II 

110TH CONGRESS 

1ST SESSION S. 1283 

To amend title 10, United States Code, to improve the management of 

medical care, personnel actions, and quality of life issues for members 

of the Armed Forces who are receiving medical care in an outpatient 

status, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mr. PRYOR (for himself and Mr. CHAMBLISS) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to improve the 

management of medical care, personnel actions, and 

quality of life issues for members of the Armed Forces 

who are receiving medical care in an outpatient status, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Wounded Warrior Assistance Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WOUNDED WARRIOR ASSISTANCE 

Sec. 101. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 102. Establishment of a Department of Defense-wide Ombudsman Office. 

Sec. 103. Establishment of toll-free hot line for reporting deficiencies in medical 

services and medical-related support facilities and expedited response to reports of deficiencies. 

Sec. 104. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 105. Independent medical advocate for members before medical evaluation 

boards. 

Sec. 106. Training and workload for physical evaluation board liaison officers. 

Sec. 107. Standardized training program and curriculum for Department of 

Defense disability evaluation system. 

Sec. 108. Improved training for health care professionals, medical care case 

managers, and service member advocates on particular conditions of recovering service members. 

Sec. 109. Pilot program to establish an Army Wounded Warrior Battalion at 

an appropriate active duty base. 

Sec. 110. Criteria for removal of member from temporary disability retired list. 

Sec. 111. Improved transition of members of the Armed Forces to Department 

of Veterans Affairs upon retirement or separation. 

Sec. 112. Establishment of Medical Support Fund for support of members of 

the Armed Forces returning to military service or civilian life. 

Sec. 113. Oversight Board for Wounded Warriors. 

Sec. 114. Option for members of reserve components to use military medical 

treatment facilities closest to home for certain injuries. 

Sec. 115. Plans and research for reducing post traumatic stress disorder. 

TITLE II—STUDIES AND REPORTS 

Sec. 201. Annual report on military medical facilities. 

Sec. 202. Access of recovering service members to adequate outpatient residential facilities. 

Sec. 203. Evaluation and report on Department of Defense and Department of 

Veterans Affairs disability evaluation systems. 

Sec. 204. Study and report on support services for families of recovering service 

members. 

Sec. 205. Report on traumatic brain injury classifications. 

Sec. 206. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer Program. 

Sec. 207. Study and report on waiting periods for appointments at Department 

of Veterans Affairs medical facilities. 

Sec. 208. Study and report on standard soldier patient tracking system. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Moratorium on conversion to contractor performance of Department 

of Defense functions at military medical facilities. 

Sec. 302. Prohibition on transfer of resources from medical care. 

Sec. 303. Veterans beneficiary travel program. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

4 The term ‘‘congressional defense committees’’ has 

5 the meaning given that term in section 101(a)(16) 

6 of title 10, United States Code. 

7 (2) DISABILITY EVALUATION SYSTEM.—The 

8 term ‘‘disability evaluation system’’ means the De9 partment of Defense system or process for evalu10 ating the nature of and extent of disabilities affect11 ing members of the Armed Forces (other than the 

12 Coast Guard) and comprised of medical evaluation 

13 boards, physical evaluation boards, counseling of 

14 members, and final disposition by appropriate per15 sonnel authorities, as operated by the Secretaries of 

16 the military departments, and, in the case of the 

17 Coast Guard, a similar system or process operated 

18 by the Secretary of Homeland Security. 

19 (3) FAMILY MEMBER.—The term ‘‘family mem20 ber’’, with respect to a recovering service member, 

21 has the meaning given that term in section 411h(b) 

22 of title 37, United States Code. 

23 (4) RECOVERING SERVICE MEMBER.—The term 

24 ‘‘recovering service member’’ means a member of the 

25 Armed Forces, including a member of the National 

26 Guard or a Reserve, who is undergoing medical 


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1 treatment, recuperation, or therapy, or is otherwise 

2 in medical hold or holdover status, for an injury, ill3 ness, or disease incurred or aggravated while on ac4 tive duty in the Armed Forces. 

5 (5) MEDICAL CARE.—The term ‘‘medical care’’ 

6 includes mental health care. 

7 TITLE I—WOUNDED WARRIOR 

8 ASSISTANCE 

9 SEC. 101. IMPROVEMENTS TO MEDICAL AND DENTAL CARE 

10 FOR MEMBERS OF THE ARMED FORCES AS11 SIGNED TO HOSPITALS IN AN OUTPATIENT 

12 STATUS. 

13 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS14 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.— 

15 (1) IN GENERAL.—Chapter 55 of title 10, 

16 United States Code, is amended by inserting after 

17 section 1074k the following new section: 

18 ‘‘§ 1074l. Management of medical and dental care: 

19 members assigned to receive care in an 

20 outpatient status 

21 ‘‘(a) MEDICAL CARE CASE MANAGERS.—(1) A mem22 ber in an outpatient status at a military medical treatment 

23 facility shall be assigned a medical care case manager. 

24 ‘‘(2)(A) The duties of the medical care case manager 

25 shall include the following with respect to the member (or 


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1 the member’s immediate family if the member is incapable 

2 of making judgments about personal medical care): 

3 ‘‘(i) To assist in understanding the member’s 

4 medical status. 

5 ‘‘(ii) To assist in receiving prescribed medical 

6 care. 

7 ‘‘(iii) To conduct a review, at least once a week, 

8 of the member’s medical status. 

9 ‘‘(iv) To ensure the member has means to at10 tend all required medical appointments, to document 

11 attendance at such appointments, to follow up on 

12 unscheduled absence from such appointments, and 

13 to provide documentation to the member’s chain of 

14 command of attendance at such appointments. 

15 ‘‘(B) The weekly medical status review described in 

16 subparagraph (A)(iii) shall be conducted in person with 

17 the member. If such a review is not practicable, the med18 ical care case manager shall provide a written statement 

19 to the case manager’s supervisor indicating why an in-per20 son medical status review was not possible. 

21 ‘‘(3)(A) Except as provided in subparagraph (B), 

22 each medical care case manager shall be assigned to man23 age not more than 17 members in an outpatient status. 


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1 ‘‘(B) The Secretary concerned may waive for up to 

2 120 days the requirement of subparagraph (A) if required 

3 due to unforeseen circumstances. 

4 ‘‘(4)(A) The medical care case manager office at each 

5 facility shall be headed by a commissioned officer of appro6 priate rank and appropriate military occupation specialty, 

7 designator, or specialty code. 

8 ‘‘(B) For purposes of subparagraph (A), an appro9 priate military occupation specialty, designator, or spe10 cialty code includes membership in the Army Medical 

11 Corps, Army Medical Service Corps, Army Nurse Corps, 

12 Navy Medical Corps, Navy Medical Service Corps, Navy 

13 Nurse Corps, Air Force Medical Service, or other corps 

14 comprised of health care professionals at the discretion of 

15 the Secretary of Defense. 

16 ‘‘(5) The Secretary of Defense shall establish a stand17 ard training program and curriculum for medical care case 

18 managers. Successful completion of the training program 

19 shall be required before a person may assume the duties 

20 of a medical care case manager. 

21 ‘‘(6) The Secretary concerned shall ensure that med22 ical care case managers have the resources necessary to 

23 ensure that they expeditiously carry out the responsibil24 ities and duties of their position. 


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1 ‘‘(b) SERVICE MEMBER ADVOCATE.—(1) A member 

2 in an outpatient status shall be assigned a service member 

3 advocate. 

4 ‘‘(2) The duties of the service member advocate shall 

5 include— 

6 ‘‘(A) communicating with the member and with 

7 the member’s family or other individuals designated 

8 by the member; 

9 ‘‘(B) assisting with oversight of the member’s 

10 welfare and quality of life; and 

11 ‘‘(C) assisting the member in resolving prob12 lems involving financial, administrative, personnel, 

13 transitional, and other matters. 

14 ‘‘(3)(A) Except as provided in subparagraph (B), 

15 each service member advocate shall be assigned to not 

16 more than 30 members in an outpatient status. 

