Sec. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND TRANSITION PROGRAM

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## SEC. 11411 IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND TRANSITION PROGRAM ###

(a)Temporary Policy Not later than 60 days after the date of enactment of this Act, the Commandant shall develop a temporary policy that— ####

(1)improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process; ####

(2)affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and ####

(3)maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process. ###

(b)Elements The policy required under subsection

(a)shall include the following: ####

(1)A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning. ####

(2)In the case of a Medical Evaluation Board report that is not completed not later than 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status. ####

(3)A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated. ####

(4)An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member’s physical disability evaluation. ####

(5)A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member. ####

(6)A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty. ####

(7)To provide certainty to such a member with respect to a separation date, a policy that ensures— #####

(A)that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including— ######

(i)placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and ######

(ii)a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and #####

(B)the availability of administrative solutions to any such delay. ####

(8)With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member’s current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member’s career trajectory. ####

(9)A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board. ####

(10)A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member. ####

(11)A requirement that— #####

(A)a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and #####

(B)any such request for delay shall be approved by the Commandant based on a showing of good cause by the member. ###

(c)Report on Temporary Policy Not later than 60 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed under subsection (a). ###

(d)Permanent Policy Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection

(a)a permanent policy of the Coast Guard. ###

(e)Briefing Not later than 1 year after the date of enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy. ###

(f)Annual Report on Costs ####

(1)In general Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year— #####

(A)details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and #####

(B)includes for each such member— ######

(i)an accounting of such costs; and ######

(ii)the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process. ####

(2)Personally identifiable information A report under paragraph

(1)shall not include the personally identifiable information of any member of the Coast Guard.