[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1606 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1606

To provide for the establishment of a comprehensive policy on the care 
 and management of wounded warriors in order to facilitate and enhance 
 their care, rehabilitation, physical evaluation, transition from care 
  by the Department of Defense to care by the Department of Veterans 
Affairs, and transition from military service to civilian life, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2007

Mr. Levin (for himself, Mr. Akaka, Mr. McCain, Mr. Warner, Mrs. Murray, 
 Mr. Graham, Mr. Kennedy, Mr. Sessions, Mr. Rockefeller, Ms. Collins, 
   Mr. Byrd, Mr. Chambliss, Mr. Obama, Mrs. Dole, Mr. Lieberman, Mr. 
Cornyn, Mr. Sanders, Mr. Thune, Mr. Reed, Mr. Martinez, Mr. Brown, Mr. 
 Nelson of Florida, Mr. Tester, Mr. Nelson of Nebraska, Mr. Bayh, Mrs. 
   Clinton, Mr. Pryor, Mr. Webb, Mrs. McCaskill, Mr. Durbin, and Ms. 
   Stabenow) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a comprehensive policy on the care 
 and management of wounded warriors in order to facilitate and enhance 
 their care, rehabilitation, physical evaluation, transition from care 
  by the Department of Defense to care by the Department of Veterans 
Affairs, and transition from military service to civilian life, 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 ``Dignified 
Treatment of Wounded Warriors Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
 TITLE I--POLICY ON CARE, MANAGEMENT, AND TRANSITION OF SERVICEMEMBERS 
                   WITH SERIOUS INJURIES OR ILLNESSES

Sec. 101. Comprehensive policy on care, management, and transition of 
                            members of the Armed Forces with serious 
                            injuries or illnesses.
                         TITLE II--HEALTH CARE

      Subtitle A--Enhanced Availability of Care for Servicemembers

Sec. 201. Medical care and other benefits for members and former 
                            members of the Armed Forces with severe 
                            injuries or illnesses.
              Subtitle B--Care and Services for Dependents

Sec. 211. Medical care and services and support services for families 
                            of members of the Armed Forces recovering 
                            from serious injuries or illnesses.
 Subtitle C--Traumatic Brain Injury and Post-Traumatic Stress Disorder

Sec. 221. Comprehensive plans on prevention, diagnosis, mitigation, and 
                            treatment of traumatic brain injury and 
                            post-traumatic stress disorder in members 
                            of the Armed Forces.
Sec. 222. Improvement of medical tracking system for members of the 
                            Armed Forces deployed overseas.
Sec. 223. Centers of excellence in the prevention, diagnosis, 
                            mitigation, treatment, and rehabilitation 
                            of traumatic brain injury and post-
                            traumatic stress disorder.
Sec. 224. Funding for improved diagnosis, treatment, and rehabilitation 
                            of members of the Armed Forces with 
                            traumatic brain injury or post-traumatic 
                            stress disorder.
Sec. 225. Reports.
                       Subtitle D--Other Matters

Sec. 231. Joint electronic health record for the Department of Defense 
                            and Department of Veterans Affairs.
Sec. 232. Enhanced personnel authorities for the Department of Defense 
                            for health care professionals for care and 
                            treatment of wounded and injured members of 
                            the Armed Forces.
Sec. 233. Personnel shortages in the mental health workforce of the 
                            Department of Defense.
                     TITLE III--DISABILITY MATTERS

                   Subtitle A--Disability Evaluations

Sec. 301. Utilization of veterans' presumption of sound condition in 
                            establishing eligibility of members of the 
                            Armed Forces for retirement for disability.
Sec. 302. Requirements and limitations on Department of Defense 
                            determinations of disability with respect 
                            to members of the Armed Forces.
Sec. 303. Review of separation of members of the Armed Forces separated 
                            from service with a disability rating of 20 
                            percent disabled or less.
Sec. 304. Pilot programs on revised and improved disability evaluation 
                            system for members of the Armed Forces.
Sec. 305. Reports on Army action plan in response to deficiencies in 
                            the Army physical disability evaluation 
                            system.
                  Subtitle B--Other Disability Matters

Sec. 311. Enhancement of disability severance pay for members of the 
                            Armed Forces.
          TITLE IV--IMPROVEMENT OF FACILITIES HOUSING PATIENTS

Sec. 401. Standards for military medical treatment facilities, 
                            specialty medical care facilities, and 
                            military quarters housing patients.
Sec. 402. Reports on Army action plan in response to deficiencies 
                            identified at Walter Reed Army Medical 
                            Center.
Sec. 403. Construction of facilities required for the closure of Walter 
                            Reed Army Medical Center, District of 
                            Columbia.
         TITLE V--OUTREACH AND RELATED INFORMATION ON BENEFITS

Sec. 501. Handbook for members of the Armed Forces on compensation and 
                            benefits available for serious injuries and 
                            illnesses.

SEC. 2. GENERAL DEFINITIONS.

    In this Act:
            (1) 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.
            (2) The term ``congressional defense committees'' has the 
        meaning given that term in section 101(a)(16) of title 10, 
        United States Code.
            (3) The term ``covered member of the Armed Forces'' 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 
        medical holdover status, for a serious injury or illness.
            (4) The term ``family member'', with respect to a member of 
        the Armed Forces or a veteran, has the meaning given that term 
        in section 411h(b) of title 37, United States Code.
            (5) The term ``medical hold or medical holdover status'' 
        means--
                    (A) the status of a member of the Armed Forces, 
                including a member of the National Guard or Reserve, 
                assigned or attached to a military hospital for medical 
                care; and
                    (B) the status of a member of a reserve component 
                of the Armed Forces who is separated, whether pre-
                deployment or post-deployment, from the member's unit 
                while in need of health care based on a medical 
                condition identified while the member is on active duty 
                in the Armed Forces.
            (6) The term ``serious injury or illness'', in the case of 
        a member of the Armed Forces, means an injury or illness 
        incurred by the member in line of duty on active duty in the 
        Armed Forces that may render the member medically unfit to 
        perform the duties of the member's office, grade, rank, or 
        rating.
            (7) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of title 10, United States Code.

 TITLE I--POLICY ON CARE, MANAGEMENT, AND TRANSITION OF SERVICEMEMBERS 
                   WITH SERIOUS INJURIES OR ILLNESSES

SEC. 101. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND TRANSITION OF 
              MEMBERS OF THE ARMED FORCES WITH SERIOUS INJURIES OR 
              ILLNESSES.

