IB 

Union Calendar No. 39 

110TH CONGRESS 

1ST SESSION H. R. 1538 

[Report No. 110–68, Part I] 

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

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

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

status, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2007 

Mr. SKELTON (for himself, Mr. HUNTER, Mr. SNYDER, Mr. MCHUGH, and 

Mr. FILNER) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MARCH 23, 2007 

Reported from the Committee on Armed Services with an amendment 

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

MARCH 23, 2007 

Additional sponsors: Mrs. BOYDA of Kansas, Mr. REYES, Mr. JOHNSON of 

Georgia, Mr. UDALL of Colorado, Mr. ABERCROMBIE, Mr. SHUSTER, Mr. 

MCINTYRE, Mr. MILLER of Florida, Mrs. TAUSCHER, Mr. ROGERS of 

Alabama, Mr. SAXTON, Mrs. DAVIS of California, Mrs. JO ANN DAVIS

of Virginia, Mr. HAYES, Mr. DELAHUNT, Mr. GRAVES, Mr. BILBRAY, Ms. 

BERKLEY, Mr. SOUDER, Mr. GINGREY, Mr. WALBERG, Mr. AKIN, Mr. 

PORTER, and Ms. HARMAN

MARCH 23, 2007 

Committee on Veterans’ Affairs discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


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[For text of introduced bill, see copy of bill as introduced on March 15, 2007] 

A BILL 

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

management of medical care, personnel actions, and 

quality of life issues for members of the Armed Forces 

who are receiving medical care in an outpatient status, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WOUNDED WARRIOR ASSISTANCE 

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

Forces assigned to hospitals in an outpatient status. 

Sec. 102. Establishment of toll-free hot line for reporting deficiencies in medicalrelated support facilities and expedited response to reports of deficiencies. 

Sec. 103. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 104. Independent medical advocate for members before medical evaluation 

boards. 

Sec. 105. Training and workload for physical evaluation board liaison officers. 

Sec. 106. Standardized training program and curriculum for Department of Defense disability evaluation system. 

Sec. 107. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions of 

recovering service members. 

Sec. 108. Pilot program to establish an Army Wounded Warrior Battalion at an 

appropriate active duty base. 

Sec. 109. Criteria for removal of member from temporary disability retired list. 


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Sec. 110. Improved transition of members of the Armed Forces to Department of 

Veterans Affairs upon retirement or separation. 

Sec. 111. Establishment of Medical Support Fund for support of members of the 

Armed Forces returning to military service or civilian life. 

Sec. 112. Oversight Board for Wounded Warriors. 

TITLE II—STUDIES AND REPORTS 

Sec. 201. Annual report on military medical facilities. 

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

facilities. 

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

Veterans Affairs disability evaluation systems. 

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

members. 

Sec. 205. Report on traumatic brain injury classifications. 

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

TITLE III—GENERAL PROVISIONS 

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

Defense functions at military medical facilities. 

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

Sec. 303. Increase in physicians at hospitals of the Department of Veterans Affairs. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

4 The term ‘‘congressional defense committees’’ has the 

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

6 10, United States Code. 

7 (2) DISABILITY EVALUATION SYSTEM.—The term 

8 ‘‘disability evaluation system’’ means the Department 

9 of Defense system or process for evaluating the nature 

10 of and extent of disabilities affecting members of the 

11 armed forces (other than the Coast Guard) and com12 prised of medical evaluation boards, physical evalua13 tion boards, counseling of members, and final disposi14 tion by appropriate personnel authorities, as operated 


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1 by the Secretaries of the military departments, and, 

2 in the case of the Coast Guard, a similar system or 

3 process operated by the Secretary of Homeland Secu4 rity. 

5 (3) FAMILY MEMBER.—The term ‘‘family mem6 ber’’, with respect to a recovering service member, has 

7 the meaning given that term in section 411h(b) of 

8 title 37, United States Code. 

9 (4) RECOVERING SERVICE MEMBER.—The term 

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

11 Armed Forces, including a member of the National 

12 Guard or a Reserve, who is undergoing medical treat13 ment, recuperation, or therapy, or is otherwise in 

14 medical hold or holdover status, for an injury, illness, 

15 or disease incurred or aggravated while on active 

16 duty in the Armed Forces. 

17 TITLE I—WOUNDED WARRIOR 

18 ASSISTANCE 

19 SEC. 101. IMPROVEMENTS TO MEDICAL AND DENTAL CARE 

20 FOR MEMBERS OF THE ARMED FORCES AS21 SIGNED TO HOSPITALS IN AN OUTPATIENT 

22 STATUS. 

23 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS24 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.— 


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

2 States Code, is amended by inserting after section 

3 1074k the following new section: 

4 ‘‘§ 1074l. Management of medical and dental care: 

5 members assigned to receive care in an 

6 outpatient status 

7 ‘‘(a) MEDICAL CARE CASE MANAGERS.—(1) A member 

8 in an outpatient status at a military medical treatment 

9 facility shall be assigned a medical care case manager. 

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

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

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

13 of making judgments about personal medical care): 

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

15 medical status. 

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

17 care. 

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

19 of the member’s medical status. 

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

21 subparagraph (A)(iii) shall be conducted in person with the 

22 member. If such a review is not practicable, the medical 

23 care case manager shall provide a written statement to the 

24 case manager’s supervisor indicating why an in-person 

25 medical status review was not possible. 


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

2 medical care case manager shall be assigned to manage not 

3 more than 17 members in an outpatient status. 

4 ‘‘(B) The Secretary concerned may waive for up to 120 

5 days the requirement of subparagraph (A) if required due 

6 to unforeseen circumstances. 

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

8 facility shall be headed by a commissioned officer of appro9 priate rank and appropriate military occupation specialty, 

10 designator, or specialty code. 