17 ‘‘(B) The Secretary concerned may waive for up to 

18 120 days the requirement of subparagraph (A) if required 

19 due to unforeseen circumstances. 

20 ‘‘(4) The service member advocate office at each facil21 ity shall be headed by a commissioned officer of appro22 priate rank and appropriate military occupation specialty, 

23 designator, or specialty code in order to handle service24 specific personnel and financial issues. 


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1 ‘‘(5) The Secretary of Defense shall establish a stand2 ard training program and curriculum for service member 

3 advocates. Successful completion of the training program 

4 shall be required before a person may assume the duties 

5 of a service member advocate. 

6 ‘‘(6) A service member advocate shall continue to per7 form the duties described in paragraph (2) with respect 

8 to a member until the member is returned to duty or sepa9 rated or retired from the armed forces. 

10 ‘‘(7) The Secretary concerned shall ensure that serv11 ice member advocates have the resources necessary to en12 sure that they expeditiously carry out the responsibilities 

13 and duties of their position. 

14 ‘‘(c) OUTREACH.—The Secretary of Defense shall 

15 make available to each member beginning treatment in an 

16 outpatient status at a military medical treatment facility, 

17 and to the family members of all such members, informa18 tion on the availability of services provided by the medical 

19 care case managers and service member advocates, includ20 ing information on how to contact such managers and ad21 vocates and how to use their services. 

22 ‘‘(d) SEMIANNUAL SURVEYS BY SECRETARIES CON23 CERNED.—The Secretary concerned shall conduct a semi24 annual survey of members in an outpatient status at in25 stallations under the Secretary’s supervision. The survey 


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1 shall include, at a minimum, the members’ assessment of 

2 the quality of medical care at the facility, the timeliness 

3 of medical care at the facility, the adequacy of living facili4 ties and other quality of life programs, the adequacy of 

5 case management support, and the fairness and timeliness 

6 of the physical disability evaluation system. The survey 

7 shall be conducted in coordination with installation med8 ical commanders and authorities, and shall be coordinated 

9 with such commanders and authorities before submission 

10 to the Secretary. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘member in an outpatient status’ 

13 means a member of the armed forces assigned to a 

14 military medical treatment facility as an outpatient 

15 or to a unit established for the purpose of providing 

16 command and control of members receiving medical 

17 care as outpatients. 

18 ‘‘(2) The term ‘disability evaluation system’ 

19 means the Department of Defense system or process 

20 for evaluating the nature of and extent of disabilities 

21 affecting members of the armed forces (other than 

22 the Coast Guard) and comprised of medical evalua23 tion boards, physical evaluation boards, counseling 

24 of members, and final disposition by appropriate 

25 personnel authorities, as operated by the Secretaries 


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1 of the military departments, and, in the case of the 

2 Coast Guard, a similar system or process operated 

3 by the Secretary of Homeland Security.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by adding at the end the following new item: 

‘‘1074l. Management of medical and dental care: members assigned to receive 

care in an outpatient status.’’. 

7 (b) EFFECTIVE DATE.—Section 1074l of title 10, 

8 United States Code, as added by subsection (a), shall take 

9 effect 180 days after the date of the enactment of this 

10 Act. 

11 SEC. 102. ESTABLISHMENT OF A DEPARTMENT OF DE12 FENSE-WIDE OMBUDSMAN OFFICE. 

13 (a) ESTABLISHMENT.—The Secretary of Defense 

14 shall establish a Department of Defense-wide Ombudsman 

15 Office (in this section referred to as the ‘‘Ombudsman Of16 fice’’) within the Office of the Secretary of Defense. 

17 (b) FUNCTIONS.— 

18 (1) IN GENERAL.—The functions of the Om19 budsman Office are to provide policy guidance to, 

20 and oversight of, the ombudsman offices in the mili21 tary departments. 

22 (2) POLICY GUIDANCE.—The Ombudsman Of23 fice shall develop policy guidance with respect to the 

24 following: 


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1 (A) Providing assistance to and answering 

2 questions from recovering service members and 

3 their families regarding— 

4 (i) administrative processes, financial 

5 matters, and non-military related services 

6 available to the members and their families 

7 throughout the member’s evaluation, treat8 ment, and recovery; 

9 (ii) transfer to the care of the Vet10 erans Administration; and 

11 (iii) support services available upon 

12 the member’s return home. 

13 (B) Accountability standards, including— 

14 (i) creating and maintaining case files 

15 for individual specific questions received, 

16 and initiating inquiries and tracking re17 sponses for all such questions; 

18 (ii) setting standards for timeliness of 

19 responses; and 

20 (iii) setting standards for account21 ability to recovering service members and 

22 their families, including requirements for 

23 daily updates to the members and their 

24 families about steps being taken to alleviVerDate Aug 31 2005 22:40 May 04, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1283.IS S1283

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1 ate problems and concerns until problems 

2 are addressed. 

3 (3) REPOSITORY OF LESSONS LEARNED.—The 

4 Ombudsman Office shall also serve as a repository 

5 for lessons learned and best practices. In coordina6 tion with the ombudsman offices of the military de7 partments, the Ombudsman Office shall follow 

8 trends, facilitate resolution of recurring issues, and 

9 ensure the dissemination of best practices to the 

10 military departments on the matters covered by the 

11 Ombudsman Office. The Ombudsman Office shall 

12 develop and implement recommendations, and 

13 present findings, to the Secretary of Defense on 

14 such practices when applicable. 

15 (c) STATUS REPORTS.—The ombudsman office in 

16 each military department shall submit status reports of 

17 actions taken to address individual concerns to the Om18 budsman Office, at such times as the Ombudsman Office 

19 considers appropriate. Such reports shall include— 

20 (1) a description of trends, lessons learned, and 

21 best practices on the matters covered by the om22 budsman offices, including the dissemination of such 

23 information through the military departments; and 


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1 (2) a description of any actions to be taken, or 

2 policy to be developed, in light of the trends or les3 sons described in paragraph (1). 

4 (d) RESPONSES FROM OTHER OFFICES.—The Sec5 retary of Defense shall ensure that all other offices within 

6 the Department of Defense and the military departments 

7 respond in a timely manner to resolve questions and re8 quests from the Ombudsman Office on behalf of recov9 ering service members and their families, including offices 

10 responsible for medical matters (including medical hold 

11 and medical holdover processes), financial and accounting 

12 matters, legal matters, human resources matters, reserve 

13 component matters, installation and management matters, 

14 and physical disability matters. 

15 (e) STAFF OF OFFICE.—The staff of the Ombudsman 

16 Office shall include representatives from each military de17 partment, including persons with experience in medical 

18 hold and medical holdover processes and other medical 

19 matters. 


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1 SEC. 103. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR 

2 REPORTING DEFICIENCIES IN MEDICAL 

3 SERVICES AND MEDICAL-RELATED SUPPORT 

4 FACILITIES AND EXPEDITED RESPONSE TO 

5 REPORTS OF DEFICIENCIES. 

6 (a) ESTABLISHMENT.—Chapter 80 of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new section: 

9 ‘‘§ 1567. Identification and investigation of defi10 ciencies: medical services; adequacy, 

11 quality, and state of repair of medical-re12 lated support facilities 

13 ‘‘(a) TOLL-FREE HOT LINE.—(1) The Secretary of 

14 Defense shall establish and maintain a toll-free telephone 

15 number (commonly referred to as a ‘hot line’) at which 

16 personnel are accessible at all times to collect, maintain, 

17 and update information regarding possible deficiencies in 

18 medical services and in the adequacy, quality, and state 

19 of repair of medical-related support facilities. 

20 ‘‘(2) The toll-free telephone number shall be manned 

21 by personnel affiliated with the armed forces who have a 

22 working relationship with the military medical community 

23 and are located in the United States. 

24 ‘‘(3) The Secretary shall widely disseminate informa25 tion regarding the existence and availability of the toll26 free telephone number to members of the armed forces 


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1 and their dependents upon the initial enlistment of mem2 bers of the armed forces and upon the admission of mem3 bers of the armed forces for treatment in medical-related 

4 support facilities. 

