SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Dignified Treatment of Wounded Warrior Assistance Act of 2007s Act'. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is asfor this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink

TITLE I--WOUNDED WARRIOR ASSISTANCEMATTERS

Sec. 101. Improvements to medical and dental care for members of the Armed Forces assigned to hospitals in an outpatient statuGeneral definitions. CommentsClose CommentsPermalink

Sec. 111. Comprehensive policy on care, management, and transition of members of the Armed Forces with serious injuries or illnesses. CommentsClose CommentsPermalink





Sec. 102. Establishment of a Department of Defense-wide Ombudsman Office12. Consideration of needs of women members of the Armed Forces and veterans. CommentsClose CommentsPermalink

Sec. 121. Medical care and other benefits for members and former members of the Armed Forces with severe injuries or illnesses. CommentsClose CommentsPermalink





Sec. 103. Establishment of toll-free hot line for reporting deficiencies in medical-related support faciliti22. Reimbursement of certain former members of the uniformed services with service-connected disabilities for travel for follow-on specialty care and related services. CommentsClose CommentsPermalink

Sec. 126. Medical care and services and expedited response to reports of deficiencisupport services for families of members of the Armed Forces recovering from serious injuries or illnesses. CommentsClose CommentsPermalink





Sec. 104. Notification to Congress of hospitalization of combat wounded service member27. Extended benefits under TRICARE for primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty. CommentsClose CommentsPermalink

Sec. 131. Comprehensive plans on prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces. CommentsClose CommentsPermalink





Sec. 105. Independent medical advocate for members before medical evaluation board32. Improvement of medical tracking system for members of the Armed Forces deployed overseas. CommentsClose CommentsPermalink





Sec. 106. Training and workload for physical evaluation board liaison officer33. Centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder. CommentsClose CommentsPermalink





Sec. 134. Review of mental health services and treatment for female members of the Armed Forces and veterans. CommentsClose CommentsPermalink





Sec. 107. Standardized training program and curriculum for Department of Defense disability evaluation system35. Funding for improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder. CommentsClose CommentsPermalink





Sec. 136. Reports. CommentsClose CommentsPermalink

Sec. 141. Joint electronic health record for the Department of Defense and Department of Veterans Affairs. CommentsClose CommentsPermalink





Sec. 108. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions of recovering service member42. Enhanced personnel authorities for the Department of Defense for health care professionals for care and treatment of wounded and injured members of the Armed Forces. CommentsClose CommentsPermalink





Sec. 109. Pilot program to establish an Army Wounded Warrior Battalion at an appropriate active duty base43. Personnel shortages in the mental health workforce of the Department of Defense, including personnel in the mental health workforce. CommentsClose CommentsPermalink

Sec. 151. Utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability. CommentsClose CommentsPermalink





Sec. 152. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed Forces. CommentsClose CommentsPermalink





Sec. 110. Criteria for removal of member from temporary disability retired list53. Review of separation of members of the Armed Forces separated from service with a disability rating of 20 percent disabled or less. CommentsClose CommentsPermalink





Sec. 111. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation54. Pilot programs on revised and improved disability evaluation system for members of the Armed Forces. CommentsClose CommentsPermalink





Sec. 112. Establishment of Medical Support Fund for support of members of the Armed Forces returning to military service or civilian life55. Reports on Army action plan in response to deficiencies in the Army physical disability evaluation system. CommentsClose CommentsPermalink

Sec. 161. Enhancement of disability severance pay for members of the Armed Forces. CommentsClose CommentsPermalink





Sec. 113. Oversight Board for Wounded Warriors62. Traumatic Servicemembers' Group Life Insurance. CommentsClose CommentsPermalink





Sec. 114. Option for members of reserve components to use military medical treatment facilities closest to home for certain injurie63. Electronic transfer from the Department of Defense to the Department of Veterans Affairs of documents supporting eligibility for benefits. CommentsClose CommentsPermalink





Sec. 115. Plans and research for reducing post traumatic stress disorder64. Assessments of temporary disability retired list. CommentsClose CommentsPermalink

Sec. 191. 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. CommentsClose CommentsPermalink

TITLE II--STUDIES AND REPORTVETERANS MATTERS

Sec. 201. Annual report on military medical facilitiesSense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain injury. CommentsClose CommentsPermalink





Sec. 202. Access of recovering service members to adequate outpatient residential facilitiesIndividual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury. CommentsClose CommentsPermalink





Sec. 203. Evaluation and report on Department of Defense andUse of non-Department of Veterans Affairs disability evaluation systemsfacilities for implementation of rehabilitation and community reintegration plans for traumatic brain injury. CommentsClose CommentsPermalink





Sec. 204. Study and report on support services for families of recovering service membersResearch, education, and clinical care program on severe traumatic brain injury. CommentsClose CommentsPermalink





Sec. 205. Report on traumatic brain injury classificationsPilot program on assisted living services for veterans with traumatic brain injury. CommentsClose CommentsPermalink





Sec. 206. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer ProgramResearch on traumatic brain injury. CommentsClose CommentsPermalink





Sec. 207. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilitiesAge-appropriate nursing home care. CommentsClose CommentsPermalink





Sec. 208. Study and report on standard soldier patient tracking system.TITLE III--GENERAL PROVISIONSSec. 301. Moratorium on conversion to contractor performance of Department of Defense functions at military medical facExtension of period of eligibility for health care for combat service in the Persian Gulf war or future hostilities. CommentsClose CommentsPermalink





Sec. 302. Prohibition on transfer of resources from medical care.Sec. 303. Increase in physicians at hospitals of the Department of Veterans Affair209. Mental health: service-connection status and evaluations for certain veterans. CommentsClose CommentsPermalink





Sec. 304. Veterans beneficiary travel program.SEC. 2.210. Modification of requirements for furnishing outpatient dental services to veterans with a service-connected dental condition or disability. CommentsClose CommentsPermalink





Sec. 211. Demonstration program on preventing veterans at-risk of homelessness from becoming homeless. CommentsClose CommentsPermalink





Sec. 212. Clarification of purpose of the outreach services program of the Department of Veterans Affairs. CommentsClose CommentsPermalink

SEC. 101. GENERAL DEFINITIONS.

In this Act:(1) CONGRESSIONAL DEFENSE COMMITTEES-title: CommentsClose CommentsPermalink





(1) The term `congressional defense committees' has the meaning given that term in section 101(a)(16) of title 10, United States Code.(2) DISABILITY EVALUATION SYSTEM-appropriate committees of Congress' means-- CommentsClose CommentsPermalink





(A) the Committees on Armed Services and Veterans' Affairs of the Senate; and CommentsClose CommentsPermalink





(B) the Committees on Armed Services and Veterans' Affairs of the House of Representatives. CommentsClose CommentsPermalink





(2) The term `disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.(3) FAMILY MEMBER-covered member of the Armed Forces' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list for a serious injury or illness. CommentsClose CommentsPermalink





(3) The term `family member', with respect to a recovering service membermember of the Armed Forces or a veteran, has the meaning given that term insection 411h(b) of title 37, United States Code. CommentsClose CommentsPermalink





(4) RECOVERING SERVICE MEMBER- The term `recovering service member' means a member of the Armed Forces, including a member of the National Guard or amedical hold or medical holdover status' means-- CommentsClose CommentsPermalink





(A) the status of a member of the Armed Forces, including a member of the National Guard or Reserve, assigned or attached to a military hospital for medical care; and CommentsClose CommentsPermalink





(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. CommentsClose CommentsPermalink





(5) The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. CommentsClose CommentsPermalink





(6) The term `TRICARE program' has the meaning given that term insection 1072(7) of title 10, United States Code. CommentsClose CommentsPermalink

(a) Comprehensive Policy Required- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent feasible, jointly develop and implement a comprehensive policy on the care and management of members of the Armed Forces who are undergoing medical treatment, recuperation, or therapy, or isare otherwise in medical hold or medical holdover status, for an injury, illness, or disease incurred or aggravated while onor are otherwise on the temporary disability retired list for a serious injury or illness (hereafter in this section referred to as a `covered servicemembers'). CommentsClose CommentsPermalink





(2) SCOPE OF POLICY- The policy shall cover each of the following: CommentsClose CommentsPermalink





(A) The care and management of covered servicemembers while in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(B) The medical evaluation and disability evaluation of covered servicemembers. CommentsClose CommentsPermalink





(C) The return of covered servicemembers to active duty in the Armed Forces.(5) MEDICAL CARE- The term `medical care' includes mental health care.

TITLE I--WOUNDED WARRIOR ASSISTANCESEC. 101. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR MEMBERS OF THE ARMED FORCES ASSIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.(a) Medical and Dental Care of Members Assigned to Hospitals in an Outpatient Statuwhen appropriate. CommentsClose CommentsPermalink




(D) The transition of covered servicemembers from receipt of care and services through the Department of Defense to receipt of care and services through the Department of Veterans Affairs. CommentsClose CommentsPermalink





(3) CONSULTATION- The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government and with appropriate non-governmental organizations having an expertise in matters relating to the policy. CommentsClose CommentsPermalink





(4) UPDATE- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly update the policy on a periodic basis, but not less often than annually, in order to incorporate in the policy, as appropriate, the results of the reviews under subsections (b) and (c) and the best practices identified through pilot programs under section 154. CommentsClose CommentsPermalink





(b) Review of Current Policies and Procedures- CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section:`Sec. 1074l. Management of medical and dental care: members assigned to receive care in an outpatient status`(a) Medical Care Case Managers- (1) A member in an outpatient status at a military medical treatment facility shall be assigned a medical care case manager.`(2)(A) The duties of the medical care case manager shall include the following with respect to the member (or the member's immediate family if the member is incapable of making judgments about personal medical care):`(i) To assist in understanding the member's medical status.`(ii) To assist in receiving prescribed medical care.`(iii) ToREVIEW REQUIRED- In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall, to the extent necessary, jointly and separately conduct a review, at least once a week, of the member's medical status.`(B) The weekly medical status review described in subparagraph (A)(iii) shall be conducted in person with the member. If such a review is not practicable, the medical care case manager shall provide a written statement to the case manager's supervisor indicating why an in-person medical status review was not possible.`(3)(A) Except as provided in subparagraph (B), each medical care case manager shall be assigned to manage not more than 17 members in an outpatient status.`(B) The Secretary concerned may waive for up to 120 days the requirement of subparagraph of all policies and procedures of the Department of Defense and the Department of Veterans Affairs that apply to, or shall be covered by, the policy. CommentsClose CommentsPermalink





(2) PURPOSE- The purpose of the review shall be to identify the most effective and patient-oriented approaches to care and management of covered servicemembers for purposes of-- CommentsClose CommentsPermalink





(A) if required due to unforeseen circumstances.`(4)(A) The medical care case manager office at each facility shall be headed by a commissioned officer of appropriate rank and appropriate military occupation specialty, designator, or specialty code.`(B) For purposes of subparagraph (A), an appropriate military occupation specialty, designator, or specialty code includes membership in the Army Medical Corps, Army Medical Service Corps, Army Nurse Corps, Navy Medical Corps, Navy Medical Service Corps, Navy Nurse Corps, Air Force Medical Service, or other corps comprised of health care professionals at the discretion of the Secretary of Defense.`(5) The Secretary of Defense shall establish a standard training program and curriculum for medical care case managers. Successful completion of the training program is required before a person may assume the duties of a medical care case manager.`(6) The Secretary concerned shall ensure that medical care case managers have the resources necessary to ensure that they expeditiously carry out the responsibilities and duties ofncorporating such approaches into the policy; and CommentsClose CommentsPermalink





(B) extending such approaches, where applicable, to care and management of other injured or ill members of the Armed Forces and veterans. CommentsClose CommentsPermalink





(3) ELEMENTS- In conducting the review, the Secretary of Defense and the Secretary of Veterans Affairs shall-- CommentsClose CommentsPermalink





(A) identify among the policies and procedures described in paragraph (1) best practices in approaches to the care and management described in that paragraph; CommentsClose CommentsPermalink





(B) identify among such policies and procedures existing and potential shortfalls in such care and management (including care and management of covered servicemembers on the temporary disability retired list), and determine means of addressing any shortfalls so identified; CommentsClose CommentsPermalink





(C) determine potential modifications of such policies and procedures in order to ensure consistency and uniformity among the military departments and the regions of the Department of Veterans Affairs in their position.`(b) Service Member Advocate- (1) A member in an outpatient status shall be assigned a service member advocate.`application and discharge; and CommentsClose CommentsPermalink





(D) develop recommendations for legislative and administrative action necessary to implement the results of the review. CommentsClose CommentsPermalink





(4) DEADLINE FOR COMPLETION- The review shall be completed not later than 90 days after the date of the enactment of this Act. CommentsClose CommentsPermalink





(c) Consideration of Findings, Recommendations, and Practices- In developing the policy required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall take into account the following: CommentsClose CommentsPermalink





(1) The findings and recommendations of applicable studies, reviews, reports, and evaluations that address matters relating to the policy, including, but not limited, to the following: CommentsClose CommentsPermalink





(A) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center appointed by the Secretary of Defense. CommentsClose CommentsPermalink





(B) The Secretary of Veterans Affairs Task Force on Returning Global War on Terror Heroes appointed by the President. CommentsClose CommentsPermalink





(C) The President's Commission on Care for America's Returning Wounded Warriors. CommentsClose CommentsPermalink





(D) The Veterans' Disability Benefits Commission established by title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 38 U.S.C. 1101 note). CommentsClose CommentsPermalink





(E) The President's Commission on Veterans' Pensions, of 1956, chaired by General Omar N. Bradley. CommentsClose CommentsPermalink