11 ‘‘(B) For purposes of subparagraph (A), an appro12 priate military occupation specialty, designator, or spe13 cialty code includes membership in the Army Medical 

14 Corps, Army Medical Service Corps, Army Nurse Corps, 

15 Navy Medical Corps, Navy Medical Service Corps, Navy 

16 Nurse Corps, or Air Force Medical Service. 

17 ‘‘(5) The Secretary of Defense shall establish a stand18 ard training program and curriculum for medical care case 

19 managers. Successful completion of the training program 

20 is required before a person may assume the duties of a med21 ical care case manager. 

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

23 an outpatient status shall be assigned a service member ad24 vocate. 


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

2 include— 

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

4 the member’s family or other individuals designated 

5 by the member; 

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

7 welfare and quality of life; and 

8 ‘‘(C) assisting the member in resolving problems 

9 involving financial, administrative, personnel, transi10 tional, and other matters. 

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

12 service member advocate shall be assigned to not more than 

13 30 members in an outpatient status. 

14 ‘‘(B) The Secretary concerned may waive for up to 120 

15 days the requirement of subparagraph (A) if required due 

16 to unforeseen circumstances. 

17 ‘‘(4) The service member advocate office at each facility 

18 shall be headed by a commissioned officer of appropriate 

19 rank and appropriate military occupation specialty, desig20 nator, or specialty code in order to handle service-specific 

21 personnel and financial issues. 

22 ‘‘(5) The Secretary of Defense shall establish a stand23 ard training program and curriculum for service member 

24 advocates. Successful completion of the training program 


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1 is required before a person may assume the duties of a serv2 ice member advocate. 

3 ‘‘(6) A service member advocate shall continue to per4 form the duties described in paragraph (2) with respect to 

5 a member until the member is returned to duty or separated 

6 or retired from the armed forces. 

7 ‘‘(c) SEMIANNUAL SURVEYS BY SECRETARIES CON8 CERNED.—The Secretary concerned shall conduct a semi9 annual survey of members in an outpatient status at instal10 lations under the Secretary’s supervision. The survey shall 

11 include, at a minimum, the members’ assessment of the 

12 quality of medical care at the facility, the timeliness of med13 ical care at the facility, the adequacy of living facilities 

14 and other quality of life programs, the adequacy of case 

15 management support, and the fairness and timeliness of the 

16 physical disability evaluation system. The survey shall be 

17 conducted in coordination with installation medical com18 manders and authorities, and shall be coordinated with 

19 such commanders and authorities before submission to the 

20 Secretary. 

21 ‘‘(d) DEFINITIONS.—In this section: 

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

23 means a member of the armed forces assigned to a 

24 military medical treatment facility as an outpatient 

25 or to a unit established for the purpose of providing 


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1 command and control of members receiving medical 

2 care as outpatients. 

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

4 means the Department of Defense system or process 

5 for evaluating the nature of and extent of disabilities 

6 affecting members of the armed forces (other than the 

7 Coast Guard) and comprised of medical evaluation 

8 boards, physical evaluation boards, counseling of 

9 members, and final disposition by appropriate per10 sonnel authorities, as operated by the Secretaries of 

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

12 Coast Guard, a similar system or process operated by 

13 the Secretary of Homeland Security.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 adding at the end the following new item: 

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

in an outpatient status.’’. 

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

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

19 effect 180 days after the date of the enactment of this Act. 


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1 SEC. 102. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR 

2 REPORTING DEFICIENCIES IN MEDICAL-RE3 LATED SUPPORT FACILITIES AND EXPEDITED 

4 RESPONSE TO REPORTS OF DEFICIENCIES. 

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

6 States Code, is amended by adding at the end the following 

7 new section: 

8 ‘‘§ 1567. Identification and investigation of defi9 ciencies in adequacy, quality, and state of 

10 repair of medical-related support facili11 ties 

12 ‘‘(a) TOLL-FREE HOT LINE.—The Secretary of De13 fense shall establish and maintain a toll-free telephone num14 ber (commonly referred to as a ‘hot line’) at which personnel 

15 are accessible at all times to collect, maintain, and update 

16 information regarding possible deficiencies in the adequacy, 

17 quality, and state of repair of medical-related support fa18 cilities. The Secretary shall widely disseminate information 

19 regarding the existence and availability of the toll-free tele20 phone number to members of the armed forces and their 

21 dependents. 

22 ‘‘(b) INVESTIGATION AND RESPONSE PLAN.—Not later 

23 than 96 hours after a report of deficiencies in the adequacy, 

24 quality, or state of repair of a medical-related support facil25 ity is received by way of the toll-free telephone number or 

26 other source, the Secretary of Defense shall ensure that— 


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

2 investigated; and 

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

6 ‘‘(c) RELOCATION.—If the Secretary of Defense deter7 mines, on the basis of the investigation conducted in re8 sponse to a report of deficiencies at a medical-related sup9 port facility, that conditions at the facility violate health 

10 and safety standards, the Secretary shall relocate the occu11 pants of the facility while the violations are corrected. 

12 ‘‘(d) MEDICAL-RELATED SUPPORT FACILITY DE13 FINED.—In this section, the term ‘medical-related support 

14 facility’ means any facility of the Department of Defense 

15 that provides support to any of the following: 

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

17 treatment to a military medical treatment facility. 

18 ‘‘(2) Members of the armed forces assigned to a 

19 military medical treatment facility as an outpatient. 

20 ‘‘(3) Family members accompanying any mem21 ber described in paragraph (1) or (2) as a nonmed22 ical attendant.’’. 

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

24 the beginning of such chapter is amended by adding at the 

25 end the following new item: 


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‘‘1567. Identification and investigation of deficiencies in adequacy, quality, and 

state of repair of medical-related support facilities.’’. 

1 (c) EFFECTIVE DATE.—The toll-free telephone number 

2 required to be established by section 1567 of title 10, United 

3 States Code, as added by subsection (a), shall be fully oper4 ational not later than 180 days after the date of the enact5 ment of this Act. 

