II 

110TH CONGRESS 

1ST SESSION S. 1606 

To provide for the establishment of a comprehensive policy on the care 

and management of wounded warriors in order to facilitate and enhance 

their care, rehabilitation, physical evaluation, transition from care by 

the Department of Defense to care by the Department of Veterans 

Affairs, and transition from military service to civilian life, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2007 

Mr. LEVIN (for himself, Mr. AKAKA, Mr. MCCAIN, Mr. WARNER, Mrs. MURRAY, Mr. GRAHAM, Mr. KENNEDY, Mr. SESSIONS, Mr. ROCKEFELLER, 

Ms. COLLINS, Mr. BYRD, Mr. CHAMBLISS, Mr. OBAMA, Mrs. DOLE, Mr. 

LIEBERMAN, Mr. CORNYN, Mr. SANDERS, Mr. THUNE, Mr. REED, Mr. 

MARTINEZ, Mr. BROWN, Mr. NELSON of Florida, Mr. TESTER, Mr. NELSON of Nebraska, Mr. BAYH, Mrs. CLINTON, Mr. PRYOR, Mr. WEBB, 

Mrs. MCCASKILL, Mr. DURBIN, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To provide for the establishment of a comprehensive policy 

on the care and management of wounded warriors in 

order to facilitate and enhance their care, rehabilitation, 

physical evaluation, transition from care by the Department of Defense to care by the Department of Veterans 

Affairs, and transition from military service to civilian 

life, and for other purposes. 


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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 ‘‘Dignified Treatment of Wounded Warriors Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. General definitions. 

TITLE I—POLICY ON CARE, MANAGEMENT, AND TRANSITION OF 

SERVICEMEMBERS WITH SERIOUS INJURIES OR ILLNESSES 

Sec. 101. Comprehensive policy on care, management, and transition of members of the Armed Forces with serious injuries or illnesses. 

TITLE II—HEALTH CARE 

Subtitle A—Enhanced Availability of Care for Servicemembers 

Sec. 201. Medical care and other benefits for members and former members of 

the Armed Forces with severe injuries or illnesses. 

Subtitle B—Care and Services for Dependents 

Sec. 211. Medical care and services and support services for families of members of the Armed Forces recovering from serious injuries or 

illnesses. 

Subtitle C—Traumatic Brain Injury and Post-Traumatic Stress Disorder 

Sec. 221. Comprehensive plans on prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces. 

Sec. 222. Improvement of medical tracking system for members of the Armed 

Forces deployed overseas. 

Sec. 223. Centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and posttraumatic stress disorder. 

Sec. 224. Funding for improved diagnosis, treatment, and rehabilitation of 

members of the Armed Forces with traumatic brain injury or 

post-traumatic stress disorder. 

Sec. 225. Reports. 

Subtitle D—Other Matters 

Sec. 231. Joint electronic health record for the Department of Defense and Department of Veterans Affairs. 


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Sec. 232. Enhanced personnel authorities for the Department of Defense for 

health care professionals for care and treatment of wounded 

and injured members of the Armed Forces. 

Sec. 233. Personnel shortages in the mental health workforce of the Department of Defense. 

TITLE III—DISABILITY MATTERS 

Subtitle A—Disability Evaluations 

Sec. 301. Utilization of veterans’ presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability. 

Sec. 302. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed 

Forces. 

Sec. 303. Review of separation of members of the Armed Forces separated 

from service with a disability rating of 20 percent disabled or 

less. 

Sec. 304. Pilot programs on revised and improved disability evaluation system 

for members of the Armed Forces. 

Sec. 305. Reports on Army action plan in response to deficiencies in the Army 

physical disability evaluation system. 

Subtitle B—Other Disability Matters 

Sec. 311. Enhancement of disability severance pay for members of the Armed 

Forces. 

TITLE IV—IMPROVEMENT OF FACILITIES HOUSING PATIENTS 

Sec. 401. Standards for military medical treatment facilities, specialty medical 

care facilities, and military quarters housing patients. 

Sec. 402. Reports on Army action plan in response to deficiencies identified at 

Walter Reed Army Medical Center. 

Sec. 403. Construction of facilities required for the closure of Walter Reed 

Army Medical Center, District of Columbia. 

TITLE V—OUTREACH AND RELATED INFORMATION ON 

BENEFITS 

Sec. 501. Handbook for members of the Armed Forces on compensation and 

benefits available for serious injuries and illnesses. 

1 SEC. 2. GENERAL DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘appropriate committees of Con4 gress’’ means— 

5 (A) the Committees on Armed Services 

6 and Veterans’ Affairs of the Senate; and 


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1 (B) the Committees on Armed Services 

2 and Veterans’ Affairs of the House of Rep3 resentatives. 

4 (2) The term ‘‘congressional defense commit5 tees’’ has the meaning given that term in section 

6 101(a)(16) of title 10, United States Code. 

7 (3) The term ‘‘covered member of the Armed 

8 Forces’’ means a member of the Armed Forces, in9 cluding a member of the National Guard or a Re10 serve, who is undergoing medical treatment, recuper11 ation, or therapy, or is otherwise in medical hold or 

12 medical holdover status, for a serious injury or ill13 ness. 

14 (4) The term ‘‘family member’’, with respect to 

15 a member of the Armed Forces or a veteran, has the 

16 meaning given that term in section 411h(b) of title 

17 37, United States Code. 

18 (5) The term ‘‘medical hold or medical holdover 

19 status’’ means— 

20 (A) the status of a member of the Armed 

21 Forces, including a member of the National 

22 Guard or Reserve, assigned or attached to a 

23 military hospital for medical care; and 

24 (B) the status of a member of a reserve 

25 component of the Armed Forces who is sepaVerDate Aug 31 2005 03:06 Jun 15, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606

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1 rated, whether pre-deployment or post-deploy2 ment, from the member’s unit while in need of 

3 health care based on a medical condition identi4 fied while the member is on active duty in the 

5 Armed Forces. 

6 (6) The term ‘‘serious injury or illness’’, in the 

7 case of a member of the Armed Forces, means an 

8 injury or illness incurred by the member in line of 

9 duty on active duty in the Armed Forces that may 

10 render the member medically unfit to perform the 

11 duties of the member’s office, grade, rank, or rating. 

12 (7) The term ‘‘TRICARE program’’ has the 

13 meaning given that term in section 1072(7) of title 

14 10, United States Code. 

15 TITLE I—POLICY ON CARE, MAN16 AGEMENT, AND TRANSITION 

17 OF SERVICEMEMBERS WITH 

18 SERIOUS INJURIES OR ILL19 NESSES 

20 SEC. 101. COMPREHENSIVE POLICY ON CARE, MANAGE21 MENT, AND TRANSITION OF MEMBERS OF 

22 THE ARMED FORCES WITH SERIOUS INJU23 RIES OR ILLNESSES. 

24 (a) COMPREHENSIVE POLICY REQUIRED.— 


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1 (1) IN GENERAL.—Not later than January 1, 

2 2008, the Secretary of Defense and the Secretary of 

3 Veterans Affairs shall, to the extent feasible, jointly 

4 develop a comprehensive policy on the care and man5 agement of members of the Armed Forces who are 

6 undergoing medical treatment, recuperation, or ther7 apy, or are otherwise in medical hold or medical 

8 holdover status, for a serious injury or illness (here9 after in this section referred to as a ‘‘covered 

10 servicemembers’’). 

11 (2) SCOPE OF POLICY.—The policy shall cover 

12 each of the following: 

13 (A) The care and management of covered 

14 servicemembers while in medical hold or med15 ical holdover status. 

16 (B) The medical evaluation and disability 

17 evaluation of covered servicemembers. 

18 (C) The return of covered servicemembers 

19 to active duty when appropriate. 

20 (D) The transition of covered 

21 servicemembers from receipt of care and serv22 ices through the Department of Defense to re23 ceipt of care and services through the Depart24 ment of Veterans Affairs. 


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1 (3) CONSULTATION.—The Secretary of Defense 

2 and the Secretary of Veterans Affairs shall develop 

3 the policy in consultation with the heads of other ap4 propriate departments and agencies of the Federal 

5 Government and with appropriate non-governmental 

6 organizations having an expertise in matters relating 

7 to the policy. 

8 (4) UPDATE.—The Secretary of Defense and 

9 the Secretary of Veterans Affairs shall jointly update 

10 the policy on a periodic basis in order to incorporate 

11 in the policy, as appropriate, the results of the re12 views under subsections (b) and (c) and the best 

13 practices identified through pilot programs under 

14 section 304. 

15 (b) REVIEW OF CURRENT POLICIES AND PROCE16 DURES.— 

17 (1) REVIEW REQUIRED.—In developing the pol18 icy required by this section, the Secretary of Defense 

19 and the Secretary of Veterans Affairs shall, to the 

20 extent necessary, jointly and separately conduct a 

21 review of all policies and procedures of the Depart22 ment of Defense and the Department of Veterans 

23 Affairs that apply to, or shall be covered by, the pol24 icy. 


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1 (2) PURPOSE.—The purpose of the review shall 

2 be to identify the most effective and patient-oriented 

3 approaches to care and management of covered 

4 servicemembers for purposes of— 

5 (A) incorporating such approaches into the 

6 policy; and 

7 (B) extending such approaches, where ap8 plicable, to care and management of other in9 jured or ill members of the Armed Forces and 

10 veterans. 

11 (3) ELEMENTS.—In conducting the review, the 

12 Secretary of Defense and the Secretary of Veterans 

13 Affairs shall— 

14 (A) identify among the policies and proce15 dures described in paragraph (1) best practices 

16 in approaches to the care and management de17 scribed in that paragraph; 

18 (B) identify among such policies and pro19 cedures existing and potential shortfalls in such 

20 care and management, and determine means of 

21 addressing any shortfalls so identified; 

22 (C) determine potential modifications of 

23 such policies and procedures in order to ensure 

24 consistency and uniformity among the military 

25 departments and the regions of the Department 


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1 of Veterans Affairs in their application and dis2 charge; and 

3 (D) develop recommendations for legisla4 tive and administrative action necessary to im5 plement the results of the review. 

6 (4) DEADLINE FOR COMPLETION.—The review 

7 shall be completed not later than 90 days after the 

8 date of the enactment of this Act. 

9 (c) CONSIDERATION OF FINDINGS, RECOMMENDA10 TIONS, AND PRACTICES.—In developing the policy re11 quired by this section, the Secretary of Defense and the 

12 Secretary of Veterans Affairs shall take into account the 

13 following: 

14 (1) The findings and recommendations of appli15 cable studies, reviews, reports, and evaluations that 

16 address matters relating to the policy, including, but 

17 not limited, to the following: 

18 (A) The Independent Review Group on Re19 habilitative Care and Administrative Processes 

20 at Walter Reed Army Medical Center and Na21 tional Naval Medical Center appointed by the 

22 Secretary of Defense. 

23 (B) The Secretary of Veterans Affairs 

24 Task Force on Returning Global War on Terror 

25 Heroes appointed by the President. 


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1 (C) The President’s Commission on Care 

2 for America’s Returning Wounded Warriors. 

3 (D) The Veterans’ Disability Benefits 

4 Commission established by title XV of the Na5 tional Defense Authorization Act for Fiscal 

6 Year 2004 (Public Law 108–136; 117 Stat. 

7 1676; 38 U.S.C. 1101 note). 

8 (E) The President’s Commission on Vet9 erans’ Pensions, of 1956, chaired by General 

10 Omar N. Bradley. 

11 (F) The Report of the Congressional Com12 mission on Servicemembers and Veterans Tran13 sition Assistance, of 1999, chaired by Anthony 

14 J. Principi. 

15 (G) The President’s Task Force to Im16 prove Health Care Delivery for Our Nation’s 

17 Veterans, of March 2003. 

18 (2) The experience and best practices of the 

19 Department of Defense and the military depart20 ments on matters relating to the policy. 

21 (3) The experience and best practices of the 

22 Department of Veterans Affairs on matters relating 

23 to the policy. 


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1 (4) Such other matters as the Secretary of De2 fense and the Secretary of Veterans Affairs consider 

3 appropriate. 

4 (d) PARTICULAR ELEMENTS OF POLICY.—The policy 

5 required by this section shall provide, in particular, the 

6 following: 

7 (1) RESPONSIBILITY FOR COVERED

8 SERVICEMEMBERS IN MEDICAL HOLD OR MEDICAL

9 HOLDOVER STATUS.—Mechanisms to ensure respon10 sibility for covered servicemembers in medical hold 

11 or medical holdover status, including the following: 

12 (A) Uniform standards for access of cov13 ered servicemembers to non-urgent health care 

14 services from the Department of Defense or 

15 other providers under the TRICARE program, 

16 with such access to be— 

17 (i) for follow-up care, within 2 days of 

18 request of care; 

19 (ii) for specialty care, within 3 days of 

20 request of care; 

21 (iii) for diagnostic referrals and stud22 ies, within 5 days of request; and 

23 (iv) for surgery based on a physician’s 

24 determination of medical necessity, within 

25 14 days of request. 


