1181 
HR 4986 RDS 
pay or other monetary benefits to which such member 
would be entitled based on the member’s military record 
as corrected shall be reduced to take into account receipt 
of such lump-sum or other payment in such manner as 
the Secretary of Defense considers appropriate. 
‘‘(3) If the Physical Disability Board of Review 
makes a recommendation not to correct the military 
records of a covered individual, the action taken on the 
report of the Physical Evaluation Board to which such rec-
ommendation relates shall be treated as final as of the 
date of such action. 
‘‘(f) REGULATIONS.—(1) This section shall be carried 
out in accordance with regulations prescribed by the Sec-
retary of Defense. 
‘‘(2) The regulations under paragraph (1) shall speci-
fy reasonable deadlines for the performance of reviews re-
quired by this section. 
‘‘(3) The regulations under paragraph (1) shall speci-
fy the effect of a determination or pending determination 
of a Physical Evaluation Board on considerations by 
boards for correction of military records under section 
1552 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 79 of such title is 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01181
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1182 
HR 4986 RDS 
amended by inserting after the item relating to sec-
tion 1554 the following new item: 
‘‘1554a. Review of separation with disability rating of 20 percent disabled or 
less.’’. 
(b) IMPLEMENTATION.—The Secretary of Defense 
shall establish the board of review required by section 
1554a of title 10, United States Code (as added by sub-
section (a)), and prescribe the regulations required by 
such section, not later than 90 days after the date of the 
enactment of this Act. 
SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IM-
PROVE THE DISABILITY EVALUATION SYS-
TEM FOR MEMBERS OF THE ARMED FORCES. 
(a) PILOT PROGRAMS.— 
(1) PROGRAMS
AUTHORIZED.—For the pur-
poses set forth in subsection (c), the Secretary of 
Defense may establish and conduct pilot programs 
with respect to the system of the Department of De-
fense for the evaluation of the disabilities of mem-
bers of the Armed Forces who are being separated 
or retired from the Armed Forces for disability 
under chapter 61 of title 10, United States Code (in 
this section referred to as the ‘‘disability evaluation 
system’’). 
(2) TYPES OF PILOT PROGRAMS.—In carrying 
out this section, the Secretary of Defense may con-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01182
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1183 
HR 4986 RDS 
duct one or more of the pilot programs described in 
paragraphs (1) through (3) of subsection (b) or such 
other pilot programs as the Secretary of Defense 
considers appropriate. 
(3) CONSULTATION.—In establishing and con-
ducting any pilot program under this section, the 
Secretary of Defense shall consult with the Secretary 
of Veterans Affairs. 
(b) SCOPE OF PILOT PROGRAMS.— 
(1) DISABILITY DETERMINATIONS BY DOD UTI-
LIZING
VA
ASSIGNED
DISABILITY
RATING.—Under 
one of the pilot programs authorized by subsection 
(a), for purposes of making a determination of dis-
ability of a member of the Armed Forces under sec-
tion 1201(b) of title 10, United States Code, for the 
retirement, separation, or placement of the member 
on the temporary disability retired list under chapter 
61 of such title, upon a determination by the Sec-
retary of the military department concerned that the 
member is unfit to perform the duties of the mem-
ber’s office, grade, rank, or rating because of a 
physical disability as described in section 1201(a) of 
such title— 
(A) the Secretary of Veterans Affairs 
may— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01183
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1184 
HR 4986 RDS 
(i) conduct an evaluation of the mem-
ber for physical disability; and 
(ii) assign the member a rating of dis-
ability in accordance with the schedule for 
rating disabilities utilized by the Secretary 
of Veterans Affairs based on all medical 
conditions (whether individually or collec-
tively) that render the member unfit for 
duty; and 
(B) the Secretary of the military depart-
ment concerned may make the determination of 
disability regarding the member utilizing the 
rating of disability assigned under subpara-
graph (A)(ii). 
(2) DISABILITY
DETERMINATIONS
UTILIZING 
JOINT
DOD/VA
ASSIGNED
DISABILITY
RATING.— 
Under one of the pilot programs authorized by sub-
section (a), in making a determination of disability 
of a member of the Armed Forces under section 
1201(b) of title 10, United States Code, for the re-
tirement, separation, or placement of the member on 
the temporary disability retired list under chapter 61 
of such title, the Secretary of the military depart-
ment concerned may, upon determining that the 
member is unfit to perform the duties of the mem-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01184
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1185 
HR 4986 RDS 
ber’s office, grade, rank, or rating because of a 
physical disability as described in section 1201(a) of 
such title— 
(A) provide for the joint evaluation of the 
member for disability by the Secretary of the 
military department concerned and the Sec-
retary of Veterans Affairs, including the assign-
ment of a rating of disability for the member in 
accordance with the schedule for rating disabil-
ities utilized by the Secretary of Veterans Af-
fairs based on all medical conditions (whether 
individually or collectively) that render the 
member unfit for duty; and 
(B) make the determination of disability 
regarding the member utilizing the rating of 
disability assigned under subparagraph (A). 
(3) ELECTRONIC
CLEARING
HOUSE.—Under 
one of the pilot programs authorized by subsection 
(a), the Secretary of Defense may establish and op-
erate a single Internet website for the disability eval-
uation system of the Department of Defense that 
enables participating members of the Armed Forces 
to fully utilize such system through the Internet, 
with such Internet website to include the following: 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01185
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1186 
HR 4986 RDS 
(A) The availability of any forms required 
for the utilization of the disability evaluation 
system by members of the Armed Forces under 
the system. 
(B) Secure mechanisms for the submission 
of such forms by members of the Armed Forces 
under the system, and for the tracking of the 
acceptance and review of any forms so sub-
mitted. 
(C) Secure mechanisms for advising mem-
bers of the Armed Forces under the system of 
any additional information, forms, or other 
items that are required for the acceptance and 
review of any forms so submitted. 
(D) The continuous availability of assist-
ance to members of the Armed Forces under 
the system (including assistance through the 
caseworkers assigned to such members of the 
Armed Forces) in submitting and tracking such 
forms, including assistance in obtaining infor-
mation, forms, or other items described by sub-
paragraph (C). 
(E) Secure mechanisms to request and re-
ceive personnel files or other personnel records 
of members of the Armed Forces under the sys-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01186
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1188 
HR 4986 RDS 
(B) identify and implement or seek the 
modification of statutory or administrative poli-
cies and requirements applicable to the dis-
ability evaluation system that— 
(i) are unnecessary or contrary to ap-
plicable best practices of civilian employers 
and civilian healthcare systems; or 
(ii) otherwise result in hardship, arbi-
trary, or inconsistent outcomes for mem-
bers of the Armed Forces, or unwarranted 
inefficiencies and delays; 
(C) eliminate material variations in poli-
cies, interpretations, and overall performance 
standards among the military departments 
under the disability evaluation system; and 
(D) determine whether it enhances the ca-
pability of the Department of Veterans Affairs 
to receive and determine claims from members 
of the Armed Forces for compensation, pension, 
hospitalization, or other veterans benefits. 
(2) In conjunction with the findings and rec-
ommendations of applicable Presidential and De-
partment of Defense study groups, to provide for the 
eventual development of revised and improved prac-
tices and procedures for the disability evaluation sys-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01188
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1189 
HR 4986 RDS 
tem in order to achieve the objectives set forth in 
paragraph (1). 
(d) UTILIZATION OF RESULTS IN UPDATES OF COM-
PREHENSIVE
POLICY
ON
CARE, MANAGEMENT, AND 
TRANSITION OF RECOVERING SERVICE MEMBERS.—The 
Secretary of Defense and the Secretary of Veterans Af-
fairs, acting jointly, may incorporate responses to any 
findings and recommendations arising under the pilot pro-
grams conducted under subsection (a) in updating the 
comprehensive policy on the care and management of cov-
ered service members under section 1611(a)(4). 
(e) CONSTRUCTION WITH OTHER AUTHORITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
carrying out a pilot program under subsection (a)— 
(A) the rules and regulations of the De-
partment of Defense and the Department of 
Veterans Affairs relating to methods of deter-
mining fitness or unfitness for duty and dis-
ability ratings for members of the Armed 
Forces shall apply to the pilot program only to 
the extent provided in the report on the pilot 
program under subsection (g)(1); and 
(B) the Secretary of Defense and the Sec-
retary of Veterans Affairs may waive any provi-
sion of title 10, 37, or 38, United States Code, 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01189
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1190 
HR 4986 RDS 
relating to methods of determining fitness or 
unfitness for duty and disability ratings for 
members of the Armed Forces if the Secretaries 
determine in writing that the application of 
such provision would be inconsistent with the 
purpose of the pilot program. 
(2) LIMITATION.—Nothing in paragraph (1) 
shall be construed to authorize the waiver of any 
provision of section 1216a of title 10, United States 
Code, as added by section 1642 of this Act. 
(f) DURATION.—Each pilot program conducted under 
subsection (a) shall be completed not later than one year 
after the date of the commencement of such pilot program 
under that subsection. 
(g) REPORTS.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate 
committees of Congress a report on each pilot pro-
gram that has been commenced as of that date 
under subsection (a). The report shall include— 
(A) a description of the scope and objec-
tives of the pilot program; 
(B) a description of the methodology to be 
used under the pilot program to ensure rapid 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01190
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1191 
HR 4986 RDS 
identification under such pilot program of re-
vised or improved practices under the disability 
evaluation system in order to achieve the objec-
tives set forth in subsection (c)(1); and 
(C) a statement of any provision described 
in subsection (e)(1)(B) that will not apply to 
the pilot program by reason of a waiver under 
that subsection. 
(2) INTERIM
REPORT.—Not later than 180 
days after the date of the submittal of the report re-
quired by paragraph (1) with respect to a pilot pro-
gram, the Secretary shall submit to the appropriate 
committees of Congress a report describing the cur-
rent status of the pilot program. 
(3) FINAL REPORT.—Not later than 90 days 
after the completion of all of the pilot programs con-
ducted under subsection (a), the Secretary shall sub-
mit to the appropriate committees of Congress a re-
port setting forth a final evaluation and assessment 
of the pilot programs. The report shall include such 
recommendations for legislative or administrative ac-
tion as the Secretary considers appropriate in light 
of such pilot programs. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01191
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1192 
HR 4986 RDS 
SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE 
TO DEFICIENCIES IN THE ARMY PHYSICAL 
DISABILITY EVALUATION SYSTEM. 
(a) REPORTS REQUIRED.—Not later than June 1, 
2008, and June 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on the implementation of corrective measures by the De-
partment of Defense with respect to the Physical Dis-
ability Evaluation System (PDES) in response to the fol-
lowing: 
(1) The report of the Inspector General of the 
Army on that system of March 6, 2007. 
(2) The report of the Independent Review 
Group on Rehabilitation Care and Administrative 
Processes at Walter Reed Army Medical Center and 
National Naval Medical Center. 
(3) The report of the Department of Veterans 
Affairs Task Force on Returning Global War on 
Terror Heroes. 
(b) ELEMENTS OF REPORT.—Each report under sub-
section (a) shall include current information on the fol-
lowing: 
(1) The total number of cases, and the number 
of cases involving combat disabled service members, 
pending resolution before the Medical and Physical 
Disability Evaluation Boards of the Army, including 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01192
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1193 
HR 4986 RDS 
information on the number of members of the Army 
who have been in a medical hold or holdover status 
for more than each of 100, 200, and 300 days. 