6 SEC. 103. NOTIFICATION TO CONGRESS OF HOSPITALIZA7 TION OF COMBAT WOUNDED SERVICE MEM8 BERS. 

9 (a) NOTIFICATION REQUIRED.—Chapter 55 of title 10, 

10 United States Code, is further amended by inserting after 

11 section 1074l the following new section: 

12 ‘‘§ 1074m. Notification to Congress of hospitalization 

13 of combat wounded members 

14 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con15 cerned shall provide notification of the hospitalization of 

16 any member of the armed forces evacuated from a theater 

17 of combat to the appropriate Members of Congress. 

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

19 term ‘appropriate Members of Congress’, with respect to the 

20 member of the armed forces about whom notification is 

21 being made, means the Senators and the Members of the 

22 House of Representatives representing the States or dis23 tricts, respectively, that include the member’s home of record 


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1 and, if different, the residence of the next of kin, or a dif2 ferent location as provided by the member. 

3 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifica4 tion under subsection (a) may be provided only with the 

5 consent of the member of the armed forces about whom noti6 fication is to be made. In the case of a member who is un7 able to provide consent, information and consent may be 

8 provided by next of kin.’’. 

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

10 the beginning of such chapter is amended by adding at the 

11 end the following new item: 

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

12 SEC. 104. INDEPENDENT MEDICAL ADVOCATE FOR MEM13 BERS BEFORE MEDICAL EVALUATION 

14 BOARDS. 

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

17 amended by adding at the end the following new subsection: 

18 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM19 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

20 Secretary of each military department shall ensure, in the 

21 case of any member of the armed forces being considered 

22 by a medical evaluation board under that Secretary’s super23 vision, that the member has access to a physician or other 

24 appropriate health care professional who is independent of 

25 the medical evaluation board. 


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

2 assigned to a member shall— 

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

4 of the member; and 

5 ‘‘(B) provide the member with advice and coun6 sel regarding the medical condition of the member 

7 and the findings and recommendations of the medical 

8 evaluation board.’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such sec11 tion is amended to read as follows: 

12 ‘‘§ 1222. Physical evaluation boards and medical eval13 uation boards’’. 

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

15 at the beginning of chapter 61 of such title is amend16 ed by striking the item relating to section 1222 and 

17 inserting the following new item: 

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

18 (c) EFFECTIVE DATE.—Subsection (d) of section 1222 

19 of title 10, United States Code, as added by subsection (a), 

20 shall apply with respect to medical evaluation boards con21 vened after the end of the 180-day period beginning on the 

22 date of the enactment of this Act. 


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1 SEC. 105. TRAINING AND WORKLOAD FOR PHYSICAL EVAL2 UATION BOARD LIAISON OFFICERS. 

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

4 United States Code, is amended— 

5 (1) in paragraph (1)— 

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

7 that follows through ‘‘a requirement’’ and insert8 ing ‘‘establishing a requirement’’; and 

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

10 all that follows through the end of subparagraph 

11 (B) and inserting ‘‘that Secretary. A physical 

12 evaluation board liaison officer may not be as13 signed more than 20 members at any one time, 

14 except that the Secretary concerned may author15 ize the assignment of additional members, for not 

16 more than 120 days, if required due to unfore17 seen circumstances.’’; 

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

19 the following new sentences: ‘‘The Secretary of Defense 

20 shall establish a standardized training program and 

21 curriculum for physical evaluation board liaison offi22 cers. Successful completion of the training program is 

23 required before a person may assume the duties of a 

24 physical evaluation board liaison officer.’’; and 

25 (3) by adding at the end the following new para26 graph: 


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

2 board liaison officer’ includes any person designated as, or 

3 assigned the duties of, an assistant to a physical evaluation 

4 board liaison officer.’’. 

5 (b) EFFECTIVE DATE.—The limitation on the max6 imum number of members of the Armed Forces who may 

7 be assigned to a physical evaluation board liaison officer 

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

9 of this Act. The training program and curriculum for phys10 ical evaluation board liaison officers shall be implemented 

11 not later than 180 days after the date of the enactment of 

12 this Act. 

13 SEC. 106. STANDARDIZED TRAINING PROGRAM AND CUR14 RICULUM FOR DEPARTMENT OF DEFENSE 

15 DISABILITY EVALUATION SYSTEM. 

16 (a) TRAINING PROGRAM REQUIRED.—Section 1216 of 

17 title 10, United States Code, is amended by adding at the 

18 end the following new subsection: 

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

20 standardized training program and curriculum for persons 

21 described in paragraph (2) who are involved in the dis22 ability evaluation system. The training under the program 

23 shall be provided as soon as practicable in coordination 

24 with other training associated with the responsibilities of 

25 the person. 


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

2 ‘‘(A) Commanders. 

3 ‘‘(B) Enlisted members who perform supervisory 

4 functions. 

5 ‘‘(C) Health care professionals. 

6 ‘‘(D) Others persons with administrative, profes7 sional, or technical responsibilities in the disability 

8 evaluation system. 

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

10 system’ means the Department of Defense system or process 

11 for evaluating the nature of and extent of disabilities affect12 ing members of the armed forces (other than the Coast 

13 Guard) and comprised of medical evaluation boards, phys14 ical evaluation boards, counseling of members, and final 

15 disposition by appropriate personnel authorities, as oper16 ated by the Secretaries of the military departments, and, 

17 in the case of the Coast Guard, a similar system or process 

18 operated by the Secretary of Homeland Security.’’. 

19 (b) EFFECTIVE DATE.—The standardized training 

20 program and curriculum required by subsection (e) of sec21 tion 1216 of title 10, United States Code, as added by sub22 section (a), shall be established not later than 180 days after 

23 the date of the enactment of this Act. 


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1 SEC. 107. IMPROVED TRAINING FOR HEALTH CARE PROFES2 SIONALS, MEDICAL CARE CASE MANAGERS, 

3 AND SERVICE MEMBER ADVOCATES ON PAR4 TICULAR CONDITIONS OF RECOVERING SERV5 ICE MEMBERS. 

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

7 the date of the enactment of this Act, the Secretary of De8 fense shall submit to the appropriate congressional commit9 tees a report setting forth recommendations for the modi10 fication of the training provided to health care profes11 sionals, medical care case managers, and service member 

12 advocates who provide care for or assistance to recovering 

13 service members. The recommendations shall include, at a 

14 minimum, specific recommendations to ensure that such 

15 health care professionals, medical care case managers, and 

16 service member advocates are able to detect early warning 

17 signs of post-traumatic stress disorder (PTSD), suicidal 

18 tendencies, and other mental health conditions among re19 covering service members, and make prompt notification to 

20 the appropriate health care professionals. 