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1 (B) Requirements for the assignment of 

2 adequate numbers of personnel for the purpose 

3 of responsibility for and administration of cov4 ered servicemembers in medical hold or medical 

5 holdover status. 

6 (C) Requirements for the assignment of 

7 adequate numbers of medical personnel and 

8 non-medical personnel to roles and responsibil9 ities for caring for and administering covered 

10 servicemembers in medical hold or medical hold11 over status, and a description of the roles and 

12 responsibilities of personnel so assigned. 

13 (D) Guidelines for the location of care for 

14 covered servicemembers in medical hold or med15 ical holdover status, which guidelines shall ad16 dress the assignment of such servicemembers to 

17 care and residential facilities closest to their 

18 duty station or home of record at the earliest 

19 possible time. 

20 (E) Criteria for work and duty assign21 ments of covered servicemembers in medical 

22 hold or medical holdover status, including a 

23 prohibition on the assignment of duty to a 

24 servicemember which is incompatible with the 

25 servicemember’s medical condition. 


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1 (F) Guidelines for the provision of care 

2 and counseling for eligible family members of 

3 covered servicemembers in medical hold or med4 ical holdover status. 

5 (G) Requirements for case management of 

6 covered servicemembers in medical hold or med7 ical holdover status, including qualifications for 

8 personnel providing such case management. 

9 (H) Requirements for uniform quality of 

10 care and administration for all covered 

11 servicemembers in medical hold or medical hold12 over status, whether members of the regular 

13 components of the Armed Forces or members of 

14 the reserve components of the Armed Forces. 

15 (I) Standards for the conditions and acces16 sibility of residential facilities for covered 

17 servicemembers in medical hold or medical hold18 over status who are in outpatient status, and 

19 for their immediate family members. 

20 (J) Requirements on the provision of 

21 transportation and subsistence for covered 

22 servicemembers in medical hold or medical hold23 over status, whether in inpatient status or out24 patient status, to facilitate obtaining needed 

25 medical care and services. 


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1 (K) Requirements on the provision of edu2 cational and vocational training and rehabilita3 tion opportunities for covered servicemembers 

4 in medical hold or medical holdover status. 

5 (L) Procedures for tracking and informing 

6 covered servicemembers in medical hold or med7 ical holdover status about medical evaluation 

8 board and physical disability evaluation board 

9 processing. 

10 (M) Requirements for integrated case man11 agement of covered servicemembers in medical 

12 hold or medical holdover status during their 

13 transition from care and treatment through the 

14 Department of Defense to care and treatment 

15 through the Department of Veterans Affairs. 

16 (N) Requirements and standards for advis17 ing and training, as appropriate, family mem18 bers with respect to care for covered 

19 servicemembers in medical hold or medical hold20 over status with serious medical conditions, par21 ticularly traumatic brain injury (TBI) and post22 traumatic stress disorder (PTSD). 

23 (O) Requirements for periodic reassess24 ments of covered servicemembers, and limits on 

25 the length of time such servicemembers may be 


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1 retained in medical hold or medical holdover 

2 status. 

3 (P) Requirements to inform covered 

4 servicemembers and their family members of 

5 their rights and responsibilities while in medical 

6 hold or medical holdover status. 

7 (2) MEDICAL EVALUATION AND PHYSICAL DIS8 ABILITY EVALUATION FOR COVERED

9 SERVICEMEMBERS.— 

10 (A) MEDICAL EVALUATIONS.—Processes, 

11 procedures, and standards for medical evalua12 tions of covered servicemembers, including the 

13 following: 

14 (i) Processes for medical evaluations 

15 of covered servicemembers that are— 

16 (I) applicable uniformly through17 out the military departments; and 

18 (II) applicable uniformly with re19 spect to such servicemembers who are 

20 members of the regular components of 

21 the Armed Forces and such 

22 servicemembers who are members of 

23 the National Guard and Reserve. 

24 (ii) Standard criteria and definitions 

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1 ered servicemembers of the maximum med2 ical benefit from treatment and rehabilita3 tion. 

4 (iii) Standard timelines for each of 

5 the following: 

6 (I) Determinations of fitness for 

7 duty of covered servicemembers. 

8 (II) Specialty consultations for 

9 covered servicemembers. 

10 (III) Preparation of medical doc11 uments for covered servicemembers. 

12 (IV) Appeals by covered 

13 servicemembers of medical evaluation 

14 determinations, including determina15 tions of fitness for duty. 

16 (iv) Uniform standards for qualifica17 tions and training of medical evaluation 

18 board personnel, including physicians, case 

19 workers, and physical disability evaluation 

20 board liaison officers, in conducting med21 ical evaluations of covered servicemembers. 

22 (v) Standards for the maximum num23 ber of medical evaluation cases of covered 

24 servicemembers that are pending before a 

25 medical evaluation board at any one time, 


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1 and requirements for the establishment of 

2 additional medical evaluation boards in the 

3 event such number is exceeded. 

4 (vi) Uniform standards for informa5 tion for covered servicemembers, and their 

6 families, on the medical evaluation board 

7 process and the rights and responsibilities 

8 of such servicemembers under that process, 

9 including a standard handbook on such in10 formation. 

11 (B) PHYSICAL DISABILITY EVALUA12 TIONS.—Processes, procedures, and standards 

13 for physical disability evaluations of covered 

14 servicemembers, including the following: 

15 (i) A non-adversarial process of the 

16 Department of Defense and the Depart17 ment of Veterans Affairs for disability de18 terminations of covered servicemembers. 

19 (ii) To the extent feasible, procedures 

20 to eliminate unacceptable discrepancies 

21 among disability ratings assigned by the 

22 military departments and the Department 

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1 ject to the following requirements and limi2 tations: 

3 (I) Such procedures shall apply 

4 uniformly with respect to covered 

5 servicemembers who are members of 

6 the regular components of the Armed 

7 Forces and covered servicemembers 

8 who are members of the National 

9 Guard and Reserve. 

10 (II) Under such procedures, each 

11 Secretary of a military department 

12 shall, to the extent feasible, utilize the 

13 standard schedule for rating disabil14 ities in use by the Department of Vet15 erans Affairs, including any applicable 

16 interpretation of such schedule by the 

17 United States Court of Appeals for 

18 Veterans Claims, in making any de19 termination of disability of a covered 

20 servicemember. 

21 (iii) Standard timelines for appeals of 

22 determinations of disability of covered 

23 servicemembers, including timelines for 

24 presentation, consideration, and disposition 

25 of appeals. 


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1 (iv) Uniform standards for qualifica2 tions and training of physical disability 

3 evaluation board personnel in conducting 

4 physical disability evaluations of covered 

5 servicemembers. 

6 (v) Standards for the maximum num7 ber of physical disability evaluation cases 

8 of covered servicemembers that are pend9 ing before a physical disability evaluation 

10 board at any one time, and requirements 

11 for the establishment of additional physical 

12 disability evaluation boards in the event 

13 such number is exceeded. 

14 (vi) Procedures for the provision of 

15 legal counsel to covered servicemembers 

16 while undergoing evaluation by a physical 

17 disability evaluation board. 

18 (vii) Uniform standards on the roles 

19 and responsibilities of case managers, 

20 servicemember advocates, and judge advo21 cates assigned to covered servicemembers 

22 undergoing evaluation by a physical dis23 ability board, and uniform standards on 

24 the maximum number of cases involving 


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1 such servicemembers that are to be as2 signed to such managers and advocates. 

3 (C) RETURN OF COVERED

4 SERVICEMEMBERS TO ACTIVE DUTY.—Stand5 ards for determinations by the military depart6 ments on the return of covered servicemembers 

7 to active duty in the Armed Forces. 

8 (D) TRANSITION OF COVERED

9 SERVICEMEMBERS FROM DOD TO VA.—Proc10 esses, procedures, and standards for the transi11 tion of covered servicemembers from care and 

12 treatment by the Department of Defense to 

13 care and treatment by the Department of Vet14 erans Affairs before, during, and after separa15 tion from the Armed Forces, including the fol16 lowing: 

17 (i) A uniform, patient-focused policy 

18 to ensure that the transition occurs with19 out gaps in medical care and the quality of 

20 care and services. 

21 (ii) Procedures for the identification 

22 and tracking of covered servicemembers 

23 during the transition, and for the coordina24 tion of care and treatment of such 

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1 cluding a system of cooperative case man2 agement of such servicemembers by the 

3 Department of Defense and the Depart4 ment of Veterans Affairs during the transi5 tion. 

6 (iii) Procedures for the notification of 

7 Department of Veterans Affairs liaison 

8 personnel of the commencement by covered 

9 servicemembers of the medical evaluation 

10 process and the physical disability evalua11 tion process. 

12 (iv) Procedures and timelines for the 

13 enrollment of covered servicemembers in 

14 applicable enrollment or application sys15 tems of the Department of Veterans with 

16 respect to health care, disability, education, 

17 vocational rehabilitation, or other benefits. 

18 (v) Procedures to ensure the access of 

19 covered servicemembers during the transi20 tion to vocational, educational, and reha21 bilitation benefits available through the 

22 Department of Veterans Affairs. 

23 (vi) Standards for the optimal location 

24 of Department of Defense and Department 

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1 agement personnel at military medical 

2 treatment facilities, medical centers, and 

3 other medical facilities of the Department 

4 of Defense. 

5 (vii) Standards and procedures for in6 tegrated medical care and management for 

7 covered servicemembers during the transi8 tion, including procedures for the assign9 ment of medical personnel of the Depart10 ment of Veterans Affairs to Department of 

11 Defense facilities to participate in the 

12 needs assessments of such servicemembers 

13 before, during, and after their separation 

14 from military service. 

15 (viii) Standards for the preparation of 

16 detailed plans for the transition of covered 

17 servicemembers from care and treatment 

18 by the Department of Defense to care and 

19 treatment by the Department of Veterans 

20 Affairs, which plans shall be based on 

21 standardized elements with respect to care 

22 and treatment requirements and other ap23 plicable requirements. 


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1 (E) OTHER MATTERS.—The following ad2 ditional matters with respect to covered 

3 servicemembers: 

4 (i) Access by the Department of Vet5 erans Affairs to the military health records 

6 of covered servicemembers who are receiv7 ing care and treatment in Department of 

8 Veterans Affairs health care facilities. 

9 (ii) Requirements for utilizing, in ap10 propriate cases, a single physical examina11 tion that meets requirements of both the 

12 Department of Defense and the Depart13 ment of Veterans Affairs for covered 

14 servicemembers who are being retired, sep15 arated, or released from military service. 

16 (iii) Surveys and other mechanisms to 

17 measure patient and family satisfaction 

18 with the provision by the Department of 

19 Defense and the Department of Veterans 

20 Affairs of care and services for covered 

21 servicemembers, and to facilitate appro22 priate oversight by supervisory personnel 

23 of the provision of such care and services. 

24 (e) REPORTS.— 


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1 (1) REPORT ON POLICY.—Upon the develop2 ment of the policy required by this section but not 

3 later than January 1, 2008, the Secretary of De4 fense and the Secretary of Veterans Affairs shall 

5 jointly submit to the appropriate committees of Con6 gress a report on the policy, including a comprehen7 sive and detailed description of the policy and of the 

8 manner in which the policy addresses the findings 

9 and recommendations of the reviews under sub10 sections (b) and (c). 

11 (2) REPORTS ON UPDATE.—Upon updating the 

12 policy under subsection (a)(4), the Secretary of De13 fense and the Secretary of Veterans Affairs shall 

14 jointly submit to the appropriate committees of Con15 gress a report on the update of the policy, including 

16 a comprehensive and detailed description of such up17 date and of the reasons for such update. 


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1 TITLE II—HEALTH CARE 

2 Subtitle A—Enhanced Availability 

3 of Care for Servicemembers 

4 SEC. 201. MEDICAL CARE AND OTHER BENEFITS FOR MEM5 BERS AND FORMER MEMBERS OF THE 

6 ARMED FORCES WITH SEVERE INJURIES OR 

7 ILLNESSES. 

8 (a) MEDICAL AND DENTAL CARE FOR MEMBERS

9 AND FORMER MEMBERS.— 

10 (1) IN GENERAL.—Effective as of the date of 

11 the enactment of this Act, any covered member of 

12 the Armed Forces, and any former member of the 

13 Armed Forces, with a severe injury or illness is enti14 tled to medical and dental care in any facility of the 

15 uniformed services under section 1074(a) of title 10, 

16 United States Code, or through any civilian health 

17 care provider authorized by the Secretary to provide 

18 health and mental health services to members of the 

19 uniformed services, including traumatic brain injury 

20 (TBI) and post-traumatic stress disorder (PTSD), 

21 as if such member or former member were a mem22 ber of the uniformed services described in paragraph 

23 (2) of such section who is entitled to medical and 

24 dental care under such section. 


