110TH CONGRESS 

1ST SESSION H. R. 1538

AN ACT

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,
2

•HR 1538 EH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this 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 a Department of Defense-wide Ombudsman Office. 

Sec. 103. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports 

of deficiencies. 

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

members. 

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

boards. 

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

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

Defense disability evaluation system. 

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

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

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

an appropriate active duty base. 

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

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

of Veterans Affairs upon retirement or separation. 

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

the Armed Forces returning to military service or civilian life. 

Sec. 113. Oversight Board for Wounded Warriors. 

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

treatment facilities closest to home for certain injuries. 

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

TITLE II—STUDIES AND REPORTS 

Sec. 201. Annual report on military medical facilities. 

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

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

Veterans Affairs disability evaluation systems. 

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

members. 

Sec. 205. Report on traumatic brain injury classifications. 

Sec. 206. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer Program. 
3

•HR 1538 EH

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

of Veterans Affairs medical facilities. 

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

TITLE III—GENERAL PROVISIONS 

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

of Defense functions at military medical facilities. 

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

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

Sec. 304. Veterans beneficiary travel program.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL DEFENSE COMMITTEES.—

4 The term ‘‘congressional defense committees’’ has 

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

6 of title 10, United States Code. 

7 (2) DISABILITY EVALUATION SYSTEM.—The 

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

12 Coast Guard) and comprised of medical evaluation 

13 boards, physical evaluation boards, counseling of 

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

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

17 Coast Guard, a similar system or process operated 

18 by the Secretary of Homeland Security. 

19 (3) FAMILY MEMBER.—The term ‘‘family mem20 ber’’, with respect to a recovering service member, 
4

•HR 1538 EH

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

2 of title 37, United States Code. 

3 (4) RECOVERING SERVICE MEMBER.—The term 

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

5 Armed Forces, including a member of the National 

6 Guard or a Reserve, who is undergoing medical 

7 treatment, recuperation, or therapy, or is otherwise 

8 in medical hold or holdover status, for an injury, ill9 ness, or disease incurred or aggravated while on ac10 tive duty in the Armed Forces. 

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

12 includes mental health care. 

13 TITLE I—WOUNDED WARRIOR 

14 ASSISTANCE 

15 SEC. 101. IMPROVEMENTS TO MEDICAL AND DENTAL CARE 

16 FOR MEMBERS OF THE ARMED FORCES AS17 SIGNED TO HOSPITALS IN AN OUTPATIENT 

18 STATUS. 

19 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS20 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.—

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

22 United States Code, is amended by inserting after 

23 section 1074k the following new section: 
5

•HR 1538 EH

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

12 medical status. 

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

14 care. 

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

16 of the member’s medical status. 

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

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

19 the member. If such a review is not practicable, the med20 ical care case manager shall provide a written statement 

21 to the case manager’s supervisor indicating why an in-per22 son medical status review was not possible. 

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

24 each medical care case manager shall be assigned to man25 age not more than 17 members in an outpatient status. 
6

•HR 1538 EH

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

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

3 due to unforeseen circumstances. 

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

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

7 designator, or specialty code. 

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

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

12 Navy Medical Corps, Navy Medical Service Corps, Navy 

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

14 comprised of health care professionals at the discretion of 

15 the Secretary of Defense. 

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

18 managers. Successful completion of the training program 

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

20 medical care case manager. 

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

23 ensure that they expeditiously carry out the responsibil24 ities and duties of their position. 
7

•HR 1538 EH

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

2 in an outpatient status shall be assigned a service member 

3 advocate. 

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

5 include—

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

7 the member’s family or other individuals designated 

8 by the member; 

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

10 welfare and quality of life; and 

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

13 transitional, and other matters. 

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

15 each service member advocate shall be assigned to not 

16 more than 30 members in an outpatient status. 

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

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

19 due to unforeseen circumstances. 

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

23 designator, or specialty code in order to handle service24 specific personnel and financial issues. 
8

•HR 1538 EH

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

3 advocates. Successful completion of the training program 

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

5 service member advocate. 

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

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

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

13 and duties of their position. 

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

15 make available to each member in an outpatient status 

16 at a military medical treatment facility, and to the family 

17 members of all such members, information on the avail18 ability of services provided by the medical care case man19 agers and service member advocates, including informa20 tion on how to contact such managers and advocates and 

21 how to use their services. 

22 ‘‘(d) SEMIANNUAL SURVEYS BY SECRETARIES CON23 CERNED.—The Secretary concerned shall conduct a semi24 annual survey of members in an outpatient status at in25 stallations under the Secretary’s supervision. The survey 
9

•HR 1538 EH

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

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

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

5 case management support, and the fairness and timeliness 

6 of the physical disability evaluation system. The survey 

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

9 with such commanders and authorities before submission 

10 to the Secretary. 

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

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

13 means a member of the armed forces assigned to a 

14 military medical treatment facility as an outpatient 

15 or to a unit established for the purpose of providing 

16 command and control of members receiving medical 

17 care as outpatients. 

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

19 means the Department of Defense system or process 

20 for evaluating the nature of and extent of disabilities 

21 affecting members of the armed forces (other than 

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

24 of members, and final disposition by appropriate 

25 personnel authorities, as operated by the Secretaries 
10

•HR 1538 EH

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

2 Coast Guard, a similar system or process operated 

3 by the Secretary of Homeland Security.’’. 

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

6 by adding at the end the following new item:

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

care in an outpatient status.’’.

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

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

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

10 Act. 

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

13 (a) ESTABLISHMENT.—The Secretary of Defense 

14 shall establish a Department of Defense-wide Ombudsman 

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

17 (b) FUNCTIONS.—

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

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

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

24 following: 
11

•HR 1538 EH

1 (A) Providing assistance to and answering 

2 questions from recovering service members and 

3 their families regarding—

4 (i) administrative processes, financial 

5 matters, and non-military related services 

6 available to the members and their families 

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

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

11 (iii) support services available upon 

12 the member’s return home. 