    (a) Comprehensive Policy Required.--
            (1) In general.--Not later than January 1, 2008, the 
        Secretary of Defense and the Secretary of Veterans Affairs 
        shall, to the extent feasible, jointly develop a comprehensive 
        policy on the care and management of members of the Armed 
        Forces who are undergoing medical treatment, recuperation, or 
        therapy, or are otherwise in medical hold or medical holdover 
        status, for a serious injury or illness (hereafter in this 
        section referred to as a ``covered servicemembers'').
            (2) Scope of policy.--The policy shall cover each of the 
        following:
                    (A) The care and management of covered 
                servicemembers while in medical hold or medical 
                holdover status.
                    (B) The medical evaluation and disability 
                evaluation of covered servicemembers.
                    (C) The return of covered servicemembers to active 
                duty when appropriate.
                    (D) The transition of covered servicemembers from 
                receipt of care and services through the Department of 
                Defense to receipt of care and services through the 
                Department of Veterans Affairs.
            (3) Consultation.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall develop the policy in 
        consultation with the heads of other appropriate departments 
        and agencies of the Federal Government and with appropriate 
        non-governmental organizations having an expertise in matters 
        relating to the policy.
            (4) Update.--The Secretary of Defense and the Secretary of 
        Veterans Affairs shall jointly update the policy on a periodic 
        basis in order to incorporate in the policy, as appropriate, 
        the results of the reviews under subsections (b) and (c) and 
        the best practices identified through pilot programs under 
        section 304.
    (b) Review of Current Policies and Procedures.--
            (1) Review required.--In developing the policy required by 
        this section, the Secretary of Defense and the Secretary of 
        Veterans Affairs shall, to the extent necessary, jointly and 
        separately conduct a review of all policies and procedures of 
        the Department of Defense and the Department of Veterans 
        Affairs that apply to, or shall be covered by, the policy.
            (2) Purpose.--The purpose of the review shall be to 
        identify the most effective and patient-oriented approaches to 
        care and management of covered servicemembers for purposes of--
                    (A) incorporating such approaches into the policy; 
                and
                    (B) extending such approaches, where applicable, to 
                care and management of other injured or ill members of 
                the Armed Forces and veterans.
            (3) Elements.--In conducting the review, the Secretary of 
        Defense and the Secretary of Veterans Affairs shall--
                    (A) identify among the policies and procedures 
                described in paragraph (1) best practices in approaches 
                to the care and management described in that paragraph;
                    (B) identify among such policies and procedures 
                existing and potential shortfalls in such care and 
                management, and determine means of addressing any 
                shortfalls so identified;
                    (C) determine potential modifications of such 
                policies and procedures in order to ensure consistency 
                and uniformity among the military departments and the 
                regions of the Department of Veterans Affairs in their 
                application and discharge; and
                    (D) develop recommendations for legislative and 
                administrative action necessary to implement the 
                results of the review.
            (4) Deadline for completion.--The review shall be completed 
        not later than 90 days after the date of the enactment of this 
        Act.
    (c) Consideration of Findings, Recommendations, and Practices.--In 
developing the policy required by this section, the Secretary of 
Defense and the Secretary of Veterans Affairs shall take into account 
the following:
            (1) The findings and recommendations of applicable studies, 
        reviews, reports, and evaluations that address matters relating 
        to the policy, including, but not limited, to the following:
                    (A) The Independent Review Group on Rehabilitative 
                Care and Administrative Processes at Walter Reed Army 
                Medical Center and National Naval Medical Center 
                appointed by the Secretary of Defense.
                    (B) The Secretary of Veterans Affairs Task Force on 
                Returning Global War on Terror Heroes appointed by the 
                President.
                    (C) The President's Commission on Care for 
                America's Returning Wounded Warriors.
                    (D) The Veterans' Disability Benefits Commission 
                established by title XV of the National Defense 
                Authorization Act for Fiscal Year 2004 (Public Law 108-
                136; 117 Stat. 1676; 38 U.S.C. 1101 note).
                    (E) The President's Commission on Veterans' 
                Pensions, of 1956, chaired by General Omar N. Bradley.
                    (F) The Report of the Congressional Commission on 
                Servicemembers and Veterans Transition Assistance, of 
                1999, chaired by Anthony J. Principi.
                    (G) The President's Task Force to Improve Health 
                Care Delivery for Our Nation's Veterans, of March 2003.
            (2) The experience and best practices of the Department of 
        Defense and the military departments on matters relating to the 
        policy.
            (3) The experience and best practices of the Department of 
        Veterans Affairs on matters relating to the policy.
            (4) Such other matters as the Secretary of Defense and the 
        Secretary of Veterans Affairs consider appropriate.
    (d) Particular Elements of Policy.--The policy required by this 
section shall provide, in particular, the following:
            (1) Responsibility for covered servicemembers in medical 
        hold or medical holdover status.--Mechanisms to ensure 
        responsibility for covered servicemembers in medical hold or 
        medical holdover status, including the following:
                    (A) Uniform standards for access of covered 
                servicemembers to non-urgent health care services from 
                the Department of Defense or other providers under the 
                TRICARE program, with such access to be--
                            (i) for follow-up care, within 2 days of 
                        request of care;
                            (ii) for specialty care, within 3 days of 
                        request of care;
                            (iii) for diagnostic referrals and studies, 
                        within 5 days of request; and
                            (iv) for surgery based on a physician's 
                        determination of medical necessity, within 14 
                        days of request.
                    (B) Requirements for the assignment of adequate 
                numbers of personnel for the purpose of responsibility 
                for and administration of covered servicemembers in 
                medical hold or medical holdover status.
                    (C) Requirements for the assignment of adequate 
                numbers of medical personnel and non-medical personnel 
                to roles and responsibilities for caring for and 
                administering covered servicemembers in medical hold or 
                medical holdover status, and a description of the roles 
                and responsibilities of personnel so assigned.
                    (D) Guidelines for the location of care for covered 
                servicemembers in medical hold or medical holdover 
                status, which guidelines shall address the assignment 
                of such servicemembers to care and residential 
                facilities closest to their duty station or home of 
                record at the earliest possible time.
                    (E) Criteria for work and duty assignments of 
                covered servicemembers in medical hold or medical 
                holdover status, including a prohibition on the 
                assignment of duty to a servicemember which is 
                incompatible with the servicemember's medical 
                condition.
                    (F) Guidelines for the provision of care and 
                counseling for eligible family members of covered 
                servicemembers in medical hold or medical holdover 
                status.
                    (G) Requirements for case management of covered 
                servicemembers in medical hold or medical holdover 
                status, including qualifications for personnel 
                providing such case management.
                    (H) Requirements for uniform quality of care and 
                administration for all covered servicemembers in 
                medical hold or medical holdover status, whether 
                members of the regular components of the Armed Forces 
                or members of the reserve components of the Armed 
                Forces.
                    (I) Standards for the conditions and accessibility 
                of residential facilities for covered servicemembers in 
                medical hold or medical holdover status who are in 
                outpatient status, and for their immediate family 
                members.
                    (J) Requirements on the provision of transportation 
                and subsistence for covered servicemembers in medical 
                hold or medical holdover status, whether in inpatient 
                status or outpatient status, to facilitate obtaining 
                needed medical care and services.
                    (K) Requirements on the provision of educational 
                and vocational training and rehabilitation 
                opportunities for covered servicemembers in medical 
                hold or medical holdover status.
                    (L) Procedures for tracking and informing covered 
                servicemembers in medical hold or medical holdover 
                status about medical evaluation board and physical 
                disability evaluation board processing.
                    (M) Requirements for integrated case management of 
                covered servicemembers in medical hold or medical 
                holdover status during their transition from care and 
                treatment through the Department of Defense to care and 
                treatment through the Department of Veterans Affairs.
                    (N) Requirements and standards for advising and 
                training, as appropriate, family members with respect 
                to care for covered servicemembers in medical hold or 
                medical holdover status with serious medical 
                conditions, particularly traumatic brain injury (TBI) 
                and post-traumatic stress disorder (PTSD).
                    (O) Requirements for periodic reassessments of 
                covered servicemembers, and limits on the length of 
                time such servicemembers may be retained in medical 
                hold or medical holdover status.
                    (P) Requirements to inform covered servicemembers 
                and their family members of their rights and 
                responsibilities while in medical hold or medical 
                holdover status.
            (2) Medical evaluation and physical disability evaluation 
        for covered servicemembers.--
                    (A) Medical evaluations.--Processes, procedures, 
                and standards for medical evaluations of covered 
                servicemembers, including the following:
                            (i) Processes for medical evaluations of 
                        covered servicemembers that are--
                                    (I) applicable uniformly throughout 
                                the military departments; and
                                    (II) applicable uniformly with 
                                respect to such servicemembers who are 
                                members of the regular components of 
                                the Armed Forces and such 
                                servicemembers who are members of the 
                                National Guard and Reserve.
                            (ii) Standard criteria and definitions for 
                        determining the achievement for covered 
                        servicemembers of the maximum medical benefit 
                        from treatment and rehabilitation.
                            (iii) Standard timelines for each of the 
                        following:
                                    (I) Determinations of fitness for 
                                duty of covered servicemembers.
                                    (II) Specialty consultations for 
                                covered servicemembers.
                                    (III) Preparation of medical 
                                documents for covered servicemembers.
                                    (IV) Appeals by covered 
                                servicemembers of medical evaluation 
                                determinations, including 
                                determinations of fitness for duty.
                            (iv) Uniform standards for qualifications 
                        and training of medical evaluation board 
                        personnel, including physicians, case workers, 
                        and physical disability evaluation board 
                        liaison officers, in conducting medical 
                        evaluations of covered servicemembers.
                            (v) Standards for the maximum number of 
                        medical evaluation cases of covered 
                        servicemembers that are pending before a 
                        medical evaluation board at any one time, and 
                        requirements for the establishment of 
                        additional medical evaluation boards in the 
                        event such number is exceeded.
                            (vi) Uniform standards for information for 
                        covered servicemembers, and their families, on 
                        the medical evaluation board process and the 
                        rights and responsibilities of such 
                        servicemembers under that process, including a 
                        standard handbook on such information.
                    (B) Physical disability evaluations.--Processes, 
                procedures, and standards for physical disability 
                evaluations of covered servicemembers, including the 
                following:
                            (i) A non-adversarial process of the 
                        Department of Defense and the Department of 
                        Veterans Affairs for disability determinations 
                        of covered servicemembers.
                            (ii) To the extent feasible, procedures to 
                        eliminate unacceptable discrepancies among 
                        disability ratings assigned by the military 
                        departments and the Department of Veterans 
                        Affairs, particularly in the disability 
                        evaluation of covered servicemembers, which 
                        procedures shall be subject to the following 
                        requirements and limitations:
                                    (I) Such procedures shall apply 
                                uniformly with respect to covered 
                                servicemembers who are members of the 
                                regular components of the Armed Forces 
                                and covered servicemembers who are 
                                members of the National Guard and 
                                Reserve.
                                    (II) Under such procedures, each 
                                Secretary of a military department 
                                shall, to the extent feasible, utilize 
                                the standard schedule for rating 
                                disabilities in use by the Department 
                                of Veterans Affairs, including any 
                                applicable interpretation of such 
                                schedule by the United States Court of 
                                Appeals for Veterans Claims, in making 
                                any determination of disability of a 
                                covered servicemember.
                            (iii) Standard timelines for appeals of 
                        determinations of disability of covered 
                        servicemembers, including timelines for 
                        presentation, consideration, and disposition of 
                        appeals.
                            (iv) Uniform standards for qualifications 
                        and training of physical disability evaluation 
                        board personnel in conducting physical 
                        disability evaluations of covered 
                        servicemembers.
                            (v) Standards for the maximum number of 
                        physical disability evaluation cases of covered 
                        servicemembers that are pending before a 
                        physical disability evaluation board at any one 
                        time, and requirements for the establishment of 
                        additional physical disability evaluation 
                        boards in the event such number is exceeded.
                            (vi) Procedures for the provision of legal 
                        counsel to covered servicemembers while 
                        undergoing evaluation by a physical disability 
                        evaluation board.
                            (vii) Uniform standards on the roles and 
                        responsibilities of case managers, 
                        servicemember advocates, and judge advocates 
                        assigned to covered servicemembers undergoing 
                        evaluation by a physical disability board, and 
                        uniform standards on the maximum number of 
                        cases involving such servicemembers that are to 
                        be assigned to such managers and advocates.
                    (C) Return of covered servicemembers to active 
                duty.--Standards for determinations by the military 
                departments on the return of covered servicemembers to 
                active duty in the Armed Forces.
                    (D) Transition of covered servicemembers from dod 
                to va.--Processes, procedures, and standards for the 
                transition of covered servicemembers from care and 
                treatment by the Department of Defense to care and 
                treatment by the Department of Veterans Affairs before, 
                during, and after separation from the Armed Forces, 
                including the following:
                            (i) A uniform, patient-focused policy to 
                        ensure that the transition occurs without gaps 
                        in medical care and the quality of care and 
                        services.
                            (ii) Procedures for the identification and 
                        tracking of covered servicemembers during the 
                        transition, and for the coordination of care 
                        and treatment of such servicemembers during the 
                        transition, including a system of cooperative 
                        case management of such servicemembers by the 
                        Department of Defense and the Department of 
                        Veterans Affairs during the transition.
                            (iii) Procedures for the notification of 
                        Department of Veterans Affairs liaison 
                        personnel of the commencement by covered 
                        servicemembers of the medical evaluation 
                        process and the physical disability evaluation 
                        process.
                            (iv) Procedures and timelines for the 
                        enrollment of covered servicemembers in 
                        applicable enrollment or application systems of 
                        the Department of Veterans with respect to 
                        health care, disability, education, vocational 
                        rehabilitation, or other benefits.
                            (v) Procedures to ensure the access of 
                        covered servicemembers during the transition to 
                        vocational, educational, and rehabilitation 
                        benefits available through the Department of 
                        Veterans Affairs.
                            (vi) Standards for the optimal location of 
                        Department of Defense and Department of 
                        Veterans Affairs liaison and case management 
                        personnel at military medical treatment 
                        facilities, medical centers, and other medical 
                        facilities of the Department of Defense.
                            (vii) Standards and procedures for 
                        integrated medical care and management for 
                        covered servicemembers during the transition, 
                        including procedures for the assignment of 
                        medical personnel of the Department of Veterans 
                        Affairs to Department of Defense facilities to 
                        participate in the needs assessments of such 
                        servicemembers before, during, and after their 
                        separation from military service.
                            (viii) Standards for the preparation of 
                        detailed plans for the transition of covered 
                        servicemembers from care and treatment by the 
                        Department of Defense to care and treatment by 
                        the Department of Veterans Affairs, which plans 
                        shall be based on standardized elements with 
                        respect to care and treatment requirements and 
                        other applicable requirements.
                    (E) Other matters.--The following additional 
                matters with respect to covered servicemembers:
                            (i) Access by the Department of Veterans 
                        Affairs to the military health records of 
                        covered servicemembers who are receiving care 
                        and treatment in Department of Veterans Affairs 
                        health care facilities.
                            (ii) Requirements for utilizing, in 
                        appropriate cases, a single physical 
                        examination that meets requirements of both the 
                        Department of Defense and the Department of 
                        Veterans Affairs for covered servicemembers who 
                        are being retired, separated, or released from 
                        military service.
                            (iii) Surveys and other mechanisms to 
                        measure patient and family satisfaction with 
                        the provision by the Department of Defense and 
                        the Department of Veterans Affairs of care and 
                        services for covered servicemembers, and to 
                        facilitate appropriate oversight by supervisory 
                        personnel of the provision of such care and 
                        services.
    (e) Reports.--
            (1) Report on policy.--Upon the development of the policy 
        required by this section but not later than January 1, 2008, 
        the Secretary of Defense and the Secretary of Veterans Affairs 
        shall jointly submit to the appropriate committees of Congress 
        a report on the policy, including a comprehensive and detailed 
        description of the policy and of the manner in which the policy 
        addresses the findings and recommendations of the reviews under 
        subsections (b) and (c).
            (2) Reports on update.--Upon updating the policy under 
        subsection (a)(4), the Secretary of Defense and the Secretary 
        of Veterans Affairs shall jointly submit to the appropriate 
        committees of Congress a report on the update of the policy, 
        including a comprehensive and detailed description of such 
        update and of the reasons for such update.