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

22 180 days after the date of the enactment of this Act and 

23 annually thereafter throughout the global war on terror, the 

24 Secretary shall submit to the appropriate congressional 

25 committees a report on the following: 


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1 (1) The progress made in providing the training 

2 recommended under subsection (a). 

3 (2) The quality of training provided to health 

4 care professionals, medical care case managers, and 

5 service member advocates, and the number of such 

6 professionals, managers, and advocates trained. 

7 (c) TRACKING SYSTEM.—The Secretary shall develop 

8 a system to track the number of notifications made by med9 ical care case managers and service member advocates to 

10 health care professionals regarding early warning signs of 

11 post-traumatic stress disorder and suicide in recovering 

12 service members assigned to the managers and advocates. 

13 SEC. 108. PILOT PROGRAM TO ESTABLISH AN ARMY WOUND14 ED WARRIOR BATTALION AT AN APPRO15 PRIATE ACTIVE DUTY BASE. 

16 (a) PILOT PROGRAM REQUIRED.— 

17 (1) ESTABLISHMENT.—The Secretary of the 

18 Army shall establish a pilot program, at an appro19 priate active duty base with a major medical facility, 

20 based on the Wounded Warrior Regiment program of 

21 the Marine Corps. The pilot program shall be known 

22 as the Army Wounded Warrior Battalion. 

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

24 Battalion shall track and assist members of the 


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1 Armed Forces in an outpatient status who are still in 

2 need of medical treatment through— 

3 (A) the course of their treatment; 

4 (B) medical and physical evaluation 

5 boards; 

6 (C) transition back to their parent units; 

7 and 

8 (D) medical retirement and subsequent 

9 transition into the Department of Veterans Af10 fairs medical system. 

11 (3) ORGANIZATION.—The commanding officer of 

12 the Battalion shall be selected by the Army Chief of 

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

14 select, with combat experience in Operation Iraqi 

15 Freedom or Operation Enduring Freedom. The chain16 of-command shall be filled by previously wounded 

17 junior officers and non-commissioned officers when 

18 available and appropriate. 

19 (4) FACILITIES.—The base selected for the pilot 

20 program shall provide adequate physical infrastruc21 ture to house the Army Wounded Warrior Battalion. 

22 Any funds necessary for construction or renovation of 

23 existing facilities shall be allocated from the Depart24 ment of Defense Medical Support Fund established 

25 under this Act. 


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1 (5) COORDINATION.—The Secretary of the Army 

2 shall consult with appropriate Marine Corps counter3 parts to ensure coordination of best practices and les4 sons learned. 

5 (6) PERIOD OF PILOT PROGRAM.—The pilot pro6 gram shall be in effect for a period of one year. 

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

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

9 project, the Secretary of the Army shall submit to Congress 

10 a report containing— 

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

12 project; 

13 (2) an assessment of the Army’s ability to estab14 lish Wounded Warrior Battalions at other major 

15 Army bases. 

16 (3) recommendations regarding— 

17 (A) the adaptability of the Wounded War18 rior Battalion concept for the Army’s larger 

19 wounded population; and 

20 (B) closer coordination and sharing of re21 sources with counterpart programs of the Marine 

22 Corps. 

23 (c) EFFECTIVE DATE.—The pilot program required by 

24 this section shall be implemented not later than 180 days 

25 after the date of the enactment of this Act. 


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1 SEC. 109. CRITERIA FOR REMOVAL OF MEMBER FROM TEM2 PORARY DISABILITY RETIRED LIST. 

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

4 States Code, is amended by inserting ‘‘of a permanent na5 ture and stable and is’’ after ‘‘physical disability is’’. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall apply to any case received for consider8 ation by a physical evaluation board after the date of the 

9 enactment of this Act. 

10 SEC. 110. IMPROVED TRANSITION OF MEMBERS OF THE 

11 ARMED FORCES TO DEPARTMENT OF VET12 ERANS AFFAIRS UPON RETIREMENT OR SEPA13 RATION. 

14 (a) TRANSITION OF MEMBERS SEPARATED OR RE15 TIRED.— 

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

17 10, United States Code, is amended by inserting after 

18 section 1142 the following new section: 

19 ‘‘§ 1142a. Process for transition of members to health 

20 care and physical disability systems of De21 partment of Veterans Affairs 

22 ‘‘(a) TRANSITION PLAN.—(1) The Secretary of Defense 

23 shall ensure that each member of the armed forces who is 

24 being separated or retired under chapter 61 of this title re25 ceives a written transition plan that— 


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1 ‘‘(A) specifies the recommended schedule and 

2 milestones for the transition of the member from mili3 tary service; and 

4 ‘‘(B) provides for a coordinated transition of the 

5 member from the Department of Defense disability 

6 system to the Department of Veterans Affairs. 

7 ‘‘(2) A member being separated or retired under chap8 ter 61 of this title shall receive the transition plan before 

9 the separation or retirement date of the member. 

10 ‘‘(3) The transition plan for a member under this sub11 section shall include information and guidance designed to 

12 assist the member in understanding and meeting the sched13 ule and milestones for the member’s transition. 

14 ‘‘(b) FORMAL TRANSITION PROCESS.—(1) The Sec15 retary of Defense, in cooperation with the Secretary of Vet16 erans Affairs, shall establish a formal process for the trans17 mittal to the Secretary of Veterans Affairs of the records 

18 and other information described in paragraph (2) as part 

19 of the separation or retirement of a member of the armed 

20 forces under chapter 61 of this title. 