5 ‘‘(b) CONFIDENTIALITY.—(1) Individuals who seek to 

6 provide information through use of the toll-free telephone 

7 number under subsection (a) shall be notified, immediately 

8 before they provide such information, of their option to 

9 elect, at their discretion, to have their identity remain con10 fidential. 

11 ‘‘(2) In the case of information provided through use 

12 of the toll-free telephone number by an individual who 

13 elects to maintain the confidentiality of his or her identity, 

14 any individual who, by necessity, has had access to such 

15 information for purposes of conducting the investigation 

16 or executing the response plan required by subsection (c) 

17 may not disclose the identity of the individual who pro18 vided the information. 

19 ‘‘(c) INVESTIGATION AND RESPONSE PLAN.—Not 

20 later than 96 hours after a report of deficiencies in med21 ical services, or in the adequacy, quality, or state of repair 

22 of a medical-related support facility, is received by way 

23 of the toll-free telephone number or other source, the Sec24 retary of Defense shall ensure that— 


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1 ‘‘(1) the deficiencies referred to in the report 

2 are investigated; and 

3 ‘‘(2) if substantiated, a plan of action for reme4 diation of the deficiencies is developed and imple5 mented. 

6 ‘‘(d) RELOCATION.—If the Secretary of Defense de7 termines, on the basis of the investigation conducted in 

8 response to a report of deficiencies at a medical-related 

9 support facility, that conditions at the facility violate 

10 health and safety standards, the Secretary shall relocate 

11 the occupants of the facility while the violations are cor12 rected. 

13 ‘‘(e) MEDICAL-RELATED SUPPORT FACILITY DE14 FINED.—In this section, the term ‘medical-related support 

15 facility’ means any facility of the Department of Defense 

16 that provides support to any of the following: 

17 ‘‘(1) Members of the armed forces admitted for 

18 treatment to a military medical treatment facility. 

19 ‘‘(2) Members of the armed forces assigned to 

20 a military medical treatment facility as an out21 patient. 

22 ‘‘(3) Family members accompanying any mem23 ber described in paragraph (1) or (2) as a nonmed24 ical attendant.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘1567. Identification and investigation of deficiencies: medical services; adequacy, quality, and state of repair of medical-related support 

facilities.’’. 

4 (c) EFFECTIVE DATE.—The toll-free telephone num5 ber required to be established by section 1567 of title 10, 

6 United States Code, as added by subsection (a), shall be 

7 fully operational not later than 180 days after the date 

8 of the enactment of this Act. 

9 SEC. 104. NOTIFICATION TO CONGRESS OF HOSPITALIZA10 TION OF COMBAT WOUNDED SERVICE MEM11 BERS. 

12 (a) NOTIFICATION REQUIRED.—Chapter 55 of title 

13 10, United States Code, is further amended by inserting 

14 after section 1074l the following new section: 

15 ‘‘§ 1074m. Notification to Congress of hospitalization 

16 of combat wounded members 

17 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con18 cerned shall provide notification of the hospitalization of 

19 any member of the armed forces evacuated from a theater 

20 of combat to the appropriate Members of Congress. 

21 ‘‘(b) APPROPRIATE MEMBERS.—In this section, the 

22 term ‘appropriate Members of Congress’, with respect to 

23 the member of the armed forces about whom notification 

24 is being made, means the Senators and the Members of 


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1 the House of Representatives representing the States or 

2 districts, respectively, that include the member’s home of 

3 record and, if different, the residence of the next of kin, 

4 or a different location as provided by the member. 

5 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifi6 cation under subsection (a) may be provided only with the 

7 consent of the member of the armed forces about whom 

8 notification is to be made.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘1074m. Notification to Congress of hospitalization of combat wounded members.’’. 

12 SEC. 105. INDEPENDENT MEDICAL ADVOCATE FOR MEM13 BERS BEFORE MEDICAL EVALUATION 

14 BOARDS. 

15 (a) ASSIGNMENT OF INDEPENDENT MEDICAL ADVO16 CATE.—Section 1222 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM20 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

21 Secretary of each military department shall ensure, in the 

22 case of any member of the armed forces being considered 

23 by a medical evaluation board under that Secretary’s su24 pervision, that the member has access to a physician or 


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1 other appropriate health care professional who is inde2 pendent of the medical evaluation board. 

3 ‘‘(2) The physician or other health care professional 

4 assigned to a member shall— 

5 ‘‘(A) serve as an advocate for the best interests 

6 of the member; and 

7 ‘‘(B) provide the member with advice and coun8 sel regarding the medical condition of the member 

9 and the findings and recommendations of the med10 ical evaluation board.’’. 

11 (b) CLERICAL AMENDMENTS.— 

12 (1) SECTION HEADING.—The heading of such 

13 section is amended to read as follows: 

14 ‘‘§ 1222. Physical evaluation boards and medical eval15 uation boards’’. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 61 of such title is 

18 amended by striking the item relating to section 

19 1222 and inserting the following new item: 

‘‘1222. Physical evaluation boards and medical evaluation boards.’’. 

20 (c) EFFECTIVE DATE.—Subsection (d) of section 

21 1222 of title 10, United States Code, as added by sub22 section (a), shall apply with respect to medical evaluation 

23 boards convened after the end of the 180-day period begin24 ning on the date of the enactment of this Act. 


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1 SEC. 106. TRAINING AND WORKLOAD FOR PHYSICAL EVAL2 UATION BOARD LIAISON OFFICERS. 

3 (a) REQUIREMENTS.—Section 1222(b) of title 10, 

4 United States Code, is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘establishing—’’ and all 

7 that follows through ‘‘a requirement’’ and in8 serting ‘‘establishing a requirement’’; and 

9 (B) by striking ‘‘that Secretary; and’’ and 

10 all that follows through the end of subpara11 graph (B) and inserting ‘‘that Secretary. A 

12 physical evaluation board liaison officer may 

13 not be assigned more than 20 members at any 

14 one time, except that the Secretary concerned 

15 may authorize the assignment of additional 

16 members, for not more than 120 days, if re17 quired due to unforeseen circumstances.’’; 

18 (2) in paragraph (2), by inserting after ‘‘(2)’’ 

19 the following new sentences: ‘‘The Secretary of De20 fense shall establish a standardized training program 

21 and curriculum for physical evaluation board liaison 

22 officers. Successful completion of the training pro23 gram shall be required before a person may assume 

24 the duties of a physical evaluation board liaison offi25 cer.’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) In this subsection, the term ‘physical evaluation 

4 board liaison officer’ includes any person designated as, 

5 or assigned the duties of, an assistant to a physical evalua6 tion board liaison officer.’’. 

7 (b) EFFECTIVE DATE.—The limitation on the max8 imum number of members of the Armed Forces who may 

9 be assigned to a physical evaluation board liaison officer 

10 shall take effect 180 days after the date of the enactment 

11 of this Act. The training program and curriculum for 

12 physical evaluation board liaison officers shall be imple13 mented not later than 180 days after the date of the en14 actment of this Act. 

15 SEC. 107. STANDARDIZED TRAINING PROGRAM AND CUR16 RICULUM FOR DEPARTMENT OF DEFENSE 

17 DISABILITY EVALUATION SYSTEM. 

18 (a) TRAINING PROGRAM REQUIRED.—Section 1216 

19 of title 10, United States Code, is amended by adding at 

20 the end the following new subsection: 

21 ‘‘(e)(1) The Secretary of Defense shall establish a 

22 standardized training program and curriculum for persons 

23 described in paragraph (2) who are involved in the dis24 ability evaluation system. The training under the program 

25 shall be provided as soon as practicable in coordination 


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1 with other training associated with the responsibilities of 

2 the person. 

3 ‘‘(2) Persons covered by paragraph (1) include— 

4 ‘‘(A) Commanders. 

5 ‘‘(B) Enlisted members who perform super6 visory functions. 

7 ‘‘(C) Health care professionals. 

8 ‘‘(D) Others persons with administrative, pro9 fessional, or technical responsibilities in the dis10 ability evaluation system. 

