I 
110TH CONGRESS 
1ST SESSION H. R. 2048 
To facilitate the provision of care and services for members of the Armed 
Forces for traumatic brain injury, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2007 
Mr. DONNELLY (for himself, Mr. PASCRELL, Mr. PLATTS, Mr. ELLSWORTH, 
Mr. UPTON, and Mr. HILL) introduced the following bill; which was re-
ferred to the Committee on Armed Services 
A BILL 
To facilitate the provision of care and services for members 
of the Armed Forces for traumatic brain injury, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Traumatic Brain In-
jury Access to Options Act’’. 
SEC. 2. CARE AND SERVICES FOR MEMBERS OF THE 
ARMED FORCES FOR TRAUMATIC BRAIN IN-
JURY. 
(a) RETENTION ON ACTIVE DUTY.— 
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(1) IN GENERAL.—Except as provided in para-
graph (3) and subject to paragraph (4), the Sec-
retary of Defense shall prescribe regulations to en-
sure that each member of the Armed Forces who in-
curs a covered traumatic brain injury while on active 
duty in the Armed Forces shall be retained on active 
duty in the Armed Forces for one year after the 
medical assessment of their ability to perform their 
activities of daily living (ADL). 
(2) LIMITATION
ON
PHYSICAL
EVALUATION 
BOARD.—A member of the Armed Forces who is re-
tained on active duty under paragraph (1) may not 
be evaluated by a Physical Evaluation Board for 
purposes of determining the eligibility of the member 
for retirement or separation for disability under law 
during the one-year period described in that para-
graph. 
(3) ELECTION OF INAPPLICABILITY.—(A) Para-
graph (1) shall not apply to a member of the Armed 
Forces otherwise described by that paragraph— 
(i) upon the election of the member; or 
(ii) if the member is incapacitated or oth-
erwise incapable of making the election— 
(I) upon the election of the family 
member; 
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(II) upon the election of the legal 
guardian of the member under a medical 
power of attorney; or 
(III) if the member does not have any 
family members or a medical power of at-
torney, the person appointed by the Sec-
retary of the military department con-
cerned to act as the medical advocate to 
ensure the proper receipt by the member of 
such care and services for the covered 
traumatic brain injury as are available to 
the member through the Department of 
Defense. 
(B) In any case where a family member or legal 
guardian of a member of the Armed Forces is 
present, the medical advocate shall provide a written 
summary of benefits from the Department of De-
fense and the Department of Veterans Affairs that 
are available to the member of the Armed Forces for 
the injury or injuries involved. 
(C) Any individual who carries out the duties of 
a medical advocate under this paragraph shall re-
ceive such training for the discharge of such duties, 
including training in applicable protocols of the De-
partment of Defense and the Department of Vet-
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erans Affairs, as the Secretary of Defense (in con-
sultation with the Secretary of Veterans Affairs) 
considers appropriate. 
(D) The Secretary of Defense shall prescribe 
regulations to carry out this paragraph. 
(4) EXTENSION OF PERIOD OF RETENTION ON 
ACTIVE DUTY.—The period of retention of a member 
of the Armed Forces on active duty under paragraph 
(1) may be such period longer than the period other-
wise provided under that paragraph as the Secretary 
of the military department concerned considers ap-
propriate in light of the medical progress of the 
member for the covered traumatic brain injury, as 
determined by such Secretary in consultation with 
the medical personnel providing care to the member 
for the covered traumatic brain injury and the fam-
ily member, legal guardian, or medical advocate of 
the member. 
(5) PURPOSES
OF
RETENTION
ON
ACTIVE 
DUTY.—The purposes of retaining a member of the 
Armed Forces on active duty under paragraph (1) 
shall include, but not be limited to, the following: 
(A) The provision of recurring medical 
evaluations of the member for the effects of a 
covered traumatic brain injury. 
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(B) The provision of cognitive therapy for 
the member for a covered traumatic brain in-
jury, including cognitive therapy through med-
ical facilities of the Veterans Administration 
and private rehabilitation hospitals or facilities 
with the cost of such therapy borne by the De-
partment of Defense. 
(6) SUNSET.—This subsection shall expire on 
the date that is five years after the date of the en-
actment of this Act. However, any member of the 
Armed Forces retained on active duty under para-
graph (1) before that date may be retained on active 
duty in accordance with this subsection after that 
date. 
(b) COMPTROLLER
GENERAL
ASSESSMENTS
OF 
CARE AND SERVICES PROVIDED BY DEPARTMENT OF DE-
FENSE AND DEPARTMENT OF VETERANS AFFAIRS.—Not 
later than two years after the date of the enactment of 
this Act, and every year thereafter, the Comptroller Gen-
eral of the United States shall submit to Congress a report 
assessing the discrepancies in benefits and services avail-
able to members of the Armed Forces on active duty and 
medically retired members of the Armed Forces with trau-
matic brain injuries. Each such report shall identify and 
address such discrepancies. 
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(c) DEADLINE FOR REGULATIONS.—The Secretary of 
Defense shall prescribe the regulations required by this 
section not later than 90 days after the date of the enact-
ment of this Act. 
(d) COVERED
TRAUMATIC
BRAIN
INJURY
DE-
FINED.—In this section, the term ‘‘covered traumatic 
brain injury’’, in the case of a member of the Armed 
Forces, means a traumatic brain injury as a result of 
which the member is unable to perform the activities of 
daily living (ADL) for a period of least five consecutive 
days from the date of medical assessment. 
Æ 
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