II 

Calendar No. 203 

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 

JUNE 18, 2007 

Reported by Mr. LEVIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 DepartVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1606.RS S1606

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ment of Defense to care by the Department of Veterans 

Affairs, and transition from military service to civilian 

life, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘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. 


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Subtitle D—Other Matters 

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

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— 


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1 (A) the Committees on Armed Services 

2 and Veterans’ Affairs of the Senate; and 

3 (B) the Committees on Armed Services 

4 and Veterans’ Affairs of the House of Rep5 resentatives. 

6 (2) The term ‘‘congressional defense commit7 tees’’ has the meaning given that term in section 

8 101(a)(16) of title 10, United States Code. 

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

10 Forces’’ means a member of the Armed Forces, in11 cluding a member of the National Guard or a Re12 serve, who is undergoing medical treatment, recuper13 ation, or therapy, or is otherwise in medical hold or 

14 medical holdover status, for a serious injury or ill15 ness. 

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

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

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

19 37, United States Code. 

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

21 status’’ means— 

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

23 Forces, including a member of the National 

24 Guard or Reserve, assigned or attached to a 

25 military hospital for medical care; and 


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

2 component of the Armed Forces who is sepa3 rated, whether pre-deployment or post-deploy4 ment, from the member’s unit while in need of 

5 health care based on a medical condition identi6 fied while the member is on active duty in the 

7 Armed Forces. 

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

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

10 injury or illness incurred by the member in line of 

11 duty on active duty in the Armed Forces that may 

12 render the member medically unfit to perform the 

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

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

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

16 10, United States Code. 


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1 TITLE I—POLICY ON CARE, MAN2 AGEMENT, AND TRANSITION 

3 OF SERVICEMEMBERS WITH 

4 SERIOUS INJURIES OR ILL5 NESSES 

6 SEC. 101. COMPREHENSIVE POLICY ON CARE, MANAGE7 MENT, AND TRANSITION OF MEMBERS OF 

8 THE ARMED FORCES WITH SERIOUS INJU9 RIES OR ILLNESSES. 

10 (a) COMPREHENSIVE POLICY REQUIRED.— 

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

12 2008, the Secretary of Defense and the Secretary of 

13 Veterans Affairs shall, to the extent feasible, jointly 

14 develop a comprehensive policy on the care and man15 agement of members of the Armed Forces who are 

16 undergoing medical treatment, recuperation, or ther17 apy, or are otherwise in medical hold or medical 

18 holdover status, for a serious injury or illness (here19 after in this section referred to as a ‘‘covered 

20 servicemembers’’). 

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

22 each of the following: 

23 (A) The care and management of covered 

24 servicemembers while in medical hold or med25 ical holdover status. 


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1 (B) The medical evaluation and disability 

2 evaluation of covered servicemembers. 

3 (C) The return of covered servicemembers 

4 to active duty when appropriate. 

5 (D) The transition of covered 

6 servicemembers from receipt of care and serv7 ices through the Department of Defense to re8 ceipt of care and services through the Depart9 ment of Veterans Affairs. 

10 (3) CONSULTATION.—The Secretary of Defense 

11 and the Secretary of Veterans Affairs shall develop 

12 the policy in consultation with the heads of other ap13 propriate departments and agencies of the Federal 

14 Government and with appropriate non-governmental 

15 organizations having an expertise in matters relating 

16 to the policy. 

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

18 the Secretary of Veterans Affairs shall jointly update 

19 the policy on a periodic basis in order to incorporate 

20 in the policy, as appropriate, the results of the re21 views under subsections (b) and (c) and the best 

22 practices identified through pilot programs under 

23 section 304. 

24 (b) REVIEW OF CURRENT POLICIES AND PROCE25 DURES.— 


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1 (1) REVIEW REQUIRED.—In developing the pol2 icy required by this section, the Secretary of Defense 

3 and the Secretary of Veterans Affairs shall, to the 

4 extent necessary, jointly and separately conduct a 

5 review of all policies and procedures of the Depart6 ment of Defense and the Department of Veterans 

7 Affairs that apply to, or shall be covered by, the pol8 icy. 

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

10 be to identify the most effective and patient-oriented 

11 approaches to care and management of covered 

12 servicemembers for purposes of— 

13 (A) incorporating such approaches into the 

14 policy; and 

15 (B) extending such approaches, where ap16 plicable, to care and management of other in17 jured or ill members of the Armed Forces and 

18 veterans. 

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

20 Secretary of Defense and the Secretary of Veterans 

21 Affairs shall— 

22 (A) identify among the policies and proce23 dures described in paragraph (1) best practices 

24 in approaches to the care and management de25 scribed in that paragraph; 


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1 (B) identify among such policies and pro2 cedures existing and potential shortfalls in such 

3 care and management, and determine means of 

4 addressing any shortfalls so identified; 

5 (C) determine potential modifications of 

6 such policies and procedures in order to ensure 

7 consistency and uniformity among the military 

8 departments and the regions of the Department 

9 of Veterans Affairs in their application and dis10 charge; and 

11 (D) develop recommendations for legisla12 tive and administrative action necessary to im13 plement the results of the review. 

14 (4) DEADLINE FOR COMPLETION.—The review 

15 shall be completed not later than 90 days after the 

16 date of the enactment of this Act. 

17 (c) CONSIDERATION OF FINDINGS, RECOMMENDA18 TIONS, AND PRACTICES.—In developing the policy re19 quired by this section, the Secretary of Defense and the 

20 Secretary of Veterans Affairs shall take into account the 

21 following: 

22 (1) The findings and recommendations of appli23 cable studies, reviews, reports, and evaluations that 

24 address matters relating to the policy, including, but 

25 not limited, to the following: 


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1 (A) The Independent Review Group on Re2 habilitative Care and Administrative Processes 

3 at Walter Reed Army Medical Center and Na4 tional Naval Medical Center appointed by the 

5 Secretary of Defense. 

6 (B) The Secretary of Veterans Affairs 

7 Task Force on Returning Global War on Terror 

8 Heroes appointed by the President. 

9 (C) The President’s Commission on Care 

10 for America’s Returning Wounded Warriors. 

11 (D) The Veterans’ Disability Benefits 

12 Commission established by title XV of the Na13 tional Defense Authorization Act for Fiscal 

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

15 1676; 38 U.S.C. 1101 note). 

16 (E) The President’s Commission on Vet17 erans’ Pensions, of 1956, chaired by General 

18 Omar N. Bradley. 

19 (F) The Report of the Congressional Com20 mission on Servicemembers and Veterans Tran21 sition Assistance, of 1999, chaired by Anthony 

22 J. Principi. 

23 (G) The President’s Task Force to Im24 prove Health Care Delivery for Our Nation’s 

25 Veterans, of March 2003. 


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1 (2) The experience and best practices of the 

2 Department of Defense and the military depart3 ments on matters relating to the policy. 

4 (3) The experience and best practices of the 

5 Department of Veterans Affairs on matters relating 

6 to the policy. 

7 (4) Such other matters as the Secretary of De8 fense and the Secretary of Veterans Affairs consider 

9 appropriate. 

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

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

12 following: 

13 (1) RESPONSIBILITY FOR COVERED

14 SERVICEMEMBERS IN MEDICAL HOLD OR MEDICAL

15 HOLDOVER STATUS.—Mechanisms to ensure respon16 sibility for covered servicemembers in medical hold 

17 or medical holdover status, including the following: 

18 (A) Uniform standards for access of cov19 ered servicemembers to non-urgent health care 

20 services from the Department of Defense or 

21 other providers under the TRICARE program, 

22 with such access to be— 

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

24 request of care; 


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

2 request of care; 

3 (iii) for diagnostic referrals and stud4 ies, within 5 days of request; and 

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

6 determination of medical necessity, within 

7 14 days of request. 

8 (B) Requirements for the assignment of 

9 adequate numbers of personnel for the purpose 

10 of responsibility for and administration of cov11 ered servicemembers in medical hold or medical 

12 holdover status. 

13 (C) Requirements for the assignment of 

14 adequate numbers of medical personnel and 

15 non-medical personnel to roles and responsibil16 ities for caring for and administering covered 

17 servicemembers in medical hold or medical hold18 over status, and a description of the roles and 

19 responsibilities of personnel so assigned. 

20 (D) Guidelines for the location of care for 

21 covered servicemembers in medical hold or med22 ical holdover status, which guidelines shall ad23 dress the assignment of such servicemembers to 

24 care and residential facilities closest to their 


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1 duty station or home of record at the earliest 

2 possible time. 

3 (E) Criteria for work and duty assign4 ments of covered servicemembers in medical 

5 hold or medical holdover status, including a 

6 prohibition on the assignment of duty to a 

7 servicemember which is incompatible with the 

8 servicemember’s medical condition. 

9 (F) Guidelines for the provision of care 

10 and counseling for eligible family members of 

11 covered servicemembers in medical hold or med12 ical holdover status. 

13 (G) Requirements for case management of 

14 covered servicemembers in medical hold or med15 ical holdover status, including qualifications for 

16 personnel providing such case management. 

17 (H) Requirements for uniform quality of 

18 care and administration for all covered 

19 servicemembers in medical hold or medical hold20 over status, whether members of the regular 

21 components of the Armed Forces or members of 

22 the reserve components of the Armed Forces. 

23 (I) Standards for the conditions and acces24 sibility of residential facilities for covered 

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1 over status who are in outpatient status, and 

2 for their immediate family members. 

3 (J) Requirements on the provision of 

4 transportation and subsistence for covered 

5 servicemembers in medical hold or medical hold6 over status, whether in inpatient status or out7 patient status, to facilitate obtaining needed 

8 medical care and services. 

9 (K) Requirements on the provision of edu10 cational and vocational training and rehabilita11 tion opportunities for covered servicemembers 

12 in medical hold or medical holdover status. 

13 (L) Procedures for tracking and informing 

14 covered servicemembers in medical hold or med15 ical holdover status about medical evaluation 

16 board and physical disability evaluation board 

17 processing. 

18 (M) Requirements for integrated case man19 agement of covered servicemembers in medical 

20 hold or medical holdover status during their 

21 transition from care and treatment through the 

22 Department of Defense to care and treatment 

23 through the Department of Veterans Affairs. 

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1 bers with respect to care for covered 

2 servicemembers in medical hold or medical hold3 over status with serious medical conditions, par4 ticularly traumatic brain injury (TBI) and post5 traumatic stress disorder (PTSD). 

6 (O) Requirements for periodic reassess7 ments of covered servicemembers, and limits on 

8 the length of time such servicemembers may be 

9 retained in medical hold or medical holdover 

10 status. 

11 (P) Requirements to inform covered 

12 servicemembers and their family members of 

13 their rights and responsibilities while in medical 

14 hold or medical holdover status. 

15 (2) MEDICAL EVALUATION AND PHYSICAL DIS16 ABILITY EVALUATION FOR COVERED

17 SERVICEMEMBERS.— 

18 (A) MEDICAL EVALUATIONS.—Processes, 

19 procedures, and standards for medical evalua20 tions of covered servicemembers, including the 

21 following: 

22 (i) Processes for medical evaluations 

23 of covered servicemembers that are— 

24 (I) applicable uniformly through25 out the military departments; and 


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1 (II) applicable uniformly with re2 spect to such servicemembers who are 

3 members of the regular components of 

4 the Armed Forces and such 

5 servicemembers who are members of 

6 the National Guard and Reserve. 

7 (ii) Standard criteria and definitions 

8 for determining the achievement for cov9 ered servicemembers of the maximum med10 ical benefit from treatment and rehabilita11 tion. 

12 (iii) Standard timelines for each of 

13 the following: 

14 (I) Determinations of fitness for 

15 duty of covered servicemembers. 

16 (II) Specialty consultations for 

17 covered servicemembers. 

18 (III) Preparation of medical doc19 uments for covered servicemembers. 

20 (IV) Appeals by covered 

21 servicemembers of medical evaluation 

22 determinations, including determina23 tions of fitness for duty. 

24 (iv) Uniform standards for qualifica25 tions and training of medical evaluation 


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1 board personnel, including physicians, case 

2 workers, and physical disability evaluation 

3 board liaison officers, in conducting med4 ical evaluations of covered servicemembers. 

5 (v) Standards for the maximum num6 ber of medical evaluation cases of covered 

7 servicemembers that are pending before a 

8 medical evaluation board at any one time, 

9 and requirements for the establishment of 

10 additional medical evaluation boards in the 

11 event such number is exceeded. 

12 (vi) Uniform standards for informa13 tion for covered servicemembers, and their 

14 families, on the medical evaluation board 

15 process and the rights and responsibilities 

16 of such servicemembers under that process, 

17 including a standard handbook on such in18 formation. 

19 (B) PHYSICAL DISABILITY EVALUA20 TIONS.—Processes, procedures, and standards 

21 for physical disability evaluations of covered 

22 servicemembers, including the following: 

23 (i) A non-adversarial process of the 

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1 ment of Veterans Affairs for disability de2 terminations of covered servicemembers. 

3 (ii) To the extent feasible, procedures 

4 to eliminate unacceptable discrepancies 

5 among disability ratings assigned by the 

6 military departments and the Department 

7 of Veterans Affairs, particularly in the dis8 ability evaluation of covered 

9 servicemembers, which procedures shall be 

10 subject to the following requirements and 

11 limitations: 

12 (I) Such procedures shall apply 

13 uniformly with respect to covered 

14 servicemembers who are members of 

15 the regular components of the Armed 

16 Forces and covered servicemembers 

17 who are members of the National 

18 Guard and Reserve. 

19 (II) Under such procedures, each 

20 Secretary of a military department 

21 shall, to the extent feasible, utilize the 

22 standard schedule for rating disabil23 ities in use by the Department of Vet24 erans Affairs, including any applicable 

25 interpretation of such schedule by the 


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1 United States Court of Appeals for 

2 Veterans Claims, in making any de3 termination of disability of a covered 

4 servicemember. 

5 (iii) Standard timelines for appeals of 

6 determinations of disability of covered 

7 servicemembers, including timelines for 

8 presentation, consideration, and disposition 

9 of appeals. 

10 (iv) Uniform standards for qualifica11 tions and training of physical disability 

12 evaluation board personnel in conducting 

13 physical disability evaluations of covered 

14 servicemembers. 

15 (v) Standards for the maximum num16 ber of physical disability evaluation cases 

17 of covered servicemembers that are pend18 ing before a physical disability evaluation 

19 board at any one time, and requirements 

20 for the establishment of additional physical 

21 disability evaluation boards in the event 

22 such number is exceeded. 

23 (vi) Procedures for the provision of 

24 legal counsel to covered servicemembers 


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1 while undergoing evaluation by a physical 

2 disability evaluation board. 

3 (vii) Uniform standards on the roles 

4 and responsibilities of case managers, 

5 servicemember advocates, and judge advo6 cates assigned to covered servicemembers 

7 undergoing evaluation by a physical dis8 ability board, and uniform standards on 

9 the maximum number of cases involving 

10 such servicemembers that are to be as11 signed to such managers and advocates. 

12 (C) RETURN OF COVERED

13 SERVICEMEMBERS TO ACTIVE DUTY.—Stand14 ards for determinations by the military depart15 ments on the return of covered servicemembers 

16 to active duty in the Armed Forces. 

17 (D) TRANSITION OF COVERED

18 SERVICEMEMBERS FROM DOD TO VA.—Proc19 esses, procedures, and standards for the transi20 tion of covered servicemembers from care and 

21 treatment by the Department of Defense to 

22 care and treatment by the Department of Vet23 erans Affairs before, during, and after separa24 tion from the Armed Forces, including the fol25 lowing: 


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1 (i) A uniform, patient-focused policy 

2 to ensure that the transition occurs with3 out gaps in medical care and the quality of 

4 care and services. 

5 (ii) Procedures for the identification 

6 and tracking of covered servicemembers 

7 during the transition, and for the coordina8 tion of care and treatment of such 

9 servicemembers during the transition, in10 cluding a system of cooperative case man11 agement of such servicemembers by the 

12 Department of Defense and the Depart13 ment of Veterans Affairs during the transi14 tion. 

15 (iii) Procedures for the notification of 

16 Department of Veterans Affairs liaison 

17 personnel of the commencement by covered 

18 servicemembers of the medical evaluation 

19 process and the physical disability evalua20 tion process. 

21 (iv) Procedures and timelines for the 

22 enrollment of covered servicemembers in 

23 applicable enrollment or application sys24 tems of the Department of Veterans with 


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1 respect to health care, disability, education, 

2 vocational rehabilitation, or other benefits. 

3 (v) Procedures to ensure the access of 

4 covered servicemembers during the transi5 tion to vocational, educational, and reha6 bilitation benefits available through the 

7 Department of Veterans Affairs. 

8 (vi) Standards for the optimal location 

9 of Department of Defense and Department 

10 of Veterans Affairs liaison and case man11 agement personnel at military medical 

12 treatment facilities, medical centers, and 

13 other medical facilities of the Department 

14 of Defense. 

15 (vii) Standards and procedures for in16 tegrated medical care and management for 

17 covered servicemembers during the transi18 tion, including procedures for the assign19 ment of medical personnel of the Depart20 ment of Veterans Affairs to Department of 

21 Defense facilities to participate in the 

22 needs assessments of such servicemembers 

23 before, during, and after their separation 

24 from military service. 


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1 (viii) Standards for the preparation of 

2 detailed plans for the transition of covered 

3 servicemembers from care and treatment 

4 by the Department of Defense to care and 

5 treatment by the Department of Veterans 

6 Affairs, which plans shall be based on 

7 standardized elements with respect to care 

8 and treatment requirements and other ap9 plicable requirements. 

10 (E) OTHER MATTERS.—The following ad11 ditional matters with respect to covered 

12 servicemembers: 

13 (i) Access by the Department of Vet14 erans Affairs to the military health records 

15 of covered servicemembers who are receiv16 ing care and treatment in Department of 

17 Veterans Affairs health care facilities. 

18 (ii) Requirements for utilizing, in ap19 propriate cases, a single physical examina20 tion that meets requirements of both the 

21 Department of Defense and the Depart22 ment of Veterans Affairs for covered 

23 servicemembers who are being retired, sep24 arated, or released from military service. 


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1 (iii) Surveys and other mechanisms to 

2 measure patient and family satisfaction 

3 with the provision by the Department of 

4 Defense and the Department of Veterans 

5 Affairs of care and services for covered 

6 servicemembers, and to facilitate appro7 priate oversight by supervisory personnel 

8 of the provision of such care and services. 

9 (e) REPORTS.— 

10 (1) REPORT ON POLICY.—Upon the develop11 ment of the policy required by this section but not 

12 later than January 1, 2008, 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 policy, including a comprehen16 sive and detailed description of the policy and of the 

17 manner in which the policy addresses the findings 

18 and recommendations of the reviews under sub19 sections (b) and (c). 

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

21 policy under subsection (a)(4), the Secretary of De22 fense and the Secretary of Veterans Affairs shall 

23 jointly submit to the appropriate committees of Con24 gress a report on the update of the policy, including 


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1 a comprehensive and detailed description of such up2 date and of the reasons for such update. 

3 TITLE II—HEALTH CARE 

4 Subtitle A—Enhanced Availability 

5 of Care for Servicemembers 

6 SEC. 201. MEDICAL CARE AND OTHER BENEFITS FOR MEM7 BERS AND FORMER MEMBERS OF THE 

8 ARMED FORCES WITH SEVERE INJURIES OR 

9 ILLNESSES. 

10 (a) MEDICAL AND DENTAL CARE FOR MEMBERS

11 AND FORMER MEMBERS.— 

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

13 the enactment of this Act, any covered member of 

14 the Armed Forces, and any former member of the 

15 Armed Forces, with a severe injury or illness is enti16 tled to medical and dental care in any facility of the 

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

18 United States Code, or through any civilian health 

19 care provider authorized by the Secretary to provide 

20 health and mental health services to members of the 

21 uniformed services, including traumatic brain injury 

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

23 as if such member or former member were a mem24 ber of the uniformed services described in paragraph 


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

2 dental care under such section. 

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

4 or former member described in paragraph (1) is en5 titled to care under that paragraph during the three6 year period beginning on the date the member or 

7 former member leaves active duty, except that such 

8 period may be extended by the Secretary concerned 

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

10 Secretary concerned determines that such extension 

11 is necessary to assure the maximum feasible recov12 ery and rehabilitation of the member or former 

13 member. Any such determination shall be made on 

14 a case-by-case basis. 

15 (3) INTEGRATED CARE MANAGEMENT.—The 

16 Secretary of Defense shall provide for a program of 

17 integrated care management in the provision of care 

18 and services under this subsection, which manage19 ment shall be provided by appropriate medical and 

20 case management personnel of the Department of 

21 Defense and the Department of Veterans Affairs (as 

22 approved by the Secretary of Veterans Affairs) and 

23 with appropriate support from the Department of 

24 Defense regional health care support contractors. 


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1 (4) WAIVER OF LIMITATIONS TO MAXIMIZE

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

3 medical and dental care to a member or former 

4 member under this subsection during the period re5 ferred to in paragraph (2), waive any limitation oth6 erwise applicable under chapter 55 of title 10, 

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

8 the member or former member if the Secretary con9 siders the waiver appropriate to assure the max10 imum feasible recovery and rehabilitation of the 

11 member or former member. 

12 (5) CONSTRUCTION WITH ELIGIBILITY FOR

13 VETERANS BENEFITS.—Nothing in this subsection 

14 shall be construed to reduce, alter, or otherwise af15 fect the eligibility or entitlement of a member or 

16 former member of the Armed Forces to any health 

17 care, disability, or other benefits to which the mem18 ber of former member would otherwise be eligible or 

19 entitled as a veteran under the laws administered by 

20 the Secretary of Veterans Affairs. 

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

22 not provide medical or dental care to a member or 

23 former member of the Armed Forces under this sub24 section after December 31, 2012, if the Secretary 

25 has not provided medical or dental care to the memVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 ber or former member under this subsection before 

2 that date. 

3 (b) RECOVERY OF CERTAIN EXPENSES OF MEDICAL

4 CARE AND RELATED TRAVEL.— 

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

6 60 days after the date of the enactment of this Act, 

7 the Secretary of the military department concerned 

8 may reimburse covered members of the Armed 

9 Forces, and former members of the Armed Forces, 

10 with a severe injury or illness for covered expenses 

11 incurred by such members or former members, or 

12 their family members, in connection with the receipt 

13 by such members or former members of medical care 

14 that is required for such injury or illness. 