21 ‘‘(2) The records and other information to be trans22 mitted under paragraph (1) with respect to a member shall 

23 include, at a minimum, the following: 

24 ‘‘(A) The member’s address and contact informa25 tion. 


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

2 which shall be transmitted electronically. 

3 ‘‘(C) A copy of the member’s service record, in4 cluding medical records and any results of a Physical 

5 Evaluation Board. 

6 ‘‘(D) Whether the member is entitled to transi7 tional health care, a conversion health policy, or other 

8 health benefits through the Department of Defense 

9 under section 1145 of this title. 

10 ‘‘(E) Any requests by the member for assistance 

11 in enrolling in, or completed applications for enroll12 ment in, the health care system of the Department of 

13 Veterans Affairs for health care benefits for which the 

14 member may be eligible under laws administered by 

15 the Secretary of Veterans Affairs. 

16 ‘‘(F) Any requests by the member for assistance 

17 in applying for, or completed applications for, com18 pensation and vocational rehabilitation benefits to 

19 which the member may be entitled under laws admin20 istered by the Secretary of Veterans Affairs, if the 

21 member is being medically separated or is being re22 tired under chapter 61 of this title. 

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

24 (1) may be subject to the consent of the member, as required 

25 by statute. 


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1 ‘‘(4) With the consent of the member, the member’s ad2 dress and contact information shall also be submitted to the 

3 department or agency for veterans affairs of the State in 

4 which the member intends to reside after the separation or 

5 retirement of the member. 

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

7 subsection (b) for the transmittal of records and other infor8 mation with respect to a member shall include a meeting 

9 between representatives of the Secretary concerned and the 

10 Secretary of Veterans Affairs, which shall take place at a 

11 location designated by the Secretaries. The member shall be 

12 informed of the meeting at least 30 days in advance of the 

13 meeting, except that the member may waive the notice re14 quirement in order to accelerate transmission of the mem15 ber’s records and other information to the Department of 

16 Veterans Affairs. 

17 ‘‘(2) A member shall be given an opportunity to submit 

18 a written statement for consideration by the Secretary of 

19 Veterans Affairs. 

20 ‘‘(d) TIME FOR TRANSMITTAL OF RECORDS.—The Sec21 retary concerned shall provide for the transmittal to the De22 partment of Veterans Affairs of records and other informa23 tion with respect to a member at the earliest practicable 

24 date. In no case should the transmittal occur later than the 

25 date of the separation or retirement of the member. 


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

2 forces’ means the Army, Navy, Air Force, and Marine 

3 Corps.’’. 

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

5 at the beginning of such chapter is amended by in6 serting after the item relating to section 1142 the fol7 lowing new item: 

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

systems of Department of Veterans Affairs.’’. 

8 (b) UNIFORM SEPARATION AND EVALUATION PHYS9 ICAL.—Section 1145 of such title is amended— 

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

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

12 (2) by inserting after subsection (c) the following 

13 new subsection: 

14 ‘‘(d) UNIFORM SEPARATION AND EVALUATION PHYS15 ICAL.—The joint separation and evaluation physical, as de16 scribed in DD–2808 and DD–2697, shall be used by the 

17 Secretary of Defense in connection with the medical separa18 tion or retirement of all members of the armed forces, in19 cluding members separated or retired under chapter 61 of 

20 this title. The Secretary of Veterans Affairs shall adopt the 

21 same separation and evaluation physical for use by the De22 partment of Veterans Affairs.’’. 

23 (c) INTEROPERABILITY OF MEDICAL INFORMATION

24 SYSTEMS AND BI-DIRECTIONAL ACCESS.—The Secretary of 


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1 Defense and the Secretary of Veterans Affairs shall establish 

2 and implement a single medical information system for the 

3 Department of Defense and the Department of Veterans Af4 fairs for the purpose of ensuring the complete interoper5 ability and bi-directional, real-time exchange of critical 

6 medical information. 

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

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

9 the Secretary of Veterans Affairs shall jointly deter10 mine the optimal locations for the deployment of De11 partment of Veterans Affairs benefits team to support 

12 recovering service members assigned to military med13 ical treatment facilities, medical-related support fa14 cilities, and community-based health care organiza15 tions. 

16 (2) MILITARY MEDICAL TREATMENT FACILITY

17 DEFINED.—In this subsection, the term ‘‘medical-re18 lated support facility’’ has the meaning given that 

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

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

21 Act. 

22 (e) REPEAL OF SUPERSEDED CHAPTER 61 MEDICAL

23 RECORD TRANSMITTAL REQUIREMENT.— 

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

25 amended by striking subsection (c). 


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1 (2) SECTION HEADING.—The heading of such sec2 tion is amended to read as follows: 

3 ‘‘§ 1142. Preseparation counseling’’. 

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

5 at the beginning of chapter 58 of such title is amend6 ed by striking the item relating to section 1142 and 

7 inserting the following new item: 

‘‘1142. Preseparation counseling.’’. 

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

9 United States Code, as added by subsection (a), and sub10 section (d) of section 1145 of such title, as added by sub11 section (b), shall apply with respect to members of the 

12 Armed Forces who are separated or retired from the Armed 

13 Forces on or after the first day of the eighth month begin14 ning after the date of the enactment of this Act. The require15 ments of subsections (c) and (d), and the amendments made 

16 by subsection (e), shall take effect on the first day of such 

17 eighth month. 

18 SEC. 111. ESTABLISHMENT OF MEDICAL SUPPORT FUND 

19 FOR SUPPORT OF MEMBERS OF THE ARMED 

20 FORCES RETURNING TO MILITARY SERVICE 

21 OR CIVILIAN LIFE. 

22 (a) ESTABLISHMENT AND PURPOSE.—There is estab23 lished on the books of the Treasury a fund to be known as 

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1 after in this section referred to as the ‘‘Fund’’), which shall 

2 be administered by the Secretary of the Treasury. 

