Page:United States Statutes at Large Volume 123.djvu/2300

 123STA T . 22 80PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9Subti t leB—G e n e ra l Ser v i c e A ut ho ritie sSEC.51 1.C ONTI N UA TION ON ACTI V E D UT Y O FR ESERVE CO MP ONENT MEM B ERS DURIN G P H YSICA L DISABILITY EVALUATION FOLLO W ING MOBILI Z ATION AND DEPLOYMENT. Section12 1 8 o f tit l e1 0,U nite d St a te sC ode, is a m ended by addin g att h e end the follo w ing new s u bsection

‘ ( d ) (1) T he Sec r etary of a military de p artment shall ensure that each member of a reser v e component under the j urisdiction of the Secretary who is determined, after a mobili z ation and deploy - ment to an area in which imminent danger pay is authorized under section 3 10 of title 3 7 ,tore q uire evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is — ‘‘( A ) cleared by appropriate authorities for continuation on active duty or ‘‘( B ) separated, retired, or placed on the temporary dis- ability retired list or inactive status list . ‘‘(2)(A) A member described in paragraph (1) may request termi- nation of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member. ‘‘(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty. ‘‘(C) E ach release from active duty under subparagraph (B) shall be thoroughly documented. ‘‘(3) The requirements in paragraph (1) shall e x pire on the date that is five years after the date of the enactment of the N ational D efense Authorization Act for F iscal Y ear 2010. ’ ’. SEC. 51 2 . MEDICAL E X AMINATION RE Q UIRED BEFORE ADMINISTRA - TIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DIS- ORDER OR TRAUMATIC BRAIN IN J URY. (a) MEDICAL E X A M I N A T I O N R E QU I R ED.— (1) I N G ENERAL.—Chapter 59 of title 10, United States Code, is amended by inserting after section 117 6 the following new section: ‘ ‘ §1 1 7 7 .Memb e rsdiagno sed w i th or reasonab ly asserting p ost - tra u mati c stress disorder or traumatic brain in j ury medical e x amination re q uired be f ore administrati v e separation ‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation during the previous 2 4 months, and who is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, the influence of Regulations.Exp i r ation d ate.