15 (2) COVERED EXPENSES.—Expenses for which 

16 reimbursement may be made under paragraph (1) 

17 include the following: 

18 (A) Expenses for health care services for 

19 which coverage would be provided under section 

20 1074(c) of title 10, United States Code, for 

21 members of the uniformed services on active 

22 duty. 

23 (B) Expenses of travel of a non-medical at24 tendant who accompanies a member or former 

25 member of the Armed Forces for required medVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 ical care that is not available to such member 

2 or former member locally, if such attendant is 

3 appointed for that purpose by a competent 

4 medical authority (as determined under regula5 tions prescribed by the Secretary of Defense for 

6 purposes of this subsection). 

7 (C) Such other expenses for medical care 

8 as the Secretary may prescribe for purposes of 

9 this subsection. 

10 (3) AMOUNT OF REIMBURSEMENT.—The 

11 amount of reimbursement under paragraph (1) for 

12 expenses covered by paragraph (2) shall be deter13 mined in accordance with regulations prescribed by 

14 the Secretary of Defense for purposes of this sub15 section. 

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

17 section, the term ‘‘severe injury or illness’’ means any seri18 ous injury or illness that is assigned a disability rating 

19 of 50 percent or higher under the schedule for rating dis20 abilities in use by the Department of Veterans Affairs. 


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1 Subtitle B—Care and Services for 

2 Dependents 

3 SEC. 211. MEDICAL CARE AND SERVICES AND SUPPORT 

4 SERVICES FOR FAMILIES OF MEMBERS OF 

5 THE ARMED FORCES RECOVERING FROM SE6 RIOUS INJURIES OR ILLNESSES. 

7 (a) URGENT AND EMERGENCY MEDICAL CARE.— 

8 (1) ELIGIBILITY.—A family member of a cov9 ered member of the Armed Forces who is not other10 wise eligible for medical care at a military medical 

11 treatment facility shall be eligible for urgent and 

12 emergency medical care and counseling at military 

13 medical treatment facilities and medical facilities of 

14 the Department of Veterans Affairs if the family 

15 member is— 

16 (A) on invitational orders while caring for 

17 the covered member; 

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

19 covered member; or 

20 (C) receiving per diem payments from the 

21 Department of Defense while caring for the 

22 covered member. 

23 (2) SPECIFICATION OF FAMILY MEMBERS.— 

24 Notwithstanding section 2(4), the Secretary of De25 fense and the Secretary of Veterans Affairs shall 


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1 jointly prescribe in regulations the family members 

2 of covered members of the Armed Forces who shall 

3 be considered to be a family member of a covered 

4 member of the Armed Forces for purposes of para5 graph (1). 

6 (3) SPECIFICATION OF CARE.—(A) The Sec7 retary of Defense shall prescribe in regulations the 

8 urgent and emergency medical care and counseling 

9 that shall be available to family members under 

10 paragraph (1) at military medical treatment facili11 ties. 

12 (B) The Secretary of Veterans Affairs shall pre13 scribe in regulations the urgent and emergency med14 ical care and counseling that shall be available to 

15 family members under paragraph (1) at medical fa16 cilities of the Department of Veterans Affairs. 

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

18 may recover the costs of the provision of medical 

19 care and counseling under paragraph (1) as follows 

20 (as applicable): 

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

22 manner as the United States may collect costs 

23 of the charges of health care provided to cov24 ered beneficiaries from third-party payers under 

25 section 1095 of title 10, United States Code. 


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1 (B) As if such care and counseling was 

2 provided under the authority of section 1784 of 

3 title 38, United States Code. 

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

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

6 while caring for a covered member of the Armed Forces 

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

8 eligible for job placement services otherwise offered by the 

9 Department of Defense. 

10 Subtitle C—Traumatic Brain Injury 

11 and Post-Traumatic Stress Dis12 order 

13 SEC. 221. COMPREHENSIVE PLANS ON PREVENTION, DIAG14 NOSIS, MITIGATION, AND TREATMENT OF 

15 TRAUMATIC BRAIN INJURY AND POST-TRAU16 MATIC STRESS DISORDER IN MEMBERS OF 

17 THE ARMED FORCES. 

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

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

20 of Defense shall, in consultation with the Secretary of Vet21 erans Affairs, submit to the congressional defense commit22 tees one or more comprehensive plans for programs and 

23 activities of the Department of Defense to prevent, diag24 nose, mitigate, treat, and otherwise respond to traumatic 


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

2 (PTSD) in members of the Armed Forces. 

3 (b) ELEMENTS.—Each plan submitted under sub4 section (a) shall include comprehensive proposals of the 

5 Department on the following: 

6 (1) The designation by the Secretary of Defense 

7 of a lead agent or executive agent for the Depart8 ment to coordinate development and implementation 

9 of the plan. 

10 (2) The improvement of personnel protective 

11 equipment for members of the Armed Forces in 

12 order to prevent traumatic brain injury. 

13 (3) The improvement of methods and mecha14 nisms for the detection and treatment of traumatic 

15 brain injury and post-traumatic stress disorder in 

16 members of the Armed Forces in the field. 

17 (4) The development and deployment of diag18 nostic criteria for the detection and evaluation of the 

19 range of traumatic brain injury and post-traumatic 

20 stress disorder in members of the Armed Forces, 

21 which criteria shall be employed uniformly across the 

22 military departments in all applicable circumstances, 

23 including provision of clinical care and assessment of 

24 future deployability of members of the Armed 

25 Forces. 


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1 (5) The development and deployment of effec2 tive means of assessing traumatic brain injury and 

3 post-traumatic stress disorder in members of the 

4 Armed Forces, including a system of pre-deployment 

5 and post-deployment screenings of cognitive ability 

6 in members for the detection of cognitive impair7 ment, as required by the amendments made by sec8 tion 222. 

9 (6) The development and deployment of effec10 tive means of managing and monitoring members of 

11 the Armed Forces with traumatic brain injury or 

12 post-traumatic stress disorder in the receipt of care 

13 for traumatic brain injury or post-traumatic stress 

14 disorder, as applicable, including the monitoring and 

15 assessment of treatment and outcomes. 

16 (7) The requirements for research on traumatic 

17 brain injury and post-traumatic stress disorder, in18 cluding (in particular) research on pharmacological 

19 approaches to treatment for traumatic brain injury 

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

21 the allocation of priorities among such research. 

22 (8) The provision of education and outreach to 

23 families of members of the Armed Forces with trau24 matic brain injury or post-traumatic stress disorder 

25 on a range of matters relating to traumatic brain inVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 jury or post-traumatic stress disorder, as applicable, 

2 including detection, mitigation, and treatment. 

3 (9) The assessment of the current capabilities 

4 of the Department for the prevention, diagnosis, 

5 mitigation, treatment, and rehabilitation of trau6 matic brain injury and post-traumatic stress dis7 order in members of the Armed Forces. 

8 (10) The identification of gaps in current capa9 bilities of the Department for the prevention, diag10 nosis, mitigation, treatment, and rehabilitation of 

11 traumatic brain injury and post-traumatic stress dis12 order in members of the Armed Forces. 

13 (11) The identification of the resources required 

14 for the Department in fiscal years 2009 thru 2013 

15 to address the gaps in capabilities identified under 

16 paragraph (10). 

17 (12) The development of joint planning among 

18 the Department of Defense, the military depart19 ments, and the Department of Veterans Affairs for 

20 the prevention, diagnosis, mitigation, treatment, and 

21 rehabilitation of traumatic brain injury and post22 traumatic stress disorder in members of the Armed 

23 Forces, including planning for the seamless transi24 tion of such members from care through the DepartVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 ment of Defense care through the Department of 

2 Veterans Affairs. 

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

4 blasts be recorded in the records of members of the 

5 Armed Forces. 

6 (14) The development of clinical practice guide7 lines for the diagnosis and treatment of blast inju8 ries in members of the Armed Forces, including, but 

9 not limited to, traumatic brain injury. 

10 (c) COORDINATION IN DEVELOPMENT.—Each plan 

11 submitted under subsection (a) shall be developed in co12 ordination with the Secretary of the Army (who was des13 ignated by the Secretary of Defense as executive agent for 

14 the prevention, mitigation, and treatment of blast injuries 

15 under section 256 of the National Defense Authorization 

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

17 3181; 10 U.S.C. 1071 note)). 

18 SEC. 222. IMPROVEMENT OF MEDICAL TRACKING SYSTEM 

19 FOR MEMBERS OF THE ARMED FORCES DE20 PLOYED OVERSEAS. 

21 (a) PROTOCOL FOR ASSESSMENT OF COGNITIVE

22 FUNCTIONING.— 

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

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

25 amended— 


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

2 the following new subparagraph: 

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

4 disorder.’’; and 

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

6 paragraph: 

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

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

9 for the predeployment assessment and documentation of 

10 the cognitive (including memory) functioning of a member 

11 who is deployed outside the United States in order to fa12 cilitate the assessment of the postdeployment cognitive 

13 (including memory) functioning of the member. 

14 ‘‘(B) The protocol under subparagraph (A) shall in15 clude appropriate mechanisms to permit the differential 

16 diagnosis of traumatic brain injury in members returning 

17 from deployment in a combat zone.’’. 

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

19 protocol required by paragraph (3) of section 

20 1074f(b) of title 10, United States Code (as amend21 ed by paragraph (1) of this subsection), for purposes 

22 of assessments for traumatic brain injury, the Sec23 retary of Defense shall conduct up to three pilot 

24 projects to evaluate various mechanisms for use in 

25 the protocol for such purposes. One of the mechaVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 nisms to be so evaluated shall be a computer-based 

2 assessment tool. 

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

4 of the pilot projects conducted under this paragraph, 

5 the Secretary shall submit to the appropriate com6 mittees of Congress a report on the pilot projects. 

7 The report shall include— 

8 (i) a description of the pilot projects so 

9 conducted; 

10 (ii) an assessment of the results of each 

11 such pilot project; and 

12 (iii) a description of any mechanisms eval13 uated under each such pilot project that will in14 corporated into the protocol. 

15 (C) There is hereby authorized to be appro16 priated to the Department of Defense, $3,000,000 

17 for the pilot projects authorized by this paragraph. 

18 Of the amount so authorized to be appropriated, not 

19 more than $1,000,000 shall be available for any par20 ticular pilot project. 

21 (b) QUALITY ASSURANCE.—Subsection (d)(2) of sec22 tion 1074f of title 10, United States Code, is amended 

23 by adding at the end the following new subparagraph: 

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

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


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

2 of such section is amended— 

3 (1) in the subsection heading, by striking 

4 ‘‘MENTAL HEALTH’’; and 

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

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

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

8 DIAGNOSIS, MITIGATION, TREATMENT, AND 

9 REHABILITATION OF TRAUMATIC BRAIN IN10 JURY AND POST-TRAUMATIC STRESS DIS11 ORDER. 

12 (a) CENTER OF EXCELLENCE ON TRAUMATIC BRAIN

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

14 amended by inserting after section 1105 the following new 

15 section: 

16 ‘‘§ 1105a. Center of Excellence in Prevention, Diag17 nosis, Mitigation, Treatment, and Reha18 bilitation of Traumatic Brain Injury 

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

20 establish within the Department of Defense a center of 

21 excellence in the prevention, diagnosis, mitigation, treat22 ment, and rehabilitation of traumatic brain injury (TBI), 

23 including mild, moderate, and severe traumatic brain in24 jury, to carry out the responsibilities specified in sub25 section (c). The center shall be known as a ‘Center of ExVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 cellence in Prevention, Diagnosis, Mitigation, Treatment, 

2 and Rehabilitation of Traumatic Brain Injury’. 

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

4 the Center to enter into such partnerships, agreements, 

5 or other arrangements as the Secretary considers appro6 priate with the Department of Veterans Affairs, institu7 tions of higher education, and other appropriate public 

8 and private entities (including international entities) to 

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

10 ‘‘(c) RESPONSIBILITIES.—The Center shall have re11 sponsibilities as follows: 

12 ‘‘(1) To direct and oversee, based on expert re13 search, the development and implementation of a 

14 long-term, comprehensive plan and strategy for the 

15 Department of Defense for the prevention, diagnosis, 

16 mitigation, treatment, and rehabilitation of trau17 matic brain injury. 

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

19 and dissemination within the Department of best 

20 practices for the treatment of traumatic brain in21 jury. 

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

23 system of the Department in determining the mental 

24 health and neurological health personnel required to 


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1 provide quality mental health care for members of 

2 the armed forces with traumatic brain injury. 

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

4 comprehensive program to train mental health and 

5 neurological health professionals of the Department 

6 in the treatment of traumatic brain injury. 

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

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

9 traumatic brain injury. 

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

11 treatment facilities of the Department best practices 

12 for training mental health professionals, including 

13 neurological health professionals, with respect to 

14 traumatic brain injury. 

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

16 research on traumatic brain injury for the purposes 

17 of understanding the etiology of traumatic brain in18 jury and developing preventive interventions and new 

19 treatments. 

20 ‘‘(8) To develop outreach strategies and treat21 ments for families of members of the armed forces 

22 with traumatic brain injury in order to mitigate the 

23 negative impacts of traumatic brain injury on such 

24 family members and to support the recovery of such 

25 members from traumatic brain injury. 


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

2 health needs of women members of the armed forces 

3 with traumatic brain injury and develop treatments 

4 to meet any needs identified through such research. 

5 ‘‘(10) To conduct research on the unique men6 tal health needs of ethnic minority members of the 

7 armed forces with traumatic brain injury and de8 velop treatments to meet any needs identified 

9 through such research. 

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

11 needs of families of members of the armed forces 

12 with traumatic brain injury and develop treatments 

13 to meet any needs identified through such research. 

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

15 to increase the number of mental health and neuro16 logical health professionals within the Department in 

17 order to facilitate the meeting by the Department of 

18 the needs of members of the armed forces with trau19 matic brain injury until their transition to care and 

20 treatment from the Department of Veterans Affairs. 

21 ‘‘(13) Such other responsibilities as the Sec22 retary shall specify.’’. 

23 (b) CENTER OF EXCELLENCE ON POST-TRAUMATIC

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


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

2 subsection (a), the following new section: 

3 ‘‘§ 1105b. Center of Excellence in Prevention, Diag4 nosis, Mitigation, Treatment, and Reha5 bilitation of Post-Traumatic Stress Dis6 order 

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

8 establish within the Department of Defense a center of 

9 excellence in the prevention, diagnosis, mitigation, treat10 ment, and rehabilitation of post-traumatic stress disorder 

11 (PTSD), including mild, moderate, and severe post-trau12 matic stress disorder, to carry out the responsibilities 

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

14 a ‘Center of Excellence in Prevention, Diagnosis, Mitiga15 tion, Treatment, and Rehabilitation of Post-Traumatic 

16 Stress Disorder’. 

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

18 the Center to enter into such partnerships, agreements, 

19 or other arrangements as the Secretary considers appro20 priate with the National Center for Post-Traumatic Stress 

21 Disorder of the Department of Veterans Affairs, institu22 tions of higher education, and other appropriate public 

23 and private entities (including international entities) to 

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


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1 ‘‘(c) RESPONSIBILITIES.—The Center shall have re2 sponsibilities as follows: 

3 ‘‘(1) To direct and oversee, based on expert re4 search, the development and implementation of a 

5 long-term, comprehensive plan and strategy for the 

6 Department of Defense for the prevention, diagnosis, 

7 mitigation, treatment, and rehabilitation of post8 traumatic stress disorder. 

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

10 and dissemination within the Department of best 

11 practices for the treatment of post-traumatic stress 

12 disorder. 

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

14 system of the Department in determining the mental 

15 health and neurological health personnel required to 

16 provide quality mental health care for members of 

17 the armed forces with post-traumatic stress disorder. 

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

19 comprehensive program to train mental health and 

20 neurological health professionals of the Department 

21 in the treatment of post-traumatic stress disorder. 

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

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

24 post-traumatic stress disorder. 


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

2 treatment facilities of the Department best practices 

3 for training mental health professionals, including 

4 neurological health professionals, with respect to 

5 post-traumatic stress disorder. 

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

7 research on post-traumatic stress disorder for the 

8 purposes of understanding the etiology of post-trau9 matic stress disorder and developing preventive 

10 interventions and new treatments. 

11 ‘‘(8) To develop outreach strategies and treat12 ments for families of members of the armed forces 

13 with post-traumatic stress disorder in order to miti14 gate the negative impacts of traumatic brain injury 

15 on such family members and to support the recovery 

16 of such members from post-traumatic stress dis17 order. 

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

19 health needs of women members of the armed forces, 

20 including victims of sexual assault, with post-trau21 matic stress disorder and develop treatments to meet 

22 any needs identified through such research. 

23 ‘‘(10) To conduct research on the unique men24 tal health needs of ethnic minority members of the 

25 armed forces with post-traumatic stress disorder and 


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1 develop treatments to meet any needs identified 

2 through such research. 

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

4 needs of families of members of the armed forces 

5 with post-traumatic stress disorder and develop 

6 treatments to meet any needs identified through 

7 such research. 

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

9 to increase the number of mental health and neuro10 logical health professionals within the Department in 

11 order to facilitate the meeting by the Department of 

12 the needs of members of the armed forces with post13 traumatic stress disorder until their transition to 

14 care and treatment from the Department of Vet15 erans Affairs. 

16 ‘‘(13) Such other responsibilities as the Sec17 retary shall specify.’’. 

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

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

20 by inserting after the item relating to section 1105 the 

21 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.’’. 

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

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


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1 Secretary of Defense shall submit to Congress a report 

2 on the establishment of the Center of Excellence in Pre3 vention, Diagnosis, Mitigation, Treatment, and Rehabili4 tation of Traumatic Brain Injury required by section 

5 1105a of title 10, United States Code (as added by sub6 section (a)), and the establishment of the Center of Excel7 lence in Prevention, Diagnosis, Mitigation, Treatment, 

8 and Rehabilitation of Post-Traumatic Stress Disorder re9 quired by section 1105b of title 10, United States Code 

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

11 such Center— 

12 (1) describe in detail the activities and proposed 

13 activities of such Center; and 

14 (2) assess the progress of such Center in dis15 charging the responsibilities of such Center. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 hereby authorized to be appropriated for fiscal year 2008 

18 for the Department of Defense for Defense Health Pro19 gram, $10,000,000, of which— 

20 (1) $5,000,000 shall be available for the Center 

21 of Excellence in Prevention, Diagnosis, Mitigation, 

22 Treatment, and Rehabilitation of Traumatic Brain 

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

24 States Code; and 


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1 (2) $5,000,000 shall be available for the Center 

2 of Excellence in Prevention, Diagnosis, Mitigation, 

3 Treatment, and Rehabilitation of Post-Traumatic 

4 Stress Disorder required by section 1105b of title 

5 10, United States Code. 

6 SEC. 224. FUNDING FOR IMPROVED DIAGNOSIS, TREAT7 MENT, AND REHABILITATION OF MEMBERS 

8 OF THE ARMED FORCES WITH TRAUMATIC 

9 BRAIN INJURY OR POST-TRAUMATIC STRESS 

10 DISORDER. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 to be appropriated for fiscal year 2008 for the De14 partment of Defense for Defense Health Program in 

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

16 available for activities as follows: 

17 (A) Activities relating to the improved di18 agnosis, treatment, and rehabilitation of mem19 bers of the Armed Forces with traumatic brain 

20 injury (TBI). 

21 (B) Activities relating to the improved di22 agnosis, treatment, and rehabilitation of mem23 bers of the Armed Forces with post-traumatic 

24 stress disorder (PTSD). 


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

2 authorized to be appropriated by paragraph (1), 

3 $17,000,000 shall be available for the Defense and 

4 Veterans Brain Injury Center of the Department of 

5 Defense. 

6 (b) SUPPLEMENT NOT SUPPLANT.—The amount au7 thorized to be appropriated by subsection (a) for Defense 

8 Health Program is in addition to any other amounts au9 thorized to be appropriated by this Act for Defense Health 

10 Program. 

11 SEC. 225. REPORTS. 

12 (a) REPORTS ON IMPLEMENTATION OF CERTAIN RE13 QUIREMENTS.—Not later than 90 days after the date of 

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

15 submit to the congressional defense committees a report 

16 describing the progress in implementing the requirements 

17 as follows: 

18 (1) The requirements of section 721 of the 

19 John Warner National Defense Authorization Act 

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

21 Stat. 2294), relating to a longitudinal study on trau22 matic brain injury incurred by members of the 

23 Armed Forces in Operation Iraqi Freedom and Op24 eration Enduring Freedom. 


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1 (2) The requirements arising from the amend2 ments made by section 738 of the John Warner Na3 tional Defense Authorization Act for Fiscal Year 

4 2007 (120 Stat. 2303), relating to enhanced mental 

5 health screening and services for members of the 

6 Armed Forces. 

7 (3) The requirements of section 741 of the 

8 John Warner National Defense Authorization Act 

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

10 pilot projects on early diagnosis and treatment of 

11 post-traumatic stress disorder and other mental 

12 health conditions. 

13 (b) ANNUAL REPORTS ON EXPENDITURES FOR AC14 TIVITIES ON TBI AND PTSD.— 

15 (1) REPORTS REQUIRED.—Not later than 

16 March 1, 2008, and each year thereafter, the Sec17 retary of Defense shall submit to the congressional 

18 defense committees a report setting forth the 

19 amounts expended by the Department of Defense 

20 during the preceding calendar year on activities de21 scribed in paragraph (2), including the amount allo22 cated during such calendar year to the Defense and 

23 Veterans Brain Injury Center of the Department. 

24 (2) COVERED ACTIVITIES.—The activities de25 scribed in this paragraph are activities as follows: 


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1 (A) Activities relating to the improved di2 agnosis, treatment, and rehabilitation of mem3 bers of the Armed Forces with traumatic brain 

4 injury (TBI). 

5 (B) Activities relating to the improved di6 agnosis, treatment, and rehabilitation of mem7 bers of the Armed Forces with post-traumatic 

8 stress disorder (PTSD). 