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

4 (1) to support programs and activities relating 

5 to the medical treatment, care, rehabilitation, recov6 ery, and support of wounded and injured members of 

7 the Armed Forces and their return to military service 

8 or transition to civilian society; and 

9 (2) to support programs and facilities intended 

10 to support the families of wounded and injured mem11 bers of the Armed Forces. 

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

13 the Fund any amount appropriated to the Fund, which 

14 shall constitute the assets of the Fund. 

15 (d) TRANSFER OF FUNDS.— 

16 (1) AUTHORITY TO TRANSFER.—The Secretary of 

17 Defense may transfer amounts in the Fund to appro18 priations accounts for military personnel; operation 

19 and maintenance; procurement; research, develop20 ment, test, and evaluation; military construction; and 

21 the Defense Health Program. Amounts so transferred 

22 shall be merged with and available for the same pur23 poses and for the same time period as the appropria24 tion account to which transferred. 


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1 (2) ADDITION TO OTHER AUTHORITY.—The 

2 transfer authority provided in paragraph (1) is in 

3 addition to any other transfer authority available to 

4 the Department of Defense. Upon a determination 

5 that all or part of the amounts transferred from the 

6 Fund are not necessary for the purposes for which 

7 transferred, such amounts may be transferred back to 

8 the Fund. 

9 (3) NOTIFICATION.—The Secretary of Defense 

10 shall, not fewer than five days before making a trans11 fer from the Fund, notify the congressional defense 

12 committees in writing of the details of the transfer. 

13 (e) AUTHORIZATION.—There is hereby authorized to be 

14 appropriated to the Medical Support Fund, from an emer15 gency supplemental appropriation for fiscal year 2007 or 

16 2008, $50,000,000, to remain available through September 

17 30, 2008. 

18 SEC. 112. OVERSIGHT BOARD FOR WOUNDED WARRIORS. 

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

20 board to be known as the Oversight Board for Wounded 

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

22 Board’’). 

23 (b) COMPOSITION.—The Oversight Board shall be com24 posed of 12 members, of whom— 


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1 (1) two shall be appointed by the majority leader 

2 of the Senate; 

3 (2) two shall be appointed by the minority leader 

4 of the Senate; 

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

6 House of Representatives; 

7 (4) two shall be appointed by the minority leader 

8 of the House of Representatives; 

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

10 Veterans Affairs; and 

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

12 Defense. 

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

14 Board shall have sufficient knowledge of, or experience with, 

15 the military healthcare system, the disability evaluation 

16 system, or the experience of a recovering service member or 

17 family member of a recovering service member. 

18 (d) APPOINTMENT.— 

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

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

21 A member may be reappointed for one or more addi22 tional terms. 

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

24 Board shall be filled in the same manner in which the 

25 original appointment was made. 


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1 (e) DUTIES.— 

2 (1) ADVICE AND CONSULTATION.—The Oversight 

3 Board shall provide advice and consultation to the 

4 Secretary of Defense and the Committees on Armed 

5 Services of the Senate and the House of Representa6 tives regarding— 

7 (A) the process for streamlining the dis8 ability evaluation systems of the military de9 partments; 

10 (B) the process for correcting and improv11 ing the ratios of case managers and service mem12 ber advocates to recovering service members; 

13 (C) the need to revise Department of De14 fense policies to improve the experience of recov15 ering service members while under Department 

16 of Defense care; 

17 (D) the need to revise Department of De18 fense policies to improve counseling, outreach, 

19 and general services provided to family members 

20 of recovering service members; 

21 (E) the need to revise Department of De22 fense policies regarding the provision of quality 

23 lodging to recovering service members; and 

24 (F) such other matters relating to the eval25 uation and care of recovering service members, 


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1 including evaluation under disability evaluation 

2 systems, as the Board considers appropriate. 

3 (2) VISITS TO MILITARY MEDICAL TREATMENT

4 FACILITIES.—In carrying out its duties, each member 

5 of the Oversight Board shall visit not less than three 

6 military medical treatment facilities each year, and 

7 the Board shall conduct each year one meeting of all 

8 the members of the Board at a military medical treat9 ment facility. 

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

11 services of at least two officials or employees of the Depart12 ment of Defense to provide support and assistance to mem13 bers of the Oversight Board. 

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

15 Board shall be allowed travel expenses, including per diem 

16 in lieu of subsistence, at rates authorized for employees of 

17 agencies under subchapter I of chapter 57 of title 5, United 

18 States Code, while away from their homes or regular places 

19 of business in the performance of service for the Oversight 

20 Board. 

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

22 submit to the Secretary of Defense and the Committees on 

23 Armed Services of the Senate and the House of Representa24 tives each year a report on its activities during the preVerDate Aug 31 2005 23:59 Mar 23, 2007 Jkt 059196 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H1538.RH H1538

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1 ceding year, including any findings and recommendations 

2 of the Oversight Board as a result of such activities. 

3 TITLE II—STUDIES AND 

4 REPORTS 

5 SEC. 201. ANNUAL REPORT ON MILITARY MEDICAL FACILI6 TIES. 

7 (a) IN GENERAL.— 

8 (1) REPORT REQUIREMENT.—Chapter 23 of title 

9 10, United States Code, is amended by adding at the 

10 end the following new section: 

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

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

13 which the President submits the budget for a fiscal year 

14 to Congress pursuant to section 1105 of title 31, the Sec15 retary of Defense shall submit to the Committees on Armed 

16 Services of the Senate and the House of Representatives a 

17 report on the adequacy, suitability, and quality of medical 

18 facilities and medical-related support facilities at each 

19 military installation within the Department of Defense. 

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

21 Secretary of Defense shall include in each report informa22 tion regarding— 

23 ‘‘(1) any deficiencies in the adequacy, quality, or 

24 state of repair of medical-related support facilities 

25 raised as a result of information received during the 


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1 period covered by the report through the toll-free hot 

2 line maintained pursuant to section 1567 of this title; 

3 and 

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

5 action prepared under such section to respond to such 

6 deficiencies. 

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

8 section, the term ‘medical-related support facility’ is any 

9 facility of the Department of Defense that provides support 

10 to any of the following: 

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

12 treatment to military medical treatment facilities. 

