1.This Act may be cited as
the Bridging the Gap for Wounded
Warriors Act
.
2.Health care for
severely injured members of the Armed Forces
(a)
(1)Treatment as on
active duty of members otherwise retired for physical
disabilityAny 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)The services and benefits to which a member is entitled
under paragraph (1) shall not include pay and compensation for active
duty.
(3)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 careEach 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)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)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)The services and benefits to which a member is entitled
under paragraph (1) shall not include pay and compensation for active
duty.
(3)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 careEach 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)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)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)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.
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)
(1)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)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)
(1)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)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)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)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 issuesAny 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 personnelThe 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)
(1)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)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 definedIn 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 GAONot 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)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)The
responsibilities of the Office of Seamless Transition of the Department of
Veterans Affairs are hereby terminated.
(i)Transfer of
responsibilities of applicable DoD officesThe 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
CommitteeSection 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)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.
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)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 determinationsThe 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 unfitnessAny 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 ratingThe 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)Section
5111 of title 38, United States Code, is repealed.
(2)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 appropriationsThere is hereby authorized to be appropriated
such sums as may be necessary to carry out this section.
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)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)
(1)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)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.