9 (3) ELEMENTS.—Each report under paragraph 

10 (1) shall include— 

11 (A) a description of the amounts expended 

12 as described in that paragraph, including a de13 scription of the activities for which expended; 

14 (B) a description and assessment of the 

15 outcome of such activities; 

16 (C) a statement of priorities of the Depart17 ment in activities relating to the prevention, di18 agnosis, research, treatment, and rehabilitation 

19 of traumatic brain injury in members of the 

20 Armed Forces during the year in which such re21 port is submitted and in future calendar years; 

22 and 

23 (D) a statement of priorities of the De24 partment in activities relating to the prevention, 

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1 tion of post-traumatic stress disorder in mem2 bers of the Armed Forces during the year in 

3 which such report is submitted and in future 

4 calendar years. 

5 Subtitle D—Other Matters 

6 SEC. 231. JOINT ELECTRONIC HEALTH RECORD FOR THE 

7 DEPARTMENT OF DEFENSE AND DEPART8 MENT OF VETERANS AFFAIRS. 

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

10 Secretary of Veterans Affairs shall jointly— 

11 (1) develop and implement a joint electronic 

12 health record for use by the Department of Defense 

13 and the Department of Veterans Affairs; and 

14 (2) accelerate the exchange of health care infor15 mation between the Department of Defense and the 

16 Department of Veterans Affairs in order to support 

17 the delivery of health care by both Departments. 

18 (b) DEPARTMENT OF DEFENSE-DEPARTMENT OF

19 VETERANS AFFAIRS INTERAGENCY PROGRAM OFFICE

20 FOR A JOINT ELECTRONIC HEALTH RECORD.— 

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

22 a joint element of the Department of Defense and 

23 the Department of Veterans Affairs to be known as 

24 the ‘‘Department of Defense-Department of Vet25 erans Affairs Interagency Program Office for a 


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1 Joint Electronic Health Record’’ (in this section re2 ferred to as the ‘‘Office’’). 

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

4 shall be as follows: 

5 (A) To act as a single point of account6 ability for the Department of Defense and the 

7 Department of Veterans Affairs in the rapid de8 velopment, test, and implementation of a joint 

9 electronic health record for use by the Depart10 ment of Defense and the Department of Vet11 erans Affairs. 

12 (B) To accelerate the exchange of health 

13 care information between Department of De14 fense and the Department of Veterans Affairs 

15 in order to support the delivery of health care 

16 by both Departments. 

17 (c) LEADERSHIP.— 

18 (1) DIRECTOR.—The Director of the Depart19 ment of Defense-Department of Veterans Affairs 

20 Interagency Program Office for a Joint Electronic 

21 Health Record shall be the head of the Office. 

22 (2) DEPUTY DIRECTOR.—The Deputy Director 

23 of the Department of Defense-Department of Vet24 erans Affairs Interagency Program Office for a 

25 Joint Electronic Health Record shall be the deputy 


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1 head of the office and shall assist the Director in 

2 carrying out the duties of the Director. 

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

4 appointed by the Secretary of Defense, with the con5 currence of the Secretary of Veterans Affairs, from 

6 among employees of the Department of Defense and 

7 the Department of Veterans Affairs in the Senior 

8 Executive Service who are qualified to direct the de9 velopment and acquisition of major information tech10 nology capabilities. 

11 (B) The Deputy Director shall be appointed by 

12 the Secretary of Veterans Affairs, with the concur13 rence of the Secretary of Defense, from among em14 ployees of the Department of Defense and the De15 partment of Veterans Affairs in the Senior Execu16 tive Service who are qualified to direct the develop17 ment and acquisition of major information tech18 nology capabilities. 

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

20 direction, supervision, and control provided by the 

21 Secretary of Defense and the Secretary of Veterans 

22 Affairs, the Office shall also receive guidance from 

23 the Department of Veterans Affairs-Department of 

24 Defense Joint Executive Committee under section 


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1 320 of title 38, United States Code, in the discharge 

2 of the functions of the Office under this section. 

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

4 appropriate committees of Congress, the Director 

5 and the Deputy Director shall testify before such 

6 committee regarding the discharge of the functions 

7 of the Office under this section. 

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

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

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

11 be utilized by both the Department of Defense and the 

12 Department of Veterans Affairs in the provision of med13 ical care and treatment to members of the Armed Forces 

14 and veterans. 

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

16 30 days after the date of the enactment of this Act, the 

17 Secretary of Defense and the Secretary of Veterans Af18 fairs shall jointly establish a schedule and benchmarks for 

19 the discharge by the Office of its function under this sec20 tion, including each of the following: 

21 (1) A schedule for the establishment of the Of22 fice. 

23 (2) A schedule and deadline for the establish24 ment of the requirements for the joint electronic 

25 health record described in subsection (d). 


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1 (3) A schedule and associated deadlines for any 

2 acquisition and testing required in the development 

3 and deployment of the joint electronic health record. 

4 (4) A schedule and associated deadlines and re5 quirements for the deployment of the joint electronic 

6 health record. 

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

8 fiscal years 2009 through 2013 for the discharge of 

9 its function. 

10 (f) PILOT PROJECTS.— 

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

12 in the discharge of its function under this section, 

13 the Secretary of Defense and the Secretary of Vet14 erans Affairs may, acting jointly, carry out one or 

15 more pilot projects to assess the feasability and ad16 visability of various technological approaches to the 

17 achievement of the joint electronic health record de18 scribed in subsection (d). 

19 (2) TREATMENT AS SINGLE HEALTH CARE SYS20 TEM.—For purposes of each pilot project carried out 

21 under this subsection, the health care system of the 

22 Department of Defense and the health care system 

23 of the Department of Veterans Affairs shall be treat24 ed as a single health care system for purposes of the 

25 regulations promulgated under section 264(c) of the 


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1 Health Insurance Portability and Accountability Act 

2 of 1996 (42 U.S.C. 1320d–2 note). 

3 (g) STAFF AND OTHER RESOURCES.— 

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

5 and the Secretary of Veterans Affairs shall assign to 

6 the Office such personnel and other resources of the 

7 Department of Defense and the Department of Vet8 erans Affairs as are required for the discharge of its 

9 function under this section. 

10 (2) ADDITIONAL SERVICES.—Subject to the ap11 proval of the Secretary of Defense and the Secretary 

12 of Veterans Affairs, the Director may utilize the 

13 services of private individuals and entities as con14 sultants to the Office in the discharge of its function 

15 under this section. Amounts available to the Office 

16 shall be available for payment for such services. 

17 (h) ANNUAL REPORTS.— 

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

19 2009, and each year thereafter through 2014, the 

20 Director shall submit to the Secretary of Defense 

21 and the Secretary of Veterans Affairs, and to the 

22 appropriate committees of Congress, a report on the 

23 activities of the Office during the preceding calendar 

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

25 by such report, the following: 


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1 (A) A detailed description of the activities 

2 of the Office, including a detailed description of 

3 the amounts expended and the purposes for 

4 which expended. 

5 (B) An assessment of the progress made 

6 by the Department of Defense and the Depart7 ment of Veterans Affairs in the development 

8 and implementation of the joint electronic 

9 health record described in subsection (d). 

10 (2) AVAILABILITY TO PUBLIC.—The Secretary 

11 of Defense and the Secretary of Veterans Affairs 

12 shall make available to the public each report sub13 mitted under paragraph (1), including by posting 

14 such report on the Internet website of the Depart15 ment of Defense and the Department of Veterans 

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

17 (i) COMPTROLLER GENERAL ASSESSMENT OF IM18 PLEMENTATION.—Not later than six months after the 

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

20 thereafter until the completion of the implementation of 

21 the joint electronic health record described in subsection 

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

23 submit to the appropriate committees of Congress a report 

24 setting forth the assessment of the Comptroller General 

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1 partment of Veterans Affairs in developing and imple2 menting the joint electronic health record. 

3 (j) FUNDING.— 

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

5 and the Secretary of Veterans Affairs shall each con6 tribute equally to the costs of the Office in fiscal 

7 year 2008 and fiscal years thereafter. The amount 

8 so contributed by each Secretary in fiscal year 2008 

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

10 (2) SOURCE OF FUNDS.—(A) Amounts contrib11 uted by the Secretary of Defense under paragraph 

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

13 appropriated for the Department of Defense for the 

14 Defense Health Program and available for program 

15 management and technology resources. 

16 (B) Amounts contributed by the Secretary of 

17 Veterans Affairs under paragraph (1) shall be de18 rived from amounts authorized to be appropriated 

19 for the Department of Veterans Affairs for Medical 

20 Care and available for program management and 

21 technology resources. 

22 (k) JOINT ELECTRONIC HEALTH RECORD DE23 FINED.—In this section, the term ‘‘joint electronic health 

24 record’’ means a single system that includes patient infor25 mation across the continuum of medical care, including 


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1 inpatient care, outpatient care, pharmacy care, patient 

2 safety, and rehabilitative care. 

3 SEC. 232. ENHANCED PERSONNEL AUTHORITIES FOR THE 

4 DEPARTMENT OF DEFENSE FOR HEALTH 

5 CARE PROFESSIONALS FOR CARE AND 

6 TREATMENT OF WOUNDED AND INJURED 

7 MEMBERS OF THE ARMED FORCES. 

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

9 States Code, is amended to read as follows: 

10 ‘‘§ 1599c. Health care professionals: enhanced ap11 pointment and compensation authority 

12 for personnel for care and treatment of 

13 wounded and injured members of the 

14 armed forces 

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

16 the Secretary, exercise any authority for the appointment 

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

18 38 for purposes of the recruitment, employment, and re19 tention of civilian health care professionals for the Depart20 ment of Defense if the Secretary determines that the exer21 cise of such authority is necessary in order to provide or 

22 enhance the capacity of the Department to provide care 

23 and treatment for members of the armed forces who are 

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


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

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

3 by striking the item relating to section 1599c and insert4 ing the following new item: 

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

injured members of the armed forces.’’. 

5 SEC. 233. PERSONNEL SHORTAGES IN THE MENTAL 

6 HEALTH WORKFORCE OF THE DEPARTMENT 

7 OF DEFENSE. 

8 (a) RECOMMENDATIONS ON MEANS OF ADDRESSING

9 SHORTAGES.— 

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

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

12 Defense shall submit to the Committees on Armed 

13 Services of the Senate and the House of Representa14 tives a report setting forth the recommendations of 

15 the Secretary for such legislative or administrative 

16 actions as the Secretary considers appropriate to ad17 dress current personnel shortages in the mental 

18 health workforce of the Department of Defense. 

19 (2) ELEMENTS.—The report required by para20 graph (1) shall address the following: 

21 (A) Enhancements or improvements of fi22 nancial incentives for personnel in the mental 

23 health workforce of the Department of Defense 

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1 tion of such personnel, including recruitment, 

2 accession, or retention bonuses and scholarship, 

3 tuition, and other financial assistance. 

4 (B) Modifications of service obligations of 

5 personnel in the mental health workforce. 

6 (C) Such other matters as the Secretary 

7 considers appropriate. 

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

9 days after the date of the enactment of this Act, the Sec10 retary of Defense shall implement programs to recruit 

11 qualified individuals in mental health fields to serve in the 

12 Armed Forces as mental health personnel of the Armed 

13 Forces. 

14 TITLE III—DISABILITY MATTERS 

15 Subtitle A—Disability Evaluations 

16 SEC. 301. UTILIZATION OF VETERANS’ PRESUMPTION OF 

17 SOUND CONDITION IN ESTABLISHING ELIGI18 BILITY OF MEMBERS OF THE ARMED FORCES 

19 FOR RETIREMENT FOR DISABILITY. 

20 (a) RETIREMENT OF REGULARS AND MEMBERS ON

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

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

23 amended to read as follows: 

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

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1 ability was not noted at the time of the 

2 member’s entrance on active duty (unless 

3 compelling evidence or medical judgment is 

4 such to warrant a finding that the dis5 ability existed before the member’s en6 trance on active duty);’’. 

7 (b) SEPARATION OF REGULARS AND MEMBERS ON

8 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Section 

9 1203(b)(4)(B) of such title is amended by striking ‘‘and 

10 the member has at least eight years of service computed 

11 under section 1208 of this title’’ and inserting ‘‘, the mem12 ber has six months or more of active military service, and 

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

14 entrance on active duty (unless evidence or medical judg15 ment is such to warrant a finding that the disability ex16 isted before the member’s entrance on active duty)’’. 

17 SEC. 302. REQUIREMENTS AND LIMITATIONS ON DEPART18 MENT OF DEFENSE DETERMINATIONS OF 

19 DISABILITY WITH RESPECT TO MEMBERS OF 

20 THE ARMED FORCES. 

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

22 States Code, is amended by inserting after section 1216 

23 the following new section: 


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1 ‘‘§ 1216a. Determinations of disability: requirements 

2 and limitations on determinations 

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

4 DISABILITIES IN DETERMINATIONS OF DISABILITY.—(1) 

5 In making a determination of disability of a member of 

6 the armed forces for purposes of this chapter, the Sec7 retary concerned— 

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

9 schedule for rating disabilities in use by the Depart10 ment of Veterans Affairs, including any applicable 

11 interpretation of the schedule by the United States 

12 Court of Appeals for Veterans Claims; and 

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

14 not deviate from the schedule or any such interpre15 tation of the schedule. 

16 ‘‘(2) In making a determination described in para17 graph (1), the Secretary concerned may utilize in lieu of 

18 the schedule described in that paragraph such criteria as 

19 the Secretary of Defense and the Secretary of Veterans 

20 Affairs may jointly prescribe for purposes of this sub21 section if the utilization of such criteria will result in a 

22 determination of a greater percentage of disability than 

23 would be otherwise determined through the utilization of 

24 the schedule. 

25 ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI26 TIONS.—In making a determination of the rating of disVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 ability of a member of the armed forces for purposes of 

2 this chapter, the Secretary concerned shall take into ac3 count all medical conditions, whether individually or collec4 tively, that render the member unfit to perform the duties 

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

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

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

8 by inserting after the item relating to section 1216 the 

9 following new item: 

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

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

11 ARMED FORCES SEPARATED FROM SERVICE 

12 WITH A DISABILITY RATING OF 20 PERCENT 

13 DISABLED OR LESS. 

14 (a) BOARD REQUIRED.— 

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

16 United States Code, is amended by inserting after 

17 section 1554 adding the following new section: 

18 ‘‘§ 1554a. Review of separation with disability rating 

19 of 20 percent disabled or less 

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

21 shall establish within the Office of the Secretary of De22 fense a board of review to review the disability determina23 tions of covered individuals by Physical Evaluation 


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1 Boards. The board shall be known as the ‘Physical Dis2 ability Board of Review’. 

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

4 members appointed by the Secretary. 

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

6 section, covered individuals are members and former mem7 bers of the armed forces who, during the period beginning 

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

9 2009— 

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

11 to unfitness for duty due to a medical condition with 

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

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

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

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

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

17 Board shall review the findings and decisions of the Phys18 ical Evaluation Board with respect to such covered indi19 vidual. 

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

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

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

23 A witness may present evidence to the Board by affidavit 

24 or by any other means considered acceptable by the Sec25 retary of Defense. 


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

2 may, as a result of its findings under a review under sub3 section (c), recommend to the Secretary concerned the fol4 lowing (as applicable) with respect to a covered individual: 

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

6 such individual or modification of the disability rat7 ing previously assigned such individual. 

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

9 such individual to retirement for disability. 

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

11 previously assigned such individual by the Physical 

12 Evaluation Board concerned. 

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

14 such individual. 

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

16 Secretary concerned may correct the military records of 

17 a covered individual in accordance with a recommendation 

18 made by the Board under subsection (d). Any such correc19 tion may be made effective as of the effective date of the 

20 action taken on the report of the Physical Evaluation 

21 Board to which such recommendation relates. 

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

23 pursuant to the findings and decision of a Physical Eval24 uation Board together with a lump-sum or other payment 

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


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1 pay or other monetary benefits to which such member 

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

3 as corrected shall be reduced to take into account receipt 

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

5 the Secretary of Defense considers appropriate. 

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

7 correct the military records of a covered individual, the 

8 action taken on the report of the Physical Evaluation 

9 Board to which such recommendation relates shall be 

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

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

12 out in accordance with regulations prescribed by the Sec13 retary of Defense. 

14 ‘‘(2) The regulations under paragraph (1) shall speci15 fy the effect of a determination or pending determination 

16 of a Physical Evaluation Board on considerations by 

17 boards for correction of military records under section 

18 1552 of this title.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 79 of such title is 

21 amended by inserting after the item relating to sec22 tion 1554 the following new item: 

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

less.’’. 

23 (b) IMPLEMENTATION.—The Secretary of Defense 

24 shall establish the board of review required by section 


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1 1554a of title 10, United States Code (as added by sub2 section (a)), and prescribe the regulations required by 

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

4 enactment of this Act. 

5 SEC. 304. PILOT PROGRAMS ON REVISED AND IMPROVED 

6 DISABILITY EVALUATION SYSTEM FOR MEM7 BERS OF THE ARMED FORCES. 

8 (a) PILOT PROGRAMS.— 

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

10 shall, in consultation with the Secretary of Veterans 

11 Affairs, carry out pilot programs with respect to the 

12 disability evaluation system of the Department of 

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

14 (2) REQUIRED PILOT PROGRAMS.—In carrying 

15 out this section, the Secretary of Defense shall carry 

16 out the pilot programs described in paragraphs (1) 

17 through (3) of subsection (c). Each such pilot pro18 gram shall be implemented not later than 90 days 

19 after the date of the enactment of this Act. 

20 (3) AUTHORIZED PILOT PROGRAMS.—In car21 rying out this section, the Secretary of Defense may 

22 carry out such other pilot programs as the Secretary 

23 of Defense, in consultation with the Secretary of 

24 Veterans Affairs, considers appropriate. 


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1 (b) DISABILITY EVALUATION SYSTEM OF THE DE2 PARTMENT OF DEFENSE.—For purposes of this section, 

3 the disability evaluation system of the Department of De4 fense is the system of the Department for the evaluation 

5 of the disabilities of members of the Armed Forces who 

6 are being separated or retired from the Armed Forces for 

7 disability under chapter 61 of title 10, United States 

8 Code. 

9 (c) SCOPE OF PILOT PROGRAMS.— 

10 (1) DISABILITY DETERMINATIONS BY DOD UTI11 LIZING VA ASSIGNED DISABILITY RATING.—Under 

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

13 purposes of making a determination of disability of 

14 a member of the Armed Forces under section 

15 1201(b) of title 10, United States Code, for the re16 tirement, separation, or placement of the member on 

17 the temporary disability retired list under chapter 61 

18 of such title, upon a determination by the Secretary 

19 of the military department concerned that the mem20 ber is unfit to perform the duties of the member’s 

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

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

23 title— 

24 (A) the Secretary of Veterans Affairs 

25 shall— 


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1 (i) conduct an evaluation of the mem2 ber for physical disability; and 

3 (ii) assign the member a rating of dis4 ability in accordance with the schedule for 

5 rating disabilities utilized by the Secretary 

6 of Veterans Affairs based on all medical 

7 conditions (whether individually or collec8 tively) that render the member unfit for 

9 duty; and 

10 (B) the Secretary of the military depart11 ment concerned shall make the determination of 

12 disability regarding the member utilizing the 

13 rating of disability assigned under subpara14 graph (A)(ii). 

15 (2) DISABILITY DETERMINATIONS UTILIZING

16 JOINT DOD/VA ASSIGNED DISABILITY RATING.— 

17 Under one of the pilot programs under subsection 

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

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

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

21 separation, or placement of the member on the tem22 porary disability retired list under chapter 61 of 

23 such title, the Secretary of the military department 

24 concerned shall, upon determining that the member 

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


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1 grade, rank, or rating because of a physical dis2 ability as described in section 1201(a) of such title— 

3 (A) provide for the joint evaluation of the 

4 member for disability by the Secretary of the 

5 military department concerned and the Sec6 retary of Veterans Affairs, including the assign7 ment of a rating of disability for the member in 

8 accordance with the schedule for rating disabil9 ities utilized by the Secretary of Veterans Af10 fairs based on all medical conditions (whether 

11 individually or collectively) that render the 

12 member unfit for duty; and 

13 (B) make the determination of disability 

14 regarding the member utilizing the rating of 

15 disability assigned under subparagraph (A). 

16 (3) ELECTRONIC CLEARING HOUSE.—Under 

17 one of the pilot programs, the Secretary of Defense 

18 shall establish and operate a single Internet website 

19 for the disability evaluation system of the Depart20 ment of Defense that enables participating members 

21 of the Armed Forces to fully utilize such system 

22 through the Internet, with such Internet website to 

23 include the following: 

24 (A) The availability of any forms required 

25 for the utilization of the disability evaluation 


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1 system by members of the Armed Forces under 

2 the system. 

3 (B) Secure mechanisms for the submission 

4 of such forms by members of the Armed Forces 

5 under the system, and for the tracking of the 

6 acceptance and review of any forms so sub7 mitted. 

8 (C) Secure mechanisms for advising mem9 bers of the Armed Forces under the system of 

10 any additional information, forms, or other 

11 items that are required for the acceptance and 

12 review of any forms so submitted. 

13 (D) The continuous availability of assist14 ance to members of the Armed Forces under 

15 the system (including assistance through the 

16 caseworkers assigned to such members of the 

17 Armed Forces) in submitting and tracking such 

18 forms, including assistance in obtaining infor19 mation, forms, or other items described by sub20 paragraph (C). 

21 (E) Secure mechanisms to request and re22 ceive personnel files or other personnel records 

23 of members of the Armed Forces under the sys24 tem that are required for submission under the 

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1 bility to track requests for such files or records 

2 and to determine the status of such requests 

3 and of responses to such requests. 

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

5 program carried out by the Secretary of Defense 

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

7 for the development, evaluation, and identification of 

8 such practices and procedures under the disability 

9 evaluation system of the Department of Defense as 

10 the Secretary considers appropriate for purpose set 

11 forth in subsection (d). 

