,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eccf ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjad ,ms4 ,duckworth 7for herself1 ,mr4 ,stivers1 ,mr4 ,cuellar1 and ,ms4 ,hahn7 introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to establish or integrate an online significant event tracker 7,,set7 system for tracking1 reporting1 and summarizing exposures of members of the ,armed ,forces1 including members of the reserve components thereof1 to traumatic events1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mental ,health ,exposure ,military ,official ,record ,act of #bjad4 #b4 ,purpose ,the purpose of this ,act is to implement a significant event tracker 7,,set7 system to train and enable members of the ,armed ,forces1 including members of the reserve components thereof1 to track exposures to traumatic events and address mental health issues during and after service4 #c4 ,definitions ,in this ,act3 7#a7 ,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 ,justice4 7#b7 ,reportable event ,the term reportable event includes-- 7,a7 a kinetic combat patrol2 7,b7 witnessed loss of life1 dismemberment1 or significant physical injury in a combat operation1 expeditionary operation1 or peacetime regular training2 7,c7 an injury or exposure that may constitute a traumatic brain injury 7,,tbi71 including a concussive or mechanical event involving the head that occurs in a combat operation1 expeditionary operation1 or peacetime regular training2 7,d7 victimization or witnessing of a sexual assault2 and 7,e7 any other event determined by the ,secretary of ,defense to be potentially traumatic to an affected individual4 7#c7 ,reserve component ,the term reserve component means a reserve component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code4 #d4 ,requirement to implement ,,set system ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall prescribe regulations to implement the significant event tracker system described under section #e 7in this ,act referred to as the ,,set system74 #e4 ,significant event tracker 7,,set7 system 7a7 ,establishment ,the ,secretary of ,defense shall establish a ,,set system to track1 report1 and summarize individual exposures to traumatic events for the purpose of enabling former members of the ,armed ,forces1 including members of the reserve components thereof1 to show evidence of possible traumatic events incurred during their service4 7b7 ,recording of events 7#a7 ,responsibility 7,a7 ,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 subunit4 7,b7 ,individual reporting ,a unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term1 temporary 7less than #cj days7 detachments and individual augments which1 by the nature of their mission1 preclude the persistent inclusion in one common reviewing unit4 ,the delegation may be until a predetermined date such as the end of a deployment or on a #cj-;day basis1 as determined by the unit commander4 7,c7 ,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 individual4 7,d7 ,military law enforcement ,military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault4 7,e7 ,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 facilities4 7,f7 ,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 career4 7#b7 ,included information ,each entry for a reportable event shall include the following information3 7,a7 ,name1 date1 location1 and unit4 7,b7 ,duty status4 7,c7 ,type of event4 7,d7 ,whether a physical injury was sustained as a result1 and if so1 the extent of such injury4 7,e7 ,other information as required by the ,secretary of ,defense4 7c7 ,verification of events 7#a7 ,events reported by individuals 7,a7 ,in general ,a reportable event entered by an individual member under subsection 7b77#a77;,b7 shall be reviewed by the unit commander for purposes of verifying1 contesting1 or denying the event4 7,b7 ,verification tools ,in reviewing reportable events under subparagraph 7,a71 the unit commander shall use all available verification tools1 including ,department of ,defense reports1 unit logs1 reports from creditable witnesses such as patrol leaders1 and any other evidence deemed appropriate by the unit commander4 7,c7 ,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 demands4 7#b7 ,events reported by the unit commanders or delegates ,reportable events entered by a unit commander or delegate under subsection 7b77#a77;,a71 other than reportable events involving victimization or witnessing of a sexual assault1 shall be submitted directly to the respective unit's commanding officer for review under subsection 7d74 ,reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection 7e74 7#c7 ,events reported by medical treatment facilities ,reportable events entered by medical treatment facilities under subsection 7b77#a77;,c7 shall be submitted directly to the secure central tracking database under subsection 7e74 7#d7 ,events reported by military law enforcement ,reportable events entered by military law enforcement under subsection 7b77#a77;,d7 shall be submitted directly to the secure central tracking database under subsection 7e74 7d7 ,command review 7#a7 ,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 7#a7 or 7#b7 of subsection 7c71 other than a reportable event involving victimization or witnessing of a sexual assault1 and submitting the event and such determination to the secure central tracking database under subsection 7e74 7#b7 ,disposition ,the commanding officer shall1 in accordance with guidance issued by the ,secretary of ,defense1 assign to each such reportable event one of the following designations3 7,a7 ,approved1 in the case of clear documentation and verification of the facts and the individual's exposure4 7,b7 ,approved_/,contested1 in the case of clear documentation and verification of the occurrence of the event1 but where the commanding officer has reasonable doubt for approval of the reportable event4 7,c7 ,denied_/,contested1 in the case of questionable documentation or verification1 but where the commanding officer has reasonable doubt for denial of the reportable event4 7,d7 ,denied1 in the case of no clear evidence of the facts or the member's exposure4 7#c7 ,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 