11 ‘‘(3) In this subsection, the term ‘disability evaluation 

12 system’ means the Department of Defense system or proc13 ess for evaluating the nature of and extent of disabilities 

14 affecting members of the armed forces (other than the 

15 Coast Guard) and comprised of medical evaluation boards, 

16 physical evaluation boards, counseling of members, and 

17 final disposition by appropriate personnel authorities, as 

18 operated by the Secretaries of the military departments, 

19 and, in the case of the Coast Guard, a similar system or 

20 process operated by the Secretary of Homeland Security.’’. 

21 (b) EFFECTIVE DATE.—The standardized training 

22 program and curriculum required by subsection (e) of sec23 tion 1216 of title 10, United States Code, as added by 

24 subsection (a), shall be established not later than 180 days 

25 after the date of the enactment of this Act. 


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1 SEC. 108. IMPROVED TRAINING FOR HEALTH CARE PRO2 FESSIONALS, MEDICAL CARE CASE MAN3 AGERS, AND SERVICE MEMBER ADVOCATES 

4 ON PARTICULAR CONDITIONS OF RECOV5 ERING SERVICE MEMBERS. 

6 (a) RECOMMENDATIONS.—Not later than 90 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Defense shall submit to the appropriate congressional 

9 committees a report setting forth recommendations for the 

10 improvement of the training provided to health care pro11 fessionals, medical care case managers, and service mem12 ber advocates who provide care for or assistance to recov13 ering service members. The recommendations shall in14 clude, at a minimum, specific recommendations to ensure 

15 that such health care professionals, medical care case 

16 managers, and service member advocates are adequately 

17 trained and able to detect early warning signs of post18 traumatic stress disorder (PTSD), suicidal tendencies, 

19 and other mental health conditions among recovering serv20 ice members and make prompt notification to the appro21 priate health care professionals. 

22 (b) ANNUAL REVIEW OF TRAINING.—Not later than 

23 180 days after the date of the enactment of this Act and 

24 annually thereafter, the Secretary shall submit to the ap25 propriate congressional committees a report on the fol26 lowing: 


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1 (1) The progress made in providing the training 

2 recommended under subsection (a). 

3 (2) The quality of training provided to health 

4 care professionals, medical care case managers, and 

5 service member advocates, and the number of such 

6 professionals, managers, and advocates trained. 

7 (c) TRACKING SYSTEM.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 shall develop a system to track the number of notifications 

10 made by medical care case managers and service member 

11 advocates to health care professionals regarding early 

12 warning signs of post-traumatic stress disorder and sui13 cide in recovering service members assigned to the man14 agers and advocates. 

15 SEC. 109. PILOT PROGRAM TO ESTABLISH AN ARMY 

16 WOUNDED WARRIOR BATTALION AT AN AP17 PROPRIATE ACTIVE DUTY BASE. 

18 (a) PILOT PROGRAM REQUIRED.— 

19 (1) ESTABLISHMENT.—The Secretary of the 

20 Army shall establish a pilot program, at an appro21 priate active duty base with a major medical facility, 

22 based on the Wounded Warrior Regiment program 

23 of the Marine Corps. The pilot program shall be 

24 known as the Army Wounded Warrior Battalion. 


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1 (2) PURPOSE.—Under the pilot program, the 

2 Battalion shall track and assist members of the 

3 Armed Forces in an outpatient status who are still 

4 in need of medical treatment through— 

5 (A) the course of their treatment; 

6 (B) medical and physical evaluation 

7 boards; 

8 (C) transition back to their parent units; 

9 and 

10 (D) medical retirement and subsequent 

11 transition into the Department of Veterans Af12 fairs medical system. 

13 (3) ORGANIZATION.—The commanding officer 

14 of the Battalion shall be selected by the Army Chief 

15 of Staff and shall be a post-command, at O–5 or O– 

16 5 select, with combat experience in Operation Iraqi 

17 Freedom or Operation Enduring Freedom. The 

18 chain-of-command shall be filled by previously 

19 wounded junior officers and non-commissioned offi20 cers when available and appropriate. 

21 (4) FACILITIES.—The base selected for the 

22 pilot program shall provide adequate physical infra23 structure to house the Army Wounded Warrior Bat24 talion. Any funds necessary for construction or ren25 ovation of existing facilities shall be allocated from 


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1 the Department of Defense Medical Support Fund 

2 established under this Act. 

3 (5) COORDINATION.—The Secretary of the 

4 Army shall consult with appropriate Marine Corps 

5 counterparts to ensure coordination of best practices 

6 and lessons learned. 

7 (6) PERIOD OF PILOT PROGRAM.—The pilot 

8 program shall be in effect for a period of one year. 

9 (b) REPORTING REQUIREMENT.—Not later than 90 

10 days after the end of the one-year period for the pilot 

11 project, the Secretary of the Army shall submit to Con12 gress a report containing— 

13 (1) an evaluation of the results of the pilot 

14 project; 

15 (2) an assessment of the Army’s ability to es16 tablish Wounded Warrior Battalions at other major 

17 Army bases. 

18 (3) recommendations regarding— 

19 (A) the adaptability of the Wounded War20 rior Battalion concept for the Army’s larger 

21 wounded population; and 

22 (B) closer coordination and sharing of re23 sources with counterpart programs of the Ma24 rine Corps. 


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1 (c) EFFECTIVE DATE.—The pilot program required 

2 by this section shall be implemented not later than 180 

3 days after the date of the enactment of this Act. 

4 SEC. 110. CRITERIA FOR REMOVAL OF MEMBER FROM TEM5 PORARY DISABILITY RETIRED LIST. 

6 (a) CRITERIA.—Section 1210(e) of title 10, United 

7 States Code, is amended by inserting ‘‘of a permanent na8 ture and stable and is’’ after ‘‘physical disability is’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply to any case received for consid11 eration by a physical evaluation board after the date of 

12 the enactment of this Act. 

13 SEC. 111. IMPROVED TRANSITION OF MEMBERS OF THE 

14 ARMED FORCES TO DEPARTMENT OF VET15 ERANS AFFAIRS UPON RETIREMENT OR SEP16 ARATION. 

17 (a) TRANSITION OF MEMBERS SEPARATED OR RE18 TIRED.— 

19 (1) TRANSITION PROCESS.—Chapter 58 of title 

20 10, United States Code, is amended by inserting 

21 after section 1142 the following new section: 


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1 ‘‘§ 1142a. Process for transition of members to health 

2 care and physical disability systems of 

3 Department of Veterans Affairs 

4 ‘‘(a) TRANSITION PLAN.—(1) The Secretary of De5 fense shall ensure that each member of the armed forces 

6 who is being separated or retired under chapter 61 of this 

7 title receives a written transition plan that— 

8 ‘‘(A) specifies the recommended schedule and 

9 milestones for the transition of the member from 

10 military service; and 

11 ‘‘(B) provides for a coordinated transition of 

12 the member from the Department of Defense dis13 ability system to the Department of Veterans Af14 fairs. 

15 ‘‘(2) A member being separated or retired under 

16 chapter 61 of this title shall receive the transition plan 

17 before the separation or retirement date of the member. 

18 ‘‘(3) The transition plan for a member under this 

19 subsection shall include information and guidance de20 signed to assist the member in understanding and meeting 

21 the schedule and milestones for the member’s transition. 

22 ‘‘(b) FORMAL TRANSITION PROCESS.—(1) The Sec23 retary of Defense, in cooperation with the Secretary of 

24 Veterans Affairs, shall establish a formal process for the 

25 transmittal to the Secretary of Veterans Affairs of the 

26 records and other information described in paragraph (2) 


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1 as part of the separation or retirement of a member of 

2 the armed forces under chapter 61 of this title. 

3 ‘‘(2) The records and other information to be trans4 mitted under paragraph (1) with respect to a member 

5 shall include, at a minimum, the following: 

6 ‘‘(A) The member’s address and contact infor7 mation. 

8 ‘‘(B) The member’s DD–214 discharge form, 

9 which shall be transmitted electronically. 

10 ‘‘(C) A copy of the member’s service record, in11 cluding medical records and any results of a Phys12 ical Evaluation Board. 

13 ‘‘(D) Whether the member is entitled to transi14 tional health care, a conversion health policy, or 

15 other health benefits through the Department of De16 fense under section 1145 of this title. 