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1 (2) PERIOD OF AUTHORIZED CARE.—A member 

2 or former member described in paragraph (1) is en3 titled to care under that paragraph during the three4 year period beginning on the date the member or 

5 former member leaves active duty, except that such 

6 period may be extended by the Secretary concerned 

7 for an additional period of up to two years if the 

8 Secretary concerned determines that such extension 

9 is necessary to assure the maximum feasible recov10 ery and rehabilitation of the member or former 

11 member. Any such determination shall be made on 

12 a case-by-case basis. 

13 (3) INTEGRATED CARE MANAGEMENT.—The 

14 Secretary of Defense shall provide for a program of 

15 integrated care management in the provision of care 

16 and services under this subsection, which manage17 ment shall be provided by appropriate medical and 

18 case management personnel of the Department of 

19 Defense and the Department of Veterans Affairs (as 

20 approved by the Secretary of Veterans Affairs) and 

21 with appropriate support from the Department of 

22 Defense regional health care support contractors. 

23 (4) WAIVER OF LIMITATIONS TO MAXIMIZE

24 CARE.—The Secretary of Defense may, in providing 

25 medical and dental care to a member or former 


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1 member under this subsection during the period re2 ferred to in paragraph (2), waive any limitation oth3 erwise applicable under chapter 55 of title 10, 

4 United States Code, to the provision of such care to 

5 the member or former member if the Secretary con6 siders the waiver appropriate to assure the max7 imum feasible recovery and rehabilitation of the 

8 member or former member. 

9 (5) CONSTRUCTION WITH ELIGIBILITY FOR

10 VETERANS BENEFITS.—Nothing in this subsection 

11 shall be construed to reduce, alter, or otherwise af12 fect the eligibility or entitlement of a member or 

13 former member of the Armed Forces to any health 

14 care, disability, or other benefits to which the mem15 ber of former member would otherwise be eligible or 

16 entitled as a veteran under the laws administered by 

17 the Secretary of Veterans Affairs. 

18 (6) SUNSET.—The Secretary of Defense may 

19 not provide medical or dental care to a member or 

20 former member of the Armed Forces under this sub21 section after December 31, 2012, if the Secretary 

22 has not provided medical or dental care to the mem23 ber or former member under this subsection before 

24 that date. 


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1 (b) RECOVERY OF CERTAIN EXPENSES OF MEDICAL

2 CARE AND RELATED TRAVEL.— 

3 (1) IN GENERAL.—Commencing not later than 

4 60 days after the date of the enactment of this Act, 

5 the Secretary of the military department concerned 

6 may reimburse covered members of the Armed 

7 Forces, and former members of the Armed Forces, 

8 with a severe injury or illness for covered expenses 

9 incurred by such members or former members, or 

10 their family members, in connection with the receipt 

11 by such members or former members of medical care 

12 that is required for such injury or illness. 

13 (2) COVERED EXPENSES.—Expenses for which 

14 reimbursement may be made under paragraph (1) 

15 include the following: 

16 (A) Expenses for health care services for 

17 which coverage would be provided under section 

18 1074(c) of title 10, United States Code, for 

19 members of the uniformed services on active 

20 duty. 

21 (B) Expenses of travel of a non-medical at22 tendant who accompanies a member or former 

23 member of the Armed Forces for required med24 ical care that is not available to such member 

25 or former member locally, if such attendant is 


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1 appointed for that purpose by a competent 

2 medical authority (as determined under regula3 tions prescribed by the Secretary of Defense for 

4 purposes of this subsection). 

5 (C) Such other expenses for medical care 

6 as the Secretary may prescribe for purposes of 

7 this subsection. 

8 (3) AMOUNT OF REIMBURSEMENT.—The 

9 amount of reimbursement under paragraph (1) for 

10 expenses covered by paragraph (2) shall be deter11 mined in accordance with regulations prescribed by 

12 the Secretary of Defense for purposes of this sub13 section. 

14 (c) SEVERE INJURY OR ILLNESS DEFINED.—In this 

15 section, the term ‘‘severe injury or illness’’ means any seri16 ous injury or illness that is assigned a disability rating 

17 of 50 percent or higher under the schedule for rating dis18 abilities in use by the Department of Veterans Affairs. 

19 Subtitle B—Care and Services for 

20 Dependents 

21 SEC. 211. MEDICAL CARE AND SERVICES AND SUPPORT 

22 SERVICES FOR FAMILIES OF MEMBERS OF 

23 THE ARMED FORCES RECOVERING FROM SE24 RIOUS INJURIES OR ILLNESSES. 

25 (a) URGENT AND EMERGENCY MEDICAL CARE.— 


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1 (1) ELIGIBILITY.—A family member of a cov2 ered member of the Armed Forces who is not other3 wise eligible for medical care at a military medical 

4 treatment facility shall be eligible for urgent and 

5 emergency medical care and counseling at military 

6 medical treatment facilities and medical facilities of 

7 the Department of Veterans Affairs if the family 

8 member is— 

9 (A) on invitational orders while caring for 

10 the covered member; 

11 (B) a non-medical attendee caring for the 

12 covered member; or 

13 (C) receiving per diem payments from the 

14 Department of Defense while caring for the 

15 covered member. 

16 (2) SPECIFICATION OF FAMILY MEMBERS.— 

17 Notwithstanding section 2(4), the Secretary of De18 fense and the Secretary of Veterans Affairs shall 

19 jointly prescribe in regulations the family members 

20 of covered members of the Armed Forces who shall 

21 be considered to be a family member of a covered 

22 member of the Armed Forces for purposes of para23 graph (1). 

24 (3) SPECIFICATION OF CARE.—(A) The Sec25 retary of Defense shall prescribe in regulations the 


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1 urgent and emergency medical care and counseling 

2 that shall be available to family members under 

3 paragraph (1) at military medical treatment facili4 ties. 

5 (B) The Secretary of Veterans Affairs shall pre6 scribe in regulations the urgent and emergency med7 ical care and counseling that shall be available to 

8 family members under paragraph (1) at medical fa9 cilities of the Department of Veterans Affairs. 

10 (4) RECOVERY OF COSTS.—The United States 

11 may recover the costs of the provision of medical 

12 care and counseling under paragraph (1) as follows 

13 (as applicable): 

14 (A) From third-party payers, in the same 

15 manner as the United States may collect costs 

16 of the charges of health care provided to cov17 ered beneficiaries from third-party payers under 

18 section 1095 of title 10, United States Code. 

19 (B) As if such care and counseling was 

20 provided under the authority of section 1784 of 

21 title 38, United States Code. 

22 (b) JOB PLACEMENT SERVICES.—A family member 

23 who is on invitational orders or is a non-medical attendee 

24 while caring for a covered member of the Armed Forces 

25 for more than 45 days during a one-year period shall be 


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1 eligible for job placement services otherwise offered by the 

2 Department of Defense. 

3 Subtitle C—Traumatic Brain Injury 

4 and Post-Traumatic Stress Dis5 order 

6 SEC. 221. COMPREHENSIVE PLANS ON PREVENTION, DIAG7 NOSIS, MITIGATION, AND TREATMENT OF 

8 TRAUMATIC BRAIN INJURY AND POST-TRAU9 MATIC STRESS DISORDER IN MEMBERS OF 

10 THE ARMED FORCES. 

11 (a) PLANS REQUIRED.—Not later than 180 days 

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

13 of Defense shall, in consultation with the Secretary of Vet14 erans Affairs, submit to the congressional defense commit15 tees one or more comprehensive plans for programs and 

16 activities of the Department of Defense to prevent, diag17 nose, mitigate, treat, and otherwise respond to traumatic 

18 brain injury (TBI) and post-traumatic stress disorder 

19 (PTSD) in members of the Armed Forces. 

20 (b) ELEMENTS.—Each plan submitted under sub21 section (a) shall include comprehensive proposals of the 

22 Department on the following: 

23 (1) The designation by the Secretary of Defense 

24 of a lead agent or executive agent for the DepartVerDate Aug 31 2005 03:06 Jun 15, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606

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1 ment to coordinate development and implementation 

2 of the plan. 

3 (2) The improvement of personnel protective 

4 equipment for members of the Armed Forces in 

5 order to prevent traumatic brain injury. 

6 (3) The improvement of methods and mecha7 nisms for the detection and treatment of traumatic 

8 brain injury and post-traumatic stress disorder in 

9 members of the Armed Forces in the field. 

10 (4) The development and deployment of diag11 nostic criteria for the detection and evaluation of the 

12 range of traumatic brain injury and post-traumatic 

13 stress disorder in members of the Armed Forces, 

14 which criteria shall be employed uniformly across the 

15 military departments in all applicable circumstances, 

16 including provision of clinical care and assessment of 

17 future deployability of members of the Armed 

18 Forces. 

19 (5) The development and deployment of effec20 tive means of assessing traumatic brain injury and 

21 post-traumatic stress disorder in members of the 

22 Armed Forces, including a system of pre-deployment 

23 and post-deployment screenings of cognitive ability 

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1 ment, as required by the amendments made by sec2 tion 222. 

3 (6) The development and deployment of effec4 tive means of managing and monitoring members of 

5 the Armed Forces with traumatic brain injury or 

6 post-traumatic stress disorder in the receipt of care 

7 for traumatic brain injury or post-traumatic stress 

8 disorder, as applicable, including the monitoring and 

9 assessment of treatment and outcomes. 

10 (7) The requirements for research on traumatic 

11 brain injury and post-traumatic stress disorder, in12 cluding (in particular) research on pharmacological 

13 approaches to treatment for traumatic brain injury 

14 or post-traumatic stress disorder, as applicable, and 

15 the allocation of priorities among such research. 

16 (8) The provision of education and outreach to 

17 families of members of the Armed Forces with trau18 matic brain injury or post-traumatic stress disorder 

19 on a range of matters relating to traumatic brain in20 jury or post-traumatic stress disorder, as applicable, 

21 including detection, mitigation, and treatment. 

22 (9) The assessment of the current capabilities 

23 of the Department for the prevention, diagnosis, 

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1 matic brain injury and post-traumatic stress dis2 order in members of the Armed Forces. 

3 (10) The identification of gaps in current capa4 bilities of the Department for the prevention, diag5 nosis, mitigation, treatment, and rehabilitation of 

6 traumatic brain injury and post-traumatic stress dis7 order in members of the Armed Forces. 

8 (11) The identification of the resources required 

9 for the Department in fiscal years 2009 thru 2013 

10 to address the gaps in capabilities identified under 

11 paragraph (10). 

12 (12) The development of joint planning among 

13 the Department of Defense, the military depart14 ments, and the Department of Veterans Affairs for 

15 the prevention, diagnosis, mitigation, treatment, and 

16 rehabilitation of traumatic brain injury and post17 traumatic stress disorder in members of the Armed 

18 Forces, including planning for the seamless transi19 tion of such members from care through the Depart20 ment of Defense care through the Department of 

21 Veterans Affairs. 

22 (13) A requirement that exposure to a blast or 

23 blasts be recorded in the records of members of the 

24 Armed Forces. 


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1 (14) The development of clinical practice guide2 lines for the diagnosis and treatment of blast inju3 ries in members of the Armed Forces, including, but 

4 not limited to, traumatic brain injury. 

5 (c) COORDINATION IN DEVELOPMENT.—Each plan 

6 submitted under subsection (a) shall be developed in co7 ordination with the Secretary of the Army (who was des8 ignated by the Secretary of Defense as executive agent for 

9 the prevention, mitigation, and treatment of blast injuries 

10 under section 256 of the National Defense Authorization 

11 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

12 3181; 10 U.S.C. 1071 note)). 

13 SEC. 222. IMPROVEMENT OF MEDICAL TRACKING SYSTEM 

14 FOR MEMBERS OF THE ARMED FORCES DE15 PLOYED OVERSEAS. 

16 (a) PROTOCOL FOR ASSESSMENT OF COGNITIVE

17 FUNCTIONING.— 

18 (1) PROTOCOL REQUIRED.—Subsection (b) of 

19 section 1074f of title 10, United States Code, is 

20 amended— 

21 (A) in paragraph (2), by adding at the end 

22 the following new subparagraph: 

23 ‘‘(C) An assessment of post-traumatic stress 

24 disorder.’’; and 


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

2 paragraph: 

3 ‘‘(3)(A) The Secretary shall establish for purposes of 

4 subparagraphs (B) and (C) of paragraph (2) a protocol 

5 for the predeployment assessment and documentation of 

6 the cognitive (including memory) functioning of a member 

7 who is deployed outside the United States in order to fa8 cilitate the assessment of the postdeployment cognitive 

9 (including memory) functioning of the member. 