deleted1 regardless of designation4 7e7 ,secure central tracking database 7#a7 ,storage of information 7,a7 ,in general ,all reportable events shall be submitted to a secure central tracking database1 either indirectly pursuant to subsection 7d71 or directly pursuant to paragraph 7#c7 or 7#d7 of subsection 7c7 or1 in the case of a reportable event involving victimization or witnessing of a sexual assault1 paragraph 7#b7 of subsection 7c74 ,the database shall serve as the central repository for all reportable events relating to a member of the ,armed ,forces1 including for purposes of preparing the member's official ,,set record upon separation from service4 7,b7 ,treatment of information 7i7 ,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 concerns4 7ii7 ,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 status1 and protect the integrity1 of ongoing investigations4 7iii7 ,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 command1 and may not be used by anyone for the purpose of evaluating promotion1 reenlistment1 or assignment issues4 7,c7 ,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 7b77#a77;,c7 and consulting for diagnoses4 7,d7 ,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 7b77#a77;,d7 and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction4 ,the summary shall not include specific information about events1 evidence1 or individual members1 including private personal information such as names and social security numbers4 7,e7 ,access to individual records for purposes of military and non-military disciplinary and judicial proceedings 7i7 ,in general ,an individual member's complete ,,set record and individual entries may1 with the explicit consent of the member1 be reviewed1 evaluated1 and shared with-- 7,i7 in the case of a military disciplinary or judicial hearing or proceeding1 the member's military and civilian legal representative or representatives1 unit commander1 or military judge for the purpose of addressing concerns related to such hearing or proceeding2 and 7,,ii7 in the case of a non-military disciplinary or judicial hearing or proceeding1 the member's civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding4 7ii7 ,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 information4 7,f7 ,unit commander review 7i7 ,in general ,except as provided in clause 7ii71 unit commanders may only view individual pending entries that have been submitted to them for review and designation1 and may not view previous entries that have already been reviewed and designated4 7ii7 ,administrative access ,unit commanders may only access entries that have already been reviewed1 designated1 and entered into the secure central database by that individual commander in order to correct roster entries for subunits1 provide additional post-incident documentation1 or take such other administrative actions as may be determined appropriate by the ,secretary of ,defense4 ,in no instance may such access permit the removal of any entry1 regardless of designation4 7,g7 ,statistical analysis and evaluation of unit commanders 7i7 ,information sharing ,the ,secretary of ,defense shall issue guidance governing the sharing of ,,set entry statistics among unit commands and other ,department of ,defense individuals1 offices1 activities1 and agencies for purposes of analyzing the number and types of entries generated over time4 ,information so shared may not include specific information about events1 evidence1 or individual members1 including private personal information such as names and social security numbers4 7ii7 ,evaluation on unit commanders ,unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command1 but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries1 and the review of their entries4 7,h7 ,additional limitations on access ,no non-,department of ,defense agencies1 organizations1 or individuals1 such as veterans' service organizations1 local law enforcement1 judicial courts1 or civilian medical treatment facilities1 shall be granted access to the secure central tracking database4 ,department of ,defense medical officers may only review an individual member's entire ,,set record for the medical purposes set forth in subsection 7e77#b77;,a7 and such other purposes as may be determined appropriate by the ,secretary of ,defense4 7#b7 ,distribution and control 7,a7 ,pre-discharge 7i7 ,medical retirements ,in the case of a member of the ,armed ,services preparing for medical retirement due to injury or other conditions1 the official ,,set record shall be provided to and used by the ,medical ,evaluation ,board or ,physical ,evaluation ,board4 7ii7 ,non-medical discharges and retirements ,in the case of a member of the ,armed ,services preparing for a non-medical discharge or retirement1 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 officer4 7iii7 ,benefits ,delivery at ,discharge ,claims ,in the case of a member of the ,armed ,services initiating a ,benefits ,delivery at ,discharge 7,,bdd7 claim1 the ,,bdd ,specialist shall be provided with the official ,,set record in order to file a fully developed claim for the member4 7,b7 ,upon discharge ,upon a member's separation from service in the ,armed ,forces1 including a member of a reserve component thereof1 copies of the member's official ,,set record1 including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database1 shall be distributed in accordance with the procedures of the military service in which the individual served1 including copies to the following recipients3 7i7 ,the separating member4 7ii7 ,the separating member's ,service ,personnel and ,medical ,file1 or other relevant record as determined under the ,secretary of ,defense's guidance4 7iii7 ,the ,department of ,veterans ,affairs1 and if specifically designated by the member1 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 member4 #f4 ,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 #bjae and fiscal years thereafter to carry out activities under this ,act4 #g4 ,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 record1 including handwritten statements1 for purposes of appealing1 documenting1 or presenting evidence related to post traumatic stress disorder or traumatic brain injury claims4