(3) The treatment (including any patient disclo-
sure requirements) must be used by the health care 
provider delivering the treatment. 
(4) The patient receiving the treatment must 
demonstrate an improvement as a result of the 
treatment on one or more of the following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments. 
(C) Neurological imaging. 
(D) Clinical examination. 
(5) The patient receiving the treatment must be 
receiving the treatment voluntarily. 
(6) The patient receiving the treatment may not 
be a retired member of the uniformed services or of 
the Armed Forces who is over the age of 65 and en-
titled to benefits under part A, or eligible to enroll 
under part B, of title XVIII of the Social Security 
Act. 
(c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex-
cept as provided in this subsection (b), no restriction or 
condition for reimbursement may be placed on any health 
care provider that is operating lawfully under the laws of 
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the State in which the provider is located with respect to 
the receipt of payment under this Act. 
(d) PAYMENT DEADLINE.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall make a pay-
ment for a treatment pursuant to subsection (a) not later 
than 30 days after a member of the Armed Forces or vet-
eran (or health care provider on behalf of such member 
or veteran) submits to the Secretary documentation re-
garding the treatment. The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the docu-
mentation required under this subsection may not be an 
undue burden on the member of the Armed Forces or vet-
eran or on the health care provider. 
(e) PAYMENT AUTHORITY.— 
(1) DEPARTMENT
OF
DEFENSE.—The Sec-
retary of Defense shall make payments under this 
section for treatments received by members of the 
Armed Forces using the authority in subsection 
(c)(1) of section 1074 of title 10, United States 
Code. 
(2) DEPARTMENT
OF
VETERANS
AFFAIRS.— 
The Secretary of Veterans Affairs shall make pay-
ments under this section for treatments received by 
veterans using the authority in section 1728 of title 
38, United States Code. 
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(f) PAYMENT AMOUNT.—A payment under this Act 
shall be made at the equivalent Centers for Medicare and 
Medicaid Services reimbursement rate in effect for appro-
priate treatment codes for the State or territory in which 
the treatment is received. If no such rate is in effect, pay-
ment shall be made at a fair market rate, as determined 
by the Secretary of Defense, in consultation with the Sec-
retary of Health and Human Services, with respect to a 
patient who is a member of the Armed Forces or the Sec-
retary of Veterans Affairs with respect to a patient who 
is a veteran. 
(g) DATA COLLECTION AND AVAILABILITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly 
develop and maintain a database containing data 
from each patient case involving the use of a treat-
ment under this section. The Secretaries shall en-
sure that the database preserves confidentiality and 
be made available only— 
(A) for third-party payer examination; 
(B) to the appropriate congressional com-
mittees and employees of the Department of 
Defense, the Department of Veterans Affairs, 
the Department of Health and Human Services, 
and appropriate State agencies; and 
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(C) to the primary investigator of the insti-
tutional review board that approved the treat-
ment, in the case of data relating to a patient 
case involving the use of such treatment. 
(2) ENROLLMENT IN INSTITUTIONAL REVIEW 
BOARD STUDY.—In the case of a patient enrolled in 
a registered institutional review board study, results 
may be publically distributable in accordance with 
the regulations prescribed pursuant to the Health 
Insurance Portability and Accountability Act of 
1996 (Public Law 104–191) and other regulations 
and practices in effect as of the date of the enact-
ment of this Act. 
(3) 
QUALIFIED
INSTITUTIONAL
REVIEW 
BOARDS.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall each ensure that the 
Internet Web site of their respective departments in-
cludes a list of all civilian institutional review board 
studies that have received a payment under this Act. 
(h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
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member a permissive temporary duty in order to 
permit the member to receive treatment for trau-
matic brain injury or post-traumatic stress disorder, 
for which payments shall be made under subsection 
(a), at a location beyond reasonable commuting dis-
tance of the member’s permanent duty station. 
(2) PAYMENT OF PER DIEM.—A member who is 
away from the member’s permanent station may be 
paid a per diem in lieu of subsistence in an amount 
not more than the amount to which the member 
would be entitled if the member were performing 
travel in connection with a temporary duty assign-
ment. 
(3) GIFT RULE WAIVER.—Notwithstanding any 
rule of any department or agency with respect to 
ethics or the receipt of gifts, any assistance provided 
to a member of the Armed Forces with a service- 
connected injury or disability for travel, meals, or 
entertainment incidental to receiving treatment 
under this Act, or for the provision of such treat-
ment, shall not be subject to or covered by any such 
rule. 
(i) RETALIATION PROHIBITED.—No retaliation may 
be made against any member of the Armed Forces or vet-
eran who receives treatment as part of registered institu-
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tional review board study carried out by a civilian health 
care practitioner. 
(j) TREATMENT OF UNIVERSITY AND NATIONALLY 
ACCREDITED
INSTITUTIONAL
REVIEW
BOARDS.—For 
purposes of this Act, a university-affiliated or nationally 
accredited institutional review board shall be treated in the 
same manner as a Government institutional review board. 
(k) MEMORANDA OF UNDERSTANDING.—The Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall seek to expeditiously enter into memoranda of under-
standings with civilian institutional review boards de-
scribed in subsection (j) for the purpose of providing for 
members of the Armed Forces and veterans to receive 
treatment carried out by civilian health care practitioners 
under a treatment approved by and under the oversight 
of civilian institutional review boards that would qualify 
for payment under this Act. 
(l) OUTREACH REQUIRED.— 
(1) OUTREACH TO VETERANS.—The Secretary 
of Veterans Affairs shall notify each veteran with a 
service-connected injury or disability of the oppor-
tunity to receive treatment pursuant to this Act. 
(2) OUTREACH TO MEMBERS OF THE ARMED 
FORCES.—The Secretary of Defense shall notify 
each member of the Armed Forces with a service- 
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connected injury or disability of the opportunity to 
receive treatment pursuant to this Act. 
(m) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary of Defense and the Secretary of Veterans Affairs 
are authorized to make payments under this Act, the Sec-
retaries shall jointly submit to Congress an annual report 
on the implementation of this Act. Such report shall in-
clude each of the following for that fiscal year: 
(1) The number of individuals for whom the 
Secretary has provided payments under this Act. 
(2) The condition for which each such indi-
vidual receives treatment for which payment is pro-
vided under this Act and the success rate of each 
such treatment. 
(3) Treatment methods that are used by enti-
ties receiving payment provided under this Act and 
the respective rate of success of each such method. 
(4) The recommendations of the Secretaries 
with respect to the integration of treatment methods 
for which payment is provided under this Act into 
facilities of the Department of Defense and Depart-
ment of Veterans Affairs. 
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(n) TERMINATION.—The authority to make a pay-
ment under this Act shall terminate on the date that is 
five years after the date of the enactment of this Act. 
(o) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this Act 
$10,000,000 for each fiscal year during which the Sec-
retary of Veterans Affairs and the Secretary of Defense 
are authorized to make payments under this Act. 
Æ 
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