(F) The Report of the Congressional Commission on Servicemembers and Veterans Transition Assistance, of 1999, chaired by Anthony J. Principi. CommentsClose CommentsPermalink





(G) The President's Task Force to Improve Health Care Delivery for Our Nation's Veterans, of March 2003. CommentsClose CommentsPermalink





(2) The duties of the service member advocate shall include--`(A) communicating with the member and with the memberexperience and best practices of the Department of Defense and the military departments on matters relating to the policy. CommentsClose CommentsPermalink





(3) The experience and best practices of the Department of Veterans Affairs on matters relating to the policy. CommentsClose CommentsPermalink





(4) Such other matters as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. CommentsClose CommentsPermalink





(d) Particular Elements of Policy- The policy required by this section shall provide, in particular, the following: CommentsClose CommentsPermalink





(1) RESPONSIBILITY FOR COVERED SERVICEMEMBERS IN MEDICAL HOLD OR MEDICAL HOLDOVER STATUS OR ON TEMPORARY DISABILITY RETIRED LIST- Mechanisms to ensure responsibility for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including the following: CommentsClose CommentsPermalink





(A) Uniform standards for access of covered servicemembers to non-urgent health care services from the Department of Defense or other providers under the TRICARE program, with such access to be-- CommentsClose CommentsPermalink





(i) for follow-up care, within 2 days of request of care; CommentsClose CommentsPermalink





(ii) for specialty care, within 3 days of request of care; CommentsClose CommentsPermalink





(iii) for diagnostic referrals and studies, within 5 days of request; and CommentsClose CommentsPermalink





(iv) for surgery based on a physician's family or other individuals designated by the member;`determination of medical necessity, within 14 days of request. CommentsClose CommentsPermalink





(B) assisting with oversight of the member's welfare and quality of life; and`Requirements for the assignment of adequate numbers of personnel for the purpose of responsibility for and administration of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(C) assisting the member in resolving problems involving financial, administrative, personnel, transitional, and other matters.`(3)(A) Except as provided in subparagraph (B), each service member advocate shall be assigned to not more than 30 members in aRequirements for the assignment of adequate numbers of medical personnel and non-medical personnel to roles and responsibilities for caring for and administering covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, and a description of the roles and responsibilities of personnel so assigned. CommentsClose CommentsPermalink





(D) Guidelines for the location of care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, which guidelines shall address the assignment of such servicemembers to care and residential facilities closest to their duty station or home of record or the location of their designated caregiver at the earliest possible time. CommentsClose CommentsPermalink





(E) Criteria for work and duty assignments of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including a prohibition on the assignment of duty to a servicemember which is incompatible with the servicemember's medical condition. CommentsClose CommentsPermalink





(F) Guidelines for the provision of care and counseling for eligible family members of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(G) Requirements for case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, including qualifications for personnel providing such case management. CommentsClose CommentsPermalink





(H) Requirements for uniform quality of care and administration for all covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether members of the regular components of the Armed Forces or members of the reserve components of the Armed Forces. CommentsClose CommentsPermalink





(I) Standards for the conditions and accessibility of residential facilities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list who are in outpatient status.`(B) The Secretary concerned may waive for up to 120 days the requirement of subparagraph (A) if required due to unforeseen circumstances.`(4) The service member advocate office at each facility shall be headed by a commissioned officer of appropriate rank and appropriate military occupation specialty, designator, or specialty code in order to handle service-specific personnel and financial issues.`(5) The Secretary of Defense shall establish a standard training program and curriculum for service member advocates. Successful completion of the training program is required before a person may assume the duties of a service member advocate.`(6) A service member advocate shall continue to perform the duties described in paragraph (2) with respect to a member until the member is returned to duty or separated or retired from the armed forces.`(7) The Secretary concerned shall ensure that service member advocates have the resources necessary to ensure that they expeditiously carry out the responsibilities and duties of, and for their position.`(c) Outreach- The Secretary of Defense shall make available to each member in animmediate family members. CommentsClose CommentsPermalink





(J) Requirements on the provision of transportation and subsistence for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list, whether in inpatient status or outpatient status at a military medical treatment facility, and to the, to facilitate obtaining needed medical care and services. CommentsClose CommentsPermalink





(K) Requirements on the provision of educational and vocational training and rehabilitation opportunities for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(L) Procedures for tracking and informing covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list about medical evaluation board and physical disability evaluation board processing. CommentsClose CommentsPermalink





(M) Requirements for integrated case management of covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list during their transition from care and treatment through the Department of Defense to care and treatment through the Department of Veterans Affairs. CommentsClose CommentsPermalink





(N) Requirements and standards for advising and training, as appropriate, family members with respect to care for covered servicemembers in medical hold or medical holdover status or on the temporary disability retired list with serious medical conditions, particularly traumatic brain injury (TBI), burns, and post-traumatic stress disorder (PTSD). CommentsClose CommentsPermalink





(O) Requirements for periodic reassessments of covered servicemembers, and limits on the length of time such servicemembers may be retained in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(P) Requirements to inform covered servicemembers and their family members of all such members, information on the availability of services provided by the medical care case managers and service member advocates, including information on how to contact such managers and advocates and how to use their services.`(d) Semiannual Surveys by Secretaries Concerned- The Secretary concerned shall conduct a semiannual survey of members in an outpatient status at installations under the Secretary's supervision. The survey shall include, at a minimum, the members' assessment of the quality of medical care at the facility, the timeliness of medical care at the facility, the adequacy of living facilities and other quality of life programs, the adequacy of case management support, and the fairness and timeliness of the physical disability evaluation system. The survey shall be conducted in coordination with installation medical commanders and authorities, and shall be coordinated with such commanders and authorities before submission to the Secretary.`(e) Definitions- In this section:`(1) The term `member in an outpatient status' means a member of the armed forces assigned to a military medical treatment facility as an outpatient or to a unit established for the purpose of providing command and control of members receiving medical care as outpatients.`(2) The term `disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.'.(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:`1074l. Management of medical and dental care: members assigned to receive care in an outpatient status.'.(b) Effective Date- Section 1074l of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act.SEC. 102. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE OMBUDSMAN OFFICE.(a) Establishment- The Secretary of Defense shallrights and responsibilities while in medical hold or medical holdover status or on the temporary disability retired list. CommentsClose CommentsPermalink





(Q) The requirement to establish a Department of Defense-wide Ombudsman Office (in this section referred to as the `Ombudsman Office') within the Office of the Secretary of Defense.(b) Functions-(1) IN GENERAL- The functions of the Ombudsman Office are to provide policy guidance to, and oversight of, to provide oversight of the ombudsman offices in the military departments.(2) POLICY GUIDANCE- The Ombudsman Office shall develop policy guidance with respect to the following:(A) Providing assistance to and policy guidance to such offices with respect to providing assistance to, and answering questions from recovering service members and their families regarding--(i) administrative processes, financial matters, and non-military related services available to the members , covered servicemembers and their families throughout the member's evaluation, treatment, and recovery;(ii) transfer to the care of the Veterans Administration; and(iii) support services available upon the member's return home.(B) Accountability standards, including--(i) creating and maintaining case files for individual specific questions received, and initiating inquiries and tracking responses for all such questions;(ii) setting. CommentsClose CommentsPermalink





(2) MEDICAL EVALUATION AND PHYSICAL DISABILITY EVALUATION FOR COVERED SERVICEMEMBERS- CommentsClose CommentsPermalink





(A) MEDICAL EVALUATIONS- Processes, procedures, and standards for medical evaluations of covered servicemembers, including the following: CommentsClose CommentsPermalink





(i) Processes for medical evaluations of covered servicemembers that are-- CommentsClose CommentsPermalink





(I) applicable uniformly throughout the military departments; and CommentsClose CommentsPermalink





(II) applicable uniformly with respect to such servicemembers who are members of the regular components of the Armed Forces and such servicemembers who are members of the National Guard and Reserve. CommentsClose CommentsPermalink





(ii) Standard criteria and definitions for determining the achievement for covered servicemembers of the maximum medical benefit from treatment and rehabilitation. CommentsClose CommentsPermalink





(iii) Standard timelines for each of the following: CommentsClose CommentsPermalink





(I) Determinations of fitness for duty of covered servicemembers. CommentsClose CommentsPermalink





(II) Specialty consultations for covered servicemembers. CommentsClose CommentsPermalink





(III) Preparation of medical documents for covered servicemembers. CommentsClose CommentsPermalink





(IV) Appeals by covered servicemembers of medical evaluation determinations, including determinations of fitness for duty. CommentsClose CommentsPermalink





(iv) Uniform standards for timeliness of responses; and(iii) settingqualifications and training of medical evaluation board personnel, including physicians, case workers, and physical disability evaluation board liaison officers, in conducting medical evaluations of covered servicemembers. CommentsClose CommentsPermalink





(v) Standards for the maximum number of medical evaluation cases of covered servicemembers that are pending before a medical evaluation board at any one time, and requirements for the establishment of additional medical evaluation boards in the event such number is exceeded. CommentsClose CommentsPermalink





(vi) Uniform standards for accountability to recovering service membersinformation for covered servicemembers, and their families, including requirements for daily updates to the members andon the medical evaluation board process and the rights and responsibilities of such servicemembers under that process, including a standard handbook on such information. CommentsClose CommentsPermalink





(B) PHYSICAL DISABILITY EVALUATIONS- Processes, procedures, and standards for physical disability evaluations of covered servicemembers, including the following: CommentsClose CommentsPermalink





(i) A non-adversarial process of the Department of Defense and the Department of Veterans Affairs for disability determinations of covered servicemembers. CommentsClose CommentsPermalink





(ii) To the extent feasible, procedures to eliminate unacceptable discrepancies among disability ratings assigned by the military departments and the Department of Veterans Affairs, particularly in the disability evaluation of covered servicemembers, which procedures shall be subject to the following requirements and limitations: CommentsClose CommentsPermalink





(I) Such procedures shall apply uniformly with respect to covered servicemembers who are members of the regular components of the Armed Forces and covered servicemembers who are members of the National Guard and Reserve. CommentsClose CommentsPermalink





(II) Under such procedures, each Secretary of a military department shall, to the extent feasible, utilize the standard schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of such schedule by the United States Court of Appeals for Veterans Claims, in making any determination of disability of a covered servicemember. CommentsClose CommentsPermalink





(iii) Standard timelines for appeals of determinations of disability of covered servicemembers, including timelines for presentation, consideration, and disposition of appeals. CommentsClose CommentsPermalink





(iv) Uniform standards for qualifications and training of physical disability evaluation board personnel in conducting physical disability evaluations of covered servicemembers. CommentsClose CommentsPermalink





(v) Standards for the maximum number of physical disability evaluation cases of covered servicemembers that are pending before a physical disability evaluation board at any one time, and requirements for the establishment of additional physical disability evaluation boards in the event such number is exceeded. CommentsClose CommentsPermalink





(vi) Procedures for the provision of legal counsel to covered servicemembers while undergoing evaluation by a physical disability evaluation board. CommentsClose CommentsPermalink





(vii) Uniform standards on the roles and responsibilities of case managers, servicemember advocates, and judge advocates assigned to covered servicemembers undergoing evaluation by a physical disability board, and uniform standards on the maximum number of cases involving such servicemembers that are to be assigned to such managers and advocates. CommentsClose CommentsPermalink





(C) RETURN OF COVERED SERVICEMEMBERS TO ACTIVE DUTY- Standards for determinations by the military departments on the return of covered servicemembers to active duty in the Armed Forces. CommentsClose CommentsPermalink





(D) TRANSITION OF COVERED SERVICEMEMBERS FROM DOD TO VA- Processes, procedures, and standards for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs before, during, and after separation from the Armed Forces, including the following: CommentsClose CommentsPermalink





(i) A uniform, patient-focused policy to ensure that the transition occurs without gaps in medical care and the quality of medical care, benefits, and services. CommentsClose CommentsPermalink





(ii) Procedures for the identification and tracking of covered servicemembers during the transition, and for the coordination of care and treatment of such servicemembers during the transition, including a system of cooperative case management of such servicemembers by the Department of Defense and the Department of Veterans Affairs during the transition. CommentsClose CommentsPermalink





(iii) Procedures for the notification of Department of Veterans Affairs liaison personnel of the commencement by covered servicemembers of the medical evaluation process and the physical disability evaluation process. CommentsClose CommentsPermalink





(iv) Procedures and timelines for the enrollment of covered servicemembers in applicable enrollment or application systems of the Department of Veterans with respect to health care, disability, education, vocational rehabilitation, or other benefits. CommentsClose CommentsPermalink





(v) Procedures to ensure the access of covered servicemembers during the transition to vocational, educational, and rehabilitation benefits available through the Department of Veterans Affairs. CommentsClose CommentsPermalink





(vi) Standards for the optimal location of Department of Defense and Department of Veterans Affairs liaison and case management personnel at military medical treatment facilities, medical centers, and other medical facilities of the Department of Defense. CommentsClose CommentsPermalink





(vii) Standards and procedures for integrated medical care and management for covered servicemembers during the transition, including procedures for the assignment of medical personnel of the Department of Veterans Affairs to Department of Defense facilities to participate in the needs assessments of such servicemembers before, during, and after their families about stepsseparation from military service. CommentsClose CommentsPermalink





(viii) Standards for the preparation of detailed plans for the transition of covered servicemembers from care and treatment by the Department of Defense to care and treatment by the Department of Veterans Affairs, which plans shall be based on standardized elements with respect to care and treatment requirements and other applicable requirements. CommentsClose CommentsPermalink





(E) OTHER MATTERS- The following additional matters with respect to covered servicemembers: CommentsClose CommentsPermalink





