[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 244

To require an independent comprehensive review of the process by which 
the Department of Veterans Affairs assesses cognitive impairments that 
result from traumatic brain injury for purposes of awarding disability 
                 compensation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2015

  Mr. Tester introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To require an independent comprehensive review of the process by which 
the Department of Veterans Affairs assesses cognitive impairments that 
result from traumatic brain injury for purposes of awarding disability 
                 compensation, 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. INDEPENDENT REVIEW OF PROCESS BY WHICH DEPARTMENT OF 
              VETERANS AFFAIRS ASSESSES COGNITIVE IMPAIRMENTS THAT 
              RESULT FROM TRAUMATIC BRAIN INJURY FOR PURPOSES OF 
              AWARDING DISABILITY COMPENSATION.

    (a) Agreement.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        seek to enter into an agreement with the Institute of Medicine 
        of the National Academies to perform the services covered by 
        this section.
            (2) Timing.--The Secretary shall seek to enter into the 
        agreement described in paragraph (1) not later than the latest 
        date by which the Secretary considers reasonable for the 
        Institute of Medicine to begin performing the services covered 
        by this section and complete them before the date described 
        subsection (c)(1).
    (b) Comprehensive Review.--
            (1) In general.--Under an agreement between the Secretary 
        and the Institute of Medicine under this section, the Institute 
        of Medicine shall conduct a comprehensive review of 
        examinations provided by the Department of Veterans Affairs to 
        individuals who submit claims to the Secretary for compensation 
        under chapter 11 of title 38, United States Code, for traumatic 
        brain injury to assess the cognitive impairments of such 
        individuals.
            (2) Elements.--The comprehensive review carried out 
        pursuant to paragraph (1) shall include the following:
                    (A) A determination of the adequacy of the tools 
                and protocols used by the Department to provide 
                examinations described in paragraph (1).
                    (B) A determination of which credentials are 
                necessary for health care specialists and providers to 
                perform such portions of such examinations that relate 
                to assessment of cognitive functions, such as a 
                neuropsychological evaluation.
            (3) Group of experienced health care providers.--In 
        carrying out the comprehensive review pursuant to paragraph 
        (1), the Institute of Medicine shall convene a group of experts 
        in clinical neuropsychology and other related disciplines.
    (c) Report.--
            (1) In general.--Not later than 540 days after the date on 
        which the Secretary enters into an agreement under subsection 
        (a)(1), the Secretary shall submit to Congress a report on the 
        comprehensive review conducted under this section.
            (2) Elements.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) The findings of the Institute of Medicine with 
                respect to the comprehensive review conducted under 
                this section.
                    (B) Such recommendations for legislative or 
                administrative action as the Institute of Medicine may 
                have for the improvement of the adjudication of claims 
                described in subsection (b)(1).
    (d) Alternate Contract Organization.--
            (1) In general.--If the Secretary is unable within the 
        period prescribed in subsection (a)(2) to enter into an 
        agreement described in subsection (a)(1) with the Institute of 
        Medicine on terms acceptable to the Secretary, the Secretary 
        shall seek to enter into such an agreement with another 
        appropriate organization that--
                    (A) is not part of the Government;
                    (B) operates as a not-for-profit entity; and
                    (C) has expertise and objectivity comparable to 
                that of the Institute of Medicine.
            (2) Treatment.--If the Secretary enters into an agreement 
        with another organization as described in paragraph (1), any 
        reference in this section to the Institute of Medicine shall be 
        treated as a reference to the other organization.
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