13 (B) Accountability standards, including—

14 (i) creating and maintaining case files 

15 for individual specific questions received, 

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

18 (ii) setting standards for timeliness of 

19 responses; and 

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

22 their families, including requirements for 

23 daily updates to the members and their 

24 families about steps being taken to allevi-
12

•HR 1538 EH

1 ate problems and concerns until problems 

2 are addressed. 

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

4 each military department shall submit status reports of 

5 actions taken to address individual concerns to the Om6 budsman Office, at such times as the Ombudsman Office 

7 considers appropriate. 

8 (d) RESPONSES FROM OTHER OFFICES.—The Sec9 retary of Defense shall ensure that all other offices within 

10 the Department of Defense and the military departments 

11 respond in a timely manner to resolve questions and re12 quests from the Ombudsman Office on behalf of recov13 ering service members and their families, including offices 

14 responsible for medical matters (including medical hold15 over processes), financial and accounting matters, legal 

16 matters, human resources matters, reserve component 

17 matters, installation and management matters, and phys18 ical disability matters. 

19 (e) STAFF OF THE OFFICE.—The staff of the Om20 budsman Office shall include representatives from each 

21 military department, including persons with experience in 

22 medical holdover processes and other medical matters. 
13

•HR 1538 EH

1 SEC. 103. 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, 

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

7 following 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 

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

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

16 and update information regarding possible deficiencies in 

17 the adequacy, quality, and state of repair of medical-re18 lated support facilities. The Secretary shall widely dissemi19 nate information regarding the existence and availability 

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

21 forces and their dependents. 

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

23 provide information through use of the toll-free telephone 

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

25 before they provide such information, of their option to 
14

•HR 1538 EH

1 elect, at their discretion, to have their identity remain con2 fidential. 

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

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

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

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

7 information for purposes of conducting the investigation 

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

9 may not disclose the identity of the individual who pro10 vided the information. 

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

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

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

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

15 number or other source, the Secretary of Defense shall 

16 ensure that—

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

18 are investigated; and 

19 ‘‘(2) if substantiated, a plan of action for reme20 diation of the deficiencies is developed and imple21 mented. 

22 ‘‘(d) RELOCATION.—If the Secretary of Defense de23 termines, on the basis of the investigation conducted in 

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

25 support facility, that conditions at the facility violate 
15

•HR 1538 EH

1 health and safety standards, the Secretary shall relocate 

2 the occupants of the facility while the violations are cor3 rected. 

4 ‘‘(e) MEDICAL-RELATED SUPPORT FACILITY DE5 FINED.—In this section, the term ‘medical-related support 

6 facility’ means any facility of the Department of Defense 

7 that provides support to any of the following: 

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

9 treatment to a military medical treatment facility. 

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

11 a military medical treatment facility as an out12 patient. 

13 ‘‘(3) Family members accompanying any mem14 ber described in paragraph (1) or (2) as a nonmed15 ical attendant.’’. 

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

17 at the beginning of such chapter is amended by adding 

18 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.’’.

19 (c) EFFECTIVE DATE.—The toll-free telephone num20 ber required to be established by section 1567 of title 10, 

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

22 fully operational not later than 180 days after the date 

23 of the enactment of this Act. 
16

•HR 1538 EH

1 SEC. 104. NOTIFICATION TO CONGRESS OF HOSPITALIZA2 TION OF COMBAT WOUNDED SERVICE MEM3 BERS. 

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

5 10, United States Code, is further amended by inserting 

6 after section 1074l the following new section: 

7 ‘‘§ 1074m. Notification to Congress of hospitalization 

8 of combat wounded members 

9 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con10 cerned shall provide notification of the hospitalization of 

11 any member of the armed forces evacuated from a theater 

12 of combat to the appropriate Members of Congress. 

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

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

15 the member of the armed forces about whom notification 

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

17 the House of Representatives representing the States or 

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

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

20 or a different location as provided by the member. 

21 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifi22 cation under subsection (a) may be provided only with the 

23 consent of the member of the armed forces about whom 

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

25 is unable to provide consent, information and consent may 

26 be provided by next of kin.’’. 
17

•HR 1538 EH

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

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item:

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

4 SEC. 105. INDEPENDENT MEDICAL ADVOCATE FOR MEM5 BERS BEFORE MEDICAL EVALUATION 

6 BOARDS. 

7 (a) ASSIGNMENT OF INDEPENDENT MEDICAL ADVO8 CATE.—Section 1222 of title 10, United States Code, is 

9 amended by adding at the end the following new sub10 section: 

11 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM12 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

13 Secretary of each military department shall ensure, in the 

14 case of any member of the armed forces being considered 

15 by a medical evaluation board under that Secretary’s su16 pervision, that the member has access to a physician or 

17 other appropriate health care professional who is inde18 pendent of the medical evaluation board. 

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

20 assigned to a member shall—

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

22 of the member; and 

23 ‘‘(B) provide the member with advice and coun24 sel regarding the medical condition of the member 
18

•HR 1538 EH

1 and the findings and recommendations of the med2 ical evaluation board.’’. 

3 (b) CLERICAL AMENDMENTS.—

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

5 section is amended to read as follows: 

6 ‘‘§ 1222. Physical evaluation boards and medical eval7 uation boards’’. 

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

9 at the beginning of chapter 61 of such title is 

10 amended by striking the item relating to section 

11 1222 and inserting the following new item:

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

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

13 1222 of title 10, United States Code, as added by sub14 section (a), shall apply with respect to medical evaluation 

15 boards convened after the end of the 180-day period begin16 ning on the date of the enactment of this Act. 