(i) Access by the Department of Veterans Affairs to the military health records of covered servicemembers who are receiving care and treatment, or are anticipating receipt of care and treatment, in Department of Veterans Affairs health care facilities. CommentsClose CommentsPermalink





(ii) Requirements for utilizing, in appropriate cases, a single physical examination that meets requirements of both the Department of Defense and the Department of Veterans Affairs for covered servicemembers who are being taken to alleviate problems and concerns until problems are addressed.(c) Status Reports- The ombudsman office in each military department shall submit status reports of actions taken to address individual concerns to the Ombudsman Office, at such times as the Ombudsman Office considers appropriate.(d) Responses From Other Offices- The Secretary of Defense shall ensure that all other offices within the Department of Defense and the military departments respond in a timely manner to resolve questions and requests from the Ombudsman Office on behalf of recovering service members and their families, including offices responsible for medical matters (including medical holdover processes), financial and accounting matters, legal matters, human resources matters, reserve component matters, installation and management matters, and physical disability mattersretired, separated, or released from military service. CommentsClose CommentsPermalink





(iii) Surveys and other mechanisms to measure patient and family satisfaction with the provision by the Department of Defense and the Department of Veterans Affairs of care and services for covered servicemembers, and to facilitate appropriate oversight by supervisory personnel of the provision of such care and services. CommentsClose CommentsPermalink





(3) REPORT ON REDUCTION IN DISABILITY RATINGS BY THE DEPARTMENT OF DEFENSE- The Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives on the number of instances in which a disability rating assigned to a member of the Armed Forces by an informal physical evaluation board of the Department of Defense was reduced upon appeal, and the reasons for such reduction. Such report shall cover the period beginning October 7, 2001, and ending September 30, 2006, and shall be submitted to the appropriate committees of Congress by February 1, 2008. CommentsClose CommentsPermalink





(e) Staff of the Office- The staff of the Ombudsman Office shall include representatives from each military department, including persons with experience in medical holdover processes and other medical mattersReports- CommentsClose CommentsPermalink





(1) REPORT ON POLICY- Upon the development of the policy required by this section but not later than January 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the policy, including a comprehensive and detailed description of the policy and of the manner in which the policy addresses the findings and recommendations of the reviews under subsections (b) and (c). CommentsClose CommentsPermalink





(2) REPORTS ON UPDATE- Upon updating the policy under subsection (a)(4), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the update of the policy, including a comprehensive and detailed description of such update and of the reasons for such update. CommentsClose CommentsPermalink





(f) Comptroller General Assessment of Implementation- Not later than six months after the date of the enactment of this Act and every year thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Secretary of Defense and the Secretary of Veterans Affairs in developing and implementing the policy required by this section. CommentsClose CommentsPermalink

SEC. 103. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR REPORTING DEFICIENCIES IN MEDICAL-RELATED SUPPORT FACILITIES AND EXPEDITED RESPONSE12. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE ARMED FORCES AND VETERANS.

(a) Medical and Dental Care for Members and Former Members- CommentsClose CommentsPermalink





(1) IN GENERAL- Effective as of the date of the enactment of this Act and subject to regulations prescribed by the Secretary of Defense, any covered member of the Armed Forces, and any former member of the Armed Forces, with a severe injury or illness is entitled to medical and dental care in any facility of the uniformed services undersection 1074(a) of title 10, United States Code, or through any civilian health care provider authorized by the Secretary to provide health and mental health services to members of the uniformed services, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD), as if such member or former member were a member of the uniformed services described in paragraph (2) of such section who is entitled to medical and dental care under such section. CommentsClose CommentsPermalink





(2) PERIOD OF AUTHORIZED CARE- (A) Except as provided in subparagraph (B), a member or former member described in paragraph (1) is entitled to care under that paragraph-- CommentsClose CommentsPermalink





(i) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated during the period beginning on October 7, 2001, and ending on the date of the enactment of this Act, during the three-year period beginning on the date of the enactment of this Act, except that no compensation is payable by reason of this subsection for any period before the date of the enactment of this Act; or CommentsClose CommentsPermalink





(ii) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated on or after the date of the enactment of this Act, during the three-year period beginning on the date on which such injury or illness is so incurred or aggravated. CommentsClose CommentsPermalink





(B) The period of care authorized for a member or former member under this paragraph may be extended by the Secretary concerned for an additional period of up to two years if the Secretary concerned determines that such extension is necessary to assure the maximum feasible recovery and rehabilitation of the member or former member. Any such determination shall be made on a case-by-case basis. CommentsClose CommentsPermalink





(3) INTEGRATED CARE MANAGEMENT- The Secretary of Defense shall provide for a program of integrated care management in the provision of care and services under this subsection, which management shall be provided by appropriate medical and case management personnel of the Department of Defense and the Department of Veterans Affairs (as approved by the Secretary of Veterans Affairs) and with appropriate support from the Department of Defense regional health care support contractors. CommentsClose CommentsPermalink





(4) WAIVER OF LIMITATIONS TO REPORTS OF DEFICIENCIES.(a) Establishment- Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:`Sec. 1567. Identification and investigation of deficiencies in adequacy, quality, and state of repair of medical-related support facilities`(a) Toll-Free Hot Line- The Secretary of Defense shall establish and maintain a toll-free telephone number (commonly referred to as a `hot line') at which personnel are accessible at all times to collect, maintain, and update information regarding possible deficiencies in the adequacy, quality, and state of repair of medical-related support facilities. The Secretary shall widely disseminate information regarding the existence and availability of the toll-free telephone number to members of the armed forces and their dependents.`MAXIMIZE CARE- The Secretary of Defense may, in providing medical and dental care to a member or former member under this subsection during the period referred to in paragraph (2), waive any limitation otherwise applicable under chapter 55 of title 10, United States Code, to the provision of such care to the member or former member if the Secretary considers the waiver appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member. CommentsClose CommentsPermalink





(5) CONSTRUCTION WITH ELIGIBILITY FOR VETERANS BENEFITS- Nothing in this subsection shall be construed to reduce, alter, or otherwise affect the eligibility or entitlement of a member or former member of the Armed Forces to any health care, disability, or other benefits to which the member of former member would otherwise be eligible or entitled as a veteran under the laws administered by the Secretary of Veterans Affairs. CommentsClose CommentsPermalink





(6) SUNSET- The Secretary of Defense may not provide medical or dental care to a member or former member of the Armed Forces under this subsection after December 31, 2012, if the Secretary has not provided medical or dental care to the member or former member under this subsection before that date. CommentsClose CommentsPermalink





(b) Confidentiality- (1) Individuals who seek to provide information Rehabilitation and Vocational Benefits- CommentsClose CommentsPermalink





(1) IN GENERAL- Effective as of the date of the enactment of this Act, a member of the Armed Forces with a severe injury or illness is entitled to such benefits (including rehabilitation and vocational benefits, but not including compensation) from the Secretary of Veterans Affairs to facilitate the recovery and rehabilitation of such member as the Secretary otherwise provides to members of the Armed Forces receiving medical care in medical facilities of the Department of Veterans Affairs facilities in order to facilitate the recovery and rehabilitation of such members. CommentsClose CommentsPermalink





(2) LIMITATIONS- The provisions of paragraphs (2) through use of the toll-free telephone number under subsection (a) shall be notified, immediately before they provide such information, of their option to elect, at their discretion, to have(6) of subsection (a) shall apply to the provision of benefits under this subsection as if the benefits provided under this subsection were provided under subsection (a). CommentsClose CommentsPermalink





(3) REIMBURSEMENT- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for the cost of any benefits provided under this subsection in accordance with applicable mechanisms for the reimbursement of the Secretary of Veterans Affairs for the provision of medical care to members of the Armed Forces. CommentsClose CommentsPermalink





(c) Recovery of Certain Expenses of Medical Care and Related Travel- CommentsClose CommentsPermalink





(1) IN GENERAL- Commencing not later than 60 days after the date of the enactment of this Act, the Secretary of the military department concerned may reimburse covered members of the Armed Forces, and former members of the Armed Forces, with a severe injury or illness for covered expenses incurred by such members or former members, or their identity remain confidential.`family members, in connection with the receipt by such members or former members of medical care that is required for such injury or illness. CommentsClose CommentsPermalink





(2) In the case of informationCOVERED EXPENSES- Expenses for which reimbursement may be made under paragraph (1) include the following: CommentsClose CommentsPermalink





(A) Expenses for health care services for which coverage would be provided through use of the toll-free telephone number by an individual who elects to maintain the confidentiality of his or her identity, any individual who, by necessity, has had access to such informationundersection 1074(c) of title 10, United States Code, for members of the uniformed services on active duty. CommentsClose CommentsPermalink





(B) Expenses of travel of a non-medical attendant who accompanies a member or former member of the Armed Forces for required medical care that is not available to such member or former member locally, if such attendant is appointed for that purpose by a competent medical authority (as determined under regulations prescribed by the Secretary of Defense for purposes of this subsection). CommentsClose CommentsPermalink





(C) Such other expenses for medical care as the Secretary may prescribe for purposes of this subsection. CommentsClose CommentsPermalink





(3) AMOUNT OF REIMBURSEMENT- The amount of reimbursement under paragraph (1) for purposes of conducting the investigation or executing the response plan required by subsection (c) may not disclose the identity of the individual who provided the information.`(c) Investigation and Response Plan- Not later than 96 hours after a report of deficiencies in the adequacy, quality, or state of repair of a medical-related support facility is received by way of the toll-free telephone number or other source, the Secretary of Defense shall ensure that--`(1) the deficiencies referred to in the report are investigated; and`expenses covered by paragraph (2)if substantiated, a plan of action for remediation of the deficiencies is developed and implemented.` shall be determined in accordance with regulations prescribed by the Secretary of Defense for purposes of this subsection. CommentsClose CommentsPermalink





(d) Relocation- If the Secretary of Defense determines, on the basis of the investigation conducted in response to a report of deficiencies at a medical-related support facility, that conditions at the facility violate health and safety standards, the Secretary shall relocate the occupants of the facility while the violations are corrected.`(e) Medical-Related Support FacilitySevere Injury or Illness Defined- In this section, the term `medical-related support facility' means any facility of the Department of Defense that provides support to any of the following:`(1) Members of the armed forces admitted for treatment to a military medical treatment facility.`(2) Members of the armed forces assigned to a military medical treatment facility as an outpatient.`(3) Family members accompanying any member described in paragraph (1) or (2) as a nonmedical attendant.'.(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:`1567. Identification and investigation of deficiencies in adequacy, quality, and state of repair of medical-related support facilities.'.(c) Effective Date- The toll-free telephone number required to be established by section 1567 of title 10, United States Code, as added by subsection (a), shall be fully operational not later than 180 days after the date of the enactment of this Act.SEC. 104. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED SERVICE MEMBERS.(a) Notification Required- Chapter 55 of title 10, United States Code, is further amended by inserting after section 1074l the following new section:`Sec. 1074m. Notification to Congress of hospitalization of combat wounded members`severe injury or illness' means any serious injury or illness that is assigned a disability rating of 30 percent or higher under the schedule for rating disabilities in use by the Department of Defense. CommentsClose CommentsPermalink

(a) Notification Required- The Secretary concerned shall provide notification of the hospitalization of any member of the armed forces evacuated from a theater of combat to the appropriate Members of Congress.Travel-Section 1074i of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsection (b) as subsection (c); and CommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following new subsection (b): CommentsClose CommentsPermalink





`(b) Appropriate Members- In this section, the term `appropriate Members of Congress', with respect to the member of the armed forces about whom notification is being made, means the Senators and the Members of the House of Representatives representing the States or districts, respectively, that include the member's home of record and, if different, the residence of the next of kin, or a different location as provided by the member.`(c) Consent of Member Required- The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.'.(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:`1074m. Notification to Congress of hospitalization ofFollow-on Specialty Care and Related Services- In any case in which a former member of a uniformed service who incurred a disability while on active duty in a combat wounded members.'.SEC. 105. INDEPENDENT MEDICAL ADVOCATE FOR MEMBERS BEFORE MEDICAL EVALUATION BOARDS.zone or during performance of duty in combat related operations (as designated by the Secretary of Defense), and is entitled to retired or retainer pay, or equivalent pay, requires follow-on specialty care, services, or supplies related to such disability at a specific military treatment facility more than 100 miles from the location in which the former member resides, the Secretary shall provide reimbursement for reasonable travel expenses comparable to those provided under subsection (a)Assignment of Independent Medical Advocate- Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:`(d) Independent Medical Advocate for Members Before Medical Evaluation Boards- (1) The Secretary of each military department shall ensure, in the case of any member of the armed forces being considered by a medical evaluation board under that Secretary's supervision, that the member has access to a physician or other appropriate health care professional who is independent of the medical evaluation board.`(2) The physician or other health care professional assigned to a member shall--`(A) serve as an advocate for the best interests of the member; and`(B) provide the member with advice and counsel regarding the medical condition of the member and the findings and recommendations of the medical evaluation board for the former member, and when accompaniment by an adult is determined by competent medical authority to be necessary, for a spouse, parent, or guardian of the former member, or another member of the former member's family who is at least 21 years of age.'. CommentsClose CommentsPermalink





(b) Clerical Amendments-(1) SECTION HEADING- The heading of such section is amended to read as follows:`Sec. 1222. Physical evaluation boards and medical evaluation boards'.(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 61 of such title is amended by striking the item relating to section 1222 and inserting the following new item:`1222. Physical evaluation boards and medical evaluation boards.'.(c) Effective Date- Subsection (d) of section 1222 of title 10, United States Code, as added by subsection (a),The amendments made by subsection (a) shall take effect January 1, 2008, and shall apply with respect to medical evaluation boards convened after the end of the 180-day period beginning on the date of the enactment of this Act.SEC. 106. TRAINING AND WORKLOAD FOR PHYSICAL EVALUATION BOARD LIAISON OFFICERS.(a) Requirements- Section 1222(b) of title 10, United States Code, is amended--(1) in paragraph (1)--(A) by striking `establishing--' and all that follows through `a requirement' and inserting `establishing a requirement'; and(B) by striking `that Secretary; and' and all thattravel that occurs on or after that date. CommentsClose CommentsPermalink