(2) The status of the implementation of modi-
fications to disability evaluation processes of the De-
partment of Defense in response to the following: 
(A) The report of the Inspector General on 
such processes dated March 6, 2007. 
(B) The report of the Independent Review 
Group on Rehabilitation Care and Administra-
tive Processes at Walter Reed Army Medical 
Center and National Naval Medical Center. 
(C) The report of the Department of Vet-
erans Affairs Task Force on Returning Global 
War on Terror Heroes. 
(c) POSTING
ON INTERNET.—Not later than 24 
hours after submitting a report under subsection (a), the 
Secretary shall post such report on the Internet website 
of the Department of Defense that is available to the pub-
lic. 
SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY 
FOR MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1212 of title 10, United 
States Code, is amended— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01193
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1195 
HR 4986 RDS 
(b) NO DEDUCTION FROM COMPENSATION OF SEV-
ERANCE PAY FOR DISABILITIES INCURRED IN COMBAT 
ZONES.—Subsection (d) of such section, as redesignated 
by subsection (a)(2) of this section, is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) by striking the second sentence; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2) No deduction may be made under paragraph (1) 
in the case of disability severance pay received by a mem-
ber for a disability incurred in line of duty in a combat 
zone or incurred during performance of duty in combat- 
related operations as designated by the Secretary of De-
fense. 
‘‘(3) No deduction may be made under paragraph (1) 
from any death compensation to which a member’s de-
pendents become entitled after the member’s death.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, and shall apply with respect to members of 
the Armed Forces separated from the Armed Forces 
under chapter 61 of title 10, United States Code, on or 
after that date. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01195
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1196 
HR 4986 RDS 
SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FU-
TURE ROLE OF TEMPORARY DISABILITY RE-
TIRED LIST. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report containing— 
(1) a statistical history since January 1, 2000, 
of the numbers of members of the Armed Forces 
who are returned to duty or separated following a 
tenure on the temporary disability retired list and, 
in the case of members who were separated, how 
many of the members were granted disability separa-
tion or retirement and what were their disability rat-
ings; 
(2) the results of the assessments required by 
subsection (b); and 
(3) such recommendations for the modification 
or improvement of the temporary disability retired 
list as the Secretary considers appropriate in re-
sponse to the assessments. 
(b) REQUIRED ASSESSMENTS.—The assessments re-
quired to be conducted as part of the report under sub-
section (a) are the following: 
(1) An assessment of the continuing utility of 
the temporary disability retired list in satisfying the 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01196
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1197 
HR 4986 RDS 
purposes for which the temporary disability retired 
list was established. 
(2) An assessment of the need to require that 
the condition of a member be permanent and stable 
before the member is separated with less than a 30 
percent disability rating prior to exceeding the max-
imum tenure allowed on the temporary disability re-
tired list. 
(3) An assessment of the future role of the tem-
porary disability retired list in the Disability Evalua-
tion System of the Department of Defense and the 
changes in policy and law required to fulfill the fu-
ture role of the temporary disability retire list. 
SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREAT-
MENT 
FACILITIES, 
SPECIALTY 
MEDICAL 
CARE FACILITIES, AND MILITARY QUARTERS 
HOUSING PATIENTS AND ANNUAL REPORT 
ON SUCH FACILITIES. 
(a) ESTABLISHMENT
OF STANDARDS.—The Sec-
retary of Defense shall establish for the military facilities 
of the Department of Defense and the military depart-
ments referred to in subsection (b) standards with respect 
to the matters set forth in subsection (c). To the max-
imum extent practicable, the standards shall— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01197
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1198 
HR 4986 RDS 
(1) be uniform and consistent for all such facili-
ties; and 
(2) be uniform and consistent throughout the 
Department of Defense and the military depart-
ments. 
(b) COVERED MILITARY FACILITIES.—The military 
facilities covered by this section are the following: 
(1) Military medical treatment facilities. 
(2) Specialty medical care facilities. 
(3) Military quarters or leased housing for pa-
tients. 
(c) SCOPE OF STANDARDS.—The standards required 
by subsection (a) shall include the following: 
(1) Generally accepted standards for the ac-
creditation of medical facilities, or for facilities used 
to quarter individuals that may require medical su-
pervision, as applicable, in the United States. 
(2) To the extent not inconsistent with the 
standards described in paragraph (1), minimally ac-
ceptable conditions for the following: 
(A) Appearance and maintenance of facili-
ties generally, including the structure and roofs 
of facilities. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01198
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1199 
HR 4986 RDS 
(B) Size, appearance, and maintenance of 
rooms housing or utilized by patients, including 
furniture and amenities in such rooms. 
(C) Operation and maintenance of primary 
and back-up facility utility systems and other 
systems required for patient care, including 
electrical systems, plumbing systems, heating, 
ventilation, and air conditioning systems, com-
munications systems, fire protection systems, 
energy management systems, and other systems 
required for patient care. 
(D) Compliance of facilities, rooms, and 
grounds, to the maximum extent practicable, 
with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
(E) Such other matters relating to the ap-
pearance, size, operation, and maintenance of 
facilities and rooms as the Secretary considers 
appropriate. 
(d) COMPLIANCE WITH STANDARDS.— 
(1) 
DEADLINE.—In 
establishing 
standards 
under subsection (a), the Secretary shall specify a 
deadline for compliance with such standards by each 
facility referred to in subsection (b). The deadline 
shall be at the earliest date practicable after the 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01199
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1200 
HR 4986 RDS 
date of the enactment of this Act, and shall, to the 
maximum extent practicable, be uniform across the 
facilities referred to in subsection (b). 
(2) INVESTMENT.—In carrying out this section, 
the Secretary shall also establish guidelines for in-
vestment to be utilized by the Department of De-
fense and the military departments in determining 
the allocation of financial resources to facilities re-
ferred to in subsection (b) in order to meet the dead-
line specified under paragraph (1). 
(e) REPORT ON DEVELOPMENT AND IMPLEMENTA-
TION OF STANDARDS.— 
(1) IN
GENERAL.—Not later than March 1, 
2008, the Secretary shall submit to the congres-
sional defense committees a report on the actions 
taken to carry out subsection (a). 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) The standards established under sub-
section (a). 
(B) An assessment of the appearance, con-
dition, and maintenance of each facility referred 
to in subsection (b), including— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01200
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1201 
HR 4986 RDS 
(i) an assessment of the compliance of 
the facility with the standards established 
under subsection (a); and 
(ii) a description of any deficiency or 
noncompliance in each facility with the 
standards. 
(C) A description of the investment to be 
allocated to address each deficiency or non-
compliance 
identified 
under 
subparagraph 
(B)(ii). 
(f) ANNUAL REPORT.—Not later than the date on 
which the President submits the budget for a fiscal year 
to Congress pursuant to section 1105 of title 31, United 
States Code, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report on the adequacy, suitability, and 
quality of each facility referred to in subsection (b). The 
Secretary shall include in each report information regard-
ing— 
(1) any deficiencies in the adequacy, quality, or 
state of repair of medical-related support facilities 
raised as a result of information received during the 
period covered by the report through the toll-free hot 
line required by section 1616; and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01201
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1202 
HR 4986 RDS 
(2) the investigations conducted and plans of 
action prepared under such section to respond to 
such deficiencies. 
SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN 
RESPONSE TO DEFICIENCIES IDENTIFIED AT 
WALTER REED ARMY MEDICAL CENTER, DIS-
TRICT OF COLUMBIA. 
Not later than 30 days after the date of the enact-
ment of this Act, and every 180 days thereafter until 
March 1, 2009, the Secretary of Defense shall submit to 
the congressional defense committees a report on the im-
plementation of the Army Medical Action Plan to correct 
deficiencies identified in the condition of facilities and pa-
tient administration. 
SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION 
WITH CLOSURE OF WALTER REED ARMY 
MEDICAL CENTER, DISTRICT OF COLUMBIA. 
(a) CERTIFICATIONS.—In implementing the decision 
to close Walter Reed Army Medical Center, District of Co-
lumbia, required as a result of the 2005 round of defense 
base closure and realignment under the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; U.S.C. 2687 note), the Secretary 
of Defense shall submit to the congressional defense com-
mittees a certification of each of the following: 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01202
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1203 
HR 4986 RDS 
(1) That a transition plan has been developed, 
and resources have been committed, to ensure that 
patient care services, medical operations, and facili-
ties are sustained at the highest possible level at 
Walter Reed Army Medical Center until facilities to 
replace Walter Reed Army Medical Center are 
staffed and ready to assume at least the same level 
of care previously provided at Walter Reed Army 
Medical Center. 
(2) That the closure of Walter Reed Army Med-
ical Center will not result in a net loss of capacity 
in the major medical centers in the National Capitol 
Region in terms of total bed capacity or staffed bed 
capacity. 
(3) That the capacity of medical hold and out- 
patient lodging facilities operating at Walter Reed 
Army Medical Center as of the date of the certifi-
cation will be available in sufficient quantities at the 
facilities designated to replace Walter Reed Army 
Medical Center by the date of the closure of Walter 
Reed Army Medical Center. 
(b) TIME FOR SUBMITTAL.—The Secretary shall sub-
mit the certifications required by subsection (a) not later 
than 90 days after the date of the enactment of this Act. 
If the Secretary is unable to make one or more of the cer-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01203
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1204 
HR 4986 RDS 
tifications by the end of the 90-day period, the Secretary 
shall notify the congressional defense committees of the 
delay and the reasons for the delay. 
SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED 
FORCES ON COMPENSATION AND BENEFITS 
AVAILABLE FOR SERIOUS INJURIES AND ILL-
NESSES. 
(a) INFORMATION
ON AVAILABLE COMPENSATION 
AND BENEFITS.—Not later than October 1, 2008, the 
Secretary of Defense shall develop and maintain, in hand-
book and electronic form, a comprehensive description of 
the compensation and other benefits to which a member 
of the Armed Forces, and the family of such member, 
would be entitled upon the separation or retirement of the 
member from the Armed Forces as a result of a serious 
injury or illness. The handbook shall set forth the range 
of such compensation and benefits based on grade, length 
of service, degree of disability at separation or retirement, 
and such other factors affecting such compensation and 
benefits as the Secretary considers appropriate. 
(b) CONSULTATION.—The Secretary of Defense shall 
develop and maintain the comprehensive description re-
quired by subsection (a), including the handbook and elec-
tronic form of the description, in consultation with the 
Secretary of Veterans Affairs, the Secretary of Health and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01204
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1205 
HR 4986 RDS 
Human Services, and the Commissioner of Social Secu-
rity. 
(c) UPDATE.—The Secretary of Defense shall update 
the comprehensive description required by subsection (a), 
including the handbook and electronic form of the descrip-
tion, on a periodic basis, but not less often than annually. 
(d) PROVISION TO MEMBERS.—The Secretary of the 
military department concerned shall provide the descrip-
tive handbook under subsection (a) to each member of the 
Armed Forces described in that subsection as soon as 
practicable following the injury or illness qualifying the 
member for coverage under such subsection. 