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

14 military medical treatment facilities as an out15 patient. 

16 ‘‘(3) Family members accompanying any mem17 ber described in paragraph (1) or (2) as a nonmed18 ical attendant.’’. 

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

21 adding at the end the following new item: 

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

22 (b) EFFECTIVE DATE.—The first report under section 

23 490 of title 10, United States Code, as added by subsection 

24 (a), shall be submitted not later than the date of submission 

25 of the budget for fiscal year 2009. 


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1 SEC. 202. ACCESS OF RECOVERING SERVICE MEMBERS TO 

2 ADEQUATE OUTPATIENT RESIDENTIAL FA3 CILITIES. 

4 (a) REQUIRED INSPECTIONS OF FACILITIES.—All 

5 quarters of the United States and housing facilities under 

6 the jurisdiction of the Armed Forces that are occupied by 

7 recovering service members shall be inspected on a semi8 annual basis for the first two years after the enactment of 

9 this Act and annually thereafter by the inspectors general 

10 of the regional medical commands. 

11 (b) INSPECTOR GENERAL REPORTS.—The inspector 

12 general for each regional medical command shall— 

13 (1) submit a report on each inspection of a facil14 ity conducted under subsection (a) to the post com15 mander at such facility, the commanding officer of 

16 the hospital affiliated with such facility, the surgeon 

17 general of the military department that operates such 

18 hospital, the Secretary of the military department 

19 concerned, the Assistant Secretary of Defense for 

20 Health Affairs, the Oversight Board for Wounded 

21 Warriors established pursuant to section 112, and the 

22 appropriate congressional committees; and 

23 (2) post each such report on the Internet website 

24 of such regional medical command. 


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1 SEC. 203. EVALUATION AND REPORT ON DEPARTMENT OF 

2 DEFENSE AND DEPARTMENT OF VETERANS 

3 AFFAIRS DISABILITY EVALUATION SYSTEMS. 

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

5 Secretary of Veterans Affairs shall conduct a joint evalua6 tion of the disability evaluation systems used by the Depart7 ment of Defense and the Department of Veterans Affairs for 

8 the purpose of— 

9 (1) improving the consistency of the two dis10 ability evaluation systems; and 

11 (2) evaluating the feasibility of, and potential 

12 options for, consolidating the two systems. 

13 (b) RELATION TO VETERANS’ DISABILITY BENEFITS

14 COMMISSION.—In conducting the evaluation of the dis15 ability evaluation systems used by the Department of De16 fense and the Department of Veterans Affairs, the Secretary 

17 of Defense and the Secretary of Veterans Affairs shall con18 sider the findings and recommendations of the Veterans’ 

19 Disability Benefits Commission established pursuant to 

20 title XV of the National Defense Authorization Act for Fis21 cal Year 2004 (Public Law 108–136; 38 U.S.C. 1101 note). 

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

23 of the submission of the final report of the Veterans’ Dis24 ability Benefits Commission, the Secretary of Defense and 

25 the Secretary of Veterans Affairs shall submit to Congress 

26 a report containing— 


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1 (1) the results of the evaluation; and 

2 (2) the recommendations of the Secretaries for 

3 improving the consistency of the two disability eval4 uation systems and such other recommendations as 

5 the Secretaries consider appropriate. 

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

7 FAMILIES OF RECOVERING SERVICE MEM8 BERS. 

9 (a) STUDY REQUIRED.—The Secretary of Defense shall 

10 conduct a study of the provision of support services for fam11 ilies of recovering service members. 

12 (b) MATTERS COVERED.—The study under subsection 

13 (a) shall include the following: 

14 (1) A determination of the types of support serv15 ices that are currently provided by the Department of 

16 Defense to family members described in subsection (c), 

17 and the cost of providing such services. 

18 (2) A determination of additional types of sup19 port services that would be feasible for the Depart20 ment to provide to such family members, and the 

21 costs of providing such services, including the fol22 lowing types of services: 

23 (A) The provision of medical care at mili24 tary medical treatment facilities. 


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1 (B) The provision of job placement services 

2 offered by the Department of Defense to any fam3 ily member caring for a recovering service mem4 ber for more than 45 days during a one-year pe5 riod. 

6 (C) The provision of meals without charge 

7 at military medical treatment facilities. 

8 (3) A survey of military medical treatment fa9 cilities to estimate the number of family members to 

10 whom the support services would be provided. 

11 (4) A determination of any discrimination in 

12 employment that such family members experience, in13 cluding denial of retention in employment, pro14 motion, or any benefit of employment by an employer 

15 on the basis of the person’s absence from employment 

16 as described in subsection (c), and a determination, 

17 in consultation with the Secretary of Labor, of the op18 tions available for such family members. 

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

20 described in this subsection is a family member of a recov21 ering service member who is— 

22 (1) on invitational orders while caring for the 

23 recovering service member; 

24 (2) a non-medical attendee caring for the recov25 ering service member; or 


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1 (3) receiving per diem payments from the De2 partment of Defense while caring for the recovering 

3 service member. 

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

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

6 submit to the Committees on Armed Services of the Senate 

7 and the House of Representatives a report on the results 

8 of the study, with such findings and recommendations as 

9 the Secretary considers appropriate. 

10 SEC. 205. REPORT ON TRAUMATIC BRAIN INJURY CLASSI11 FICATIONS. 

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

13 the date of the enactment of this Act, the Secretary of De14 fense shall submit to the Committees on Armed Services of 

15 the Senate and the House of Representatives an interim re16 port describing the changes undertaken within the Depart17 ment of Defense to ensure that traumatic brain injury vic18 tims receive a proper medical designation concomitant with 

19 their injury as opposed to the current medical designation 

20 which assigns a generic ‘‘organic psychiatric disorder’’ clas21 sification. 

