II 

110TH CONGRESS 

1ST SESSION S. 1113 

To facilitate the provision of care and services for members of the Armed 

Forces for traumatic brain injury, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2007 

Mr. BAYH (for himself and Mrs. CLINTON) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To facilitate the provision of care and services for members 

of the Armed Forces for traumatic brain injury, 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 ‘‘Traumatic Brain In5 jury Access to Options Act’’. 

6 SEC. 2. CARE AND SERVICES FOR MEMBERS OF THE 

7 ARMED FORCES FOR TRAUMATIC BRAIN IN8 JURY. 

9 (a) RETENTION ON ACTIVE DUTY.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (3) and subject to paragraph (4), the Sec3 retary of Defense shall prescribe regulations to en4 sure that each member of the Armed Forces who in5 curs a covered traumatic brain injury while on active 

6 duty in the Armed Forces shall be retained on active 

7 duty in the Armed Forces for one year after the 

8 medical assessment of their ability to perform their 

9 activities of daily living (ADL). 

10 (2) LIMITATION ON PHYSICAL EVALUATION

11 BOARD.—A member of the Armed Forces who is re12 tained on active duty under paragraph (1) may not 

13 be evaluated by a Physical Evaluation Board for 

14 purposes of determining the eligibility of the member 

15 for retirement or separation for disability under law 

16 during the one-year period described in that para17 graph. 

18 (3) ELECTION OF INAPPLICABILITY.—(A) Para19 graph (1) shall not apply to a member of the Armed 

20 Forces otherwise described by that paragraph— 

21 (i) upon the election of the member; or 

22 (ii) if the member is incapacitated or oth23 erwise incapable of making the election— 

24 (I) upon the election of the family 

25 member; 


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1 (II) upon the election of the legal 

2 guardian of the member under a medical 

3 power of attorney; or 

4 (III) if the member does not have any 

5 family members or a medical power of at6 torney, the person appointed by the Sec7 retary of the military department con8 cerned to act as the medical advocate to 

9 ensure the proper receipt by the member of 

10 such care and services for the covered 

11 traumatic brain injury as are available to 

12 the member through the Department of 

13 Defense. 

14 (B) In any case where a family member or legal 

15 guardian of a member of the Armed Forces is 

16 present, the medical advocate shall provide a written 

17 summary of benefits from the Department of De18 fense and the Department of Veterans Affairs that 

19 are available to the member of the Armed Forces for 

20 the injury or injuries involved. 

21 (C) Any individual who carries out the duties of 

22 a medical advocate under this paragraph shall re23 ceive such training for the discharge of such duties, 

24 including training in applicable protocols of the De25 partment of Defense and the Department of VetVerDate Aug 31 2005 06:46 Apr 17, 2007 Jkt 059196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1113.IS S1113

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1 erans Affairs, as the Secretary of Defense (in con2 sultation with the Secretary of Veterans Affairs) 

3 considers appropriate. 

4 (D) The Secretary of Defense shall prescribe 

5 regulations to carry out this paragraph. 

6 (4) EXTENSION OF PERIOD OF RETENTION ON

7 ACTIVE DUTY.—The period of retention of a member 

8 of the Armed Forces on active duty under paragraph 

9 (1) may be such period longer than the period other10 wise provided under that paragraph as the Secretary 

11 of the military department concerned considers ap12 propriate in light of the medical progress of the 

13 member for the covered traumatic brain injury, as 

14 determined by such Secretary in consultation with 

15 the medical personnel providing care to the member 

16 for the covered traumatic brain injury and the fam17 ily member, legal guardian, or medical advocate of 

18 the member. 

19 (5) PURPOSES OF RETENTION ON ACTIVE

20 DUTY.—The purposes of retaining a member of the 

21 Armed Forces on active duty under paragraph (1) 

22 shall include, but not be limited to, the following: 

23 (A) The provision of recurring medical 

24 evaluations of the member for the effects of a 

25 covered traumatic brain injury. 


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1 (B) The provision of cognitive therapy for 

2 the member for a covered traumatic brain in3 jury, including cognitive therapy through med4 ical facilities of the Veterans Administration 

5 and private rehabilitation hospitals or facilities 

6 with the cost of such therapy borne by the De7 partment of Defense. 

8 (6) SUNSET.—This subsection shall expire on 

9 the date that is five years after the date of the en10 actment of this Act. However, any member of the 

11 Armed Forces retained on active duty under para12 graph (1) before that date may be retained on active 

13 duty in accordance with this subsection after that 

14 date. 

15 (b) COMPTROLLER GENERAL ASSESSMENTS OF

16 CARE AND SERVICES PROVIDED BY DEPARTMENT OF DE17 FENSE AND DEPARTMENT OF VETERANS AFFAIRS.—Not 

18 later than two years after the date of the enactment of 

19 this Act, and every year thereafter, the Comptroller Gen20 eral of the United States shall submit to Congress a report 

21 assessing the discrepancies in benefits and services avail22 able to members of the Armed Forces on active duty and 

23 medically retired members of the Armed Forces with trau24 matic brain injuries. Each such report shall identify and 

25 address such discrepancies. 


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1 (c) DEADLINE FOR REGULATIONS.—The Secretary of 

2 Defense shall prescribe the regulations required by this 

3 section not later than 90 days after the date of the enact4 ment of this Act. 

5 (d) COVERED TRAUMATIC BRAIN INJURY DE6 FINED.—In this section, the term ‘‘covered traumatic 

7 brain injury’’, in the case of a member of the Armed 

8 Forces, means a traumatic brain injury as a result of 

9 which the member is unable to perform the activities of 

10 daily living (ADL) for a period of least five consecutive 

11 days from the date of medical assessment. 

Æ 


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