recognizing 
                the challenges posed by operational tempo and competing 
                time demands.
            (2) Events reported by the unit commanders or delegates.--
        Reportable events entered by a unit commander or delegate under 
        subsection (b)(1)(A), other than reportable events involving 
        victimization or witnessing of a sexual assault, shall be 
        submitted directly to the respective unit's commanding officer 
        for review under subsection (d). Reportable events involving 
        victimization or witnessing of a sexual assault shall be 
        submitted directly to the secure central tracking database 
        under subsection (e).
            (3) Events reported by medical treatment facilities.--
        Reportable events entered by medical treatment facilities under 
        subsection (b)(1)(C) shall be submitted directly to the secure 
        central tracking database under subsection (e).
            (4) Events reported by military law enforcement.--
        Reportable events entered by military law enforcement under 
        subsection (b)(1)(D) shall be submitted directly to the secure 
        central tracking database under subsection (e).
    (d) Command Review.--
            (1) Authority and responsibility.--The commanding officer 
        shall have responsibility for reviewing and determining the 
        disposition of a reportable event involving the member 
        submitted pursuant to paragraph (1) or (2) of subsection (c), 
        other than a reportable event involving victimization or 
        witnessing of a sexual assault, and submitting the event and 
        such determination to the secure central tracking database 
        under subsection (e).
            (2) Disposition.--The commanding officer shall, in 
        accordance with guidance issued by the Secretary of Defense, 
        assign to each such reportable event one of the following 
        designations:
                    (A) Approved, in the case of clear documentation 
                and verification of the facts and the individual's 
                exposure.
                    (B) Approved/Contested, in the case of clear 
                documentation and verification of the occurrence of the 
                event, but where the commanding officer has reasonable 
                doubt for approval of the reportable event.
                    (C) Denied/Contested, in the case of questionable 
                documentation or verification, but where the commanding 
                officer has reasonable doubt for denial of the 
                reportable event.
                    (D) Denied, in the case of no clear evidence of the 
                facts or the member's exposure.
            (3) Non-removal of designation.--Each reportable entry 
        reviewed under this subsection shall be entered into the secure 
        central tracking database and may not be removed or deleted, 
        regardless of designation.
    (e) Secure Central Tracking Database.--
            (1) Storage of information.--
                    (A) In general.--All reportable events shall be 
                submitted to a secure central tracking database, either 
                indirectly pursuant to subsection (d), or directly 
                pursuant to paragraph (3) or (4) of subsection (c) or, 
                in the case of a reportable event involving 
                victimization or witnessing of a sexual assault, 
                paragraph (2) of subsection (c). The database shall 
                serve as the central repository for all reportable 
                events relating to a member of the Armed Forces, 
                including for purposes of preparing the member's 
                official SET record upon separation from service.
                    (B) Treatment of information.--
                            (i) Classified and sensitive operations.--
                        The secure central tracking database shall 
                        include measures to ensure that information 
                        related to classified and sensitive operations 
                        is coded so as to document the event without 
                        violating operational security concerns.
                            (ii) Sexual assault cases.--The secure 
                        central tracking database shall include 
                        measures to ensure that information related to 
                        sexual assault cases in the secure central 
                        tracking database is coded in order to protect 
                        privacy and to correctly reflect the status, 
                        and protect the integrity, of ongoing 
                        investigations.
                            (iii) Confidentiality of individual 
                        records.--An individual member's complete SET 
                        record and individual entries may not be 
                        reviewed by the member's unit commander or the 
                        chain of command, and may not be used by anyone 
                        for the purpose of evaluating promotion, 
                        reenlistment, or assignment issues.
                    (C) Use by medical treatment facilities.--Medical 
                treatment facilities shall be provided access to the 
                secure central tracking database for purposes of 
                entering reportable events under subsection (b)(1)(C) 
                and consulting for diagnoses.
                    (D) Use by military law enforcement and criminal 
                investigative services.--Military law enforcement and 
                criminal investigative services shall be provided 
                general access to the secure central tracking database 
                for purposes of entering reportable events under 
                section (b)(1)(D) and to a limited summary for purposes 
                of diagnosing patterns and trends related to crimes 
                committed inside their jurisdiction. The summary shall 
                not include specific information about events, 
                evidence, or individual members, including private 
                personal information such as names and social security 
                numbers.
                    (E) Access to individual records for purposes of 
                military and non-military disciplinary and judicial 
                proceedings.--
                            (i) In general.--An individual member's 
                        complete SET record and individual entries may, 
                        with the explicit consent of the member, be 
                        reviewed, evaluated, and shared with--
                                    (I) in the case of a military 
                                disciplinary or judicial hearing or 
                                proceeding, the member's military and 
                                civilian legal representative or 
                                representatives, unit commander, or 
                                military judge for the purpose of 
                                addressing concerns related to such 
                                hearing or proceeding; and
                                    (II) in the case of a non-military 
                                disciplinary or judicial hearing or 
                                proceeding, the member's civilian legal 
                                representative or representatives for 
                                the purpose of addressing concerns 
                                related to such hearing or proceeding.
