II 

113TH CONGRESS 

2D SESSION S. 2231 

To amend title 10, United States Code, to provide an individual with a 

mental health assessment 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 

APRIL 9, 2014 

Mr. PORTMAN (for himself and Mr. ROCKEFELLER) 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 assessment before the individual enlists in the Armed Forces or is commissioned 

as an officer in the Armed Forces, 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 ‘‘Medical Evaluation 

5 Parity for Servicemembers Act of 2014’’ or the ‘‘MEPS 

6 Act’’. 


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1 SEC. 2. PRELIMINARY MENTAL HEALTH ASSESSMENTS FOR 

2 INDIVIDUALS BECOMING MEMBERS OF THE 

3 ARMED FORCES. 

4 (a) IN GENERAL.—Chapter 31 of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 520d. Preliminary mental health assessments 

8 ‘‘(a) PROVISION OF MENTAL HEALTH ASSESS9 MENT.—Before any individual enlists in an armed force 

10 or is commissioned as an officer in an armed force, the 

11 Secretary concerned shall provide the individual with a 

12 mental health assessment. The Secretary shall use such 

13 results as a baseline for any subsequent mental health ex14 aminations, including such examinations provided under 

15 sections 1074f and 1074m of this title. 

16 ‘‘(b) USE OF ASSESSMENT.—The Secretary may not 

17 consider the results of a mental health assessment con18 ducted under subsection (a) in determining the assign19 ment or promotion of a member of the armed forces. 

20 ‘‘(c) APPLICATION OF PRIVACY LAWS.—With respect 

21 to applicable laws and regulations relating to the privacy 

22 of information, the Secretary shall treat a mental health 

23 assessment conducted under subsection (a) in the same 

24 manner as the medical records of a member of the armed 

25 forces.’’. 


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

2 at the beginning of such chapter is amended by adding 

3 after the item relating to section 520c the following new 

4 item: 

‘‘520d. Preliminary mental health assessments.’’. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Na8 tional Institute of Mental Health of the National In9 stitutes of Health shall submit to Congress and the 

10 Secretary of Defense a report on preliminary mental 

11 health assessments of members of the Armed 

12 Forces. 

13 (2) MATTERS INCLUDED.—The report under 

14 paragraph (1) shall include the following: 

15 (A) Recommendations with respect to es16 tablishing a preliminary mental health assess17 ment of members of the Armed Forces to bring 

18 mental health screenings to parity with physical 

19 screenings of members. 

20 (B) Recommendations with respect to the 

21 composition of the mental health assessment, 

22 best practices, and how to track assessment 

23 changes relating to traumatic brain injuries, 

24 post-traumatic stress disorder, and other condi25 tions. 


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1 (3) COORDINATION.—The National Institute of 

2 Mental Health shall carry out paragraph (1) in co3 ordination with the Secretary of Veterans Affairs, 

4 the Secretary of Health and Human Services, the 

5 Director of the Centers for Disease Control and Pre6 vention, the surgeons general of the military depart7 ments, and other relevant experts. 

8 SEC. 3. PHYSICAL EXAMINATIONS AND MENTAL HEALTH 

9 SCREENINGS FOR CERTAIN MEMBERS UN10 DERGOING SEPARATION FROM THE ARMED 

11 FORCES WHO ARE NOT OTHERWISE ELIGIBLE 

12 FOR SUCH EXAMINATIONS. 

13 (a) IN GENERAL.—The Secretary of the military de14 partment concerned shall provide a comprehensive phys15 ical examination (including a screening for Traumatic 

16 Brain Injury) and a mental health screening to each mem17 ber of the Armed Forces who, after a period of active duty 

18 of more than 180 days, is undergoing separation from the 

19 Armed Forces and is not otherwise provided such an ex20 amination or screening in connection with such separation 

21 from the Department of Defense or the Department of 

22 Veterans Affairs. 

23 (b) NO RIGHT TO HEALTH CARE BENEFITS.—The 

24 provision of a physical examination or mental health 

25 screening to a member under subsection (a) shall not, by 


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1 itself, be used to determine the eligibility of the member 

2 for any health care benefits from the Department of De3 fense or the Department of Veterans Affairs. 

4 (c) FUNDING.—Funds for the provision of physical 

5 examinations and mental health screenings under this sec6 tion shall be derived from funds otherwise authorized to 

7 be appropriated for the military department concerned for 

8 the provision of health care to members of the Armed 

9 Forces. 

10 SEC. 4. REPORT ON CAPACITY OF DEPARTMENT OF DE11 FENSE TO PROVIDE ELECTRONIC COPY OF 

12 MEMBER SERVICE TREATMENT RECORDS TO 

13 MEMBERS SEPARATING FROM THE ARMED 

14 FORCES. 

15 (a) REPORT REQUIRED.—Not later than six months 

16 after the date of the enactment of this Act, the Secretary 

17 of Defense shall submit to Congress a report setting forth 

18 an assessment of the capacity of the Department of De19 fense to provide each member of the Armed Forces who 

20 is undergoing separation from the Armed Forces an elec21 tronic copy of the member’s service treatment record at 

22 the time of separation. 

23 (b) MATTERS RELATING TO THE NATIONAL

24 GUARD.—The assessment under subsection (a) with re25 gards to members of the National Guard shall include an 


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1 assessment of the capacity of the Department to ensure 

2 that the electronic copy of a member’s service treatment 

3 record includes health records maintained by each State 

4 or territory in which the member served. 

Æ 


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