17 ‘‘(E) Any requests by the member for assist18 ance in enrolling in, or completed applications for 

19 enrollment in, the health care system of the Depart20 ment of Veterans Affairs for health care benefits for 

21 which the member may be eligible under laws admin22 istered by the Secretary of Veterans Affairs. 

23 ‘‘(F) Any requests by the member for assist24 ance in applying for, or completed applications for, 

25 compensation and vocational rehabilitation benefits 


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1 to which the member may be entitled under laws ad2 ministered by the Secretary of Veterans Affairs, if 

3 the member is being medically separated or is being 

4 retired under chapter 61 of this title. 

5 ‘‘(3) The transmittal of information under paragraph 

6 (1) shall be subject to the consent of the member, as re7 quired by statute. 

8 ‘‘(4) With the consent of the member, the member’s 

9 address and contact information shall also be submitted 

10 to the department or agency for veterans affairs of the 

11 State in which the member intends to reside after the sep12 aration or retirement of the member. 

13 ‘‘(c) MEETING.—(1) The formal process required by 

14 subsection (b) for the transmittal of records and other in15 formation with respect to a member shall include a meet16 ing between representatives of the Secretary concerned 

17 and the Secretary of Veterans Affairs, which shall take 

18 place at a location designated by the Secretaries. The 

19 member shall be informed of the meeting at least 30 days 

20 in advance of the meeting, except that the member may 

21 waive the notice requirement in order to accelerate trans22 mission of the member’s records and other information to 

23 the Department of Veterans Affairs. 


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1 ‘‘(2) A member shall be given an opportunity to sub2 mit a written statement for consideration by the Secretary 

3 of Veterans Affairs. 

4 ‘‘(d) TIME FOR TRANSMITTAL OF RECORDS.—The 

5 Secretary concerned shall provide for the transmittal to 

6 the Department of Veterans Affairs of records and other 

7 information with respect to a member at the earliest prac8 ticable date. In no case should the transmittal occur later 

9 than the date of the separation or retirement of the mem10 ber. 

11 ‘‘(e) ARMED FORCES.—In this section, the term 

12 ‘armed forces’ means the Army, Navy, Air Force, and Ma13 rine Corps.’’. 

14 (2) TABLE OF SECTIONS.—The table of sections 

15 at the beginning of such chapter is amended by in16 serting after the item relating to section 1142 the 

17 following new item: 

‘‘1142a. Process for transition of members to health care and physical disability 

systems of Department of Veterans Affairs.’’. 

18 (b) UNIFORM SEPARATION AND EVALUATION PHYS19 ICAL.—Section 1145 of such title is amended— 

20 (1) by redesignating subsections (d) and (e) as 

21 subsections (e) and (f), respectively; and 

22 (2) by inserting after subsection (c) the fol23 lowing new subsection: 


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1 ‘‘(d) UNIFORM SEPARATION AND EVALUATION PHYS2 ICAL.—The joint separation and evaluation physical, as 

3 described in DD–2808 and DD–2697, shall be used by 

4 the Secretary of Defense in connection with the medical 

5 separation or retirement of all members of the armed 

6 forces, including members separated or retired under 

7 chapter 61 of this title. The Secretary of Veterans Affairs 

8 shall adopt the same separation and evaluation physical 

9 for use by the Department of Veterans Affairs.’’. 

10 (c) INTEROPERABILITY OF MEDICAL INFORMATION

11 SYSTEMS AND BI-DIRECTIONAL ACCESS.—The Secretary 

12 of Defense and the Secretary of Veterans Affairs shall es13 tablish and implement a single medical information system 

14 for the Department of Defense and the Department of 

15 Veterans Affairs for the purpose of ensuring the complete 

16 interoperability and bi-directional, real-time exchange of 

17 critical medical information. 

18 (d) CO-LOCATION OF VA BENEFIT TEAMS.— 

19 (1) CO-LOCATION.—The Secretary of Defense 

20 and the Secretary of Veterans Affairs shall jointly 

21 determine the optimal locations for the deployment 

22 of Department of Veterans Affairs benefits team to 

23 support recovering service members assigned to mili24 tary medical treatment facilities, medical-related 


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1 support facilities, and community-based health care 

2 organizations. 

3 (2) MILITARY MEDICAL TREATMENT FACILITY

4 DEFINED.—In this subsection, the term ‘‘medical-re5 lated support facility’’ has the meaning given that 

6 term in subsection (b) of section 490 of title 10, 

7 United States Code, as added by section 201(a) of 

8 this Act. 

9 (e) REPEAL OF SUPERSEDED CHAPTER 61 MEDICAL

10 RECORD TRANSMITTAL REQUIREMENT.— 

11 (1) REPEAL.—Section 1142 of such title is 

12 amended by striking subsection (c). 

13 (2) SECTION HEADING.—The heading of such 

14 section is amended to read as follows: 

15 ‘‘§ 1142. Preseparation counseling’’. 

16 (3) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 58 of such title is 

18 amended by striking the item relating to section 

19 1142 and inserting the following new item: 

‘‘1142. Preseparation counseling.’’. 

20 (f) EFFECTIVE DATES.—Section 1142a of title 10, 

21 United States Code, as added by subsection (a), and sub22 section (d) of section 1145 of such title, as added by sub23 section (b), shall apply with respect to members of the 

24 Armed Forces who are separated or retired from the 

25 Armed Forces on or after the first day of the eighth month 


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1 beginning after the date of the enactment of this Act. The 

2 requirements of subsections (c) and (d), and the amend3 ments made by subsection (e), shall take effect on the first 

4 day of such eighth month. 

5 SEC. 112. ESTABLISHMENT OF MEDICAL SUPPORT FUND 

6 FOR SUPPORT OF MEMBERS OF THE ARMED 

7 FORCES RETURNING TO MILITARY SERVICE 

8 OR CIVILIAN LIFE. 

9 (a) ESTABLISHMENT AND PURPOSE.—There is es10 tablished on the books of the Treasury a fund to be known 

11 as the Department of Defense Medical Support Fund 

12 (hereinafter in this section referred to as the ‘‘Fund’’), 

13 which shall be administered by the Secretary of the Treas14 ury. 

15 (b) PURPOSES.—The Fund shall be used— 

16 (1) to support programs and activities relating 

17 to the medical treatment, care, rehabilitation, recov18 ery, and support of wounded and injured members 

19 of the Armed Forces and their return to military 

20 service or transition to civilian society; and 

21 (2) to support programs and facilities intended 

22 to support the families of wounded and injured 

23 members of the Armed Forces. 


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1 (c) ASSETS OF FUND.—There shall be deposited into 

2 the Fund any amount appropriated to the Fund, which 

3 shall constitute the assets of the Fund. 

4 (d) TRANSFER OF FUNDS.— 

5 (1) AUTHORITY TO TRANSFER.—The Secretary 

6 of Defense may transfer amounts in the Fund to ap7 propriations accounts for military personnel; oper8 ation and maintenance; procurement; research, de9 velopment, test, and evaluation; military construc10 tion; and the Defense Health Program. Amounts so 

11 transferred shall be available to carry out this Act 

12 (and the amendments made by this Act) for the 

13 same time period as the appropriation account to 

14 which transferred. 

15 (2) ADDITION TO OTHER AUTHORITY.—The 

16 transfer authority provided in paragraph (1) is in 

17 addition to any other transfer authority available to 

18 the Department of Defense. Upon a determination 

19 that all or part of the amounts transferred from the 

20 Fund are not necessary for the purposes for which 

21 transferred, such amounts may be transferred back 

22 to the Fund. 

23 (3) NOTIFICATION.—The Secretary of Defense 

24 shall, not fewer than five days before making a 

25 transfer from the Fund, notify the congressional deVerDate Aug 31 2005 22:40 May 04, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1283.IS S1283

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1 fense committees in writing of the details of the 

2 transfer. 