(e) PROVISION TO REPRESENTATIVES.—If a member 
is incapacitated or otherwise unable to receive the descrip-
tive handbook to be provided under subsection (a), the 
handbook shall be provided to the next of kin or a legal 
representative of the member, as determined in accordance 
with regulations prescribed by the Secretary of the mili-
tary department concerned for purposes of this section. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01205
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1206 
HR 4986 RDS 
Subtitle E—Studies and Reports 
SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND 
OTHER READJUSTMENT NEEDS OF MEMBERS 
AND FORMER MEMBERS OF THE ARMED 
FORCES 
WHO 
DEPLOYED 
IN 
OPERATION 
IRAQI FREEDOM AND OPERATION ENDURING 
FREEDOM AND THEIR FAMILIES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall, in consultation with the Secretary of Veterans Af-
fairs, enter into an agreement with the National Academy 
of Sciences for a study on the physical and mental health 
and other readjustment needs of members and former 
members of the Armed Forces who deployed in Operation 
Iraqi Freedom or Operation Enduring Freedom and their 
families as a result of such deployment. 
(b) PHASES.—The study required under subsection 
(a) shall consist of two phases: 
(1) A preliminary phase, to be completed not 
later than one year after the date of the enactment 
of this Act— 
(A) to identify preliminary findings on the 
physical and mental health and other readjust-
ment needs described in subsection (a) and on 
gaps in care for the members, former members, 
and families described in that subsection; and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01206
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1211 
HR 4986 RDS 
tional Academy of Sciences requires in order to carry out 
the study required under subsection (a). 
(e) PRIVACY OF INFORMATION.—The National Acad-
emy of Sciences shall maintain any personally identifiable 
information accessed by the Academy in carrying out the 
study required under subsection (a) in accordance with all 
applicable laws, protections, and best practices regarding 
the privacy of such information, and may not permit ac-
cess to such information by any persons or entities not 
engaged in work under the study. 
(f) 
REPORTS
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Upon the completion of each phase of the 
study required under subsection (a), the National Acad-
emy of Sciences shall submit to the Secretary of Defense, 
the Secretary of Veterans Affairs, and the congressional 
defense committees a report on such phase of the study. 
(g) DOD AND VA RESPONSE TO NAS REPORTS.— 
Not later than 90 days after the receipt of a report under 
subsection (f) on each phase of the study required under 
subsection (a), the Secretary of Defense and the Secretary 
of Veterans Affairs shall develop a final joint Department 
of Defense-Department of Veterans Affairs response to 
the findings and recommendations of the National Acad-
emy of Sciences contained in such report. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01211
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1212 
HR 4986 RDS 
SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO 
ADEQUATE OUTPATIENT RESIDENTIAL FA-
CILITIES. 
(a) REQUIRED INSPECTIONS
OF FACILITIES.—All 
quarters of the United States and housing facilities under 
the jurisdiction of the Armed Forces that are occupied by 
recovering service members shall be inspected on a semi-
annual basis for the first two years after the enactment 
of this Act and annually thereafter by the inspectors gen-
eral of the regional medical commands. 
(b) INSPECTOR GENERAL REPORTS.—The inspector 
general for each regional medical command shall— 
(1) submit a report on each inspection of a fa-
cility conducted under subsection (a) to the post 
commander at such facility, the commanding officer 
of the hospital affiliated with such facility, the sur-
geon general of the military department that oper-
ates such hospital, the Secretary of the military de-
partment concerned, the Assistant Secretary of De-
fense for Health Affairs, and the congressional de-
fense committees; and 
(2) post each such report on the Internet 
website of such regional medical command. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01212
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1213 
HR 4986 RDS 
SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES 
FOR FAMILIES OF RECOVERING SERVICE 
MEMBERS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study of the provision of support services 
for families of recovering service members. 
(b) MATTERS COVERED.—The study under sub-
section (a) shall include the following: 
(1) A determination of the types of support 
services, including job placement services, that are 
currently provided by the Department of Defense to 
eligible family members, and the cost of providing 
such services. 
(2) A determination of additional types of sup-
port services that would be feasible for the Depart-
ment to provide to such family members, and the 
costs of providing such services, including the fol-
lowing types of services: 
(A) The provision of medical care at mili-
tary medical treatment facilities. 
(B) The provision of additional employ-
ment services, and the need for employment 
protection, of such family members who are 
placed on leave from employment or otherwise 
displaced from employment while caring for a 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01213
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1214 
HR 4986 RDS 
recovering service member for more than 45 
days during a one-year period. 
(C) The provision of meals without charge 
at military medical treatment facilities. 
(3) A survey of military medical treatment fa-
cilities to estimate the number of family members to 
whom the support services would be provided. 
(4) A determination of any discrimination in 
employment that such family members experience, 
including denial of retention in employment, pro-
motion, or any benefit of employment by an em-
ployer on the basis of the person’s absence from em-
ployment, and a determination, in consultation with 
the Secretary of Labor, of the options available for 
such family members. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the 
results of the study, with such findings and recommenda-
tions as the Secretary considers appropriate. 
SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSI-
FICATIONS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Sec-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01214
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1215 
HR 4986 RDS 
retary of Veterans Affairs jointly shall submit to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives a report describing the changes under-
taken within the Department of Defense and the Depart-
ment of Veterans Affairs to ensure that traumatic brain 
injury victims receive a medical designation concomitant 
with their injury rather than a medical designation that 
assigns a generic classification (such as ‘‘organic psy-
chiatric disorder’’). 
SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OF-
FICER/NON-COMMISSIONED 
OFFICER 
PRO-
GRAM. 
(a) EVALUATION REQUIRED.—The Secretary of De-
fense shall conduct an evaluation of the Polytrauma Liai-
son Officer/Non-Commissioned Officer program, which is 
the program operated by each of the military departments 
and the Department of Veterans Affairs for the purpose 
of— 
(1) assisting in the seamless transition of mem-
bers of the Armed Forces from the Department of 
Defense health care system to the Department of 
Veterans Affairs system; and 
(2) expediting the flow of information and com-
munication between military treatment facilities and 
the Veterans Affairs Polytrauma Centers. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01215
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1216 
HR 4986 RDS 
(b) MATTERS COVERED.—The evaluation of the 
Polytrauma Liaison Officer/Non-Commissioned Officer 
program shall include an evaluation of the following: 
(1) The program’s effectiveness in the following 
areas: 
(A) Handling of military patient transfers. 
(B) Ability to access military records in a 
timely manner. 
(C) Collaboration with Polytrauma Center 
treatment teams. 
(D) Collaboration with veteran service or-
ganizations. 
(E) Functioning as the Polytrauma Cen-
ter’s subject-matter expert on military issues. 
(F) Supporting and assisting family mem-
bers. 
(G) Providing education, information, and 
referrals to members of the Armed Forces and 
their family members. 
(H) Functioning as uniformed advocates 
for members of the Armed Forces and their 
family members. 
(I) Inclusion in Polytrauma Center meet-
ings. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01216
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1217 
HR 4986 RDS 
(J) Completion of required administrative 
reporting. 
(K) Ability to provide necessary adminis-
trative support to all members of the Armed 
Forces. 
(2) Manpower requirements to effectively carry 
out all required functions of the Polytrauma Liaison 
Officer/Non-Commissioned Officer program given 
current and expected case loads. 
(3) Expansion of the program to incorporate 
Navy and Marine Corps officers and senior enlisted 
personnel. 
(c) REPORTING REQUIREMENT.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report con-
taining— 
(1) the results of the evaluation; and 
(2) recommendations for any improvements in 
the program. 
Subtitle F—Other Matters 
SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES 
FROM MEDICAL CARE. 
Neither the Secretary of Defense nor the Secretaries 
of the military departments may transfer funds or per-
sonnel from medical care functions to administrative func-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01217
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1218 
HR 4986 RDS 
tions within the Department of Defense in order to comply 
with the new administrative requirements imposed by this 
title or the amendments made by this title. 
SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF 
THE ARMED FORCES RECOVERING FROM SE-
RIOUS INJURIES OR ILLNESSES. 
(a) MEDICAL CARE AT MILITARY MEDICAL FACILI-
TIES.— 
(1) MEDICAL CARE.—A family member of a re-
covering service member who is not otherwise eligible 
for medical care at a military medical treatment fa-
cility may be eligible for such care at such facilities, 
on a space-available basis, if the family member is— 
(A) on invitational orders while caring for 
the service member; 
(B) a non-medical attendee caring for the 
service member; or 
(C) receiving per diem payments from the 
Department of Defense while caring for the 
service member. 
(2) SPECIFICATION OF FAMILY MEMBERS.—The 
Secretary of Defense may prescribe in regulations 
the family members of recovering service members 
who shall be considered to be a family member of a 
service member for purposes of this subsection. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01218
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1219 
HR 4986 RDS 
(3) SPECIFICATION OF CARE.—The Secretary 
of Defense shall prescribe in regulations the medical 
care that may be available to family members under 
this subsection at military medical treatment facili-
ties. 
(4) RECOVERY OF COSTS.—The United States 
may recover the costs of the provision of medical 
care under this subsection as follows (as applicable): 
(A) From third-party payers, in the same 
manner as the United States may collect costs 
of the charges of health care provided to cov-
ered beneficiaries from third-party payers under 
section 1095 of title 10, United States Code. 
(B) As if such care was provided under the 
authority of section 1784 of title 38, United 
States Code. 
(b) MEDICAL CARE AT DEPARTMENT OF VETERANS 
AFFAIRS MEDICAL FACILITIES.— 
(1) MEDICAL CARE.—When a recovering service 
member is receiving hospital care and medical serv-
ices at a medical facility of the Department of Vet-
erans Affairs, the Secretary of Veterans Affairs may 
provide medical care for eligible family members 
under this section when that care is readily available 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01219
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1220 
HR 4986 RDS 
at that Department facility and on a space-available 
basis. 
(2) REGULATIONS.—The Secretary of Veterans 
Affairs shall prescribe in regulations the medical 
care that may be available to family members under 
this subsection at medical facilities of the Depart-
ment of Veterans Affairs. 
SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM 
FOR MEMBERS OF THE ARMED FORCES DE-
PLOYED OVERSEAS. 
(a) PROTOCOL
FOR ASSESSMENT
OF COGNITIVE 
FUNCTIONING.— 
(1) PROTOCOL REQUIRED.—Subsection (b) of 
section 1074f of title 10, United States Code, is 
amended— 
(A) in paragraph (2), by adding at the end 
the following new subparagraph: 
‘‘(C) An assessment of post-traumatic stress 
disorder.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3)(A) The Secretary shall establish for purposes of 
subparagraphs (B) and (C) of paragraph (2) a protocol 
for the predeployment assessment and documentation of 
the cognitive (including memory) functioning of a member 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01220
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1221 
HR 4986 RDS 
who is deployed outside the United States in order to fa-
cilitate the assessment of the postdeployment cognitive 
(including memory) functioning of the member. 
‘‘(B) The protocol under subparagraph (A) shall in-
clude appropriate mechanisms to permit the differential 
diagnosis of traumatic brain injury in members returning 
from deployment in a combat zone.’’. 
(2) PILOT PROJECTS.—(A) In developing the 
protocol required by paragraph (3) of section 
1074f(b) of title 10, United States Code (as amend-
ed by paragraph (1) of this subsection), for purposes 
of assessments for traumatic brain injury, the Sec-
retary of Defense shall conduct up to three pilot 
projects to evaluate various mechanisms for use in 
the protocol for such purposes. One of the mecha-
nisms to be so evaluated shall be a computer-based 
assessment tool which shall, at a minimum, include 
the following: 
(i) 
Administration 
of 
computer-based 
neurocognitive assessment. 