                         TITLE II--HEALTH CARE

      Subtitle A--Enhanced Availability of Care for Servicemembers

SEC. 201. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER 
              MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR 
              ILLNESSES.

    (a) Medical and Dental Care for Members and Former Members.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act, any covered member of the Armed Forces, and any 
        former member of the Armed Forces, with a severe injury or 
        illness is entitled to medical and dental care in any facility 
        of the uniformed services under section 1074(a) of title 10, 
        United States Code, or through any civilian health care 
        provider authorized by the Secretary to provide health and 
        mental health services to members of the uniformed services, 
        including traumatic brain injury (TBI) and post-traumatic 
        stress disorder (PTSD), as if such member or former member were 
        a member of the uniformed services described in paragraph (2) 
        of such section who is entitled to medical and dental care 
        under such section.
            (2) Period of authorized care.--A member or former member 
        described in paragraph (1) is entitled to care under that 
        paragraph during the three-year period beginning on the date 
        the member or former member leaves active duty, except that 
        such period may be extended by the Secretary concerned for an 
        additional period of up to two years if the Secretary concerned 
        determines that such extension is necessary to assure the 
        maximum feasible recovery and rehabilitation of the member or 
        former member. Any such determination shall be made on a case-
        by-case basis.
            (3) Integrated care management.--The Secretary of Defense 
        shall provide for a program of integrated care management in 
        the provision of care and services under this subsection, which 
        management shall be provided by appropriate medical and case 
        management personnel of the Department of Defense and the 
        Department of Veterans Affairs (as approved by the Secretary of 
        Veterans Affairs) and with appropriate support from the 
        Department of Defense regional health care support contractors.
            (4) Waiver of limitations to maximize care.--The Secretary 
        of Defense may, in providing medical and dental care to a 
        member or former member under this subsection during the period 
        referred to in paragraph (2), waive any limitation otherwise 
        applicable under chapter 55 of title 10, United States Code, to 
        the provision of such care to the member or former member if 
        the Secretary considers the waiver appropriate to assure the 
        maximum feasible recovery and rehabilitation of the member or 
        former member.
            (5) Construction with eligibility for veterans benefits.--
        Nothing in this subsection shall be construed to reduce, alter, 
        or otherwise affect the eligibility or entitlement of a member 
        or former member of the Armed Forces to any health care, 
        disability, or other benefits to which the member of former 
        member would otherwise be eligible or entitled as a veteran 
        under the laws administered by the Secretary of Veterans 
        Affairs.
            (6) Sunset.--The Secretary of Defense may not provide 
        medical or dental care to a member or former member of the 
        Armed Forces under this subsection after December 31, 2012, if 
        the Secretary has not provided medical or dental care to the 
        member or former member under this subsection before that date.
    (b) Recovery of Certain Expenses of Medical Care and Related 
Travel.--
            (1) In general.--Commencing not later than 60 days after 
        the date of the enactment of this Act, the Secretary of the 
        military department concerned may reimburse covered members of 
        the Armed Forces, and former members of the Armed Forces, with 
        a severe injury or illness for covered expenses incurred by 
        such members or former members, or their family members, in 
        connection with the receipt by such members or former members 
        of medical care that is required for such injury or illness.
            (2) Covered expenses.--Expenses for which reimbursement may 
        be made under paragraph (1) include the following:
                    (A) Expenses for health care services for which 
                coverage would be provided under section 1074(c) of 
                title 10, United States Code, for members of the 
                uniformed services on active duty.
                    (B) Expenses of travel of a non-medical attendant 
                who accompanies a member or former member of the Armed 
                Forces for required medical care that is not available 
                to such member or former member locally, if such 
                attendant is appointed for that purpose by a competent 
                medical authority (as determined under regulations 
                prescribed by the Secretary of Defense for purposes of 
                this subsection).
                    (C) Such other expenses for medical care as the 
                Secretary may prescribe for purposes of this 
                subsection.
            (3) Amount of reimbursement.--The amount of reimbursement 
        under paragraph (1) for expenses covered by paragraph (2) shall 
        be determined in accordance with regulations prescribed by the 
        Secretary of Defense for purposes of this subsection.
    (c) Severe Injury or Illness Defined.--In this section, the term 
``severe injury or illness'' means any serious injury or illness that 
is assigned a disability rating of 50 percent or higher under the 
schedule for rating disabilities in use by the Department of Veterans 
Affairs.

              Subtitle B--Care and Services for Dependents

SEC. 211. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR FAMILIES 
              OF MEMBERS OF THE ARMED FORCES RECOVERING FROM SERIOUS 
              INJURIES OR ILLNESSES.

    (a) Urgent and Emergency Medical Care.--
            (1) Eligibility.--A family member of a covered member of 
        the Armed Forces who is not otherwise eligible for medical care 
        at a military medical treatment facility shall be eligible for 
        urgent and emergency medical care and counseling at military 
        medical treatment facilities and medical facilities of the 
        Department of Veterans Affairs if the family member is--
                    (A) on invitational orders while caring for the 
                covered member;
                    (B) a non-medical attendee caring for the covered 
                member; or
                    (C) receiving per diem payments from the Department 
                of Defense while caring for the covered member.
            (2) Specification of family members.--Notwithstanding 
        section 2(4), the Secretary of Defense and the Secretary of 
        Veterans Affairs shall jointly prescribe in regulations the 
        family members of covered members of the Armed Forces who shall 
        be considered to be a family member of a covered member of the 
        Armed Forces for purposes of paragraph (1).
            (3) Specification of care.--(A) The Secretary of Defense 
        shall prescribe in regulations the urgent and emergency medical 
        care and counseling that shall be available to family members 
        under paragraph (1) at military medical treatment facilities.
            (B) The Secretary of Veterans Affairs shall prescribe in 
        regulations the urgent and emergency medical care and 
        counseling that shall be available to family members under 
        paragraph (1) at medical facilities of the Department of 
        Veterans Affairs.
            (4) Recovery of costs.--The United States may recover the 
        costs of the provision of medical care and counseling under 
        paragraph (1) as follows (as applicable):
                    (A) From third-party payers, in the same manner as 
                the United States may collect costs of the charges of 
                health care provided to covered beneficiaries from 
                third-party payers under section 1095 of title 10, 
                United States Code.
                    (B) As if such care and counseling was provided 
                under the authority of section 1784 of title 38, United 
                States Code.
    (b) Job Placement Services.--A family member who is on invitational 
orders or is a non-medical attendee while caring for a covered member 
of the Armed Forces for more than 45 days during a one-year period 
shall be eligible for job placement services otherwise offered by the 
Department of Defense.

 Subtitle C--Traumatic Brain Injury and Post-Traumatic Stress Disorder

SEC. 221. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS, MITIGATION, AND 
              TREATMENT OF TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC 
              STRESS DISORDER IN MEMBERS OF THE ARMED FORCES.

    (a) Plans Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretary of Veterans Affairs, submit to the congressional 
defense committees one or more comprehensive plans for programs and 
activities of the Department of Defense to prevent, diagnose, mitigate, 
treat, and otherwise respond to traumatic brain injury (TBI) and post-
traumatic stress disorder (PTSD) in members of the Armed Forces.
    (b) Elements.--Each plan submitted under subsection (a) shall 
include comprehensive proposals of the Department on the following:
            (1) The designation by the Secretary of Defense of a lead 
        agent or executive agent for the Department to coordinate 
        development and implementation of the plan.
            (2) The improvement of personnel protective equipment for 
        members of the Armed Forces in order to prevent traumatic brain 
        injury.
            (3) The improvement of methods and mechanisms for the 
        detection and treatment of traumatic brain injury and post-
        traumatic stress disorder in members of the Armed Forces in the 
        field.
            (4) The development and deployment of diagnostic criteria 
        for the detection and evaluation of the range of traumatic 
        brain injury and post-traumatic stress disorder in members of 
        the Armed Forces, which criteria shall be employed uniformly 
        across the military departments in all applicable 
        circumstances, including provision of clinical care and 
        assessment of future deployability of members of the Armed 
        Forces.
            (5) The development and deployment of effective means of 
        assessing traumatic brain injury and post-traumatic stress 
        disorder in members of the Armed Forces, including a system of 
        pre-deployment and post-deployment screenings of cognitive 
        ability in members for the detection of cognitive impairment, 
        as required by the amendments made by section 222.
            (6) The development and deployment of effective means of 
        managing and monitoring members of the Armed Forces with 
        traumatic brain injury or post-traumatic stress disorder in the 
        receipt of care for traumatic brain injury or post-traumatic 
        stress disorder, as applicable, including the monitoring and 
        assessment of treatment and outcomes.
            (7) The requirements for research on traumatic brain injury 
        and post-traumatic stress disorder, including (in particular) 
        research on pharmacological approaches to treatment for 
        traumatic brain injury or post-traumatic stress disorder, as 
        applicable, and the allocation of priorities among such 
        research.
            (8) The provision of education and outreach to families of 
        members of the Armed Forces with traumatic brain injury or 
        post-traumatic stress disorder on a range of matters relating 
        to traumatic brain injury or post-traumatic stress disorder, as 
        applicable, including detection, mitigation, and treatment.
            (9) The assessment of the current capabilities of the 
        Department for the prevention, diagnosis, mitigation, 
        treatment, and rehabilitation of traumatic brain injury and 
        post-traumatic stress disorder in members of the Armed Forces.
            (10) The identification of gaps in current capabilities of 
        the Department for the prevention, diagnosis, mitigation, 
        treatment, and rehabilitation of traumatic brain injury and 
        post-traumatic stress disorder in members of the Armed Forces.
            (11) The identification of the resources required for the 
        Department in fiscal years 2009 thru 2013 to address the gaps 
        in capabilities identified under paragraph (10).
            (12) The development of joint planning among the Department 
        of Defense, the military departments, and the Department of 
        Veterans Affairs for the prevention, diagnosis, mitigation, 
        treatment, and rehabilitation of traumatic brain injury and 
        post-traumatic stress disorder in members of the Armed Forces, 
        including planning for the seamless transition of such members 
        from care through the Department of Defense care through the 
        Department of Veterans Affairs.
            (13) A requirement that exposure to a blast or blasts be 
        recorded in the records of members of the Armed Forces.
            (14) The development of clinical practice guidelines for 
        the diagnosis and treatment of blast injuries in members of the 
        Armed Forces, including, but not limited to, traumatic brain 
        injury.
    (c) Coordination in Development.--Each plan submitted under 
subsection (a) shall be developed in coordination with the Secretary of 
the Army (who was designated by the Secretary of Defense as executive 
agent for the prevention, mitigation, and treatment of blast injuries 
under section 256 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)).