3 (e) AUTHORIZATION.—There is hereby authorized to 

4 be appropriated to the Medical Support Fund, from an 

5 emergency supplemental appropriation for fiscal year 

6 2007 or 2008, $50,000,000, to remain available through 

7 September 30, 2008. 

8 SEC. 113. OVERSIGHT BOARD FOR WOUNDED WARRIORS. 

9 (a) ESTABLISHMENT.—There is hereby established a 

10 board to be known as the Oversight Board for Wounded 

11 Warriors (in this section referred to as the ‘‘Oversight 

12 Board’’). 

13 (b) COMPOSITION.—The Oversight Board shall be 

14 composed of 12 members, of whom— 

15 (1) two shall be appointed by the majority lead16 er of the Senate; 

17 (2) two shall be appointed by the minority lead18 er of the Senate; 

19 (3) two shall be appointed by the Speaker of 

20 the House of Representatives; 

21 (4) two shall be appointed by the minority lead22 er of the House of Representatives; 

23 (5) two shall be appointed by the Secretary of 

24 Veterans Affairs; and 


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1 (6) two shall be appointed by the Secretary of 

2 Defense. 

3 (c) QUALIFICATIONS.—All members of the Oversight 

4 Board shall have sufficient knowledge of, or experience 

5 with, the military healthcare system, the disability evalua6 tion system, or the experience of a recovering service mem7 ber or family member of a recovering service member. 

8 (d) APPOINTMENT.— 

9 (1) TERM.—Each member of the Oversight 

10 Board shall be appointed for a term of three years. 

11 A member may be reappointed for one or more addi12 tional terms. 

13 (2) VACANCIES.—Any vacancy in the Oversight 

14 Board shall be filled in the same manner in which 

15 the original appointment was made. 

16 (e) DUTIES.— 

17 (1) ADVICE AND CONSULTATION.—The Over18 sight Board shall provide advice and consultation to 

19 the Secretary of Defense and the Committees on 

20 Armed Services of the Senate and the House of Rep21 resentatives regarding— 

22 (A) the process for streamlining the dis23 ability evaluation systems of the military de24 partments; 


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1 (B) the process for correcting and improv2 ing the ratios of case managers and service 

3 member advocates to recovering service mem4 bers; 

5 (C) the need to revise Department of De6 fense policies to improve the experience of re7 covering service members while under Depart8 ment of Defense care; 

9 (D) the need to revise Department of De10 fense policies to improve counseling, outreach, 

11 and general services provided to family mem12 bers of recovering service members; 

13 (E) the need to revise Department of De14 fense policies regarding the provision of quality 

15 lodging to recovering service members; and 

16 (F) such other matters relating to the eval17 uation and care of recovering service members, 

18 including evaluation under disability evaluation 

19 systems, as the Board considers appropriate. 

20 (2) VISITS TO MILITARY MEDICAL TREATMENT

21 FACILITIES.—In carrying out its duties, each mem22 ber of the Oversight Board shall visit not less than 

23 three military medical treatment facilities each year, 

24 and the Board shall conduct each year one meeting 


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1 of all the members of the Board at a military med2 ical treatment facility. 

3 (f) STAFF.—The Secretary shall make available the 

4 services of at least two officials or employees of the De5 partment of Defense to provide support and assistance to 

6 members of the Oversight Board. 

7 (g) TRAVEL EXPENSES.—Members of the Oversight 

8 Board shall be allowed travel expenses, including per diem 

9 in lieu of subsistence, at rates authorized for employees 

10 of agencies under subchapter I of chapter 57 of title 5, 

11 United States Code, while away from their homes or reg12 ular places of business in the performance of service for 

13 the Oversight Board. 

14 (h) ANNUAL REPORTS.—The Oversight Board shall 

15 submit to the Secretary of Defense and the Committees 

16 on Armed Services of the Senate and the House of Rep17 resentatives each year a report on its activities during the 

18 preceding year, including any findings and recommenda19 tions of the Oversight Board as a result of such activities. 

20 SEC. 114. OPTION FOR MEMBERS OF RESERVE COMPO21 NENTS TO USE MILITARY MEDICAL TREAT22 MENT FACILITIES CLOSEST TO HOME FOR 

23 CERTAIN INJURIES. 

24 The Secretary of Defense shall provide that, in the 

25 case of members of the National Guard and the Reserves 


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1 returning from a combat theater, if a member requires 

2 treatment on an outpatient basis for injuries or wounds 

3 sustained in theater, the member may be provided treat4 ment at the military medical treatment facility closest to 

5 the member’s home rather than closest to the base from 

6 which the member was deployed. 

7 SEC. 115. PLANS AND RESEARCH FOR REDUCING POST 

8 TRAUMATIC STRESS DISORDER. 

9 (a) PLANS FOR REDUCING POST TRAUMATIC STRESS

10 DISORDER.— 

11 (1) PLAN FOR PREVENTION.— 

12 (A) IN GENERAL.—The Secretary of De13 fense shall develop a plan to incorporate evi14 dence-based preventive and early-intervention 

15 measures, practices, or procedures that reduce 

16 the likelihood that personnel in combat will de17 velop post-traumatic stress disorder or other 

18 stress-related psychopathologies (including sub19 stance use conditions) into— 

20 (i) basic and pre-deployment training 

21 for enlisted members of the Armed Forces, 

22 noncommissioned officers, and officers; 

23 (ii) combat theater operations; and 

24 (iii) post-deployment service. 


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1 (B) UPDATES.—The Secretary of Defense 

2 shall update the plan under subparagraph (A) 

3 periodically to incorporate, as the Secretary 

4 considers appropriate, the results of relevant re5 search, including research conducted pursuant 

6 to subsection (b). 

7 (2) RESEARCH.—Subject to subsection (b), the 

8 Secretary of Defense shall develop a plan, in con9 sultation with the Department of Veterans Affairs, 

10 the National Institutes of Health, and the National 

11 Academy of Sciences, to conduct such research as is 

12 necessary to develop the plan described in paragraph 

13 (1). 

14 (b) EVIDENCE-BASED RESEARCH AND TRAINING.— 

15 (1) WORKING GROUP.—The Secretary of De16 fense shall, in coordination with the Department of 

17 Veterans Affairs, the National Institutes of Health, 

18 and the National Academy of Sciences’ Institute of 

19 Medicine, establish a working group. The working 

20 group shall include personnel with experience in a 

21 combat theater, and behavioral health personnel who 

22 have experience providing treatment to individuals 

23 with experience in a combat theater. 

24 (2) DUTIES.—The working group established 

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1 search and develop evidence-based measures, prac2 tices, or procedures that reduce the likelihood that 

3 personnel in combat will develop post-traumatic 

4 stress disorder or other stress-related psychological 

5 pathologies (including substance use conditions). 

6 (3) PEER-REVIEWED RESEARCH PROGRAM.— 

7 Not later than one year after the date of the enact8 ment of this Act, the Secretary of Defense shall sub9 mit to Congress a plan for a peer-reviewed research 

10 program within the Defense Health Program’s re11 search and development function to research and de12 velop evidence-based preventive and early interven13 tion measures, practices, or procedures that reduce 

14 the likelihood that personnel in combat will develop 

15 post-traumatic stress disorder or other stress-related 

16 psychopathologies (including substance use condi17 tions). 

18 TITLE II—STUDIES AND 

19 REPORTS 

20 SEC. 201. ANNUAL REPORT ON MILITARY MEDICAL FACILI21 TIES. 

22 (a) IN GENERAL.— 

23 (1) REPORT REQUIREMENT.—Chapter 23 of 

24 title 10, United States Code, is amended by adding 

25 at the end the following new section: 


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1 ‘‘§ 490. Annual report on military medical facilities 

2 ‘‘(a) ANNUAL REPORT.—Not later than the date on 

3 which the President submits the budget for a fiscal year 

4 to Congress pursuant to section 1105 of title 31, the Sec5 retary of Defense shall submit to the Committees on 

6 Armed Services of the Senate and the House of Represent7 atives a report on the adequacy, suitability, and quality 

8 of medical facilities and medical-related support facilities 

9 at each military installation within the Department of De10 fense. 