(a) Medical Care- CommentsClose CommentsPermalink





(1) IN GENERAL- A family member of a covered member of the Armed Forces who is not otherwise eligible for medical care at a military medical treatment facility or at medical facilities of the Department of Veterans Affairs shall be eligible for such care at such facilities, on a space-available basis, if the family member is-- CommentsClose CommentsPermalink





(A) on invitational orders while caring for the covered member of the Armed Forces; CommentsClose CommentsPermalink





(B) a non-medical attendee caring for the covered member of the Armed Forces; or CommentsClose CommentsPermalink





(C) receiving per diem payments from the Department of Defense while caring for the covered member of the Armed Forces. CommentsClose CommentsPermalink





(2) SPECIFICATION OF FAMILY MEMBERS- Notwithstanding section 101(3), the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe in regulations the family members of covered members of the Armed Forces who shall be considered to be a family member of a covered member of the Armed Forces for purposes of paragraph (1). CommentsClose CommentsPermalink





(3) SPECIFICATION OF CARE- (A) The Secretary of Defense shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at military medical treatment facilities. CommentsClose CommentsPermalink





(B) The Secretary of Veterans Affairs shall prescribe in regulations the medical care and counseling that shall be available to family members under paragraph (1) at medical facilities of the Department of Veterans Affairs. CommentsClose CommentsPermalink





(4) RECOVERY OF COSTS- The United States may recover the costs of the provision of medical care and counseling under paragraph (1) as follows through the end of subparagraph (B) and inserting `that Secretary. A physical evaluation board liaison officer may not be assigned(as applicable): CommentsClose CommentsPermalink





(A) From third-party payers, in the same manner as the United States may collect costs of the charges of health care provided to covered beneficiaries from third-party payers undersection 1095 of title 10, United States Code. CommentsClose CommentsPermalink





(B) As if such care and counseling was provided under the authority ofsection 1784 of title 38, United States Code. CommentsClose CommentsPermalink





(b) Job Placement Services- A family member who is on invitational orders or is a non-medical attendee while caring for a covered member of the Armed Forces for more than 20 members at any one time, except that the Secretary concerned may authorize the assignment of45 days during a one-year period shall be eligible for job placement services otherwise offered by the Department of Defense. CommentsClose CommentsPermalink





(c) Report on Need for Additional Services- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the assessment of the Secretary of the need for additional members, for not more than 120 days, if required due to unforeseen circumstances.';(2) in paragraph (2), by inserting after `(2)' the following new sentences: `The Secretary of Defense shall establish a standardized training program and curriculum for physical evaluation board liaison officers. Successful completion of the training program is required before a person may assume the duties of a physical evaluation board liaison officer.'; and(3) by adding at the end the following new paragraph:`(3) In this subsection, the term `physical evaluation board liaison officer' includes any person designated as, or assigned the duties of, an assistant to a physical evaluation board liaison officer.'.(b) Effective Date- The limitation on the maximum number of members of the Armed Forces who may be assigned to a physical evaluation board liaison officer shall take effect 180 days after the date of the enactment of this Act. The training program and curriculum for physical evaluation board liaison officers shall be implemented not later than 180 days after the date of the enactment of this Act.SEC. 107. STANDARDIZED TRAINING PROGRAM AND CURRICULUM FOR DEPARTMENT OF DEFENSE DISABILITY EVALUATION SYSTEM.(a) Training Program Required- employment services, and of the need for employment protection, of family members described in subsection (b) who are placed on leave from employment or otherwise displaced from employment while caring for a covered member of the Armed Forces as described in that subsection. CommentsClose CommentsPermalink

(a) In General- Section 1216 of title 10, United States Code, is amended by adding at the end the following new subsection:`(e)(1) The Secretary of Defense shall establish a standardized training program and curriculum for persons described in paragraph (2) who are involved in the disability evaluation system. The training under the program shall be provided as soon as practicable in coordination with other training associated with the responsibilities of the person.`(2) Persons covered by 079(d) of title 10, United States Code , is amended-- CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and CommentsClose CommentsPermalink





(2) by inserting after paragraph (1) the following new paragraph (2): CommentsClose CommentsPermalink





`(2)(A) Subject to such terms, conditions, and exceptions as the Secretary of Defense considers appropriate, the program of extended benefits for eligible dependents under this subsection shall include --`(A) Commanders.`(B) Enlisted members who perform supervisory functionsextended benefits for the primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty. CommentsClose CommentsPermalink





`(B) The Secretary of Defense shall prescribe in regulations the individuals who shall be treated as the primary caregivers of a member of the uniformed services for purposes of this paragraph. CommentsClose CommentsPermalink





`(C) Health care professionals.`(D) Others persons with administrative, professional, or technical responsibilities in the disability evaluation system.`(3) In this subsection, the term `disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland SecurityFor purposes of this section, a serious injury or illness, with respect to a member of the uniformed services, is an injury or illness that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating and that renders a member of the uniformed services dependant upon a caregiver.'. CommentsClose CommentsPermalink





(b) Effective Date- The standardized training program and curriculum required by subsection (e) of section 1216 of title 10, United States Code, as added by subsection (a), shall be established not later than 180 days after the date of the enactment of this Act.SEC. 108. IMPROVED TRAINING FOR HEALTH CARE PROFESSIONALS, MEDICAL CARE CASE MANAGERS, AND SERVICE MEMBER ADVOCATEamendments made by subsection (a) shall take effect on January 1, 2008. CommentsClose CommentsPermalink

SEC. 131. COMPREHENSIVE PLANS ON PARTICULAR CONDITIONS OF RECOVERING SERVICE MEMBERREVENTION, DIAGNOSIS, MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER IN MEMBERS OF THE ARMED FORCES.

(a) Recommendations- Not later than 9Plans Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate, in consultation with the Secretary of Veterans Affairs, submit to the congressional committees a report setting forth recommendations for the improvement of the training provided to health care professionals, medical care case managers, and service member advocates who provide care for or assistance to recovering service members. The recommendations shall include, at a minimum, specific recommendations to ensure that such health care professionals, medical care case managers, and service member advocates are adequately trained and able to detect early warning signs of post-traumatic stress disorder (PTSD), suicidal tendencies, and other mental health conditions among recovering service members and make prompt notification to the appropriate health care professionaldefense committees one or more comprehensive plans for programs and activities of the Department of Defense to prevent, diagnose, mitigate, treat, and otherwise respond to traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in members of the Armed Forces. CommentsClose CommentsPermalink





(b) Annual Review of Training- Not later than 180 days after the date of the enactment of this Act and annually thereafter throughout the global war on terror, the Secretary shall submit to the appropriate congressional committees a report on the following:(1) The progress made in providing the training recommendElements- Each plan submitted under subsection (a) shall include comprehensive proposals of the Department on the following: CommentsClose CommentsPermalink





(1) The designation by the Secretary of Defense of a lead agent or executive agent for the Department to coordinate development and implementation of the plan. CommentsClose CommentsPermalink





(2) The quality of training provided to health care professionals, medical care case managers, and service member advocates, and the number of such professionals, managers, and advocates trained.(3) The progress made in developing the tracking system under subsection (c) and the results of the system.(c) Tracking System- Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a system to track the number of notifications made by medical care case managers and service member advocates to health care professionals regarding early warning signs of improvement of personnel protective equipment for members of the Armed Forces in order to prevent traumatic brain injury. CommentsClose CommentsPermalink





(3) The improvement of methods and mechanisms for the detection and treatment of traumatic brain injury and post-traumatic stress disorder and suicide in recovering service members assigned to the managers and advocates.SEC. 109. PILOT PROGRAM TO ESTABLISH AN ARMY WOUNDED WARRIOR BATTALION AT AN APPROPRIATE ACTIVE DUTY BASE.(a) Pilot Program Required-(1) ESTABLISHMENT- The Secretary of the Army shall establish a pilot program, at an appropriate active duty base with a major medical facility, based on the Wounded Warrior Regiment program of the Marine Corps. The pilot program shall be known as the Army Wounded Warrior Battalion.(2) PURPOSE- Under the pilot program, the Battalion shall track and assist members of the Armed Forces in an outpatient status who are still in need of medical treatment through--(A) the course of their treatment;(B) medical and physical evaluation boards;(C) transition back to their parent units; and(D) medical retirement and subsequent transition into the Department of Veterans Affairs medical system.(3) ORGANIZATION- The commanding officer of the Battalion shall be selected by the Army Chief of Staff and shall be a in members of the Armed Forces in the field. CommentsClose CommentsPermalink





(4) The requirements for research on traumatic brain injury and post-traumatic stress disorder, including (in particular) research on pharmacological approaches to treatment for traumatic brain injury or post-command, at O-5 or O-5 select, with combat experience in Operation Iraqi Freedom or Operation Enduring Freedom. The chain-of-command shall be filled by previously wounded junior officers and non-commissioned officers when available and appropriate.(4) FACILITIES- The base selected for the pilot program shall provide adequate physical infrastructure to house the Army Wounded Warrior Battalion. Any funds necessary for construction or renovation of existing facilities shall be allocated from the Department of Defense Medical Support Fund established under this Act.(5) COORDINATION- The Secretarytraumatic stress disorder, as applicable, and the allocation of priorities among such research. CommentsClose CommentsPermalink





(5) The development, adoption, and deployment of diagnostic criteria for the detection and evaluation of the Army shall consult with appropriate Marine Corps counterparts to ensure coordination of best practices and lessons learned.(6) PERIOD OF PILOT PROGRAM- The pilot program shall be in effect for a period of one year.(b) Reporting Requirement- Not later than 90 days after the end of the one-year period for the pilot project, the Secretary ofrange of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, which criteria shall be employed uniformly across the military departments in all applicable circumstances, including provision of clinical care and assessment of future deployability of members of the Armed Forces. CommentsClose CommentsPermalink





(6) The development and deployment of effective means of assessing traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including a system of pre-deployment and post-deployment screenings of cognitive ability in members for the detection of cognitive impairment, as required by the Army shall submit to Congress a report containing--(1) an evaluation of the results of the pilot project;(2) an assessment of the Army's ability to establish Wounded Warrior Battalions at other major Army bases.(3) recommendations regarding--(A) the adaptability of the Wounded Warrior Battalion concept for the Army's larger wounded populationamendments made by section 132. CommentsClose CommentsPermalink





(7) The development and deployment of effective means of managing and monitoring members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder in the receipt of care for traumatic brain injury or post-traumatic stress disorder, as applicable, including the monitoring and assessment of treatment and outcomes. CommentsClose CommentsPermalink





(8) The development and deployment of an education and awareness training initiative designed to reduce the negative stigma associated with traumatic brain injury, post-traumatic stress disorder, and mental health treatment. CommentsClose CommentsPermalink





(9) The provision of education and outreach to families of members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder on a range of matters relating to traumatic brain injury or post-traumatic stress disorder, as applicable, including detection, mitigation, and treatment. CommentsClose CommentsPermalink





(10) The assessment of the current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces. CommentsClose CommentsPermalink





(11) The identification of gaps in current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces. CommentsClose CommentsPermalink





(12) The identification of the resources required for the Department in fiscal years 2009 thru 2013 to address the gaps in capabilities identified under paragraph (11). CommentsClose CommentsPermalink





(13) The development of joint planning among the Department of Defense, the military departments, and the Department of Veterans Affairs for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, including planning for the seamless transition of such members from care through the Department of Defense care through the Department of Veterans Affairs. CommentsClose CommentsPermalink





(14) A requirement that exposure to a blast or blasts be recorded in the records of members of the Armed Forces. CommentsClose CommentsPermalink





(15) The development of clinical practice guidelines for the diagnosis and treatment of blast injuries in members of the Armed Forces, including, but not limited to, traumatic brain injury. CommentsClose CommentsPermalink





(16) A program under which each member of the Armed Forces who incurs a traumatic brain injury or post-traumatic stress disorder during service in the Armed Forces-- CommentsClose CommentsPermalink





(A) is enrolled in the program; and CommentsClose CommentsPermalink





(B) closer coordination and sharing of resources with counterpart programs of the Marine Corpreceives, under the program, treatment and rehabilitation meeting a standard of care such that each individual who is a member of the Armed Forces who qualifies for care under the program shall-- CommentsClose CommentsPermalink





(i) be provided the highest quality of care possible based on the medical judgment of qualified medical professionals in facilities that most appropriately meet the specific needs of the individual; and CommentsClose CommentsPermalink





(ii) be rehabilitated to the fullest extent possible using the most up-to-date medical technology, medical rehabilitation practices, and medical expertise available. CommentsClose CommentsPermalink





(17) A requirement that if a member of the Armed Forces participating in a program established in accordance with paragraph (16) believes that care provided to such participant does not meet the standard of care specified in subparagraph (B) of such paragraph, the Secretary of Defense shall, upon request of the participant, provide to such participant a referral to another Department of Defense or Department of Veterans Affairs provider of medical or rehabilitative care for a second opinion regarding the care that would meet the standard of care specified in such subparagraph. CommentsClose CommentsPermalink





(18) The provision of information by the Secretary of Defense to members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder and their families about their rights with respect to the following: CommentsClose CommentsPermalink





(A) The receipt of medical and mental health care from the Department of Defense and the Department of Veterans Affairs. CommentsClose CommentsPermalink