(ii) Pre-deployment assessments to estab-
lish a neurocognitive baseline for members of 
the Armed Forces for future treatment. 
(B) Not later than 60 days after the completion 
of the pilot projects conducted under this paragraph, 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01221
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1222 
HR 4986 RDS 
the Secretary shall submit to the appropriate com-
mittees of Congress a report on the pilot projects. 
The report shall include— 
(i) a description of the pilot projects so 
conducted; 
(ii) an assessment of the results of each 
such pilot project; and 
(iii) a description of any mechanisms eval-
uated under each such pilot project that will be 
incorporated into the protocol. 
(C) Not later than 180 days after completion of 
the pilot projects conducted under this paragraph, 
the Secretary shall establish a means for imple-
menting any mechanism evaluated under such a 
pilot project that is selected for incorporation in the 
protocol. 
(b) QUALITY ASSURANCE.—Subsection (d)(2) of sec-
tion 1074f of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(F) The diagnosis and treatment of traumatic 
brain injury and post-traumatic stress disorder.’’. 
(c) STANDARDS FOR DEPLOYMENT.—Subsection (f) 
of such section is amended— 
(1) in the subsection heading, by striking 
‘‘MENTAL HEALTH’’; and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01222
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1223 
HR 4986 RDS 
(2) in paragraph (2)(B), by striking ‘‘or’’ and 
inserting ‘‘, traumatic brain injury, or’’. 
SEC. 1674. GUARANTEED FUNDING FOR WALTER REED 
ARMY MEDICAL CENTER, DISTRICT OF CO-
LUMBIA. 
(a) MINIMUM FUNDING.—The amount of funds avail-
able for the commander of Walter Reed Army Medical 
Center, District of Columbia, for a fiscal year shall be not 
less than the amount expended by the commander of Wal-
ter Reed Army Medical Center in fiscal year 2006 until 
the first fiscal year beginning after the date on which the 
Secretary of Defense submits to the congressional defense 
committees a plan for the provision of health care for mili-
tary beneficiaries and their dependents in the National 
Capital Region. 
(b) MATTERS COVERED.—The plan under subsection 
(a) shall at a minimum include— 
(1) the manner in which patients, staff, bed ca-
pacity, and functions will move from the Walter 
Reed Army Medical Center to expanded facilities; 
(2) a timeline, including milestones, for such 
moves; 
(3) projected budgets, including planned budget 
transfers, for military treatment facilities within the 
region; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01223
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1224 
HR 4986 RDS 
(4) the management or disposition of real prop-
erty of military treatment facilities within the re-
gion; and 
(5) staffing projections for the region. 
(c) CERTIFICATION.—After submission of the plan 
under subsection (a) to the congressional defense commit-
tees, the Secretary shall certify to such committees on a 
quarterly basis that patients, staff, bed capacity, func-
tions, or parts of functions at Walter Reed Army Medical 
Center have not been moved or disestablished until the 
expanded facilities at the National Naval Medical Center, 
Bethesda, Maryland, and DeWitt Army Community Hos-
pital, Fort Belvoir, Virginia, are completed, equipped, and 
staffed with sufficient capacity to accept and provide, at 
a minimum, the same level of and access to care as pa-
tients received at Walter Reed Army Medical Center dur-
ing fiscal year 2006. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘expanded facilities’’ means the 
other two military hospitals/medical centers within 
the National Capital Region, namely— 
(A) the National Naval Medical Center, 
Bethesda, Maryland (or its successor resulting 
from implementation of the recommendations of 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01224
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1225 
HR 4986 RDS 
the 2005 Defense Base Closure and Realign-
ment Commission); and 
(B) the DeWitt Army Community Hos-
pital, Fort Belvoir, Virginia. 
(2) The term ‘‘National Capital Region’’ has 
the meaning given that term in section 2674(f) of 
title 10, United States Code. 
SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUND-
ED VETERANS WHO ARE FEDERAL EMPLOY-
EES. 
(a) IN GENERAL.—Section 6333(b) of title 5, United 
States Code, is amended— 
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The requirement under paragraph (1) relat-
ing to exhaustion of annual and sick leave shall not apply 
in the case of a leave recipient who— 
‘‘(i) sustains a combat-related disability while a 
member of the armed forces, including a reserve 
component of the armed forces; and 
‘‘(ii) is undergoing medical treatment for that 
disability. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01225
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1226 
HR 4986 RDS 
‘‘(B) Subparagraph (A) shall apply to a member de-
scribed in such subparagraph only so long as the member 
continues to undergo medical treatment for the disability, 
but in no event for longer than 5 years from the start 
of such treatment. 
‘‘(C) For purposes of this paragraph— 
‘‘(i) the term ‘combat-related disability’ has the 
meaning given such term by section 1413a(e) of title 
10; and 
‘‘(ii) the term ‘medical treatment’ has such 
meaning as the Office of Personnel Management 
shall by regulation prescribe.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, except that, in the case of a leave recipi-
ent who is undergoing medical treatment on such date of 
enactment, section 6333(b)(2)(B) of title 5, United States 
Code (as amended by this section) shall be applied as if 
it had been amended by inserting ‘‘or the date of the en-
actment of this subsection, whichever is later’’ after ‘‘the 
start of such treatment’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01226
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1227 
HR 4986 RDS 
SEC. 
1676. 
MORATORIUM 
ON 
CONVERSION 
TO 
CON-
TRACTOR PERFORMANCE OF DEPARTMENT 
OF DEFENSE FUNCTIONS AT MILITARY MED-
ICAL FACILITIES. 
(a) MORATORIUM.—No study or competition may be 
begun or announced pursuant to section 2461 of title 10, 
United States Code, or otherwise pursuant to Office of 
Management and Budget circular A-76, relating to the 
possible conversion to performance by a contractor of any 
Department of Defense function carried out at a military 
medical facility until the Secretary of Defense— 
(1) submits the certification required by sub-
section (b) to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of 
the House of Representatives together with a de-
scription of the steps taken by the Secretary in ac-
cordance with the certification; and 
(2) submits the report required by subsection 
(c). 
(b) CERTIFICATION.—The certification referred to in 
paragraph (a)(1) is a certification that the Secretary has 
taken appropriate steps to ensure that neither the quality 
of military medical care nor the availability of qualified 
personnel to carry out Department of Defense functions 
related to military medical care will be adversely affected 
by either— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01227
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1228 
HR 4986 RDS 
(1) the process of considering a Department of 
Defense function carried out at a military medical 
facility for possible conversion to performance by a 
contractor; or 
(2) the conversion of such a function to per-
formance by a contractor. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services 
of the House of Representatives a report on the public- 
private competitions being conducted for Department of 
Defense functions carried out at military medical facilities 
as of the date of the enactment of this Act by each military 
department and defense agency. Such report shall in-
clude— 
(1) for each such competition— 
(A) the cost of conducting the public-pri-
vate competition; 
(B) the number of military personnel and 
civilian employees of the Department of De-
fense affected; 
(C) the estimated savings identified and 
the savings actually achieved; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01228
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1229 
HR 4986 RDS 
(D) an evaluation whether the anticipated 
and budgeted savings can be achieved through 
a public-private competition; and 
(E) the effect of converting the perform-
ance of the function to performance by a con-
tractor on the quality of the performance of the 
function; and 
(2) an assessment of whether any method of 
business reform or reengineering other than a pub-
lic-private competition could, if implemented in the 
future, achieve any anticipated or budgeted savings. 
TITLE XVII—VETERANS 
MATTERS 
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the 
rehabilitation and reintegration of veterans with traumatic 
brain injury. 
Sec. 1702. Individual rehabilitation and community reintegration plans for vet-
erans and others with traumatic brain injury. 
Sec. 1703. Use of non-Department of Veterans Affairs facilities for implemen-
tation of rehabilitation and community reintegration plans for 
traumatic brain injury. 
Sec. 1704. Research, education, and clinical care program on traumatic brain 
injury. 
Sec. 1705. Pilot program on assisted living services for veterans with traumatic 
brain injury. 
Sec. 1706. Provision of age-appropriate nursing home care. 
Sec. 1707. Extension of period of eligibility for health care for veterans of com-
bat service during certain periods of hostilities and war. 
Sec. 1708. Service-connection and assessments for mental health conditions in 
veterans. 
Sec. 1709. Modification of requirements for furnishing outpatient dental serv-
ices to veterans with service-connected dental conditions or dis-
abilities. 
Sec. 1710. Clarification of purpose of outreach services program of Department 
of Veterans Affairs. 
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 
Servicemembers’ Group Life Insurance. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01229
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1230 
HR 4986 RDS 
SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VET-
ERANS AFFAIRS EFFORTS IN THE REHABILI-
TATION AND REINTEGRATION OF VETERANS 
WITH TRAUMATIC BRAIN INJURY. 
It is the sense of Congress that— 
(1) the Department of Veterans Affairs is a 
leader in the field of traumatic brain injury care and 
coordination of such care; 
(2) the Department of Veterans Affairs should 
have the capacity and expertise to provide veterans 
who have a traumatic brain injury with patient-cen-
tered health care, rehabilitation, and community in-
tegration services that are comparable to or exceed 
similar care and services available to persons with 
such injuries in the academic and private sector; 
(3) rehabilitation for veterans who have a trau-
matic brain injury should be individualized, com-
prehensive, and interdisciplinary with the goals of 
optimizing the independence of such veterans and 
reintegrating them into their communities; 
(4) family support is integral to the rehabilita-
tion and community reintegration of veterans who 
have sustained a traumatic brain injury, and the De-
partment should provide the families of such vet-
erans with education and support; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01230
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1231 
HR 4986 RDS 
(5) the Department of Defense and the Depart-
ment of Veterans Affairs have made efforts to pro-
vide a smooth transition of medical care and reha-
bilitative services to individuals as they transition 
from the health care system of the Department of 
Defense to that of the Department of Veterans Af-
fairs, but more can be done to assist veterans and 
their families in the continuum of the rehabilitation, 
recovery, and reintegration of wounded or injured 
veterans into their communities; 
(6) in planning for rehabilitation and commu-
nity reintegration of veterans who have a traumatic 
brain injury, it is necessary for the Department of 
Veterans Affairs to provide a system for life-long 
case management for such veterans; and 
(7) in such system for life-long case manage-
ment, it is necessary to conduct outreach and to tai-
lor specialized traumatic brain injury case manage-
ment and outreach to the unique needs of veterans 
with traumatic brain injury who reside in urban and 
non-urban settings. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01231
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1232 
HR 4986 RDS 
SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY 
REINTEGRATION PLANS FOR VETERANS AND 
OTHERS WITH TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—Subchapter II of chapter 17 of 
title 38, United States Code, is amended by inserting after 
section 1710B the following new sections: 
‘‘§ 1710C. Traumatic brain injury: plans for rehabili-
tation and reintegration into the commu-
nity 
‘‘(a) PLAN REQUIRED.—The Secretary shall, for each 
individual who is a veteran or member of the Armed 
Forces who receives inpatient or outpatient rehabilitative 
hospital care or medical services provided by the Depart-
ment for a traumatic brain injury— 
‘‘(1) develop an individualized plan for the re-
habilitation and reintegration of the individual into 
the community; and 
‘‘(2) provide such plan in writing to the indi-
vidual— 
‘‘(A) in the case of an individual receiving 
inpatient care, before the individual is dis-
charged from inpatient care or after the individ-
ual’s transition from serving on active duty as 
a member of the Armed Forces to receiving out-
patient care provided by the Department; or 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01232
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1233 
HR 4986 RDS 
‘‘(B) as soon as practicable following a di-
agnosis of traumatic brain injury by a Depart-
ment health care provider. 