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

13 under subsection (a) shall be— 

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

15 and identification of revised and improved practices 

16 and procedures under the disability evaluation sys17 tem of the Department of Defense in order to— 

18 (A) reduce the processing time under the 

19 disability evaluation system of members of the 

20 Armed Forces who are likely to be retired or 

21 separated for disability, and who have not re22 quested continuation on active duty, including, 

23 in particular, members who are severely wound24 ed; 


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1 (B) identify and implement or seek the 

2 modification of statutory or administrative poli3 cies and requirements applicable to the dis4 ability evaluation system that— 

5 (i) are unnecessary or contrary to ap6 plicable best practices of civilian employers 

7 and civilian healthcare systems; or 

8 (ii) otherwise result in hardship, arbi9 trary, or inconsistent outcomes for mem10 bers of the Armed Forces, or unwarranted 

11 inefficiencies and delays; 

12 (C) eliminate material variations in poli13 cies, interpretations, and overall performance 

14 standards among the military departments 

15 under the disability evaluation system; and 

16 (D) determine whether it enhances the ca17 pability of the Department of Veterans Affairs 

18 to receive and determine claims from members 

19 of the Armed Forces for compensation, pension, 

20 hospitalization, or other veterans benefits; and 

21 (2) in conjunction with the findings and rec22 ommendations of applicable Presidential and De23 partment of Defense study groups, to provide for the 

24 eventual development of revised and improved prac25 tices and procedures for the disability evaluation sysVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS S1606

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1 tem in order to achieve the objectives set forth in 

2 paragraph (1). 

3 (e) UTILIZATION OF RESULTS IN UPDATES OF COM4 PREHENSIVE POLICY ON CARE, MANAGEMENT, AND

5 TRANSITION OF COVERED SERVICEMEMBERS.—The Sec6 retary of Defense and the Secretary of Veterans Affairs 

7 shall jointly incorporate responses to any findings and rec8 ommendations arising under the pilot programs required 

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

10 the care and management of covered servicemembers 

11 under section 101. 

12 (f) CONSTRUCTION WITH OTHER AUTHORITIES.— 

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

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

15 (A) the rules and regulations of the De16 partment of Defense and the Department of 

17 Veterans Affairs relating to methods of deter18 mining fitness or unfitness for duty and dis19 ability ratings for members of the Armed 

20 Forces shall apply to the pilot program only to 

21 the extent provided in the report on the pilot 

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

23 (B) the Secretary of Defense and the Sec24 retary of Veterans Affairs may waive any provi25 sion of title 10, 37, or 38, United States Code, 


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1 relating to methods of determining fitness or 

2 unfitness for duty and disability ratings for 

3 members of the Armed Forces if the Secretaries 

4 determine in writing that the application of 

5 such provision would be inconsistent with the 

6 purpose of the pilot program. 

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

8 shall be construed to authorize the waiver of any 

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

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

11 (g) DURATION.—Each pilot program under sub12 section (a) shall be completed not later than one year after 

13 the date of the commencement of such pilot program 

14 under that subsection. 

15 (h) REPORTS.— 

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

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the appropriate 

19 committees of Congress a report on the pilot pro20 grams under subsection (a). The report shall in21 clude— 

22 (A) a description of the scope and objec23 tives of each pilot program; 

24 (B) a description of the methodology to be 

25 used under such pilot program to ensure rapid 


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1 identification under such pilot program of re2 vised or improved practices under the disability 

3 evaluation system of the Department of Defense 

4 in order to achieve the objectives set forth in 

5 subsection (d)(1); and 

6 (C) a statement of any provision described 

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

8 the pilot program by reason of a waiver under 

9 that subsection. 

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

11 days after the date of the submittal of the report re12 quired by paragraph (1), the Secretary shall submit 

13 to the appropriate committees of Congress a report 

14 describing the current status of such pilot program. 

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

16 after the completion of all the pilot programs de17 scribed in paragraphs (1) through (3) of subsection 

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

19 committees of Congress a report setting forth a final 

20 evaluation and assessment of such pilot programs. 

21 The report shall include such recommendations for 

22 legislative or administrative action as the Secretary 

23 considers appropriate in light of such pilot pro24 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 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6401 E:\BILLS\S1606.RS 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). 

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

13 ‘‘Dignified Treatment of Wounded Warriors Act’’. 

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

15 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. 

Sec. 102. Consideration of needs of women members of the Armed Forces and veterans. 

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. 


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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 post-traumatic 

stress disorder. 

Sec. 224. Review of mental health services and treatment for female members of 

the Armed Forces and veterans. 

Sec. 225. Funding for improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury or posttraumatic stress disorder. 

Sec. 226. Reports. 

Subtitle D—Other Matters 

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

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, including personnel in the mental health workforce. 

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. 

Sec. 312. Electronic transfer from the Department of Defense to the Department 

of Veterans Affairs of documents supporting eligibility for benefits. 

Sec. 313. Assessments of temporary disability retired list. 

TITLE IV—IMPROVEMENT OF FACILITIES HOUSING PATIENTS 

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

care facilities, and military quarters housing patients. 


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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. 

TITLE VI—OTHER MATTERS 

Sec. 601. Study on physical and mental health and other readjustment needs of 

members and former members of the Armed Forces who deployed 

in Operation Iraqi Freedom and Operation Enduring Freedom 

and their families. 

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 and 

6 Veterans’ Affairs of the Senate; and 

7 (B) the Committees on Armed Services and 

8 Veterans’ Affairs of the House of Representatives. 

9 (2) The term ‘‘congressional defense committees’’ 

10 has the meaning given that term in section 

11 101(a)(16) of title 10, United States Code. 

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

13 Forces’’ means a member of the Armed Forces, includ14 ing a member of the National Guard or a Reserve, 

15 who is undergoing medical treatment, recuperation, 

16 or therapy, is otherwise in medical hold or medical 

17 holdover status, or is otherwise on the temporary dis18 ability retired list for a serious injury or illness. 


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

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

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

4 37, United States Code. 

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

6 status’’ means— 

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

8 Forces, including a member of the National 

9 Guard or Reserve, assigned or attached to a 

10 military hospital for medical care; and 

11 (B) the status of a member of a reserve com12 ponent of the Armed Forces who is separated, 

13 whether pre-deployment or post-deployment, 

14 from the member’s unit while in need of health 

15 care based on a medical condition identified 

16 while the member is on active duty in the Armed 

17 Forces. 

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

19 case of a member of the Armed Forces, means an in20 jury or illness incurred by the member in line of duty 

21 on active duty in the Armed Forces that may render 

22 the member medically unfit to perform the duties of 

23 the member’s office, grade, rank, or rating. 


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

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

3 10, United States Code. 

4 TITLE I—POLICY ON CARE, MAN5 AGEMENT, AND TRANSITION 

6 OF SERVICEMEMBERS WITH 

7 SERIOUS INJURIES OR ILL8 NESSES 

9 SEC. 101. COMPREHENSIVE POLICY ON CARE, MANAGE10 MENT, AND TRANSITION OF MEMBERS OF 

11 THE ARMED FORCES WITH SERIOUS INJU12 RIES OR ILLNESSES. 

13 (a) COMPREHENSIVE POLICY REQUIRED.— 

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

15 2008, the Secretary of Defense and the Secretary of 

16 Veterans Affairs shall, to the extent feasible, jointly 

17 develop and implement a comprehensive policy on the 

18 care and management of members of the Armed 

19 Forces who are undergoing medical treatment, recu20 peration, or therapy, are otherwise in medical hold or 

21 medical holdover status, or are otherwise on the tem22 porary disability retired list for a serious injury or 

23 illness (hereafter in this section referred to as a ‘‘cov24 ered servicemembers’’). 


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

2 each of the following: 

3 (A) The care and management of covered 

4 servicemembers while in medical hold or medical 

5 holdover status or on the temporary disability 

6 retired list. 

7 (B) The medical evaluation and disability 

8 evaluation of covered servicemembers. 

9 (C) The return of covered servicemembers to 

10 active duty when appropriate. 

11 (D) The transition of covered 

12 servicemembers from receipt of care and services 

13 through the Department of Defense to receipt of 

14 care and services through the Department of Vet15 erans Affairs. 

16 (3) CONSULTATION.—The Secretary of Defense 

17 and the Secretary of Veterans Affairs shall develop the 

18 policy in consultation with the heads of other appro19 priate departments and agencies of the Federal Gov20 ernment and with appropriate non-governmental or21 ganizations having an expertise in matters relating to 

22 the policy. 

23 (4) UPDATE.—The Secretary of Defense and the 

24 Secretary of Veterans Affairs shall jointly update the 

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1 nually, in order to incorporate in the policy, as ap2 propriate, the results of the reviews under subsections 

3 (b) and (c) and the best practices identified through 

4 pilot programs under section 304. 

5 (b) REVIEW OF CURRENT POLICIES AND PROCE6 DURES.— 

7 (1) REVIEW REQUIRED.—In developing the pol8 icy required by this section, the Secretary of Defense 

9 and the Secretary of Veterans Affairs shall, to the ex10 tent necessary, jointly and separately conduct a re11 view of all policies and procedures of the Department 

12 of Defense and the Department of Veterans Affairs 

13 that apply to, or shall be covered by, the policy. 

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

15 be to identify the most effective and patient-oriented 

16 approaches to care and management of covered 

17 servicemembers for purposes of— 

18 (A) incorporating such approaches into the 

19 policy; and 

20 (B) extending such approaches, where ap21 plicable, to care and management of other in22 jured or ill members of the Armed Forces and 

23 veterans. 


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

2 Secretary of Defense and the Secretary of Veterans Af3 fairs shall— 

4 (A) identify among the policies and proce5 dures described in paragraph (1) best practices 

6 in approaches to the care and management de7 scribed in that paragraph; 

8 (B) identify among such policies and proce9 dures existing and potential shortfalls in such 

10 care and management (including care and man11 agement of covered servicemembers on the tem12 porary disability retired list), and determine 

13 means of addressing any shortfalls so identified; 

14 (C) determine potential modifications of 

15 such policies and procedures in order to ensure 

16 consistency and uniformity among the military 

17 departments and the regions of the Department 

18 of Veterans Affairs in their application and dis19 charge; and 

20 (D) develop recommendations for legislative 

21 and administrative action necessary to imple22 ment the results of the review. 

23 (4) DEADLINE FOR COMPLETION.—The review 

24 shall be completed not later than 90 days after the 

25 date of the enactment of this Act. 


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1 (c) CONSIDERATION OF FINDINGS, RECOMMENDA2 TIONS, AND PRACTICES.—In developing the policy required 

3 by this section, the Secretary of Defense and the Secretary 

4 of Veterans Affairs shall take into account the following: 

5 (1) The findings and recommendations of appli6 cable studies, reviews, reports, and evaluations that 

7 address matters relating to the policy, including, but 

8 not limited, to the following: 

9 (A) The Independent Review Group on Re10 habilitative Care and Administrative Processes 

11 at Walter Reed Army Medical Center and Na12 tional Naval Medical Center appointed by the 

13 Secretary of Defense. 

14 (B) The Secretary of Veterans Affairs Task 

15 Force on Returning Global War on Terror He16 roes appointed by the President. 

17 (C) The President’s Commission on Care for 

18 America’s Returning Wounded Warriors. 

19 (D) The Veterans’ Disability Benefits Com20 mission established by title XV of the National 

21 Defense Authorization Act for Fiscal Year 2004 

22 (Public Law 108–136; 117 Stat. 1676; 38 U.S.C. 

23 1101 note). 


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1 (E) The President’s Commission on Vet2 erans’ Pensions, of 1956, chaired by General 

3 Omar N. Bradley. 

4 (F) The Report of the Congressional Com5 mission on Servicemembers and Veterans Transi6 tion Assistance, of 1999, chaired by Anthony J. 

7 Principi. 

8 (G) The President’s Task Force to Improve 

9 Health Care Delivery for Our Nation’s Veterans, 

10 of March 2003. 

11 (2) The experience and best practices of the De12 partment of Defense and the military departments on 

13 matters relating to the policy. 

14 (3) The experience and best practices of the De15 partment of Veterans Affairs on matters relating to 

16 the policy. 

17 (4) Such other matters as the Secretary of De18 fense and the Secretary of Veterans Affairs consider 

19 appropriate. 

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

21 required by this section shall provide, in particular, the fol22 lowing: 

23 (1) RESPONSIBILITY FOR COVERED

24 SERVICEMEMBERS IN MEDICAL HOLD OR MEDICAL

25 HOLDOVER STATUS OR ON TEMPORARY DISABILITY


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1 RETIRED LIST.—Mechanisms to ensure responsibility 

2 for covered servicemembers in medical hold or medical 

3 holdover status or on the temporary disability retired 

4 list, including the following: 

5 (A) Uniform standards for access of covered 

6 servicemembers to non-urgent health care services 

7 from the Department of Defense or other pro8 viders under the TRICARE program, with such 

9 access to be— 

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

11 request of care; 

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

13 request of care; 

14 (iii) for diagnostic referrals and stud15 ies, within 5 days of request; and 

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

17 determination of medical necessity, within 

18 14 days of request. 

19 (B) Requirements for the assignment of ade20 quate numbers of personnel for the purpose of re21 sponsibility for and administration of covered 

22 servicemembers in medical hold or medical hold23 over status or on the temporary disability retired 

24 list. 


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1 (C) Requirements for the assignment of ade2 quate numbers of medical personnel and non3 medical personnel to roles and responsibilities 

4 for caring for and administering covered 

5 servicemembers in medical hold or medical hold6 over status or on the temporary disability retired 

7 list, and a description of the roles and respon8 sibilities of personnel so assigned. 

9 (D) Guidelines for the location of care for 

10 covered servicemembers in medical hold or med11 ical holdover status or on the temporary dis12 ability retired list, which guidelines shall address 

13 the assignment of such servicemembers to care 

14 and residential facilities closest to their duty sta15 tion or home of record or the location of their 

16 designated caregiver at the earliest possible time. 

17 (E) Criteria for work and duty assignments 

18 of covered servicemembers in medical hold or 

19 medical holdover status or on the temporary dis20 ability retired list, including a prohibition on 

21 the assignment of duty to a servicemember which 

22 is incompatible with the servicemember’s medical 

23 condition. 

24 (F) Guidelines for the provision of care and 

25 counseling for eligible family members of covered 


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1 servicemembers in medical hold or medical hold2 over status or on the temporary disability retired 

3 list. 

4 (G) Requirements for case management of 

5 covered servicemembers in medical hold or med6 ical holdover status or on the temporary dis7 ability retired list, 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 or on the temporary disability retired 

13 list, whether members of the regular components 

14 of the Armed Forces or members of the reserve 

15 components of the Armed Forces. 

16 (I) Standards for the conditions and acces17 sibility of residential facilities for covered 

18 servicemembers in medical hold or medical hold19 over status or on the temporary disability retired 

20 list who are in outpatient status, and for their 

21 immediate family members. 

22 (J) Requirements on the provision of trans23 portation and subsistence for covered 

24 servicemembers in medical hold or medical hold25 over status or on the temporary disability retired 


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1 list, whether in inpatient status or outpatient 

2 status, to facilitate obtaining needed medical 

3 care and services. 

4 (K) Requirements on the provision of edu5 cational and vocational training and rehabilita6 tion opportunities for covered servicemembers in 

7 medical hold or medical holdover status or on the 

8 temporary disability retired list. 

9 (L) Procedures for tracking and informing 

10 covered servicemembers in medical hold or med11 ical holdover status or on the temporary dis12 ability retired list about medical evaluation 

13 board and physical disability evaluation board 

14 processing. 

15 (M) Requirements for integrated case man16 agement of covered servicemembers in medical 

17 hold or medical holdover status or on the tem18 porary disability retired list during their transi19 tion from care and treatment through the De20 partment of Defense to care and treatment 

21 through the Department of Veterans Affairs. 

22 (N) Requirements and standards for advis23 ing and training, as appropriate, family mem24 bers with respect to care for covered 

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1 over status or on the temporary disability retired 

2 list with serious medical conditions, particularly 

3 traumatic brain injury (TBI), burns, and post4 traumatic stress disorder (PTSD). 

5 (O) Requirements for periodic reassessments 

6 of covered servicemembers, and limits on the 

7 length of time such servicemembers may be re8 tained in medical hold or medical holdover sta9 tus or on the temporary disability retired list. 

10 (P) Requirements to inform covered 

11 servicemembers and their family members of 

12 their rights and responsibilities while in medical 

13 hold or medical holdover status or on the tem14 porary disability retired list. 

15 (Q) The requirement to establish a Depart16 ment of Defense-wide Ombudsman Office within 

17 the Office of the Secretary of Defense to provide 

18 oversight of the ombudsman offices in the mili19 tary departments and policy guidance to such of20 fices with respect to providing assistance to, and 

21 answering questions from, covered 

22 servicemembers and their families. 

23 (2) MEDICAL EVALUATION AND PHYSICAL DIS24 ABILITY EVALUATION FOR COVERED

25 SERVICEMEMBERS.— 


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1 (A) MEDICAL EVALUATIONS.—Processes, 

2 procedures, and standards for medical evalua3 tions of covered servicemembers, including the 

4 following: 

5 (i) Processes for medical evaluations of 

6 covered servicemembers that are— 

7 (I) applicable uniformly through8 out the military departments; and 

9 (II) applicable uniformly with re10 spect to such servicemembers who are 

11 members of the regular components of 

12 the Armed Forces and such 

13 servicemembers who are members of the 

14 National Guard and Reserve. 

15 (ii) Standard criteria and definitions 

16 for determining the achievement for covered 

17 servicemembers of the maximum medical 

18 benefit from treatment and rehabilitation. 

19 (iii) Standard timelines for each of the 

20 following: 

21 (I) Determinations of fitness for 

22 duty of covered servicemembers. 

23 (II) Specialty consultations for 

24 covered servicemembers. 


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1 (III) Preparation of medical doc2 uments for covered servicemembers. 

3 (IV) Appeals by covered 

4 servicemembers of medical evaluation 

5 determinations, including determina6 tions of fitness for duty. 

7 (iv) Uniform standards for qualifica8 tions and training of medical evaluation 

9 board personnel, including physicians, case 

10 workers, and physical disability evaluation 

11 board liaison officers, in conducting medical 

12 evaluations of covered servicemembers. 

13 (v) Standards for the maximum num14 ber of medical evaluation cases of covered 

15 servicemembers that are pending before a 

16 medical evaluation board at any one time, 

17 and requirements for the establishment of 

18 additional medical evaluation boards in the 

19 event such number is exceeded. 

20 (vi) Uniform standards for informa21 tion for covered servicemembers, and their 

22 families, on the medical evaluation board 

23 process and the rights and responsibilities of 

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1 cluding a standard handbook on such infor2 mation. 

3 (B) PHYSICAL DISABILITY EVALUATIONS.— 

4 Processes, procedures, and standards for physical 

5 disability evaluations of covered servicemembers, 

6 including the following: 

7 (i) A non-adversarial process of the 

8 Department of Defense and the Department 

9 of Veterans Affairs for disability determina10 tions of covered servicemembers. 

11 (ii) To the extent feasible, procedures to 

12 eliminate unacceptable discrepancies among 

13 disability ratings assigned by the military 

14 departments and the Department of Vet15 erans Affairs, particularly in the disability 

16 evaluation of covered servicemembers, which 

17 procedures shall be subject to the following 

18 requirements and limitations: 

19 (I) Such procedures shall apply 

20 uniformly with respect to covered 

21 servicemembers who are members of the 

22 regular components of the Armed 

23 Forces and covered servicemembers who 

24 are members of the National Guard 

25 and Reserve. 


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1 (II) Under such procedures, each 

2 Secretary of a military department 

3 shall, to the extent feasible, utilize the 

4 standard schedule for rating disabil5 ities in use by the Department of Vet6 erans Affairs, including any applicable 

7 interpretation of such schedule by the 

8 United States Court of Appeals for Vet9 erans Claims, in making any deter10 mination of disability of a covered 

11 servicemember. 

12 (iii) Standard timelines for appeals of 

13 determinations of disability of covered 

14 servicemembers, including timelines for 

15 presentation, consideration, and disposition 

16 of appeals. 

17 (iv) Uniform standards for qualifica18 tions and training of physical disability 

19 evaluation board personnel in conducting 

20 physical disability evaluations of covered 

21 servicemembers. 

22 (v) Standards for the maximum num23 ber of physical disability evaluation cases of 

24 covered servicemembers that are pending be25 fore a physical disability evaluation board 


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1 at any one time, and requirements for the 

2 establishment of additional physical dis3 ability evaluation boards in the event such 

4 number is exceeded. 

5 (vi) Procedures for the provision of 

6 legal counsel to covered servicemembers 

7 while undergoing evaluation by a physical 

8 disability evaluation board. 

9 (vii) Uniform standards on the roles 

10 and responsibilities of case managers, 

11 servicemember advocates, and judge advo12 cates assigned to covered servicemembers 

13 undergoing evaluation by a physical dis14 ability board, and uniform standards on the 

15 maximum number of cases involving such 

16 servicemembers that are to be assigned to 

17 such managers and advocates. 

18 (C) RETURN OF COVERED

19 SERVICEMEMBERS TO ACTIVE DUTY.—Standards 

20 for determinations by the military departments 

21 on the return of covered servicemembers to active 

22 duty in the Armed Forces. 

23 (D) TRANSITION OF COVERED

24 SERVICEMEMBERS FROM DOD TO VA.—Processes, 

25 procedures, and standards for the transition of 


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1 covered servicemembers from care and treatment 

2 by the Department of Defense to care and treat3 ment by the Department of Veterans Affairs be4 fore, during, and after separation from the 

5 Armed Forces, including the following: 

6 (i) A uniform, patient-focused policy to 

7 ensure that the transition occurs without 

8 gaps in medical care and the quality of 

9 medical care, benefits, and services. 

10 (ii) Procedures for the identification 

11 and tracking of covered servicemembers dur12 ing the transition, and for the coordination 

13 of care and treatment of such 

14 servicemembers during the transition, in15 cluding a system of cooperative case man16 agement of such servicemembers by the De17 partment of Defense and the Department of 

18 Veterans Affairs during the transition. 

19 (iii) Procedures for the notification of 

20 Department of Veterans Affairs liaison per21 sonnel of the commencement by covered 

22 servicemembers of the medical evaluation 

23 process and the physical disability evalua24 tion process. 


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1 (iv) Procedures and timelines for the 

2 enrollment of covered servicemembers in ap3 plicable enrollment or application systems 

4 of the Department of Veterans with respect 

5 to health care, disability, education, voca6 tional rehabilitation, or other benefits. 

7 (v) Procedures to ensure the access of 

8 covered servicemembers during the transi9 tion to vocational, educational, and reha10 bilitation benefits available through the De11 partment of Veterans Affairs. 