(B) The options available to such members for treatment of traumatic brain injury and post-traumatic stress disorder. CommentsClose CommentsPermalink





(C) The options available to such members for rehabilitation. CommentsClose CommentsPermalink





(D) The options available to such members for a referral to a public or private provider of medical or rehabilitative care. CommentsClose CommentsPermalink





(E) The right to administrative review of any decision with respect to the provision of care by the Department of Defense for such members. CommentsClose CommentsPermalink





(c) Effective Date- The pilot program required by this section shall be implemented not later than 180 days after the date of the enactment of this Act.SEC. 110. CRITERIA FOR REMOVAL OF MEMBER FROM TEMPORARY DISABILITY RETIRED LIST.Coordination in Development- Each plan submitted under subsection (a)Criteria- Section 1210(e) of title 10, United States Code, is amended by inserting `of a permanent nature and stable and is' after `physical disability is'.(b) Effective Date- The amendment made by subsection (a) shall apply to any case received for consideration by a physical evaluation board after the date of the enactment of this Ac shall be developed in coordination with the Secretary of the Army (who was designated by the Secretary of Defense as executive agent for the prevention, mitigation, and treatment of blast injuries under section 256 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)). CommentsClose CommentsPermalink





(d) Additional Activities- In carrying out programs and activities for the prevention, diagnosis, mitigation, and treatment of traumatic brain injury and post-traumatic stress disorder in members of the Armed Forces, the Secretary of Defense shall-- CommentsClose CommentsPermalink





(1) examine the results of the recently completed Phase 2 study, funded by the National Institutes of Health, on the use of progesterone for acute traumatic brain injury; CommentsClose CommentsPermalink





(2) determine if Department of Defense funding for a Phase 3 clinical trial on the use of progesterone for acute traumatic brain injury, or for further research regarding the use of progesterone or its metabolites for treatment of traumatic brain injury, is warranted; and CommentsClose CommentsPermalink





(3) provide for the collaboration of the Department of Defense, as appropriate, in clinical trials and research on pharmacological approaches to treatment for traumatic brain injury and post-traumatic stress disorder that is conducted by other departments and agencies of the Federal Government. CommentsClose CommentsPermalink

SEC. 111. IMPROVED TRANSITION OF32. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE ARMED FORCES TO DEPARTMENT OF VETERANS AFFAIRS UPON RETIREMENT OR SEPARATIONDEPLOYED OVERSEAS.

(a) Transition of Members Separated or RetiredProtocol for Assessment of Cognitive Functioning- CommentsClose CommentsPermalink





(1) TRANSITION PROCESSPROTOCOL REQUIRED- Subsection (b) ofsection 1074f of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(A) in paragraph (2), by adding at the end the following new subparagraph: CommentsClose CommentsPermalink





`(C) An assessment of post-traumatic stress disorder.'; and CommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





`(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 who is deployed outside the United States in order to facilitate the assessment of the postdeployment cognitive (including memory) functioning of the member. CommentsClose CommentsPermalink





`(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic brain injury in members returning from deployment in a combat zone.'. CommentsClose CommentsPermalink





(2) PILOT PROJECTS- (A) In developing the protocol required by paragraph (3) ofsection 1074f(b) of title 10, United States Code (as amended by paragraph (1) of this subsection), for purposes of assessments for traumatic brain injury, the Secretary of Defense shall conduct up to three pilot projects to evaluate various mechanisms for use in the protocol for such purposes. One of the mechanisms to be so evaluated shall be a computer-based assessment tool. CommentsClose CommentsPermalink





(B) Not later than 60 days after the completion of the pilot projects conducted under this paragraph, the Secretary shall submit to the appropriate committees of Congress a report on the pilot projects. The report shall include-- CommentsClose CommentsPermalink





(i) a description of the pilot projects so conducted; CommentsClose CommentsPermalink





(ii) an assessment of the results of each such pilot project; and CommentsClose CommentsPermalink





(iii) a description of any mechanisms evaluated under each such pilot project that will incorporated into the protocol. CommentsClose CommentsPermalink





(C) Not later than 180 days after completion of the pilot projects conducted under this paragraph, the Secretary shall establish a mechanism for implementing any mechanism evaluated under such a pilot project that is selected for incorporation in the protocol. CommentsClose CommentsPermalink





(D) There is hereby authorized to be appropriated to the Department of Defense, $3,000,000 for the pilot projects authorized by this paragraph. Of the amount so authorized to be appropriated, not more than $1,000,000 shall be available for any particular pilot project. CommentsClose CommentsPermalink





(b) Quality Assurance- Subsection (d)(2) ofsection 1074f of title 10, United States Code, is amended by adding at the end the following new subparagraph: CommentsClose CommentsPermalink





`(F) The diagnosis and treatment of traumatic brain injury and post-traumatic stress disorder.'. CommentsClose CommentsPermalink





(c) Standards for Deployment- Subsection (f) of such section is amended-- CommentsClose CommentsPermalink





(1) in the subsection heading, by striking `Mental Health'; and CommentsClose CommentsPermalink





(2) in paragraph (2)(B), by striking `or' and inserting `, traumatic brain injury, or'. CommentsClose CommentsPermalink

(a) Center of Excellence on Traumatic Brain Injury- Chapter 58 of title 10, United States Code, is amended by inserting after section 11425 of title 10, United States Code, is amended by inserting after section 1105 the following new section: CommentsClose CommentsPermalink

`Sec. 1142a. Process for transition of members to health care and physical disability systems of Department of Veterans Affairs`(a) Transition Plan- (1) The Secretary of Defense05a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury

`(a) In General- The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury (TBI), including mild, moderate, and severe traumatic brain injury, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury'. CommentsClose CommentsPermalink





`(b) Partnerships- The Secretary shall ensure that each member of the armed forces who is being separated or retired under chapter 61 of this title receives a written transition plan that--`(A) specifies the recommended schedule and milestones for the transition of the member from military service; and`(B) provides for a coordinated transition of the member from the Department of Defense disability system to the Department of Veterans Affairsthe Center collaborates to the maximum extent practicable with the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). CommentsClose CommentsPermalink





`(c) Responsibilities- The Center shall have responsibilities as follows: CommentsClose CommentsPermalink





`(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury. CommentsClose CommentsPermalink





`(2) A member being separated or retired under chapter 61 of this title shall receive the transition plan before the separation or retirement date of the memberTo provide for the development, testing, and dissemination within the Department of best practices for the treatment of traumatic brain injury. CommentsClose CommentsPermalink





`(3) The transition plan for a member under this subsection shall include information and guidance designed to assist the member in understanding and meeting the schedule and milestones for the member's transition.`(b) Formal Transition Process- (1) The Secretary of Defense, in cooperation with the Secretary of Veterans Affairs, shall establish a formal process for the transmittal to the Secretary of Veterans Affairs of the records and other information described in paragraph (2) as part of the separation or retirement of a membero provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces under chapter 61 of this title.`(2) The records and other information to be transmitted under paragraph (1) with respect to a member shall include, at a minimum, the following:`(A) The member's address and contact information.`(B) The membwith traumatic brain injury. CommentsClose CommentsPermalink





`(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of traumatic brain injury. CommentsClose CommentsPermalink





`(5) To facilitate advancements in the study of the short-term and long-term psychological effects of traumatic brain injury. CommentsClose CommentsPermalink





`(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals, with respect to traumatic brain injury. CommentsClose CommentsPermalink





`(7) To conduct basic science and translational research on traumatic brain injury for the purposes of understanding the etiology of traumatic brain injury and developing preventive interventions and new treatments. CommentsClose CommentsPermalink





`(8) To develop outreach strategies and treatments for families of members of the armed forces with traumatic brain injury in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from traumatic brain injury. CommentsClose CommentsPermalink





`(9) To conduct research on the unique mental health needs of women members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(11) To conduct research on the mental health needs of families of members of the armed forces with traumatic brain injury and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(12) To conduct longitudinal studies (using imaging technology and other proven research methods) on members of the armed forces with traumatic brain injury to identify early signs of Alzheimer's DD-214 discharge form, which shall be transmitted electronically.`(C) A copy of the member's service record, including medical records and any results of a Physical Evaluation Board.`(D) Whether the member is entitled to transitional health care, a conversion health policy, or other health benefits through the Department of Defense under section 1145 of this title.`(E) Any requests by the member for assistance in enrolling in, or completed applications for enrollment in, the health care system of the Department of Veterans Affairs for health care benefits for which the member may be eligible under laws administered by the Secretary of Veterans Affairs.`(F) Any requests by the member for assistance in applying for, or completed applications for, compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title.`(3) The transmittal of information under paragraph (1) may be subject to the consent of the member, as required by statute.`(4) With the consent of the member, the memberdisease, Parkinson's address and contact information shall also be submitted to the department or agency for veterans affairs of the State in which the member intends to reside after the separation or retirement of the member.`(c) Meeting- (1) The formal process required by subsection (b) for the transmittal of records and other information with respect to a member shall include a meetingdisease, or other manifestations of neurodegeneration in such members, which studies should be conducted in coordination with the studies authorized by section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294) and other studies of the Department of Defense and the Department of Veterans Affairs that address the connection between representatives of the Secretary concerned and the Secretary of Veterans Affairs, which shall take place at a location designated by the Secretaries. The member shall be informed of the meeting at least 30 days in advance of the meeting, except that the member may waive the notice requireexposure to combat and the development of Alzheimer's disease, Parkinson's disease, and other neurodegenerative disorders. CommentsClose CommentsPermalink





`(13) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to accelerate transmission of the member's records and other information to the Department of Veterans Affairs.`(2) A member shall be given an opportunity to submit a written statement for consideration by the Secretary of Veterans Affairs.`(d) Time for Transmittal of Records- The Secretary concerned shall provide for the transmittal to the Department of Veterans Affairs of records and other information with respect to a member at the earliest practicable date. In no case should the transmittal occur later than the datefacilitate the meeting by the Department of the needs of members of the separation or retirement of the member.`(e) Armed Forces- In this section, the term `armed forces' means the Army, Navy, Air Force, and Marine Corps.'.(2) TABLE OF SECTIONS- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1142 the following new item:`1142a. Process for transition of members to health care and physical disability systems of Department of Veterans Affairs with traumatic brain injury until their transition to care and treatment from the Department of Veterans Affairs. CommentsClose CommentsPermalink





`(14) To develop a program on comprehensive pain management, including management of acute and chronic pain, to utilize current and develop new treatments for pain, and to identify and disseminate best practices on pain management. CommentsClose CommentsPermalink





`(15) Such other responsibilities as the Secretary shall specify.'. CommentsClose CommentsPermalink





(b) Uniform Separation and Evaluation Physical- Section 1145 of such title is amended--(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and(2) by inserting after subsection (c) the following new subsection:`(d) Uniform Separation and Evaluation Physical- The joint separation and evaluation physical, as described in DD-2808 and DD-2697, shall be used by the Secretary of Defense in connection with the medical separation or retirement of all members of the armed forces, including members separated or retired under chapter 61 of this title. The Secretary of Veterans Affairs shall adopt the same separation and evaluation physical for use by the Department of Veterans Affairs.'.(c) Interoperability of Medical Information Systems and Bi-Directional Access- The Secretary of Defense and the Secretary of Veterans Affairs shall establish and implement a single medical information system for the Department of Defense and the Department of Veterans Affairs for the purpose of ensuring the complete interoperability and bi-directional, real-time exchange of critical medical information.(d) Co-Location of VA Benefit Teams-(1) CO-LOCATION- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly determine the optimal locations for the deployment of Department of Veterans Affairs benefits team to support recovering service members assigned to military medical treatment facilities, medical-related support facilities, and community-based health care organizations.(2) MILITARY MEDICAL TREATMENT FACILITY DEFINED- In this subsection, the term `medical-related support facility' has the meaning given that term in subsection (b) of section 490 of title 10, United States Code, as added by section 201(a) of this Act.(e) Repeal of SupersededCenter of Excellence on Post-Traumatic Stress Disorder- Chapter 61 Medical Record Transmittal Requirement-(1) REPEAL- Section 1142 of such title is amended by striking subsection (c).(2) SECTION HEADING- The heading of such section is amended to read as follows55 of such title is further amended by inserting after section 1105a, as added by subsection (a), the following new section: CommentsClose CommentsPermalink

`Sec. 1142. Preseparation counseling'.(3) TABLE OF SECTIONS05b. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder

`(a) In General- The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder (PTSD), including mild, moderate, and severe post-traumatic stress disorder, to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder'. CommentsClose CommentsPermalink





`(b) Partnerships- The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). CommentsClose CommentsPermalink





`(c) Responsibilities- The Center shall have responsibilities as follows: CommentsClose CommentsPermalink





`(1) To direct and oversee, based on expert research, the development and implementation of a long-term, comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder. CommentsClose CommentsPermalink





`(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of post-traumatic stress disorder. CommentsClose CommentsPermalink





`(3) To provide guidance for the mental health system of the Department in determining the mental health and neurological health personnel required to provide quality mental health care for members of the armed forces with post-traumatic stress disorder. CommentsClose CommentsPermalink





`(4) To establish, implement, and oversee a comprehensive program to train mental health and neurological health professionals of the Department in the treatment of post-traumatic stress disorder. CommentsClose CommentsPermalink





`(5) To facilitate advancements in the study of the short-term and long-term psychological effects of post-traumatic stress disorder. CommentsClose CommentsPermalink





`(6) To disseminate within the military medical treatment facilities of the Department best practices for training mental health professionals, including neurological health professionals, with respect to post-traumatic stress disorder. CommentsClose CommentsPermalink





`(7) To conduct basic science and translational research on post-traumatic stress disorder for the purposes of understanding the etiology of post-traumatic stress disorder and developing preventive interventions and new treatments. CommentsClose CommentsPermalink