17 SEC. 106. TRAINING AND WORKLOAD FOR PHYSICAL EVAL18 UATION BOARD LIAISON OFFICERS. 

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

20 United States Code, is amended—

21 (1) in paragraph (1)—

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

23 that follows through ‘‘a requirement’’ and in24 serting ‘‘establishing a requirement’’; and 
19

•HR 1538 EH

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

2 all that follows through the end of subpara3 graph (B) and inserting ‘‘that Secretary. A 

4 physical evaluation board liaison officer may 

5 not be assigned more than 20 members at any 

6 one time, except that the Secretary concerned 

7 may authorize the assignment of additional 

8 members, for not more than 120 days, if re9 quired due to unforeseen circumstances.’’; 

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

11 the following new sentences: ‘‘The Secretary of De12 fense shall establish a standardized training program 

13 and curriculum for physical evaluation board liaison 

14 officers. Successful completion of the training pro15 gram is required before a person may assume the 

16 duties of a physical evaluation board liaison offi17 cer.’’; and 

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

19 paragraph: 

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

21 board liaison officer’ includes any person designated as, 

22 or assigned the duties of, an assistant to a physical evalua23 tion board liaison officer.’’. 

24 (b) EFFECTIVE DATE.—The limitation on the max25 imum number of members of the Armed Forces who may 
20

•HR 1538 EH

1 be assigned to a physical evaluation board liaison officer 

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

3 of this Act. The training program and curriculum for 

4 physical evaluation board liaison officers shall be imple5 mented not later than 180 days after the date of the en6 actment of this Act. 

7 SEC. 107. STANDARDIZED TRAINING PROGRAM AND CUR8 RICULUM FOR DEPARTMENT OF DEFENSE 

9 DISABILITY EVALUATION SYSTEM. 

10 (a) TRAINING PROGRAM REQUIRED.—Section 1216 

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

12 the end the following new subsection: 

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

14 standardized training program and curriculum for persons 

15 described in paragraph (2) who are involved in the dis16 ability evaluation system. The training under the program 

17 shall be provided as soon as practicable in coordination 

18 with other training associated with the responsibilities of 

19 the person. 

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

21 ‘‘(A) Commanders. 

22 ‘‘(B) Enlisted members who perform super23 visory functions. 

24 ‘‘(C) Health care professionals. 
21

•HR 1538 EH

1 ‘‘(D) Others persons with administrative, pro2 fessional, or technical responsibilities in the dis3 ability evaluation system. 

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

5 system’ means the Department of Defense system or proc6 ess for evaluating the nature of and extent of disabilities 

7 affecting members of the armed forces (other than the 

8 Coast Guard) and comprised of medical evaluation boards, 

9 physical evaluation boards, counseling of members, and 

10 final disposition by appropriate personnel authorities, as 

11 operated by the Secretaries of the military departments, 

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

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

14 (b) EFFECTIVE DATE.—The standardized training 

15 program and curriculum required by subsection (e) of sec16 tion 1216 of title 10, United States Code, as added by 

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

18 after the date of the enactment of this Act. 

19 SEC. 108. IMPROVED TRAINING FOR HEALTH CARE PRO20 FESSIONALS, MEDICAL CARE CASE MAN21 AGERS, AND SERVICE MEMBER ADVOCATES 

22 ON PARTICULAR CONDITIONS OF RECOV23 ERING SERVICE MEMBERS. 

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

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

•HR 1538 EH

1 of Defense shall submit to the appropriate congressional 

2 committees a report setting forth recommendations for the 

3 improvement of the training provided to health care pro4 fessionals, medical care case managers, and service mem5 ber advocates who provide care for or assistance to recov6 ering service members. The recommendations shall in7 clude, at a minimum, specific recommendations to ensure 

8 that such health care professionals, medical care case 

9 managers, and service member advocates are adequately 

10 trained and able to detect early warning signs of post11 traumatic stress disorder (PTSD), suicidal tendencies, 

12 and other mental health conditions among recovering serv13 ice members and make prompt notification to the appro14 priate health care professionals. 

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

16 180 days after the date of the enactment of this Act and 

17 annually thereafter throughout the global war on terror, 

18 the Secretary shall submit to the appropriate congres19 sional committees a report on the following: 

20 (1) The progress made in providing the training 

21 recommended under subsection (a). 

22 (2) The quality of training provided to health 

23 care professionals, medical care case managers, and 

24 service member advocates, and the number of such 

25 professionals, managers, and advocates trained. 
23

•HR 1538 EH

1 (3) The progress made in developing the track2 ing system under subsection (c) and the results of 

3 the system. 

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

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

6 shall develop a system to track the number of notifications 

7 made by medical care case managers and service member 

8 advocates to health care professionals regarding early 

9 warning signs of post-traumatic stress disorder and sui10 cide in recovering service members assigned to the man11 agers and advocates. 

12 SEC. 109. PILOT PROGRAM TO ESTABLISH AN ARMY 

13 WOUNDED WARRIOR BATTALION AT AN AP14 PROPRIATE ACTIVE DUTY BASE. 

15 (a) PILOT PROGRAM REQUIRED.—

16 (1) ESTABLISHMENT.—The Secretary of the 

17 Army shall establish a pilot program, at an appro18 priate active duty base with a major medical facility, 

19 based on the Wounded Warrior Regiment program 

20 of the Marine Corps. The pilot program shall be 

21 known as the Army Wounded Warrior Battalion. 

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

23 Battalion shall track and assist members of the 

24 Armed Forces in an outpatient status who are still 

25 in need of medical treatment through—
24

•HR 1538 EH

1 (A) the course of their treatment; 

2 (B) medical and physical evaluation 

3 boards; 

4 (C) transition back to their parent units; 

5 and 

6 (D) medical retirement and subsequent 

7 transition into the Department of Veterans Af8 fairs medical system. 

9 (3) ORGANIZATION.—The commanding officer 

10 of the Battalion shall be selected by the Army Chief 

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

12 5 select, with combat experience in Operation Iraqi 

13 Freedom or Operation Enduring Freedom. The 

14 chain-of-command shall be filled by previously 

15 wounded junior officers and non-commissioned offi16 cers when available and appropriate. 