12 (vi) Standards for the optimal location 

13 of Department of Defense and Department 

14 of Veterans Affairs liaison and case man15 agement personnel at military medical 

16 treatment facilities, medical centers, and 

17 other medical facilities of the Department of 

18 Defense. 

19 (vii) Standards and procedures for in20 tegrated medical care and management for 

21 covered servicemembers during the transi22 tion, including procedures for the assign23 ment of medical personnel of the Depart24 ment of Veterans Affairs to Department of 

25 Defense facilities to participate in the needs 


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1 assessments of such servicemembers before, 

2 during, and after their separation from 

3 military service. 

4 (viii) Standards for the preparation of 

5 detailed plans for the transition of covered 

6 servicemembers from care and treatment by 

7 the Department of Defense to care and 

8 treatment by the Department of Veterans 

9 Affairs, which plans shall be based on 

10 standardized elements with respect to care 

11 and treatment requirements and other ap12 plicable requirements. 

13 (E) OTHER MATTERS.—The following addi14 tional matters with respect to covered 

15 servicemembers: 

16 (i) Access by the Department of Vet17 erans Affairs to the military health records 

18 of covered servicemembers who are receiving 

19 care and treatment, or are anticipating re20 ceipt of care and treatment, in Department 

21 of Veterans Affairs health care facilities. 

22 (ii) Requirements for utilizing, in ap23 propriate cases, a single physical examina24 tion that meets requirements of both the De25 partment of Defense and the Department of 


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1 Veterans Affairs for covered servicemembers 

2 who are being retired, separated, or released 

3 from military service. 

4 (iii) Surveys and other mechanisms to 

5 measure patient and family satisfaction 

6 with the provision by the Department of 

7 Defense and the Department of Veterans Af8 fairs of care and services for covered 

9 servicemembers, and to facilitate appro10 priate oversight by supervisory personnel of 

11 the provision of such care and services. 

12 (e) REPORTS.— 

13 (1) REPORT ON POLICY.—Upon the development 

14 of the policy required by this section but not later 

15 than January 1, 2008, the Secretary of Defense and 

16 the Secretary of Veterans Affairs shall jointly submit 

17 to the appropriate committees of Congress a report on 

18 the policy, including a comprehensive and detailed 

19 description of the policy and of the manner in which 

20 the policy addresses the findings and recommenda21 tions of the reviews under subsections (b) and (c). 

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

23 policy under subsection (a)(4), the Secretary of De24 fense and the Secretary of Veterans Affairs shall joint25 ly submit to the appropriate committees of Congress 


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1 a report on the update of the policy, including a com2 prehensive and detailed description of such update 

3 and of the reasons for such update. 

4 (f) COMPTROLLER GENERAL ASSESSMENT OF IMPLE5 MENTATION.—Not later than six months after the date of 

6 the enactment of this Act and every year thereafter, the 

7 Comptroller General of the United States shall submit to 

8 the appropriate committees of Congress a report setting 

9 forth the assessment of the Comptroller General of the 

10 progress of the Secretary of Defense and the Secretary of 

11 Veterans Affairs in developing and implementing the policy 

12 required by this section. 

13 SEC. 102. CONSIDERATION OF NEEDS OF WOMEN MEMBERS 

14 OF THE ARMED FORCES AND VETERANS. 

15 (a) IN GENERAL.—In developing and implementing 

16 the policy required by section 101, and in otherwise car17 rying out any other provision of this Act or any amendment 

18 made by this Act, the Secretary of Defense and the Sec19 retary of Veterans Affairs shall take into account and fully 

20 address any unique specific needs of women members of the 

21 Armed Forces and women veterans under such policy or 

22 other provision. 

23 (b) REPORTS.—In submitting any report required by 

24 this Act or an amendment made by this Act, the Secretary 

25 of Defense and the Secretary of Veterans Affairs shall, to 


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1 the extent applicable, include a description of the manner 

2 in which the matters covered by such report address the 

3 unique specific needs of women members of the Armed 

4 Forces and women veterans. 

5 TITLE II—HEALTH CARE 

6 Subtitle A—Enhanced Availability 

7 of Care for Servicemembers 

8 SEC. 201. MEDICAL CARE AND OTHER BENEFITS FOR MEM9 BERS AND FORMER MEMBERS OF THE ARMED 

10 FORCES WITH SEVERE INJURIES OR ILL11 NESSES. 

12 (a) MEDICAL AND DENTAL CARE FOR MEMBERS AND

13 FORMER MEMBERS.— 

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

15 enactment of this Act and subject to regulations pre16 scribed by the Secretary of Defense, any covered mem17 ber of the Armed Forces, and any former member of 

18 the Armed Forces, with a severe injury or illness is 

19 entitled to medical and dental care in any facility of 

20 the uniformed services under section 1074(a) of title 

21 10, United States Code, or through any civilian 

22 health care provider authorized by the Secretary to 

23 provide health and mental health services to members 

24 of the uniformed services, including traumatic brain 

25 injury (TBI) and post-traumatic stress disorder 


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1 (PTSD), as if such member or former member were 

2 a member of the uniformed services described in para3 graph (2) of such section who is entitled to medical 

4 and dental care under such section. 

5 (2) PERIOD OF AUTHORIZED CARE.—(A) Except 

6 as provided in subparagraph (B), a member or 

7 former member described in paragraph (1) is entitled 

8 to care under that paragraph— 

9 (i) in the case of a member or former mem10 ber whose severe injury or illness concerned is in11 curred or aggravated during the period begin12 ning on October 7, 2001, and ending on the date 

13 of the enactment of this Act, during the three14 year period beginning on the date of the enact15 ment of this Act, except that no compensation is 

16 payable by reason of this subsection for any pe17 riod before the date of the enactment of this Act; 

18 or 

19 (ii) in the case of a member or former mem20 ber whose severe injury or illness concerned is in21 curred or aggravated on or after the date of the 

22 enactment of this Act, during the three-year pe23 riod beginning on the date on which such injury 

24 or illness is so incurred or aggravated. 


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1 (B) The period of care authorized for a member 

2 or former member under this paragraph may be ex3 tended by the Secretary concerned for an additional 

4 period of up to two years if the Secretary concerned 

5 determines that such extension is necessary to assure 

6 the maximum feasible recovery and rehabilitation of 

7 the member or former member. Any such determina8 tion shall be made on a case-by-case basis. 

9 (3) INTEGRATED CARE MANAGEMENT.—The Sec10 retary of Defense shall provide for a program of inte11 grated care management in the provision of care and 

12 services under this subsection, which management 

13 shall be provided by appropriate medical and case 

14 management personnel of the Department of Defense 

15 and the Department of Veterans Affairs (as approved 

16 by the Secretary of Veterans Affairs) and with appro17 priate support from the Department of Defense re18 gional health care support contractors. 

19 (4) WAIVER OF LIMITATIONS TO MAXIMIZE

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

21 medical and dental care to a member or former mem22 ber under this subsection during the period referred to 

23 in paragraph (2), waive any limitation otherwise ap24 plicable under chapter 55 of title 10, United States 

25 Code, to the provision of such care to the member or 


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1 former member if the Secretary considers the waiver 

2 appropriate to assure the maximum feasible recovery 

3 and rehabilitation of the member or former member. 

4 (5) CONSTRUCTION WITH ELIGIBILITY FOR VET5 ERANS BENEFITS.—Nothing in this subsection shall be 

6 construed to reduce, alter, or otherwise affect the eligi7 bility or entitlement of a member or former member 

8 of the Armed Forces to any health care, disability, or 

9 other benefits to which the member of former member 

10 would otherwise be eligible or entitled as a veteran 

11 under the laws administered by the Secretary of Vet12 erans Affairs. 

13 (6) SUNSET.—The Secretary of Defense may not 

14 provide medical or dental care to a member or former 

15 member of the Armed Forces under this subsection 

16 after December 31, 2012, if the Secretary has not pro17 vided medical or dental care to the member or former 

18 member under this subsection before that date. 

19 (b) REHABILITATION AND VOCATIONAL BENEFITS.— 

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

21 enactment of this Act, a member of the Armed Forces 

22 with a severe injury or illness is entitled to such bene23 fits (including rehabilitation and vocational benefits, 

24 but not including compensation) from the Secretary 

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1 bilitation of such member as the Secretary otherwise 

2 provides to members of the Armed Forces receiving 

3 medical care in medical facilities of the Department 

4 of Veterans Affairs facilities in order to facilitate the 

5 recovery and rehabilitation of such members. 

6 (2) LIMITATIONS.—The provisions of paragraphs 

7 (2) through (6) of subsection (a) shall apply to the 

8 provision of benefits under this subsection as if the 

9 benefits provided under this subsection were provided 

10 under subsection (a). 

11 (3) REIMBURSEMENT.—The Secretary of Defense 

12 shall reimburse the Secretary of Veterans Affairs for 

13 the cost of any benefits provided under this subsection 

14 in accordance with applicable mechanisms for the re15 imbursement of the Secretary of Veterans Affairs for 

16 the provision of medical care to members of the 

17 Armed Forces. 

18 (c) RECOVERY OF CERTAIN EXPENSES OF MEDICAL

19 CARE AND RELATED TRAVEL.— 

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

21 60 days after the date of the enactment of this Act, 

22 the Secretary of the military department concerned 

23 may reimburse covered members of the Armed Forces, 

24 and former members of the Armed Forces, with a se25 vere injury or illness for covered expenses incurred by 


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1 such members or former members, or their family 

2 members, in connection with the receipt by such mem3 bers or former members of medical care that is re4 quired for such injury or illness. 

5 (2) COVERED EXPENSES.—Expenses for which 

6 reimbursement may be made under paragraph (1) in7 clude the following: 

8 (A) Expenses for health care services for 

9 which coverage would be provided under section 

10 1074(c) of title 10, United States Code, for mem11 bers of the uniformed services on active duty. 

12 (B) Expenses of travel of a non-medical at13 tendant who accompanies a member or former 

14 member of the Armed Forces for required med15 ical care that is not available to such member or 

16 former member locally, if such attendant is ap17 pointed for that purpose by a competent medical 

18 authority (as determined under regulations pre19 scribed by the Secretary of Defense for purposes 

20 of this subsection). 

21 (C) Such other expenses for medical care as 

22 the Secretary may prescribe for purposes of this 

23 subsection. 

24 (3) AMOUNT OF REIMBURSEMENT.—The amount 

25 of reimbursement under paragraph (1) for expenses 


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1 covered by paragraph (2) shall be determined in ac2 cordance with regulations prescribed by the Secretary 

3 of Defense for purposes of this subsection. 

4 (d) SEVERE INJURY OR ILLNESS DEFINED.—In this 

5 section, the term ‘‘severe injury or illness’’ means any seri6 ous injury or illness that is assigned a disability rating 

7 of 30 percent or higher under the schedule for rating disabil8 ities in use by the Department of Defense. 

9 Subtitle B—Care and Services for 

10 Dependents 

11 SEC. 211. MEDICAL CARE AND SERVICES AND SUPPORT 

12 SERVICES FOR FAMILIES OF MEMBERS OF 

13 THE ARMED FORCES RECOVERING FROM SE14 RIOUS INJURIES OR ILLNESSES. 

15 (a) MEDICAL CARE.— 

16 (1) IN GENERAL.—A family member of a covered 

17 member of the Armed Forces who is not otherwise eli18 gible for medical care at a military medical treat19 ment facility or at medical facilities of the Depart20 ment of Veterans Affairs shall be eligible for such care 

21 at such facilities, on a space-available basis, if the 

22 family member is— 

23 (A) on invitational orders while caring for 

24 the covered member of the Armed Forces; 


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

2 covered member of the Armed Forces; or 

3 (C) receiving per diem payments from the 

4 Department of Defense while caring for the cov5 ered member of the Armed Forces. 

6 (2) SPECIFICATION OF FAMILY MEMBERS.—Not7 withstanding section 2(4), the Secretary of Defense 

8 and the Secretary of Veterans Affairs shall jointly 

9 prescribe in regulations the family members of cov10 ered members of the Armed Forces who shall be con11 sidered to be a family member of a covered member 

12 of the Armed Forces for purposes of paragraph (1). 

13 (3) SPECIFICATION OF CARE.—(A) The Secretary 

14 of Defense shall prescribe in regulations the medical 

15 care and counseling that shall be available to family 

16 members under paragraph (1) at military medical 

17 treatment facilities. 

18 (B) The Secretary of Veterans Affairs shall pre19 scribe in regulations the medical care and counseling 

20 that shall be available to family members under para21 graph (1) at medical facilities of the Department of 

22 Veterans Affairs. 

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

24 may recover the costs of the provision of medical care 


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1 and counseling under paragraph (1) as follows (as 

2 applicable): 

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

4 manner as the United States may collect costs of 

5 the charges of health care provided to covered 

6 beneficiaries from third-party payers under sec7 tion 1095 of title 10, United States Code. 

8 (B) As if such care and counseling was pro9 vided under the authority of section 1784 of title 

10 38, United States Code. 

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

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

13 while caring for a covered member of the Armed Forces for 

14 more than 45 days during a one-year period shall be eligible 

15 for job placement services otherwise offered by the Depart16 ment of Defense. 

17 (c) REPORT ON NEED FOR ADDITIONAL SERVICES.— 

18 Not later than 90 days after the date of the enactment of 

19 this Act, the Secretary of Defense shall submit to the con20 gressional defense committees a report setting forth the as21 sessment of the Secretary of the need for additional employ22 ment services, and of the need for employment protection, 

23 of family members described in subsection (b) who are 

24 placed on leave from employment or otherwise displaced 


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1 from employment while caring for a covered member of the 

2 Armed Forces as described in that subsection. 

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 after 

12 the date of the enactment of this Act, the Secretary of De13 fense shall, in consultation with the Secretary of Veterans 

14 Affairs, submit to the congressional defense committees one 

15 or more comprehensive plans for programs and activities 

16 of the Department of Defense to prevent, diagnose, mitigate, 

17 treat, and otherwise respond to traumatic brain injury 

18 (TBI) and post-traumatic stress disorder (PTSD) in mem19 bers of the Armed Forces. 

20 (b) ELEMENTS.—Each plan submitted under sub21 section (a) shall include comprehensive proposals of the De22 partment on the following: 

23 (1) The designation by the Secretary of Defense 

24 of a lead agent or executive agent for the Department 


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1 to coordinate development and implementation of the 

2 plan. 

3 (2) The improvement of personnel protective 

4 equipment for members of the Armed Forces in order 

5 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 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 (5) The development, adoption, and deployment 

17 of diagnostic criteria for the detection and evaluation 

18 of the range of traumatic brain injury and post-trau19 matic stress disorder in members of the Armed Forces, 

20 which criteria shall be employed uniformly across the 

21 military departments in all applicable circumstances, 

22 including provision of clinical care and assessment of 

23 future deployability of members of the Armed Forces. 

24 (6) The development and deployment of effective 

25 means of assessing traumatic brain injury and postVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 traumatic stress disorder in members of the Armed 

2 Forces, including a system of pre-deployment and 

3 post-deployment screenings of cognitive ability in 

4 members for the detection of cognitive impairment, as 

5 required by the amendments made by section 222. 

6 (7) The development and deployment of effective 

7 means of managing and monitoring members of the 

8 Armed Forces with traumatic brain injury or post9 traumatic stress disorder in the receipt of care for 

10 traumatic brain injury or post-traumatic stress dis11 order, as applicable, including the monitoring and as12 sessment of treatment and outcomes. 

13 (8) The development and deployment of an edu14 cation and awareness training initiative designed to 

15 reduce the negative stigma associated with traumatic 

16 brain injury, post-traumatic stress disorder, and 

17 mental health treatment. 

18 (9) The provision of education and outreach to 

19 families of members of the Armed Forces with trau20 matic brain injury or post-traumatic stress disorder 

21 on a range of matters relating to traumatic brain in22 jury or post-traumatic stress disorder, as applicable, 

23 including detection, mitigation, and treatment. 

24 (10) The assessment of the current capabilities of 

25 the Department for the prevention, diagnosis, mitigaVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 tion, treatment, and rehabilitation of traumatic brain 

2 injury and post-traumatic stress disorder in members 

3 of the Armed Forces. 

4 (11) The identification of gaps in current capa5 bilities of the Department for the prevention, diag6 nosis, mitigation, treatment, and rehabilitation of 

7 traumatic brain injury and post-traumatic stress dis8 order in members of the Armed Forces. 

9 (12) The identification of the resources required 

10 for the Department in fiscal years 2009 thru 2013 to 

11 address the gaps in capabilities identified under 

12 paragraph (11). 

13 (13) The development of joint planning among 

14 the Department of Defense, the military departments, 

15 and the Department of Veterans Affairs for the pre16 vention, diagnosis, mitigation, treatment, and reha17 bilitation of traumatic brain injury and post-trau18 matic stress disorder in members of the Armed Forces, 

19 including planning for the seamless transition of such 

20 members from care through the Department of Defense 

21 care through the Department of Veterans Affairs. 

22 (14) 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 (15) The development of clinical practice guide2 lines for the diagnosis and treatment of blast injuries 

3 in members of the Armed Forces, including, but not 

4 limited to, traumatic brain injury. 

5 (c) COORDINATION IN DEVELOPMENT.—Each plan 

6 submitted under subsection (a) shall be developed in coordi7 nation with the Secretary of the Army (who was designated 

8 by the Secretary of Defense as executive agent for the pre9 vention, mitigation, and treatment of blast injuries under 

10 section 256 of the National Defense Authorization Act for 

11 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3181; 

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

13 (d) ADDITIONAL ACTIVITIES.—In carrying out pro14 grams and activities for the prevention, diagnosis, mitiga15 tion, and treatment of traumatic brain injury and post16 traumatic stress disorder in members of the Armed Forces, 

17 the Secretary of Defense shall— 

18 (1) examine the results of the recently completed 

19 Phase 2 study, funded by the National Institutes of 

20 Health, on the use of progesterone for acute traumatic 

21 brain injury; 

22 (2) determine if Department of Defense funding 

23 for a Phase 3 clinical trial on the use of progesterone 

24 for acute traumatic brain injury, or for further re25 search regarding the use of progesterone or its metaboVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 lites for treatment of traumatic brain injury, is war2 ranted; and 

3 (3) provide for the collaboration of the Depart4 ment of Defense, as appropriate, in clinical trials and 

5 research on pharmacological approaches to treatment 

6 for traumatic brain injury and post-traumatic stress 

7 disorder that is conducted by other departments and 

8 agencies of the Federal Government. 

9 SEC. 222. IMPROVEMENT OF MEDICAL TRACKING SYSTEM 

10 FOR MEMBERS OF THE ARMED FORCES DE11 PLOYED OVERSEAS. 

12 (a) PROTOCOL FOR ASSESSMENT OF COGNITIVE FUNC13 TIONING.— 

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

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

16 amended— 

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

18 the following new subparagraph: 

19 ‘‘(C) An assessment of post-traumatic stress dis20 order.’’; and 

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

22 paragraph: 

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

24 subparagraphs (B) and (C) of paragraph (2) a protocol for 

25 the predeployment assessment and documentation of the 


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1 cognitive (including memory) functioning of a member who 

2 is deployed outside the United States in order to facilitate 

3 the assessment of the postdeployment cognitive (including 

4 memory) functioning of the member. 

5 ‘‘(B) The protocol under subparagraph (A) shall in6 clude appropriate mechanisms to permit the differential di7 agnosis of traumatic brain injury in members returning 

8 from deployment in a combat zone.’’. 

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

10 protocol required by paragraph (3) of section 1074f(b) 

11 of title 10, United States Code (as amended by para12 graph (1) of this subsection), for purposes of assess13 ments for traumatic brain injury, the Secretary of 

14 Defense shall conduct up to three pilot projects to 

15 evaluate various mechanisms for use in the protocol 

16 for such purposes. One of the mechanisms to be so 

17 evaluated shall be a computer-based assessment tool. 

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

19 of the pilot projects conducted under this paragraph, 

20 the Secretary shall submit to the appropriate commit21 tees of Congress a report on the pilot projects. The re22 port shall include— 

23 (i) a description of the pilot projects so con24 ducted; 


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1 (ii) an assessment of the results of each such 

2 pilot project; and 

3 (iii) a description of any mechanisms eval4 uated under each such pilot project that will in5 corporated into the protocol. 

6 (C) Not later than 180 days after completion of 

7 the pilot projects conducted under this paragraph, the 

8 Secretary shall establish a mechanism for imple9 menting any mechanism evaluated under such a pilot 

10 project that is selected for incorporation in the pro11 tocol. 

12 (D) There is hereby authorized to be appro13 priated to the Department of Defense, $3,000,000 for 

14 the pilot projects authorized by this paragraph. Of the 

15 amount so authorized to be appropriated, not more 

16 than $1,000,000 shall be available for any particular 

17 pilot project. 

18 (b) QUALITY ASSURANCE.—Subsection (d)(2) of sec19 tion 1074f of title 10, United States Code, is amended by 

20 adding at the end the following new subparagraph: 

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

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

23 (c) STANDARDS FOR DEPLOYMENT.—Subsection (f) of 

24 such section is amended— 


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1 (1) in the subsection heading, by striking ‘‘MEN2 TAL HEALTH’’; and 

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

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

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

6 DIAGNOSIS, MITIGATION, TREATMENT, AND 

7 REHABILITATION OF TRAUMATIC BRAIN IN8 JURY AND POST-TRAUMATIC STRESS DIS9 ORDER. 

10 (a) CENTER OF EXCELLENCE ON TRAUMATIC BRAIN

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

12 amended by inserting after section 1105 the following new 

13 section: 

14 ‘‘§ 1105a. Center of Excellence in Prevention, Diag15 nosis, Mitigation, Treatment, and Reha16 bilitation of Traumatic Brain Injury 

17 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es18 tablish within the Department of Defense a center of excel19 lence in the prevention, diagnosis, mitigation, treatment, 

20 and rehabilitation of traumatic brain injury (TBI), includ21 ing mild, moderate, and severe traumatic brain injury, to 

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

23 center shall be known as a ‘Center of Excellence in Preven24 tion, Diagnosis, Mitigation, Treatment, and Rehabilitation 

25 of Traumatic Brain Injury’. 