10 ‘‘(B) The protocol under subparagraph (A) shall in11 clude appropriate mechanisms to permit the differential 

12 diagnosis of traumatic brain injury in members returning 

13 from deployment in a combat zone.’’. 

14 (2) PILOT PROJECTS.—(A) In developing the 

15 protocol required by paragraph (3) of section 

16 1074f(b) of title 10, United States Code (as amend17 ed by paragraph (1) of this subsection), for purposes 

18 of assessments for traumatic brain injury, the Sec19 retary of Defense shall conduct up to three pilot 

20 projects to evaluate various mechanisms for use in 

21 the protocol for such purposes. One of the mecha22 nisms to be so evaluated shall be a computer-based 

23 assessment tool. 

24 (B) Not later than 60 days after the completion 

25 of the pilot projects conducted under this paragraph, 


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1 the Secretary shall submit to the appropriate com2 mittees of Congress a report on the pilot projects. 

3 The report shall include— 

4 (i) a description of the pilot projects so 

5 conducted; 

6 (ii) an assessment of the results of each 

7 such pilot project; and 

8 (iii) a description of any mechanisms eval9 uated under each such pilot project that will in10 corporated into the protocol. 

11 (C) There is hereby authorized to be appro12 priated to the Department of Defense, $3,000,000 

13 for the pilot projects authorized by this paragraph. 

14 Of the amount so authorized to be appropriated, not 

15 more than $1,000,000 shall be available for any par16 ticular pilot project. 

17 (b) QUALITY ASSURANCE.—Subsection (d)(2) of sec18 tion 1074f of title 10, United States Code, is amended 

19 by adding at the end the following new subparagraph: 

20 ‘‘(F) The diagnosis and treatment of traumatic 

21 brain injury and post-traumatic stress disorder.’’. 

22 (c) STANDARDS FOR DEPLOYMENT.—Subsection (f) 

23 of such section is amended— 

24 (1) in the subsection heading, by striking 

25 ‘‘MENTAL HEALTH’’; and 


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1 (2) in paragraph (2)(B), by striking ‘‘or’’ and 

2 inserting ‘‘, traumatic brain injury, or’’. 

3 SEC. 223. CENTERS OF EXCELLENCE IN THE PREVENTION, 

4 DIAGNOSIS, MITIGATION, TREATMENT, AND 

5 REHABILITATION OF TRAUMATIC BRAIN IN6 JURY AND POST-TRAUMATIC STRESS DIS7 ORDER. 

8 (a) CENTER OF EXCELLENCE ON TRAUMATIC BRAIN

9 INJURY.—Chapter 55 of title 10, United States Code, is 

10 amended by inserting after section 1105 the following new 

11 section: 

12 ‘‘§ 1105a. Center of Excellence in Prevention, Diag13 nosis, Mitigation, Treatment, and Reha14 bilitation of Traumatic Brain Injury 

15 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

16 establish within the Department of Defense a center of 

17 excellence in the prevention, diagnosis, mitigation, treat18 ment, and rehabilitation of traumatic brain injury (TBI), 

19 including mild, moderate, and severe traumatic brain in20 jury, to carry out the responsibilities specified in sub21 section (c). The center shall be known as a ‘Center of Ex22 cellence in Prevention, Diagnosis, Mitigation, Treatment, 

23 and Rehabilitation of Traumatic Brain Injury’. 

24 ‘‘(b) PARTNERSHIPS.—The Secretary shall authorize 

25 the Center to enter into such partnerships, agreements, 


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1 or other arrangements as the Secretary considers appro2 priate with the Department of Veterans Affairs, institu3 tions of higher education, and other appropriate public 

4 and private entities (including international entities) to 

5 carry out the responsibilities specified in subsection (c). 

6 ‘‘(c) RESPONSIBILITIES.—The Center shall have re7 sponsibilities as follows: 

8 ‘‘(1) To direct and oversee, based on expert re9 search, the development and implementation of a 

10 long-term, comprehensive plan and strategy for the 

11 Department of Defense for the prevention, diagnosis, 

12 mitigation, treatment, and rehabilitation of trau13 matic brain injury. 

14 ‘‘(2) To provide for the development, testing, 

15 and dissemination within the Department of best 

16 practices for the treatment of traumatic brain in17 jury. 

18 ‘‘(3) To provide guidance for the mental health 

19 system of the Department in determining the mental 

20 health and neurological health personnel required to 

21 provide quality mental health care for members of 

22 the armed forces with traumatic brain injury. 

23 ‘‘(4) To establish, implement, and oversee a 

24 comprehensive program to train mental health and 


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1 neurological health professionals of the Department 

2 in the treatment of traumatic brain injury. 

3 ‘‘(5) To facilitate advancements in the study of 

4 the short-term and long-term psychological effects of 

5 traumatic brain injury. 

6 ‘‘(6) To disseminate within the military medical 

7 treatment facilities of the Department best practices 

8 for training mental health professionals, including 

9 neurological health professionals, with respect to 

10 traumatic brain injury. 

11 ‘‘(7) To conduct basic science and translational 

12 research on traumatic brain injury for the purposes 

13 of understanding the etiology of traumatic brain in14 jury and developing preventive interventions and new 

15 treatments. 

16 ‘‘(8) To develop outreach strategies and treat17 ments for families of members of the armed forces 

18 with traumatic brain injury in order to mitigate the 

19 negative impacts of traumatic brain injury on such 

20 family members and to support the recovery of such 

21 members from traumatic brain injury. 

22 ‘‘(9) To conduct research on the unique mental 

23 health needs of women members of the armed forces 

24 with traumatic brain injury and develop treatments 

25 to meet any needs identified through such research. 


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1 ‘‘(10) To conduct research on the unique men2 tal health needs of ethnic minority members of the 

3 armed forces with traumatic brain injury and de4 velop treatments to meet any needs identified 

5 through such research. 

6 ‘‘(11) To conduct research on the mental health 

7 needs of families of members of the armed forces 

8 with traumatic brain injury and develop treatments 

9 to meet any needs identified through such research. 

10 ‘‘(12) To develop and oversee a long-term plan 

11 to increase the number of mental health and neuro12 logical health professionals within the Department in 

13 order to facilitate the meeting by the Department of 

14 the needs of members of the armed forces with trau15 matic brain injury until their transition to care and 

16 treatment from the Department of Veterans Affairs. 

17 ‘‘(13) Such other responsibilities as the Sec18 retary shall specify.’’. 

19 (b) CENTER OF EXCELLENCE ON POST-TRAUMATIC

20 STRESS DISORDER.—Chapter 55 of such title is further 

21 amended by inserting after section 1105a, as added by 

22 subsection (a), the following new section: 


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1 ‘‘§ 1105b. Center of Excellence in Prevention, Diag2 nosis, Mitigation, Treatment, and Reha3 bilitation of Post-Traumatic Stress Dis4 order 

5 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

6 establish within the Department of Defense a center of 

7 excellence in the prevention, diagnosis, mitigation, treat8 ment, and rehabilitation of post-traumatic stress disorder 

9 (PTSD), including mild, moderate, and severe post-trau10 matic stress disorder, to carry out the responsibilities 

11 specified in subsection (c). The center shall be known as 

12 a ‘Center of Excellence in Prevention, Diagnosis, Mitiga13 tion, Treatment, and Rehabilitation of Post-Traumatic 

14 Stress Disorder’. 

15 ‘‘(b) PARTNERSHIPS.—The Secretary shall authorize 

16 the Center to enter into such partnerships, agreements, 

17 or other arrangements as the Secretary considers appro18 priate with the National Center for Post-Traumatic Stress 

19 Disorder of the Department of Veterans Affairs, institu20 tions of higher education, and other appropriate public 

21 and private entities (including international entities) to 

22 carry out the responsibilities specified in subsection (c). 

23 ‘‘(c) RESPONSIBILITIES.—The Center shall have re24 sponsibilities as follows: 

25 ‘‘(1) To direct and oversee, based on expert re26 search, the development and implementation of a 


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1 long-term, comprehensive plan and strategy for the 

2 Department of Defense for the prevention, diagnosis, 

3 mitigation, treatment, and rehabilitation of post4 traumatic stress disorder. 

5 ‘‘(2) To provide for the development, testing, 

6 and dissemination within the Department of best 

7 practices for the treatment of post-traumatic stress 

8 disorder. 

9 ‘‘(3) To provide guidance for the mental health 

10 system of the Department in determining the mental 

11 health and neurological health personnel required to 

12 provide quality mental health care for members of 

13 the armed forces with post-traumatic stress disorder. 

14 ‘‘(4) To establish, implement, and oversee a 

15 comprehensive program to train mental health and 

16 neurological health professionals of the Department 

17 in the treatment of post-traumatic stress disorder. 

18 ‘‘(5) To facilitate advancements in the study of 

19 the short-term and long-term psychological effects of 

20 post-traumatic stress disorder. 

21 ‘‘(6) To disseminate within the military medical 

22 treatment facilities of the Department best practices 

23 for training mental health professionals, including 

24 neurological health professionals, with respect to 

25 post-traumatic stress disorder. 


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1 ‘‘(7) To conduct basic science and translational 

2 research on post-traumatic stress disorder for the 

3 purposes of understanding the etiology of post-trau4 matic stress disorder and developing preventive 

5 interventions and new treatments. 

6 ‘‘(8) To develop outreach strategies and treat7 ments for families of members of the armed forces 

8 with post-traumatic stress disorder in order to miti9 gate the negative impacts of traumatic brain injury 

10 on such family members and to support the recovery 

11 of such members from post-traumatic stress dis12 order. 

13 ‘‘(9) To conduct research on the unique mental 

14 health needs of women members of the armed forces, 

15 including victims of sexual assault, with post-trau16 matic stress disorder and develop treatments to meet 

17 any needs identified through such research. 

18 ‘‘(10) To conduct research on the unique men19 tal health needs of ethnic minority members of the 

20 armed forces with post-traumatic stress disorder and 

21 develop treatments to meet any needs identified 

22 through such research. 

23 ‘‘(11) To conduct research on the mental health 

24 needs of families of members of the armed forces 

25 with post-traumatic stress disorder and develop 


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1 treatments to meet any needs identified through 

2 such research. 

3 ‘‘(12) To develop and oversee a long-term plan 

4 to increase the number of mental health and neuro5 logical health professionals within the Department in 

6 order to facilitate the meeting by the Department of 

7 the needs of members of the armed forces with post8 traumatic stress disorder until their transition to 

9 care and treatment from the Department of Vet10 erans Affairs. 

11 ‘‘(13) Such other responsibilities as the Sec12 retary shall specify.’’. 

13 (c) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 55 of such title is amended 

15 by inserting after the item relating to section 1105 the 

16 following new items: 

‘‘1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, 

and Rehabilitation of Traumatic Brain Injury. 

‘‘1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, 

and Rehabilitation of Post-Traumatic Stress Disorder.’’. 

17 (d) REPORT ON ESTABLISHMENT.—Not later than 

18 180 days after the date of the enactment of this Act, the 

19 Secretary of Defense shall submit to Congress a report 

20 on the establishment of the Center of Excellence in Pre21 vention, Diagnosis, Mitigation, Treatment, and Rehabili22 tation of Traumatic Brain Injury required by section 

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1 section (a)), and the establishment of the Center of Excel2 lence in Prevention, Diagnosis, Mitigation, Treatment, 

3 and Rehabilitation of Post-Traumatic Stress Disorder re4 quired by section 1105b of title 10, United States Code 

5 (as added by subsection (b)). The report shall, for each 

6 such Center— 

7 (1) describe in detail the activities and proposed 

8 activities of such Center; and 

9 (2) assess the progress of such Center in dis10 charging the responsibilities of such Center. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 hereby authorized to be appropriated for fiscal year 2008 

13 for the Department of Defense for Defense Health Pro14 gram, $10,000,000, of which— 

15 (1) $5,000,000 shall be available for the Center 

16 of Excellence in Prevention, Diagnosis, Mitigation, 

17 Treatment, and Rehabilitation of Traumatic Brain 

18 Injury required by section 1105a of title 10, United 

19 States Code; and 

20 (2) $5,000,000 shall be available for the Center 

21 of Excellence in Prevention, Diagnosis, Mitigation, 

22 Treatment, and Rehabilitation of Post-Traumatic 

23 Stress Disorder required by section 1105b of title 

24 10, United States Code. 