`(8) To develop outreach strategies and treatments for families of members of the armed forces with post-traumatic stress disorder in order to mitigate the negative impacts of traumatic brain injury on such family members and to support the recovery of such members from post-traumatic stress disorder. CommentsClose CommentsPermalink





`(9) To conduct research on the unique mental health needs of women members of the armed forces, including victims of sexual assault, with post-traumatic stress disorder and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(10) To conduct research on the unique mental health needs of ethnic minority members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(11) To conduct research on the mental health needs of families of members of the armed forces with post-traumatic stress disorder and develop treatments to meet any needs identified through such research. CommentsClose CommentsPermalink





`(12) To develop and oversee a long-term plan to increase the number of mental health and neurological health professionals within the Department in order to facilitate the meeting by the Department of the needs of members of the armed forces with post-traumatic stress disorder until their transition to care and treatment from the Department of Veterans Affairs. CommentsClose CommentsPermalink





`(13) To develop a program on comprehensive pain management, including management of acute and chronic pain, to utilize current and develop new treatments for pain, and to identify and disseminate best practices on pain management. CommentsClose CommentsPermalink





`(14) Such other responsibilities as the Secretary shall specify.'. CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of sections at the beginning of chapter 58 of such title is amended by striking5 of such title is amended by inserting after the item relating to section 1142 and inserting the following new item:`1142. Preseparation counseling05 the following new items: CommentsClose CommentsPermalink





`1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury. CommentsClose CommentsPermalink





`1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder.'. CommentsClose CommentsPermalink





(f) Effective Dates- Section 1142a of title 10, United States Code, asd) Report on Establishment- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required bysection 1105a of title 10, United States Code (as added by subsection (a), and subsection (d) of section 1145 of such title, ), and the establishment of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required by section 1105b of title 10, United States Code (as added by subsection (b), shall apply with respect to members of the Armed Forces who are separated or retired from the Armed Forces on or after the first day of the eighth month beginning after the date of the enactment of this Act. The requirements of subsections (c) and (d), and the amendments made by subsection (e), shall take effect on the first day of such eighth month). The report shall, for each such Center-- CommentsClose CommentsPermalink





(1) describe in detail the activities and proposed activities of such Center; and CommentsClose CommentsPermalink





(2) assess the progress of such Center in discharging the responsibilities of such Center. CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program, $10,000,000, of which-- CommentsClose CommentsPermalink





(1) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury required bysection 1105a of title 10, United States Code; and CommentsClose CommentsPermalink





(2) $5,000,000 shall be available for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress Disorder required bysection 1105b of title 10, United States Code. CommentsClose CommentsPermalink

SEC. 112. ESTABLISHMENT OF MEDICAL SUPPORT FUND FOR SUPPORT34. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR FEMALE MEMBERS OF THE ARMED FORCES AND VETERANS.

SEC. 135. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND REHABILITATION OF MEMBERS OF THE ARMED FORCES RETURNING TO MILITARY SERVICEWITH TRAUMATIC BRAIN INJURY OR CIVILIAN LIFEPOST-TRAUMATIC STRESS DISORDER.

(a) Establishment and Purpose- There is established on the books of the Treasury a fund to be known as the Department of Defense Medical Support Fund (hereinafter in this section referred to as the `Fund'), which shall be administered by the Secretary of the TreasuryAuthorization of Appropriations- CommentsClose CommentsPermalink





(1) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for Defense Health Program in the amount of $50,000,000, with such amount to be available for activities as follows: CommentsClose CommentsPermalink





(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI). CommentsClose CommentsPermalink





(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD). CommentsClose CommentsPermalink





(2) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by paragraph (1), $17,000,000 shall be available for the Defense and Veterans Brain Injury Center of the Department of Defense. CommentsClose CommentsPermalink





(b) Purposes- The Fund shall be used--(1) to support programs and activities relating to the medical treatment, care, rehabilitation, recovery, and support of wounded and injured members of the Armed Forces and their return to military service or transition to civilian society; and(2) to support programs and facilities intended to support the families of wounded and injured members of the Armed Forces.(c) Assets of Fund- There shall be deposited into the Fund anySupplement Not Supplant- The amount appropriated to the Fund, which shall constitute the assets of the Fund.(d) Transfer of Funds-(1) AUTHORITY TO TRANSFER- The Secretary of Defense may transfer amounts in the Fund to appropriations accounts for military personnel; operation and maintenance; procurement; research, development, test, and evaluation; military construction; and the Defenseuthorized to be appropriated by subsection (a) for Defense Health Program. Amounts so transferred shall be merged with and available for the same purposes and for the same time period as the appropriation account to which transferred.(2) ADDITION TO OTHER AUTHORITY- The transfer authority provided in paragraph (1) is in addition to any other transfer authority available to the Department of Defense. Upon a determination that all or part of the amounts transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund.(3) NOTIFICATION- The Secretary of Defense shall, not fewer than five days before making a transfer from the Fund, notify the congressional defense committees in writing of the details of the transfer.(e) Wounded Warrior Regiment Program- The Secretary of Defense shall ensure that $10,000,000 for fiscal year 2007 is transferred from the Medical Support Fund to support programs, activities, and facilities associated with the Marine Corps Wounded Warrior Regiment program, to be used as follows:(1) $6,550,000 for Case Management and Patient Support.(2) $1,200,000 for Wounded Warrior Interim Regimental Headquarters Building conversion.(3) $1,300,000 for Case Management System Development.(4) $95,000 for Support Equipment.(f) Authorization- There is hereby authorized to be appropriated to the Medical Support Fund, from an emergency supplemental appropriation for fiscal year 2007 or 2008, $50,000,000, to remain available through September 30, 2008by this Act for Defense Health Program. CommentsClose CommentsPermalink

SEC. 113. OVERSIGHT BOARD FOR WOUNDED WARRIOR36. REPORTS.

(a) EstablishmentReports on Implementation of Certain Requirements- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress in implementing the requirements as follows: CommentsClose CommentsPermalink





(1) The requirements of section 721 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2294), relating to a longitudinal study on traumatic brain injury incurred by members of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom. CommentsClose CommentsPermalink





(2) The requirements arising from the amendments made by section 738 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2303), relating to enhanced mental health screening and services for members of the Armed Forces. CommentsClose CommentsPermalink





(3) The requirements of section 741 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2304), relating to pilot projects on early diagnosis and treatment of post-traumatic stress disorder and other mental health conditions. CommentsClose CommentsPermalink





(b) Annual Reports on Expenditures for Activities on Tbi and Ptsd- CommentsClose CommentsPermalink





(1) REPORTS REQUIRED- Not later than March 1, 2008, and each year thereafter through 2013, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the amounts expended by the Department of Defense during the preceding calendar year on activities described in paragraph (2), including the amount allocated during such calendar year to the Defense and Veterans Brain Injury Center of the Department. CommentsClose CommentsPermalink





(2) COVERED ACTIVITIES- The activities described in this paragraph are activities as follows: CommentsClose CommentsPermalink





(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury (TBI). CommentsClose CommentsPermalink





(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with post-traumatic stress disorder (PTSD). CommentsClose CommentsPermalink





(3) ELEMENTS- Each report under paragraph (1) shall include-- CommentsClose CommentsPermalink





(A) a description of the amounts expended as described in that paragraph, including a description of the activities for which expended; CommentsClose CommentsPermalink





(B) a description and assessment of the outcome of such activities; CommentsClose CommentsPermalink





(C) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of traumatic brain injury in members of the Armed Forces during the year in which such report is submitted and in future calendar years; CommentsClose CommentsPermalink





(D) a statement of priorities of the Department in activities relating to the prevention, diagnosis, research, treatment, and rehabilitation of post-traumatic stress disorder in members of the Armed Forces during the year in which such report is submitted and in future calendar years; and CommentsClose CommentsPermalink





(E) an assessment of the progress made toward achieving the priorities stated in subparagraphs (C) and (D) in the report under paragraph (1) in the previous year, and a description of any actions planned during the year in which such report is submitted to achieve any unfulfilled priorities during such year. CommentsClose CommentsPermalink

(a) In General- The Secretary of Defense and the Secretary of Veterans Affairs shall jointly-- CommentsClose CommentsPermalink





(1) develop and implement a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs; and CommentsClose CommentsPermalink





(2) accelerate the exchange of health care information between the Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments. CommentsClose CommentsPermalink





(b) Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record- CommentsClose CommentsPermalink





(1) IN GENERAL- There is hereby established a board to be known as the Oversight Board for Wounded Warriorsjoint element of the Department of Defense and the Department of Veterans Affairs to be known as the `Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record' (in this section referred to as the `Oversight Boardffice'). CommentsClose CommentsPermalink





(b) Composition- The Oversight Board shall be composed of 12 members, of whom-2) PURPOSES- The purposes of the Office shall be as follows: CommentsClose CommentsPermalink





(A) To act as a single point of accountability for the Department of Defense and the Department of Veterans Affairs in the rapid development, test, and implementation of a joint electronic health record for use by the Department of Defense and the Department of Veterans Affairs. CommentsClose CommentsPermalink





(B) To accelerate the exchange of health care information between Department of Defense and the Department of Veterans Affairs in order to support the delivery of health care by both Departments. CommentsClose CommentsPermalink





(c) Leadership- CommentsClose CommentsPermalink





(1) two shall be appointed by the majority leader of the Senate;(2) two shall be appointed by the minority leader of the Senate;(3) two shall be appointed by the Speaker of the House of Representatives;(4) two shall be appointed by the minority leader of the House of Representatives;(5) twoDIRECTOR- The Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the head of the Office. CommentsClose CommentsPermalink





(2) DEPUTY DIRECTOR- The Deputy Director of the Department of Defense-Department of Veterans Affairs Interagency Program Office for a Joint Electronic Health Record shall be the deputy head of the office and shall assist the Director in carrying out the duties of the Director. CommentsClose CommentsPermalink





(3) APPOINTMENTS- (A) The Director shall be appointed by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs; and(6) two, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities. CommentsClose CommentsPermalink





(B) The Deputy Director shall be appointed by the Secretary of Defense.(c) Qualifications- All members of the Oversight Board shall have sufficient knowledge of, or experience with, the military healthcare system, the disability evaluation system, or the experience of a recovering service member or family member of a recovering service member.(d) Appointment-(1) TERM- Each member of the Oversight Board shall be appointed for a term of three years. A member may be reappointed for one or more additional terms.(2) VACANCIES- Any vacancy in the Oversight Board shall be filled in the same manner in which the original appointment was made.(e) Duties-(1) ADVICE AND CONSULTATION- The Oversight Board shall provide advice and consultation to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives regarding--(A) the process for streamlining the disability evaluation systems of the military departments;(B) the process for correcting and improving the ratios of case managers and service member advocates to recovering service members;(C) the need to revise Department of Defense policies to improve the experience of recovering service members while under Department of Defense care;(D) the need to revise Department of Defense policies to improve counseling, outreach, and general services provided to family members of recovering service members;(E) the need to revise Department of Defense policiesVeterans Affairs, with the concurrence of the Secretary of Defense, from among employees of the Department of Defense and the Department of Veterans Affairs in the Senior Executive Service who are qualified to direct the development and acquisition of major information technology capabilities. CommentsClose CommentsPermalink





(4) ADDITIONAL GUIDANCE- In addition to the direction, supervision, and control provided by the Secretary of Defense and the Secretary of Veterans Affairs, the Office shall also receive guidance from the Department of Veterans Affairs-Department of Defense Joint Executive Committee undersection 320 of title 38, United States Code, in the discharge of the functions of the Office under this section. CommentsClose CommentsPermalink





(5) TESTIMONY- Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee regarding the provisiondischarge of the functions of the Office under this section. CommentsClose CommentsPermalink





(d) Function- The function of the Office shall be to develop and prepare for deployment, by not later than September 30, 2010, a joint electronic health record to be utilized by both the Department of Defense and the Department of Veterans Affairs in the provision of medical care and treatment to members of the Armed Forces and veterans, which health record shall comply with applicable interoperability standards, implementation specifications, and certification criteria (including for the reporting of quality lodging to recovering service members; and(F) such other matters relating to the evaluation and care of recovering service members, including evaluation under disability evaluation systems, as the Board considers appropriate.(2) VISITS TO MILITARY MEDICAL TREATMENT FACILITIES- In carrying outmeasures) of the Federal Government. CommentsClose CommentsPermalink





(e) Schedules and Benchmarks- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a schedule and benchmarks for the discharge by the Office of its duties, each member of the Oversight Board shall visit not less than three military medical treatment facilities each year, and the Board shall conduct each year one meeting of all the members of the Board at a military medical treatment facility.(f) Staff- The Secretary shall make available the services of at least two officials or employees of the Department of Defense to provide support and assistance to members of function under this section, including each of the Oversight Boardfollowing: CommentsClose CommentsPermalink





(1) A schedule for the establishment of the Office. CommentsClose CommentsPermalink





(2) A schedule and deadline for the establishment of the requirements for the joint electronic health record described in subsection (d), including coordination with the Office of the National Coordinator for Health Information Technology in the development of a nationwide interoperable health information technology infrastructure. CommentsClose CommentsPermalink





(3) A schedule and associated deadlines for any acquisition and testing required in the development and deployment of the joint electronic health record. CommentsClose CommentsPermalink





(4) A schedule and associated deadlines and requirements for the deployment of the joint electronic health record. CommentsClose CommentsPermalink





(5) Proposed funding for the Office for each of fiscal years 2009 through 2013 for the discharge of its function. CommentsClose CommentsPermalink