‘‘(b) CONTENTS
OF PLAN.—Each plan developed 
under subsection (a) shall include, for the individual cov-
ered by such plan, the following: 
‘‘(1) Rehabilitation objectives for improving the 
physical, cognitive, and vocational functioning of the 
individual with the goal of maximizing the independ-
ence and reintegration of such individual into the 
community. 
‘‘(2) Access, as warranted, to all appropriate re-
habilitative components of the traumatic brain in-
jury continuum of care, and where appropriate, to 
long-term care services. 
‘‘(3) A description of specific rehabilitative 
treatments and other services to achieve the objec-
tives described in paragraph (1), which shall set 
forth the type, frequency, duration, and location of 
such treatments and services. 
‘‘(4) The name of the case manager designated 
in accordance with subsection (d) to be responsible 
for the implementation of such plan. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01233
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1234 
HR 4986 RDS 
‘‘(5) Dates on which the effectiveness of such 
plan will be reviewed in accordance with subsection 
(f). 
‘‘(c) COMPREHENSIVE ASSESSMENT.—(1) Each plan 
developed under subsection (a) shall be based on a com-
prehensive assessment, developed in accordance with para-
graph (2), of— 
‘‘(A) the physical, cognitive, vocational, and 
neuropsychological and social impairments of the in-
dividual; and 
‘‘(B) the family education and family support 
needs of the individual after the individual is dis-
charged from inpatient care or at the commence-
ment of and during the receipt of outpatient care 
and services. 
‘‘(2) The comprehensive assessment required under 
paragraph (1) with respect to an individual is a com-
prehensive assessment of the matters set forth in that 
paragraph by a team, composed by the Secretary for pur-
poses of the assessment, of individuals with expertise in 
traumatic brain injury, including any of the following: 
‘‘(A) A neurologist. 
‘‘(B) A rehabilitation physician. 
‘‘(C) A social worker. 
‘‘(D) A neuropsychologist. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01234
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1235 
HR 4986 RDS 
‘‘(E) A physical therapist. 
‘‘(F) A vocational rehabilitation specialist. 
‘‘(G) An occupational therapist. 
‘‘(H) A speech language pathologist. 
‘‘(I) A rehabilitation nurse. 
‘‘(J) An educational therapist. 
‘‘(K) An audiologist. 
‘‘(L) A blind rehabilitation specialist. 
‘‘(M) A recreational therapist. 
‘‘(N) A low vision optometrist. 
‘‘(O) An orthotist or prosthetist. 
‘‘(P) An assistive technologist or rehabilitation 
engineer. 
‘‘(Q) An otolaryngology physician. 
‘‘(R) A dietician. 
‘‘(S) An opthamologist. 
‘‘(T) A psychiatrist. 
‘‘(d) CASE MANAGER.—(1) The Secretary shall des-
ignate a case manager for each individual described in 
subsection (a) to be responsible for the implementation of 
the plan developed for that individual under that sub-
section and the coordination of the individual’s medical 
care. 
‘‘(2) The Secretary shall ensure that each case man-
ager has specific expertise in the care required by the indi-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01235
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1236 
HR 4986 RDS 
vidual for whom the case manager is designated, regard-
less of whether the case manager obtains such expertise 
through experience, education, or training. 
‘‘(e) PARTICIPATION AND COLLABORATION IN DE-
VELOPMENT OF PLANS.—(1) The Secretary shall involve 
each individual described in subsection (a), and the family 
or legal guardian of such individual, in the development 
of the plan for such individual under that subsection to 
the maximum extent practicable. 
‘‘(2) The Secretary shall collaborate in the develop-
ment of a plan for an individual under subsection (a) with 
a State protection and advocacy system if— 
‘‘(A) the individual covered by the plan requests 
such collaboration; or 
‘‘(B) in the case of such an individual who is 
incapacitated, the family or guardian of the indi-
vidual requests such collaboration. 
‘‘(3) In the case of a plan required by subsection (a) 
for a member of the Armed Forces who is serving on ac-
tive duty, the Secretary shall collaborate with the Sec-
retary of Defense in the development of such plan. 
‘‘(4) In developing vocational rehabilitation objectives 
required under subsection (b)(1) and in conducting the as-
sessment required under subsection (c), the Secretary 
shall act through the Under Secretary for Health in co-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01236
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1237 
HR 4986 RDS 
ordination with the Vocational Rehabilitation and Employ-
ment Service of the Department of Veterans Affairs. 
‘‘(f) EVALUATION.— 
‘‘(1) PERIODIC REVIEW BY SECRETARY.—The 
Secretary shall periodically review the effectiveness 
of each plan developed under subsection (a). The 
Secretary shall refine each such plan as the Sec-
retary considers appropriate in light of such review. 
‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In 
addition to the periodic review required by para-
graph (1), the Secretary shall conduct a review of 
the plan for an individual under paragraph (1) at 
the request of the individual, or in the case of an in-
dividual who is incapacitated, at the request of the 
guardian or designee of the individual. 
‘‘(g) STATE DESIGNATED PROTECTION AND ADVO-
CACY SYSTEM DEFINED.—In this section, the term ‘State 
protection and advocacy system’ means a system estab-
lished in a State under subtitle C of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15041 et seq.) to protect and advocate for the 
rights of persons with development disabilities. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01237
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1238 
HR 4986 RDS 
‘‘§ 1710D. Traumatic brain injury: comprehensive 
program for long-term rehabilitation 
‘‘(a) COMPREHENSIVE
PROGRAM.—In developing 
plans for the rehabilitation and reintegration of individ-
uals with traumatic brain injury under section 1710C of 
this title, the Secretary shall develop and carry out a com-
prehensive program of long-term care for post-acute trau-
matic brain injury rehabilitation that includes residential, 
community, and home-based components utilizing inter-
disciplinary treatment teams. 
‘‘(b) LOCATION OF PROGRAM.—The Secretary shall 
carry out the program developed under subsection (a) in 
each Department polytrauma rehabilitation center des-
ignated by the Secretary. 
‘‘(c) ELIGIBILITY.—A veteran is eligible for care 
under the program developed under subsection (a) if the 
veteran is otherwise eligible to receive hospital care and 
medical services under section 1710 of this title and— 
‘‘(1) served on active duty in a theater of com-
bat operations (as determined by the Secretary in 
consultation with the Secretary of Defense) during a 
period of war after the Persian Gulf War, or in com-
bat against a hostile force during a period of hos-
tilities (as defined in section 1712A(a)(2)(B) of this 
title) after November 11, 1998; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01238
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1239 
HR 4986 RDS 
‘‘(2) is diagnosed as suffering from moderate to 
severe traumatic brain injury; and 
‘‘(3) is unable to manage routine activities of 
daily living without supervision or assistance, as de-
termined by the Secretary. 
‘‘(d) REPORT.—Not later than one year after the 
date of the enactment of this section, and annually there-
after, the Secretary shall submit to the Committees on 
Veterans’ Affairs of the Senate and the House of Rep-
resentatives a report containing the following information: 
‘‘(1) A description of the operation of the pro-
gram. 
‘‘(2) The number of veterans provided care 
under the program during the year preceding such 
report. 
‘‘(3) The cost of operating the program during 
the year preceding such report.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1710B the following new 
items: 
‘‘1710C. Traumatic brain injury: plans for rehabilitation and reintegration into 
the community. 
‘‘1710D. Traumatic brain injury: comprehensive plan for long-term rehabilita-
tion.’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01239
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1240 
HR 4986 RDS 
SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AF-
FAIRS FACILITIES FOR IMPLEMENTATION OF 
REHABILITATION 
AND 
COMMUNITY 
RE-
INTEGRATION PLANS FOR TRAUMATIC BRAIN 
INJURY. 
(a) IN GENERAL.—Subchapter II of chapter 17 of 
title 38, United States Code, is amended by inserting after 
section 1710D, as added by section 1702, the following 
new section: 
‘‘§ 1710E. Traumatic brain injury: use of non-Depart-
ment facilities for rehabilitation 
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary, 
in implementing and carrying out a plan developed under 
section 1710C of this title, may provide hospital care and 
medical services through cooperative agreements with ap-
propriate public or private entities that have established 
long-term neurobehavioral rehabilitation and recovery pro-
grams. 
‘‘(b) AUTHORITIES OF STATE PROTECTION AND AD-
VOCACY SYSTEMS.—Nothing in subtitle C of the Develop-
mental Disabilities Assistance and Bill of Rights Act of 
2000 shall be construed as preventing a State protection 
and advocacy system (as defined in section 1710C(g) of 
this title) from exercising the authorities described in such 
subtitle with respect to individuals provided rehabilitative 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01240
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1241 
HR 4986 RDS 
treatment or services under section 1710C of this title in 
a non-Department facility.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1710D, as added by sec-
tion 1702, the following new item: 
‘‘1710E. Traumatic brain injury: use of non-Departmental facilities for rehabili-
tation.’’. 
SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE 
PROGRAM ON TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—To improve the provision of 
health care by the Department of Veterans Affairs to vet-
erans with traumatic brain injuries, the Secretary of Vet-
erans Affairs shall— 
(1) conduct research, including— 
(A) research on the sequelae of mild to se-
vere forms of traumatic brain injury; 
(B) research on visually-related neuro-
logical conditions; 
(C) research on seizure disorders; 
(D) research on means of improving the 
diagnosis, rehabilitative treatment, and preven-
tion of such sequelae; 
(E) research to determine the most effec-
tive cognitive and physical therapies for such 
sequelae; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01241
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1242 
HR 4986 RDS 
(F) research on dual diagnosis of post- 
traumatic stress disorder and traumatic brain 
injury; 
(G) research on improving facilities of the 
Department concentrating on traumatic brain 
injury care; and 
(H) research on improving the delivery of 
traumatic brain injury care by the Department; 
(2) educate and train health care personnel of 
the Department in recognizing and treating trau-
matic brain injury; and 
(3) develop improved models and systems for 
the furnishing of traumatic brain injury care by the 
Department. 
(b) COLLABORATION.—In carrying out research 
under subsection (a), the Secretary of Veterans Affairs 
shall collaborate with— 
(1) facilities that conduct research on rehabili-
tation for individuals with traumatic brain injury; 
(2) facilities that receive grants for such re-
search from the National Institute on Disability and 
Rehabilitation Research of the Department of Edu-
cation; and 
(3) the Defense and Veterans Brain Injury 
Center of the Department of Defense and other rel-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01242
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1243 
HR 4986 RDS 
evant programs of the Federal Government (includ-
ing Centers of Excellence). 
(c) DISSEMINATION
OF USEFUL INFORMATION.— 
The Under Secretary of Veterans Affairs for Health shall 
ensure that information produced by the research, edu-
cation and training, and clinical activities conducted under 
this section that may be useful for other activities of the 
Veterans Health Administration is disseminated through-
out the Veterans Health Administration. 