11 ‘‘(b) RESPONSE TO HOT-LINE INFORMATION.—The 

12 Secretary of Defense shall include in each report informa13 tion regarding— 

14 ‘‘(1) any deficiencies medical services, or in the 

15 adequacy, quality, or state of repair of medical-re16 lated support facilities, raised as a result of informa17 tion received during the period covered by the report 

18 through the toll-free hot line maintained pursuant to 

19 section 1567 of this title; and 

20 ‘‘(2) the investigations conducted and plans of 

21 action prepared under such section to respond to 

22 such deficiencies. 

23 ‘‘(c) MEDICAL-RELATED SUPPORT FACILITY.—In 

24 this section, the term ‘medical-related support facility’ is 

25 any facility of the Department of Defense that provides 

26 support to any of the following: 


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1 ‘‘(1) Members of the armed forces admitted for 

2 treatment to military medical treatment facilities. 

3 ‘‘(2) Members of the armed forces assigned to 

4 military medical treatment facilities as an out5 patient. 

6 ‘‘(3) Family members accompanying any mem7 ber described in paragraph (1) or (2) as a nonmed8 ical attendant.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘490. Annual report on military medical facilities.’’. 

12 (b) EFFECTIVE DATE.—The first report under sec13 tion 490 of title 10, United States Code, as added by sub14 section (a), shall be submitted not later than the date of 

15 submission of the budget for fiscal year 2009. 

16 SEC. 202. ACCESS OF RECOVERING SERVICE MEMBERS TO 

17 ADEQUATE OUTPATIENT RESIDENTIAL FA18 CILITIES. 

19 (a) REQUIRED INSPECTIONS OF FACILITIES.—All 

20 quarters of the United States and housing facilities under 

21 the jurisdiction of the Armed Forces that are occupied by 

22 recovering service members shall be inspected on a semi23 annual basis for the first two years after the enactment 

24 of this Act and annually thereafter by the inspectors gen25 eral of the regional medical commands. 


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1 (b) INSPECTOR GENERAL REPORTS.—The inspector 

2 general for each regional medical command shall— 

3 (1) submit a report on each inspection of a fa4 cility conducted under subsection (a) to the post 

5 commander at such facility, the commanding officer 

6 of the hospital affiliated with such facility, the sur7 geon general of the military department that oper8 ates such hospital, the Secretary of the military de9 partment concerned, the Assistant Secretary of De10 fense for Health Affairs, the Oversight Board for 

11 Wounded Warriors established pursuant to section 

12 112, and the appropriate congressional committees; 

13 and 

14 (2) post each such report on the Internet 

15 website of such regional medical command. 

16 SEC. 203. EVALUATION AND REPORT ON DEPARTMENT OF 

17 DEFENSE AND DEPARTMENT OF VETERANS 

18 AFFAIRS DISABILITY EVALUATION SYSTEMS. 

19 (a) EVALUATION.—The Secretary of Defense and the 

20 Secretary of Veterans Affairs shall conduct a joint evalua21 tion of the disability evaluation systems used by the De22 partment of Defense and the Department of Veterans Af23 fairs for the purpose of— 

24 (1) improving the consistency of the two dis25 ability evaluation systems; and 


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1 (2) evaluating the feasibility of, and potential 

2 options for, consolidating the two systems. 

3 (b) RELATION TO VETERANS’ DISABILITY BENEFITS

4 COMMISSION.—In conducting the evaluation of the dis5 ability evaluation systems used by the Department of De6 fense and the Department of Veterans Affairs, the Sec7 retary of Defense and the Secretary of Veterans Affairs 

8 shall consider the findings and recommendations of the 

9 Veterans’ Disability Benefits Commission established pur10 suant to title XV of the National Defense Authorization 

11 Act for Fiscal Year 2004 (Public Law 108–136; 38 U.S.C. 

12 1101 note). 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the submission of the final report of the Veterans’ Dis15 ability Benefits Commission, the Secretary of Defense and 

16 the Secretary of Veterans Affairs shall submit to Congress 

17 a report containing— 

18 (1) the results of the evaluation; and 

19 (2) the recommendations of the Secretaries for 

20 improving the consistency of the two disability eval21 uation systems and such other recommendations as 

22 the Secretaries consider appropriate. 


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1 SEC. 204. STUDY AND REPORT ON SUPPORT SERVICES FOR 

2 FAMILIES OF RECOVERING SERVICE MEM3 BERS. 

4 (a) STUDY REQUIRED.—The Secretary of Defense 

5 shall conduct a study of the provision of support services 

6 for families of recovering service members. 

7 (b) MATTERS COVERED.—The study under sub8 section (a) shall include the following: 

9 (1) A determination of the types of support 

10 services that are currently provided by the Depart11 ment of Defense to family members described in 

12 subsection (c), and the cost of providing such serv13 ices. 

14 (2) A determination of additional types of sup15 port services that would be feasible for the Depart16 ment to provide to such family members, and the 

17 costs of providing such services, including the fol18 lowing types of services: 

19 (A) The provision of medical care at mili20 tary medical treatment facilities. 

21 (B) The provision of job placement services 

22 offered by the Department of Defense to any 

23 family member caring for a recovering service 

24 member for more than 45 days during a one25 year period. 


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1 (C) The provision of meals without charge 

2 at military medical treatment facilities. 

3 (3) A survey of military medical treatment fa4 cilities to estimate the number of family members to 

5 whom the support services would be provided. 

6 (4) A determination of any discrimination in 

7 employment that such family members experience, 

8 including denial of retention in employment, pro9 motion, or any benefit of employment by an em10 ployer on the basis of the person’s absence from em11 ployment as described in subsection (c), and a deter12 mination, in consultation with the Secretary of 

13 Labor, of the options available for such family mem14 bers. 

15 (c) COVERED FAMILY MEMBERS.—A family member 

16 described in this subsection is a family member of a recov17 ering service member who is— 

18 (1) on invitational orders while caring for the 

19 recovering service member; 

20 (2) a non-medical attendee caring for the recov21 ering service member; or 

22 (3) receiving per diem payments from the De23 partment of Defense while caring for the recovering 

24 service member. 


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1 (d) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of Defense 

3 shall submit to the Committees on Armed Services of the 

4 Senate and the House of Representatives a report on the 

5 results of the study, with such findings and recommenda6 tions as the Secretary considers appropriate. 

7 SEC. 205. REPORT ON TRAUMATIC BRAIN INJURY CLASSI8 FICATIONS. 

9 (a) INTERIM REPORT.—Not later than 90 days after 

10 the date of the enactment of this Act, the Secretary of 

11 Defense shall submit to the Committees on Armed Serv12 ices of the Senate and the House of Representatives an 

13 interim report describing the changes undertaken within 

14 the Department of Defense to ensure that traumatic brain 

15 injury victims receive a proper medical designation con16 comitant with their injury as opposed to the current med17 ical designation which assigns a generic ‘‘organic psy18 chiatric disorder’’ classification. 

19 (b) FINAL REPORT.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary of 

21 Defense shall submit to the Committees on Armed Serv22 ices of the Senate and the House of Representatives a 

23 final report concerning traumatic brain injury classifica24 tions and an explanation and justification of the Depart25 ment’s use of the international classification of disease 


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1 (ICD) 9 designation, recommendations for transitioning to 

2 ICD 10 or 11, and the benefits the civilian community 

3 experiences from using ICD 10. 

4 SEC. 206. EVALUATION OF THE POLYTRAUMA LIAISON OF5 FICER/NON-COMMISSIONED OFFICER PRO6 GRAM. 

7 (a) EVALUATION REQUIRED.—The Secretary of De8 fense shall conduct an evaluation of the Polytrauma Liai9 son Officer/Non-Commissioned Officer program, which is 

10 the program operated by each of the military departments 

11 and the Department of Veterans Affairs for the purpose 

12 of— 

13 (1) assisting in the seamless transition of mem14 bers of the Armed Forces from the Department of 

15 Defense health care system to the Department of 

16 Veterans Affairs system; and 

17 (2) expediting the flow of information and com18 munication between military treatment facilities and 

19 the Veterans Affairs Polytrauma Centers. 

