[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1064 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1064

  To provide for the improvement of the physical evaluation processes 
   applicable to members of the Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2007

 Mrs. Clinton introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To provide for the improvement of the physical evaluation processes 
   applicable to members of the Armed Forces, 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.

    This Act may be cited as the ``Restoring Disability Benefits for 
Injured and Wounded Warriors Act of 2007''.

SEC. 2. REVIEW AND ACTION ON CERTAIN DETERMINATIONS OF THE PHYSICAL 
              EVALUATION BOARD.

    (a) Panel for Reviews.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall appoint, from 
among individuals in the private sector who are qualified for such 
purpose, a panel of individuals to conduct the reviews required by 
subsection (b).
    (b) Reviews.--
            (1) In general.--The panel appointed under subsection (a) 
        shall--
                    (A) review--
                            (i) each case before the Physical 
                        Evaluation Board of the Department of Defense 
                        in which such board determined to discharge, 
                        separate, or release a member of the Armed 
                        Forces without assigning a rating of disability 
                        to the member; and
                            (ii) each case before the Physical 
                        Evaluation Board in which a member of the Armed 
                        Forces appealed the determination of such board 
                        regarding the rating of disability assigned to 
                        the member;
                    (B) for each case so reviewed--
                            (i) determine whether or not a liaison 
                        officer was assigned to the member of the Armed 
                        Forces concerned for such case; and
                            (ii) determine whether or not an attorney 
                        was assigned to the member of the Armed Forces 
                        concerned for such case; and
                    (C) for each case so reviewed, determine whether or 
                not the facts of the case warrant the re-opening of the 
                case for purposes of assigning a rating of disability 
                to the member of the Armed Forces concerned, or 
                increasing a rating of disability previously assigned 
                the member, as applicable, for purposes of the receipt 
                of disability benefits.
            (2) Covered cases.--The review required by paragraph (1) 
        shall be performed for each case described in that paragraph in 
        which a final determination was made by a board referred to in 
        that paragraph during the period beginning on September 11, 
        2001, and ending on the date of the enactment of this Act.
            (3) Availability of information.--The Secretary shall make 
        available to the panel appointed under subsection (a) such 
        information as the panel shall require in order to conduct the 
        reviews required by paragraph (1), including the case files of 
        the Physical Evaluation Board.
            (4) Reports.--Not later than 60 days after the date of the 
        appointment of the panel required by subsection (a), and every 
        60 days thereafter until the completion of the reviews required 
        by paragraph (1), the panel shall submit to the Secretary of 
        Defense and the Secretary of the military department concerned 
        a report on each case reviewed under paragraph (1) during the 
        preceding 60 days, including the results of each such review 
        and the determinations required with respect to such case under 
        subparagraphs (B) and (C) of paragraph (1).
    (c) Re-Evaluation of Cases.--
            (1) In general.--The Secretary of the military department 
        concerned shall provide for a re-evaluation by the Physical 
        Evaluation Board of each case covered by a report under 
        subsection (b)(4) in which the panel appointed under subsection 
        (a) determined, as specified in subsection (b)(1)(C), that the 
        fact of such case warrant the re-opening of such case for 
        purposes of assigning a rating of disability to the member of 
        the Armed Forces concerned, or increasing a rating of 
        disability previously assigned the member, as applicable, for 
        purposes of the receipt of disability benefits.
            (2) Prohibition on reduction of rating of disability.--A 
        rating of disability subject to re-evaluation under paragraph 
        (1) may not be reduced as a result of the re-evaluation under 
        that paragraph.
            (3) Guidelines and procedures.--The re-evaluation of cases 
        under paragraph (1) shall be governed by such guidelines, and 
        follow such procedures, as the Secretary of Defense shall 
        prescribe for purposes of that paragraph. Such guidelines shall 
        prohibit a reduction of rating of disability pursuant to a re-
        evaluation under that paragraph. Such guidelines and procedures 
        shall, to the extent practicable, apply uniformly across the 
        military departments.
            (4) Deadline.--The re-evaluation of a case under paragraph 
        (1) shall be completed not later than 180 days after the date 
        of the receipt of a report on such case under subsection 
        (b)(4).
    (d) Correction of Records.--If a result of the re-evaluation of a 
case under subsection (c), the Physical Evaluation Board determines to 
assign a rating of disability to a member of the Armed Forces, or 
increase the rating previously assigned the member, as applicable, the 
Secretary of the military department concerned shall correct the record 
of the member, with the effective date of such correction to be the 
date of the original determination under the case by the Physical 
Evaluation Board regarding the disability of the member.

