[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1538 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1538

  To amend title 10, United States Code, to improve the management of 
medical care, personnel actions, and quality of life issues for members 
  of the Armed Forces who are receiving medical care in an outpatient 
                    status, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2007

 Mr. Skelton (for himself, Mr. Hunter, Mr. Snyder, Mr. McHugh, and Mr. 
   Filner) introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve the management of 
medical care, personnel actions, and quality of life issues for members 
  of the Armed Forces who are receiving medical care in an outpatient 
                    status, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wounded Warrior 
Assistance Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Improvements to medical and dental care for members of the 
                            Armed Forces assigned to hospitals in an 
                            outpatient status.
Sec. 3. Establishment of toll-free hot line for reporting deficiencies 
                            in medical-related support facilities and 
                            expedited response to reports of 
                            deficiencies.
Sec. 4. Notification to Congress of hospitalization of combat wounded 
                            service members.
Sec. 5. Independent medical advocate for members before medical 
                            evaluation boards.
Sec. 6. Training and workload for physical evaluation board liaison 
                            officers.
Sec. 7. Standardized training program and curriculum for Department of 
                            Defense disability evaluation system.
Sec. 8. Improved training for health care professionals, medical care 
                            case managers, and service member advocates 
                            on particular conditions of recovering 
                            servicemembers.
Sec. 9. Criteria for removal of member from temporary disability 
                            retired list.
Sec. 10. Pilot program to improve transition of members of the Armed 
                            Forces to Department of Veterans Affairs 
                            upon retirement or separation.
Sec. 11. Establishment of Medical Support Fund for support of members 
                            of the Armed Forces returning to military 
                            service or civilian life.
Sec. 12. Annual report on military medical facilities.
Sec. 13. Evaluation and report on Department of Defense and Department 
                            of Veterans Affairs disability evaluation 
                            systems.
Sec. 14. Oversight Board for Wounded Warriors.
Sec. 15. Definitions.

SEC. 2. 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 Status.--
            (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) 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):
            ``(A) To assist in understanding the member's medical 
        status.
            ``(B) To assist in receiving prescribed medical care.
            ``(C) To conduct a review, at least once a week, of the 
        member's medical status.
    ``(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 (A) if required due to unforeseen 
circumstances.
    ``(4) 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.
    ``(b) Service Member Advocate.--(1) A member in an outpatient 
status shall be assigned a service member advocate.
    ``(2) The duties of the service member advocate shall include--
            ``(A) communicating with the member and with the member's 
        family or other individuals designated by the member;
            ``(B) assisting with oversight of the member's welfare and 
        quality of life; and
            ``(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 an 
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 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.
    ``(5) 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.
    ``(c) 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.
    ``(d) 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. 3. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR REPORTING DEFICIENCIES 
              IN MEDICAL-RELATED SUPPORT FACILITIES AND EXPEDITED 
              RESPONSE 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.
    ``(b) 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
            ``(2) if substantiated, a plan of action for remediation of 
        the deficiencies is developed and implemented.
    ``(c) Relocation.--If the Secretary of Defense determines that, on 
the basis of the investigation in response to a report of deficiencies 
at a medical-related support facility, conditions at the facility 
violate health and safety standards, the Secretary shall relocate the 
occupants of the facility while the violations are corrected.
    ``(d) Medical-Related Support Facility 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. 4. 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
    ``(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.
    ``(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 of combat wounded 
                            members.''.

SEC. 5. INDEPENDENT MEDICAL ADVOCATE FOR MEMBERS BEFORE MEDICAL 
              EVALUATION BOARDS.

    (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.''.
    (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), 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. 6. 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 
                that follows through the end of subparagraph (B) and 
                inserting ``that Secretary. A physical evaluation board 
                liaison officer may not be assigned more than 20 
                members at any one time, except that the Secretary 
                concerned may authorize the assignment of 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. 7. STANDARDIZED TRAINING PROGRAM AND CURRICULUM FOR DEPARTMENT OF 
              DEFENSE DISABILITY EVALUATION SYSTEM.