SEC. 222. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE 
              ARMED FORCES DEPLOYED OVERSEAS.

    (a) Protocol for Assessment of Cognitive Functioning.--
            (1) Protocol required.--Subsection (b) of section 1074f of 
        title 10, United States Code, is amended--
                    (A) in paragraph (2), by adding at the end the 
                following new subparagraph:
            ``(C) An assessment of post-traumatic stress disorder.''; 
        and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3)(A) The Secretary shall establish for purposes of 
subparagraphs (B) and (C) of paragraph (2) a protocol for the 
predeployment assessment and documentation of the cognitive (including 
memory) functioning of a member who is deployed outside the United 
States in order to facilitate the assessment of the postdeployment 
cognitive (including memory) functioning of the member.
    ``(B) The protocol under subparagraph (A) shall include appropriate 
mechanisms to permit the differential diagnosis of traumatic brain 
injury in members returning from deployment in a combat zone.''.
            (2) Pilot projects.--(A) In developing the protocol 
        required by paragraph (3) of section 1074f(b) of title 10, 
        United States Code (as amended by paragraph (1) of this 
        subsection), for purposes of assessments for traumatic brain 
        injury, the Secretary of Defense shall conduct up to three 
        pilot projects to evaluate various mechanisms for use in the 
        protocol for such purposes. One of the mechanisms to be so 
        evaluated shall be a computer-based assessment tool.
            (B) Not later than 60 days after the completion of the 
        pilot projects conducted under this paragraph, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        on the pilot projects. The report shall include--
                    (i) a description of the pilot projects so 
                conducted;
                    (ii) an assessment of the results of each such 
                pilot project; and
                    (iii) a description of any mechanisms evaluated 
                under each such pilot project that will incorporated 
                into the protocol.
            (C) There is hereby authorized to be appropriated to the 
        Department of Defense, $3,000,000 for the pilot projects 
        authorized by this paragraph. Of the amount so authorized to be 
        appropriated, not more than $1,000,000 shall be available for 
        any particular pilot project.
    (b) Quality Assurance.--Subsection (d)(2) of section 1074f of title 
10, United States Code, is amended by adding at the end the following 
new subparagraph:
            ``(F) The diagnosis and treatment of traumatic brain injury 
        and post-traumatic stress disorder.''.
    (c) Standards for Deployment.--Subsection (f) of such section is 
amended--
            (1) in the subsection heading, by striking ``Mental 
        Health''; and
            (2) in paragraph (2)(B), by striking ``or'' and inserting 
        ``, traumatic brain injury, or''.

SEC. 223. CENTERS OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS, 
              MITIGATION, TREATMENT, AND REHABILITATION OF TRAUMATIC 
              BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER.

    (a) Center of Excellence on Traumatic Brain Injury.--Chapter 55 of 
title 10, United States Code, is amended by inserting after section 
1105 the following new section:
``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, 
              Mitigation, Treatment, and Rehabilitation of Traumatic 
              Brain Injury
    ``(a) In General.--The Secretary of Defense shall establish within 
the Department of Defense a center of excellence in the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of traumatic brain 
injury (TBI), including mild, moderate, and severe traumatic brain 
injury, to carry out the responsibilities specified in subsection (c). 
The center shall be known as a `Center of Excellence in Prevention, 
Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain 
Injury'.
    ``(b) Partnerships.--The Secretary shall authorize the Center to 
enter into such partnerships, agreements, or other arrangements as the 
Secretary considers appropriate with the Department of Veterans 
Affairs, institutions of higher education, and other appropriate public 
and private entities (including international entities) to carry out 
the responsibilities specified in subsection (c).
    ``(c) Responsibilities.--The Center shall have responsibilities as 
follows:
            ``(1) To direct and oversee, based on expert research, the 
        development and implementation of a long-term, comprehensive 
        plan and strategy for the Department of Defense for the 
        prevention, diagnosis, mitigation, treatment, and 
        rehabilitation of traumatic brain injury.
            ``(2) To provide for the development, testing, and 
        dissemination within the Department of best practices for the 
        treatment of traumatic brain injury.
            ``(3) To provide guidance for the mental health system of 
        the Department in determining the mental health and 
        neurological health personnel required to provide quality 
        mental health care for members of the armed forces with 
        traumatic brain injury.
            ``(4) To establish, implement, and oversee a comprehensive 
        program to train mental health and neurological health 
        professionals of the Department in the treatment of traumatic 
        brain injury.
            ``(5) To facilitate advancements in the study of the short-
        term and long-term psychological effects of traumatic brain 
        injury.
            ``(6) To disseminate within the military medical treatment 
        facilities of the Department best practices for training mental 
        health professionals, including neurological health 
        professionals, with respect to traumatic brain injury.
            ``(7) To conduct basic science and translational research 
        on traumatic brain injury for the purposes of understanding the 
        etiology of traumatic brain injury and developing preventive 
        interventions and new treatments.
            ``(8) To develop outreach strategies and treatments for 
        families of members of the armed forces with traumatic brain 
        injury in order to mitigate the negative impacts of traumatic 
        brain injury on such family members and to support the recovery 
        of such members from traumatic brain injury.
            ``(9) To conduct research on the unique mental health needs 
        of women members of the armed forces with traumatic brain 
        injury and develop treatments to meet any needs identified 
        through such research.
            ``(10) To conduct research on the unique mental health 
        needs of ethnic minority members of the armed forces with 
        traumatic brain injury and develop treatments to meet any needs 
        identified through such research.
            ``(11) To conduct research on the mental health needs of 
        families of members of the armed forces with traumatic brain 
        injury and develop treatments to meet any needs identified 
        through such research.
            ``(12) To develop and oversee a long-term plan to increase 
        the number of mental health and neurological health 
        professionals within the Department in order to facilitate the 
        meeting by the Department of the needs of members of the armed 
        forces with traumatic brain injury until their transition to 
        care and treatment from the Department of Veterans Affairs.
            ``(13) Such other responsibilities as the Secretary shall 
        specify.''.
    (b) Center of Excellence on Post-Traumatic Stress Disorder.--
Chapter 55 of such title is further amended by inserting after section 
1105a, as added by subsection (a), the following new section:
``Sec. 1105b. Center of Excellence in Prevention, Diagnosis, 
              Mitigation, Treatment, and Rehabilitation of Post-
              Traumatic Stress Disorder
    ``(a) In General.--The Secretary of Defense shall establish within 
the Department of Defense a center of excellence in the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of post-traumatic 
stress disorder (PTSD), including mild, moderate, and severe post-
traumatic stress disorder, to carry out the responsibilities specified 
in subsection (c). The center shall be known as a `Center of Excellence 
in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of 
Post-Traumatic Stress Disorder'.
    ``(b) Partnerships.--The Secretary shall authorize the Center to 
enter into such partnerships, agreements, or other arrangements as the 
Secretary considers appropriate with the National Center for Post-
Traumatic Stress Disorder of the Department of Veterans Affairs, 
institutions of higher education, and other appropriate public and 
private entities (including international entities) to carry out the 
responsibilities specified in subsection (c).
    ``(c) Responsibilities.--The Center shall have responsibilities as 
follows:
            ``(1) To direct and oversee, based on expert research, the 
        development and implementation of a long-term, comprehensive 
        plan and strategy for the Department of Defense for the 
        prevention, diagnosis, mitigation, treatment, and 
        rehabilitation of post-traumatic stress disorder.
            ``(2) To provide for the development, testing, and 
        dissemination within the Department of best practices for the 
        treatment of post-traumatic stress disorder.
            ``(3) To provide guidance for the mental health system of 
        the Department in determining the mental health and 
        neurological health personnel required to provide quality 
        mental health care for members of the armed forces with post-
        traumatic stress disorder.
            ``(4) To establish, implement, and oversee a comprehensive 
        program to train mental health and neurological health 
        professionals of the Department in the treatment of post-
        traumatic stress disorder.
            ``(5) To facilitate advancements in the study of the short-
        term and long-term psychological effects of post-traumatic 
        stress disorder.
            ``(6) To disseminate within the military medical treatment 
        facilities of the Department best practices for training mental 
        health professionals, including neurological health 
        professionals, with respect to post-traumatic stress disorder.
            ``(7) To conduct basic science and translational research 
        on post-traumatic stress disorder for the purposes of 
        understanding the etiology of post-traumatic stress disorder 
        and developing preventive interventions and new treatments.
            ``(8) To develop outreach strategies and treatments for 
        families of members of the armed forces with post-traumatic 
        stress disorder in order to mitigate the negative impacts of 
        traumatic brain injury on such family members and to support 
        the recovery of such members from post-traumatic stress 
        disorder.
            ``(9) To conduct research on the unique mental health needs 
        of women members of the armed forces, including victims of 
        sexual assault, with post-traumatic stress disorder and develop 
        treatments to meet any needs identified through such research.
            ``(10) To conduct research on the unique mental health 
        needs of ethnic minority members of the armed forces with post-
        traumatic stress disorder and develop treatments to meet any 
        needs identified through such research.
            ``(11) To conduct research on the mental health needs of 
        families of members of the armed forces with post-traumatic 
        stress disorder and develop treatments to meet any needs 
        identified through such research.
            ``(12) To develop and oversee a long-term plan to increase 
        the number of mental health and neurological health 
        professionals within the Department in order to facilitate the 
        meeting by the Department of the needs of members of the armed 
        forces with post-traumatic stress disorder until their 
        transition to care and treatment from the Department of 
        Veterans Affairs.
            ``(13) Such other responsibilities as the Secretary shall 
        specify.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by inserting after the item 
relating to section 1105 the following new items:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, 
                            Treatment, and Rehabilitation of Traumatic 
                            Brain Injury.
``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, 
                            Treatment, and Rehabilitation of Post-
                            Traumatic Stress Disorder.''.
    (d) Report on Establishment.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the establishment of the Center of 
Excellence in Prevention, Diagnosis, Mitigation, Treatment, and 
Rehabilitation of Traumatic Brain Injury required by section 1105a of 
title 10, United States Code (as added by subsection (a)), and the 
establishment of the Center of Excellence in Prevention, Diagnosis, 
Mitigation, Treatment, and Rehabilitation of Post-Traumatic Stress 
Disorder required by section 1105b of title 10, United States Code (as 
added by subsection (b)). The report shall, for each such Center--
            (1) describe in detail the activities and proposed 
        activities of such Center; and
            (2) assess the progress of such Center in discharging the 
        responsibilities of such Center.
    (e) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for fiscal year 2008 for the Department of Defense for 
Defense Health Program, $10,000,000, of which--
            (1) $5,000,000 shall be available for the Center of 
        Excellence in Prevention, Diagnosis, Mitigation, Treatment, and 
        Rehabilitation of Traumatic Brain Injury required by section 
        1105a of title 10, United States Code; and
            (2) $5,000,000 shall be available for the Center of 
        Excellence in Prevention, Diagnosis, Mitigation, Treatment, and 
        Rehabilitation of Post-Traumatic Stress Disorder required by 
        section 1105b of title 10, United States Code.