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1 SEC. 224. FUNDING FOR IMPROVED DIAGNOSIS, TREAT2 MENT, AND REHABILITATION OF MEMBERS 

3 OF THE ARMED FORCES WITH TRAUMATIC 

4 BRAIN INJURY OR POST-TRAUMATIC STRESS 

5 DISORDER. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—Funds are hereby authorized 

8 to be appropriated for fiscal year 2008 for the De9 partment of Defense for Defense Health Program in 

10 the amount of $50,000,000, with such amount to be 

11 available for activities as follows: 

12 (A) Activities relating to the improved di13 agnosis, treatment, and rehabilitation of mem14 bers of the Armed Forces with traumatic brain 

15 injury (TBI). 

16 (B) Activities relating to the improved di17 agnosis, treatment, and rehabilitation of mem18 bers of the Armed Forces with post-traumatic 

19 stress disorder (PTSD). 

20 (2) AVAILABILITY OF AMOUNT.—Of the amount 

21 authorized to be appropriated by paragraph (1), 

22 $17,000,000 shall be available for the Defense and 

23 Veterans Brain Injury Center of the Department of 

24 Defense. 

25 (b) SUPPLEMENT NOT SUPPLANT.—The amount au26 thorized to be appropriated by subsection (a) for Defense 


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1 Health Program is in addition to any other amounts au2 thorized to be appropriated by this Act for Defense Health 

3 Program. 

4 SEC. 225. REPORTS. 

5 (a) REPORTS ON IMPLEMENTATION OF CERTAIN RE6 QUIREMENTS.—Not later than 90 days after the date of 

7 the enactment of this Act, the Secretary of Defense shall 

8 submit to the congressional defense committees a report 

9 describing the progress in implementing the requirements 

10 as follows: 

11 (1) The requirements of section 721 of the 

12 John Warner National Defense Authorization Act 

13 for Fiscal Year 2007 (Public Law 109–364; 120 

14 Stat. 2294), relating to a longitudinal study on trau15 matic brain injury incurred by members of the 

16 Armed Forces in Operation Iraqi Freedom and Op17 eration Enduring Freedom. 

18 (2) The requirements arising from the amend19 ments made by section 738 of the John Warner Na20 tional Defense Authorization Act for Fiscal Year 

21 2007 (120 Stat. 2303), relating to enhanced mental 

22 health screening and services for members of the 

23 Armed Forces. 

24 (3) The requirements of section 741 of the 

25 John Warner National Defense Authorization Act 


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1 for Fiscal Year 2007 (120 Stat. 2304), relating to 

2 pilot projects on early diagnosis and treatment of 

3 post-traumatic stress disorder and other mental 

4 health conditions. 

5 (b) ANNUAL REPORTS ON EXPENDITURES FOR AC6 TIVITIES ON TBI AND PTSD.— 

7 (1) REPORTS REQUIRED.—Not later than 

8 March 1, 2008, and each year thereafter, the Sec9 retary of Defense shall submit to the congressional 

10 defense committees a report setting forth the 

11 amounts expended by the Department of Defense 

12 during the preceding calendar year on activities de13 scribed in paragraph (2), including the amount allo14 cated during such calendar year to the Defense and 

15 Veterans Brain Injury Center of the Department. 

16 (2) COVERED ACTIVITIES.—The activities de17 scribed in this paragraph are activities as follows: 

18 (A) Activities relating to the improved di19 agnosis, treatment, and rehabilitation of mem20 bers of the Armed Forces with traumatic brain 

21 injury (TBI). 

22 (B) Activities relating to the improved di23 agnosis, treatment, and rehabilitation of mem24 bers of the Armed Forces with post-traumatic 

25 stress disorder (PTSD). 


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1 (3) ELEMENTS.—Each report under paragraph 

2 (1) shall include— 

3 (A) a description of the amounts expended 

4 as described in that paragraph, including a de5 scription of the activities for which expended; 

6 (B) a description and assessment of the 

7 outcome of such activities; 

8 (C) a statement of priorities of the Depart9 ment in activities relating to the prevention, di10 agnosis, research, treatment, and rehabilitation 

11 of traumatic brain injury in members of the 

12 Armed Forces during the year in which such re13 port is submitted and in future calendar years; 

14 and 

15 (D) a statement of priorities of the De16 partment in activities relating to the prevention, 

17 diagnosis, research, treatment, and rehabilita18 tion of post-traumatic stress disorder in mem19 bers of the Armed Forces during the year in 

20 which such report is submitted and in future 

21 calendar years. 


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1 Subtitle D—Other Matters 

2 SEC. 231. JOINT ELECTRONIC HEALTH RECORD FOR THE 

3 DEPARTMENT OF DEFENSE AND DEPART4 MENT OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—The Secretary of Defense and the 

6 Secretary of Veterans Affairs shall jointly— 

7 (1) develop and implement a joint electronic 

8 health record for use by the Department of Defense 

9 and the Department of Veterans Affairs; and 

10 (2) accelerate the exchange of health care infor11 mation between the Department of Defense and the 

12 Department of Veterans Affairs in order to support 

13 the delivery of health care by both Departments. 

14 (b) DEPARTMENT OF DEFENSE-DEPARTMENT OF

15 VETERANS AFFAIRS INTERAGENCY PROGRAM OFFICE

16 FOR A JOINT ELECTRONIC HEALTH RECORD.— 

17 (1) IN GENERAL.—There is hereby established 

18 a joint element of the Department of Defense and 

19 the Department of Veterans Affairs to be known as 

20 the ‘‘Department of Defense-Department of Vet21 erans Affairs Interagency Program Office for a 

22 Joint Electronic Health Record’’ (in this section re23 ferred to as the ‘‘Office’’). 

24 (2) PURPOSES.—The purposes of the Office 

25 shall be as follows: 


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1 (A) To act as a single point of account2 ability for the Department of Defense and the 

3 Department of Veterans Affairs in the rapid de4 velopment, test, and implementation of a joint 

5 electronic health record for use by the Depart6 ment of Defense and the Department of Vet7 erans Affairs. 

8 (B) To accelerate the exchange of health 

9 care information between Department of De10 fense and the Department of Veterans Affairs 

11 in order to support the delivery of health care 

12 by both Departments. 

13 (c) LEADERSHIP.— 

14 (1) DIRECTOR.—The Director of the Depart15 ment of Defense-Department of Veterans Affairs 

16 Interagency Program Office for a Joint Electronic 

17 Health Record shall be the head of the Office. 

18 (2) DEPUTY DIRECTOR.—The Deputy Director 

19 of the Department of Defense-Department of Vet20 erans Affairs Interagency Program Office for a 

21 Joint Electronic Health Record shall be the deputy 

22 head of the office and shall assist the Director in 

23 carrying out the duties of the Director. 

24 (3) APPOINTMENTS.—(A) The Director shall be 

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1 currence of the Secretary of Veterans Affairs, from 

2 among employees of the Department of Defense and 

3 the Department of Veterans Affairs in the Senior 

4 Executive Service who are qualified to direct the de5 velopment and acquisition of major information tech6 nology capabilities. 

7 (B) The Deputy Director shall be appointed by 

8 the Secretary of Veterans Affairs, with the concur9 rence of the Secretary of Defense, from among em10 ployees of the Department of Defense and the De11 partment of Veterans Affairs in the Senior Execu12 tive Service who are qualified to direct the develop13 ment and acquisition of major information tech14 nology capabilities. 

15 (4) ADDITIONAL GUIDANCE.—In addition to the 

16 direction, supervision, and control provided by the 

17 Secretary of Defense and the Secretary of Veterans 

18 Affairs, the Office shall also receive guidance from 

19 the Department of Veterans Affairs-Department of 

20 Defense Joint Executive Committee under section 

21 320 of title 38, United States Code, in the discharge 

22 of the functions of the Office under this section. 

23 (5) TESTIMONY.—Upon request by any of the 

24 appropriate committees of Congress, the Director 

25 and the Deputy Director shall testify before such 


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1 committee regarding the discharge of the functions 

2 of the Office under this section. 

3 (d) FUNCTION.—The function of the Office shall be 

4 to develop and prepare for deployment, by not later than 

5 September 30, 2010, a joint electronic health record to 

6 be utilized by both the Department of Defense and the 

7 Department of Veterans Affairs in the provision of med8 ical care and treatment to members of the Armed Forces 

9 and veterans. 

10 (e) SCHEDULES AND BENCHMARKS.—Not later than 

11 30 days after the date of the enactment of this Act, the 

12 Secretary of Defense and the Secretary of Veterans Af13 fairs shall jointly establish a schedule and benchmarks for 

14 the discharge by the Office of its function under this sec15 tion, including each of the following: 

16 (1) A schedule for the establishment of the Of17 fice. 

18 (2) A schedule and deadline for the establish19 ment of the requirements for the joint electronic 

20 health record described in subsection (d). 

21 (3) A schedule and associated deadlines for any 

22 acquisition and testing required in the development 

23 and deployment of the joint electronic health record. 


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1 (4) A schedule and associated deadlines and re2 quirements for the deployment of the joint electronic 

3 health record. 

4 (5) Proposed funding for the Office for each of 

5 fiscal years 2009 through 2013 for the discharge of 

6 its function. 

7 (f) PILOT PROJECTS.— 

8 (1) AUTHORITY.—In order to assist the Office 

9 in the discharge of its function under this section, 

10 the Secretary of Defense and the Secretary of Vet11 erans Affairs may, acting jointly, carry out one or 

12 more pilot projects to assess the feasability and ad13 visability of various technological approaches to the 

14 achievement of the joint electronic health record de15 scribed in subsection (d). 

16 (2) TREATMENT AS SINGLE HEALTH CARE SYS17 TEM.—For purposes of each pilot project carried out 

18 under this subsection, the health care system of the 

19 Department of Defense and the health care system 

20 of the Department of Veterans Affairs shall be treat21 ed as a single health care system for purposes of the 

22 regulations promulgated under section 264(c) of the 

23 Health Insurance Portability and Accountability Act 

24 of 1996 (42 U.S.C. 1320d–2 note). 

25 (g) STAFF AND OTHER RESOURCES.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 and the Secretary of Veterans Affairs shall assign to 

3 the Office such personnel and other resources of the 

4 Department of Defense and the Department of Vet5 erans Affairs as are required for the discharge of its 

6 function under this section. 

7 (2) ADDITIONAL SERVICES.—Subject to the ap8 proval of the Secretary of Defense and the Secretary 

9 of Veterans Affairs, the Director may utilize the 

10 services of private individuals and entities as con11 sultants to the Office in the discharge of its function 

12 under this section. Amounts available to the Office 

13 shall be available for payment for such services. 

14 (h) ANNUAL REPORTS.— 

15 (1) IN GENERAL.—Not later than January 1, 

16 2009, and each year thereafter through 2014, the 

17 Director shall submit to the Secretary of Defense 

18 and the Secretary of Veterans Affairs, and to the 

19 appropriate committees of Congress, a report on the 

20 activities of the Office during the preceding calendar 

21 year. Each report shall include, for the year covered 

22 by such report, the following: 

23 (A) A detailed description of the activities 

24 of the Office, including a detailed description of 


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1 the amounts expended and the purposes for 

2 which expended. 

3 (B) An assessment of the progress made 

4 by the Department of Defense and the Depart5 ment of Veterans Affairs in the development 

6 and implementation of the joint electronic 

7 health record described in subsection (d). 

8 (2) AVAILABILITY TO PUBLIC.—The Secretary 

9 of Defense and the Secretary of Veterans Affairs 

10 shall make available to the public each report sub11 mitted under paragraph (1), including by posting 

12 such report on the Internet website of the Depart13 ment of Defense and the Department of Veterans 

14 Affairs, respectively, that is available to the public. 

15 (i) COMPTROLLER GENERAL ASSESSMENT OF IM16 PLEMENTATION.—Not later than six months after the 

17 date of the enactment of this Act and every six months 

18 thereafter until the completion of the implementation of 

19 the joint electronic health record described in subsection 

20 (d), the Comptroller General of the United States shall 

21 submit to the appropriate committees of Congress a report 

22 setting forth the assessment of the Comptroller General 

23 of the progress of the Department of Defense and the De24 partment of Veterans Affairs in developing and imple25 menting the joint electronic health record. 


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1 (j) FUNDING.— 

2 (1) IN GENERAL.—The Secretary of Defense 

3 and the Secretary of Veterans Affairs shall each con4 tribute equally to the costs of the Office in fiscal 

5 year 2008 and fiscal years thereafter. The amount 

6 so contributed by each Secretary in fiscal year 2008 

7 shall be up to $10,000,000. 