(d) TRAUMATIC BRAIN INJURY REGISTRY.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs shall establish and maintain a registry to be 
known as the ‘‘Traumatic Brain Injury Veterans 
Health Registry’’ (in this section referred to as the 
‘‘Registry’’). 
(2) DESCRIPTION.—The Registry shall include 
the following information: 
(A) A list containing the name of each in-
dividual who served as a member of the Armed 
Forces in Operation Enduring Freedom or Op-
eration Iraqi Freedom who exhibits symptoms 
associated with traumatic brain injury, as de-
termined by the Secretary of Veterans Affairs, 
and who— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01243
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1244 
HR 4986 RDS 
(i) applies for care and services fur-
nished by the Department of Veterans Af-
fairs under chapter 17 of title 38, United 
States Code; or 
(ii) files a claim for compensation 
under chapter 11 of such title on the basis 
of any disability which may be associated 
with such service. 
(B) Any relevant medical data relating to 
the health status of an individual described in 
subparagraph (A) and any other information 
the Secretary considers relevant and appro-
priate with respect to such an individual if the 
individual— 
(i) grants permission to the Secretary 
to include such information in the Reg-
istry; or 
(ii) is deceased at the time such indi-
vidual is listed in the Registry. 
(3) NOTIFICATION.—When possible, the Sec-
retary shall notify each individual listed in the Reg-
istry of significant developments in research on the 
health consequences of military service in the Oper-
ation Enduring Freedom and Operation Iraqi Free-
dom theaters of operations. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01244
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1245 
HR 4986 RDS 
SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES 
FOR VETERANS WITH TRAUMATIC BRAIN IN-
JURY. 
(a) PILOT PROGRAM.—Beginning not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs, in collaboration with the De-
fense and Veterans Brain Injury Center of the Depart-
ment of Defense, shall carry out a five-year pilot program 
to assess the effectiveness of providing assisted living serv-
ices to eligible veterans to enhance the rehabilitation, qual-
ity of life, and community integration of such veterans. 
(b) PROGRAM LOCATIONS.— 
(1) IN GENERAL.—The pilot program shall be 
carried out at locations selected by the Secretary for 
purposes of the pilot program. Of the locations so 
selected— 
(A) at least one location shall be in each 
health care region of the Veterans Health Ad-
ministration of the Department of Veterans Af-
fairs that contains a polytrauma center of the 
Department of Veterans Affairs; and 
(B) any location other than a location de-
scribed in subparagraph (A) shall be in an area 
that contains a high concentration of veterans 
with traumatic brain injuries, as determined by 
the Secretary. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01245
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1246 
HR 4986 RDS 
(2) SPECIAL CONSIDERATION FOR VETERANS IN 
RURAL
AREAS.—The Secretary shall give special 
consideration to providing veterans in rural areas 
with an opportunity to participate in the pilot pro-
gram. 
(c) PROVISION OF ASSISTED LIVING SERVICES.— 
(1) AGREEMENTS.—In carrying out the pilot 
program, the Secretary may enter into agreements 
for the provision of assisted living services on behalf 
of eligible veterans with a provider participating 
under a State plan or waiver under title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.). 
(2) STANDARDS.—The Secretary may not place, 
transfer, or admit a veteran to any facility for as-
sisted living services under the pilot program unless 
the Secretary determines that the facility meets such 
standards as the Secretary may prescribe for pur-
poses of the pilot program. Such standards shall, to 
the extent practicable, be consistent with the stand-
ards of Federal, State, and local agencies charged 
with the responsibility of licensing or otherwise regu-
lating or inspecting such facilities. 
(d) CONTINUATION OF CASE MANAGEMENT AND RE-
HABILITATION SERVICES.—In carrying out the pilot pro-
gram, the Secretary shall— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01246
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1247 
HR 4986 RDS 
(1) continue to provide each veteran who is re-
ceiving assisted living services under the pilot pro-
gram with rehabilitative services; and 
(2) designate employees of the Veterans Health 
Administration of the Department of Veterans Af-
fairs to furnish case management services for vet-
erans participating in the pilot program. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the completion of the pilot program, the Secretary 
shall submit to the Committees on Veterans’ Affairs 
of the Senate and House of Representatives a report 
on the pilot program. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) A description of the pilot program. 
(B) An assessment of the utility of the ac-
tivities under the pilot program in enhancing 
the rehabilitation, quality of life, and commu-
nity reintegration of veterans with traumatic 
brain injury. 
(C) Such recommendations as the Sec-
retary considers appropriate regarding the ex-
tension or expansion of the pilot program. 
(f) DEFINITIONS.—In this section: 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01247
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1248 
HR 4986 RDS 
(1) The term ‘‘assisted living services’’ means 
services of a facility in providing room, board, and 
personal care for and supervision of residents for 
their health, safety, and welfare. 
(2) The term ‘‘case management services’’ in-
cludes the coordination and facilitation of all services 
furnished to a veteran by the Department of Vet-
erans Affairs, either directly or through a contract, 
including assessment of needs, planning, referral (in-
cluding referral for services to be furnished by the 
Department, either directly or through a contract, or 
by an entity other than the Department), moni-
toring, reassessment, and followup. 
(3) The term ‘‘eligible veteran’’ means a vet-
eran who— 
(A) is enrolled in the patient enrollment 
system of the Department of Veterans Affairs 
under section 1705 of title 38, United States 
Code; 
(B) has received hospital care or medical 
services provided by the Department of Vet-
erans Affairs for a traumatic brain injury; 
(C) is unable to manage routine activities 
of daily living without supervision and assist-
ance, as determined by the Secretary; and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01248
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1249 
HR 4986 RDS 
(D) could reasonably be expected to receive 
ongoing services after the end of the pilot pro-
gram under this section under another program 
of the Federal Government or through other 
means, as determined by the Secretary. 
SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING 
HOME CARE. 
(a) FINDING.—Congress finds that young veterans 
who are injured or disabled through military service and 
require long-term care should have access to age-appro-
priate nursing home care. 
(b) REQUIREMENT TO PROVIDE AGE-APPROPRIATE 
NURSING HOME CARE.—Section 1710A of title 38, 
United States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) The Secretary shall ensure that nursing home 
care provided under subsection (a) is provided in an age- 
appropriate manner.’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01249
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1250 
HR 4986 RDS 
SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR 
HEALTH CARE FOR VETERANS OF COMBAT 
SERVICE DURING CERTAIN PERIODS OF HOS-
TILITIES AND WAR. 
Subparagraph (C) of section 1710(e)(3) of title 38, 
United States Code, is amended to read as follows: 
‘‘(C) in the case of care for a veteran described 
in paragraph (1)(D) who— 
‘‘(i) is discharged or released from the ac-
tive military, naval, or air service after the date 
that is five years before the date of the enact-
ment of the National Defense Authorization Act 
for Fiscal Year 2008, after a period of five 
years beginning on the date of such discharge 
or release; or 
‘‘(ii) is so discharged or released more than 
five years before the date of the enactment of 
that Act and who did not enroll in the patient 
enrollment system under section 1705 of this 
title before such date, after a period of three 
years beginning on the date of the enactment of 
that Act; and’’. 
SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR 
MENTAL HEALTH CONDITIONS IN VETERANS. 
(a) PRESUMPTION
OF SERVICE-CONNECTION
FOR 
MENTAL ILLNESS IN PERSIAN GULF WAR VETERANS.— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01250
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1251 
HR 4986 RDS 
(1) IN
GENERAL.—Section 1702 of title 38, 
United States Code, is amended— 
(A) by inserting ‘‘(a) PSYCHOSIS.—’’ be-
fore ‘‘For the purposes’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) MENTAL ILLNESS.—For purposes of this chap-
ter, any veteran of the Persian Gulf War who develops 
an active mental illness (other than psychosis) shall be 
deemed to have incurred such disability in the active mili-
tary, naval, or air service if such veteran develops such 
disability— 
‘‘(1) within two years after discharge or release 
from the active military, naval, or air service; and 
‘‘(2) before the end of the two-year period be-
ginning on the last day of the Persian Gulf War.’’. 
(2) HEADING
AMENDMENT.—The heading of 
such section is amended to read as follows: 
‘‘§ 1702. Presumptions: psychosis after service in 
World War II and following periods of 
war; mental illness after service in the 
Persian Gulf War’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 17 of such title is 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01251
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1252 
HR 4986 RDS 
amended by striking the item relating to section 
1702 and inserting the following new item: 
‘‘1702. Presumptions: psychosis after service in World War II and following pe-
riods of war; mental illness following service in the Persian 
Gulf War.’’. 
(b) PROVISION OF MENTAL HEALTH ASSESSMENTS 
FOR CERTAIN VETERANS.—Section 1712A(a) of such title 
is amended— 
(1) in paragraph (1)(B), by adding at the end 
the following new clause: 
‘‘(iii) Any veteran who served on active duty— 
‘‘(I) in a theater of combat operations (as 
determined by the Secretary in consultation 
with the Secretary of Defense) during a period 
of war after the Persian Gulf War; or 
‘‘(II) in combat against a hostile force dur-
ing a period of hostilities (as defined in para-
graph (2)(B)) after November 11, 1998.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) Upon request of a veteran described in para-
graph (1)(B)(iii), the Secretary shall provide the veteran 
a preliminary general mental health assessment as soon 
as practicable after receiving the request, but not later 
than 30 days after receiving the request.’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01252
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1253 
HR 4986 RDS 
SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FUR-
NISHING OUTPATIENT DENTAL SERVICES TO 
VETERANS WITH SERVICE-CONNECTED DEN-
TAL CONDITIONS OR DISABILITIES. 
Section 1712(a)(1)(B)(iii) of title 38, United States 
Code, is amended— 
(1) by striking ‘‘90 days after such discharge’’ 
and inserting ‘‘180 days after such discharge’’; 
(2) by striking ‘‘90 days from the date of such 
veteran’s subsequent discharge’’ and inserting ‘‘180 
days from the date of such veteran’s subsequent dis-
charge’’; and 
(3) by striking ‘‘90 days after the date of cor-
rection’’ and inserting ‘‘180 days after the date of 
correction’’. 
SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH 
SERVICES PROGRAM OF DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) CLARIFICATION OF INCLUSION OF MEMBERS OF 
THE NATIONAL GUARD AND RESERVE IN PROGRAM.— 
Subsection (a)(1) of section 6301 of title 38, United 
States Code, is amended by inserting ‘‘, or from a reserve 
component,’’ after ‘‘active military, naval, or air service’’. 
(b) DEFINITION OF OUTREACH.—Subsection (b) of 
such section is amended— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01253
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1254 
HR 4986 RDS 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and 
(2) by inserting before paragraph (2) the fol-
lowing new paragraph (1): 
‘‘(1) the term ‘outreach’ means the act or proc-
ess of reaching out in a systematic manner to 
proactively provide information, services, and bene-
fits counseling to veterans, and to the spouses, chil-
dren, and parents of veterans who may be eligible to 
receive benefits under the laws administered by the 
Secretary, to ensure that such individuals are fully 
informed about, and receive assistance in applying 
for, such benefits;’’. 
SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR 
PURPOSES 
OF 
TRAUMATIC 
SERVICEMEMBERS’ GROUP LIFE INSURANCE. 