(f) Pilot Projects- CommentsClose CommentsPermalink





(1) AUTHORITY- In order to assist the Office in the discharge of its function under this section, the Secretary of Defense and the Secretary of Veterans Affairs may, acting jointly, carry out one or more pilot projects to assess the feasability and advisability of various technological approaches to the achievement of the joint electronic health record described in subsection (d). CommentsClose CommentsPermalink





(2) TREATMENT AS SINGLE HEALTH CARE SYSTEM- For purposes of each pilot project carried out under this subsection, the health care system of the Department of Defense and the health care system of the Department of Veterans Affairs shall be treated as a single health care system for purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). CommentsClose CommentsPermalink





(g) Travel Expenses- Members of the Oversight Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Oversight Board.(h) Annual Reports- The Oversight Board shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives each year a report onStaff and Other Resources- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense and the Secretary of Veterans Affairs shall assign to the Office such personnel and other resources of the Department of Defense and the Department of Veterans Affairs as are required for the discharge of its activitiesfunction under this section. CommentsClose CommentsPermalink





(2) ADDITIONAL SERVICES- Subject to the approval of the Secretary of Defense and the Secretary of Veterans Affairs, the Director may utilize the services of private individuals and entities as consultants to the Office in the discharge of its function under this section. Amounts available to the Office shall be available for payment for such services. CommentsClose CommentsPermalink





(h) Annual Reports- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than January 1, 2009, and each year thereafter through 2014, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the activities of the Office during the preceding year, including any findings and recommendations of the Oversight Board as a result of such activities.SEC. 114. OPTION FOR MEMBERS OF RESERVE COMPONENTS TO USE MILITARY MEDICAL TREATMENT FACILITIES CLOSESTcalendar year. Each report shall include, for the year covered by such report, the following: CommentsClose CommentsPermalink





(A) A detailed description of the activities of the Office, including a detailed description of the amounts expended and the purposes for which expended. CommentsClose CommentsPermalink





(B) An assessment of the progress made by the Department of Defense and the Department of Veterans Affairs in the development and implementation of the joint electronic health record described in subsection (d). CommentsClose CommentsPermalink





(2) AVAILABILITY TO HOME FOR CERTAIN INJURIES.The Secretary of Defense shall provide that, in the case of members of the reserve components returning from a combat theater, if a member requires treatment on anPUBLIC- The Secretary of Defense and the Secretary of Veterans Affairs shall make available to the public each report submitted under paragraph (1), including by posting such report on the Internet website of the Department of Defense and the Department of Veterans Affairs, respectively, that is available to the public. CommentsClose CommentsPermalink





(i) Comptroller General Assessment of Implementation- Not later than six months after the date of the enactment of this Act and every six months thereafter until the completion of the implementation of the joint electronic health record described in subsection (d), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller General of the progress of the Department of Defense and the Department of Veterans Affairs in developing and implementing the joint electronic health record. CommentsClose CommentsPermalink





(j) Funding- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense and the Secretary of Veterans Affairs shall each contribute equally to the costs of the Office in fiscal year 2008 and fiscal years thereafter. The amount so contributed by each Secretary in fiscal year 2008 shall be up to $10,000,000. CommentsClose CommentsPermalink





(2) SOURCE OF FUNDS- (A) Amounts contributed by the Secretary of Defense under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Defense for the Defense Health Program and available for program management and technology resources. CommentsClose CommentsPermalink





(B) Amounts contributed by the Secretary of Veterans Affairs under paragraph (1) shall be derived from amounts authorized to be appropriated for the Department of Veterans Affairs for Medical Care and available for program management and technology resources. CommentsClose CommentsPermalink





(k) Joint Electronic Health Record Defined- In this section, the term `joint electronic health record' means a single system that includes patient information across the continuum of medical care, including inpatient care, outpatient basis for injuries or wounds sustained in theater, the member may be provided treatment at the military medical treatment facility closest to the member's home rather than closest to the base from which the member was deployedcare, pharmacy care, patient safety, and rehabilitative care. CommentsClose CommentsPermalink

SEC. 115. PLANS AND RESEARCH FOR REDUCING POST TRAUMATIC STRESS DISORDER.42. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR CARE AND TREATMENT OF WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.

`(a) In General- The Secretary of Defense may, in the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense. CommentsClose CommentsPermalink





`(b) Recruitment of Personnel- (1) The Secretaries of the military departments shall each develop and implement a strategy to disseminate among appropriate personnel of the military departments authorities and best practices for the recruitment of medical and health professionals, including the authorities under subsection (a)Plans for Reducing Post Traumatic Stress Disorder-(1) PLAN FOR PREVENTION-(A) IN GENERAL- The Secretary of Defense shall develop a plan to incorporate evidence-based preventive and early-intervention measures, practices, or procedures that. CommentsClose CommentsPermalink





`(2) Each strategy under paragraph (1) shall-- CommentsClose CommentsPermalink





`(A) assess current recruitment policies, procedures, and practices of the military department concerned to assure that such strategy facilitates the implementation of efficiencies which reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychopathologies (including substance use conditions) into--(i) basic and pre-deployment training for enlisted members of the Armed Forces, noncommissioned officers, and officers;(ii) combat theater operations; and(iii) post-deployment service.time required to fill vacant positions for medical and health professionals; and CommentsClose CommentsPermalink





`(B) UPDATES- The Secretary of Defense shall update the plan under subparagraph (A) periodically to incorporate, as the Secretary considers appropriate, the results of relevant research, including research conducted pursuant to subsection (b).(2) RESEARCH- Subject to subsection (b), the Secretary of Defense shall develop a plan, in consultation with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences, to conduct such research as is necessary to develop the plan described in paragraph (1).(b) Evidence-Based Research and Trainingclearly identify processes and actions that will be used to inform and educate military and civilian personnel responsible for the recruitment of medical and health professionals.'. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1599c and inserting the following new item: CommentsClose CommentsPermalink





`1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.'. CommentsClose CommentsPermalink





(c) Reports on Strategies on Recruitment of Medical and Health Professionals- Not later than six months after the date of the enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a report setting forth the strategy developed by such Secretary undersection 1599c(b) of title 10, United States Code, as added by subsection (a). CommentsClose CommentsPermalink

(a) Recommendations on Means of Addressing Shortages- CommentsClose CommentsPermalink





(1) WORKING GROUP- The Secretary of Defense shall conduct a study, in coordination with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences' Institute of Medicine, to determine the feasibility of establishing a working group tasked with researching and developing evidence-based measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychological pathologies (including substance use conditions). The working group shall include personnel with experience in a combat theater, and behavioral health personnel who have experience providing treatment to individuals with experience in a combat theater.(2) PEER-REVIEWED RESEARCH PROGRAM- Not later than 180REPORT- Not later than 45 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 setting forth the recommendations of the Secretary for such legislative or administrative actions as the Secretary considers appropriate to address shortages in health care professionals within the Department of Defense, including personnel in the mental health workforce. CommentsClose CommentsPermalink





(2) ELEMENTS- The report required by paragraph (1) shall submit to Congress a plan for a peer-reviewed research program within the Defense Health Programaddress the following: CommentsClose CommentsPermalink





(A) Enhancements or improvements of financial incentives for health care professionals, including personnel in the mental health workforce, of the Department of Defense in order to enhance the recruitment and retention of such personnel, including recruitment, accession, or retention bonuses and scholarship, tuition, and other financial assistance. CommentsClose CommentsPermalink





(B) Modifications of service obligations of health care professionals, including personnel in the mental health workforce. CommentsClose CommentsPermalink





(C) Such other matters as the Secretary considers appropriate. CommentsClose CommentsPermalink





(b) Recruitment- Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement programs to recruit qualified individuals in health care fields (including mental health) to serve in the Armed Forces as health care and mental health personnel of the Armed Forces. CommentsClose CommentsPermalink

(a) Retirement of Regulars and Members on Active Duty for More Than 30 Days- Clause (i) ofsection 1201(b)(3)(B) of title 10, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





`(i) the member has six months or more of active military service and the disability was not noted at the time of the member's research and development function to research and develop evidence-based preventive and early intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychopathologies (including substance use conditions).(c) Report- The Secretary of Defense shall submit to Congress annually a report on the plans and studies required under this section.

TITLE II--STUDIES AND REPORTSSEC. 201. ANNUAL REPORTentrance on active duty (unless compelling evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty);'. CommentsClose CommentsPermalink




(b) Separation of Regulars and Members on Active Duty for More Than 30 Days- Section 1203(b)(4)(B) of such title is amended by striking `and the member has at least eight years of service computed under section 1208 of this title' and inserting `, the member has six months or more of active military service, and the disability was not noted at the time of the member's entrance on active duty (unless evidence or medical judgment is such to warrant a finding that the disability existed before the member's entrance on active duty)'. CommentsClose CommentsPermalink

SEC. 152. REQUIREMENTS AND LIMITATIONS ON MILITARY MEDICAL FACILITIDEPARTMENT OF DEFENSE DETERMINATIONS OF DISABILITY WITH RESPECT TO MEMBERS OF THE ARMED FORCES.

(a) In General- (1) REPORT REQUIREMENT- Chapter 23 of title 10, United States Code, is amended by adding at the end61 of title 10, United States Code, is amended by inserting after section 1216 the following new section: CommentsClose CommentsPermalink

`Sec. 490. Annual report on military medical facilitie1216a. Determinations of disability: requirements and limitations on determinations

`(a) 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, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy, suitability, and quality of medical facilities and medical-related support facilities at each military installation within the Department of DefensUtilization of VA Schedule for Rating Disabilities in Determinations of Disability- (1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned-- CommentsClose CommentsPermalink





`(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and CommentsClose CommentsPermalink





`(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule. CommentsClose CommentsPermalink





`(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule. CommentsClose CommentsPermalink





`(b) Response to Hot-Line Information- The Secretary of Defense shall include in each report information regarding--`(1) any deficiencies in the adequacy, quality, or state of repair of medical-related support facilities raised as a result of information receivedConsideration of All Medical Conditions- In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member's office, grade, rank, or rating.'. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1216 the following new item: CommentsClose CommentsPermalink





`1216a. Determinations of disability: requirements and limitations on determinations.'. CommentsClose CommentsPermalink

`(a) In General- (1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the disability determinations of covered individuals by Physical Evaluation Boards. The board shall be known as the `Physical Disability Board of Review'. CommentsClose CommentsPermalink





`(2) The Board shall consist of not less than three members appointed by the Secretary. CommentsClose CommentsPermalink





`(b) Covered Individuals- For purposes of this section, covered individuals are members and former members of the armed forces who, during the period covered by the report through the toll-free hot line maintained pursuant to section 1567 of this title; and`(2) the investigations conducted and plans of action prepared under such section to respond to such deficiencies.`(c) Medical-Related Support Facility- In this section, the term `medical-related support facility' is any facility of the Department of Defense that provides support to any of the following:`(1) Members ofbeginning on September 11, 2001, and ending on December 31, 2009-- CommentsClose CommentsPermalink





`(1) are separated from the armed forces admitted for treatment to military medical treatment facilities.`(2) Memberdue to unfitness for duty due to a medical condition with a disability rating of 20 percent disabled or less; and CommentsClose CommentsPermalink





`(2) are found to be not eligible for retirement. CommentsClose CommentsPermalink





`(c) Review- (1) Upon its own motion, or upon the request of a covered individual, or a surviving spouse, next of kin, or legal representative of a covered individual, the Board shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. CommentsClose CommentsPermalink





`(2) The review by the Board under paragraph (1) shall be based on the records of the armed forces assigned to military medical treatment facilities as an outpatient concerned and such other evidence as may be presented to the Board. A witness may present evidence to the Board by affidavit or by any other means considered acceptable by the Secretary of Defense. CommentsClose CommentsPermalink





`(d) Authorized Recommendations- The Board may, as a result of its findings under a review under subsection (c), recommend to the Secretary concerned the following (as applicable) with respect to a covered individual: CommentsClose CommentsPermalink





`(1) No recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual. CommentsClose CommentsPermalink





`(2) The recharacterization of the separation of such individual to retirement for disability. CommentsClose CommentsPermalink





`(3) The modification of the disability rating previously assigned such individual by the Physical Evaluation Board concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual by that Physical Evaluation Board. CommentsClose CommentsPermalink





`(4) The issuance of a new disability rating for such individual. CommentsClose CommentsPermalink





`(e) Correction of Military Records- (1) The Secretary concerned may correct the military records of a covered individual in accordance with a recommendation made by the Board under subsection (d). Any such correction may be made effective as of the effective date of the action taken on the report of the Physical Evaluation Board to which such recommendation relates. CommentsClose CommentsPermalink





`(2) In the case of a member previously separated pursuant to the findings and decision of a Physical Evaluation Board together with a lump-sum or other payment of back pay and allowances at separation, the amount of 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. CommentsClose CommentsPermalink





`(3) Family members accompanying any member described in paragraph (1) or (2) as a nonmedical attendantIf the Board 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 recommendation relates shall be treated as final as of the date of such action. CommentsClose CommentsPermalink





`(f) Regulations- (1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. CommentsClose CommentsPermalink





`(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. CommentsClose CommentsPermalink





`(3) The regulations under paragraph (1) shall specify 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.'. CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the endchapter 79 of such title is amended by inserting after the item relating to section 1554 the following new item: CommentsClose CommentsPermalink





`490. Annual report on military medical facilitie1554a. Review of separation with disability rating of 20 percent disabled or less.'. CommentsClose CommentsPermalink





(b) Effective Date- The first report under section 490 of title 10, United States Code, asImplementation- The Secretary of Defense shall establish the board of review required bysection 1554a of title 10, United States Code (as added by subsection (a), shall be submitted not later than the date of submission of the budget for fiscal year 2009), and prescribe the regulations required by such section, not later than 90 days after the date of the enactment of this Act. CommentsClose CommentsPermalink

SEC. 202. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE OUTPATIENT RESIDENTIAL FACILITI154. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY EVALUATION SYSTEM FOR MEMBERS OF THE ARMED FORCES.