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

18 pilot program shall provide adequate physical infra19 structure to house the Army Wounded Warrior Bat20 talion. Any funds necessary for construction or ren21 ovation of existing facilities shall be allocated from 

22 the Department of Defense Medical Support Fund 

23 established under this Act. 

24 (5) COORDINATION.—The Secretary of the 

25 Army shall consult with appropriate Marine Corps 
25

•HR 1538 EH

1 counterparts to ensure coordination of best practices 

2 and lessons learned. 

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

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

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

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

7 project, the Secretary of the Army shall submit to Con8 gress a report containing—

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

10 project; 

11 (2) an assessment of the Army’s ability to es12 tablish Wounded Warrior Battalions at other major 

13 Army bases. 

14 (3) recommendations regarding—

15 (A) the adaptability of the Wounded War16 rior Battalion concept for the Army’s larger 

17 wounded population; and 

18 (B) closer coordination and sharing of re19 sources with counterpart programs of the Ma20 rine Corps. 

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

22 by this section shall be implemented not later than 180 

23 days after the date of the enactment of this Act. 
26

•HR 1538 EH

1 SEC. 110. 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 

7 subsection (a) shall apply to any case received for consid8 eration by a physical evaluation board after the date of 

9 the enactment of this Act. 

10 SEC. 111. IMPROVED TRANSITION OF MEMBERS OF THE 

11 ARMED FORCES TO DEPARTMENT OF VET12 ERANS AFFAIRS UPON RETIREMENT OR SEP13 ARATION. 

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 

18 after section 1142 the following new section: 

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

20 care and physical disability systems of 

21 Department of Veterans Affairs 

22 ‘‘(a) TRANSITION PLAN.—(1) The Secretary of De23 fense shall ensure that each member of the armed forces 

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

25 title receives a written transition plan that—
27

•HR 1538 EH

1 ‘‘(A) specifies the recommended schedule and 

2 milestones for the transition of the member from 

3 military service; and 

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

5 the member from the Department of Defense dis6 ability system to the Department of Veterans Af7 fairs. 

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

9 chapter 61 of this title shall receive the transition plan 

10 before the separation or retirement date of the member. 

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

12 subsection shall include information and guidance de13 signed to assist the member in understanding and meeting 

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

15 ‘‘(b) FORMAL TRANSITION PROCESS.—(1) The Sec16 retary of Defense, in cooperation with the Secretary of 

17 Veterans Affairs, shall establish a formal process for the 

18 transmittal to the Secretary of Veterans Affairs of the 

19 records and other information described in paragraph (2) 

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

21 the armed forces under chapter 61 of this title. 

22 ‘‘(2) The records and other information to be trans23 mitted under paragraph (1) with respect to a member 

24 shall include, at a minimum, the following: 
28

•HR 1538 EH

1 ‘‘(A) The member’s address and contact infor2 mation. 

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

4 which shall be transmitted electronically. 

5 ‘‘(C) A copy of the member’s service record, in6 cluding medical records and any results of a Phys7 ical Evaluation Board. 

8 ‘‘(D) Whether the member is entitled to transi9 tional health care, a conversion health policy, or 

10 other health benefits through the Department of De11 fense under section 1145 of this title. 

12 ‘‘(E) Any requests by the member for assist13 ance in enrolling in, or completed applications for 

14 enrollment in, the health care system of the Depart15 ment of Veterans Affairs for health care benefits for 

16 which the member may be eligible under laws admin17 istered by the Secretary of Veterans Affairs. 

18 ‘‘(F) Any requests by the member for assist19 ance in applying for, or completed applications for, 

20 compensation and vocational rehabilitation benefits 

21 to which the member may be entitled under laws ad22 ministered by the Secretary of Veterans Affairs, if 

23 the member is being medically separated or is being 

24 retired under chapter 61 of this title. 
29

•HR 1538 EH

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

2 (1) may be subject to the consent of the member, as re3 quired by statute. 

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

5 address and contact information shall also be submitted 

6 to the department or agency for veterans affairs of the 

7 State in which the member intends to reside after the sep8 aration or retirement of the member. 

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

10 subsection (b) for the transmittal of records and other in11 formation with respect to a member shall include a meet12 ing between representatives of the Secretary concerned 

13 and the Secretary of Veterans Affairs, which shall take 

14 place at a location designated by the Secretaries. The 

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

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

17 waive the notice requirement in order to accelerate trans18 mission of the member’s records and other information to 

19 the Department of Veterans Affairs. 

20 ‘‘(2) A member shall be given an opportunity to sub21 mit a written statement for consideration by the Secretary 

22 of Veterans Affairs. 

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

24 Secretary concerned shall provide for the transmittal to 

25 the Department of Veterans Affairs of records and other 
30

•HR 1538 EH

1 information with respect to a member at the earliest prac2 ticable date. In no case should the transmittal occur later 

3 than the date of the separation or retirement of the mem4 ber. 

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

6 ‘armed forces’ means the Army, Navy, Air Force, and Ma7 rine Corps.’’. 

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

9 at the beginning of such chapter is amended by in10 serting after the item relating to section 1142 the 

11 following new item:

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

systems of Department of Veterans Affairs.’’.

12 (b) UNIFORM SEPARATION AND EVALUATION PHYS13 ICAL.—Section 1145 of such title is amended—

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

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

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

18 ‘‘(d) UNIFORM SEPARATION AND EVALUATION PHYS19 ICAL.—The joint separation and evaluation physical, as 

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

21 the Secretary of Defense in connection with the medical 

22 separation or retirement of all members of the armed 

23 forces, including members separated or retired under 

24 chapter 61 of this title. The Secretary of Veterans Affairs 
31

•HR 1538 EH

1 shall adopt the same separation and evaluation physical 

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

3 (c) INTEROPERABILITY OF MEDICAL INFORMATION

4 SYSTEMS AND BI-DIRECTIONAL ACCESS.—The Secretary 

5 of Defense and the Secretary of Veterans Affairs shall es6 tablish and implement a single medical information system 

7 for the Department of Defense and the Department of 

8 Veterans Affairs for the purpose of ensuring the complete 

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

10 critical medical information. 

