I 

110TH CONGRESS 

1ST SESSION H. R. 1538 

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 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 3. Establishment of toll-free hot line for reporting deficiencies in medicalrelated support facilities and expedited response to reports of 

deficiencies. 

Sec. 4. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 5. Independent medical advocate for members before medical evaluation 

boards. 

Sec. 6. Training and workload for physical evaluation board liaison officers. 

Sec. 7. Standardized training program and curriculum for Department of Defense disability evaluation system. 

Sec. 8. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions 

of recovering servicemembers. 

Sec. 9. Criteria for removal of member from temporary disability retired list. 

Sec. 10. Pilot program to improve transition of members of the Armed Forces 

to Department of Veterans Affairs upon retirement or separation. 

Sec. 11. Establishment of Medical Support Fund for support of members of the 

Armed Forces returning to military service or civilian life. 

Sec. 12. Annual report on military medical facilities. 

Sec. 13. Evaluation and report on Department of Defense and Department of 

Veterans Affairs disability evaluation systems. 

Sec. 14. Oversight Board for Wounded Warriors. 

Sec. 15. Definitions. 

3 SEC. 2. IMPROVEMENTS TO MEDICAL AND DENTAL CARE 

4 FOR MEMBERS OF THE ARMED FORCES AS5 SIGNED TO HOSPITALS IN AN OUTPATIENT 

6 STATUS. 

7 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS8 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.— 

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

10 United States Code, is amended by inserting after 

11 section 1074k the following new section: 


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1 ‘‘§ 1074l. Management of medical and dental care: 

2 members assigned to receive care in an 

3 outpatient status 

4 ‘‘(a) MEDICAL CARE CASE MANAGERS.—(1) A mem5 ber in an outpatient status at a military medical treatment 

6 facility shall be assigned a medical care case manager. 

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

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

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

10 of making judgments about personal medical care): 

11 ‘‘(A) To assist in understanding the member’s 

12 medical status. 

13 ‘‘(B) To assist in receiving prescribed medical 

14 care. 

15 ‘‘(C) To conduct a review, at least once a week, 

16 of the member’s medical status. 

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

18 each medical care case manager shall be assigned to man19 age not more than 17 members in an outpatient status. 

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

21 120 days the requirement of subparagraph (A) if required 

22 due to unforeseen circumstances. 

23 ‘‘(4) The Secretary of Defense shall establish a stand24 ard training program and curriculum for medical care case 

25 managers. Successful completion of the training program 


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1 is required before a person may assume the duties of a 

2 medical care case manager. 

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

4 in an outpatient status shall be assigned a service member 

5 advocate. 

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

7 include— 

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

9 the member’s family or other individuals designated 

10 by the member; 

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

12 welfare and quality of life; and 

13 ‘‘(C) assisting the member in resolving prob14 lems involving financial, administrative, personnel, 

15 transitional, and other matters. 

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

17 each service member advocate shall be assigned to not 

18 more than 30 members in an outpatient status. 

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

20 120 days the requirement of subparagraph (A) if required 

21 due to unforeseen circumstances. 

22 ‘‘(4) 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 

2 service member advocate. 

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

5 to a member until the member is returned to duty or sepa6 rated 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 in10 stallations under the Secretary’s supervision. The survey 

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

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

13 of medical care at the facility, the adequacy of living facili14 ties and other quality of life programs, the adequacy of 

15 case management support, and the fairness and timeliness 

16 of the physical disability evaluation system. 

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

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

19 means a member of the armed forces assigned to a 

20 military medical treatment facility as an outpatient 

21 or to a unit established for the purpose of providing 

22 command and control of members receiving medical 

23 care as outpatients. 

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

25 means the Department of Defense system or process 


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1 for evaluating the nature of and extent of disabilities 

2 affecting members of the armed forces (other than 

3 the Coast Guard) and comprised of medical evalua4 tion boards, physical evaluation boards, counseling 

5 of members, and final disposition by appropriate 

6 personnel authorities, as operated by the Secretaries 

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

8 Coast Guard, a similar system or process operated 

9 by the Secretary of Homeland Security.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by adding at the end the following new item: 

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

care in an outpatient status.’’. 