Section 1980A of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(k) DESIGNATION OF FIDUCIARY OR TRUSTEE.— 
(1) The Secretary concerned, in consultation with the Sec-
retary, shall develop a process for the designation of a fi-
duciary or trustee of a member of the uniformed services 
who is insured against traumatic injury under this section. 
The fiduciary or trustee so designated would receive a pay-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01254
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1255 
HR 4986 RDS 
ment for a qualifying loss under this section if the member 
is medically incapacitated (as determined pursuant to reg-
ulations prescribed by the Secretary concerned in con-
sultation with the Secretary) or experiencing an extended 
loss of consciousness. 
‘‘(2) The process under paragraph (1) may require 
each member of the uniformed services who is insured 
under this section to— 
‘‘(A) designate an individual as the member’s 
fiduciary or trustee for purposes of subsection (a); 
or 
‘‘(B) elect that a court of proper jurisdiction 
designate an individual as the member’s fiduciary or 
trustee for purposes of subsection (a) in the event 
that the member becomes medically incapacitated or 
experiences an extended loss of consciousness.’’. 
TITLE XVIII—NATIONAL GUARD 
BUREAU MATTERS AND RE-
LATED MATTERS 
Sec. 1801. Short title. 
Subtitle A—National Guard Bureau 
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the Na-
tional Guard Bureau. 
Sec. 1812. Establishment of National Guard Bureau as joint activity of the De-
partment of Defense. 
Sec. 1813. Enhancement of functions of the National Guard Bureau. 
Sec. 1814. Requirement for Secretary of Defense to prepare plan for response 
to natural disasters and terrorist events. 
Sec. 1815. Determination of Department of Defense civil support requirements. 
Subtitle B—Additional Reserve Component Enhancement 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01255
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1256 
HR 4986 RDS 
Sec. 1821. United States Northern Command. 
Sec. 1822. Council of Governors. 
Sec. 1823. Plan for Reserve Forces Policy Board. 
Sec. 1824. High-level positions authorized or required to be held by reserve 
component general or flag officers. 
Sec. 1825. Retirement age and years of service limitations on certain reserve 
general and flag officers. 
Sec. 1826. Additional reporting requirements relating to National Guard equip-
ment. 
SEC. 1801. SHORT TITLE. 
This title may be cited as the ‘‘National Guard Em-
powerment Act of 2007’’. 
Subtitle A—National Guard Bureau 
SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIRE-
MENT OF THE CHIEF OF THE NATIONAL 
GUARD BUREAU. 
(a) APPOINTMENT.—Subsection (a) of section 10502 
of title 10, United States Code, is amended by striking 
paragraphs (1) through (3) and inserting the following 
new paragraphs: 
‘‘(1) are recommended for such appointment by 
their respective Governors or, in the case of the Dis-
trict of Columbia, the commanding general of the 
District of Columbia National Guard; 
‘‘(2) are recommended for such appointment by 
the Secretary of the Army or the Secretary of the 
Air Force; 
‘‘(3) have had at least 10 years of federally rec-
ognized commissioned service in an active status in 
the National Guard; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01256
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1257 
HR 4986 RDS 
‘‘(4) are in a grade above the grade of brigadier 
general; 
‘‘(5) are determined by the Chairman of the 
Joint Chiefs of Staff, in accordance with criteria and 
as a result of a process established by the Chairman, 
to have significant joint duty experience; 
‘‘(6) are determined by the Secretary of De-
fense to have successfully completed such other as-
signments and experiences so as to possess a de-
tailed understanding of the status and capabilities of 
National Guard forces and the missions of the Na-
tional Guard Bureau as set forth in section 10503 
of this title; 
‘‘(7) have a level of operational experience in a 
position of significant responsibility, professional 
military education, and demonstrated expertise in 
national defense and homeland defense matters that 
are commensurate with the advisory role of the 
Chief of the National Guard Bureau; and 
‘‘(8) possess such other qualifications as the 
Secretary of Defense shall prescribe for purposes of 
this section.’’. 
(b) GRADE.—Subsection (d) of such section is 
amended by striking ‘‘lieutenant general’’ and inserting 
‘‘general’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01257
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1258 
HR 4986 RDS 
(c) REPEAL OF AGE 64 LIMITATION ON SERVICE.— 
Subsection (b) of such section is amended by striking ‘‘An 
officer may not hold that office after becoming 64 years 
of age.’’. 
(d) ADVISORY DUTIES.—Subsection (c) of such sec-
tion is amended to read as follows: 
‘‘(c) ADVISOR ON NATIONAL GUARD MATTERS.—The 
Chief of the National Guard Bureau is— 
‘‘(1) a principal advisor to the Secretary of De-
fense, through the Chairman of the Joint Chiefs of 
Staff, on matters involving non-federalized National 
Guard forces and on other matters as determined by 
the Secretary of Defense; and 
‘‘(2) the principal adviser to the Secretary of 
the Army and the Chief of Staff of the Army, and 
to the Secretary of the Air Force and the Chief of 
Staff of the Air Force, on matters relating to the 
National Guard, the Army National Guard of the 
United States, and the Air National Guard of the 
United States.’’. 
SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU 
AS JOINT ACTIVITY OF THE DEPARTMENT OF 
DEFENSE. 
(a) JOINT ACTIVITY OF THE DEPARTMENT OF DE-
FENSE.—Subsection (a) of section 10501 of title 10, 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01258
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1259 
HR 4986 RDS 
United States Code, is amended by striking ‘‘joint bureau 
of the Department of the Army and the Department of 
the Air Force’’ and inserting ‘‘joint activity of the Depart-
ment of Defense’’. 
(b) JOINT MANPOWER REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 1011 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 10508. National Guard Bureau: general provisions 
‘‘The manpower requirements of the National Guard 
Bureau as a joint activity of the Department of Defense 
shall be determined in accordance with regulations pre-
scribed by the Secretary of Defense, in consultation with 
the Chairman of the Joint Chiefs of Staff.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘10508. National Guard Bureau: general provisions.’’. 
SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NA-
TIONAL GUARD BUREAU. 
(a) ADDITIONAL
GENERAL
FUNCTIONS.—Section 
10503 of title 10, United States Code, is amended— 
(1) by redesignating paragraph (12) as para-
graph (14) and inserting before such paragraph (14) 
the following new paragraph (13): 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01259
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1260 
HR 4986 RDS 
‘‘(13)(A) Assisting the Secretary of Defense in 
facilitating and coordinating with the entities listed 
in subparagraph (B) the use of National Guard per-
sonnel and resources for operations conducted under 
title 32, or in support of State missions. 
‘‘(B) The entities listed in this subparagraph 
for purposes of subparagraph (A) are the following: 
‘‘(i) Other Federal agencies. 
‘‘(ii) The Adjutants General of the States. 
‘‘(iii) The United States Joint Forces 
Command. 
‘‘(iv) The combatant command the geo-
graphic area of responsibility of which includes 
the United States.’’; 
(2) by redesignating paragraphs (2) through 
(11) as paragraphs (3) through (12), respectively; 
and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The role of the National Guard Bureau in 
support of the Secretary of the Army and the Sec-
retary of the Air Force.’’. 
(b) CHARTER DEVELOPED
AND PRESCRIBED
BY 
SECRETARY OF DEFENSE.—Section 10503 of such title 
is further amended— 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01260
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1261 
HR 4986 RDS 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘The Secretary of the 
Army and the Secretary of the Air Force shall 
jointly develop’’ and inserting ‘‘The Secretary of 
Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff, the Secretary of the 
Army, and the Secretary of the Air Force, shall 
develop’’; and 
(B) by striking ‘‘cover’’ in the second sen-
tence and inserting ‘‘reflect the full scope of the 
duties and activities of the Bureau, including’’; 
and 
(2) in paragraph (14), as redesignated by sub-
section (a)(1), by striking ‘‘the Secretaries’’ and in-
serting ‘‘the Secretary of Defense’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENT.—The heading 
of section 10503 of such title is amended to read as 
follows: 
‘‘§ 10503. Functions of National Guard Bureau: char-
ter’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1011 of such title 
is amended by striking the item relating to section 
10503 and inserting the following new item: 
‘‘10503. Functions of National Guard Bureau: charter.’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01261
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1262 
HR 4986 RDS 
SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO 
PREPARE PLAN FOR RESPONSE TO NATURAL 
DISASTERS AND TERRORIST EVENTS. 
(a) REQUIREMENT FOR PLAN.— 
(1) IN
GENERAL.—Not later than June 1, 
2008, the Secretary of Defense, in consultation with 
the Secretary of Homeland Security, the Chairman 
of the Joint Chiefs of Staff, the commander of the 
United States Northern Command, and the Chief of 
the National Guard Bureau, shall prepare and sub-
mit to Congress a plan for coordinating the use of 
the National Guard and members of the Armed 
Forces on active duty when responding to natural 
disasters, acts of terrorism, and other man-made 
disasters as identified in the national planning sce-
narios described in subsection (e). 
(2) UPDATE.—Not later than June 1, 2010, the 
Secretary, in consultation with the persons consulted 
under paragraph (1), shall submit to Congress an 
update of the plan required under paragraph (1). 
(b) INFORMATION
TO
BE
PROVIDED
TO
SEC-
RETARY.—To assist the Secretary of Defense in preparing 
the plan, the National Guard Bureau, pursuant to its pur-
pose as channel of communications as set forth in section 
10501(b) of title 10, United States Code, shall provide to 
the Secretary information gathered from Governors, adju-
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01262
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1263 
HR 4986 RDS 
tants general of States, and other State civil authorities 
responsible for homeland preparation and response to nat-
ural and man-made disasters. 
(c) TWO VERSIONS.—The plan shall set forth two 
versions of response, one using only members of the Na-
tional Guard, and one using both members of the National 
Guard and members of the regular components of the 
Armed Forces. 
(d) MATTERS COVERED.—The plan shall cover, at a 
minimum, the following: 
(1) Protocols for the Department of Defense, 
the National Guard Bureau, and the Governors of 
the several States to carry out operations in coordi-
nation with each other and to ensure that Governors 
and local communities are properly informed and re-
main in control in their respective States and com-
munities. 
(2) An identification of operational procedures, 
command structures, and lines of communication to 
ensure a coordinated, efficient response to contin-
gencies. 
(3) An identification of the training and equip-
ment needed for both National Guard personnel and 
members of the Armed Forces on active duty to pro-
vide military assistance to civil authorities and for 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01263
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1264 
HR 4986 RDS 
other domestic operations to respond to hazards 
identified in the national planning scenarios. 
(e) NATIONAL PLANNING SCENARIOS.—The plan 
shall provide for response to the following hazards: 
(1) Nuclear detonation, biological attack, bio-
logical disease outbreak/pandemic flu, the plague, 
chemical attack-blister agent, chemical attack-toxic 
industrial chemicals, chemical attack-nerve agent, 
chemical attack-chlorine tank explosion, major hurri-
cane, major earthquake, radiological attack-radio-
logical dispersal device, explosives attack-bombing 
using improvised explosive device, biological attack- 
food contamination, biological attack-foreign animal 
disease and cyber attack. 
(2) Any other hazards identified in a national 
planning scenario developed by the Homeland Secu-
rity Council. 
SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE 
CIVIL SUPPORT REQUIREMENTS. 