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

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

13 and the Secretary of Veterans Affairs shall jointly 

14 determine the optimal locations for the deployment 

15 of Department of Veterans Affairs benefits team to 

16 support recovering service members assigned to mili17 tary medical treatment facilities, medical-related 

18 support facilities, and community-based health care 

19 organizations. 

20 (2) MILITARY MEDICAL TREATMENT FACILITY

21 DEFINED.—In this subsection, the term ‘‘medical-re22 lated support facility’’ has the meaning given that 

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

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

25 this Act. 
32

•HR 1538 EH

1 (e) REPEAL OF SUPERSEDED CHAPTER 61 MEDICAL

2 RECORD TRANSMITTAL REQUIREMENT.—

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

4 amended by striking subsection (c). 

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

6 section is amended to read as follows: 

7 ‘‘§ 1142. Preseparation counseling’’. 

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

9 at the beginning of chapter 58 of such title is 

10 amended by striking the item relating to section 

11 1142 and inserting the following new item:

‘‘1142. Preseparation counseling.’’.

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

13 United States Code, as added by subsection (a), and sub14 section (d) of section 1145 of such title, as added by sub15 section (b), shall apply with respect to members of the 

16 Armed Forces who are separated or retired from the 

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

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

19 requirements of subsections (c) and (d), and the amend20 ments made by subsection (e), shall take effect on the first 

21 day of such eighth month. 
33

•HR 1538 EH

1 SEC. 112. 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; oper-
34

•HR 1538 EH

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) WOUNDED WARRIOR REGIMENT PROGRAM.—The 

21 Secretary of Defense shall ensure that $10,000,000 for 

22 fiscal year 2007 is transferred from the Medical Support 

23 Fund to support programs, activities, and facilities associ24 ated with the Marine Corps Wounded Warrior Regiment 

25 program, to be used as follows: 
35

•HR 1538 EH

1 (1) $6,550,000 for Case Management and Pa2 tient Support. 

3 (2) $1,200,000 for Wounded Warrior Interim 

4 Regimental Headquarters Building conversion. 

5 (3) $1,300,000 for Case Management System 

6 Development. 

7 (4) $95,000 for Support Equipment. 

8 (f) AUTHORIZATION.—There is hereby authorized to 

9 be appropriated to the Medical Support Fund, from an 

10 emergency supplemental appropriation for fiscal year 

11 2007 or 2008, $50,000,000, to remain available through 

12 September 30, 2008. 

13 SEC. 113. OVERSIGHT BOARD FOR WOUNDED WARRIORS. 

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

15 board to be known as the Oversight Board for Wounded 

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

17 Board’’). 

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

19 composed of 12 members, of whom—

20 (1) two shall be appointed by the majority lead21 er of the Senate; 

22 (2) two shall be appointed by the minority lead23 er of the Senate; 

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

25 the House of Representatives; 
36

•HR 1538 EH

1 (4) two shall be appointed by the minority lead2 er of the House of Representatives; 

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

4 Veterans Affairs; and 

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

6 Defense. 

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

8 Board shall have sufficient knowledge of, or experience 

9 with, the military healthcare system, the disability evalua10 tion system, or the experience of a recovering service mem11 ber or family member of a recovering service member. 

12 (d) APPOINTMENT.—

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

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

15 A member may be reappointed for one or more addi16 tional terms. 

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

18 Board shall be filled in the same manner in which 

19 the original appointment was made. 

20 (e) DUTIES.—

21 (1) ADVICE AND CONSULTATION.—The Over22 sight Board shall provide advice and consultation to 

23 the Secretary of Defense and the Committees on 

24 Armed Services of the Senate and the House of Rep25 resentatives regarding—
37

•HR 1538 EH

1 (A) the process for streamlining the dis2 ability evaluation systems of the military de3 partments; 

4 (B) the process for correcting and improv5 ing the ratios of case managers and service 

6 member advocates to recovering service mem7 bers; 

8 (C) the need to revise Department of De9 fense policies to improve the experience of re10 covering service members while under Depart11 ment of Defense care; 

12 (D) the need to revise Department of De13 fense policies to improve counseling, outreach, 

14 and general services provided to family mem15 bers of recovering service members; 

16 (E) the need to revise Department of De17 fense policies regarding the provision of quality 

18 lodging to recovering service members; and 

19 (F) such other matters relating to the eval20 uation and care of recovering service members, 

21 including evaluation under disability evaluation 

22 systems, as the Board considers appropriate. 

23 (2) VISITS TO MILITARY MEDICAL TREATMENT

24 FACILITIES.—In carrying out its duties, each mem25 ber of the Oversight Board shall visit not less than 
38

•HR 1538 EH

1 three military medical treatment facilities each year, 

2 and the Board shall conduct each year one meeting 

3 of all the members of the Board at a military med4 ical treatment facility. 

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

6 services of at least two officials or employees of the De7 partment of Defense to provide support and assistance to 

8 members of the Oversight Board. 

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

10 Board shall be allowed travel expenses, including per diem 

11 in lieu of subsistence, at rates authorized for employees 

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

13 United States Code, while away from their homes or reg14 ular places of business in the performance of service for 

15 the Oversight Board. 

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

17 submit to the Secretary of Defense and the Committees 

18 on Armed Services of the Senate and the House of Rep19 resentatives each year a report on its activities during the 

20 preceding year, including any findings and recommenda21 tions of the Oversight Board as a result of such activities. 
39

•HR 1538 EH

1 SEC. 114. OPTION FOR MEMBERS OF RESERVE COMPO2 NENTS TO USE MILITARY MEDICAL TREAT3 MENT FACILITIES CLOSEST TO HOME FOR 

4 CERTAIN INJURIES. 

5 The Secretary of Defense shall provide that, in the 

6 case of members of the reserve components returning from 

7 a combat theater, if a member requires treatment on an 

8 outpatient basis for injuries or wounds sustained in the9 ater, the member may be provided treatment at the mili10 tary medical treatment facility closest to the member’s 

11 home rather than closest to the base from which the mem12 ber was deployed. 