SEC. 224. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND REHABILITATION 
              OF MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN 
              INJURY OR POST-TRAUMATIC STRESS DISORDER.

    (a) Authorization of Appropriations.--
            (1) In general.--Funds are hereby authorized to be 
        appropriated for fiscal year 2008 for the Department of Defense 
        for Defense Health Program in the amount of $50,000,000, with 
        such amount to be available for activities as follows:
                    (A) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with traumatic brain injury (TBI).
                    (B) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with post-traumatic stress disorder (PTSD).
            (2) Availability of amount.--Of the amount authorized to be 
        appropriated by paragraph (1), $17,000,000 shall be available 
        for the Defense and Veterans Brain Injury Center of the 
        Department of Defense.
    (b) Supplement Not Supplant.--The amount authorized to be 
appropriated by subsection (a) for Defense Health Program is in 
addition to any other amounts authorized to be appropriated by this Act 
for Defense Health Program.

SEC. 225. REPORTS.

    (a) Reports on Implementation of Certain Requirements.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees a 
report describing the progress in implementing the requirements as 
follows:
            (1) The requirements of section 721 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 120 Stat. 2294), relating to a longitudinal study 
        on traumatic brain injury incurred by members of the Armed 
        Forces in Operation Iraqi Freedom and Operation Enduring 
        Freedom.
            (2) The requirements arising from the amendments made by 
        section 738 of the John Warner National Defense Authorization 
        Act for Fiscal Year 2007 (120 Stat. 2303), relating to enhanced 
        mental health screening and services for members of the Armed 
        Forces.
            (3) The requirements of section 741 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (120 
        Stat. 2304), relating to pilot projects on early diagnosis and 
        treatment of post-traumatic stress disorder and other mental 
        health conditions.
    (b) Annual Reports on Expenditures for Activities on Tbi and 
Ptsd.--
            (1) Reports required.--Not later than March 1, 2008, and 
        each year thereafter, the Secretary of Defense shall submit to 
        the congressional defense committees a report setting forth the 
        amounts expended by the Department of Defense during the 
        preceding calendar year on activities described in paragraph 
        (2), including the amount allocated during such calendar year 
        to the Defense and Veterans Brain Injury Center of the 
        Department.
            (2) Covered activities.--The activities described in this 
        paragraph are activities as follows:
                    (A) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with traumatic brain injury (TBI).
                    (B) Activities relating to the improved diagnosis, 
                treatment, and rehabilitation of members of the Armed 
                Forces with post-traumatic stress disorder (PTSD).
            (3) Elements.--Each report under paragraph (1) shall 
        include--
                    (A) a description of the amounts expended as 
                described in that paragraph, including a description of 
                the activities for which expended;
                    (B) a description and assessment of the outcome of 
                such activities;
                    (C) a statement of priorities of the Department in 
                activities relating to the prevention, diagnosis, 
                research, treatment, and rehabilitation of traumatic 
                brain injury in members of the Armed Forces during the 
                year in which such report is submitted and in future 
                calendar years; and
                    (D) a statement of priorities of the Department in 
                activities relating to the prevention, diagnosis, 
                research, treatment, and rehabilitation of post-
                traumatic stress disorder in members of the Armed 
                Forces during the year in which such report is 
                submitted and in future calendar years.

                       Subtitle D--Other Matters

SEC. 231. JOINT ELECTRONIC HEALTH RECORD FOR THE DEPARTMENT OF DEFENSE 
              AND DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly--
            (1) develop and implement a joint electronic health record 
        for use by the Department of Defense and the Department of 
        Veterans Affairs; and
            (2) accelerate the exchange of health care information 
        between the Department of Defense and the Department of 
        Veterans Affairs in order to support the delivery of health 
        care by both Departments.
    (b) Department of Defense-Department of Veterans Affairs 
Interagency Program Office for a Joint Electronic Health Record.--
            (1) In general.--There is hereby established a joint 
        element of the Department of Defense and the Department of 
        Veterans Affairs to be known as the ``Department of Defense-
        Department of Veterans Affairs Interagency Program Office for a 
        Joint Electronic Health Record'' (in this section referred to 
        as the ``Office'').
            (2) Purposes.--The purposes of the Office shall be as 
        follows:
                    (A) To act as a single point of accountability for 
                the Department of Defense and the Department of 
                Veterans Affairs in the rapid development, test, and 
                implementation of a joint electronic health record for 
                use by the Department of Defense and the Department of 
                Veterans Affairs.
                    (B) To accelerate the exchange of health care 
                information between Department of Defense and the 
                Department of Veterans Affairs in order to support the 
                delivery of health care by both Departments.
    (c) Leadership.--
            (1) Director.--The Director of the Department of Defense-
        Department of Veterans Affairs Interagency Program Office for a 
        Joint Electronic Health Record shall be the head of the Office.
            (2) Deputy director.--The Deputy Director of the Department 
        of Defense-Department of Veterans Affairs Interagency Program 
        Office for a Joint Electronic Health Record shall be the deputy 
        head of the office and shall assist the Director in carrying 
        out the duties of the Director.
            (3) Appointments.--(A) The Director shall be appointed by 
        the Secretary of Defense, with the concurrence of the Secretary 
        of Veterans Affairs, from among employees of the Department of 
        Defense and the Department of Veterans Affairs in the Senior 
        Executive Service who are qualified to direct the development 
        and acquisition of major information technology capabilities.
            (B) The Deputy Director shall be appointed by the Secretary 
        of Veterans Affairs, with the concurrence of the Secretary of 
        Defense, from among employees of the Department of Defense and 
        the Department of Veterans Affairs in the Senior Executive 
        Service who are qualified to direct the development and 
        acquisition of major information technology capabilities.
            (4) Additional guidance.--In addition to the direction, 
        supervision, and control provided by the Secretary of Defense 
        and the Secretary of Veterans Affairs, the Office shall also 
        receive guidance from the Department of Veterans Affairs-
        Department of Defense Joint Executive Committee under section 
        320 of title 38, United States Code, in the discharge of the 
        functions of the Office under this section.
            (5) Testimony.--Upon request by any of the appropriate 
        committees of Congress, the Director and the Deputy Director 
        shall testify before such committee regarding the discharge of 
        the functions of the Office under this section.
    (d) Function.--The function of the Office shall be to develop and 
prepare for deployment, by not later than September 30, 2010, a joint 
electronic health record to be utilized by both the Department of 
Defense and the Department of Veterans Affairs in the provision of 
medical care and treatment to members of the Armed Forces and veterans.
    (e) Schedules and Benchmarks.--Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense and the 
Secretary of Veterans Affairs shall jointly establish a schedule and 
benchmarks for the discharge by the Office of its function under this 
section, including each of the following:
            (1) A schedule for the establishment of the Office.
            (2) A schedule and deadline for the establishment of the 
        requirements for the joint electronic health record described 
        in subsection (d).
            (3) A schedule and associated deadlines for any acquisition 
        and testing required in the development and deployment of the 
        joint electronic health record.
            (4) A schedule and associated deadlines and requirements 
        for the deployment of the joint electronic health record.
            (5) Proposed funding for the Office for each of fiscal 
        years 2009 through 2013 for the discharge of its function.
    (f) Pilot Projects.--
            (1) Authority.--In order to assist the Office in the 
        discharge of its function under this section, the Secretary of 
        Defense and the Secretary of Veterans Affairs may, acting 
        jointly, carry out one or more pilot projects to assess the 
        feasability and advisability of various technological 
        approaches to the achievement of the joint electronic health 
        record described in subsection (d).
            (2) Treatment as single health care system.--For purposes 
        of each pilot project carried out under this subsection, the 
        health care system of the Department of Defense and the health 
        care system of the Department of Veterans Affairs shall be 
        treated as a single health care system for purposes of the 
        regulations promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
        1320d-2 note).
    (g) Staff and Other Resources.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall assign to the Office such personnel 
        and other resources of the Department of Defense and the 
        Department of Veterans Affairs as are required for the 
        discharge of its function under this section.
            (2) Additional services.--Subject to the approval of the 
        Secretary of Defense and the Secretary of Veterans Affairs, the 
        Director may utilize the services of private individuals and 
        entities as consultants to the Office in the discharge of its 
        function under this section. Amounts available to the Office 
        shall be available for payment for such services.
    (h) Annual Reports.--
            (1) In general.--Not later than January 1, 2009, and each 
        year thereafter through 2014, the Director shall submit to the 
        Secretary of Defense and the Secretary of Veterans Affairs, and 
        to the appropriate committees of Congress, a report on the 
        activities of the Office during the preceding calendar year. 
        Each report shall include, for the year covered by such report, 
        the following:
                    (A) A detailed description of the activities of the 
                Office, including a detailed description of the amounts 
                expended and the purposes for which expended.
                    (B) An assessment of the progress made by the 
                Department of Defense and the Department of Veterans 
                Affairs in the development and implementation of the 
                joint electronic health record described in subsection 
                (d).
            (2) Availability to public.--The Secretary of Defense and 
        the Secretary of Veterans Affairs shall make available to the 
        public each report submitted under paragraph (1), including by 
        posting such report on the Internet website of the Department 
        of Defense and the Department of Veterans Affairs, 
        respectively, that is available to the public.
    (i) Comptroller General Assessment of Implementation.--Not later 
than six months after the date of the enactment of this Act and every 
six months thereafter until the completion of the implementation of the 
joint electronic health record described in subsection (d), the 
Comptroller General of the United States shall submit to the 
appropriate committees of Congress a report setting forth the 
assessment of the Comptroller General of the progress of the Department 
of Defense and the Department of Veterans Affairs in developing and 
implementing the joint electronic health record.
    (j) Funding.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall each contribute equally to the costs 
        of the Office in fiscal year 2008 and fiscal years thereafter. 
        The amount so contributed by each Secretary in fiscal year 2008 
        shall be up to $10,000,000.
            (2) Source of funds.--(A) Amounts contributed by the 
        Secretary of Defense under paragraph (1) shall be derived from 
        amounts authorized to be appropriated for the Department of 
        Defense for the Defense Health Program and available for 
        program management and technology resources.
            (B) Amounts contributed by the Secretary of Veterans 
        Affairs under paragraph (1) shall be derived from amounts 
        authorized to be appropriated for the Department of Veterans 
        Affairs for Medical Care and available for program management 
        and technology resources.
    (k) Joint Electronic Health Record Defined.--In this section, the 
term ``joint electronic health record'' means a single system that 
includes patient information across the continuum of medical care, 
including inpatient care, outpatient care, pharmacy care, patient 
safety, and rehabilitative care.