20 (b) MATTERS COVERED.—The evaluation of the 

21 Polytrauma Liaison Officer/Non-Commissioned Officer 

22 program shall include evaluating the following areas: 

23 (1) The program’s effectiveness in the following 

24 areas: 

25 (A) Handling of military patient transfers. 


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1 (B) Ability to access military records in a 

2 timely manner. 

3 (C) Collaboration with Polytrauma Center 

4 treatment teams. 

5 (D) Collaboration with Veteran Service Or6 ganizations. 

7 (E) Functioning as the Polytrauma Cen8 ter’s subject-matter expert on military issues. 

9 (F) Supporting and assisting family mem10 bers. 

11 (G) Providing education, information, and 

12 referrals to members of the Armed Forces and 

13 their family members. 

14 (H) Functioning as uniformed advocates 

15 for members of the Armed Forces and their 

16 family members. 

17 (I) Inclusion in Polytrauma Center meet18 ings. 

19 (J) Completion of required administrative 

20 reporting. 

21 (K) Ability to provide necessary adminis22 trative support to all members of the Armed 

23 Forces. 

24 (2) Manpower requirements to effectively carry 

25 out all required functions of the Polytrauma Liaison 


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1 Officer/Non-Commissioned Officer program given 

2 current and expected case loads. 

3 (3) Expansion of the program to incorporate 

4 Navy and Marine Corps officers and senior enlisted 

5 personnel. 

6 (c) REPORTING REQUIREMENT.—Not later than 90 

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall submit to Congress a report con9 taining— 

10 (1) the results of the evaluation; and 

11 (2) recommendations for any improvements in 

12 the program. 

13 SEC. 207. STUDY AND REPORT ON WAITING PERIODS FOR 

14 APPOINTMENTS AT DEPARTMENT OF VET15 ERANS AFFAIRS MEDICAL FACILITIES. 

16 (a) STUDY REQUIRED.—The Secretary of Veterans 

17 Affairs shall conduct a study on the average length of time 

18 between the desired date for which a veteran seeks to 

19 schedule an appointment for health care at a Department 

20 of Veterans Affairs medical facility and the date on which 

21 such appointment is completed. 

22 (b) FOCUS OF STUDY.—In conducting the study 

23 under subsection (a), the Secretary shall focus on appoint24 ments scheduled and completed at Department medical fa25 cilities located in both rural and urban areas. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 a report to Congress containing the findings of the study 

4 under subsection (a) and recommendations for decreasing 

5 the waiting time between the desired date of an appoint6 ment and the completion of the appointment to a max7 imum of 15 days. 

8 SEC. 208. STUDY AND REPORT ON STANDARD SOLDIER PA9 TIENT TRACKING SYSTEM. 

10 (a) STUDY REQUIRED.—The Secretary of Defense 

11 shall conduct a study on the feasibility of developing a 

12 joint soldier tracking system for recovering service mem13 bers. 

14 (b) MATTERS COVERED.—The study under sub15 section (a) shall include the following: 

16 (1) Review of the feasibility of allowing each re17 covering service member, each family member of 

18 such a member, each commander of a military in19 stallation retaining medical hold or medical holdover 

20 patients, each patient navigator, and ombudsman of21 fice personnel, at all times, to be able to locate and 

22 understand exactly where a recovering service mem23 ber is in the medical hold or medical holdover proc24 ess. 


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1 (2) A determination of whether the tracking 

2 system can be designed to ensure that— 

3 (A) the commander of each military med4 ical facility where recovering service members 

5 are located is able to track appointments of 

6 such members to ensure they are meeting time7 liness and other standards that serve the mem8 ber; and 

9 (B) each recovering service member is able 

10 to know when his appointments and other med11 ical evaluation board or physical evaluation 

12 board deadlines will be and that they have been 

13 scheduled in a timely and accurate manner. 

14 (3) Any other information needed to conduct 

15 oversight of care of the member through out the 

16 medical hold and medical holdover process. 

17 (c) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense 

19 shall submit to the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 results of the study, with such findings and recommenda22 tions as the Secretary considers appropriate. 


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1 TITLE III—GENERAL 

2 PROVISIONS 

3 SEC. 301. MORATORIUM ON CONVERSION TO CONTRACTOR 

4 PERFORMANCE OF DEPARTMENT OF DE5 FENSE FUNCTIONS AT MILITARY MEDICAL 

6 FACILITIES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The conduct of public-private competitions 

9 for the performance of Department of Defense func10 tions, based on Office of Management and Budget 

11 Circular A–76, can lead to dramatic reductions in 

12 the workforce, undermining an agency’s ability to 

13 perform its mission. 

14 (2) The Army Garrison commander at the Wal15 ter Reed Army Medical Center has stated that the 

16 extended A–76 competition process contributed to 

17 the departure of highly skilled administrative and 

18 maintenance personnel, which led to the problems at 

19 the Walter Reed Army Medical Center. 

20 (b) MORATORIUM.—During the one-year period be21 ginning on the date of the enactment of this Act, no study 

22 or competition may be begun or announced pursuant to 

23 section 2461 of title 10, United States Code, or otherwise 

24 pursuant to Office of Management and Budget Circular 

25 A–76 relating to the possible conversion to performance 


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1 by a contractor of any Department of Defense function 

2 carried out at a military medical facility . 

3 (c) REPORT REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the Committee on Armed Serv6 ices of the Senate and the Committee on Armed Services 

7 of the House of Representatives a report on the public8 private competitions being conducted for Department of 

9 Defense functions carried out at military medical facilities 

10 as of the date of the enactment of this Act by each military 

11 department and defense agency. Such report shall in12 clude— 

13 (1) for each such competition— 

14 (A) the cost of conducting the public-pri15 vate competition; 

16 (B) the number of military personnel and 

17 civilian employees of the Department of De18 fense affected; 

19 (C) the estimated savings identified and 

20 the savings actually achieved; 

21 (D) an evaluation whether the anticipated 

22 and budgeted savings can be achieved through 

23 a public-private competition; and 

24 (E) the effect of converting the perform25 ance of the function to performance by a conVerDate Aug 31 2005 22:40 May 04, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1283.IS S1283

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1 tractor on the quality of the performance of the 

2 function; 

3 (2) a description of any public-private competi4 tion the Secretary would conduct if the moratorium 

5 under subsection (b) were not in effect; and 

6 (3) an assessment of whether any method of 

7 business reform or reengineering other than a pub8 lic-private competition could, if implemented in the 

9 future, achieve any anticipated or budgeted savings. 

10 SEC. 302. PROHIBITION ON TRANSFER OF RESOURCES 

11 FROM MEDICAL CARE. 

12 Neither the Secretary of Defense nor the Secretaries 

13 of the military departments may transfer funds or per14 sonnel from medical care functions to administrative func15 tions within the Department of Defense in order to comply 

16 with the new administrative requirements imposed by this 

17 Act or the amendments made by this Act. 

18 SEC. 303. VETERANS BENEFICIARY TRAVEL PROGRAM. 

19 (a) ELIMINATION OF DEDUCTIBLE.—Subsection (c) 

20 of section 111 of title 38, United States Code, is repealed. 

21 (b) DETERMINATION OF MILEAGE REIMBURSEMENT

22 RATE.— 

23 (1) DETERMINATION.—Paragraph (1) of sub24 section (g) of such section is amended to read as fol25 lows: 


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1 ‘‘(1) In determining the amount of allowances or re2 imbursement to be paid under this section, the Secretary 

3 shall use the mileage reimbursement rates for the use of 

4 privately owned vehicles by Government employees on offi5 cial business, as prescribed by the Administrator of Gen6 eral Services under section 5707(b) of title 5, United 

7 States Code.’’. 

8 (2) CONFORMING AMENDMENT.—Subsection (g) 

9 of such section is further amended by striking para10 graphs (3) and (4). 

11 (c) SOURCE OF FUNDS.—Such section is further 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(i) Funds for payments made under this section 

15 shall be appropriated separately from other amounts ap16 propriated for the Department.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this Act shall apply with respect to travel expenses in19 curred after the expiration of the 90-day period that be20 gins on the date of the enactment of this Act. 

Æ 


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