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

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

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

16 Act. 

17 SEC. 3. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR RE18 PORTING DEFICIENCIES IN MEDICAL-RE19 LATED SUPPORT FACILITIES AND EXPEDITED 

20 RESPONSE TO REPORTS OF DEFICIENCIES. 

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

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

23 following new section: 


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1 ‘‘§ 1567. Identification and investigation of defi2 ciencies in adequacy, quality, and state of 

3 repair of medical-related support facili4 ties 

5 ‘‘(a) TOLL-FREE HOT LINE.—The Secretary of De6 fense shall establish and maintain a toll-free telephone 

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

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

9 and update information regarding possible deficiencies in 

10 the adequacy, quality, and state of repair of medical-re11 lated support facilities. The Secretary shall widely dissemi12 nate information regarding the existence and availability 

13 of the toll-free telephone number to members of the armed 

14 forces and their dependents. 

15 ‘‘(b) INVESTIGATION AND RESPONSE PLAN.—Not 

16 later than 96 hours after a report of deficiencies in the 

17 adequacy, quality, or state of repair of a medical-related 

18 support facility is received by way of the toll-free telephone 

19 number or other source, the Secretary of Defense shall 

20 ensure that— 

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

22 are investigated; and 

23 ‘‘(2) if substantiated, a plan of action for reme24 diation of the deficiencies is developed and imple25 mented. 


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1 ‘‘(c) RELOCATION.—If the Secretary of Defense de2 termines that, on the basis of the investigation in response 

3 to a report of deficiencies at a medical-related support fa4 cility, conditions at the facility violate health and safety 

5 standards, the Secretary shall relocate the occupants of 

6 the facility while the violations are corrected. 

7 ‘‘(d) MEDICAL-RELATED SUPPORT FACILITY DE8 FINED.—In this section, the term ‘medical-related support 

9 facility’ means any facility of the Department of Defense 

10 that provides support to any of the following: 

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

12 treatment to a military medical treatment facility. 

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

14 a military medical treatment facility as an out15 patient. 

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

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

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

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

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

22 (c) EFFECTIVE DATE.—The toll-free telephone num23 ber required to be established by section 1567 of title 10, 

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


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1 fully operational not later than 180 days after the date 

2 of the enactment of this Act. 

3 SEC. 4. NOTIFICATION TO CONGRESS OF HOSPITALIZATION 

4 OF COMBAT WOUNDED SERVICE MEMBERS. 

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

6 10, United States Code, is further amended by inserting 

7 after section 1074l the following new section: 

8 ‘‘§ 1074m. Notification to Congress of hospitalization 

9 of combat wounded members 

10 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con11 cerned shall provide notification of the hospitalization of 

12 any member of the armed forces evacuated from a theater 

13 of combat to the appropriate Members of Congress. 

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

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

16 the member of the armed forces about whom notification 

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

18 the House of Representatives representing the States or 

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

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

21 or a different location as provided by the member. 

22 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifi23 cation under subsection (a) may be provided only with the 

24 consent of the member of the armed forces about whom 

25 notification is to be made. In the case of a member who 


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1 is unable to provide consent, information and consent may 

2 be provided by next of kin.’’. 

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

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

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

6 SEC. 5. INDEPENDENT MEDICAL ADVOCATE FOR MEMBERS 

7 BEFORE MEDICAL EVALUATION BOARDS. 

8 (a) ASSIGNMENT OF INDEPENDENT MEDICAL ADVO9 CATE.—Section 1222 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM13 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

14 Secretary of each military department shall ensure, in the 

15 case of any member of the armed forces being considered 

16 by a medical evaluation board under that Secretary’s su17 pervision, that the member has access to a physician or 

18 other appropriate health care professional who is inde19 pendent of the medical evaluation board. 