SEC. 232. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE 
              FOR HEALTH CARE PROFESSIONALS FOR CARE AND TREATMENT OF 
              WOUNDED AND INJURED MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 1599c of title 10, United States Code, is 
amended to read as follows:
``Sec. 1599c. Health care professionals: enhanced appointment and 
              compensation authority for personnel for care and 
              treatment of wounded and injured members of the armed 
              forces
    ``The Secretary of Defense may, in the discretion of the Secretary, 
exercise any authority for the appointment and pay of health care 
personnel under chapter 74 of title 38 for purposes of the recruitment, 
employment, and retention of civilian health care professionals for the 
Department of Defense if the Secretary determines that the exercise of 
such authority is necessary in order to provide or enhance the capacity 
of the Department to provide care and treatment for members of the 
armed forces who are wounded or injured on active duty in the armed 
forces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title is amended by striking the item relating to 
section 1599c and inserting the following new item:

``1599c. Health care professionals: enhanced appointment and 
                            compensation authority for personnel for 
                            care and treatment of wounded and injured 
                            members of the armed forces.''.

SEC. 233. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Recommendations on Means of Addressing Shortages.--
            (1) Report.--Not later than 45 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report setting forth the recommendations of 
        the Secretary for such legislative or administrative actions as 
        the Secretary considers appropriate to address current 
        personnel shortages in the mental health workforce of the 
        Department of Defense.
            (2) Elements.--The report required by paragraph (1) shall 
        address the following:
                    (A) Enhancements or improvements of financial 
                incentives for personnel in the mental health workforce 
                of the Department of Defense in order to enhance the 
                recruitment and retention of such personnel, including 
                recruitment, accession, or retention bonuses and 
                scholarship, tuition, and other financial assistance.
                    (B) Modifications of service obligations of 
                personnel in the mental health workforce.
                    (C) Such other matters as the Secretary considers 
                appropriate.
    (b) Recruitment.--Commencing not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall implement 
programs to recruit qualified individuals in mental health fields to 
serve in the Armed Forces as mental health personnel of the Armed 
Forces.

                     TITLE III--DISABILITY MATTERS

                   Subtitle A--Disability Evaluations

SEC. 301. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND CONDITION IN 
              ESTABLISHING ELIGIBILITY OF MEMBERS OF THE ARMED FORCES 
              FOR RETIREMENT FOR DISABILITY.

    (a) Retirement of Regulars and Members on Active Duty for More Than 
30 Days.--Clause (i) of section 1201(b)(3)(A) of title 10, United 
States Code, is amended to read as follows:
                            ``(i) the member has six months or more of 
                        active military service and the disability was 
                        not noted at the time of the member's entrance 
                        on active duty (unless compelling evidence or 
                        medical judgment is such to warrant a finding 
                        that the disability existed before the member's 
                        entrance on active duty);''.
    (b) Separation of Regulars and Members on Active Duty for More Than 
30 Days.--Section 1203(b)(4)(B) of such title is amended by striking 
``and the member has at least eight years of service computed under 
section 1208 of this title'' and inserting ``, the member has six 
months or more of active military service, and the disability was not 
noted at the time of the member's entrance on active duty (unless 
evidence or medical judgment is such to warrant a finding that the 
disability existed before the member's entrance on active duty)''.

SEC. 302. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF DEFENSE 
              DETERMINATIONS OF DISABILITY WITH RESPECT TO MEMBERS OF 
              THE ARMED FORCES.

    (a) In General.--Chapter 61 of title 10, United States Code, is 
amended by inserting after section 1216 the following new section:
``Sec. 1216a. Determinations of disability: requirements and 
              limitations on determinations
    ``(a) Utilization of VA Schedule for Rating Disabilities in 
Determinations of Disability.--(1) In making a determination of 
disability of a member of the armed forces for purposes of this 
chapter, the Secretary concerned--
            ``(A) shall, to the extent feasible, utilize the schedule 
        for rating disabilities in use by the Department of Veterans 
        Affairs, including any applicable interpretation of the 
        schedule by the United States Court of Appeals for Veterans 
        Claims; and
            ``(B) except as provided in paragraph (2), may not deviate 
        from the schedule or any such interpretation of the schedule.
    ``(2) In making a determination described in paragraph (1), the 
Secretary concerned may utilize in lieu of the schedule described in 
that paragraph such criteria as the Secretary of Defense and the 
Secretary of Veterans Affairs may jointly prescribe for purposes of 
this subsection if the utilization of such criteria will result in a 
determination of a greater percentage of disability than would be 
otherwise determined through the utilization of the schedule.
    ``(b) Consideration of All Medical Conditions.--In making a 
determination of the rating of disability of a member of the armed 
forces for purposes of this chapter, the Secretary concerned shall take 
into account all medical conditions, whether individually or 
collectively, that render the member unfit to perform the duties of the 
member's office, grade, rank, or rating.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 61 of such title is amended by inserting after the item 
relating to section 1216 the following new item:

``1216a. Determinations of disability: requirements and limitations on 
                            determinations.''.

SEC. 303. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES SEPARATED 
              FROM SERVICE WITH A DISABILITY RATING OF 20 PERCENT 
              DISABLED OR LESS.

    (a) Board Required.--
            (1) In general.--Chapter 79 of title 10, United States 
        Code, is amended by inserting after section 1554 adding the 
        following new section:
``Sec. 1554a. Review of separation with disability rating of 20 percent 
              disabled or less
    ``(a) In General.--(1) The Secretary of Defense shall establish 
within the Office of the Secretary of Defense a board of review to 
review the disability determinations of covered individuals by Physical 
Evaluation Boards. The board shall be known as the `Physical Disability 
Board of Review'.
    ``(2) The Board shall consist of not less than three members 
appointed by the Secretary.
    ``(b) Covered Individuals.--For purposes of this section, covered 
individuals are members and former members of the armed forces who, 
during the period beginning on September 11, 2001, and ending on 
December 31, 2009--
            ``(1) are separated from the armed forces due to unfitness 
        for duty due to a medical condition with a disability rating of 
        20 percent disabled or less; and
            ``(2) are found to be not eligible for retirement.
    ``(c) Review.--(1) Upon its own motion, or upon the request of a 
covered individual, or a surviving spouse, next of kin, or legal 
representative of a covered individual, the Board shall review the 
findings and decisions of the Physical Evaluation Board with respect to 
such covered individual.
    ``(2) The review by the Board under paragraph (1) shall be based on 
the records of the armed force concerned and such other evidence as may 
be presented to the Board. A witness may present evidence to the Board 
by affidavit or by any other means considered acceptable by the 
Secretary of Defense.
    ``(d) Authorized Recommendations.--The Board may, as a result of 
its findings under a review under subsection (c), recommend to the 
Secretary concerned the following (as applicable) with respect to a 
covered individual:
            ``(1) No recharacterization of the separation of such 
        individual or modification of the disability rating previously 
        assigned such individual.
            ``(2) The recharacterization of the separation of such 
        individual to retirement for disability.
            ``(3) The modification of the disability rating previously 
        assigned such individual by the Physical Evaluation Board 
        concerned.
            ``(4) The issuance of a new disability rating for such 
        individual.
    ``(e) Correction of Military Records.--(1) The Secretary concerned 
may correct the military records of a covered individual in accordance 
with a recommendation made by the Board under subsection (d). Any such 
correction may be made effective as of the effective date of the action 
taken on the report of the Physical Evaluation Board to which such 
recommendation relates.
    ``(2) In the case of a member previously separated pursuant to the 
findings and decision of a Physical Evaluation Board together with a 
lump-sum or other payment of back pay and allowances at separation, the 
amount of pay or other monetary benefits to which such member would be 
entitled based on the member's military record as corrected shall be 
reduced to take into account receipt of such lump-sum or other payment 
in such manner as the Secretary of Defense considers appropriate.
    ``(3) If the Board makes a recommendation not to correct the 
military records of a covered individual, the action taken on the 
report of the Physical Evaluation Board to which such recommendation 
relates shall be treated as final as of the date of such action.
    ``(f) Regulations.--(1) This section shall be carried out in 
accordance with regulations prescribed by the Secretary of Defense.
    ``(2) The regulations under paragraph (1) shall specify the effect 
of a determination or pending determination of a Physical Evaluation 
Board on considerations by boards for correction of military records 
under section 1552 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 79 of such title is amended by inserting 
        after the item relating to section 1554 the following new item:

``1554a. Review of separation with disability rating of 20 percent 
                            disabled or less.''.
    (b) Implementation.--The Secretary of Defense shall establish the 
board of review required by section 1554a of title 10, United States 
Code (as added by subsection (a)), and prescribe the regulations 
required by such section, not later than 90 days after the date of the 
enactment of this Act.

SEC. 304. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY EVALUATION 
              SYSTEM FOR MEMBERS OF THE ARMED FORCES.

