I 
110TH CONGRESS 
2D SESSION 
H. R. 7299 
To direct the Secretary of Defense and the Secretary of Veterans Affairs 
to make payments for certain treatments of traumatic brain injury and 
post-traumatic stress disorder. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2008 
Mr. CANNON (for himself and Mrs. NAPOLITANO) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committee on Veterans’ Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of Defense and the Secretary of 
Veterans Affairs to make payments for certain treat-
ments of traumatic brain injury and post-traumatic 
stress disorder. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PAYMENT FOR TREATMENT OF MEMBERS OF 
THE ARMED FORCES AND VETERANS FOR 
TRAUMATIC BRAIN INJURY AND POST-TRAU-
MATIC STRESS DISORDER. 
(a) PAYMENT PROCESS.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall each establish 
a process through which each Secretary shall provide pay-
ment for treatments (including diagnostic testing) of trau-
matic brain injury and post-traumatic stress disorder re-
ceived by members of the Armed Forces and veterans in 
health care facilities other than military treatment facili-
ties or Department of Veterans Affairs medical facilities. 
Such process shall provide that payment be made directly 
to the health care facility furnishing the treatment. 
(b) CONDITIONS FOR PAYMENT.—The approval by a 
Secretary for payment for a treatment pursuant to sub-
section (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved by the Food and Drug Adminis-
tration for any purpose. 
(2) A treatment protocol must be approved for 
the treatment by an institutional review board oper-
ating in accordance with regulations issued by the 
Secretary of Health and Human Services. 
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(3) The approved treatment protocol (including 
any patient disclosure requirements) must be used 
by the health care provider delivering the treatment. 
(4) The patient receiving the treatment must 
demonstrate an improvement on one or more of the 
following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments. 
(C) Neurological imaging. 
(D) Clinical examination. 
(c) PAYMENT DEADLINE.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall make a pay-
ment for a treatment pursuant to subsection (a) not later 
than 30 days after a member of the Armed Forces or vet-
eran (or health care provider on behalf of such member 
or veteran) submits to the Secretary documentation re-
garding the treatment. The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the docu-
mentation required under this subsection may not be an 
undue burden on the member of the Armed Forces or vet-
eran. 
(d) DATA COLLECTION AND AVAILABILITY.— 
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(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly 
develop and maintain a database containing data 
from each patient case involving the use of a treat-
ment under this Act. The Secretaries shall ensure 
that the database preserves confidentiality and be 
made available only— 
(A) for third-party payer examination; 
(B) to the appropriate congressional com-
mittees and employees of the Department of 
Defense, the Department of Veterans Affairs, 
and appropriate State agencies; and 
(C) concerning the data of a patient case 
involving the use of a treatment under this Act, 
to the primary investigator of the institutional 
review board that approved such treatment. 
(2) ENROLLMENT IN INSTITUTIONAL REVIEW 
BOARD STUDY.—In the case of a patient enrolled in 
a registered institutional review board study, results 
may be publically distributable in accordance with 
regulations and practices as of the date of the enact-
ment of this Act. 
Æ 
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