[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1363

To improve health care for severely injured members and former members 
              of the Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2007

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

_______________________________________________________________________

                                 A BILL


 
To improve health care for severely injured members and former 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 ``Bridging the Gap for Wounded 
Warriors Act''.

SEC. 2. HEALTH CARE FOR SEVERELY INJURED MEMBERS OF THE ARMED FORCES.

    (a) In General.--
            (1) Treatment as on active duty of members otherwise 
        retired for physical disability.--Any member of the Armed 
        Forces who is medically retired because of physical disability 
        under chapter 61 of title 10, United States Code, for a 
        disability incurred in or aggravated by service in the Armed 
        Forces shall be treated, during the period described in 
        paragraph (3), as a member of the Armed Forces on active duty 
        for purposes of the entitlement of such member to health care 
        services and benefits under law.
            (2) Services and benefits.--The services and benefits to 
        which a member is entitled under paragraph (1) shall not 
        include pay and compensation for active duty.
            (3) Period of treatment.--The period for which a member of 
        the Armed Forces shall be treated as a member of the Armed 
        Forces on active duty under paragraph (1) shall be the longer 
        of--
                    (A) the two-year period beginning on the date on 
                which the member is medically retired as described in 
                that paragraph; or
                    (B) the period, if applicable, during which the 
                member's name is on the temporary disability retirement 
                list.
            (4) Entitlement to health care.--Each member of the Armed 
        Forces treated under paragraph (1) as a member of the Armed 
        Forces on active duty shall be entitled, while so treated, to 
        any health care services and benefits to which a member of the 
        Armed Forces on active duty is otherwise entitled under law.
            (5) Construction.--The treatment under paragraph (1) of a 
        member of the Armed Forces as a member of the Armed Forces on 
        active duty shall not be construed to affect or alter the 
        treatment of the member as medically retired, or on active 
        duty, as applicable, for any other purpose under any other 
        applicable provision of law.
    (b) Members Receiving Care From Department of Veterans Affairs.--
            (1) Treatment as veteran.--Any member of the Armed Forces 
        on active duty who receives health care and services from the 
        Department of Veterans Affairs for a wound, injury, or illness 
        incurred in or aggravated by service in the Armed Forces for 
        which the member would otherwise be eligible for medical 
        retirement because of physical disability under chapter 61 of 
        title 10, United States Code, shall, during the period 
        described in paragraph (3), be treated as a veteran for 
        purposes of the entitlement of such member to health care 
        services and benefits under the laws administered by the 
        Secretary of Veterans Affairs.
            (2) Services and benefits.--The services and benefits to 
        which a member is entitled under paragraph (1) shall not 
        include pay and compensation for active duty.
            (3) Period of treatment.--The period for which a member of 
        the Armed Forces shall be treated as a veteran under paragraph 
        (1) shall be the longer of--
                    (A) the two-year period beginning on the date on 
                which the member incurs or aggravates the wound or 
                injury providing the basis of such treatment under that 
                paragraph; or
                    (B) the period during which the member is assigned 
                to the Department of Veterans Affairs for purposes of 
                receipt of health care services and benefits from the 
                Department.
            (4) Entitlement to health care.--Each member of the Armed 
        Forces treated under paragraph (1) as a veteran shall be 
        entitled, while so treated, to any health care services and 
        benefits to which a veteran with a service-connected 
        disability, in accordance with the clinical needs of such 
        veteran, would be entitled under the laws administered by the 
        Secretary of Veterans Affairs.
            (5) Cost of care.--The costs of any health care and 
        services furnished under this subsection shall be borne by the 
        Secretary of Defense. The Secretary of Defense and the 
        Secretary of Veterans Affairs shall enter into a memorandum of 
        understanding setting forth mechanisms for the payment of such 
        costs by the Secretary of Defense.
            (6) Construction.--The treatment under paragraph (1) of a 
        member of the Armed Forces as a veteran shall not be 
        construed--
                    (A) to affect or alter the treatment of the member 
                as a member of the Armed Forces on active duty; or
                    (B) to affect, alter, or impair the eligibility or 
                entitlement of the member for benefits under the laws 
                administered by the Secretary of Veterans Affairs or 
                the Secretary of Defense after separation, release, or 
                retirement from the Armed Forces.
    (c) Effective Date.--This section shall take effect for members of 
the Armed Forces wounded or injured on or after October 7, 2001. 
However, no compensation is payable under this section for any period 
before the date of the enactment of this Act.