    (a) Training Program Required.--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 paragraph (1) include--
            ``(A) Commanders.
            ``(B) Enlisted members who perform supervisory functions.
            ``(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 Security.''.
    (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. 8. IMPROVED TRAINING FOR HEALTH CARE PROFESSIONALS, MEDICAL CARE 
              CASE MANAGERS, AND SERVICE MEMBER ADVOCATES ON PARTICULAR 
              CONDITIONS OF RECOVERING SERVICEMEMBERS.

    (a) Recommendations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report setting forth 
recommendations for the modification of the training provided to health 
care professionals, medical care case managers, and service member 
advocates who provide care for or assistance to recovering 
servicemembers. 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 able to 
detect early warning signs of post-traumatic stress disorder (PTSD), 
suicidal tendencies, and other mental health conditions among 
recovering servicemembers.
    (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 recommended 
        under subsection (a).
            (2) The quality of training provided to health care 
        professionals, medical care case managers, and service member 
        advocates.

SEC. 9. CRITERIA FOR REMOVAL OF MEMBER FROM TEMPORARY DISABILITY 
              RETIRED LIST.

    (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 Act.

SEC. 10. PILOT PROGRAM TO IMPROVE TRANSITION OF MEMBERS OF THE ARMED 
              FORCES TO DEPARTMENT OF VETERANS AFFAIRS UPON RETIREMENT 
              OR SEPARATION.

    (a) Pilot Program Required.--
            (1) Purpose; participants.--The Secretary of Defense shall 
        establish a pilot program, involving a minimum of 5,000 members 
        of the armed forces who are being separated or retired from the 
        Armed Forces under chapter 61 of title 10, United States Code, 
        during the one-year period beginning on the effective date of 
        this section, under which each member participating in the 
        pilot program receives a written transition plan specifying the 
        recommended schedule and milestones for the transition of the 
        member from military service. The member shall receive the plan 
        before the separation or retirement date of the member.
            (2) Content of plan.--The transition plan for a 
        participating member under the pilot program shall include 
        information and guidance designed to assist the member in 
        understanding and meeting the schedule and milestones for the 
        member's transition.
    (b) Pilot Process for Transition.--
            (1) Purpose; participants.--Subject to paragraph (3), the 
        Secretary of Defense, in cooperation with the Secretary of 
        Veterans Affairs, shall establish a pilot 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 minimum of 5,000 members of the 
        Armed Forces who are separated or retired during the one-year 
        period beginning on the effective date of this section.
            (2) Covered records.--The records and other information to 
        be transmitted under paragraph (1) with respect to a member 
        participating in the pilot process shall include, at a minimum, 
        the following:
                    (A) The member's address and contact information.
                    (B) A copy of the member's service record, 
                including medical records and any results of a Physical 
                Evaluation Board.
                    (C) Whether the member is entitled to transitional 
                health care, a conversion heath policy, or other health 
                benefits through the Department of Defense under 
                section 1145 of title 10, United States Code.
                    (D) 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.
                    (E) 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 title, United States Code.
            (3) The transmittal of information under paragraph (1) may 
        be subject to the consent of the member, as required by 
        statute.
    (c) Meeting.--
            (1) Meeting required.--The pilot process required by 
        subsection (b) for the transmittal of records and other 
        information with respect to a member shall include a meeting 
        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 
        requirement 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.--The Secretary of Defense shall provide 
for the transmittal to the Department of Veterans Affairs of records 
and other information with respect to a member participating in the 
pilot process at the earliest practicable date. In no case should the 
transmittal occur later than 60 days after the separation or retirement 
of the member.
    (e) Reporting Requirement.--Not later than 90 days after the end of 
the one-year period for the pilot program and pilot process required by 
this section, the Secretary of Defense shall submit to Congress a 
report containing--
            (1) an evaluation of the results of the pilot program and 
        pilot process;
            (2) an assessment of the current status of efforts to 
        electronically transfer records and documents to the Department 
        of Veterans Affairs and an estimate as to when the electronic 
        transfer of records and documents to the Department of Veterans 
        Affairs will be fully achieved; and
            (3) recommendations regarding--
                    (A) the expansion of the requirements for a 
                transition plan and formal transition process to 
                include all members being separated or retired from the 
                Armed Forces; and
                    (B) the transformation of the process for 
                transmitting records and other documents pertaining to 
                members separating or retiring from the Armed Forces to 
                the Department of Veterans Affairs using solely 
                electronic methods.
    (f) Early Termination.--The Secretary of Defense or the Secretary 
of Veterans Affairs may terminate the pilot program or pilot process 
required by this section, or both, before the end of the one-year 
period provided for the pilot program and pilot process if either 
Secretary determines that the pilot program or pilot process is 
ineffective in improving the transition of members of the Armed Forces 
from military service. The Secretary making the determination shall 
notify the Committee on Armed Services and the Committee on Veterans 
Affairs of the House of Representatives and the Committee on Armed 
Services and the Committee on Veterans Affairs of the Senate of the 
reasons for the termination not later than 10 days after the 
determination is made.
    (g) Effective Date.--The pilot program and pilot process required 
by this section shall be implemented not later than the first day of 
the eighth month beginning after the date of the enactment of this Act.

