I 
113TH CONGRESS 
1ST SESSION H. R. 2344 
To direct the Secretary of Defense to carry out a pilot program for investiga-
tional treatment of members of the Armed Forces for traumatic brain 
injury and post-traumatic stress disorder. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2013 
Mr. SESSIONS (for himself and Mr. THOMPSON of California) introduced the 
following bill; which was referred to the Committee on Armed Services 
A BILL 
To direct the Secretary of Defense to carry out a pilot 
program for investigational treatment of members of the 
Armed Forces for traumatic brain injury and post-trau-
matic stress disorder. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘TBI Treatment Act’’. 
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SEC. 2. PILOT PROGRAM FOR INVESTIGATIONAL TREAT-
MENT OF MEMBERS OF THE ARMED FORCES 
FOR TRAUMATIC BRAIN INJURY AND POST- 
TRAUMATIC STRESS DISORDER. 
(a) PROCESS.—The Secretary of Defense shall carry 
out a five-year pilot program under which the Secretary 
shall establish a process through which the Secretary shall 
provide payment for investigational treatments (including 
diagnostic testing) of traumatic brain injury or post-trau-
matic stress disorder received by members of the Armed 
Forces in health care facilities other than military treat-
ment facilities. Such process shall provide that payment 
be made directly to the health care facility furnishing the 
treatment. 
(b) CONDITIONS FOR APPROVAL.—The approval by 
the Secretary for payment for a treatment pursuant to 
subsection (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved or cleared by the Food and Drug 
Administration for any purpose and its use must 
comply with rules of the Food and Drug Administra-
tion applicable to investigational new drugs or inves-
tigational devices. 
(2) The treatment must be approved by the 
Secretary following approval by an institutional re-
view board operating in accordance with regulations 
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issued by the Secretary of Health and Human Serv-
ices. 
(3) The patient receiving the treatment must 
demonstrate an improvement under criteria ap-
proved by the Secretary, as a result of the treatment 
on one or more of the following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments including, 
such instruments that look at quality of life. 
(C) Neurological imaging. 
(D) Clinical examination. 
(4) The patient receiving the treatment must be 
receiving the treatment voluntarily and based on in-
formed consent. 
(5) The patient receiving the treatment may not 
be a retired member of the Armed Forces who is en-
titled to benefits under part A, or eligible to enroll 
under part B, of title XVIII of the Social Security 
Act. 
(c) ADDITIONAL RESTRICTIONS AUTHORIZED.—The 
Secretary may establish additional restrictions or condi-
tions for reimbursement as the Secretary determines ap-
propriate to ensure the protection of human research sub-
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jects, appropriate fiscal management, and the validity of 
the research results. 
(d) AUTHORITY.—The Secretary shall make pay-
ments under this section for treatments received by mem-
bers of the Armed Forces using the authority in subsection 
(c)(1) of section 1074 of title 10, United States Code. 
(e) AMOUNT.—A payment under this section shall be 
made at the equivalent Centers for Medicare and Medicaid 
Services reimbursement rate in effect for appropriate 
treatment codes for the State or territory in which the 
treatment is received. If no such rate is in effect, payment 
shall be made on a cost-reimbursement basis, as deter-
mined by the Secretary, in consultation with the Secretary 
of Health and Human Services. 
(f) DATA COLLECTION AND AVAILABILITY.— 
(1) IN GENERAL.—The Secretary shall develop 
and maintain a database containing data from each 
patient case involving the use of a treatment under 
this section. The Secretary shall ensure that the 
database preserves confidentiality and that any use 
of the database or disclosures of such data are lim-
ited to such use and disclosures permitted by law 
and applicable regulations. 
(2) PUBLICATION
OF
QUALIFIED
INSTITU-
TIONAL
REVIEW
BOARD
STUDIES.—The Secretary 
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shall ensure that an Internet website of the Depart-
ment of Defense includes a list of all civilian institu-
tional review board studies that have received a pay-
ment under this section. 
(g) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
member a permissive temporary duty in order to 
permit the member to receive treatment for trau-
matic brain injury or post-traumatic stress disorder, 
for which payments shall be made under subsection 
(a), at a location beyond reasonable commuting dis-
tance of the permanent duty station of the member. 
(2) PER DIEM.—A member who is away from 
the permanent station of the member may be paid 
a per diem in lieu of subsistence in an amount not 
more than the amount to which the member would 
be entitled if the member were performing travel in 
connection with a temporary duty assignment. 
(3) GIFT RULE WAIVER.—The Secretary of De-
fense may waive any rule of the Department of De-
fense regarding ethics or the receipt of gifts with re-
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spect to any assistance provided to a member of the 
Armed Forces for travel or per diem expenses inci-
dental to receiving treatment under this section. 
(h) MEMORANDA OF UNDERSTANDING.—The Sec-
retary shall enter into memoranda of understandings with 
civilian institutions for the purpose of providing members 
of the Armed Forces with treatment carried out by civilian 
health care practitioners under treatment— 
(1) approved by and under the oversight of ci-
vilian institutional review boards; and 
(2) that would qualify for payment under this 
section. 
(i) OUTREACH.—The Secretary of Defense shall es-
tablish a process to notify members of the Armed Forces 
of the opportunity to receive treatment pursuant to this 
section. 
(j) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary is authorized to make payments under this section, 
the Secretary shall submit to Congress an annual report 
on the implementation of this section and any available 
results on investigational treatment studies authorized 
under this section. 
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(k) TERMINATION.—The authority to make a pay-
ment under this section shall terminate on the date that 
is five years after the date of the enactment of this Act. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year during which the Sec-
retary is authorized to make payments under this section. 
Æ 
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