SEC. 3. JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 
              OFFICE FOR COORDINATION OF ASSISTANCE DURING TRANSITION 
              OF MEMBERS OF THE ARMED FORCES FROM MILITARY SERVICE TO 
              CIVILIAN LIFE.

    (a) Office.--
            (1) Establishment.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall jointly establish a joint 
        office for the Department of Defense and the Department of 
        Veterans Affairs for the coordination of assistance to members 
        of the Armed Forces in their transition from service in the 
        Armed Forces to civilian life.
            (2) Name.--The office established under paragraph (1) shall 
        be known as the ``Department of Defense-Department of Veterans 
        Affairs Office of Transition'' (in this section referred to as 
        the ``Office'').
    (b) Leadership.--
            (1) Director.--The Director of the Department of Defense-
        Department of Veterans Affairs Office of Transition shall be 
        the head of the Office. The Director shall be an individual as 
        follows:
                    (A) During the one-year period beginning on the 
                date of the enactment of this Act, and every second 
                one-year period thereafter, the Director shall be an 
                official of the Department of the Veterans Affairs 
                assigned to that position by the Secretary of Veterans 
                Affairs from among officials of the Department of 
                Veterans Affairs having civilian rank equivalent to the 
                military grade of brigadier general or rear admiral 
                (lower half).
                    (B) During each one-year period not covered by 
                subparagraph (A), the Director shall be a member of the 
                Armed Forces on active duty assigned to that position 
                by the Secretary of Defense from among members of the 
                Armed Forces on active duty in the grade of brigadier 
                general or rear admiral (lower half).
            (2) Deputy director.--The Deputy Director of the Department 
        of Defense-Department of Veterans Affairs Office of Transition 
        shall be the deputy director of the Office. The Deputy Director 
        shall be an individual as follows:
                    (A) During the one-year period beginning on the 
                date of the enactment of this Act, and every second 
                one-year period thereafter, the Deputy Director shall 
                be a member of the Armed Forces on active duty assigned 
                to that position by the Secretary of Defense from among 
                members of the Armed Forces on active duty in the grade 
                of brigadier general or rear admiral (lower half).
                    (B) During each one-year period not covered by 
                subparagraph (A), the Deputy Director shall be an 
                official of the Department of the Veterans Affairs 
                assigned to that position by the Secretary of Veterans 
                Affairs from among officials of the Department of 
                Veterans Affairs having civilian rank equivalent to the 
                military grade of brigadier general of rear admiral 
                (lower half).
            (3) Access.--The Director shall have direct access to the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        regarding the discharge of the functions of the Office.
    (c) Functions.--The functions of the Office shall include, but not 
be limited to, the following:
            (1) The development and implementation of policies 
        originating in the Office of the Secretary of Defense that 
        pertain to the transition of members of the Armed Forces from 
        service in the Armed Forces to civilian life and the resolution 
        of policy issues that arise between the Department of Defense 
        and the Department of Veterans Affairs on matters relating to 
        the continuity of care and benefits for members of the Armed 
        Forces from the Department of Defense and the Department of 
        Veterans Affairs during and after the transition from service 
        in the Armed Forces to civilian life.
            (2) To develop a standard medical record for both the 
        Department of Defense and the Department of Veterans Affairs.
            (3) With respect to members of the Armed Forces undergoing 
        discharge, separation, or release from the Armed Forces, to 
        develop an electronic standard certificate of release or 
        discharge from active duty for transfer to the Department of 
        Veterans Affairs.