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

2 the Center to enter into such partnerships, agreements, or 

3 other arrangements as the Secretary considers appropriate 

4 with the Department of Veterans Affairs, institutions of 

5 higher education, and other appropriate public and private 

6 entities (including international entities) to carry out the 

7 responsibilities specified in subsection (c). 

8 ‘‘(c) RESPONSIBILITIES.—The Center shall have re9 sponsibilities as follows: 

10 ‘‘(1) To direct and oversee, based on expert re11 search, the development and implementation of a 

12 long-term, comprehensive plan and strategy for the 

13 Department of Defense for the prevention, diagnosis, 

14 mitigation, treatment, and rehabilitation of trau15 matic brain injury. 

16 ‘‘(2) To provide for the development, testing, and 

17 dissemination within the Department of best practices 

18 for the treatment of traumatic brain injury. 

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

20 system of the Department in determining the mental 

21 health and neurological health personnel required to 

22 provide quality mental health care for members of the 

23 armed forces with traumatic brain injury. 

24 ‘‘(4) To establish, implement, and oversee a com25 prehensive program to train mental health and neuroVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 logical health professionals of the Department in the 

2 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 trau10 matic 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 mental 

2 health needs of ethnic minority members of the armed 

3 forces with traumatic brain injury and develop treat4 ments to meet any needs identified through such re5 search. 

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

7 needs of families of members of the armed forces with 

8 traumatic brain injury and develop treatments to 

9 meet any needs identified through such research. 

10 ‘‘(12) To conduct longitudinal studies (using im11 aging technology and other proven research methods) 

12 on members of the armed forces with traumatic brain 

13 injury to identify early signs of Alzheimer’s disease, 

14 Parkinson’s disease, or other manifestations of 

15 neurodegeneration in such members, which studies 

16 should be conducted in coordination with the studies 

17 authorized by section 721 of the John Warner Na18 tional Defense Authorization Act for Fiscal Year 2007 

19 (Public Law 109–364; 120 Stat. 2294) and other 

20 studies of the Department of Defense and the Depart21 ment of Veterans Affairs that address the connection 

22 between exposure to combat and the development of 

23 Alzheimer’s disease, Parkinson’s disease, and other 

24 neurodegenerative disorders. 


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1 ‘‘(13) To develop and oversee a long-term plan to 

2 increase the number of mental health and neurological 

3 health professionals within the Department in order 

4 to facilitate the meeting by the Department of the 

5 needs of members of the armed forces with traumatic 

6 brain injury until their transition to care and treat7 ment from the Department of Veterans Affairs. 

8 ‘‘(14) Such other responsibilities as the Secretary 

9 shall specify.’’. 

10 (b) CENTER OF EXCELLENCE ON POST-TRAUMATIC

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

12 amended by inserting after section 1105a, as added by sub13 section (a), the following new section: 

14 ‘‘§ 1105b. Center of Excellence in Prevention, Diag15 nosis, Mitigation, Treatment, and Reha16 bilitation of Post-Traumatic Stress Dis17 order 

18 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es19 tablish within the Department of Defense a center of excel20 lence in the prevention, diagnosis, mitigation, treatment, 

21 and rehabilitation of post-traumatic stress disorder 

22 (PTSD), including mild, moderate, and severe post-trau23 matic stress disorder, to carry out the responsibilities speci24 fied in subsection (c). The center shall be known as a ‘Center 

25 of Excellence in Prevention, Diagnosis, Mitigation, TreatVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 ment, and Rehabilitation of Post-Traumatic Stress Dis2 order’. 

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

4 the Center to enter into such partnerships, agreements, or 

5 other arrangements as the Secretary considers appropriate 

6 with the National Center for Post-Traumatic Stress Dis7 order of the Department of Veterans Affairs, institutions of 

8 higher education, and other appropriate public and private 

9 entities (including international entities) to carry out the 

10 responsibilities specified in subsection (c). 

11 ‘‘(c) RESPONSIBILITIES.—The Center shall have re12 sponsibilities as follows: 

13 ‘‘(1) To direct and oversee, based on expert re14 search, the development and implementation of a 

15 long-term, comprehensive plan and strategy for the 

16 Department of Defense for the prevention, diagnosis, 

17 mitigation, treatment, and rehabilitation of post18 traumatic stress disorder. 

19 ‘‘(2) To provide for the development, testing, and 

20 dissemination within the Department of best practices 

21 for the treatment of post-traumatic stress disorder. 

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

23 system of the Department in determining the mental 

24 health and neurological health personnel required to 


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1 provide quality mental health care for members of the 

2 armed forces with post-traumatic stress disorder. 

3 ‘‘(4) To establish, implement, and oversee a com4 prehensive program to train mental health and neuro5 logical health professionals of the Department in the 

6 treatment of post-traumatic stress disorder. 

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

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

9 post-traumatic stress disorder. 

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

11 treatment facilities of the Department best practices 

12 for training mental health professionals, including 

13 neurological health professionals, with respect to post14 traumatic stress disorder. 

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

16 research on post-traumatic stress disorder for the pur17 poses of understanding the etiology of post-traumatic 

18 stress disorder and developing preventive interven19 tions and new treatments. 

20 ‘‘(8) To develop outreach strategies and treat21 ments for families of members of the armed forces 

22 with post-traumatic stress disorder in order to miti23 gate the negative impacts of traumatic brain injury 

24 on such family members and to support the recovery 

25 of such members from post-traumatic stress disorder. 


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

2 health needs of women members of the armed forces, 

3 including victims of sexual assault, with post-trau4 matic stress disorder and develop treatments to meet 

5 any needs identified through such research. 

6 ‘‘(10) To conduct research on the unique mental 

7 health needs of ethnic minority members of the armed 

8 forces with post-traumatic stress disorder and develop 

9 treatments to meet any needs identified through such 

10 research. 

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

12 needs of families of members of the armed forces with 

13 post-traumatic stress disorder and develop treatments 

14 to meet any needs identified through such research. 

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

16 increase the number of mental health and neurological 

17 health professionals within the Department in order 

18 to facilitate the meeting by the Department of the 

19 needs of members of the armed forces with post-trau20 matic stress disorder until their transition to care 

21 and treatment from the Department of Veterans Af22 fairs. 

23 ‘‘(13) Such other responsibilities as the Secretary 

24 shall specify.’’. 


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1 (c) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 55 of such title is amended by in3 serting after the item relating to section 1105 the following 

4 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.’’. 

5 (d) REPORT ON ESTABLISHMENT.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary of Defense shall submit to Congress a report on the 

8 establishment of the Center of Excellence in Prevention, Di9 agnosis, Mitigation, Treatment, and Rehabilitation of 

10 Traumatic Brain Injury required by section 1105a of title 

11 10, United States Code (as added by subsection (a)), and 

12 the establishment of the Center of Excellence in Prevention, 

13 Diagnosis, Mitigation, Treatment, and Rehabilitation of 

14 Post-Traumatic Stress Disorder required by section 1105b 

15 of title 10, United States Code (as added by subsection (b)). 

16 The report shall, for each such Center— 

17 (1) describe in detail the activities and proposed 

18 activities of such Center; and 

19 (2) assess the progress of such Center in dis20 charging the responsibilities of such Center. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 hereby authorized to be appropriated for fiscal year 2008 


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1 for the Department of Defense for Defense Health Program, 

2 $10,000,000, of which— 

3 (1) $5,000,000 shall be available for the Center 

4 of Excellence in Prevention, Diagnosis, Mitigation, 

5 Treatment, and Rehabilitation of Traumatic Brain 

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

7 States Code; and 

8 (2) $5,000,000 shall be available for the Center 

9 of Excellence in Prevention, Diagnosis, Mitigation, 

10 Treatment, and Rehabilitation of Post-Traumatic 

11 Stress Disorder required by section 1105b of title 10, 

12 United States Code. 

13 SEC. 224. REVIEW OF MENTAL HEALTH SERVICES AND 

14 TREATMENT FOR FEMALE MEMBERS OF THE 

15 ARMED FORCES AND VETERANS. 

16 (a) COMPREHENSIVE REVIEW.—The Secretary of De17 fense and the Secretary of Veterans Affairs shall jointly con18 duct a comprehensive review of— 

19 (1) the need for mental health treatment and 

20 services for female members of the Armed Forces and 

21 veterans; and 

22 (2) the efficacy and adequacy of existing mental 

23 health treatment programs and services for female 

24 members of the Armed Forces and veterans. 


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1 (b) ELEMENTS.—The review required by subsection (a) 

2 shall include, but not be limited to, an assessment of the 

3 following: 

4 (1) The need for mental health outreach, preven5 tion, and treatment services specifically for female 

6 members of the Armed Forces and veterans. 

7 (2) The access to and efficacy of existing mental 

8 health outreach, prevention, and treatment services 

9 and programs (including substance abuse programs) 

10 for female veterans who served in a combat zone. 

11 (3) The access to and efficacy of services and 

12 treatment for female members of the Armed Forces 

13 and veterans who experience post-traumatic stress 

14 disorder (PTSD). 

15 (4) The availability of services and treatment for 

16 female members of the Armed Forces and veterans 

17 who experienced sexual assault or abuse. 

18 (5) The access to and need for treatment facili19 ties focusing on the mental health care needs of female 

20 members of the Armed Forces and veterans. 

21 (6) The need for further clinical research on the 

22 unique needs of female veterans who served in a com23 bat zone. 

24 (c) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of Defense and 


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1 the Secretary of Veterans Affairs shall jointly submit to the 

2 appropriate committees of Congress a report on the review 

3 required by subsection (a). 

4 (d) POLICY REQUIRED.—Not later than 120 days after 

5 the date of the enactment of this Act, the Secretary of De6 fense and the Secretary of Veterans Affairs shall jointly de7 velop a comprehensive policy to address the treatment and 

8 care needs of female members of the Armed Forces and vet9 erans who experience mental health problems and condi10 tions, including post-traumatic stress disorder. The policy 

11 shall take into account and reflect the results of the review 

12 required by subsection (a). 

13 SEC. 225. FUNDING FOR IMPROVED DIAGNOSIS, TREAT14 MENT, AND REHABILITATION OF MEMBERS 

15 OF THE ARMED FORCES WITH TRAUMATIC 

16 BRAIN INJURY OR POST-TRAUMATIC STRESS 

17 DISORDER. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.— 

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

20 to be appropriated for fiscal year 2008 for the De21 partment of Defense for Defense Health Program in 

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

23 available for activities as follows: 

24 (A) Activities relating to the improved diag25 nosis, treatment, and rehabilitation of members 


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1 of the Armed Forces with traumatic brain injury 

2 (TBI). 

3 (B) Activities relating to the improved diag4 nosis, treatment, and rehabilitation of members 

5 of the Armed Forces with post-traumatic stress 

6 disorder (PTSD). 

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

8 authorized to be appropriated by paragraph (1), 

9 $17,000,000 shall be available for the Defense and 

10 Veterans Brain Injury Center of the Department of 

11 Defense. 

12 (b) SUPPLEMENT NOT SUPPLANT.—The amount au13 thorized to be appropriated by subsection (a) for Defense 

14 Health Program is in addition to any other amounts au15 thorized to be appropriated by this Act for Defense Health 

16 Program. 

17 SEC. 226. REPORTS. 

18 (a) REPORTS ON IMPLEMENTATION OF CERTAIN RE19 QUIREMENTS.—Not later than 90 days after the date of the 

20 enactment of this Act, the Secretary of Defense shall submit 

21 to the congressional defense committees a report describing 

22 the progress in implementing the requirements as follows: 

23 (1) The requirements of section 721 of the John 

24 Warner National Defense Authorization Act for Fiscal 

25 Year 2007 (Public Law 109–364; 120 Stat. 2294), reVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 lating to a longitudinal study on traumatic brain in2 jury incurred by members of the Armed Forces in Op3 eration Iraqi Freedom and Operation Enduring Free4 dom. 

5 (2) The requirements arising from the amend6 ments made by section 738 of the John Warner Na7 tional Defense Authorization Act for Fiscal Year 2007 

8 (120 Stat. 2303), relating to enhanced mental health 

9 screening and services for members of the Armed 

10 Forces. 

11 (3) The requirements of section 741 of the John 

12 Warner National Defense Authorization Act for Fiscal 

13 Year 2007 (120 Stat. 2304), relating to pilot projects 

14 on early diagnosis and treatment of post-traumatic 

15 stress disorder and other mental health conditions. 

16 (b) ANNUAL REPORTS ON EXPENDITURES FOR ACTIVI17 TIES ON TBI AND PTSD.— 

18 (1) REPORTS REQUIRED.—Not later than March 

19 1, 2008, and each year thereafter through 2013, the 

20 Secretary of Defense shall submit to the congressional 

21 defense committees a report setting forth the amounts 

22 expended by the Department of Defense during the 

23 preceding calendar year on activities described in 

24 paragraph (2), including the amount allocated during 


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1 such calendar year to the Defense and Veterans Brain 

2 Injury Center of the Department. 

3 (2) COVERED ACTIVITIES.—The activities de4 scribed in this paragraph are activities as follows: 

5 (A) Activities relating to the improved diag6 nosis, treatment, and rehabilitation of members 

7 of the Armed Forces with traumatic brain injury 

8 (TBI). 

9 (B) Activities relating to the improved diag10 nosis, treatment, and rehabilitation of members 

11 of the Armed Forces with post-traumatic stress 

12 disorder (PTSD). 

13 (3) ELEMENTS.—Each report under paragraph 

14 (1) shall include— 

15 (A) a description of the amounts expended 

16 as described in that paragraph, including a de17 scription of the activities for which expended; 

18 (B) a description and assessment of the out19 come of such activities; 

20 (C) a statement of priorities of the Depart21 ment in activities relating to the prevention, di22 agnosis, research, treatment, and rehabilitation 

23 of traumatic brain injury in members of the 

24 Armed Forces during the year in which such re25 port is submitted and in future calendar years; 


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1 (D) a statement of priorities of the Depart2 ment in activities relating to the prevention, di3 agnosis, research, treatment, and rehabilitation 

4 of post-traumatic stress disorder in members of 

5 the Armed Forces during the year in which such 

6 report is submitted and in future calendar years; 

7 and 

8 (E) an assessment of the progress made to9 ward achieving the priorities stated in subpara10 graphs (C) and (D) in the report under para11 graph (1) in the previous year, and a description 

12 of any actions planned during the year in which 

13 such report is submitted to achieve any 

14 unfulfilled priorities during such year. 

15 Subtitle D—Other Matters 

16 SEC. 231. JOINT ELECTRONIC HEALTH RECORD FOR THE 

17 DEPARTMENT OF DEFENSE AND DEPART18 MENT OF VETERANS AFFAIRS. 

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

20 Secretary of Veterans Affairs shall jointly— 

21 (1) develop and implement a joint electronic 

22 health record for use by the Department of Defense 

23 and the Department of Veterans Affairs; and 

24 (2) accelerate the exchange of health care infor25 mation between the Department of Defense and the 


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1 Department of Veterans Affairs in order to support 

2 the delivery of health care by both Departments. 

3 (b) DEPARTMENT OF DEFENSE-DEPARTMENT OF VET4 ERANS AFFAIRS INTERAGENCY PROGRAM OFFICE FOR A

5 JOINT ELECTRONIC HEALTH RECORD.— 

6 (1) IN GENERAL.—There is hereby established a 

7 joint element of the Department of Defense and the 

8 Department of Veterans Affairs to be known as the 

9 ‘‘Department of Defense-Department of Veterans Af10 fairs Interagency Program Office for a Joint Elec11 tronic Health Record’’ (in this section referred to as 

12 the ‘‘Office’’). 

13 (2) PURPOSES.—The purposes of the Office shall 

14 be as follows: 

15 (A) To act as a single point of account16 ability for the Department of Defense and the 

17 Department of Veterans Affairs in the rapid de18 velopment, test, and implementation of a joint 

19 electronic health record for use by the Depart20 ment of Defense and the Department of Veterans 

21 Affairs. 

22 (B) To accelerate the exchange of health 

23 care information between Department of Defense 

24 and the Department of Veterans Affairs in order 


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1 to support the delivery of health care by both De2 partments. 

3 (c) LEADERSHIP.— 

4 (1) DIRECTOR.—The Director of the Department 

5 of Defense-Department of Veterans Affairs Inter6 agency Program Office for a Joint Electronic Health 

7 Record shall be the head of the Office. 

8 (2) DEPUTY DIRECTOR.—The Deputy Director of 

9 the Department of Defense-Department of Veterans 

10 Affairs Interagency Program Office for a Joint Elec11 tronic Health Record shall be the deputy head of the 

12 office and shall assist the Director in carrying out the 

13 duties of the Director. 

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

15 appointed by the Secretary of Defense, with the con16 currence of the Secretary of Veterans Affairs, from 

17 among employees of the Department of Defense and 

18 the Department of Veterans Affairs in the Senior Ex19 ecutive Service who are qualified to direct the develop20 ment and acquisition of major information technology 

21 capabilities. 

22 (B) The Deputy Director shall be appointed by 

23 the Secretary of Veterans Affairs, with the concur24 rence of the Secretary of Defense, from among employ25 ees of the Department of Defense and the Department 


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1 of Veterans Affairs in the Senior Executive Service 

2 who are qualified to direct the development and ac3 quisition of major information technology capabili4 ties. 

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

6 direction, supervision, and control provided by the 

7 Secretary of Defense and the Secretary of Veterans Af8 fairs, the Office shall also receive guidance from the 

9 Department of Veterans Affairs-Department of De10 fense Joint Executive Committee under section 320 of 

11 title 38, United States Code, in the discharge of the 

12 functions of the Office under this section. 

13 (5) TESTIMONY.—Upon request by any of the ap14 propriate committees of Congress, the Director and 

15 the Deputy Director shall testify before such com16 mittee regarding the discharge of the functions of the 

17 Office under this section. 

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

19 develop and prepare for deployment, by not later than Sep20 tember 30, 2010, a joint electronic health record to be uti21 lized by both the Department of Defense and the Depart22 ment of Veterans Affairs in the provision of medical care 

23 and treatment to members of the Armed Forces and vet24 erans, which health record shall comply with applicable 

25 interoperability standards, implementation specifications, 


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1 and certification criteria (including for the reporting of 

2 quality measures) of the Federal Government. 

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

4 30 days after the date of the enactment of this Act, the Sec5 retary of Defense and the Secretary of Veterans Affairs shall 

6 jointly establish a schedule and benchmarks for the dis7 charge by the Office of its function under this section, in8 cluding each of the following: 

9 (1) A schedule for the establishment of the Office. 

10 (2) A schedule and deadline for the establishment 

11 of the requirements for the joint electronic health 

12 record described in subsection (d), including coordina13 tion with the Office of the National Coordinator for 

14 Health Information Technology in the development of 

15 a nationwide interoperable health information tech16 nology infrastructure. 

17 (3) A schedule and associated deadlines for any 

18 acquisition and testing required in the development 

19 and deployment of the joint electronic health record. 

20 (4) A schedule and associated deadlines and re21 quirements for the deployment of the joint electronic 

22 health record. 

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

24 fiscal years 2009 through 2013 for the discharge of its 

25 function. 


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1 (f) PILOT PROJECTS.— 

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

3 the discharge of its function under this section, the 

4 Secretary of Defense and the Secretary of Veterans Af5 fairs may, acting jointly, carry out one or more pilot 

6 projects to assess the feasability and advisability of 

7 various technological approaches to the achievement of 

8 the joint electronic health record described in sub9 section (d). 

10 (2) TREATMENT AS SINGLE HEALTH CARE SYS11 TEM.—For purposes of each pilot project carried out 

12 under this subsection, the health care system of the 

13 Department of Defense and the health care system of 

14 the Department of Veterans Affairs shall be treated as 

15 a single health care system for purposes of the regula16 tions promulgated under section 264(c) of the Health 

17 Insurance Portability and Accountability Act of 1996 

18 (42 U.S.C. 1320d–2 note). 

19 (g) STAFF AND OTHER RESOURCES.— 

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

21 the Secretary of Veterans Affairs shall assign to the 

22 Office such personnel and other resources of the De23 partment of Defense and the Department of Veterans 

24 Affairs as are required for the discharge of its func25 tion under this section. 


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1 (2) ADDITIONAL SERVICES.—Subject to the ap2 proval of the Secretary of Defense and the Secretary 

3 of Veterans Affairs, the Director may utilize the serv4 ices of private individuals and entities as consultants 

5 to the Office in the discharge of its function under 

6 this section. Amounts available to the Office shall be 

7 available for payment for such services. 

8 (h) ANNUAL REPORTS.— 

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

10 2009, and each year thereafter through 2014, the Di11 rector shall submit to the Secretary of Defense and the 

12 Secretary of Veterans Affairs, and to the appropriate 

13 committees of Congress, a report on the activities of 

14 the Office during the preceding calendar year. Each 

15 report shall include, for the year covered by such re16 port, the following: 

17 (A) A detailed description of the activities 

18 of the Office, including a detailed description of 

19 the amounts expended and the purposes for 

20 which expended. 

21 (B) An assessment of the progress made by 

22 the Department of Defense and the Department 

23 of Veterans Affairs in the development and im24 plementation of the joint electronic health record 

25 described in subsection (d). 


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1 (2) AVAILABILITY TO PUBLIC.—The Secretary of 

2 Defense and the Secretary of Veterans Affairs shall 

3 make available to the public each report submitted 

4 under paragraph (1), including by posting such re5 port on the Internet website of the Department of De6 fense and the Department of Veterans Affairs, respec7 tively, that is available to the public. 

8 (i) COMPTROLLER GENERAL ASSESSMENT OF IMPLE9 MENTATION.—Not later than six months after the date of 

10 the enactment of this Act and every six months thereafter 

11 until the completion of the implementation of the joint elec12 tronic health record described in subsection (d), the Comp13 troller General of the United States shall submit to the ap14 propriate committees of Congress a report setting forth the 

15 assessment of the Comptroller General of the progress of the 

16 Department of Defense and the Department of Veterans Af17 fairs in developing and implementing the joint electronic 

18 health record. 

19 (j) FUNDING.— 

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

21 the Secretary of Veterans Affairs shall each contribute 

22 equally to the costs of the Office in fiscal year 2008 

23 and fiscal years thereafter. The amount so contributed 

24 by each Secretary in fiscal year 2008 shall be up to 

25 $10,000,000. 