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

21 assigned to a member shall— 

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

23 of the member; and 


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1 ‘‘(B) provide the member with advice and coun2 sel regarding the medical condition of the member 

3 and the findings and recommendations of the med4 ical evaluation board.’’. 

5 (b) CLERICAL AMENDMENTS.— 

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

7 section is amended to read as follows: 

8 ‘‘§ 1222. Physical evaluation boards and medical eval9 uation boards’’. 

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

11 at the beginning of chapter 61 of such title is 

12 amended by striking the item relating to section 

13 1222 and inserting the following new item: 

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

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

15 1222 of title 10, United States Code, as added by sub16 section (a), shall apply with respect to medical evaluation 

17 boards convened after the end of the 180-day period begin18 ning on the date of the enactment of this Act. 

19 SEC. 6. TRAINING AND WORKLOAD FOR PHYSICAL EVALUA20 TION BOARD LIAISON OFFICERS. 

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

22 United States Code, is amended— 

23 (1) in paragraph (1)— 


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

2 that follows through ‘‘a requirement’’ and in3 serting ‘‘establishing a requirement’’; and 

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

5 all that follows through the end of subpara6 graph (B) and inserting ‘‘that Secretary. A 

7 physical evaluation board liaison officer may 

8 not be assigned more than 20 members at any 

9 one time, except that the Secretary concerned 

10 may authorize the assignment of additional 

11 members, for not more than 120 days, if re12 quired due to unforeseen circumstances.’’; 

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

14 the following new sentences: ‘‘The Secretary of De15 fense shall establish a standardized training program 

16 and curriculum for physical evaluation board liaison 

17 officers. Successful completion of the training pro18 gram is required before a person may assume the 

19 duties of a physical evaluation board liaison offi20 cer.’’; and 

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

22 paragraph: 

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

24 board liaison officer’ includes any person designated as, 


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1 or assigned the duties of, an assistant to a physical evalua2 tion board liaison officer.’’. 

3 (b) EFFECTIVE DATE.—The limitation on the max4 imum number of members of the Armed Forces who may 

5 be assigned to a physical evaluation board liaison officer 

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

7 of this Act. The training program and curriculum for 

8 physical evaluation board liaison officers shall be imple9 mented not later than 180 days after the date of the en10 actment of this Act. 

11 SEC. 7. STANDARDIZED TRAINING PROGRAM AND CUR12 RICULUM FOR DEPARTMENT OF DEFENSE 

13 DISABILITY EVALUATION SYSTEM. 

14 (a) TRAINING PROGRAM REQUIRED.—Section 1216 

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

16 the end the following new subsection: 

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

18 standardized training program and curriculum for persons 

19 described in paragraph (2) who are involved in the dis20 ability evaluation system. The training under the program 

21 shall be provided as soon as practicable in coordination 

22 with other training associated with the responsibilities of 

23 the person. 

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

25 ‘‘(A) Commanders. 


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1 ‘‘(B) Enlisted members who perform super2 visory functions. 

3 ‘‘(C) Health care professionals. 

4 ‘‘(D) Others persons with administrative, pro5 fessional, or technical responsibilities in the dis6 ability evaluation system. 

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

8 system’ means the Department of Defense system or proc9 ess for evaluating the nature of and extent of disabilities 

10 affecting members of the armed forces (other than the 

11 Coast Guard) and comprised of medical evaluation boards, 

12 physical evaluation boards, counseling of members, and 

13 final disposition by appropriate personnel authorities, as 

14 operated by the Secretaries of the military departments, 

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

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

17 (b) EFFECTIVE DATE.—The standardized training 

18 program and curriculum required by subsection (e) of sec19 tion 1216 of title 10, United States Code, as added by 

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

21 after the date of the enactment of this Act. 


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1 SEC. 8. IMPROVED TRAINING FOR HEALTH CARE PROFES2 SIONALS, MEDICAL CARE CASE MANAGERS, 

3 AND SERVICE MEMBER ADVOCATES ON PAR4 TICULAR CONDITIONS OF RECOVERING 

5 SERVICEMEMBERS. 

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

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

8 of Defense shall submit to the appropriate congressional 

9 committees a report setting forth recommendations for the 

10 modification 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 servicemembers. 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 servicemembers. 