            (4) To develop uniform standards, to be applicable across 
        the military departments and to the Department of Veterans 
        Affairs, for the physical examination to be provided to members 
        of the Armed Forces immediately before discharge, separation, 
        or release from the Armed Forces.
            (5) To develop uniform standards, to be applicable across 
        the military departments and to the Department of Veterans 
        Affairs, for the rating of disabilities incurred or aggravated 
        by members of the Armed Forces during service in the Armed 
        Forces.
            (6) To establish uniform policies, where practicable, on 
        the provision of pay and allowances for travel for members of 
        the Armed Forces, and their designated caregivers (if 
        appropriate), who are receiving health care benefits from the 
        Department of Defense or the Department of Veterans Affairs at 
        the time of discharge, separation, or release from the Armed 
        Forces.
            (7) Oversight of the establishment by the military 
        departments of policies to ensure that members of the Armed 
        Forces who, at the time of discharge, separation, or release 
        from the Armed Forces require medical care or counseling for a 
        wound, injury, or condition incurred or aggravated in service 
        in the Armed Forces, receive the care and services (including 
        case management services) they require during discharge, 
        separation, or release from the Armed Forces and thereafter.
            (8) To improve the sharing between the Defense Finance and 
        Accounting Service and the Department of Veterans Affairs of 
        information to facilitate the payment of retired pay, 
        compensation, and other post-separation benefits to members of 
        the armed forces undergoing discharge, separation, release, or 
        retirement from the armed forces, and their dependents or 
        survivors, including information necessary for the payment of--
                    (A) retired or retirement pay;
                    (B) veterans disability compensation, including 
                concurrent receipt of veterans disability compensation 
                and retired pay;
                    (C) combat-related special compensation under 
                section 1413 of title 10, United States Code;
                    (D) benefits under the Survivor Benefit Plan and 
                veterans dependency and indemnity compensation; and
                    (E) such other pay or benefits to which such 
                members, and the dependents or survivors, are entitled.
            (9) To develop protocols for the collaboration of the 
        Department of Defense and the Department of Veterans Affairs in 
        the use of medical facilities shared by the Departments, for 
        the allocation of costs for such use, and for the sharing of 
        pertinent research information between the Department of 
        Defense and the Department of Veterans Affairs.
            (10) To provide for the sharing between the Department of 
        Defense and the Department of Veterans Affairs of best 
        practices on care, treatment, and services for individuals and 
        their family members for conditions incident to wounds or 
        injuries incurred in combat, including, but not limited to, 
        mental health conditions (including post-traumatic stress 
        disorder (PTSD)), traumatic brain injury (TBI), limb function 
        loss (including burns, broken and fractured bones, 
        amputations), vision problems, and spinal cord injuries.
            (11) To monitor the efficiency and effectiveness of the 
        Polytrauma Rehabilitation Centers of the Department, the 
        Centers of Excellence of the Office of Research and Development 
        of the Department of Veterans Affairs, and appropriate medical 
        treatment facilities.
            (12) To perform the functions of the Office of Seamless 
        Transition as transferred to the Office by subsection (h).
            (13) To resolve policy issues that arise between and among 
        the military departments and the Department of Veterans Affairs 
        on matters relating to care and benefits for members of the 
        Armed Forces undergoing discharge, separation, release, or 
        retirement from the Armed Forces.
    (d) Resolution of Policy Issues.--Any resolution by the Office of a 
policy issue under paragraph (13) subsection (c) that involves a 
military department shall be subject to the approval of the Secretary 
of Defense. Any resolution by the Office of a policy issue under that 