8 (2) SOURCE OF FUNDS.—(A) Amounts contrib9 uted by the Secretary of Defense under paragraph 

10 (1) shall be derived from amounts authorized to be 

11 appropriated for the Department of Defense for the 

12 Defense Health Program and available for program 

13 management and technology resources. 

14 (B) Amounts contributed by the Secretary of 

15 Veterans Affairs under paragraph (1) shall be de16 rived from amounts authorized to be appropriated 

17 for the Department of Veterans Affairs for Medical 

18 Care and available for program management and 

19 technology resources. 

20 (k) JOINT ELECTRONIC HEALTH RECORD DE21 FINED.—In this section, the term ‘‘joint electronic health 

22 record’’ means a single system that includes patient infor23 mation across the continuum of medical care, including 

24 inpatient care, outpatient care, pharmacy care, patient 

25 safety, and rehabilitative care. 


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1 SEC. 232. ENHANCED PERSONNEL AUTHORITIES FOR THE 

2 DEPARTMENT OF DEFENSE FOR HEALTH 

3 CARE PROFESSIONALS FOR CARE AND 

4 TREATMENT OF WOUNDED AND INJURED 

5 MEMBERS OF THE ARMED FORCES. 

6 (a) IN GENERAL.—Section 1599c of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 1599c. Health care professionals: enhanced ap9 pointment and compensation authority 

10 for personnel for care and treatment of 

11 wounded and injured members of the 

12 armed forces 

13 ‘‘The Secretary of Defense may, in the discretion of 

14 the Secretary, exercise any authority for the appointment 

15 and pay of health care personnel under chapter 74 of title 

16 38 for purposes of the recruitment, employment, and re17 tention of civilian health care professionals for the Depart18 ment of Defense if the Secretary determines that the exer19 cise of such authority is necessary in order to provide or 

20 enhance the capacity of the Department to provide care 

21 and treatment for members of the armed forces who are 

22 wounded or injured on active duty in the armed forces.’’. 

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

24 at the beginning of chapter 81 of such title is amended 

25 by striking the item relating to section 1599c and insert26 ing the following new item: 


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‘‘1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and 

injured members of the armed forces.’’. 

1 SEC. 233. PERSONNEL SHORTAGES IN THE MENTAL 

2 HEALTH WORKFORCE OF THE DEPARTMENT 

3 OF DEFENSE. 

4 (a) RECOMMENDATIONS ON MEANS OF ADDRESSING

5 SHORTAGES.— 

6 (1) REPORT.—Not later than 45 days after the 

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

8 Defense shall submit to the Committees on Armed 

9 Services of the Senate and the House of Representa10 tives a report setting forth the recommendations of 

11 the Secretary for such legislative or administrative 

12 actions as the Secretary considers appropriate to ad13 dress current personnel shortages in the mental 

14 health workforce of the Department of Defense. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall address the following: 

17 (A) Enhancements or improvements of fi18 nancial incentives for personnel in the mental 

19 health workforce of the Department of Defense 

20 in order to enhance the recruitment and reten21 tion of such personnel, including recruitment, 

22 accession, or retention bonuses and scholarship, 

23 tuition, and other financial assistance. 


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1 (B) Modifications of service obligations of 

2 personnel in the mental health workforce. 

3 (C) Such other matters as the Secretary 

4 considers appropriate. 

5 (b) RECRUITMENT.—Commencing not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary of Defense shall implement programs to recruit 

8 qualified individuals in mental health fields to serve in the 

9 Armed Forces as mental health personnel of the Armed 

10 Forces. 

11 TITLE III—DISABILITY MATTERS 

12 Subtitle A—Disability Evaluations 

13 SEC. 301. UTILIZATION OF VETERANS’ PRESUMPTION OF 

14 SOUND CONDITION IN ESTABLISHING ELIGI15 BILITY OF MEMBERS OF THE ARMED FORCES 

16 FOR RETIREMENT FOR DISABILITY. 

17 (a) RETIREMENT OF REGULARS AND MEMBERS ON

18 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Clause (i) of 

19 section 1201(b)(3)(A) of title 10, United States Code, is 

20 amended to read as follows: 

21 ‘‘(i) the member has six months or 

22 more of active military service and the dis23 ability was not noted at the time of the 

24 member’s entrance on active duty (unless 

25 compelling evidence or medical judgment is 


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1 such to warrant a finding that the dis2 ability existed before the member’s en3 trance on active duty);’’. 

4 (b) SEPARATION OF REGULARS AND MEMBERS ON

5 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Section 

6 1203(b)(4)(B) of such title is amended by striking ‘‘and 

7 the member has at least eight years of service computed 

8 under section 1208 of this title’’ and inserting ‘‘, the mem9 ber has six months or more of active military service, and 

10 the disability was not noted at the time of the member’s 

11 entrance on active duty (unless evidence or medical judg12 ment is such to warrant a finding that the disability ex13 isted before the member’s entrance on active duty)’’. 

14 SEC. 302. REQUIREMENTS AND LIMITATIONS ON DEPART15 MENT OF DEFENSE DETERMINATIONS OF 

16 DISABILITY WITH RESPECT TO MEMBERS OF 

17 THE ARMED FORCES. 

18 (a) IN GENERAL.—Chapter 61 of title 10, United 

19 States Code, is amended by inserting after section 1216 

20 the following new section: 

21 ‘‘§ 1216a. Determinations of disability: requirements 

22 and limitations on determinations 

23 ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING

24 DISABILITIES IN DETERMINATIONS OF DISABILITY.—(1) 

25 In making a determination of disability of a member of 


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1 the armed forces for purposes of this chapter, the Sec2 retary concerned— 

3 ‘‘(A) shall, to the extent feasible, utilize the 

4 schedule for rating disabilities in use by the Depart5 ment of Veterans Affairs, including any applicable 

6 interpretation of the schedule by the United States 

7 Court of Appeals for Veterans Claims; and 

8 ‘‘(B) except as provided in paragraph (2), may 

9 not deviate from the schedule or any such interpre10 tation of the schedule. 

11 ‘‘(2) In making a determination described in para12 graph (1), the Secretary concerned may utilize in lieu of 

13 the schedule described in that paragraph such criteria as 

14 the Secretary of Defense and the Secretary of Veterans 

15 Affairs may jointly prescribe for purposes of this sub16 section if the utilization of such criteria will result in a 

17 determination of a greater percentage of disability than 

18 would be otherwise determined through the utilization of 

19 the schedule. 

20 ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI21 TIONS.—In making a determination of the rating of dis22 ability of a member of the armed forces for purposes of 

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1 tively, that render the member unfit to perform the duties 

2 of the member’s office, grade, rank, or rating.’’. 

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

4 at the beginning of chapter 61 of such title is amended 

5 by inserting after the item relating to section 1216 the 

6 following new item: 

‘‘1216a. Determinations of disability: requirements and limitations on determinations.’’. 

7 SEC. 303. REVIEW OF SEPARATION OF MEMBERS OF THE 

8 ARMED FORCES SEPARATED FROM SERVICE 

9 WITH A DISABILITY RATING OF 20 PERCENT 

10 DISABLED OR LESS. 

11 (a) BOARD REQUIRED.— 

12 (1) IN GENERAL.—Chapter 79 of title 10, 

13 United States Code, is amended by inserting after 

14 section 1554 adding the following new section: 

15 ‘‘§ 1554a. Review of separation with disability rating 

16 of 20 percent disabled or less 

17 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense 

18 shall establish within the Office of the Secretary of De19 fense a board of review to review the disability determina20 tions of covered individuals by Physical Evaluation 

21 Boards. The board shall be known as the ‘Physical Dis22 ability Board of Review’. 

23 ‘‘(2) The Board shall consist of not less than three 

24 members appointed by the Secretary. 


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1 ‘‘(b) COVERED INDIVIDUALS.—For purposes of this 

2 section, covered individuals are members and former mem3 bers of the armed forces who, during the period beginning 

4 on September 11, 2001, and ending on December 31, 

5 2009— 

6 ‘‘(1) are separated from the armed forces due 

7 to unfitness for duty due to a medical condition with 

8 a disability rating of 20 percent disabled or less; and 

9 ‘‘(2) are found to be not eligible for retirement. 

10 ‘‘(c) REVIEW.—(1) Upon its own motion, or upon the 

11 request of a covered individual, or a surviving spouse, next 

12 of kin, or legal representative of a covered individual, the 

13 Board shall review the findings and decisions of the Phys14 ical Evaluation Board with respect to such covered indi15 vidual. 

16 ‘‘(2) The review by the Board under paragraph (1) 

17 shall be based on the records of the armed force concerned 

18 and such other evidence as may be presented to the Board. 

19 A witness may present evidence to the Board by affidavit 

20 or by any other means considered acceptable by the Sec21 retary of Defense. 

22 ‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Board 

23 may, as a result of its findings under a review under sub24 section (c), recommend to the Secretary concerned the fol25 lowing (as applicable) with respect to a covered individual: 


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1 ‘‘(1) No recharacterization of the separation of 

2 such individual or modification of the disability rat3 ing previously assigned such individual. 

4 ‘‘(2) The recharacterization of the separation of 

5 such individual to retirement for disability. 

6 ‘‘(3) The modification of the disability rating 

7 previously assigned such individual by the Physical 

8 Evaluation Board concerned. 

9 ‘‘(4) The issuance of a new disability rating for 

10 such individual. 

11 ‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The 

12 Secretary concerned may correct the military records of 

13 a covered individual in accordance with a recommendation 

14 made by the Board under subsection (d). Any such correc15 tion may be made effective as of the effective date of the 

16 action taken on the report of the Physical Evaluation 

17 Board to which such recommendation relates. 

18 ‘‘(2) In the case of a member previously separated 

19 pursuant to the findings and decision of a Physical Eval20 uation Board together with a lump-sum or other payment 

21 of back pay and allowances at separation, the amount of 

22 pay or other monetary benefits to which such member 

23 would be entitled based on the member’s military record 

24 as corrected shall be reduced to take into account receipt 


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1 of such lump-sum or other payment in such manner as 

2 the Secretary of Defense considers appropriate. 

3 ‘‘(3) If the Board makes a recommendation not to 

4 correct the military records of a covered individual, the 

5 action taken on the report of the Physical Evaluation 

6 Board to which such recommendation relates shall be 

7 treated as final as of the date of such action. 

8 ‘‘(f) REGULATIONS.—(1) This section shall be carried 

9 out in accordance with regulations prescribed by the Sec10 retary of Defense. 

11 ‘‘(2) The regulations under paragraph (1) shall speci12 fy the effect of a determination or pending determination 

13 of a Physical Evaluation Board on considerations by 

14 boards for correction of military records under section 

15 1552 of this title.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 79 of such title is 

18 amended by inserting after the item relating to sec19 tion 1554 the following new item: 

‘‘1554a. Review of separation with disability rating of 20 percent disabled or 

less.’’. 

20 (b) IMPLEMENTATION.—The Secretary of Defense 

21 shall establish the board of review required by section 

22 1554a of title 10, United States Code (as added by sub23 section (a)), and prescribe the regulations required by 


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1 such section, not later than 90 days after the date of the 

2 enactment of this Act. 

3 SEC. 304. PILOT PROGRAMS ON REVISED AND IMPROVED 

4 DISABILITY EVALUATION SYSTEM FOR MEM5 BERS OF THE ARMED FORCES. 

6 (a) PILOT PROGRAMS.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall, in consultation with the Secretary of Veterans 

9 Affairs, carry out pilot programs with respect to the 

10 disability evaluation system of the Department of 

11 Defense for the purpose set forth in subsection (d). 

12 (2) REQUIRED PILOT PROGRAMS.—In carrying 

13 out this section, the Secretary of Defense shall carry 

14 out the pilot programs described in paragraphs (1) 

15 through (3) of subsection (c). Each such pilot pro16 gram shall be implemented not later than 90 days 

17 after the date of the enactment of this Act. 

