[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1113 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1113

  To facilitate the provision of care and services for members of the 
    Armed Forces for traumatic brain injury, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2007

Mr. Bayh (for himself and Mrs. Clinton) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To facilitate the provision of care and services for members of the 
    Armed Forces for traumatic brain injury, 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 ``Traumatic Brain Injury Access to 
Options Act''.

SEC. 2. CARE AND SERVICES FOR MEMBERS OF THE ARMED FORCES FOR TRAUMATIC 
              BRAIN INJURY.

    (a) Retention on Active Duty.--
            (1) In general.--Except as provided in paragraph (3) and 
        subject to paragraph (4), the Secretary of Defense shall 
        prescribe regulations to ensure that each member of the Armed 
        Forces who incurs a covered traumatic brain injury while on 
        active duty in the Armed Forces shall be retained on active 
        duty in the Armed Forces for one year after the medical 
        assessment of their ability to perform their activities of 
        daily living (ADL).
            (2) Limitation on physical evaluation board.--A member of 
        the Armed Forces who is retained on active duty under paragraph 
        (1) may not be evaluated by a Physical Evaluation Board for 
        purposes of determining the eligibility of the member for 
        retirement or separation for disability under law during the 
        one-year period described in that paragraph.
            (3) Election of inapplicability.--(A) Paragraph (1) shall 
        not apply to a member of the Armed Forces otherwise described 
        by that paragraph--
                    (i) upon the election of the member; or
                    (ii) if the member is incapacitated or otherwise 
                incapable of making the election--
                            (I) upon the election of the family member;
                            (II) upon the election of the legal 
                        guardian of the member under a medical power of 
                        attorney; or
                            (III) if the member does not have any 
                        family members or a medical power of attorney, 
                        the person appointed by the Secretary of the 
                        military department concerned to act as the 
                        medical advocate to ensure the proper receipt 
                        by the member of such care and services for the 
                        covered traumatic brain injury as are available 
                        to the member through the Department of 
                        Defense.
            (B) In any case where a family member or legal guardian of 
        a member of the Armed Forces is present, the medical advocate 
        shall provide a written summary of benefits from the Department 
        of Defense and the Department of Veterans Affairs that are 
        available to the member of the Armed Forces for the injury or 
        injuries involved.
            (C) Any individual who carries out the duties of a medical 
        advocate under this paragraph shall receive such training for 
        the discharge of such duties, including training in applicable 
        protocols of the Department of Defense and the Department of 
        Veterans Affairs, as the Secretary of Defense (in consultation 
        with the Secretary of Veterans Affairs) considers appropriate.
            (D) The Secretary of Defense shall prescribe regulations to 
        carry out this paragraph.
            (4) Extension of period of retention on active duty.--The 
        period of retention of a member of the Armed Forces on active 
        duty under paragraph (1) may be such period longer than the 
        period otherwise provided under that paragraph as the Secretary 
        of the military department concerned considers appropriate in 
        light of the medical progress of the member for the covered 
        traumatic brain injury, as determined by such Secretary in 
        consultation with the medical personnel providing care to the 
        member for the covered traumatic brain injury and the family 
        member, legal guardian, or medical advocate of the member.
            (5) Purposes of retention on active duty.--The purposes of 
        retaining a member of the Armed Forces on active duty under 
        paragraph (1) shall include, but not be limited to, the 
        following:
                    (A) The provision of recurring medical evaluations 
                of the member for the effects of a covered traumatic 
                brain injury.
                    (B) The provision of cognitive therapy for the 
                member for a covered traumatic brain injury, including 
                cognitive therapy through medical facilities of the 
                Veterans Administration and private rehabilitation 
                hospitals or facilities with the cost of such therapy 
                borne by the Department of Defense.
            (6) Sunset.--This subsection shall expire on the date that 
        is five years after the date of the enactment of this Act. 
        However, any member of the Armed Forces retained on active duty 
        under paragraph (1) before that date may be retained on active 
        duty in accordance with this subsection after that date.
    (b) Comptroller General Assessments of Care and Services Provided 
by Department of Defense and Department of Veterans Affairs.--Not later 
than two years after the date of the enactment of this Act, and every 
year thereafter, the Comptroller General of the United States shall 
submit to Congress a report assessing the discrepancies in benefits and 
services available to members of the Armed Forces on active duty and 
medically retired members of the Armed Forces with traumatic brain 
injuries. Each such report shall identify and address such 
discrepancies.
    (c) Deadline for Regulations.--The Secretary of Defense shall 
prescribe the regulations required by this section not later than 90 
days after the date of the enactment of this Act.
    (d) Covered Traumatic Brain Injury Defined.--In this section, the 
term ``covered traumatic brain injury'', in the case of a member of the 
Armed Forces, means a traumatic brain injury as a result of which the 
member is unable to perform the activities of daily living (ADL) for a 
period of least five consecutive days from the date of medical 
assessment.
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