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

21 180 days after the date of the enactment of this Act and 

22 annually thereafter throughout the global war on terror, 

23 the Secretary shall submit to the appropriate congres24 sional committees a report on the following: 

25 (1) The progress made in providing the training 

26 recommended under subsection (a). 


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1 (2) The quality of training provided to health 

2 care professionals, medical care case managers, and 

3 service member advocates. 

4 SEC. 9. CRITERIA FOR REMOVAL OF MEMBER FROM TEM5 PORARY DISABILITY RETIRED LIST. 

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

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

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

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

12 the enactment of this Act. 

13 SEC. 10. PILOT PROGRAM TO IMPROVE TRANSITION OF 

14 MEMBERS OF THE ARMED FORCES TO DE15 PARTMENT OF VETERANS AFFAIRS UPON RE16 TIREMENT OR SEPARATION. 

17 (a) PILOT PROGRAM REQUIRED.— 

18 (1) PURPOSE; PARTICIPANTS.—The Secretary 

19 of Defense shall establish a pilot program, involving 

20 a minimum of 5,000 members of the armed forces 

21 who are being separated or retired from the Armed 

22 Forces under chapter 61 of title 10, United States 

23 Code, during the one-year period beginning on the 

24 effective date of this section, under which each mem25 ber participating in the pilot program receives a 


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1 written transition plan specifying the recommended 

2 schedule and milestones for the transition of the 

3 member from military service. The member shall re4 ceive the plan before the separation or retirement 

5 date of the member. 

6 (2) CONTENT OF PLAN.—The transition plan 

7 for a participating member under the pilot program 

8 shall include information and guidance designed to 

9 assist the member in understanding and meeting the 

10 schedule and milestones for the member’s transition. 

11 (b) PILOT PROCESS FOR TRANSITION.— 

12 (1) PURPOSE; PARTICIPANTS.—Subject to para13 graph (3), the Secretary of Defense, in cooperation 

14 with the Secretary of Veterans Affairs, shall estab15 lish a pilot process for the transmittal to the Sec16 retary of Veterans Affairs of the records and other 

17 information described in paragraph (2) as part of 

18 the separation or retirement of a minimum of 5,000 

19 members of the Armed Forces who are separated or 

20 retired during the one-year period beginning on the 

21 effective date of this section. 

22 (2) COVERED RECORDS.—The records and 

23 other information to be transmitted under para24 graph (1) with respect to a member participating in 


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1 the pilot process shall include, at a minimum, the 

2 following: 

3 (A) The member’s address and contact in4 formation. 

5 (B) A copy of the member’s service record, 

6 including medical records and any results of a 

7 Physical Evaluation Board. 

8 (C) Whether the member is entitled to 

9 transitional health care, a conversion heath pol10 icy, or other health benefits through the De11 partment of Defense under section 1145 of title 

12 10, United States Code. 

13 (D) Any requests by the member for as14 sistance in enrolling in, or completed applica15 tions for enrollment in, the health care system 

16 of the Department of Veterans Affairs for 

17 health care benefits for which the member may 

18 be eligible under laws administered by the Sec19 retary of Veterans Affairs. 

20 (E) Any requests by the member for as21 sistance in applying for, or completed applica22 tions for, compensation and vocational rehabili23 tation benefits to which the member may be en24 titled under laws administered by the Secretary 

25 of Veterans Affairs, if the member is being 


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1 medically separated or is being retired under 

2 chapter 61 of title, United States Code. 

3 (3) The transmittal of information under para4 graph (1) may be subject to the consent of the mem5 ber, as required by statute. 

6 (c) MEETING.— 

7 (1) MEETING REQUIRED.—The pilot process re8 quired by subsection (b) for the transmittal of 

9 records and other information with respect to a 

10 member shall include a meeting between representa11 tives of the Secretary concerned and the Secretary 

12 of Veterans Affairs, which shall take place at a loca13 tion designated by the Secretaries. The member 

14 shall be informed of the meeting at least 30 days in 

15 advance of the meeting, except that the member may 

16 waive the notice requirement in order to accelerate 

17 transmission of the member’s records and other in18 formation to the Department of Veterans Affairs. 