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1 (2) SOURCE OF FUNDS.—(A) Amounts contrib2 uted by the Secretary of Defense under paragraph (1) 

3 shall be derived from amounts authorized to be appro4 priated for the Department of Defense for the Defense 

5 Health Program and available for program manage6 ment and technology resources. 

7 (B) Amounts contributed by the Secretary of Vet8 erans Affairs under paragraph (1) shall be derived 

9 from amounts authorized to be appropriated for the 

10 Department of Veterans Affairs for Medical Care and 

11 available for program management and technology re12 sources. 

13 (k) JOINT ELECTRONIC HEALTH RECORD DEFINED.— 

14 In this section, the term ‘‘joint electronic health record’’ 

15 means a single system that includes patient information 

16 across the continuum of medical care, including inpatient 

17 care, outpatient care, pharmacy care, patient safety, and 

18 rehabilitative care. 

19 SEC. 232. ENHANCED PERSONNEL AUTHORITIES FOR THE 

20 DEPARTMENT OF DEFENSE FOR HEALTH 

21 CARE PROFESSIONALS FOR CARE AND TREAT22 MENT OF WOUNDED AND INJURED MEMBERS 

23 OF THE ARMED FORCES. 

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

25 States Code, is amended to read as follows: 


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1 ‘‘§ 1599c. Health care professionals: enhanced ap2 pointment and compensation authority 

3 for personnel for care and treatment of 

4 wounded and injured members of the 

5 armed forces 

6 ‘‘(a) IN GENERAL.—The Secretary of Defense may, in 

7 the discretion of the Secretary, exercise any authority for 

8 the appointment and pay of health care personnel under 

9 chapter 74 of title 38 for purposes of the recruitment, em10 ployment, and retention of civilian health care professionals 

11 for the Department of Defense if the Secretary determines 

12 that the exercise of such authority is necessary in order to 

13 provide or enhance the capacity of the Department to pro14 vide care and treatment for members of the armed forces 

15 who are wounded or injured on active duty in the armed 

16 forces and to support the ongoing patient care and medical 

17 readiness, education, and training requirements of the De18 partment of Defense. 

19 ‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secre20 taries of the military departments shall each develop and 

21 implement a strategy to disseminate among appropriate 

22 personnel of the military departments authorities and best 

23 practices for the recruitment of medical and health profes24 sionals, including the authorities under subsection (a). 

25 ‘‘(2) Each strategy under paragraph (1) shall— 


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1 ‘‘(A) assess current recruitment policies, proce2 dures, and practices of the military department con3 cerned to assure that such strategy facilitates the im4 plementation of efficiencies which reduce the time re5 quired to fill vacant positions for medical and health 

6 professionals; and 

7 ‘‘(B) clearly identify processes and actions that 

8 will be used to inform and educate military and civil9 ian personnel responsible for the recruitment of med10 ical and health professionals.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of chapter 81 of such title is amended by 

13 striking the item relating to section 1599c and inserting 

14 the following new item: 

‘‘1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.’’. 

15 (c) REPORTS ON STRATEGIES ON RECRUITMENT OF

16 MEDICAL AND HEALTH PROFESSIONALS.—Not later than 

17 six months after the date of the enactment of this Act, each 

18 Secretary of a military department shall submit to the con19 gressional defense committees a report setting forth the 

20 strategy developed by such Secretary under section 1599c(b) 

21 of title 10, United States Code, as added by subsection (a). 


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1 SEC. 233. PERSONNEL SHORTAGES IN THE MENTAL 

2 HEALTH WORKFORCE OF THE DEPARTMENT 

3 OF DEFENSE, INCLUDING PERSONNEL IN THE 

4 MENTAL HEALTH WORKFORCE. 

5 (a) RECOMMENDATIONS ON MEANS OF ADDRESSING

6 SHORTAGES.— 

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

8 date of the enactment of this Act, the Secretary of De9 fense shall submit to the Committees on Armed Serv10 ices of the Senate and the House of Representatives a 

11 report setting forth the recommendations of the Sec12 retary for such legislative or administrative actions 

13 as the Secretary considers appropriate to address 

14 shortages in health care professionals within the De15 partment of Defense, including personnel in the men16 tal health workforce. 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall address the following: 

19 (A) Enhancements or improvements of fi20 nancial incentives for health care professionals, 

21 including personnel in the mental health work22 force, of the Department of Defense in order to 

23 enhance the recruitment and retention of such 

24 personnel, including recruitment, accession, or 

25 retention bonuses and scholarship, tuition, and 

26 other financial assistance. 


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1 (B) Modifications of service obligations of 

2 health care professionals, including personnel in 

3 the mental health workforce. 

4 (C) Such other matters as the Secretary 

5 considers appropriate. 

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

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall implement programs to recruit 

9 qualified individuals in health care fields (including mental 

10 health) to serve in the Armed Forces as health care and 

11 mental health personnel of the Armed Forces. 

12 TITLE III—DISABILITY MATTERS 

13 Subtitle A—Disability Evaluations 

14 SEC. 301. UTILIZATION OF VETERANS’ PRESUMPTION OF 

15 SOUND CONDITION IN ESTABLISHING ELIGI16 BILITY OF MEMBERS OF THE ARMED FORCES 

17 FOR RETIREMENT FOR DISABILITY. 

18 (a) RETIREMENT OF REGULARS AND MEMBERS ON

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

20 section 1201(b)(3)(B) of title 10, United States Code, is 

21 amended to read as follows: 

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

23 more of active military service and the dis24 ability was not noted at the time of the 

25 member’s entrance on active duty (unless 


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1 compelling evidence or medical judgment is 

2 such to warrant a finding that the dis3 ability existed before the member’s entrance 

4 on active duty);’’. 

5 (b) SEPARATION OF REGULARS AND MEMBERS ON AC6 TIVE DUTY FOR MORE THAN 30 DAYS.—Section 

7 1203(b)(4)(B) of such title is amended by striking ‘‘and the 

8 member has at least eight years of service computed under 

9 section 1208 of this title’’ and inserting ‘‘, the member has 

10 six months or more of active military service, and the dis11 ability was not noted at the time of the member’s entrance 

12 on active duty (unless evidence or medical judgment is such 

13 to warrant a finding that the disability existed before the 

14 member’s entrance on active duty)’’. 

15 SEC. 302. REQUIREMENTS AND LIMITATIONS ON DEPART16 MENT OF DEFENSE DETERMINATIONS OF DIS17 ABILITY WITH RESPECT TO MEMBERS OF THE 

18 ARMED FORCES. 

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

20 States Code, is amended by inserting after section 1216 the 

21 following new section: 

22 ‘‘§ 1216a. Determinations of disability: requirements 

23 and limitations on determinations 

24 ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING DIS25 ABILITIES IN DETERMINATIONS OF DISABILITY.—(1) In 


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1 making a determination of disability of a member of the 

2 armed forces for purposes of this chapter, the Secretary con3 cerned— 

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

5 schedule for rating disabilities in use by the Depart6 ment of Veterans Affairs, including any applicable 

7 interpretation of the schedule by the United States 

8 Court of Appeals for Veterans Claims; and 

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

10 not deviate from the schedule or any such interpreta11 tion of the schedule. 

12 ‘‘(2) In making a determination described in para13 graph (1), the Secretary concerned may utilize in lieu of 

14 the schedule described in that paragraph such criteria as 

15 the Secretary of Defense and the Secretary of Veterans Af16 fairs may jointly prescribe for purposes of this subsection 

17 if the utilization of such criteria will result in a determina18 tion of a greater percentage of disability than would be oth19 erwise determined through the utilization of 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 this 

23 chapter, the Secretary concerned shall take into account all 

24 medical conditions, whether individually or collectively, 


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1 that render the member unfit to perform the duties of the 

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

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

4 the beginning of chapter 61 of such title is amended by in5 serting after the item relating to section 1216 the following 

6 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, United 

13 States Code, is amended by inserting after section 

14 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 shall 

18 establish within the Office of the Secretary of Defense a 

19 board of review to review the disability determinations of 

20 covered individuals by Physical Evaluation Boards. The 

21 board shall be known as the ‘Physical Disability Board of 

22 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 to 

7 unfitness for duty due to a medical condition with a 

8 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, which modified dis9 ability rating may not be a reduction of the disability 

10 rating previously assigned such individual by that 

11 Physical Evaluation Board. 

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

13 such individual. 

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

15 Secretary concerned may correct the military records of a 

16 covered individual in accordance with a recommendation 

17 made by the Board under subsection (d). Any such correc18 tion may be made effective as of the effective date of the 

19 action taken on the report of the Physical Evaluation Board 

20 to which such recommendation relates. 

21 ‘‘(2) In the case of a member previously separated pur22 suant to the findings and decision of a Physical Evaluation 

23 Board together with a lump-sum or other payment of back 

24 pay and allowances at separation, the amount of pay or 

25 other monetary benefits to which such member would be enVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 titled based on the member’s military record as corrected 

2 shall be reduced to take into account receipt of such lump3 sum or other payment in such manner as the Secretary of 

4 Defense considers appropriate. 

5 ‘‘(3) If the Board makes a recommendation not to cor6 rect the military records of a covered individual, the action 

7 taken on the report of the Physical Evaluation Board to 

8 which such recommendation relates shall be treated as final 

9 as of the date of such action. 

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

11 out in accordance with regulations prescribed by the Sec12 retary of Defense. 

13 ‘‘(2) The regulations under paragraph (1) shall specify 

14 reasonable deadlines for the performance of reviews required 

15 by this section. 

16 ‘‘(3) The regulations under paragraph (1) shall specify 

17 the effect of a determination or pending determination of 

18 a Physical Evaluation Board on considerations by boards 

19 for correction of military records under section 1552 of this 

20 title.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 79 of such title is 

23 amended by inserting after the item relating to sec24 tion 1554 the following new item: 

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

less.’’. 


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1 (b) IMPLEMENTATION.—The Secretary of Defense shall 

2 establish the board of review required by section 1554a of 

3 title 10, United States Code (as added by subsection (a)), 

4 and prescribe the regulations required by such section, not 

5 later than 90 days after the date of the enactment of this 

6 Act. 

7 SEC. 304. PILOT PROGRAMS ON REVISED AND IMPROVED 

8 DISABILITY EVALUATION SYSTEM FOR MEM9 BERS OF THE ARMED FORCES. 

10 (a) PILOT PROGRAMS.— 

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

12 shall, in consultation with the Secretary of Veterans 

13 Affairs, carry out pilot programs with respect to the 

14 disability evaluation system of the Department of De15 fense for the purpose set forth in subsection (d). 

16 (2) REQUIRED PILOT PROGRAMS.—In carrying 

17 out this section, the Secretary of Defense shall carry 

18 out the pilot programs described in paragraphs (1) 

19 through (3) of subsection (c). Each such pilot program 

20 shall be implemented not later than 90 days after the 

21 date of the enactment of this Act. 

22 (3) AUTHORIZED PILOT PROGRAMS.—In car23 rying out this section, the Secretary of Defense may 

24 carry out such other pilot programs as the Secretary 


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1 of Defense, in consultation with the Secretary of Vet2 erans Affairs, considers appropriate. 

3 (b) DISABILITY EVALUATION SYSTEM OF THE DE4 PARTMENT OF DEFENSE.—For purposes of this section, the 

5 disability evaluation system of the Department of Defense 

6 is the system of the Department for the evaluation of the 

7 disabilities of members of the Armed Forces who are being 

8 separated or retired from the Armed Forces for disability 

9 under chapter 61 of title 10, United States Code. 

10 (c) SCOPE OF PILOT PROGRAMS.— 

11 (1) DISABILITY DETERMINATIONS BY DOD UTI12 LIZING VA ASSIGNED DISABILITY RATING.—Under one 

13 of the pilot programs under subsection (a), for pur14 poses of making a determination of disability of a 

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

16 title 10, United States Code, for the retirement, sepa17 ration, or placement of the member on the temporary 

18 disability retired list under chapter 61 of such title, 

19 upon a determination by the Secretary of the mili20 tary department concerned that the member is unfit 

21 to perform the duties of the member’s office, grade, 

22 rank, or rating because of a physical disability as de23 scribed in section 1201(a) of such title— 

24 (A) the Secretary of Veterans Affairs 

25 shall— 


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1 (i) conduct an evaluation of the mem2 ber for physical disability; and 

3 (ii) assign the member a rating of dis4 ability in accordance with the schedule for 

5 rating disabilities utilized by the Secretary 

6 of Veterans Affairs based on all medical 

7 conditions (whether individually or collec8 tively) that render the member unfit for 

9 duty; and 

10 (B) the Secretary of the military depart11 ment concerned shall make the determination of 

12 disability regarding the member utilizing the 

13 rating of disability assigned under subparagraph 

14 (A)(ii). 

15 (2) DISABILITY DETERMINATIONS UTILIZING

16 JOINT DOD/VA ASSIGNED DISABILITY RATING.—Under 

17 one of the pilot programs under subsection (a), in 

18 making a determination of disability of a member of 

19 the Armed Forces under section 1201(b) of title 10, 

20 United States Code, for the retirement, separation, or 

21 placement of the member on the temporary disability 

22 retired list under chapter 61 of such title, the Sec23 retary of the military department concerned shall, 

24 upon determining that the member is unfit to perform 

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1 ing because of a physical disability as described in 

2 section 1201(a) of such title— 

3 (A) provide for the joint evaluation of the 

4 member for disability by the Secretary of the 

5 military department concerned and the Sec6 retary of Veterans Affairs, including the assign7 ment of a rating of disability for the member in 

8 accordance with the schedule for rating disabil9 ities utilized by the Secretary of Veterans Affairs 

10 based on all medical conditions (whether indi11 vidually or collectively) that render the member 

12 unfit for duty; and 

13 (B) make the determination of disability re14 garding the member utilizing the rating of dis15 ability assigned under subparagraph (A). 

16 (3) ELECTRONIC CLEARING HOUSE.—Under one 

17 of the pilot programs, the Secretary of Defense shall 

18 establish and operate a single Internet website for the 

19 disability evaluation system of the Department of De20 fense that enables participating members of the 

21 Armed Forces to fully utilize such system through the 

22 Internet, with such Internet website to include the fol23 lowing: 

24 (A) The availability of any forms required 

25 for the utilization of the disability evaluation 


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1 system by members of the Armed Forces under 

2 the system. 

3 (B) Secure mechanisms for the submission 

4 of such forms by members of the Armed Forces 

5 under the system, and for the tracking of the ac6 ceptance and review of any forms so submitted. 

7 (C) Secure mechanisms for advising mem8 bers of the Armed Forces under the system of any 

9 additional information, forms, or other items 

10 that are required for the acceptance and review 

11 of any forms so submitted. 

12 (D) The continuous availability of assist13 ance to members of the Armed Forces under the 

14 system (including assistance through the case15 workers assigned to such members of the Armed 

16 Forces) in submitting and tracking such forms, 

17 including assistance in obtaining information, 

18 forms, or other items described by subparagraph 

19 (C). 

20 (E) Secure mechanisms to request and re21 ceive personnel files or other personnel records of 

22 members of the Armed Forces under the system 

23 that are required for submission under the dis24 ability evaluation system, including the capa25 bility to track requests for such files or records 


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1 and to determine the status of such requests and 

2 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 the 

9 Secretary considers appropriate for purpose set forth 

10 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 system 

16 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 sep20 arated for disability, and who have not requested 

21 continuation on active duty, including, in par22 ticular, members who are severely wounded; 

23 (B) identify and implement or seek the 

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1 cies and requirements applicable to the disability 

2 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 members 

8 of the Armed Forces, or unwarranted ineffi9 ciencies 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 capa15 bility of the Department of Veterans Affairs to 

16 receive and determine claims from members of 

17 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 Depart21 ment of Defense study groups, to provide for the even22 tual development of revised and improved practices 

23 and procedures for the disability evaluation system in 

24 order to achieve the objectives set forth in paragraph 

25 (1). 


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1 (e) UTILIZATION OF RESULTS IN UPDATES OF COM2 PREHENSIVE POLICY ON CARE, MANAGEMENT, AND TRANSI3 TION OF COVERED SERVICEMEMBERS.—The Secretary of 

4 Defense and the Secretary of Veterans Affairs shall jointly 

5 incorporate responses to any findings and recommendations 

6 arising under the pilot programs required by subsection (a) 

7 in updating the comprehensive policy on the care and man8 agement of covered servicemembers under section 101. 

9 (f) CONSTRUCTION WITH OTHER AUTHORITIES.— 

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

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

12 (A) the rules and regulations of the Depart13 ment of Defense and the Department of Veterans 

14 Affairs relating to methods of determining fitness 

15 or unfitness for duty and disability ratings for 

16 members of the Armed Forces shall apply to the 

17 pilot program only to the extent provided in the 

18 report on the pilot program under subsection 

19 (h)(1); and 

20 (B) the Secretary of Defense and the Sec21 retary of Veterans Affairs may waive any provi22 sion of title 10, 37, or 38, United States Code, 

23 relating to methods of determining fitness or 

24 unfitness for duty and disability ratings for 

25 members of the Armed Forces if the Secretaries 


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1 determine in writing that the application of such 

2 provision would be inconsistent with the purpose 

3 of the pilot program. 

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

5 shall be construed to authorize the waiver of any pro6 vision of section 1216a of title 10, United States 

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

8 (g) DURATION.—Each pilot program under subsection 

9 (a) shall be completed not later than one year after the date 

10 of the commencement of such pilot program under that sub11 section. 

12 (h) REPORTS.— 

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

14 after the date of the enactment of this Act, the Sec15 retary of Defense shall submit to the appropriate com16 mittees of Congress a report on the pilot programs 

17 under subsection (a). The report shall include— 

18 (A) a description of the scope and objectives 

19 of each pilot program; 

20 (B) a description of the methodology to be 

21 used under such pilot program to ensure rapid 

22 identification under such pilot program of re23 vised or improved practices under the disability 

24 evaluation system of the Department of Defense 


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1 in order to achieve the objectives set forth in sub2 section (d)(1); and 

3 (C) a statement of any provision described 

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

5 the pilot program by reason of a waiver under 

6 that subsection. 

7 (2) INTERIM REPORT.—Not later than 150 days 

8 after the date of the submittal of the report required 

9 by paragraph (1), the Secretary shall submit to the 

10 appropriate committees of Congress a report describ11 ing the current status of such pilot program. 

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

13 after the completion of all the pilot programs de14 scribed in paragraphs (1) through (3) of subsection 

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

16 committees of Congress a report setting forth a final 

17 evaluation and assessment of such pilot programs. 

18 The report shall include such recommendations for 

19 legislative or administrative action as the Secretary 

20 considers appropriate in light of such pilot programs. 

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

22 TO DEFICIENCIES IN THE ARMY PHYSICAL 

23 DISABILITY EVALUATION SYSTEM. 

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

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


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1 days thereafter until March 1, 2009, the Secretary of De2 fense shall submit to the congressional defense committees 

3 a report on the implementation of corrective measures by 

4 the Department of Defense with respect to the Physical Dis5 ability Evaluation System (PDES) in response to the fol6 lowing: 

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

8 Army on that system of March 6, 2007. 

9 (2) The report of the Independent Review Group 

10 on Rehabilitation Care and Administrative Processes 

11 at Walter Reed Army Medical Center and National 

12 Naval Medical Center. 

13 (3) The report of the Department of Veterans Af14 fairs Task Force on Returning Global War on Terror 

15 Heroes. 

16 (b) ELEMENTS OF REPORT.—Each report under sub17 section (a) shall include current information on the fol18 lowing: 

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

20 of cases involving combat disabled servicemembers, 

21 pending resolution before the Medical and Physical 

22 Disability Evaluation Boards of the Army, including 

23 information on the number of members of the Army 

24 who have been in a medical hold or holdover status 

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


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1 (2) The status of the implementation of modi2 fications to disability evaluation processes of the De3 partment of Defense in response to the following: 

4 (A) The report of the Inspector General on 

5 such processes dated March 6, 2007. 

6 (B) The report of the Independent Review 

7 Group on Rehabilitation Care and Administra8 tive Processes at Walter Reed Army Medical 

9 Center and National Naval Medical Center. 

10 (C) The report of the Department of Vet11 erans Affairs Task Force on Returning Global 

12 War on Terror Heroes. 

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

14 after submitting a report under subsection (a), the Sec15 retary shall post such report on the Internet website of the 

16 Department of Defense that is available to the public. 

17 Subtitle B—Other Disability 

18 Matters 

19 SEC. 311. ENHANCEMENT OF DISABILITY SEVERANCE PAY 

20 FOR MEMBERS OF THE ARMED FORCES. 

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

22 States Code, is amended— 

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

24 service, but not more than 12, computed under section 

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1 graph (A) and inserting ‘‘the member’s years of serv2 ice computed under section 1208 of this title (subject 

3 to the minimum and maximum years of service pro4 vided for in subsection (c))’’; 

5 (2) by redesignating subsection (c) as subsection 

6 (d); and 

7 (3) by inserting after subsection (b) the following 

8 new subsection (c): 

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

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

11 ‘‘(A) Six years in the case of a member separated 

12 from the armed forces for a disability incurred in line 

13 of duty in a combat zone (as designated by the Sec14 retary of Defense for purposes of this subsection) or 

15 incurred during the performance of duty in combat16 related operations as designated by the Secretary of 

17 Defense. 

18 ‘‘(B) Three years in the case of any other mem19 ber. 

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

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

22 (b) NO DEDUCTION FROM COMPENSATION OF SEVER23 ANCE PAY FOR DISABILITIES INCURRED IN COMBAT

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

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


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

2 (2) by striking the second sentence; and 

3 (3) by adding at the end the following new para4 graphs: 

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

6 in the case of disability severance pay received by a member 

7 for a disability incurred in line of duty in a combat zone 

8 or incurred during performance of duty in combat-related 

9 operations as designated by the Secretary of Defense. 

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

11 from any death compensation to which a member’s depend12 ents become entitled after the member’s death.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

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

15 Act, and shall apply with respect to members of the Armed 

16 Forces separated from the Armed Forces under chapter 61 

17 of title 10, United States Code, on or after that date. 