SEC. 3. REVIEW AND ACTION ON DETERMINATIONS ON BENEFITS UNDER TRAUMATIC 
              SERVICEMEMBERS GROUP LIFE INSURANCE.

    (a) Panel.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall appoint, from among 
individuals in the private sector who are qualified for such purpose, a 
panel of individuals to carry out the actions required by subsection 
(b).
    (b) Review and Assessment of Determinations.--
            (1) In general.--The panel appointed under subsection (a) 
        shall--
                    (A) review--
                            (i) each case in which a member of the 
                        Armed Forces was denied traumatic injury 
                        protection under section 1980A of title 38, 
                        United States Code, for a qualifying loss 
                        claimed by the member; and
                            (ii) each case in which a member of the 
                        Armed Forces appealed a determination of the 
                        amount of traumatic injury protection awarded 
                        the member under that section for a qualifying 
                        loss claimed by the member; and
                    (B) for each case so reviewed, determine whether or 
                not the facts of the case warrant the re-opening of the 
                case for purposes of paying traumatic injury protection 
                to the member of the Armed Forces concerned, or 
                increasing the amount of traumatic injury protection 
                previously paid the member, as applicable, under that 
                section for a qualifying loss claimed by the member.
            (2) Covered cases.--The review required by paragraph (1) 
        shall be performed for each case described in that paragraph in 
        which a final determination on a claim for a qualifying loss 
        under section 1980A of title 38, United States Code, was made 
        during the period beginning on May 11, 2005, and ending on the 
        date of the enactment of this Act.
            (3) Availability of information.--The Secretary of Defense 
        shall make available to the panel appointed under subsection 
        (a) such information as the panel shall require in order to 
        conduct the reviews required by paragraph (1).
            (4) Reports.--Not later than 60 days after the date of the 
        enactment of this Act, and every 60 days thereafter until the 
        completion of the reviews required by paragraph (1), the panel 
        appointed under subsection (a) shall submit to the Secretary of 
        Defense a report on each case reviewed under paragraph (1) 
        during the preceding 60 days, including the results of each 
        such review and the determination required with respect to such 
        case under paragraph (1)(B).
    (c) Re-Evaluation of Cases.--
            (1) In general.--The Secretary of Defense shall re-evaluate 
        each case covered by a report under subsection (b)(4) in which 
        the panel appointed under subsection (a) determines, as 
        specified in subsection (b)(1)(B), that the facts of such case 
        warrant the re-opening of such case for purposes of paying 
        traumatic injury protection for the member of the Armed Forces 
        concerned, or increasing the amount of traumatic injury 
        protection previously paid the member, as applicable, under 
        section 1980A of title 38, United States Code, for a qualifying 
        loss claimed by the member.
            (2) Prohibition on reduction of insurance award.--The 
        amount of insurance awarded under section 1980A of title 38, 
        United States Code, in any case subject to re-evaluation under 
        paragraph (1) may not be reduced as a result of the re-
        evaluation under that paragraph.
            (3) Guidelines and procedures.--The re-evaluation of cases 
        under paragraph (1) shall be governed by such guidelines, and 
        follow such procedures, as the Secretary of Defense shall 
        prescribe for purposes of that paragraph. Such guidelines and 
        procedures shall, to the extent practicable, apply uniformly 
        across the military departments.
            (4) Deadline.--The reconsideration of a case under 
        paragraph (1) shall be completed not later than 180 days after 
        the date of the receipt of a report on such case under 
        subsection (b)(4).
    (d) Correction of Records.--If a result of the reconsideration of a 
case under subsection (c), the Secretary of Defense determines to pay 
traumatic injury protection to a member of the Armed Forces, or 
increase the amount of traumatic injury protection previously paid the 
member, as applicable, under section 1980A of title 38, United States 
Code, for a qualifying loss claimed by the member, the Secretary shall 
correct the record of the member, with the effective date of such 
correction to be the date of the original determination under the case 
on the qualifying loss claimed by the member.