19 (2) A member shall be given an opportunity to 

20 submit a written statement for consideration by the 

21 Secretary of Veterans Affairs. 

22 (d) TIME FOR TRANSMITTAL.—The Secretary of De23 fense shall provide for the transmittal to the Department 

24 of Veterans Affairs of records and other information with 

25 respect to a member participating in the pilot process at 


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1 the earliest practicable date. In no case should the trans2 mittal occur later than 60 days after the separation or 

3 retirement of the member. 

4 (e) REPORTING REQUIREMENT.—Not later than 90 

5 days after the end of the one-year period for the pilot pro6 gram and pilot process required by this section, the Sec7 retary of Defense shall submit to Congress a report con8 taining— 

9 (1) an evaluation of the results of the pilot pro10 gram and pilot process; 

11 (2) an assessment of the current status of ef12 forts to electronically transfer records and docu13 ments to the Department of Veterans Affairs and an 

14 estimate as to when the electronic transfer of 

15 records and documents to the Department of Vet16 erans Affairs will be fully achieved; and 

17 (3) recommendations regarding— 

18 (A) the expansion of the requirements for 

19 a transition plan and formal transition process 

20 to include all members being separated or re21 tired from the Armed Forces; and 

22 (B) the transformation of the process for 

23 transmitting records and other documents per24 taining to members separating or retiring from 


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1 the Armed Forces to the Department of Vet2 erans Affairs using solely electronic methods. 

3 (f) EARLY TERMINATION.—The Secretary of Defense 

4 or the Secretary of Veterans Affairs may terminate the 

5 pilot program or pilot process required by this section, or 

6 both, before the end of the one-year period provided for 

7 the pilot program and pilot process if either Secretary de8 termines that the pilot program or pilot process is ineffec9 tive in improving the transition of members of the Armed 

10 Forces from military service. The Secretary making the 

11 determination shall notify the Committee on Armed Serv12 ices and the Committee on Veterans Affairs of the House 

13 of Representatives and the Committee on Armed Services 

14 and the Committee on Veterans Affairs of the Senate of 

15 the reasons for the termination not later than 10 days 

16 after the determination is made. 

17 (g) EFFECTIVE DATE.—The pilot program and pilot 

18 process required by this section shall be implemented not 

19 later than the first day of the eighth month beginning 

20 after the date of the enactment of this Act. 


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1 SEC. 11. ESTABLISHMENT OF MEDICAL SUPPORT FUND 

2 FOR SUPPORT OF MEMBERS OF THE ARMED 

3 FORCES RETURNING TO MILITARY SERVICE 

4 OR CIVILIAN LIFE. 

5 (a) ESTABLISHMENT AND PURPOSE.—There is es6 tablished on the books of the Treasury a fund to be known 

7 as the Department of Defense Medical Support Fund 

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

9 which shall be administered by the Secretary of the Treas10 ury. 

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

12 (1) to support programs and activities relating 

13 to the medical treatment, care, rehabilitation, recov14 ery, and support of wounded and injured members 

15 of the Armed Forces and their return to military 

16 service or transition to civilian society; and 

17 (2) to support programs and facilities intended 

18 to support the families of wounded and injured 

19 members of the Armed Forces. 

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

21 the Fund any amount appropriated to the Fund, which 

22 shall constitute the assets of the Fund. 

23 (d) TRANSFER OF FUNDS.— 

24 (1) AUTHORITY TO TRANSFER.—The Secretary 

25 of Defense may transfer amounts in the Fund to ap26 propriations accounts for military personnel; operVerDate Aug 31 2005 20:56 Mar 15, 2007 Jkt 059196 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1538.IH H1538

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1 ation and maintenance; procurement; research, de2 velopment, test, and evaluation; military construc3 tion; and the Defense Health Program. Amounts so 

4 transferred shall be merged with and available for 

5 the same purposes and for the same time period as 

6 the appropriation account to which transferred. 