    (a) Pilot Programs.--
            (1) In general.--The Secretary of Defense shall, in 
        consultation with the Secretary of Veterans Affairs, carry out 
        pilot programs with respect to the disability evaluation system 
        of the Department of Defense for the purpose set forth in 
        subsection (d).
            (2) Required pilot programs.--In carrying out this section, 
        the Secretary of Defense shall carry out the pilot programs 
        described in paragraphs (1) through (3) of subsection (c). Each 
        such pilot program shall be implemented not later than 90 days 
        after the date of the enactment of this Act.
            (3) Authorized pilot programs.--In carrying out this 
        section, the Secretary of Defense may carry out such other 
        pilot programs as the Secretary of Defense, in consultation 
        with the Secretary of Veterans Affairs, considers appropriate.
    (b) Disability Evaluation System of the Department of Defense.--For 
purposes of this section, the disability evaluation system of the 
Department of Defense is the system of the Department for the 
evaluation of the disabilities of members of the Armed Forces who are 
being separated or retired from the Armed Forces for disability under 
chapter 61 of title 10, United States Code.
    (c) Scope of Pilot Programs.--
            (1) Disability determinations by dod utilizing va assigned 
        disability rating.--Under one of the pilot programs under 
        subsection (a), for purposes of making a determination of 
        disability of a member of the Armed Forces under section 
        1201(b) of title 10, United States Code, for the retirement, 
        separation, or placement of the member on the temporary 
        disability retired list under chapter 61 of such title, upon a 
        determination by the Secretary of the military department 
        concerned that the member is unfit to perform the duties of the 
        member's office, grade, rank, or rating because of a physical 
        disability as described in section 1201(a) of such title--
                    (A) the Secretary of Veterans Affairs shall--
                            (i) conduct an evaluation of the member for 
                        physical disability; and
                            (ii) assign the member a rating of 
                        disability in accordance with the schedule for 
                        rating disabilities utilized by the Secretary 
                        of Veterans Affairs based on all medical 
                        conditions (whether individually or 
                        collectively) that render the member unfit for 
                        duty; and
                    (B) the Secretary of the military department 
                concerned shall make the determination of disability 
                regarding the member utilizing the rating of disability 
                assigned under subparagraph (A)(ii).
            (2) Disability determinations utilizing joint dod/va 
        assigned disability rating.--Under one of the pilot programs 
        under subsection (a), in making a determination of disability 
        of a member of the Armed Forces under section 1201(b) of title 
        10, United States Code, for the retirement, separation, or 
        placement of the member on the temporary disability retired 
        list under chapter 61 of such title, the Secretary of the 
        military department concerned shall, upon determining that the 
        member is unfit to perform the duties of the member's office, 
        grade, rank, or rating because of a physical disability as 
        described in section 1201(a) of such title--
                    (A) provide for the joint evaluation of the member 
                for disability by the Secretary of the military 
                department concerned and the Secretary of Veterans 
                Affairs, including the assignment of a rating of 
                disability for the member in accordance with the 
                schedule for rating disabilities utilized by the 
                Secretary of Veterans Affairs based on all medical 
                conditions (whether individually or collectively) that 
                render the member unfit for duty; and
                    (B) make the determination of disability regarding 
                the member utilizing the rating of disability assigned 
                under subparagraph (A).
            (3) Electronic clearing house.--Under one of the pilot 
        programs, the Secretary of Defense shall establish and operate 
        a single Internet website for the disability evaluation system 
        of the Department of Defense that enables participating members 
        of the Armed Forces to fully utilize such system through the 
        Internet, with such Internet website to include the following:
                    (A) The availability of any forms required for the 
                utilization of the disability evaluation system by 
                members of the Armed Forces under the system.
                    (B) Secure mechanisms for the submission of such 
                forms by members of the Armed Forces under the system, 
                and for the tracking of the acceptance and review of 
                any forms so submitted.
                    (C) Secure mechanisms for advising members of the 
                Armed Forces under the system of any additional 
                information, forms, or other items that are required 
                for the acceptance and review of any forms so 
                submitted.
                    (D) The continuous availability of assistance to 
                members of the Armed Forces under the system (including 
                assistance through the caseworkers assigned to such 
                members of the Armed Forces) in submitting and tracking 
                such forms, including assistance in obtaining 
                information, forms, or other items described by 
                subparagraph (C).
                    (E) Secure mechanisms to request and receive 
                personnel files or other personnel records of members 
                of the Armed Forces under the system that are required 
                for submission under the disability evaluation system, 
                including the capability to track requests for such 
                files or records and to determine the status of such 
                requests and of responses to such requests.
            (4) Other pilot programs.--Under any pilot program carried 
        out by the Secretary of Defense under subsection (a)(3), the 
        Secretary shall provide for the development, evaluation, and 
        identification of such practices and procedures under the 
        disability evaluation system of the Department of Defense as 
        the Secretary considers appropriate for purpose set forth in 
        subsection (d).
    (d) Purpose.--The purpose of each pilot program under subsection 
(a) shall be--
            (1) to provide for the development, evaluation, and 
        identification of revised and improved practices and procedures 
        under the disability evaluation system of the Department of 
        Defense in order to--
                    (A) reduce the processing time under the disability 
                evaluation system of members of the Armed Forces who 
                are likely to be retired or separated for disability, 
                and who have not requested continuation on active duty, 
                including, in particular, members who are severely 
                wounded;
                    (B) identify and implement or seek the modification 
                of statutory or administrative policies and 
                requirements applicable to the disability evaluation 
                system that--
                            (i) are unnecessary or contrary to 
                        applicable best practices of civilian employers 
                        and civilian healthcare systems; or
                            (ii) otherwise result in hardship, 
                        arbitrary, or inconsistent outcomes for members 
                        of the Armed Forces, or unwarranted 
                        inefficiencies and delays;
                    (C) eliminate material variations in policies, 
                interpretations, and overall performance standards 
                among the military departments under the disability 
                evaluation system; and
                    (D) determine whether it enhances the capability of 
                the Department of Veterans Affairs to receive and 
                determine claims from members of the Armed Forces for 
                compensation, pension, hospitalization, or other 
                veterans benefits; and
            (2) in conjunction with the findings and recommendations of 
        applicable Presidential and Department of Defense study groups, 
        to provide for the eventual development of revised and improved 
        practices and procedures for the disability evaluation system 
        in order to achieve the objectives set forth in paragraph (1).
    (e) Utilization of Results in Updates of Comprehensive Policy on 
Care, Management, and Transition of Covered Servicemembers.--The 
Secretary of Defense and the Secretary of Veterans Affairs shall 
jointly incorporate responses to any findings and recommendations 
arising under the pilot programs required by subsection (a) in updating 
the comprehensive policy on the care and management of covered 
servicemembers under section 101.
    (f) Construction With Other Authorities.--
            (1) In general.--Subject to paragraph (2), in carrying out 
        a pilot program under subsection (a)--
                    (A) the rules and regulations of the Department of 
                Defense and the Department of Veterans Affairs relating 
                to methods of determining fitness or unfitness for duty 
                and disability ratings for members of the Armed Forces 
                shall apply to the pilot program only to the extent 
                provided in the report on the pilot program under 
                subsection (h)(1); and
                    (B) the Secretary of Defense and the Secretary of 
                Veterans Affairs may waive any provision of title 10, 
                37, or 38, United States Code, relating to methods of 
                determining fitness or unfitness for duty and 
                disability ratings for members of the Armed Forces if 
                the Secretaries determine in writing that the 
                application of such provision would be inconsistent 
                with the purpose of the pilot program.
            (2) Limitation.--Nothing in paragraph (1) shall be 
        construed to authorize the waiver of any provision of section 
        1216a of title 10, United States Code, as added by section 302 
        of this Act.
    (g) Duration.--Each pilot program under subsection (a) shall be 
completed not later than one year after the date of the commencement of 
such pilot program under that subsection.
    (h) Reports.--
            (1) Initial report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the appropriate committees of Congress a report on 
        the pilot programs under subsection (a). The report shall 
        include--
                    (A) a description of the scope and objectives of 
                each pilot program;
                    (B) a description of the methodology to be used 
                under such pilot program to ensure rapid identification 
                under such pilot program of revised or improved 
                practices under the disability evaluation system of the 
                Department of Defense in order to achieve the 
                objectives set forth in subsection (d)(1); and
                    (C) a statement of any provision described in 
                subsection (f)(1)(B) that shall not apply to the pilot 
                program by reason of a waiver under that subsection.
            (2) Interim report.--Not later than 150 days after the date 
        of the submittal of the report required by paragraph (1), the 
        Secretary shall submit to the appropriate committees of 
        Congress a report describing the current status of such pilot 
        program.
            (3) Final report.--Not later than 90 days after the 
        completion of all the pilot programs described in paragraphs 
        (1) through (3) of subsection (c), the Secretary shall submit 
        to the appropriate committees of Congress a report setting 
        forth a final evaluation and assessment of such pilot programs. 
        The report shall include such recommendations for legislative 
        or administrative action as the Secretary considers appropriate 
        in light of such pilot programs.

SEC. 305. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN 
              THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM.

    (a) Reports Required.--Not later than 30 days after the date of the 
enactment of this Act, and every 120 days thereafter until March 1, 
2009, the Secretary of Defense shall submit to the congressional 
defense committees a report on the implementation of corrective 
measures by the Department of Defense with respect to the Physical 
Disability Evaluation System (PDES) in response to the following:
            (1) The report of the Inspector General of the Army on that 
        system of March 6, 2007.
            (2) The report of the Independent Review Group on 
        Rehabilitation Care and Administrative Processes at Walter Reed 
        Army Medical Center and National Naval Medical Center.
            (3) The report of the Department of Veterans Affairs Task 
        Force on Returning Global War on Terror Heroes.
    (b) Elements of Report.--Each report under subsection (a) shall 
include current information on the following:
            (1) The total number of cases, and the number of cases 
        involving combat disabled servicemembers, pending resolution 
        before the Medical and Physical Disability Evaluation Boards of 
        the Army, including information on the number of members of the 
        Army who have been in a medical hold or holdover status for 
        more than each of 100, 200, and 300 days.
            (2) The status of the implementation of modifications to 
        disability evaluation processes of the Department of Defense in 
        response to the following:
                    (A) The report of the Inspector General on such 
                processes dated March 6, 2007.
                    (B) The report of the Independent Review Group on 
                Rehabilitation Care and Administrative Processes at 
                Walter Reed Army Medical Center and National Naval 
                Medical Center.
                    (C) The report of the Department of Veterans 
                Affairs Task Force on Returning Global War on Terror 
                Heroes.
    (c) Posting on Internet.--Not later than 24 hours after submitting 
a report under subsection (a), the Secretary shall post such report on 
the Internet website of the Department of Defense that is available to 
the public.

                  Subtitle B--Other Disability Matters

SEC. 311. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE 
              ARMED FORCES.