paragraph that involves the Department of Veterans Affairs shall be 
subject to the approval of the Secretary of Veterans Affairs.
    (e) Participation of Other Agency Personnel.--The Secretary of 
Defense and the Secretary of Veterans Affairs shall, with the consent 
of the head of the department or agency concerned, provide for the 
participation in the activities of the Office of such personnel from 
other departments and agencies of the Federal Government having 
responsibilities relating to the transition of members of the Armed 
Forces from service in the Armed Forces to civilian life as is 
necessary to ensure the effective coordination of the activities of the 
Office with the activities of such departments and agencies relating to 
the transition of members of the Armed Forces from service in the Armed 
Forces to civilian life.
    (f) Reports and Briefings.--
            (1) Briefing required.--Not later than six months after the 
        date of the establishment of the Office, and every six months 
        thereafter, the Director of the Department of Defense-
        Department of Veterans Affairs Office of Transition shall 
        submit to the Department of Veterans Affairs-Department of 
        Defense Joint Executive Committee, and to the appropriate 
        committees of Congress, a briefing on the activities of the 
        Office during the six-month period ending on the date of such 
        report.
            (2) Annual reports required.--The Director of the 
        Department of Defense-Department of Veterans Affairs Office of 
        Transition shall on an annual basis submit to the Department of 
        Veterans Affairs-Department of Defense Joint Executive 
        Committee, and to the appropriate committees of Congress, a 
        report on the Office. Each report under this paragraph shall 
        include the following:
                    (A) A description and assessment of the activities 
                of the Office during the year preceding the year in 
                which such report is submitted.
                    (B) A discussion of the activities proposed for the 
                Office during the year in which the report is 
                submitted, including schedules for assessments, 
                recommendations, and implementation of such activities.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committees on Armed Services and Veterans' 
                Affairs of the Senate; and
                    (B) the Committees on Armed Services and Veterans' 
                Affairs of the House of Representatives.
    (g) Biennial Assessment by GAO.--Not later than two years after the 
date of the enactment of this Act, and every two years thereafter, the 
Comptroller General of the United States shall submit to the 
appropriate committees of Congress (as defined in subsection (f)(3)) a 
report setting forth the assessment of the Comptroller General of the 
progress made by the Defense-Department of Veterans Affairs Office of 
Transition in carrying out its functions under subsection (c).
    (h) Transfer of Office of Seamless Transition.--
            (1) In general.--The responsibilities, functions, and 
        powers of the Office of Seamless Transition of the Department 
        of Veterans Affairs are hereby transferred to the Department of 
        Defense-Department of Veterans Affairs Office of Transition.
            (2) Termination.--The responsibilities of the Office of 
        Seamless Transition of the Department of Veterans Affairs are 
        hereby terminated.
    (i) Transfer of Responsibilities of Applicable DoD Offices.--The 
Secretary of Defense shall provide for the transfer to the Department 
of Defense-Department of Veterans Affairs Office of Transition of such 
functions and responsibilities of offices and elements of the Office of 
the Secretary of Defense as the Secretary considers appropriate, 
consistent with the functions of the Defense-Department of Veterans 
Affairs Office of Transition under subsection (c), to facilitate the 
discharge by the Office of its functions under that subsection.
    (j) Joint Executive Committee.--Section 320(a)(2) of title 38, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) the Director of the Department of Defense-Department 
        of Veterans Affairs Office of Transition and the Deputy 
        Director of the Department of Defense-Department of Veterans 
        Affairs Office of Transition.''.
    (k) Funding.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly make available from the DOD-VA Health 
Care Sharing Incentive Fund each fiscal year such amounts as are 
required for the activities of the Department of Defense-Department of 
Veterans Affairs Office of Transition during such fiscal year.