7 (2) ADDITION TO OTHER AUTHORITY.—The 

8 transfer authority provided in paragraph (1) is in 

9 addition to any other transfer authority available to 

10 the Department of Defense. Upon a determination 

11 that all or part of the amounts transferred from the 

12 Fund are not necessary for the purposes for which 

13 transferred, such amounts may be transferred back 

14 to the Fund. 

15 (3) NOTIFICATION.—The Secretary of Defense 

16 shall, not fewer than five days before making a 

17 transfer from the Fund, notify the congressional de18 fense committees in writing of the details of the 

19 transfer. 

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

21 be appropriated to the Medical Support Fund, from an 

22 emergency supplemental appropriation for fiscal year 

23 2007 or 2008, $50,000,000, to remain available through 

24 September 30, 2008. 


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1 SEC. 12. ANNUAL REPORT ON MILITARY MEDICAL FACILI2 TIES. 

3 (a) IN GENERAL.— 

4 (1) REPORT REQUIREMENT.—Chapter 23 of 

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

6 at the end the following new section: 

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

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

9 which the President submits the budget for a fiscal year 

10 to Congress pursuant to section 1105 of title 31, the Sec11 retary of Defense shall submit to the Committees on 

12 Armed Services of the Senate and the House of Represent13 atives a report on the adequacy, suitability, and quality 

14 of medical facilities and medical-related support facilities 

15 at each military installation within the Department of De16 fense. 

17 ‘‘(b) MEDICAL-RELATED SUPPORT FACILITY.—In 

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

19 any facility of the Department of Defense that provides 

20 support to any of the following: 

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

22 treatment to military medical treatment facilities. 

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

24 military medical treatment facilities as an out25 patient. 


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1 ‘‘(3) Family members accompanying any mem2 ber described in paragraph (1) or (2) as a nonmed3 ical attendant.’’. 

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

6 by adding at the end the following new item: 

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

7 (b) EFFECTIVE DATE.—The first report under sec8 tion 490 of title 10, United States Code, as added by sub9 section (a), shall be submitted not later than the date of 

10 submission of the budget for fiscal year 2009. 

11 SEC. 13. EVALUATION AND REPORT ON DEPARTMENT OF 

12 DEFENSE AND DEPARTMENT OF VETERANS 

13 AFFAIRS DISABILITY EVALUATION SYSTEMS. 

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

15 Secretary of Veterans Affairs shall conduct a joint evalua16 tion of the disability evaluation systems used by the De17 partment of Defense and the Department of Veterans Af18 fairs for the purpose of— 

19 (1) improving the consistency of the two dis20 ability evaluation systems; and 

21 (2) evaluating the feasibility of, and potential 

22 options for, consolidating the two systems. 

23 (b) RELATION TO VETERANS’ DISABILITY BENEFITS

24 COMMISSION.—In conducting the evaluation of the dis25 ability evaluation systems used by the Department of DeVerDate Aug 31 2005 20:56 Mar 15, 2007 Jkt 059196 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1538.IH H1538

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1 fense and the Department of Veterans Affairs, the Sec2 retary of Defense and the Secretary of Veterans Affairs 

3 shall consider the findings and recommendations of the 

4 Veterans’ Disability Benefits Commission established pur5 suant to title XV of the National Defense Authorization 

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

7 1101 et seq.). 

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

9 of the submission of the final report of the Veterans’ Dis10 ability Benefits Commission, the Secretary of Defense and 

11 the Secretary of Veterans Affairs shall submit to Congress 

12 a report containing— 

13 (1) the results of the evaluation; and 

14 (2) the recommendations of the Secretaries for 

15 improving the consistency of the two disability eval16 uation systems and such other recommendations as 

17 the Secretaries consider appropriate. 