13 SEC. 115. PLANS AND RESEARCH FOR REDUCING POST 

14 TRAUMATIC STRESS DISORDER. 

15 (a) PLANS FOR REDUCING POST TRAUMATIC STRESS

16 DISORDER.—

17 (1) PLAN FOR PREVENTION.—

18 (A) IN GENERAL.—The Secretary of De19 fense shall develop a plan to incorporate evi20 dence-based preventive and early-intervention 

21 measures, practices, or procedures that reduce 

22 the likelihood that personnel in combat will de23 velop post-traumatic stress disorder or other 

24 stress-related psychopathologies (including sub25 stance use conditions) into—
40

•HR 1538 EH

1 (i) basic and pre-deployment training 

2 for enlisted members of the Armed Forces, 

3 noncommissioned officers, and officers; 

4 (ii) combat theater operations; and 

5 (iii) post-deployment service. 

6 (B) UPDATES.—The Secretary of Defense 

7 shall update the plan under subparagraph (A) 

8 periodically to incorporate, as the Secretary 

9 considers appropriate, the results of relevant re10 search, including research conducted pursuant 

11 to subsection (b). 

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

13 Secretary of Defense shall develop a plan, in con14 sultation with the Department of Veterans Affairs, 

15 the National Institutes of Health, and the National 

16 Academy of Sciences, to conduct such research as is 

17 necessary to develop the plan described in paragraph 

18 (1). 

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

20 (1) WORKING GROUP.—The Secretary of De21 fense shall conduct a study, in coordination with the 

22 Department of Veterans Affairs, the National Insti23 tutes of Health, and the National Academy of 

24 Sciences’ Institute of Medicine, to determine the fea25 sibility of establishing a working group tasked with 
41

•HR 1538 EH

1 researching and developing evidence-based measures, 

2 practices, or procedures that reduce the likelihood 

3 that personnel in combat will develop post-traumatic 

4 stress disorder or other stress-related psychological 

5 pathologies (including substance use conditions). 

6 The working group shall include personnel with ex7 perience in a combat theater, and behavioral health 

8 personnel who have experience providing treatment 

9 to individuals with experience in a combat theater. 

10 (2) PEER-REVIEWED RESEARCH PROGRAM.—

11 Not later than 180 days after the date of the enact12 ment of this Act, the Secretary of Defense shall sub13 mit to Congress a plan for a peer-reviewed research 

14 program within the Defense Health Program’s re15 search and development function to research and de16 velop evidence-based preventive and early interven17 tion measures, practices, or procedures that reduce 

18 the likelihood that personnel in combat will develop 

19 post-traumatic stress disorder or other stress-related 

20 psychopathologies (including substance use condi21 tions). 

22 (c) REPORT.—The Secretary of Defense shall submit 

23 to Congress annually a report on the plans and studies 

24 required under this section. 
42

•HR 1538 EH

1 TITLE II—STUDIES AND 

2 REPORTS 

3 SEC. 201. ANNUAL REPORT ON MILITARY MEDICAL FACILI4 TIES. 

5 (a) IN GENERAL.—

6 (1) REPORT REQUIREMENT.—Chapter 23 of 

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

8 at the end the following new section: 

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

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

11 which the President submits the budget for a fiscal year 

12 to Congress pursuant to section 1105 of title 31, the Sec13 retary of Defense shall submit to the Committees on 

14 Armed Services of the Senate and the House of Represent15 atives a report on the adequacy, suitability, and quality 

16 of medical facilities and medical-related support facilities 

17 at each military installation within the Department of De18 fense. 

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

20 Secretary of Defense shall include in each report informa21 tion regarding—

22 ‘‘(1) any deficiencies in the adequacy, quality, 

23 or state of repair of medical-related support facilities 

24 raised as a result of information received during the 

25 period covered by the report through the toll-free hot 
43

•HR 1538 EH

1 line maintained pursuant to section 1567 of this 

2 title; and 

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

4 action prepared under such section to respond to 

5 such deficiencies. 

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

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

8 any facility of the Department of Defense that provides 

9 support to any of the following: 

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

11 treatment to military medical treatment facilities. 

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

13 military medical treatment facilities as an out14 patient. 

15 ‘‘(3) Family members accompanying any mem16 ber described in paragraph (1) or (2) as a nonmed17 ical attendant.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended 

20 by adding at the end the following new item:

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

21 (b) EFFECTIVE DATE.—The first report under sec22 tion 490 of title 10, United States Code, as added by sub23 section (a), shall be submitted not later than the date of 

24 submission of the budget for fiscal year 2009. 
44

•HR 1538 EH

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 

9 of this Act and annually thereafter by the inspectors gen10 eral 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 fa14 cility conducted under subsection (a) to the post 

15 commander at such facility, the commanding officer 

16 of the hospital affiliated with such facility, the sur17 geon general of the military department that oper18 ates such hospital, the Secretary of the military de19 partment concerned, the Assistant Secretary of De20 fense for Health Affairs, the Oversight Board for 

21 Wounded Warriors established pursuant to section 

22 112, and the appropriate congressional committees; 

23 and 

24 (2) post each such report on the Internet 

25 website of such regional medical command. 
45

•HR 1538 EH

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 De7 partment of Defense and the Department of Veterans Af8 fairs for 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 Sec17 retary of Defense and the Secretary of Veterans Affairs 

18 shall consider the findings and recommendations of the 

19 Veterans’ Disability Benefits Commission established pur20 suant to title XV of the National Defense Authorization 

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

22 1101 note). 