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

23 date of the enactment of this Act, the Secretary of Defense 

24 shall submit to the Committees on Armed Services of the 

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1 cerning traumatic brain injury classifications and an ex2 planation and justification of the Department’s use of the 

3 international classification of disease (ICD) 9 designation, 

4 recommendations for transitioning to ICD 10 or 11, and 

5 the benefits the civilian community experiences from using 

6 ICD 10. 

7 SEC. 206. EVALUATION OF THE POLYTRAUMA LIAISON OFFI8 CER/NON-COMMISSIONED OFFICER PRO9 GRAM. 

10 (a) EVALUATION REQUIRED.—The Secretary of De11 fense shall conduct an evaluation of the Polytrauma Liai12 son Officer/Non-Commissioned Officer program, which is 

13 the program operated by each of the military departments 

14 and the Department of Veterans Affairs for the purpose of— 

15 (1) assisting in the seamless transition of mem16 bers of the Armed Forces from the Department of De17 fense health care system to the Department of Vet18 erans Affairs system; and 

19 (2) expediting the flow of information and com20 munication between military treatment facilities and 

21 the Veterans Affairs Polytrauma Centers. 

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

23 Polytrauma Liaison Officer/Non-Commissioned Officer pro24 gram shall include evaluating the following areas: 


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

2 areas: 

3 (A) Handling of military patient transfers. 

4 (B) Ability to access military records in a 

5 timely manner. 

6 (C) Collaboration with Polytrauma Center 

7 treatment teams. 

8 (D) Collaboration with Veteran Service Or9 ganizations. 

10 (E) Functioning as the Polytrauma Cen11 ter’s subject-matter expert on military issues. 

12 (F) Supporting and assisting family mem13 bers. 

14 (G) Providing education, information, and 

15 referrals to members of the Armed Forces and 

16 their family members. 

17 (H) Functioning as uniformed advocates for 

18 members of the Armed Forces and their family 

19 members. 

20 (I) Inclusion in Polytrauma Center meet21 ings. 

22 (J) Completion of required administrative 

23 reporting. 


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1 (K) Ability to provide necessary adminis2 trative support to all members of the Armed 

3 Forces. 

4 (2) Manpower requirements to effectively carry 

5 out all required functions of the Polytrauma Liaison 

6 Officer/Non-Commissioned Officer program given cur7 rent and expected case loads. 

8 (3) Expansion of the program to incorporate 

9 Navy and Marine Corps officers and senior enlisted 

10 personnel. 

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

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall submit to Congress a report con14 taining— 

15 (1) the results of the evaluation; and 

16 (2) recommendations for any improvements in 

17 the program. 

18 TITLE III—GENERAL 

19 PROVISIONS 

20 SEC. 301. MORATORIUM ON CONVERSION TO CONTRACTOR 

21 PERFORMANCE OF DEPARTMENT OF DE22 FENSE FUNCTIONS AT MILITARY MEDICAL FA23 CILITIES. 

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


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1 (1) The conduct of public-private competitions 

2 for the performance of Department of Defense func3 tions, based on Office of Management and Budget 

4 Circular A–76, can lead to dramatic reductions in the 

5 workforce, undermining an agency’s ability to per6 form its mission. 

7 (2) The Army Garrison commander at the Wal8 ter Reed Army Medical Center has stated that the ex9 tended A–76 competition process contributed to the 

10 departure of highly skilled administrative and main11 tenance personnel, which led to the problems at the 

12 Walter Reed Army Medical Center. 

13 (b) MORATORIUM.—During the one-year period begin14 ning on the date of the enactment of this Act, no study or 

15 competition may be begun or announced pursuant to sec16 tion 2461 of title 10, United States Code, or otherwise pur17 suant to Office of Management and Budget Circular A–76 

18 relating to the possible conversion to performance by a con19 tractor of any Department of Defense function carried out 

20 at a military medical facility . 

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

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

23 of Defense shall submit to the Committee on Armed Services 

24 of the Senate and the Committee on Armed Services of the 

25 House of Representatives a report on the public-private 


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1 competitions being conducted for Department of Defense 

2 functions carried out at military medical facilities as of 

3 the date of the enactment of this Act by each military de4 partment and defense agency. Such report shall include— 

5 (1) for each such competition— 

6 (A) the cost of conducting the public-private 

7 competition; 

8 (B) the number of military personnel and 

9 civilian employees of the Department of Defense 

10 affected; 

11 (C) the estimated savings identified and the 

12 savings actually achieved; 

13 (D) an evaluation whether the anticipated 

14 and budgeted savings can be achieved through a 

15 public-private competition; and 

16 (E) the effect of converting the performance 

17 of the function to performance by a contractor on 

18 the quality of the performance of the function; 

19 (2) a description of any public-private competi20 tion the Secretary would conduct if the moratorium 

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

22 (3) an assessment of whether any method of busi23 ness reform or reengineering other than a public-pri24 vate competition could, if implemented in the future, 

25 achieve any anticipated or budgeted savings. 


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1 SEC. 302. PROHIBITION ON TRANSFER OF RESOURCES 

2 FROM MEDICAL CARE. 

3 Neither the Secretary of Defense nor the Secretaries of 

4 the military departments may transfer funds or personnel 

5 from medical care functions to administrative functions 

6 within the Department of Defense in order to comply with 

7 the new administrative requirements imposed by this Act 

8 or the amendments made by this Act. 

9 SEC. 303. INCREASE IN PHYSICIANS AT HOSPITALS OF THE 

10 DEPARTMENT OF VETERANS AFFAIRS. 

11 The Secretary of Veterans Affairs shall increase the 

12 number of resident physicians at hospitals of the Depart13 ment of Veterans Affairs. 


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Union Calendar No. 39 

110TH CONGRESS 

1ST SESSION H. R. 1538 

[Report No. 110

–68, Part I] 

A BILL 

To amend title 10, United States Code, to improve 

in an outpatient status, and for other purposes. the Armed Forces who are receiving medical care tions, and quality of life issues for members of the management of medical care, personnel acMARCH 23, 2007 

Reported from the Committee on Armed Services with an 

amendment 

MARCH 23, 2007 

Committee on Veterans’ Affairs discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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