                            (ii) Access in cases of mental 
                        incapacity.--The Secretary of Defense shall 
                        provide guidance for questions related to the 
                        accessing a servicemember's SET record for 
                        servicemembers who have been determined to be 
                        mentally incapable and thus are unable to 
                        provide their own consent or objection to the 
                        release of personal information.
                    (F) Unit commander review.--
                            (i) In general.--Except as provided in 
                        clause (ii), unit commanders may only view 
                        individual pending entries that have been 
                        submitted to them for review and designation, 
                        and may not view previous entries that have 
                        already been reviewed and designated.
                            (ii) Administrative access.--Unit 
                        commanders may only access entries that have 
                        already been reviewed, designated, and entered 
                        into the secure central database by that 
                        individual commander in order to correct roster 
                        entries for subunits, provide additional post-
                        incident documentation, or take such other 
                        administrative actions as may be determined 
                        appropriate by the Secretary of Defense. In no 
                        instance may such access permit the removal of 
                        any entry, regardless of designation.
                    (G) Statistical analysis and evaluation of unit 
                commanders.--
                            (i) Information sharing.--The Secretary of 
                        Defense shall issue guidance governing the 
                        sharing of SET entry statistics among unit 
                        commands and other Department of Defense 
                        individuals, offices, activities, and agencies 
                        for purposes of analyzing the number and types 
                        of entries generated over time. Information so 
                        shared may not include specific information 
                        about events, evidence, or individual members, 
                        including private personal information such as 
                        names and social security numbers.
                            (ii) Evaluation on unit commanders.--Unit 
                        commanders may not be evaluated by their 
                        superiors for the number and types of entries 
                        generated by their command, but may be 
                        evaluated by their superior officer in the 
                        chain of command for the speed and accuracy of 
                        their entries, and the review of their entries.
                    (H) Additional limitations on access.--No non-
                Department of Defense agencies, organizations, or 
                individuals, such as veterans' service organizations, 
                local law enforcement, judicial courts, or civilian 
                medical treatment facilities, shall be granted access 
                to the secure central tracking database. Department of 
                Defense medical officers may only review an individual 
                member's entire SET record for the medical purposes set 
                forth in subsection (e)(2)(A) and such other purposes 
                as may be determined appropriate by the Secretary of 
                Defense.
            (2) Distribution and control.--
                    (A) Pre-discharge.--
                            (i) Medical retirements.--In the case of a 
                        member of the Armed Services preparing for 
                        medical retirement due to injury or other 
                        conditions, the official SET record shall be 
                        provided to and used by the Medical Evaluation 
                        Board or Physical Evaluation Board.
                            (ii) Non-medical discharges and 
                        retirements.--In the case of a member of the 
                        Armed Services preparing for a non-medical 
                        discharge or retirement, the official SET 
                        record shall be reviewed by the medical officer 
                        of the member's parent unit and serve as the 
                        basis for any follow-on actions as determined 
                        by the medical officer.
                            (iii) Benefits delivery at discharge 
                        claims.--In the case of a member of the Armed 
                        Services initiating a Benefits Delivery at 
                        Discharge (BDD) claim, the BDD Specialist shall 
                        be provided with the official SET record in 
                        order to file a fully developed claim for the 
                        member.
                    (B) Upon discharge.--Upon a member's separation 
                from service in the Armed Forces, including a member of 
                a reserve component thereof, copies of the member's 
                official SET record, including a compilation of all 
                reported events and a summary prepared by an 
                authorizing agent with cleared access to the secure 
                central tracking database, shall be distributed in 
                accordance with the procedures of the military service 
                in which the individual served, including copies to the 
                following recipients:
                            (i) The separating member.
                            (ii) The separating member's Service 
                        Personnel and Medical File, or other relevant 
                        record as determined under the Secretary of 
                        Defense's guidance.
                            (iii) The Department of Veterans Affairs, 
                        and if specifically designated by the member, 
                        the veteran affairs agency of the State that is 
                        the separating member's relevant home of record 
                        or intended new residence and such other 
                        veterans service organization as may be 
                        designated by the member.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated out of funds available to 
the Department of Defense such sums as may be necessary for fiscal year 
2015 and fiscal years thereafter to carry out activities under this 
Act.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed as limiting the ability of 
current and former members of the Armed Forces to provide documentation 
other than the SET record, including handwritten statements, for 
purposes of appealing, documenting, or presenting evidence related to 
post traumatic stress disorder or traumatic brain injury claims.
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