SEC. 4. ADEQUACY OF ASSIGNMENT OF JUDGE ADVOCATES TO PHYSICAL 
              EVALUATION BOARD CASES.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress a report 
that includes the following:
            (1) An assessment whether or not the number of judge 
        advocates assigned to cases before the Physical Evaluation 
        Board is adequate to ensure that--
                    (A) the judge advocates assigned such cases bear a 
                reasonable caseload of such cases; and
                    (B) the judge advocates assigned such cases 
                contribute to the efficient and timely disposition of 
                such cases by the board.
            (2) A recommendation of the number judge advocates to be 
        assigned to such cases in order to best achieve each of the 
        objectives set forth under paragraph (1).
    (b) Judge Advocate Defined.--In this section, the term ``judge 
advocate'' has the meaning given that term in section 801 of title 10, 
United States Code (article 1 of the Uniform Code of Military Justice).

SEC. 5. COMPTROLLER GENERAL REPORTS ON DISABILITY CLAIMS PROCESSES.

    (a) Report on Efforts To Address Certain Deficiencies in Disability 
Evaluation Systems of the Military Departments.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Comptroller General of 
        the United States shall submit to Congress a report setting 
        forth the assessment of the Comptroller of the efforts of the 
        Department of Defense to address the deficiencies identified in 
        the report of the Comptroller General entitled ``Military 
        Disability System: Improved Oversight Needed to Ensure 
        Consistent and Timely Outcomes for Reserve and Active Duty 
        Service Members'' (GAO-06-362; March 2006).
            (2) Elements.--The report required by paragraph (1) shall 
        address the efforts of the Department regarding the following:
                    (A) Harmonizing the procedures and practices of the 
                military departments under their disability evaluation 
                systems.
                    (B) Monitoring the compliance of such disability 
                evaluation systems with the policies and guidelines 
                applicable to such systems.
                    (C) Improving oversight of such disability systems 
                by the Disability Advisory Council, including--
                            (i) whether the council has reviewed the 
                        standardized disability rating system to 
                        classify the severity of medical impairments; 
                        and
                            (ii) whether the council has proposed 
                        improvements to or recertification of such 
                        systems.
                    (D) Improving the collection and processing of 
                information under such systems.
                    (E) Improving data entry under such systems, 
                including decreasing reported error rates and enhancing 
                training programs for Army data processors.
                    (F) Improving oversight of the training for staff 
                of such systems.
                    (G) Improving the availability of and access to 
                liaison officers to the Physical Evaluation Board of 
                each military department.
                    (H) Improving utilization of line-of-duty 
                determinations for members of the Armed Forces, 
                including members of the regular Armed Forces and 
                members of the National Guard and Reserve.
                    (I) Improving the quality of care and services for 
                wounded or injured members of the National Guard and 
                Reserve who are in medical holdover status and 
                receiving medical treatment away from their homes and 
                families.
                    (J) Improving quality assurance mechanisms to 
                ensure that disability determination under such systems 
                are consistent.
    (b) Report on Adequacy of Schedule for Rating Disabilities of 
Department of Veterans Affairs.--Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report setting forth the assessment 
of the Comptroller General of the adequacy of the schedule for rating 
disabilities of the Department of Veterans Affairs in recognizing, and 
providing for appropriate compensation for, disabilities incurred or 
aggravated in the Global War on Terror, including the following:
            (1) Traumatic brain injuries.
            (2) Amputations.
            (3) Spinal injuries.
            (4) Post-traumatic stress disorder (PTSD).
            (5) Hearing loss.
    (c) Report on Standards and Procedures of Physical Evaluation 
Board.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Comptroller General of 
        the United States shall submit to Congress a report setting 
        forth the review and assessment of the Comptroller General of 
        the standards and procedures of the Physical Evaluation Board 
        of the Department of Defense.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description and assessment of the standards 
                and procedures of the Physical Evaluation Board of the 
                Department of Defense, including standards and 
                procedures relating to--
                            (i) the qualification and selection of 
                        members of the board;
                            (ii) the timeliness of proceedings;
                            (iii) witness participation in proceedings;
                            (iv) the participation of liaison officers 
                        in proceedings;
                            (v) the availability of legal assistance 
                        for members of the Armed Forces seeking to 
                        appeal determinations of the board; and
                            (vi) other appropriate board matters.
                    (B) Recommendations for such improvements to such 
                standards and procedures as the Comptroller General 
                considers appropriate to enhance and improve the 
                activities of the Physical Evaluation Board.
                                 <all>