    (a) In General.--Section 1212 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``his years of 
        service, but not more than 12, computed under section 1208 of 
        this title'' in the matter preceding subparagraph (A) and 
        inserting ``the member's years of service computed under 
        section 1208 of this title (subject to the minimum and maximum 
        years of service provided for in subsection (c))'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c)(1) The minimum years of service of a member for purposes of 
subsection (a)(1) shall be as follows:
            ``(A) Six years in the case of a member separated from the 
        armed forces for a disability incurred in line of duty in a 
        combat zone (as designated by the Secretary of Defense for 
        purposes of this subsection).
            ``(B) Three years in the case of any other member.
    ``(2) The maximum years of service of a member for purposes of 
subsection (a)(1) shall be 19 years.''.
    (b) No Deduction From Compensation of Severance Pay for 
Disabilities Incurred in Combat Zones.--Subsection (d) of such section, 
as redesignated by subsection (a)(2) of this section, is further 
amended--
            (1) by inserting ``(1)'' after ``(d)'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following new paragraphs:
    ``(2) No deduction may be made under paragraph (1) in the case of 
disability severance pay received by a member for a disability incurred 
in line of duty in a combat zone.
    ``(3) No deduction may be made under paragraph (1) from any death 
compensation to which a member's dependents become entitled after the 
member's death.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to members of the Armed Forces separated from the Armed Forces 
under chapter 61 of title 10, United States Code, on or after that 
date.

          TITLE IV--IMPROVEMENT OF FACILITIES HOUSING PATIENTS

SEC. 401. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILITIES, 
              SPECIALTY MEDICAL CARE FACILITIES, AND MILITARY QUARTERS 
              HOUSING PATIENTS.

    (a) Establishment of Standards.--The Secretary of Defense shall 
establish for the military facilities referred to in subsection (b) 
standards with respect to the matters set forth in subsection (c). The 
standards shall, to the maximum extent practicable--
            (1) be uniform and consistent across such facilities; and
            (2) be uniform and consistent across the Department of 
        Defense and the military departments.
    (b) Covered Military Facilities.--The military facilities referred 
to in this subsection are the military facilities of the Department of 
Defense and the military departments as follows:
            (1) Military medical treatment facilities.
            (2) Specialty medical care facilities.
            (3) Military quarters housing patients.
    (c) Scope of Standards.--The standards required by subsection (a) 
shall provide minimally acceptable conditions for the following:
            (1) Appearance and maintenance of facilities generally, 
        including the structure and roofs of facilities.
            (2) Size, appearance, and maintenance of rooms housing or 
        utilized by patients, including furniture and amenities in such 
        rooms.
            (3) Operation and maintenance of primary and back-up 
        facility utility systems and other systems required for patient 
        care, including electrical systems, plumbing systems, heating, 
        ventilation, and air conditioning systems, communications 
        systems, fire protection systems, energy management systems, 
        and other systems required for patient care.
            (4) Compliance with Federal Government standards for 
        hospital facilities and operations.
            (5) Compliance of facilities, rooms, and grounds, to the 
        maximum extent practicable and appropriate, with the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
            (6) Such other matters relating to the appearance, size, 
        operation, and maintenance of facilities and rooms as the 
        Secretary considers appropriate.
    (d) Compliance With Standards.--
            (1) Deadline.--In establishing standards under subsection 
        (a), the Secretary shall specify a deadline for compliance with 
        such standards by each facility referred to in subsection (b). 
        The deadline shall be at the earliest date practicable after 
        the date of the enactment of this Act, and shall, to the 
        maximum extent practicable, be uniform across the facilities 
        referred to in subsection (b).
            (2) Investment.--In carrying out this section, the 
        Secretary shall also establish guidelines for investment to be 
        utilized by the Department of Defense and the military 
        departments in determining the allocation of financial 
        resources to facilities referred to in subsection (b) in order 
        to meet the deadline specified under paragraph (1).
    (e) Report.--
            (1) In general.--Not later than December 30, 2007, the 
        Secretary shall submit to the congressional defense committees 
        a report on the actions taken to carry out this section.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) The standards established under subsection (a).
                    (B) An assessment of the appearance, condition, and 
                maintenance of each facility referred to in subsection 
                (a), including--
                            (i) an assessment of the compliance of such 
                        facility with the standards established under 
                        subsection (a); and
                            (ii) a description of any deficiency or 
                        noncompliance in each facility with the 
                        standards.
                    (C) A description of the investment to be allocated 
                to address each deficiency or noncompliance identified 
                under subparagraph (B)(ii).

SEC. 402. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES 
              IDENTIFIED AT WALTER REED ARMY MEDICAL CENTER.

    (a) Reports Required.--Not later than 30 days after the date of the 
enactment of this Act, and every 120 days thereafter until March 1, 
2009, the Secretary of Defense shall submit to the congressional 
defense committees a report on the implementation of the action plan of 
the Army to correct deficiencies identified in the condition of 
facilities, and in the administration of outpatients in medical hold or 
medical holdover status, at Walter Reed Army Medical Center (WRAMC) and 
at other applicable Army installations at which covered members of the 
Armed Forces are assigned.
    (b) Elements of Report.--Each report under subsection (a) shall 
include current information on the following:
            (1) The number of inpatients at Walter Reed Army Medical 
        Center, and the number of outpatients on medical hold or in a 
        medical holdover status at Walter Reed Army Medical Center, as 
        a result of serious injuries or illnesses.
            (2) A description of the lodging facilities and other forms 
        of housing at Walter Reed Army Medical Center, and at each 
        other Army facility, to which are assigned personnel in medical 
        hold or medical holdover status as a result of serious injuries 
        or illnesses, including--
                    (A) an assessment of the conditions of such 
                facilities and housing; and
                    (B) a description of any plans to correct 
                inadequacies in such conditions.
            (3) The status, estimated completion date, and estimated 
        cost of any proposed or ongoing actions to correct any 
        inadequacies in conditions as described under paragraph (2).
            (4) The number of case managers, platoon sergeants, patient 
        advocates, and physical evaluation board liaison officers 
        stationed at Walter Reed Army Medical Center, and at each other 
        Army facility, to which are assigned personnel in medical hold 
        or medical holdover status as a result of serious injuries or 
        illnesses, and the ratio of case workers and platoon sergeants 
        to outpatients for whom they are responsible at each such 
        facility.
            (5) The number of telephone calls received during the 
        preceding 60 days on the Wounded Soldier and Family hotline (as 
        established on March 19, 2007), a summary of the complaints or 
        communications received through such calls, and a description 
        of the actions taken in response to such calls.
            (6) A summary of the activities, findings, and 
        recommendations of the Army tiger team of medical and 
        installation professionals who visited the major medical 
        treatment facilities and community-based health care 
        organizations of the Army pursuant to March 2007 orders, and a 
        description of the status of corrective actions being taken 
        with to address deficiencies noted by that team.
            (7) The status of the ombudsman programs at Walter Reed 
        Army Medical Center and at other major Army installations to 
        which are assigned personnel in medical hold or medical 
        holdover status as a result of serious injuries or illnesses.
    (c) Posting on Internet.--Not later than 24 hours after submitting 
a report under subsection (a), the Secretary shall post such report on 
the Internet website of the Department of Defense that is available to 
the public.

SEC. 403. CONSTRUCTION OF FACILITIES REQUIRED FOR THE CLOSURE OF WALTER 
              REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA.

    (a) Assessment of Acceleration of Construction of Facilities.--The 
Secretary of Defense shall carry out an assessment of the feasibility 
(including the cost-effectiveness) of accelerating the construction and 
completion of any new facilities required to facilitate the closure of 
Walter Reed Army Medical Center, District of Columbia, as required as a 
result of the 2005 round of defense base closure and realignment under 
the Defense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; U.S.C. 2687 note).
    (b) Development and Implementation of Plan for Construction of 
Facilities.--
            (1) In general.--The Secretary shall develop and carry out 
        a plan for the construction and completion of any new 
        facilities required to facilitate the closure of Walter Reed 
        Army Medical Center as required as described in subsection (a). 
        If the Secretary determines as a result of the assessment under 
        subsection (a) that accelerating the construction and 
        completion of such facilities is feasible, the plan shall 
        provide for the accelerated construction and completion of such 
        facilities in a manner consistent with that determination.
            (2) Submittal of plan.--The Secretary shall submit to the 
        congressional defense committees the plan required by paragraph 
        (1) not later than September 30, 2007.
    (c) Certifications.--Not later than September 30, 2007, the 
Secretary shall submit to the congressional defense committees a 
certification of each of the following:
            (1) That a transition plan has been developed, and 
        resources have been committed, to ensure that patient care 
        services, medical operations, and facilities are sustained at 
        the highest possible level at Walter Reed Army Medical Center 
        until facilities to replace Walter Reed Army Medical Center are 
        staffed and ready to assume at least the same level of care 
        previously provided at Walter Reed Army Medical Center.
            (2) That the closure of Walter Reed Army Medical Center 
        will not result in a net loss of capacity in the major military 
        medical centers in the National Capitol Region in terms of 
        total bed capacity or staffed bed capacity.
            (3) That the capacity and types of medical hold and out-
        patient lodging facilities currently operating at Walter Reed 
        Army Medical Center will be available at the facilities to 
        replace Walter Reed Army Medical Center by the date of the 
        closure of Walter Reed Army Medical Center.
            (4) That adequate funds have been provided to complete 
        fully all facilities identified in the Base Realignment and 
        Closure Business Plan for Walter Reed Army Medical Center 
        submitted to the congressional defense committees as part of 
        the budget justification materials submitted to Congress 
        together with the budget of the President for fiscal year 2008 
        as contemplated in that business plan.
    (d) Environmental Laws.--Nothing in this section shall require the 
Secretary or any designated representative to waive or ignore 
responsibilities and actions required by the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the regulations 
implementing such Act.

         TITLE V--OUTREACH AND RELATED INFORMATION ON BENEFITS

SEC. 501. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON COMPENSATION AND 
              BENEFITS AVAILABLE FOR SERIOUS INJURIES AND ILLNESSES.

    (a) Information on Available Compensation and Benefits.--The 
Secretary of Defense shall, in consultation with the Secretary of 
Veterans Affairs and the Secretary of Health and Human Services, 
develop and maintain in handbook form a comprehensive description of 
the compensation and other benefits to which a member of the Armed 
Forces, and the family of such member, would be entitled upon the 
member's separation or retirement from the Armed Forces as a result of 
a serious injury or illness. The handbook shall set forth the range of 
such compensation and benefits based on grade, length of service, 
degree of disability at separation or retirement, and such other 
factors affecting such compensation and benefits as the Secretary of 
Defense considers appropriate.
    (b) Provision to Members.--The Secretary of the military department 
concerned shall provide the descriptive handbook under subsection (a) 
to each member of the Armed Forces described in that subsection as soon 
as practicable following the injury or illness qualifying the member 
for coverage under that subsection.
    (c) Provision to Representatives.--If a member is incapacitated or 
otherwise unable to receive the descriptive handbook to be provided 
under subsection (a), the handbook shall be provided to the next of kin 
or a legal representative of the member (as determined in accordance 
with regulations prescribed by the Secretary of the military department 
concerned for purposes of this section).
                                 <all>