SEC. 4. REFORM OF DISABILITY RATING SYSTEMS OF THE DEPARTMENT OF 
              DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Actions Following Determination of Unfitness for Duties.--
            (1) In general.--Except as provided in paragraph (3), each 
        member of the Armed Forces who is determined by the Secretary 
        of the military department concerned to be unfit to perform the 
        duties of the member's office, grade, rank, or rating because a 
        physical disability described in section 1201(a) or 1203(a) of 
        title 10, United States Code, shall--
                    (A) be evaluated by a disability ratings team of 
                the Department of Veterans Affairs at the military 
                medical treatment facility at which the member is 
                currently receiving care for purposes of the assignment 
                of a prestabilization disability rating, if applicable; 
                and
                    (B)(i) if determined pursuant to evaluation under 
                subparagraph (A) to have a prestabilization rating of 
                50 percent or 100 percent disabled (as determined in 
                accordance with the provisions of section 4.28 of title 
                38, Code of Federal Regulations), be placed on the 
                temporary disability retired list to receive 
                compensation from the Department of Veterans Affairs in 
                accordance with such prestabilization rating of 
                disability, pending the assignment of a final 
                disability rating by a disability ratings team of the 
                Department of Veterans Affairs; or
                    (ii) if determined pursuant to evaluation under 
                subparagraph (A) not to qualify for a prestabilization 
                rating described in clause (i), be further evaluated by 
                a disability ratings team of the Department of Veterans 
                Affairs at the military medical treatment facility at 
                which the member is currently receiving care for 
                purposes of assigning a final disability rating to the 
                member while still on active duty.
            (2) Documentation of determinations.--The Secretary of the 
        military department concerned shall document, in writing, each 
        determination of unfitness made as described in paragraph (1).
            (3) Appeal of determination of unfitness.--Any member of 
        the Armed Forces subject to a determination of unfitness to 
        perform the duties of the member's office, grade, rank, or 
        rating described in paragraph (1) may appeal that determination 
        under such procedures as the Secretary of Defense shall 
        prescribe for purposes of this paragraph. Such procedures shall 
        include--
                    (A) mechanisms for the appeal of a determination of 
                unfitness;
                    (B) procedures and standards for the consideration 
                of any such appeal; and
                    (C) mechanisms for the return of the member to 
                active duty in the event the member's appeal is 
                successful.
    (b) Utilization of Final Disability Rating.--The Secretary of 
Defense shall utilize the final disability rating that was documented 
by the Secretary of the military department concerned as rendering a 
member of the Armed Forces unfit for duty for purposes of determining 
the eligibility of the member for retirement pay and other benefits 
under the laws administered by the Secretary of Defense.
    (c) Repeal of Limitation on Commencement of Period of Payment.--
            (1) Repeal.--Section 5111 of title 38, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by striking 
        the item relating to section 5111.
    (d) Authorization of Appropriations.--There is hereby authorized to 
be appropriated such sums as may be necessary to carry out this 
section.

SEC. 5. REPORTS ON PROGRAMS OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
              VETERANS AFFAIRS FOR THE ASSESSMENT AND TREATMENT OF 
              WOUNDED MEMBERS OF THE ARMED FORCES.

    (a) Preliminary Report.--Not later than 120 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a preliminary assessment of the extent to 
which medical facilities of the Department of Defense and the 
Department of Veterans Affairs offer interdisciplinary medical 
treatment for wounded members of the Armed Forces.
    (b) Final Report.--
            (1) In general.--Not later than one year the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a final report on the extent to which medical 
        facilities of the Department of Defense and the Department of 
        Veterans Affairs offer interdisciplinary medical treatment for 
        wounded members of the Armed Forces.
            (2) Contents.--The report required by paragraph (1) shall 
        include a comprehensive assessment of medical facilities of the 
        Department of Defense and the Department of Veterans Affairs 
        that offer services in each of the following areas:
                    (A) Mental health.
                    (B) Behavioral neurology.
                    (C) Neurology, including treatment of traumatic 
                epilepsy.
                    (D) Physical rehabilitation.
                    (E) Vocational training.
                    (F) Any other health care areas that the 
                Comptroller General considers appropriate.
                                 <all>