18 SEC. 312. ELECTRONIC TRANSFER FROM THE DEPARTMENT 

19 OF DEFENSE TO THE DEPARTMENT OF VET20 ERANS AFFAIRS OF DOCUMENTS SUP21 PORTING ELIGIBILITY FOR BENEFITS. 

22 The Secretary of Defense and the Secretary of Veterans 

23 Affairs shall jointly develop and implement a mechanism 

24 to provide for the electronic transfer from the Department 

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1 partment of Defense documents (including Department of 

2 Defense form DD–214) necessary to establish or support the 

3 eligibility of a member of the Armed Forces for benefits 

4 under the laws administered by the Secretary of Veterans 

5 Affairs at the time of the retirement, separation, or release 

6 of the member from the Armed Forces. 

7 SEC. 313. ASSESSMENTS OF TEMPORARY DISABILITY RE8 TIRED LIST. 

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Secretary of Defense and the Comptroller 

11 General of the United States shall each submit to the con12 gressional defense committees a report assessing the con13 tinuing utility of the temporary disability retired list in 

14 satisfying the purposes for which the temporary disability 

15 retired list was established. Each report shall include such 

16 recommendations for the modification or improvement of 

17 the temporary disability retired list as the Secretary or the 

18 Comptroller General, as applicable, considers appropriate 

19 in light of the assessment in such report. 


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1 TITLE IV—IMPROVEMENT OF 

2 FACILITIES HOUSING PATIENTS 

3 SEC. 401. STANDARDS FOR MILITARY MEDICAL TREATMENT 

4 FACILITIES, SPECIALTY MEDICAL CARE FA5 CILITIES, AND MILITARY QUARTERS HOUSING 

6 PATIENTS. 

7 (a) ESTABLISHMENT OF STANDARDS.—The Secretary 

8 of Defense shall establish for the military facilities referred 

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

10 set forth in subsection (c). The standards shall, to the max11 imum extent practicable— 

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

14 (2) be uniform and consistent across the Depart15 ment 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 or leased housing for pa23 tients. 

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

25 by subsection (a) shall include the following: 


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1 (1) Generally accepted standards for the accredi2 tation of medical facilities, or for facilities used to 

3 quarter individuals that may require medical super4 vision, as applicable, in the United States. 

5 (2) To the extent not inconsistent with the stand6 ards described in paragraph (1), minimally accept7 able conditions for the following: 

8 (A) Appearance and maintenance of facili9 ties generally, including the structure and roofs 

10 of facilities. 

11 (B) Size, appearance, and maintenance of 

12 rooms housing or utilized by patients, including 

13 furniture and amenities in such rooms. 

14 (C) Operation and maintenance of primary 

15 and back-up facility utility systems and other 

16 systems required for patient care, including elec17 trical systems, plumbing systems, heating, ven18 tilation, and air conditioning systems, commu19 nications systems, fire protection systems, energy 

20 management systems, and other systems required 

21 for patient care. 

22 (D) Compliance with Federal Government 

23 standards for hospital facilities and operations. 

24 (E) Compliance of facilities, rooms, and 

25 grounds, to the maximum extent practicable, 


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1 with the Americans with Disabilities Act of 1990 

2 (42 U.S.C. 12101 et seq.). 

3 (F) Such other matters relating to the ap4 pearance, size, operation, and maintenance of fa5 cilities and rooms as the Secretary considers ap6 propriate. 

7 (d) COMPLIANCE WITH STANDARDS.— 

8 (1) DEADLINE.—In establishing standards under 

9 subsection (a), the Secretary shall specify a deadline 

10 for compliance with such standards by each facility 

11 referred to in subsection (b). The deadline shall be at 

12 the earliest date practicable after the date of the en13 actment of this Act, and shall, to the maximum extent 

14 practicable, be uniform across the facilities referred to 

15 in subsection (b). 

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

17 the Secretary shall also establish guidelines for invest18 ment to be utilized by the Department of Defense and 

19 the military departments in determining the alloca20 tion of financial resources to facilities referred to in 

21 subsection (b) in order to meet the deadline specified 

22 under paragraph (1). 

23 (e) REPORT.— 

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

25 2007, the Secretary shall submit to the congressional 


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1 defense committees a report on the actions taken to 

2 carry out this section. 

3 (2) ELEMENTS.—The report under paragraph 

4 (1) shall include the following: 

5 (A) The standards established under sub6 section (a). 

7 (B) An assessment of the appearance, condi8 tion, and maintenance of each facility referred to 

9 in subsection (a), including— 

10 (i) an assessment of the compliance of 

11 such facility with the standards established 

12 under subsection (a); and 

13 (ii) a description of any deficiency or 

14 noncompliance in each facility with the 

15 standards. 

16 (C) A description of the investment to be al17 located to address each deficiency or noncompli18 ance identified under subparagraph (B)(ii). 

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

20 TO DEFICIENCIES IDENTIFIED AT WALTER 

21 REED ARMY MEDICAL CENTER. 

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

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

24 days thereafter until March 1, 2009, the Secretary of De25 fense shall submit to the congressional defense committees 


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

2 Army to correct deficiencies identified in the condition of 

3 facilities, and in the administration of outpatients in med4 ical hold or medical holdover status, at Walter Reed Army 

5 Medical Center (WRAMC) and at other applicable Army 

6 installations at which covered members of the Armed Forces 

7 are assigned. 

8 (b) ELEMENTS OF REPORT.—Each report under sub9 section (a) shall include current information on the fol10 lowing: 

11 (1) The number of inpatients at Walter Reed 

12 Army Medical Center, and the number of outpatients 

13 on medical hold or in a medical holdover status at 

14 Walter Reed Army Medical Center, as a result of seri15 ous injuries or illnesses. 

16 (2) A description of the lodging facilities and 

17 other forms of housing at Walter Reed Army Medical 

18 Center, and at each other Army facility, to which are 

19 assigned personnel in medical hold or medical hold20 over status as a result of serious injuries or illnesses, 

21 including— 

22 (A) an assessment of the conditions of such 

23 facilities and housing; and 

24 (B) a description of any plans to correct in25 adequacies in such conditions. 


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

2 estimated cost of any proposed or ongoing actions to 

3 correct any inadequacies in conditions as described 

4 under paragraph (2). 

5 (4) The number of case managers, platoon ser6 geants, patient advocates, and physical evaluation 

7 board liaison officers stationed at Walter Reed Army 

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

9 which are assigned personnel in medical hold or med10 ical holdover status as a result of serious injuries or 

11 illnesses, and the ratio of case workers and platoon 

12 sergeants to outpatients for whom they are responsible 

13 at each such facility. 

14 (5) The number of telephone calls received during 

15 the preceding 60 days on the Wounded Soldier and 

16 Family hotline (as established on March 19, 2007), a 

17 summary of the complaints or communications re18 ceived through such calls, and a description of the ac19 tions taken in response to such calls. 

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

21 recommendations of the Army tiger team of medical 

22 and installation professionals who visited the major 

23 medical treatment facilities and community-based 

24 health care organizations of the Army pursuant to 

25 March 2007 orders, and a description of the status of 


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1 corrective actions being taken with to address defi2 ciencies noted by that team. 

3 (7) The status of the ombudsman programs at 

4 Walter Reed Army Medical Center and at other major 

5 Army installations to which are assigned personnel in 

6 medical hold or medical holdover status as a result of 

7 serious injuries or illnesses. 

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

9 after submitting a report under subsection (a), the Sec10 retary shall post such report on the Internet website of the 

11 Department of Defense that is available to the public. 

12 SEC. 403. CONSTRUCTION OF FACILITIES REQUIRED FOR 

13 THE CLOSURE OF WALTER REED ARMY MED14 ICAL CENTER, DISTRICT OF COLUMBIA. 

15 (a) ASSESSMENT OF ACCELERATION OF CONSTRUC16 TION OF FACILITIES.—The Secretary of Defense shall carry 

17 out an assessment of the feasibility (including the cost-effec18 tiveness) of accelerating the construction and completion of 

19 any new facilities required to facilitate the closure of Walter 

20 Reed Army Medical Center, District of Columbia, as re21 quired as a result of the 2005 round of defense base closure 

22 and realignment under the Defense Base Closure and Re23 alignment Act of 1990 (part A of title XXIX of Public Law 

24 101-510; U.S.C. 2687 note). 


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1 (b) DEVELOPMENT AND IMPLEMENTATION OF PLAN

2 FOR CONSTRUCTION OF FACILITIES.— 

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

4 and carry out a plan for the construction and com5 pletion of any new facilities required to facilitate the 

6 closure of Walter Reed Army Medical Center as re7 quired as described in subsection (a). If the Secretary 

8 determines as a result of the assessment under sub9 section (a) that accelerating the construction and 

10 completion of such facilities is feasible, the plan shall 

11 provide for the accelerated construction and comple12 tion of such facilities in a manner consistent with 

13 that determination. 

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

15 submit to the congressional defense committees the 

16 plan required by paragraph (1) not later than Sep17 tember 30, 2007. 

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

19 2007, the Secretary shall submit to the congressional defense 

20 committees a certification of each of the following: 

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

22 and resources have been committed, to ensure that pa23 tient care services, medical operations, and facilities 

24 are sustained at the highest possible level at Walter 

25 Reed Army Medical Center until facilities to replace 


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1 Walter Reed Army Medical Center are staffed and 

2 ready to assume at least the same level of care pre3 viously provided at Walter Reed Army Medical Cen4 ter. 

5 (2) That the closure of Walter Reed Army Med6 ical Center will not result in a net loss of capacity 

7 in the major military medical centers in the National 

8 Capitol Region in terms of total bed capacity or 

9 staffed bed capacity. 

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

11 and out-patient lodging facilities currently operating 

12 at Walter Reed Army Medical Center will be avail13 able at the facilities to replace Walter Reed Army 

14 Medical Center by the date of the closure of Walter 

15 Reed Army Medical Center. 

16 (4) That adequate funds have been provided to 

17 complete fully all facilities identified in the Base Re18 alignment and Closure Business Plan for Walter Reed 

19 Army Medical Center submitted to the congressional 

20 defense committees as part of the budget justification 

21 materials submitted to Congress together with the 

22 budget of the President for fiscal year 2008 as con23 templated in that business plan. 

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

25 shall require the Secretary or any designated representative 


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1 to waive or ignore responsibilities and actions required by 

2 the National Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.) or the regulations implementing such Act. 

4 TITLE V—OUTREACH AND RE5 LATED INFORMATION ON 

6 BENEFITS 

7 SEC. 501. HANDBOOK FOR MEMBERS OF THE ARMED 

8 FORCES ON COMPENSATION AND BENEFITS 

9 AVAILABLE FOR SERIOUS INJURIES AND ILL10 NESSES. 

11 (a) INFORMATION ON AVAILABLE COMPENSATION AND

12 BENEFITS.—The Secretary of Defense shall, in consultation 

13 with the Secretary of Veterans Affairs, the Secretary of 

14 Health and Human Services, and the Commissioner of So15 cial Security, develop and maintain in handbook and elec16 tronic form a comprehensive description of the compensa17 tion and other benefits to which a member of the Armed 

18 Forces, and the family of such member, would be entitled 

19 upon the member’s separation or retirement from the Armed 

20 Forces as a result of a serious injury or illness. The hand21 book shall set forth the range of such compensation and ben22 efits based on grade, length of service, degree of disability 

23 at separation or retirement, and such other factors affecting 

24 such compensation and benefits as the Secretary of Defense 

25 considers appropriate. 


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1 (b) UPDATE.—The Secretary of Defense shall update 

2 the comprehensive description required by subsection (a), 

3 including the handbook and electronic form of the descrip4 tion, on a periodic basis, but not less often than annually. 

5 (c) PROVISION TO MEMBERS.—The Secretary of the 

6 military department concerned shall provide the descriptive 

7 handbook under subsection (a) to each member of the Armed 

8 Forces described in that subsection as soon as practicable 

9 following the injury or illness qualifying the member for 

10 coverage under that subsection. 

11 (d) PROVISION TO REPRESENTATIVES.—If a member 

12 is incapacitated or otherwise unable to receive the descrip13 tive handbook to be provided under subsection (a), the hand14 book shall be provided to the next of kin or a legal represent15 ative of the member (as determined in accordance with reg16 ulations prescribed by the Secretary of the military depart17 ment concerned for purposes of this section). 


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1 TITLE VI—OTHER MATTERS 

2 SEC. 601. STUDY ON PHYSICAL AND MENTAL HEALTH AND 

3 OTHER READJUSTMENT NEEDS OF MEMBERS 

4 AND FORMER MEMBERS OF THE ARMED 

5 FORCES WHO DEPLOYED IN OPERATION 

6 IRAQI FREEDOM AND OPERATION ENDURING 

7 FREEDOM AND THEIR FAMILIES. 

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

9 shall, in consultation with the Secretary of Veterans Affairs, 

10 enter into an agreement with the National Academy of 

11 Sciences for a study on the physical and mental health and 

12 other readjustment needs of members and former members 

13 of the Armed Forces who deployed in Operation Iraqi Free14 dom or Operation Enduring Freedom and their families as 

15 a result of such deployment. 

16 (b) PHASES.—The study required under subsection (a) 

17 shall consist of two phases: 

18 (1) A preliminary phase, to be completed not 

19 later than 180 days after the date of the enactment 

20 of this Act— 

21 (A) to identify preliminary findings on the 

22 physical and mental health and other readjust23 ment needs described in subsection (a) and on 

24 gaps in care for the members, former members, 

25 and families described in that subsection; and 


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1 (B) to determine the parameters of the sec2 ond phase of the study under paragraph (2). 

3 (2) A second phase, to be completed not later 

4 than three years after the date of the enactment of this 

5 Act, to carry out a comprehensive assessment, in ac6 cordance with the parameters identified under the 

7 preliminary report required by paragraph (1), of the 

8 physical and mental health and other readjustment 

9 needs of members and former members of the Armed 

10 Forces who deployed in Operation Iraqi Freedom or 

11 Operation Enduring Freedom and their families as a 

12 result of such deployment, including, at a min13 imum— 

14 (A) an assessment of the psychological, so15 cial, and economic impacts of such deployment 

16 on such members and former members and their 

17 families; 

18 (B) an assessment of the particular impacts 

19 of multiple deployments in Operation Iraqi 

20 Freedom or Operation Enduring Freedom on 

21 such members and former members and their 

22 families; 

23 (C) an assessment of the full scope of the 

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1 bers and former members of the Armed Forces, 

2 including the effects of such effects on the family 

3 members of such members and former members, 

4 and an assessment of the efficacy of current 

5 treatment approaches for traumatic brain injury 

6 in the United States and the efficacy of 

7 screenings and treatment approaches for trau8 matic brain injury within the Department of 

9 Defense and the Department of Veterans Affairs; 

10 (D) an assessment of the effects of 

11 undiagnosed injuries such as post-traumatic 

12 stress disorder (PTSD) and traumatic brain in13 jury, an estimate of the long-term costs associ14 ated with such injuries, and an assessment of the 

15 efficacy of screenings and treatment approaches 

16 for post-traumatic stress disorder and other men17 tal health conditions within the Department of 

18 Defense and Department of Veterans Affairs; 

19 (E) an assessment of the particular needs 

20 and concerns of female members of the Armed 

21 Forces and female veterans; 

22 (F) an assessment of the particular needs 

23 and concerns of children of members of the 

24 Armed Forces, taking into account differing age 

25 groups, impacts on development and education, 


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1 and the mental and emotional well being of chil2 dren; 

3 (G) an assessment of the particular needs 

4 and concerns of minority members of the Armed 

5 Forces and minority veterans; 

6 (H) an assessment of the particular edu7 cational and vocational needs of such members 

8 and former members and their families, and an 

9 assessment of the efficacy of existing educational 

10 and vocational programs to address such needs; 

11 (I) an assessment of the impacts on commu12 nities with high populations of military families, 

13 including military housing communities and 

14 townships with deployed members of the Na15 tional Guard and Reserve, of deployments associ16 ated with Operation Iraqi Freedom and Oper17 ation Enduring Freedom, and an assessment of 

18 the efficacy of programs that address community 

19 outreach and education concerning military de20 ployments of community residents; 

21 (J) an assessment of the impacts of increas22 ing numbers of older and married members of 

23 the Armed Forces on readjustment requirements; 

24 (K) the development, based on such assess25 ments, of recommendations for programs, treatVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 ments, or policy remedies targeted at preventing, 

2 minimizing or addressing the impacts, gaps and 

3 needs identified; and 

4 (L) the development, based on such assess5 ments, of recommendations for additional re6 search on such needs. 

7 (c) POPULATIONS TO BE STUDIED.—The study re8 quired under subsection (a) shall consider the readjustment 

9 needs of each population of individuals as follows: 

10 (1) Members of the regular components of the 

11 Armed Forces who are returning, or have returned, to 

12 the United States from deployment in Operation 

13 Iraqi Freedom or Operation Enduring Freedom. 

14 (2) Members of the National Guard and Reserve 

15 who are returning, or have returned, to the United 

16 States from deployment in Operation Iraqi Freedom 

17 or Operation Enduring Freedom. 

18 (3) Veterans of Operation Iraqi Freedom or Op19 eration Enduring Freedom. 

20 (4) Family members of the members and vet21 erans described in paragraphs (1) through (3). 

22 (d) ACCESS TO INFORMATION.—The National Acad23 emy of Sciences shall have access to such personnel, infor24 mation, records, and systems of the Department of Defense 

25 and the Department of Veterans Affairs as the National 


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1 Academy of Sciences requires in order to carry out the 

2 study required under subsection (a). 

3 (e) PRIVACY OF INFORMATION.—The National Acad4 emy of Sciences shall maintain any personally identifiable 

5 information accessed by the Academy in carrying out the 

6 study required under subsection (a) in accordance with all 

7 applicable laws, protections, and best practices regarding 

8 the privacy of such information, and may not permit access 

9 to such information by any persons or entities not engaged 

10 in work under the study. 

11 (f) REPORTS BY NATIONAL ACADEMY OF SCIENCES.— 

12 Upon the completion of each phase of the study required 

13 under subsection (a), the National Academy of Sciences 

14 shall submit to the Secretary of Defense and the Secretary 

15 of Veterans Affairs a report on such phase of the study. 

16 (g) DOD AND VA RESPONSE TO NAS REPORTS.— 

17 (1) PRELIMINARY RESPONSE.—Not later than 45 

18 days after the receipt of a report under subsection (f) 

19 on each phase of the study required under subsection 

20 (a), the Secretary of Defense and the Secretary of Vet21 erans Affairs shall jointly develop a preliminary joint 

22 Department of Defense-Department of Veterans Af23 fairs plan to address the findings and recommenda24 tions of the National Academy of Sciences contained 

25 in such report. The preliminary plan shall provide 


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1 preliminary proposals on the matters set forth in 

2 paragraph (3). 

3 (2) FINAL RESPONSE.—Not later than 90 days 

4 after the receipt of a report under subsection (f) on 

5 each phase of the study required under subsection (a), 

6 the Secretary of Defense and the Secretary of Veterans 

7 Affairs shall jointly develop a final joint Department 

8 of Defense-Department of Veterans Affairs plan to ad9 dress the findings and recommendations of the Na10 tional Academy of Sciences contained in such report. 

11 The final plan shall provide final proposals on the 

12 matters set forth in paragraph (3). 

13 (3) COVERED MATTERS.—The matters set forth 

14 in this paragraph with respect to a phase of the study 

15 required under subsection (a) are as follows: 

16 (A) Modifications of policy or practice 

17 within the Department of Defense and the De18 partment of Veterans Affairs that are necessary 

19 to address gaps in care or services as identified 

20 by the National Academy of Sciences under such 

21 phase of the study. 

22 (B) Modifications of policy or practice 

23 within the Department of Defense and the De24 partment of Veterans Affairs that are necessary 

25 to address recommendations made by the NaVerDate Aug 31 2005 06:12 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 E:\BILLS\S1606.RS S1606

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1 tional Academy of Sciences under such phase of 

2 the study. 

3 (C) An estimate of the costs of imple4 menting the modifications set forth under sub5 paragraphs (A) and (B), set forth by fiscal year 

6 for at least the first five fiscal years beginning 

7 after the date of the plan concerned. 

8 (4) REPORTS ON RESPONSES.—The Secretary of 

9 Defense and the Secretary of Veterans Affairs shall 

10 jointly submit to Congress a report setting forth each 

11 joint plan developed under paragraphs (1) and (2). 

12 (5) PUBLIC AVAILABILITY OF RESPONSES.—The 

13 Secretary of Defense and the Secretary of Veterans Af14 fairs shall each make available to the public each re15 port submitted to Congress under paragraph (4), in16 cluding by posting an electronic copy of such report 

17 on the Internet website of the Department of Defense 

18 or the Department of Veterans Affairs, as applicable, 

19 that is available to the public. 

20 (6) GAO AUDIT.—Not later than 45 days after 

21 the submittal to Congress of the report under para22 graph (4) on the final joint Department of Defense23 Department of Veterans Affairs plan under para24 graph (2), the Comptroller General of the United 

25 States shall submit to Congress a report assessing the 


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1 contents of such report under paragraph (4). The re2 port of the Comptroller General under this paragraph 

3 shall include— 

4 (A) an assessment of the adequacy and suf5 ficiency of the final joint Department of Defense6 Department of Veterans Affairs plan in address7 ing the findings and recommendations of the Na8 tional Academy of Sciences as a result of the 

9 study required under subsection (a); 

10 (B) an assessment of the feasibility and ad11 visability of the modifications of policy and 

12 practice proposed in the final joint Department 

13 of Defense-Department of Veterans Affairs plan; 

14 (C) an assessment of the sufficiency and ac15 curacy of the cost estimates in the final joint De16 partment of Defense-Department of Veterans Af17 fairs plan; and 

18 (D) the comments, if any, of the National 

19 Academy of Sciences on the final joint Depart20 ment of Defense-Department of Veterans Affairs 

21 plan. 

22 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 hereby authorized to be appropriated to the Department of 

24 Defense such sums as may be necessary to carry out this 

25 section. 


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Calendar No. 203 

110TH CONGRESS 

1ST SESSION S. 1606 

A BILL 

To provide for the establishment of a comprehenvilian life, and for other purposes. Affairs, and transition from military service to ci- Defense to care by the Department of Veterans tion, transition from care by the Department of hance their care, rehabilitation, physical evalua- wounded warriors in order to facilitate and en- sive policy on the care and management of 

JUNE 18, 2007 

Reported with an amendment 


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