SEC. 11. ESTABLISHMENT OF MEDICAL SUPPORT FUND FOR SUPPORT OF MEMBERS 
              OF THE ARMED FORCES RETURNING TO MILITARY SERVICE OR 
              CIVILIAN LIFE.

    (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 Treasury.
    (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 any 
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 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) 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, 2008.

SEC. 12. ANNUAL REPORT ON MILITARY MEDICAL FACILITIES.

    (a) In General.--
            (1) Report requirement.--Chapter 23 of title 10, United 
        States Code, is amended by adding at the end the following new 
        section:
``Sec. 490. Annual report on military medical facilities
    ``(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 Defense.
    ``(b) 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 of the armed forces admitted for treatment to 
        military medical treatment facilities.
            ``(2) Members of the armed forces assigned to military 
        medical treatment facilities as an outpatient.
            ``(3) Family members accompanying any member described in 
        paragraph (1) or (2) as a nonmedical attendant.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``490. Annual report on military medical facilities.''.
    (b) Effective Date.--The first report under section 490 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.

SEC. 13. 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 the purpose of--
            (1) improving the consistency of the two disability 
        evaluation 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 
consider 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 et seq.).
    (c) Report.--Not later than 180 days after the date of the 
submission of the final report of the Veterans' Disability Benefits 
Commission, 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 as the Secretaries consider 
        appropriate.

SEC. 14. OVERSIGHT BOARD FOR WOUNDED WARRIORS.

    (a) Establishment.--There is hereby established a board to be known 
as the Oversight Board for Wounded Warriors (in this section referred 
to as the ``Oversight Board'').
    (b) Composition.--The Oversight Board shall be composed of 12 
members, of whom--
            (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) two shall be appointed by the President; and
            (6) two 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 servicemember or family member of a recovering 
servicemember.
    (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 servicemembers;
                    (C) the need to revise Department of Defense 
                policies to improve the experience of recovering 
                servicemembers 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 
                servicemembers;
                    (E) the need to revise Department of Defense 
                policies regarding the provision of quality lodging to 
                recovering servicemembers; and
                    (F) such other matters relating to the evaluation 
                and care of recovering servicemembers, including 
                evaluation under disability evaluation systems, as the 
                Board considers appropriate.
            (2) Visits to military medical treatment facilities.--In 
        carrying out 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 the Oversight Board.
    (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 on its activities 
during the preceding year, including any findings and recommendations 
of the Oversight Board as a result of such activities.

SEC. 15. DEFINITIONS.

    In this Act:
            (1) Congressional defense committees.--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.--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.--The term ``family member'', with 
        respect to a recovering servicemember, has the meaning given 
        that term in section 411h(b) of title 37, United States Code.
            (4) Recovering servicemember.--The term ``recovering 
        servicemember'' 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, or is otherwise in 
        medical hold or holdover status, for an injury, illness, or 
        disease incurred or aggravated while on active duty in the 
        Armed Forces.
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