18 SEC. 14. 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 

24 composed of 12 members, of whom— 


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1 (1) two shall be appointed by the majority lead2 er of the Senate; 

3 (2) two shall be appointed by the minority lead4 er of the Senate; 

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

6 the House of Representatives; 

7 (4) two shall be appointed by the minority lead8 er of the House of Representatives; 

9 (5) two shall be appointed by the President; 

10 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 

15 with, the military healthcare system, the disability evalua16 tion system, or the experience of a recovering 

17 servicemember or family member of a recovering 

18 servicemember. 

19 (d) APPOINTMENT.— 

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

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

22 A member may be reappointed for one or more addi23 tional terms. 


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

2 Board shall be filled in the same manner in which 

3 the original appointment was made. 

4 (e) DUTIES.— 

5 (1) ADVICE AND CONSULTATION.—The Over6 sight Board shall provide advice and consultation to 

7 the Secretary of Defense and the Committees on 

8 Armed Services of the Senate and the House of Rep9 resentatives regarding— 

10 (A) the process for streamlining the dis11 ability evaluation systems of the military de12 partments; 

13 (B) the process for correcting and improv14 ing the ratios of case managers and service 

15 member advocates to recovering 

16 servicemembers; 

17 (C) the need to revise Department of De18 fense policies to improve the experience of re19 covering servicemembers while under Depart20 ment of Defense care; 

21 (D) the need to revise Department of De22 fense policies to improve counseling, outreach, 

23 and general services provided to family mem24 bers of recovering servicemembers; 


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1 (E) the need to revise Department of De2 fense policies regarding the provision of quality 

3 lodging to recovering servicemembers; and 

4 (F) such other matters relating to the eval5 uation and care of recovering servicemembers, 

6 including evaluation under disability evaluation 

7 systems, as the Board considers appropriate. 

8 (2) VISITS TO MILITARY MEDICAL TREATMENT

9 FACILITIES.—In carrying out its duties, each mem10 ber of the Oversight Board shall visit not less than 

11 three military medical treatment facilities each year, 

12 and the Board shall conduct each year one meeting 

13 of all the members of the Board at a military med14 ical treatment facility. 

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

16 services of at least two officials or employees of the De17 partment of Defense to provide support and assistance to 

18 members of the Oversight Board. 

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

20 Board shall be allowed travel expenses, including per diem 

21 in lieu of subsistence, at rates authorized for employees 

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

23 United States Code, while away from their homes or reg24 ular places of business in the performance of service for 

25 the Oversight Board. 


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

2 submit to the Secretary of Defense and the Committees 

3 on Armed Services of the Senate and the House of Rep4 resentatives each year a report on its activities during the 

5 preceding year, including any findings and recommenda6 tions of the Oversight Board as a result of such activities. 

7 SEC. 15. DEFINITIONS. 

8 In this Act: 

9 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

10 The term ‘‘congressional defense committees’’ has 

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

12 of title 10, United States Code. 

13 (2) DISABILITY EVALUATION SYSTEM.—The 

14 term ‘‘disability evaluation system’’ means the De15 partment of Defense system or process for evalu16 ating the nature of and extent of disabilities affect17 ing members of the armed forces (other than the 

18 Coast Guard) and comprised of medical evaluation 

19 boards, physical evaluation boards, counseling of 

20 members, and final disposition by appropriate per21 sonnel authorities, as operated by the Secretaries of 

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

23 Coast Guard, a similar system or process operated 

24 by the Secretary of Homeland Security. 


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1 (3) FAMILY MEMBER.—The term ‘‘family mem2 ber’’, with respect to a recovering servicemember, 

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

4 of title 37, United States Code. 

5 (4) RECOVERING SERVICEMEMBER.—The term 

6 ‘‘recovering servicemember’’ means a member of the 

7 Armed Forces, including a member of the National 

8 Guard or a Reserve, who is undergoing medical 

9 treatment, recuperation, or therapy, or is otherwise 

10 in medical hold or holdover status, for an injury, ill11 ness, or disease incurred or aggravated while on ac12 tive duty in the Armed Forces. 

Æ 


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