(a) DETERMINATION OF REQUIREMENTS.—The Sec-
retary of Defense, in consultation with the Secretary of 
Homeland Security, shall determine the military-unique 
capabilities needed to be provided by the Department of 
Defense to support civil authorities in an incident of na-
tional significance or a catastrophic incident. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01264
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1265 
HR 4986 RDS 
(b) PLAN FOR FUNDING CAPABILITIES.— 
(1) PLAN.—The Secretary of Defense shall de-
velop and implement a plan, in coordination with the 
Secretaries of the military departments and the 
Chairman of the Joint Chiefs of Staff, for providing 
the funds and resources necessary to develop and 
maintain the following: 
(A) The military-unique capabilities deter-
mined under subsection (a). 
(B) Any additional capabilities determined 
by the Secretary to be necessary to support the 
use of the active components and the reserve 
components of the Armed Forces for homeland 
defense 
missions, 
domestic 
emergency 
re-
sponses, and providing military support to civil 
authorities. 
(2) TERM OF PLAN.—The plan required under 
paragraph (1) shall cover at least five years. 
(c) BUDGET.—The Secretary of Defense shall include 
in the materials accompanying the budget submitted for 
each fiscal year a request for funds necessary to carry out 
the plan required under subsection (b) during the fiscal 
year covered by the budget. The defense budget materials 
shall delineate and explain the budget treatment of the 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01265
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1266 
HR 4986 RDS 
plan for each component of each military department, each 
combatant command, and each affected Defense Agency. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘military-unique capabilities’’ 
means those capabilities that, in the view of the Sec-
retary of Defense— 
(A) cannot be provided by other Federal, 
State, or local civilian agencies; and 
(B) are essential to provide support to civil 
authorities in an incident of national signifi-
cance or a catastrophic incident. 
(2) The term ‘‘defense budget materials’’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
(e) 
STRATEGIC
PLANNING
GUIDANCE.—Section 
113(g)(2) of title 10, United States Code, is amended by 
striking ‘‘contingency plans’’ at the end of the first sen-
tence and inserting the following: ‘‘contingency plans, in-
cluding plans for providing support to civil authorities in 
an incident of national significance or a catastrophic inci-
dent, for homeland defense, and for military support to 
civil authorities’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01266
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1267 
HR 4986 RDS 
Subtitle B—Additional Reserve 
Component Enhancement 
SEC. 1821. UNITED STATES NORTHERN COMMAND. 
(a) MANPOWER REVIEW.— 
(1) REVIEW
BY
CHAIRMAN
OF
THE
JOINT 
CHIEFS OF STAFF.—Not later than one year after 
the date of the enactment of this Act, the Chairman 
of the Joint Chiefs of Staff shall submit to the Sec-
retary of Defense a review of the civilian and mili-
tary positions, job descriptions, and assignments 
within the United States Northern Command with 
the goal of determining the feasibility of significantly 
increasing the number of members of a reserve com-
ponent assigned to, and civilians employed by, the 
United States Northern Command who have experi-
ence in the planning, training, and employment of 
forces for homeland defense missions, domestic 
emergency response, and providing military support 
to civil authorities. 
(2) SUBMISSION OF RESULTS OF REVIEW.—Not 
later than 90 days after the date on which the Sec-
retary of Defense receives the results of the review 
under paragraph (1), the Secretary shall submit to 
Congress a copy of the results of the review, to-
gether with such recommendations as the Secretary 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01267
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1268 
HR 4986 RDS 
considers appropriate to achieve the objectives of the 
review. 
(b) DEFINITION.—In this section, the term ‘‘United 
States Northern Command’’ means the combatant com-
mand the geographic area of responsibility of which in-
cludes the United States. 
SEC. 1822. COUNCIL OF GOVERNORS. 
The President shall establish a bipartisan Council of 
Governors to advise the Secretary of Defense, the Sec-
retary of Homeland Security, and the White House Home-
land Security Council on matters related to the National 
Guard and civil support missions. 
SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD. 
(a) PLAN.—The Secretary of Defense shall develop 
a plan to implement revisions that the Secretary deter-
mines necessary in the designation, organization, member-
ship, functions, procedures, and legislative framework of 
the Reserve Forces Policy Board. The plan— 
(1) shall be consistent with the findings, conclu-
sions, and recommendations included in Part III E 
of the Report of the Commission on the National 
Guard and Reserves of March 1, 2007; and 
(2) to the extent possible, shall take into ac-
count the views and recommendations of civilian and 
military leaders, past chairmen of the Reserve 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01268
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1269 
HR 4986 RDS 
Forces Policy Board, private organizations with ex-
pertise and interest in Department of Defense orga-
nization, and other individuals or groups in the dis-
cretion of the Secretary. 
(b) REPORT.—Not later than July 1, 2008, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report on the plan developed under subsection (a), 
including such recommendations for legislation as the Sec-
retary considers necessary. 
SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR RE-
QUIRED TO BE HELD BY RESERVE COMPO-
NENT GENERAL OR FLAG OFFICERS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that, whenever officers of the Armed Forces are con-
sidered for promotion to the grade of lieutenant general, 
or vice admiral in the case of the Navy, on the active duty 
list, officers in the reserve components of the Armed 
Forces who are eligible for promotion to such grade should 
be considered for promotion to such grade. 
(b) NATIONAL GUARD OFFICER AS DEPUTY COM-
MANDER OF UNITED STATES NORTHERN COMMAND.— 
Section 164(e) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01269
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1270 
HR 4986 RDS 
‘‘(4) At least one deputy commander of the combat-
ant command the geographic area of responsibility of 
which includes the United States shall be a qualified offi-
cer of the National Guard who is eligible for promotion 
to the grade of O–9, unless a National Guard officer is 
serving as commander of that combatant command.’’. 
(c) INCREASE IN NUMBER OF UNIFIED AND SPECI-
FIED COMBATANT COMMAND POSITIONS FOR RESERVE 
COMPONENT OFFICERS.—Section 526(b)(2)(A) of such 
title is amended by striking ‘‘10 general and flag officer 
positions on the staffs of the commanders of’’ and insert-
ing ‘‘15 general and flag officer positions in’’. 
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMI-
TATIONS ON CERTAIN RESERVE GENERAL 
AND FLAG OFFICERS. 
(a) RETIREMENT FOR AGE.— 
(1) INCLUSION
OF
RESERVE
GENERALS
AND 
ADMIRALS.—Section 14511 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 14511. Separation at age 64: officers in grade of 
major general or rear admiral and above 
‘‘(a) SEPARATION REQUIRED.—Unless retired, trans-
ferred to the Retired Reserve, or discharged at an earlier 
date, each reserve officer of the Army, Air Force, or Ma-
rine Corps in the grade of major general or above and 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01270
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1271 
HR 4986 RDS 
each reserve officer of the Navy in the grade of rear admi-
ral or above shall be separated in accordance with section 
14515 of this title on the last day of the month in which 
the officer becomes 64 years of age. 
‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 
AND O–10 POSITIONS.—The retirement of a reserve offi-
cer of the Army, Air Force, or Marine Corps in the grade 
of lieutenant general or general, or a reserve officer of the 
Navy in the grade of vice admiral or admiral, under sub-
section (a) may be deferred— 
‘‘(1) by the President, but such a deferment 
may not extend beyond the first day of the month 
following the month in which the officer becomes 68 
years of age; or 
‘‘(2) by the Secretary of Defense, but such a 
deferment may not extend beyond the first day of 
the month following the month in which the officer 
becomes 66 years of age. 
‘‘(c) EXCEPTION FOR OFFICERS HOLDING CERTAIN 
OFFICES.—This section does not apply to an officer cov-
ered by section 14512 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1407 of such title 
is amended by striking the item relating to section 
14511 and inserting the following new item: 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01271
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1283 
HR 4986 RDS 
(5) in the item relating to Fort Leavenworth, 
Kansas, by striking ‘‘$23,200,000’’ in the amount 
column and inserting ‘‘$15,000,000’’; 
(6) in the item relating to Fort Riley, Kansas, 
by striking ‘‘$47,400,000’’ in the amount column 
and inserting ‘‘$37,200,000’’; 
(7) in the item relating to Fort Campbell, Ken-
tucky, by striking ‘‘$135,300,000’’ in the amount 
column and inserting ‘‘$115,400,000’’; 
(8) by striking the item relating to Fort Polk, 
Louisiana; 
(9) by striking the item relating to Aberdeen 
Proving Ground, Maryland; 
(10) by striking the item relating to Fort 
Detrick, Maryland; 
(11) by striking the item relating to Detroit Ar-
senal, Michigan; 
(12) in the item relating to Fort Leonard 
Wood, Missouri, by striking ‘‘$34,500,000’’ in the 
amount column and inserting ‘‘$17,000,000’’; 
(13) by striking the item relating to Picatinny 
Arsenal, New Jersey; 
(14) in the item relating to Fort Drum, New 
York, by striking ‘‘$218,600,000’’ in the amount 
column and inserting ‘‘$209,200,000’’; 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01283
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1284 
HR 4986 RDS 
(15) in the item relating to Fort Bragg, North 
Carolina, by striking ‘‘$96,900,000’’ in the amount 
column and inserting ‘‘$89,000,000’’; 
(16) 
by 
striking 
the 
item 
relating 
to 
Letterkenny Depot, Pennsylvania; 
(17) by striking the item relating to Corpus 
Christi Army Depot, Texas; 
(18) by striking the item relating to Fort Bliss, 
Texas; 
(19) in the item relating to Fort Hood, Texas, 
by striking ‘‘$93,000,000’’ in the amount column 
and inserting ‘‘$75,000,000’’; 
(20) by striking the item relating to Red River 
Depot, Texas; and 
(21) by striking the item relating to Fort Lee, 
Virginia. 
(b) CONFORMING AMENDMENTS.—Section 2104(a) 
of such Act (120 Stat. 2447) is amended— 
(1) in the matter preceding paragraph (1), by 
striking 
‘‘$3,518,450,000’’ 
and 
inserting 
‘‘$3,275,700,000’’; and 
(2) 
in 
paragraph 
(1), 
by 
striking 
‘‘$1,362,200,000’’ and inserting ‘‘$1,119,450,000’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01284
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS
1285 
HR 4986 RDS 
SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CON-
STRUCTION AUTHORIZATION ACT FOR FIS-
CAL YEAR 2007. 
(a) LOCATION OF PROJECT IN ROMANIA.—The table 
in section 2101(b) of the Military Construction Authoriza-
tion Act for 2007 (division B of Public Law 109–364; 120 
Stat. 2446) is amended by striking ‘‘Babadag Range’’ and 
inserting ‘‘Mihail Kogalniceanu Air Base’’. 
(b) SPELLING ERROR RELATING TO ARMY FAMILY 
HOUSING.—The table in section 2102(a) of the Military 
Construction Authorization Act for 2007 (division B of 
Public Law 109–364; 120 Stat. 2446) is amended by 
striking ‘‘Fort McCoyine’’ and inserting ‘‘Fort McCoy’’. 
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2006 PROJECT. 
(a) MODIFICATION.—The table in section 2101(a) of 
the Military Construction Authorization Act for Fiscal 
Year 2006 (division B of Public Law 109–163; 119 Stat. 
3485) is amended in the item relating to Fort Bragg, 
North Carolina, by striking ‘‘$301,250,000’’ in the 
amount column and inserting ‘‘$308,250,000’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
2104(b)(5) of that Act (119 Stat. 3488) is amended by 
striking ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
Jkt 069200
PO 00000
Frm 01285
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS