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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1065 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1065

  To improve the diagnosis and treatment of traumatic brain injury in 
 members and former members of the Armed Forces, to review and expand 
telehealth and telemental health programs of the Department of Defense 
    and the Department of Veterans Affairs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2007

  Mrs. Clinton (for herself and Ms. Collins) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL

 
  To improve the diagnosis and treatment of traumatic brain injury in 
 members and former members of the Armed Forces, to review and expand 
telehealth and telemental health programs of the Department of Defense 
    and the Department of Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Heroes at Home Act of 2007''.

SEC. 2. PROTOCOL FOR ASSESSMENT AND DOCUMENTATION OF COGNITIVE 
              FUNCTIONING OF EACH DEPLOYED MEMBERS OF THE ARMED FORCES.

    (a) Protocol Required.--The Secretary of Defense shall establish a 
protocol for the assessment and documentation of the cognitive 
(including memory) functioning of each member of the Armed Forces 
before each such member is deployed in Operation Enduring Freedom or 
Operation Iraqi Freedom, to facilitate the assessment of the cognitive 
(including memory) functioning of each such member upon returning from 
such deployment.
    (b) Diagnosis of Traumatic Brain Injury and Post Traumatic Stress 
Disorder.--
            (1) In general.--The Secretary shall ensure that the 
        protocol required by subsection (a) provides appropriate 
        mechanisms to permit the differential diagnosis of traumatic 
        brain injury (TBI) and post traumatic stress disorder (PTSD) in 
        members of the Armed Forces who return from deployment in 
        Operation Enduring Freedom or Operation Iraqi Freedom.
            (2) Additional purposes.--Except as provided in subsection 
        (d), the Secretary may use the protocol for such other purposes 
        as the Secretary considers appropriate.
    (c) Neurocognitive Assessments.--
            (1) In general.--The protocol required by subsection (a) 
        shall include the administration of computer-based 
        neurocognitive assessments to members of the Armed Forces.
            (2) Frequency.--The assessments required by paragraph (1) 
        shall be administered at least once to each member of the Armed 
        Forces--
                    (A) before deploying to Operation Enduring Freedom 
                or Operation Iraqi Freedom; and
                    (B) upon returning from such deployment.
            (3) Development of assessment.--In developing the computer-
        based assessment required by paragraph (1), the Secretary may 
        use or adopt a current commercial product or develop a new 
        computer-based assessment.
            (4) Format of assessment.--The format of the assessments 
        required by paragraph (1) shall be the same for each 
        administration described in paragraph (2).
    (d) Prohibition on Use of Protocol To Determine Deployment 
Readiness.--The Secretary may not use the result of any assessment that 
is part of the protocol required by subsection (a) to determine the 
deployment readiness of any member of the Armed Forces.
    (e) Availability of Medical Data.--The Secretary shall make 
available such medical data on the cognitive (including memory) 
functioning of members of the Armed Forces who are deployed in 
Operation Enduring Freedom or Operation Iraqi Freedom that is obtained 
from the protocol required by subsection (a) as the Secretary considers 
appropriate to--
            (1) combat medics and other Department of Defense personnel 
        who provide medical services to such members; and
            (2) such entities as the Secretary considers appropriate.
    (f) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the implementation of this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Defense to carry out this section 
amounts as follows:
            (1) For fiscal year 2008, $3,750,000.
            (2) For fiscal years 2009 through 2012, such sums as may be 
        necessary.

SEC. 3. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER 
              PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE 
              ARMED FORCES WITH TRAUMATIC BRAIN INJURY.

    (a) Program on Training and Certification of Family Caregiver 
Personal Care Attendants.--The Secretary of Veterans Affairs shall 
establish a program on training and certification of family caregivers 
of veterans and members of the Armed Forces with traumatic brain injury 
as personal care attendants of such veterans and members.
    (b) Location.--The program required by subsection (a) shall be 
located in each of the polytrauma centers of the Department of Veterans 
Affairs designated as a Tier I polytrauma center.
    (c) Training Curricula.--
            (1) In general.--The Secretary of Veterans Affairs shall, 
        in collaboration with the Secretary of Defense, develop 
        curricula for the training of personal care attendants 
        described in subsection (a). Such curricula shall incorporate 
        applicable standards and protocols utilized by certification 
        programs of national brain injury care specialist 
        organizations.
            (2) Use of existing curricula.--In developing the curricula 
        required by paragraph (1), the Secretary of Veterans Affairs 
        shall, to the extent practicable, utilize and expand upon 
        training curricula developed pursuant to section 744(b) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2308).
    (d) Program Participation.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        determine the eligibility of a family member of a veteran or 
        member of the Armed Forces for participation in the program 
        required by subsection (a).
            (2) Basis for determination.--A determination made under 
        paragraph (1) shall be based on the clinical needs of the 
        veteran or member of the Armed Forces concerned, as determined 
        by the physician of such veteran or member.
    (e) Eligibility for Compensation.--A family caregiver of a veteran 
or member of the Armed Forces who receives certification as a personal 
care attendant under this section shall be eligible for compensation 
from the Department of Veterans Affairs for care provided to such 
veteran or member.
    (f) Costs of Training.--
            (1) Training of families of veterans.--Any costs of 
        training provided under the program under this section for 
        family members of veterans shall be borne by the Secretary of 
        Veterans Affairs.
            (2) Training of families of members of the armed forces.--
        The Secretary of Defense shall reimburse the Secretary of 
        Veterans Affairs for any costs of training provided under the 
        program under this section for family members of members of the 
        Armed Forces. Amounts for such reimbursement shall be derived 
        from amounts available for Defense Health Program for the 
        TRICARE program.
    (g) Construction.--Nothing in this section shall be construed to 
require or permit the Secretary of Veterans Affairs to deny 
reimbursement for health care services provided to a veteran with a 
brain injury to a personal care attendant who is not a family member of 
such veteran.

SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF 
              DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Telehealth and Telemental Health Demonstration Project.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall jointly establish a demonstration 
        project to assess the feasibility and advisability of using 
        telehealth technology to assess cognitive (including memory) 
        functioning of members and former members of the Armed Forces 
        who have sustained head trauma, in order to improve the 
        diagnosis and treatment of traumatic brain injury.
            (2) Location.--
                    (A) In general.--The Secretary of Defense and the 
                Secretary of Veterans Affairs shall carry out the 
                demonstration project required by paragraph (1) at one 
                or more locations selected by the Secretaries for 
                purposes of the demonstration project.
                    (B) Priority for rural areas.--In selecting 
                locations to carry out the demonstration project 
                required by paragraph (1), the Secretary of Defense and 
                the Secretary of Veterans Affairs shall give priority 
                to locations that would provide service in a rural 
                area.
            (3) Requirements.--The demonstration project required by 
        paragraph (1) shall include the following:
                    (A) The use of telehealth technology to assess the 
                cognitive (including memory) functioning of a member or 
                former member of the Armed Forces, including the 
                following:
                            (i) Obtaining information regarding the 
                        nature of any brain injury incurred by such 
                        member or former member.
                            (ii) Assessing any symptoms of traumatic 
                        brain injury in such member or former member.
                    (B) The use of telehealth technology to 
                rehabilitate members or former members of the Armed 
                Forces who have traumatic brain injury, and the use, to 
                the extent practicable, of applicable standards and 
                protocols used by certification programs of national 
                brain injury care specialist organizations in order to 
                assess progress in such rehabilitation.
                    (C) The use of telehealth technology to disseminate 
                education material to members and former members of the 
                Armed Forces and the family members of such members on 
                techniques, strategies, and skills for caring for and 
                assisting such members, and to the extend practicable, 
                such education materials shall incorporate training 
                curricula developed pursuant to section 744(b) of the 
                John Warner National Defense Authorization Act for 
                Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).
            (4) Use of proven technologies.--Any assessment 
        administered as a part of the demonstration project required by 
        paragraph (1) shall incorporate telemental health technology 
        that has proven effective in the diagnosis and treatment of 
        mental health conditions associated with traumatic brain 
        injury.
            (5) Administration.--
                    (A) In general.--The demonstration project required 
                by paragraph (1) shall be administered under the joint 
                incentives program and carried out pursuant to section 
                8111(d) of title 38, United States Code.
                    (B) Funding.--Amounts to carry out the 
                demonstration project shall be derived from amounts in 
                the DOD-VA Health Care Sharing Incentive Fund 
                established under paragraph (2) of such section.
            (6) Report.--
                    (A) In general.--The Secretary of Defense and the 
                Secretary of Veterans Affairs shall jointly submit to 
                Congress a report on the demonstration project required 
                by paragraph (1).
                    (B) Submission with annual joint report.--The 
                report required by subparagraph (A) shall be submitted 
                to Congress at the same time as the annual joint report 
                required by section 8111(f) of title 38, United States 
                Code, for the fiscal year following the fiscal year of 
                the date of the enactment of this Act.
    (b) Ongoing Study on Telehealth and Telemental Health Services.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall, through the Joint Executive Council 
        (JEC) of the Department of Defense and the Department of 
        Veterans Affairs, conduct an ongoing study of all matters 
        relating to the telehealth and telemental health services of 
        the Department of Defense and the Department of Veterans 
        Affairs.
            (2) Matters studied.--The matters studied under paragraph 
        (1) shall include the following:
                    (A) The number of members and former members of the 
                Armed Forces who have used telehealth or telemental 
                health services of the Department of Defense or the 
                Department of Veterans Affairs.
                    (B) The extent to which members of the National 
                Guard and the Reserves are utilizing telehealth or 
                telemental health services of the Department of Defense 
                or the Department of Veterans Affairs.
                    (C) The ways in which the Department of Defense and 
                the Department of Veterans Affairs can improve the 
                integration of telehealth and telemental health 
                services with clinical medicine.
                    (D) The extent to which telehealth and telemental 
                health services of the Department of Defense and the 
                Department of Veterans Affairs are provided in rural 
                settings and through community-based outpatient clinics 
                (CBOCs).
                    (E) Best practices of civilian mental health 
                providers and facilities with respect to the provision 
                of telehealth and telemental health services, including 
                how such practices can be adopted to improve telehealth 
                and telemental health services of the Department of 
                Defense and the Department of Veterans Affairs.
                    (F) The feasability and advisability of partnering 
                with civilian mental health facilities to provide 
                telehealth and telemental health services to members 
                and former members of the Armed Forces.
            (3) Annual reports.--Not later than one year after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        shall jointly submit to Congress a report on the findings of 
        the Joint Executive Counsel under this subsection during the 
        preceding year.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``national brain injury care specialist 
        organization'' means a national organization or association 
        with demonstrated experience in providing training, education, 
        and technical assistance in the provision of care for 
        individuals with brain injury.
            (2) The term ``neurocognitive'' means of, relating to, or 
        involving the central nervous system and cognitive or 
        information processing abilities (thinking, memory, and 
        reasoning), as well as sensory processing (sight, hearing, 
        touch, taste, and smell), and communication (expression and 
        understanding).
            (3) The term ``traumatic brain injury'' means an acquired 
        injury to the brain, including brain injuries caused by anoxia 
        due to trauma and such other injuries as the Secretary 
        considers appropriate, except that such term excludes brain 
        dysfunction caused by--
                    (A) congenital or degenerative disorders; or
                    (B) birth trauma.
                                 <all>
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