(a) Required Inspections of Facilities- All quarters of the United States and housing facilities under Pilot Programs- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, carry out pilot programs with respect to the disability evaluation system of the Department of Defense for the jurisdiction of the Armed Forces that are occupied by recovering service members shall be inspected on a semiannual basis for the first two years after the enactment of this Act and annually thereafter by the inspectors general of the regional medical commandspurpose set forth in subsection (d). CommentsClose CommentsPermalink





(2) REQUIRED PILOT PROGRAMS- In carrying out this section, the Secretary of Defense shall carry out the pilot programs described in paragraphs (1) through (3) of subsection (c). Each such pilot program shall be implemented not later than 90 days after the date of the enactment of this Act. CommentsClose CommentsPermalink





(3) AUTHORIZED PILOT PROGRAMS- In carrying out this section, the Secretary of Defense may carry out such other pilot programs as the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, considers appropriate. CommentsClose CommentsPermalink





(b) Inspector General Reports- The inspector general for each regional medical command shall-Disability Evaluation System of the Department of Defense- For purposes of this section, the disability evaluation system of the Department of Defense is the system of the Department for the evaluation of the disabilities of members 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. CommentsClose CommentsPermalink





(c) Scope of Pilot Programs- CommentsClose CommentsPermalink





(1) submit a report on each inspection of a facility conducted under subsection (a) to the post commander at such facility, the commanding officer of the hospital affiliated with such facility, the surgeon general of the military department that operates such hospital,DISABILITY DETERMINATIONS BY DOD UTILIZING VA ASSIGNED DISABILITY RATING- Under one of the pilot programs under subsection (a), for purposes of making a determination of disability of a member of the Armed Forces undersection 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 Secretary of the military department concerned, the Assistant Secretary of Defense for Health Affairs, the Oversight Board for Wounded Warriors established pursuant to section 112, and the appropriate congressional committees; and(2) post each such report on that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title-- CommentsClose CommentsPermalink





(A) the Secretary of Veterans Affairs shall-- CommentsClose CommentsPermalink





(i) conduct an evaluation of the member for physical disability; and CommentsClose CommentsPermalink





(ii) assign the member a rating of disability in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and CommentsClose CommentsPermalink





(B) the Secretary of the military department concerned shall make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A)(ii). CommentsClose CommentsPermalink





(2) DISABILITY DETERMINATIONS UTILIZING JOINT DOD/VA ASSIGNED DISABILITY RATING- Under one of the pilot programs under subsection (a), in making a determination of disability of a member of the Armed Forces undersection 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, the Secretary of the military department concerned shall, upon determining that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title-- CommentsClose CommentsPermalink





(A) provide for the joint evaluation of the member for disability by the Secretary of the military department concerned and the Secretary of Veterans Affairs, including the assignment of a rating of disability for the member in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and CommentsClose CommentsPermalink





(B) make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A). CommentsClose CommentsPermalink





(3) ELECTRONIC CLEARING HOUSE- Under one of the pilot programs, the Secretary of Defense shall establish and operate a single Internet website of such regional medical command.SEC. 203. EVALUATION AND REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS DISABILITY EVALUATION SYSTEMS.(a) Evaluation- The Secretary of Defense and the Secretary of Veterans Affairs shall conduct a joint evaluation of the disability evaluation systems used by the Department of Defense and the Department of Veterans Affairs for for the disability evaluation system of the Department of Defense that enables participating members of the Armed Forces to fully utilize such system through the purpose of--(1) improving the consistency of the two disability evaluationInternet, with such Internet website to include the following: CommentsClose CommentsPermalink





(A) The availability of any forms required for the utilization of the disability evaluation system by members of the Armed Forces under the system. CommentsClose CommentsPermalink





(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 submitted. CommentsClose CommentsPermalink





(C) Secure mechanisms for advising members 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. CommentsClose CommentsPermalink





(D) The continuous availability of assistance 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 information, forms, or other items described by subparagraph (C). CommentsClose CommentsPermalink





(E) Secure mechanisms to request and receive personnel files or other personnel records of members of the Armed Forces under the system that are required for submission under the disability evaluation system, including the capability to track requests for such files or records and to determine the status of such requests and of responses to such requests. CommentsClose CommentsPermalink





(4) OTHER PILOT PROGRAMS- Under any pilot program carried out by the Secretary of Defense under subsection (a)(3), the Secretary shall provide for the development, evaluation, and identification of such practices and procedures under the disability evaluation system of the Department of Defense as the Secretary considers appropriate for purpose set forth in subsection (d). CommentsClose CommentsPermalink





(d) Purpose- The purpose of each pilot program under subsection (a) shall be-- CommentsClose CommentsPermalink





(1) to provide for the development, evaluation, and identification of revised and improved practices and procedures under the disability evaluation system of the Department of Defense in order to-- CommentsClose CommentsPermalink





(A) reduce the processing time under the disability evaluation system of members of the Armed Forces who are likely to be retired or separated for disability, and who have not requested continuation on active duty, including, in particular, members who are severely wounded; CommentsClose CommentsPermalink





(B) identify and implement or seek the modification of statutory or administrative policies and requirements applicable to the disability evaluation system that-- CommentsClose CommentsPermalink





(i) are unnecessary or contrary to applicable best practices of civilian employers and civilian healthcare systems; and(2) evaluating the feasibility of, and potential options for, consolidating the two systems.(b) Relation to Veterans' Disability Benefits Commission- In conducting the evaluation of the disability evaluation systems used by the Department of Defense and the Department of Veterans Affairs, the Secretary of Defense and the Secretary of Veterans Affairs shall consideror CommentsClose CommentsPermalink





(ii) otherwise result in hardship, arbitrary, or inconsistent outcomes for members of the Armed Forces, or unwarranted inefficiencies and delays; CommentsClose CommentsPermalink





(C) eliminate material variations in policies, interpretations, and overall performance standards among the military departments under the disability evaluation system; and CommentsClose CommentsPermalink





(D) determine whether it enhances the capability 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; and CommentsClose CommentsPermalink





(2) in conjunction with the findings and recommendations of the Veterans' Disability Benefits Commission established pursuant to title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 38 U.S.C. 1101 note).(c) Report- Not later than 180 days after the date of the submission of the final report of the Veterans' Disability Benefits Commission, tapplicable Presidential and Department of Defense study groups, to provide for the eventual development of revised and improved practices and procedures for the disability evaluation system in order to achieve the objectives set forth in paragraph (1). CommentsClose CommentsPermalink





(e) Utilization of Results in Updates of Comprehensive Policy on Care, Management, and Transition of Covered Servicemembers- The Secretary of Defense and the Secretary of Veterans Affairs shall submit to Congress a report containing--(1) the results of the evaluation; and(2) the recommendations of the Secretaries for improving the consistency of the two disability evaluation systems and such other recommendations asjointly incorporate responses to any findings and recommendations arising under the pilot programs required by subsection (a) in updating the comprehensive policy on the care and management of covered servicemembers under section 111. CommentsClose CommentsPermalink





(f) Construction With Other Authorities- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), in carrying out a pilot program under subsection (a)-- CommentsClose CommentsPermalink





(A) the rules and regulations of the Department of Defense and the Department of Veterans Affairs relating to methods of determining fitness or unfitness for duty and disability 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 (h)(1); and CommentsClose CommentsPermalink





(B) the Secretary of Defense and the Secretary of Veterans Affairs may waive any provision of title 10, 37, or 38, United States Code, relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces if the Secretaries consider appropriate.SEC. 204. STUDY AND REPORTdetermine in writing that the application of such provision would be inconsistent with the purpose of the pilot program. CommentsClose CommentsPermalink





(2) LIMITATION- Nothing in paragraph (1) shall be construed to authorize the waiver of any provision ofsection 1216a of title 10, United States Code, as added by section 152 of this Act. CommentsClose CommentsPermalink





(g) Duration- Each pilot program under subsection (a) shall be completed not later than one year after the date of the commencement of such pilot program under that subsection. CommentsClose CommentsPermalink





(h) Reports- CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the pilot programs under subsection (a). The report shall include-- CommentsClose CommentsPermalink





(A) a description of the scope and objectives of each pilot program; CommentsClose CommentsPermalink





(B) a description of the methodology to be used under such pilot program to ensure rapid identification under such pilot program of revised or improved practices under the disability evaluation system of the Department of Defense in order to achieve the objectives set forth in subsection (d)(1); and CommentsClose CommentsPermalink





(C) a statement of any provision described in subsection (f)(1)(B) that shall not apply to the pilot program by reason of a waiver under that subsection. CommentsClose CommentsPermalink





(2) INTERIM REPORT- Not later than 150 days after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the current status of such pilot program. CommentsClose CommentsPermalink





(3) FINAL REPORT- Not later than 90 days after the completion of all the pilot programs described in paragraphs (1) through (3) of subsection (c), the Secretary shall submit to the appropriate committees of Congress a report setting forth a final evaluation and assessment of such pilot programs. The report shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such pilot programs. CommentsClose CommentsPermalink

SEC. 155. REPORTS ON SUPPORT SERVICES FOR FAMILIES OF RECOVERING SERVICE MEMBERSARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.

(a) Study Required- The Secretary of Defense shall conduct a study of the provision of support services for families of recovering service memberReports Required- Not later than 30 days after the date of the enactment of this Act, and every 120 days thereafter until March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of corrective measures by the Department of Defense with respect to the Physical Disability Evaluation System (PDES) in response to the following: CommentsClose CommentsPermalink





(1) The report of the Inspector General of the Army on that system of March 6, 2007. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(3) The report of the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes. CommentsClose CommentsPermalink





(b) Matters Covered- The studyElements of Report- Each report under subsection (a) shall include the following:(1) A determination of the types of support services that are currently provided by the Department of Defense to family members described in subsection (c), and the cost of providing such services.(2) A determination of additional types of support services that would be feasible for the Department to provide to such family members, and the costs of providing such services, including the following types of services:(A) The provision of medical care at military medical treatment facilities.(B) The provision of job placement services offered by the Department of Defense to any family member caring for a 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 facilities to estimate thecurrent information on the following: CommentsClose CommentsPermalink





(1) The total 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, promotion, or any benefit of employment by an employer on the basis of the person's absence from employment as described in subsection (c), and a determination, in consultation with the Secretary of Labor, of the options available for such family membercases, and the number of cases involving combat disabled servicemembers, pending resolution before the Medical and Physical Disability Evaluation Boards of the Army, including 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. CommentsClose CommentsPermalink





(2) The status of the implementation of modifications to disability evaluation processes of the Department of Defense in response to the following: CommentsClose CommentsPermalink





(A) The report of the Inspector General on such processes dated March 6, 2007. CommentsClose CommentsPermalink





(B) The report of the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center. CommentsClose CommentsPermalink





(C) The report of the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes. CommentsClose CommentsPermalink





(c) Covered Family Members- A family member described in this subsection is a family member of a recovering service member who is--(1) on invitational orders while caring for the recoveringPosting 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 public. CommentsClose CommentsPermalink

(a) In General-Section 1212 of title 10, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking `his years of service, but not more than 12, computed under section 1208 of this title' in the matter preceding subparagraph (A) and inserting `the member's years of service member;(2) a non-medical attendee caring for the recoveringcomputed under section 1208 of this title (subject to the minimum and maximum years of service member; or(3) receiving per diem payments from the Departmentprovided for in subsection (c))'; CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (d); and CommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following new subsection (c): CommentsClose CommentsPermalink





`(c)(1) The minimum years of service of a member for purposes of subsection (a)(1) shall be as follows: CommentsClose CommentsPermalink





`(A) Six years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense. CommentsClose CommentsPermalink





`(B) Three years in the case of any other member. CommentsClose CommentsPermalink





`(2) The maximum years of service of a member for purposes of subsection (a)(1) shall be 19 years.'. CommentsClose CommentsPermalink





(b) No Deduction From Compensation of Severance Pay for Disabilities Incurred in Combat Zones- Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is further amended-- CommentsClose CommentsPermalink





(1) by inserting `(1)' after `(d)'; CommentsClose CommentsPermalink





(2) by striking the second sentence; and CommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs: CommentsClose CommentsPermalink





`(2) No deduction may be made under paragraph (1) in the case of disability severance pay received by a member 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 Defense. CommentsClose CommentsPermalink





`(3) No deduction may be made under paragraph (1) from any death compensation to which a member's dependents become entitled after the member's death.'. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

(a) Designation of Fiduciary for Members With Lost Mental Capacity or Extended Loss of Consciousness- The Secretary of Defense while caring for the recovering service member.(d) Report- shall, in consultation with the Secretary of Veterans Affairs, develop a form for the designation of a recipient for the funds distributed undersection 1980A of title 38, United States Code, as the fiduciary of a member of the Armed Forces in cases where the member is medically incapacitated (as determined by the Secretary of Defense in consultation with the Secretary of Veterans Affairs) or experiencing an extended loss of consciousness. CommentsClose CommentsPermalink





(b) Elements- The form under subsection (a) shall require that a member may elect that-- CommentsClose CommentsPermalink





(1) an individual designated by the member be the recipient as the fiduciary of the member; or CommentsClose CommentsPermalink





(2) a court of proper jurisdiction determine the recipient as the fiduciary of the member for purposes of this subsection. CommentsClose CommentsPermalink





(c) Completion and Update- The form under subsection (a) shall be completed by an individual at the time of entry into the Armed Forces and updated periodically thereafter. CommentsClose CommentsPermalink