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

24 of the submission of the final report of the Veterans’ Dis25 ability Benefits Commission, the Secretary of Defense and 
46

•HR 1538 EH

1 the Secretary of Veterans Affairs shall submit to Congress 

2 a report containing—

3 (1) the results of the evaluation; and 

4 (2) the recommendations of the Secretaries for 

5 improving the consistency of the two disability eval6 uation systems and such other recommendations as 

7 the Secretaries consider appropriate. 

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

9 FAMILIES OF RECOVERING SERVICE MEM10 BERS. 

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

12 shall conduct a study of the provision of support services 

13 for families of recovering service members. 

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

16 (1) A determination of the types of support 

17 services that are currently provided by the Depart18 ment of Defense to family members described in 

19 subsection (c), and the cost of providing such serv20 ices. 

21 (2) A determination of additional types of sup22 port services that would be feasible for the Depart23 ment to provide to such family members, and the 

24 costs of providing such services, including the fol25 lowing types of services: 
47

•HR 1538 EH

1 (A) The provision of medical care at mili2 tary medical treatment facilities. 

3 (B) The provision of job placement services 

4 offered by the Department of Defense to any 

5 family member caring for a recovering service 

6 member for more than 45 days during a one7 year period. 

8 (C) The provision of meals without charge 

9 at military medical treatment facilities. 

10 (3) A survey of military medical treatment fa11 cilities to estimate the number of family members to 

12 whom the support services would be provided. 

13 (4) A determination of any discrimination in 

14 employment that such family members experience, 

15 including denial of retention in employment, pro16 motion, or any benefit of employment by an em17 ployer on the basis of the person’s absence from em18 ployment as described in subsection (c), and a deter19 mination, in consultation with the Secretary of 

20 Labor, of the options available for such family mem21 bers. 

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

23 described in this subsection is a family member of a recov24 ering service member who is—
48

•HR 1538 EH

1 (1) on invitational orders while caring for the 

2 recovering service member; 

3 (2) a non-medical attendee caring for the recov4 ering service member; or 

5 (3) receiving per diem payments from the De6 partment of Defense while caring for the recovering 

7 service member. 

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

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

10 shall submit to the Committees on Armed Services of the 

11 Senate and the House of Representatives a report on the 

12 results of the study, with such findings and recommenda13 tions as the Secretary considers appropriate. 

14 SEC. 205. REPORT ON TRAUMATIC BRAIN INJURY CLASSI15 FICATIONS. 

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

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

18 Defense shall submit to the Committees on Armed Serv19 ices of the Senate and the House of Representatives an 

20 interim report describing the changes undertaken within 

21 the Department of Defense to ensure that traumatic brain 

22 injury victims receive a proper medical designation con23 comitant with their injury as opposed to the current med24 ical designation which assigns a generic ‘‘organic psy25 chiatric disorder’’ classification. 
49

•HR 1538 EH

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

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

3 Defense shall submit to the Committees on Armed Serv4 ices of the Senate and the House of Representatives a 

5 final report concerning traumatic brain injury classifica6 tions and an explanation and justification of the Depart7 ment’s use of the international classification of disease 

8 (ICD) 9 designation, recommendations for transitioning to 

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

10 experiences from using ICD 10. 

11 SEC. 206. EVALUATION OF THE POLYTRAUMA LIAISON OF12 FICER/NON-COMMISSIONED OFFICER PRO13 GRAM. 

14 (a) EVALUATION REQUIRED.—The Secretary of De15 fense shall conduct an evaluation of the Polytrauma Liai16 son Officer/Non-Commissioned Officer program, which is 

17 the program operated by each of the military departments 

18 and the Department of Veterans Affairs for the purpose 

19 of—

20 (1) assisting in the seamless transition of mem21 bers of the Armed Forces from the Department of 

22 Defense health care system to the Department of 

23 Veterans Affairs system; and 
50

•HR 1538 EH

1 (2) expediting the flow of information and com2 munication between military treatment facilities and 

3 the Veterans Affairs Polytrauma Centers. 

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

5 Polytrauma Liaison Officer/Non-Commissioned Officer 

6 program shall include evaluating the following areas: 

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

8 areas: 

9 (A) Handling of military patient transfers. 

10 (B) Ability to access military records in a 

11 timely manner. 

12 (C) Collaboration with Polytrauma Center 

13 treatment teams. 

14 (D) Collaboration with Veteran Service Or15 ganizations. 

16 (E) Functioning as the Polytrauma Cen17 ter’s subject-matter expert on military issues. 

18 (F) Supporting and assisting family mem19 bers. 

20 (G) Providing education, information, and 

21 referrals to members of the Armed Forces and 

22 their family members. 

23 (H) Functioning as uniformed advocates 

24 for members of the Armed Forces and their 

25 family members. 
51

•HR 1538 EH

1 (I) Inclusion in Polytrauma Center meet2 ings. 

3 (J) Completion of required administrative 

4 reporting. 

5 (K) Ability to provide necessary adminis6 trative support to all members of the Armed 

7 Forces. 

8 (2) Manpower requirements to effectively carry 

9 out all required functions of the Polytrauma Liaison 

10 Officer/Non-Commissioned Officer program given 

11 current and expected case loads. 

12 (3) Expansion of the program to incorporate 

13 Navy and Marine Corps officers and senior enlisted 

14 personnel. 

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

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to Congress a report con18 taining—

19 (1) the results of the evaluation; and 

20 (2) recommendations for any improvements in 

21 the program. 
52

•HR 1538 EH

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

2 APPOINTMENTS AT DEPARTMENT OF VET3 ERANS AFFAIRS MEDICAL FACILITIES. 

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

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

6 between the desired date for which a veteran seeks to 

7 schedule an appointment for health care at a Department 

8 of Veterans Affairs medical facility and the date on which 

9 such appointment is completed. 

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

11 under subsection (a), the Secretary shall focus on appoint12 ments scheduled and completed at Department medical fa13 cilities located in both rural and urban areas. 