18 (3) AUTHORIZED PILOT PROGRAMS.—In car19 rying out this section, the Secretary of Defense may 

20 carry out such other pilot programs as the Secretary 

21 of Defense, in consultation with the Secretary of 

22 Veterans Affairs, considers appropriate. 

23 (b) DISABILITY EVALUATION SYSTEM OF THE DE24 PARTMENT OF DEFENSE.—For purposes of this section, 

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1 fense is the system of the Department for the evaluation 

2 of the disabilities of members of the Armed Forces who 

3 are being separated or retired from the Armed Forces for 

4 disability under chapter 61 of title 10, United States 

5 Code. 

6 (c) SCOPE OF PILOT PROGRAMS.— 

7 (1) DISABILITY DETERMINATIONS BY DOD UTI8 LIZING VA ASSIGNED DISABILITY RATING.—Under 

9 one of the pilot programs under subsection (a), for 

10 purposes of making a determination of disability of 

11 a member of the Armed Forces under section 

12 1201(b) of title 10, United States Code, for the re13 tirement, separation, or placement of the member on 

14 the temporary disability retired list under chapter 61 

15 of such title, upon a determination by the Secretary 

16 of the military department concerned that the mem17 ber is unfit to perform the duties of the member’s 

18 office, grade, rank, or rating because of a physical 

19 disability as described in section 1201(a) of such 

20 title— 

21 (A) the Secretary of Veterans Affairs 

22 shall— 

23 (i) conduct an evaluation of the mem24 ber for physical disability; and 


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1 (ii) assign the member a rating of dis2 ability in accordance with the schedule for 

3 rating disabilities utilized by the Secretary 

4 of Veterans Affairs based on all medical 

5 conditions (whether individually or collec6 tively) that render the member unfit for 

7 duty; and 

8 (B) the Secretary of the military depart9 ment concerned shall make the determination of 

10 disability regarding the member utilizing the 

11 rating of disability assigned under subpara12 graph (A)(ii). 

13 (2) DISABILITY DETERMINATIONS UTILIZING

14 JOINT DOD/VA ASSIGNED DISABILITY RATING.— 

15 Under one of the pilot programs under subsection 

16 (a), in making a determination of disability of a 

17 member of the Armed Forces under section 1201(b) 

18 of title 10, United States Code, for the retirement, 

19 separation, or placement of the member on the tem20 porary disability retired list under chapter 61 of 

21 such title, the Secretary of the military department 

22 concerned shall, upon determining that the member 

23 is unfit to perform the duties of the member’s office, 

24 grade, rank, or rating because of a physical dis25 ability as described in section 1201(a) of such title— 


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1 (A) provide for the joint evaluation of the 

2 member for disability by the Secretary of the 

3 military department concerned and the Sec4 retary of Veterans Affairs, including the assign5 ment of a rating of disability for the member in 

6 accordance with the schedule for rating disabil7 ities utilized by the Secretary of Veterans Af8 fairs based on all medical conditions (whether 

9 individually or collectively) that render the 

10 member unfit for duty; and 

11 (B) make the determination of disability 

12 regarding the member utilizing the rating of 

13 disability assigned under subparagraph (A). 

14 (3) ELECTRONIC CLEARING HOUSE.—Under 

15 one of the pilot programs, the Secretary of Defense 

16 shall establish and operate a single Internet website 

17 for the disability evaluation system of the Depart18 ment of Defense that enables participating members 

19 of the Armed Forces to fully utilize such system 

20 through the Internet, with such Internet website to 

21 include the following: 

22 (A) The availability of any forms required 

23 for the utilization of the disability evaluation 

24 system by members of the Armed Forces under 

25 the system. 


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1 (B) Secure mechanisms for the submission 

2 of such forms by members of the Armed Forces 

3 under the system, and for the tracking of the 

4 acceptance and review of any forms so sub5 mitted. 

6 (C) Secure mechanisms for advising mem7 bers of the Armed Forces under the system of 

8 any additional information, forms, or other 

9 items that are required for the acceptance and 

10 review of any forms so submitted. 

11 (D) The continuous availability of assist12 ance to members of the Armed Forces under 

13 the system (including assistance through the 

14 caseworkers assigned to such members of the 

15 Armed Forces) in submitting and tracking such 

16 forms, including assistance in obtaining infor17 mation, forms, or other items described by sub18 paragraph (C). 

19 (E) Secure mechanisms to request and re20 ceive personnel files or other personnel records 

21 of members of the Armed Forces under the sys22 tem that are required for submission under the 

23 disability evaluation system, including the capa24 bility to track requests for such files or records 


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1 and to determine the status of such requests 

2 and of responses to such requests. 

3 (4) OTHER PILOT PROGRAMS.—Under any pilot 

4 program carried out by the Secretary of Defense 

5 under subsection (a)(3), the Secretary shall provide 

6 for the development, evaluation, and identification of 

7 such practices and procedures under the disability 

8 evaluation system of the Department of Defense as 

9 the Secretary considers appropriate for purpose set 

10 forth in subsection (d). 

11 (d) PURPOSE.—The purpose of each pilot program 

12 under subsection (a) shall be— 

13 (1) to provide for the development, evaluation, 

14 and identification of revised and improved practices 

15 and procedures under the disability evaluation sys16 tem of the Department of Defense in order to— 

17 (A) reduce the processing time under the 

18 disability evaluation system of members of the 

19 Armed Forces who are likely to be retired or 

20 separated for disability, and who have not re21 quested continuation on active duty, including, 

22 in particular, members who are severely wound23 ed; 

24 (B) identify and implement or seek the 

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1 cies and requirements applicable to the dis2 ability evaluation system that— 

3 (i) are unnecessary or contrary to ap4 plicable best practices of civilian employers 

5 and civilian healthcare systems; or 

6 (ii) otherwise result in hardship, arbi7 trary, or inconsistent outcomes for mem8 bers of the Armed Forces, or unwarranted 

9 inefficiencies and delays; 

10 (C) eliminate material variations in poli11 cies, interpretations, and overall performance 

12 standards among the military departments 

13 under the disability evaluation system; and 

14 (D) determine whether it enhances the ca15 pability of the Department of Veterans Affairs 

16 to receive and determine claims from members 

17 of the Armed Forces for compensation, pension, 

18 hospitalization, or other veterans benefits; and 

19 (2) in conjunction with the findings and rec20 ommendations of applicable Presidential and De21 partment of Defense study groups, to provide for the 

22 eventual development of revised and improved prac23 tices and procedures for the disability evaluation sys24 tem in order to achieve the objectives set forth in 

25 paragraph (1). 


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1 (e) UTILIZATION OF RESULTS IN UPDATES OF COM2 PREHENSIVE POLICY ON CARE, MANAGEMENT, AND

3 TRANSITION OF COVERED SERVICEMEMBERS.—The Sec4 retary of Defense and the Secretary of Veterans Affairs 

5 shall jointly incorporate responses to any findings and rec6 ommendations arising under the pilot programs required 

7 by subsection (a) in updating the comprehensive policy on 

8 the care and management of covered servicemembers 

9 under section 101. 

10 (f) CONSTRUCTION WITH OTHER AUTHORITIES.— 

11 (1) IN GENERAL.—Subject to paragraph (2), in 

12 carrying out a pilot program under subsection (a)— 

13 (A) the rules and regulations of the De14 partment of Defense and the Department of 

15 Veterans Affairs relating to methods of deter16 mining fitness or unfitness for duty and dis17 ability ratings for members of the Armed 

18 Forces shall apply to the pilot program only to 

19 the extent provided in the report on the pilot 

20 program under subsection (h)(1); and 

21 (B) the Secretary of Defense and the Sec22 retary of Veterans Affairs may waive any provi23 sion of title 10, 37, or 38, United States Code, 

24 relating to methods of determining fitness or 

25 unfitness for duty and disability ratings for 


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1 members of the Armed Forces if the Secretaries 

2 determine in writing that the application of 

3 such provision would be inconsistent with the 

4 purpose of the pilot program. 

5 (2) LIMITATION.—Nothing in paragraph (1) 

6 shall be construed to authorize the waiver of any 

7 provision of section 1216a of title 10, United States 

8 Code, as added by section 302 of this Act. 

9 (g) DURATION.—Each pilot program under sub10 section (a) shall be completed not later than one year after 

11 the date of the commencement of such pilot program 

12 under that subsection. 

13 (h) REPORTS.— 

14 (1) INITIAL REPORT.—Not later than 90 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the appropriate 

17 committees of Congress a report on the pilot pro18 grams under subsection (a). The report shall in19 clude— 

20 (A) a description of the scope and objec21 tives of each pilot program; 

22 (B) a description of the methodology to be 

23 used under such pilot program to ensure rapid 

24 identification under such pilot program of re25 vised or improved practices under the disability 


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1 evaluation system of the Department of Defense 

2 in order to achieve the objectives set forth in 

3 subsection (d)(1); and 

4 (C) a statement of any provision described 

5 in subsection (f)(1)(B) that shall not apply to 

6 the pilot program by reason of a waiver under 

7 that subsection. 

8 (2) INTERIM REPORT.—Not later than 150 

9 days after the date of the submittal of the report re10 quired by paragraph (1), the Secretary shall submit 

11 to the appropriate committees of Congress a report 

12 describing the current status of such pilot program. 

13 (3) FINAL REPORT.—Not later than 90 days 

14 after the completion of all the pilot programs de15 scribed in paragraphs (1) through (3) of subsection 

16 (c), the Secretary shall submit to the appropriate 

17 committees of Congress a report setting forth a final 

18 evaluation and assessment of such pilot programs. 

19 The report shall include such recommendations for 

20 legislative or administrative action as the Secretary 

21 considers appropriate in light of such pilot pro22 grams. 


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1 SEC. 305. REPORTS ON ARMY ACTION PLAN IN RESPONSE 

2 TO DEFICIENCIES IN THE ARMY PHYSICAL 

3 DISABILITY EVALUATION SYSTEM. 

4 (a) REPORTS REQUIRED.—Not later than 30 days 

5 after the date of the enactment of this Act, and every 120 

6 days thereafter until March 1, 2009, the Secretary of De7 fense shall submit to the congressional defense committees 

8 a report on the implementation of corrective measures by 

9 the Department of Defense with respect to the Physical 

10 Disability Evaluation System (PDES) in response to the 

11 following: 

12 (1) The report of the Inspector General of the 

13 Army on that system of March 6, 2007. 

14 (2) The report of the Independent Review 

15 Group on Rehabilitation Care and Administrative 

16 Processes at Walter Reed Army Medical Center and 

17 National Naval Medical Center. 

18 (3) The report of the Department of Veterans 

19 Affairs Task Force on Returning Global War on 

20 Terror Heroes. 

21 (b) ELEMENTS OF REPORT.—Each report under sub22 section (a) shall include current information on the fol23 lowing: 

24 (1) The total number of cases, and the number 

25 of cases involving combat disabled servicemembers, 

26 pending resolution before the Medical and Physical 


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1 Disability Evaluation Boards of the Army, including 

2 information on the number of members of the Army 

3 who have been in a medical hold or holdover status 

4 for more than each of 100, 200, and 300 days. 

5 (2) The status of the implementation of modi6 fications to disability evaluation processes of the De7 partment of Defense in response to the following: 

8 (A) The report of the Inspector General on 

9 such processes dated March 6, 2007. 

10 (B) The report of the Independent Review 

11 Group on Rehabilitation Care and Administra12 tive Processes at Walter Reed Army Medical 

13 Center and National Naval Medical Center. 

14 (C) The report of the Department of Vet15 erans Affairs Task Force on Returning Global 

16 War on Terror Heroes. 

17 (c) POSTING ON INTERNET.—Not later than 24 

18 hours after submitting a report under subsection (a), the 

19 Secretary shall post such report on the Internet website 

20 of the Department of Defense that is available to the pub21 lic. 


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1 Subtitle B—Other Disability 

2 Matters 

3 SEC. 311. ENHANCEMENT OF DISABILITY SEVERANCE PAY 

4 FOR MEMBERS OF THE ARMED FORCES. 

5 (a) IN GENERAL.—Section 1212 of title 10, United 

6 States Code, is amended— 

7 (1) in subsection (a)(1), by striking ‘‘his years 

8 of service, but not more than 12, computed under 

9 section 1208 of this title’’ in the matter preceding 

10 subparagraph (A) and inserting ‘‘the member’s years 

11 of service computed under section 1208 of this title 

12 (subject to the minimum and maximum years of 

13 service provided for in subsection (c))’’; 

14 (2) by redesignating subsection (c) as sub15 section (d); and 

16 (3) by inserting after subsection (b) the fol17 lowing new subsection (c): 

18 ‘‘(c)(1) The minimum years of service of a member 

19 for purposes of subsection (a)(1) shall be as follows: 

20 ‘‘(A) Six years in the case of a member sepa21 rated from the armed forces for a disability incurred 

22 in line of duty in a combat zone (as designated by 

23 the Secretary of Defense for purposes of this sub24 section). 


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1 ‘‘(B) Three years in the case of any other mem2 ber. 

3 ‘‘(2) The maximum years of service of a member for 

4 purposes of subsection (a)(1) shall be 19 years.’’. 