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

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

16 a report to Congress containing the findings of the study 

17 under subsection (a) and recommendations for decreasing 

18 the waiting time between the desired date of an appoint19 ment and the completion of the appointment to a max20 imum of 15 days. 

21 SEC. 208. STUDY AND REPORT ON STANDARD SOLDIER PA22 TIENT TRACKING SYSTEM. 

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

24 shall conduct a study on the feasibility of developing a 

25 joint soldier tracking system for recovering service mem26 bers. 
53

•HR 1538 EH

1 (b) MATTERS COVERED.—The study under sub2 section (a) shall include the following: 

3 (1) Review of the feasibility of allowing each re4 covering service member, each family member of 

5 such a member, each commander of a military in6 stallation retaining medical holdover patients, each 

7 patient navigator, and ombudsman office personnel, 

8 at all times, to be able to locate and understand ex9 actly where a recovering service member is in the 

10 medical holdover process. 

11 (2) A determination of whether the tracking 

12 system can be designed to ensure that—

13 (A) the commander of each military med14 ical facility where recovering service members 

15 are located is able to track appointments of 

16 such members to ensure they are meeting time17 liness and other standards that serve the mem18 ber; and 

19 (B) each recovering service member is able 

20 to know when his appointments and other med21 ical evaluation board or physical evaluation 

22 board deadlines will be and that they have been 

23 scheduled in a timely and accurate manner. 
54

•HR 1538 EH

1 (3) Any other information needed to conduct 

2 oversight of care of the member through out the 

3 medical holdover process. 

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

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

6 shall submit to the Committees on Armed Services of the 

7 Senate and the House of Representatives a report on the 

8 results of the study, with such findings and recommenda9 tions as the Secretary considers appropriate. 

10 TITLE III—GENERAL 

11 PROVISIONS 

12 SEC. 301. MORATORIUM ON CONVERSION TO CONTRACTOR 

13 PERFORMANCE OF DEPARTMENT OF DE14 FENSE FUNCTIONS AT MILITARY MEDICAL 

15 FACILITIES. 

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

17 (1) The conduct of public-private competitions 

18 for the performance of Department of Defense func19 tions, based on Office of Management and Budget 

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

21 the workforce, undermining an agency’s ability to 

22 perform its mission. 

23 (2) The Army Garrison commander at the Wal24 ter Reed Army Medical Center has stated that the 

25 extended A–76 competition process contributed to 
55

•HR 1538 EH

1 the departure of highly skilled administrative and 

2 maintenance personnel, which led to the problems at 

3 the Walter Reed Army Medical Center. 

4 (b) MORATORIUM.—During the one-year period be5 ginning on the date of the enactment of this Act, no study 

6 or competition may be begun or announced pursuant to 

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

8 pursuant to Office of Management and Budget Circular 

9 A–76 relating to the possible conversion to performance 

10 by a contractor of any Department of Defense function 

11 carried out at a military medical facility . 

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

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

14 of Defense shall submit to the Committee on Armed Serv15 ices of the Senate and the Committee on Armed Services 

16 of the House of Representatives a report on the public17 private competitions being conducted for Department of 

18 Defense functions carried out at military medical facilities 

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

20 department and defense agency. Such report shall in21 clude—

22 (1) for each such competition—

23 (A) the cost of conducting the public-pri24 vate competition; 
56

•HR 1538 EH

1 (B) the number of military personnel and 

2 civilian employees of the Department of De3 fense affected; 

4 (C) the estimated savings identified and 

5 the savings actually achieved; 

6 (D) an evaluation whether the anticipated 

7 and budgeted savings can be achieved through 

8 a public-private competition; and 

9 (E) the effect of converting the perform10 ance of the function to performance by a con11 tractor on the quality of the performance of the 

12 function; 

13 (2) a description of any public-private competi14 tion the Secretary would conduct if the moratorium 

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

16 (3) an assessment of whether any method of 

17 business reform or reengineering other than a pub18 lic-private competition could, if implemented in the 

19 future, achieve any anticipated or budgeted savings. 

20 SEC. 302. PROHIBITION ON TRANSFER OF RESOURCES 

21 FROM MEDICAL CARE. 

22 Neither the Secretary of Defense nor the Secretaries 

23 of the military departments may transfer funds or per24 sonnel from medical care functions to administrative func25 tions within the Department of Defense in order to comply 
57

•HR 1538 EH

1 with the new administrative requirements imposed by this 

2 Act or the amendments made by this Act. 

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

4 DEPARTMENT OF VETERANS AFFAIRS. 

5 The Secretary of Veterans Affairs shall increase the 

6 number of resident physicians at hospitals of the Depart7 ment of Veterans Affairs. 

8 SEC. 304. VETERANS BENEFICIARY TRAVEL PROGRAM. 

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

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

11 (b) DETERMINATION OF MILEAGE REIMBURSEMENT

12 RATE.—

13 (1) DETERMINATION.—Paragraph (1) of sub14 section (g) of such section is amended to read as fol15 lows: 

16 ‘‘(1) In determining the amount of allowances or re17 imbursement to be paid under this section, the Secretary 

18 shall use the mileage reimbursement rates for the use of 

19 privately owned vehicles by Government employees on offi20 cial business, as prescribed by the Administrator of Gen21 eral Services under section 5707(b) of title 5, United 

22 States Code.’’. 

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

24 of such section is further amended by striking para25 graphs (3) and (4). 
58

•HR 1538 EH

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

2 amended by adding at the end the following new sub3 section: 

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

5 shall be appropriated separately from other amounts ap6 propriated for the Department.’’. 

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

8 this Act shall apply with respect to travel expenses in9 curred after the expiration of the 90-day period that be10 gins on the date of the enactment of this Act. 

Passed the House of Representatives March 28, 

2007. 

Attest:

Clerk. 

110TH CONGRESS 

1ST SESSION H. R. 1538

AN ACT

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 ac-