5 (b) NO DEDUCTION FROM COMPENSATION OF SEV6 ERANCE PAY FOR DISABILITIES INCURRED IN COMBAT

7 ZONES.—Subsection (d) of such section, as redesignated 

8 by subsection (a)(2) of this section, is further amended— 

9 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

10 (2) by striking the second sentence; and 

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

12 paragraphs: 

13 ‘‘(2) No deduction may be made under paragraph (1) 

14 in the case of disability severance pay received by a mem15 ber for a disability incurred in line of duty in a combat 

16 zone. 

17 ‘‘(3) No deduction may be made under paragraph (1) 

18 from any death compensation to which a member’s de19 pendents become entitled after the member’s death.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act, and shall apply with respect to members of 

23 the Armed Forces separated from the Armed Forces 

24 under chapter 61 of title 10, United States Code, on or 

25 after that date. 


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1 TITLE IV—IMPROVEMENT OF 

2 FACILITIES HOUSING PATIENTS 

3 SEC. 401. STANDARDS FOR MILITARY MEDICAL TREAT4 MENT FACILITIES, SPECIALTY MEDICAL 

5 CARE FACILITIES, AND MILITARY QUARTERS 

6 HOUSING PATIENTS. 

7 (a) ESTABLISHMENT OF STANDARDS.—The Sec8 retary of Defense shall establish for the military facilities 

9 referred to in subsection (b) standards with respect to the 

10 matters set forth in subsection (c). The standards shall, 

11 to the maximum extent practicable— 

12 (1) be uniform and consistent across such facili13 ties; and 

14 (2) be uniform and consistent across the De15 partment of Defense and the military departments. 

16 (b) COVERED MILITARY FACILITIES.—The military 

17 facilities referred to in this subsection are the military fa18 cilities of the Department of Defense and the military de19 partments as follows: 

20 (1) Military medical treatment facilities. 

21 (2) Specialty medical care facilities. 

22 (3) Military quarters housing patients. 

23 (c) SCOPE OF STANDARDS.—The standards required 

24 by subsection (a) shall provide minimally acceptable condi25 tions for the following: 


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1 (1) Appearance and maintenance of facilities 

2 generally, including the structure and roofs of facili3 ties. 

4 (2) Size, appearance, and maintenance of rooms 

5 housing or utilized by patients, including furniture 

6 and amenities in such rooms. 

7 (3) Operation and maintenance of primary and 

8 back-up facility utility systems and other systems re9 quired for patient care, including electrical systems, 

10 plumbing systems, heating, ventilation, and air con11 ditioning systems, communications systems, fire pro12 tection systems, energy management systems, and 

13 other systems required for patient care. 

14 (4) Compliance with Federal Government 

15 standards for hospital facilities and operations. 

16 (5) Compliance of facilities, rooms, and 

17 grounds, to the maximum extent practicable and ap18 propriate, with the Americans with Disabilities Act 

19 of 1990 (42 U.S.C. 12101 et seq.). 

20 (6) Such other matters relating to the appear21 ance, size, operation, and maintenance of facilities 

22 and rooms as the Secretary considers appropriate. 

23 (d) COMPLIANCE WITH STANDARDS.— 

24 (1) DEADLINE.—In establishing standards 

25 under subsection (a), the Secretary shall specify a 


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1 deadline for compliance with such standards by each 

2 facility referred to in subsection (b). The deadline 

3 shall be at the earliest date practicable after the 

4 date of the enactment of this Act, and shall, to the 

5 maximum extent practicable, be uniform across the 

6 facilities referred to in subsection (b). 

7 (2) INVESTMENT.—In carrying out this section, 

8 the Secretary shall also establish guidelines for in9 vestment to be utilized by the Department of De10 fense and the military departments in determining 

11 the allocation of financial resources to facilities re12 ferred to in subsection (b) in order to meet the dead13 line specified under paragraph (1). 

14 (e) REPORT.— 

15 (1) IN GENERAL.—Not later than December 30, 

16 2007, the Secretary shall submit to the congres17 sional defense committees a report on the actions 

18 taken to carry out this section. 

19 (2) ELEMENTS.—The report under paragraph 

20 (1) shall include the following: 

21 (A) The standards established under sub22 section (a). 

23 (B) An assessment of the appearance, con24 dition, and maintenance of each facility referred 

25 to in subsection (a), including— 


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1 (i) an assessment of the compliance of 

2 such facility with the standards established 

3 under subsection (a); and 

4 (ii) a description of any deficiency or 

5 noncompliance in each facility with the 

6 standards. 

7 (C) A description of the investment to be 

8 allocated to address each deficiency or non9 compliance identified under subparagraph 

10 (B)(ii). 

11 SEC. 402. REPORTS ON ARMY ACTION PLAN IN RESPONSE 

12 TO DEFICIENCIES IDENTIFIED AT WALTER 

13 REED ARMY MEDICAL CENTER. 

14 (a) REPORTS REQUIRED.—Not later than 30 days 

15 after the date of the enactment of this Act, and every 120 

16 days thereafter until March 1, 2009, the Secretary of De17 fense shall submit to the congressional defense committees 

18 a report on the implementation of the action plan of the 

19 Army to correct deficiencies identified in the condition of 

20 facilities, and in the administration of outpatients in med21 ical hold or medical holdover status, at Walter Reed Army 

22 Medical Center (WRAMC) and at other applicable Army 

23 installations at which covered members of the Armed 

24 Forces are assigned. 


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1 (b) ELEMENTS OF REPORT.—Each report under sub2 section (a) shall include current information on the fol3 lowing: 

4 (1) The number of inpatients at Walter Reed 

5 Army Medical Center, and the number of out6 patients on medical hold or in a medical holdover 

7 status at Walter Reed Army Medical Center, as a 

8 result of serious injuries or illnesses. 

9 (2) A description of the lodging facilities and 

10 other forms of housing at Walter Reed Army Med11 ical Center, and at each other Army facility, to 

12 which are assigned personnel in medical hold or 

13 medical holdover status as a result of serious inju14 ries or illnesses, including— 

15 (A) an assessment of the conditions of 

16 such facilities and housing; and 

17 (B) a description of any plans to correct 

18 inadequacies in such conditions. 

19 (3) The status, estimated completion date, and 

20 estimated cost of any proposed or ongoing actions to 

21 correct any inadequacies in conditions as described 

22 under paragraph (2). 

23 (4) The number of case managers, platoon ser24 geants, patient advocates, and physical evaluation 

25 board liaison officers stationed at Walter Reed Army 


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1 Medical Center, and at each other Army facility, to 

2 which are assigned personnel in medical hold or 

3 medical holdover status as a result of serious inju4 ries or illnesses, and the ratio of case workers and 

5 platoon sergeants to outpatients for whom they are 

6 responsible at each such facility. 

7 (5) The number of telephone calls received dur8 ing the preceding 60 days on the Wounded Soldier 

9 and Family hotline (as established on March 19, 

10 2007), a summary of the complaints or communica11 tions received through such calls, and a description 

12 of the actions taken in response to such calls. 

13 (6) A summary of the activities, findings, and 

14 recommendations of the Army tiger team of medical 

15 and installation professionals who visited the major 

16 medical treatment facilities and community-based 

17 health care organizations of the Army pursuant to 

18 March 2007 orders, and a description of the status 

19 of corrective actions being taken with to address de20 ficiencies noted by that team. 

21 (7) The status of the ombudsman programs at 

22 Walter Reed Army Medical Center and at other 

23 major Army installations to which are assigned per24 sonnel in medical hold or medical holdover status as 

25 a result of serious injuries or illnesses. 


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1 (c) POSTING ON INTERNET.—Not later than 24 

2 hours after submitting a report under subsection (a), the 

3 Secretary shall post such report on the Internet website 

4 of the Department of Defense that is available to the pub5 lic. 

6 SEC. 403. CONSTRUCTION OF FACILITIES REQUIRED FOR 

7 THE CLOSURE OF WALTER REED ARMY MED8 ICAL CENTER, DISTRICT OF COLUMBIA. 

9 (a) ASSESSMENT OF ACCELERATION OF CONSTRUC10 TION OF FACILITIES.—The Secretary of Defense shall 

11 carry out an assessment of the feasibility (including the 

12 cost-effectiveness) of accelerating the construction and 

13 completion of any new facilities required to facilitate the 

14 closure of Walter Reed Army Medical Center, District of 

15 Columbia, as required as a result of the 2005 round of 

16 defense base closure and realignment under the Defense 

17 Base Closure and Realignment Act of 1990 (part A of title 

18 XXIX of Public Law 101–510; U.S.C. 2687 note). 

19 (b) DEVELOPMENT AND IMPLEMENTATION OF PLAN

20 FOR CONSTRUCTION OF FACILITIES.— 

21 (1) IN GENERAL.—The Secretary shall develop 

22 and carry out a plan for the construction and com23 pletion of any new facilities required to facilitate the 

24 closure of Walter Reed Army Medical Center as re25 quired as described in subsection (a). If the SecVerDate Aug 31 2005 03:06 Jun 15, 2007 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1606.IS S1606

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1 retary determines as a result of the assessment 

2 under subsection (a) that accelerating the construc3 tion and completion of such facilities is feasible, the 

4 plan shall provide for the accelerated construction 

5 and completion of such facilities in a manner con6 sistent with that determination. 

7 (2) SUBMITTAL OF PLAN.—The Secretary shall 

8 submit to the congressional defense committees the 

9 plan required by paragraph (1) not later than Sep10 tember 30, 2007. 

11 (c) CERTIFICATIONS.—Not later than September 30, 

12 2007, the Secretary shall submit to the congressional de13 fense committees a certification of each of the following: 

14 (1) That a transition plan has been developed, 

15 and resources have been committed, to ensure that 

16 patient care services, medical operations, and facili17 ties are sustained at the highest possible level at 

18 Walter Reed Army Medical Center until facilities to 

19 replace Walter Reed Army Medical Center are 

20 staffed and ready to assume at least the same level 

21 of care previously provided at Walter Reed Army 

22 Medical Center. 

23 (2) That the closure of Walter Reed Army Med24 ical Center will not result in a net loss of capacity 

25 in the major military medical centers in the National 


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1 Capitol Region in terms of total bed capacity or 

2 staffed bed capacity. 

3 (3) That the capacity and types of medical hold 

4 and out-patient lodging facilities currently operating 

5 at Walter Reed Army Medical Center will be avail6 able at the facilities to replace Walter Reed Army 

7 Medical Center by the date of the closure of Walter 

8 Reed Army Medical Center. 

9 (4) That adequate funds have been provided to 

10 complete fully all facilities identified in the Base Re11 alignment and Closure Business Plan for Walter 

12 Reed Army Medical Center submitted to the con13 gressional defense committees as part of the budget 

14 justification materials submitted to Congress to15 gether with the budget of the President for fiscal 

16 year 2008 as contemplated in that business plan. 

17 (d) ENVIRONMENTAL LAWS.—Nothing in this section 

18 shall require the Secretary or any designated representa19 tive to waive or ignore responsibilities and actions required 

20 by the National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) or the regulations implementing such 

22 Act. 


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1 TITLE V—OUTREACH AND RE2 LATED INFORMATION ON 

3 BENEFITS 

4 SEC. 501. HANDBOOK FOR MEMBERS OF THE ARMED 

5 FORCES ON COMPENSATION AND BENEFITS 

6 AVAILABLE FOR SERIOUS INJURIES AND ILL7 NESSES. 

8 (a) INFORMATION ON AVAILABLE COMPENSATION

9 AND BENEFITS.—The Secretary of Defense shall, in con10 sultation with the Secretary of Veterans Affairs and the 

11 Secretary of Health and Human Services, develop and 

12 maintain in handbook form a comprehensive description 

13 of the compensation and other benefits to which a member 

14 of the Armed Forces, and the family of such member, 

15 would be entitled upon the member’s separation or retire16 ment from the Armed Forces as a result of a serious in17 jury or illness. The handbook shall set forth the range of 

18 such compensation and benefits based on grade, length of 

19 service, degree of disability at separation or retirement, 

20 and such other factors affecting such compensation and 

21 benefits as the Secretary of Defense considers appropriate. 

22 (b) PROVISION TO MEMBERS.—The Secretary of the 

23 military department concerned shall provide the descrip24 tive handbook under subsection (a) to each member of the 

25 Armed Forces described in that subsection as soon as 


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1 practicable following the injury or illness qualifying the 

2 member for coverage under that subsection. 

3 (c) PROVISION TO REPRESENTATIVES.—If a member 

4 is incapacitated or otherwise unable to receive the descrip5 tive handbook to be provided under subsection (a), the 

6 handbook shall be provided to the next of kin or a legal 

7 representative of the member (as determined in accord8 ance with regulations prescribed by the Secretary of the 

9 military department concerned for purposes of this sec10 tion). 

Æ 


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