S. 1044Senate110th Congress (2007-2009)In Committee

Effective Care for the Armed Forces and Veterans Act of 2007

Introduced March 29, 2007

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S4178-4179)

March 29, 2007

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SenateIntro Referral

Introduced in Senate

March 29, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4177-4178)

March 29, 2007

SenateIntro Referral

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S4178-4179)

March 29, 2007

Floor Debate

22 members

What members said about S. 1044 on the floor

6 Republicans16 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 29, 2007

Mr. President, I rise today to introduce legislation to ensure that the land on the West Los Angeles Veterans Affairs, West LA VA, campus is protected for the use of America's Veterans. The bill…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 29, 2007

Mr. President, I would like to take the opportunity today to introduce an important piece of legislation to improve the ability of the Department of Defense and the Department of Veterans Affairs to…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 29, 2007

Mr. President, today, I am introducing the Heroes at Home Act of 2007, the Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007, and the Protecting Military Family Financial…

Herb Kohl
Sen. Herb KohlD-WI · Mar 29, 2007

Mr. President, I rise today to introduce the Prevent All Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and Schumer. As the problem of cigarette trafficking continues to worsen,…

Sam Brownback
Sen. Sam BrownbackR-KS · Mar 29, 2007

Mr. President, I rise to speak on bipartisan legislation that Senator Landrieu and myself are introducing, the Human Cloning Prohibition Act. We do this today with 26 other cosponsors. It is…

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Robert C. Byrd
Sen. Robert C. ByrdD-WV · Mar 29, 2007

Mr. President, West Virginians have always been a deeply spiritual people. Historically, we have stood fast in our devotion to the Creator, even when--or especially when--faced with adversity,…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 29, 2007

Mr. President, I would like to take the opportunity today to introduce an important piece of legislation to improve the ability of the Department of Defense and the Department of Veterans Affairs to…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Mar 29, 2007

Mr. President, I am introducing the Crane Conservation Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo, Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 29, 2007

Mr. President, I rise today to introdnce the Early Hearing Detection and Intervention Act of 2007. This bill is a companion bill to H.R. 1198, introduced in the House by Representative Lois Capps. I…

Ken Salazar
Sen. Ken SalazarD-CO · Mar 29, 2007

Mr. President, I rise today to make the health of American children and families a top priority with the Healthy Children and Families Act of 2007, which I introduced earlier today with Senator…

Barack Obama
Sen. Barack ObamaD-IL · Mar 29, 2007

Mr. President, next week is National Public Health week--a week to raise awareness about the importance of public health all around this Nation. I applaud the efforts of the American Public Health…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 29, 2007

Mr. President, I rise today to introduce the National Liberty Memorial Act along with my colleagues, Senators Charles E. Grassley and Sen. Barack Obama. Representatives Donald M. Payne, William Lacy…

George V. Voinovich
Sen. George V. VoinovichR-OH · Mar 29, 2007

Mr. President, I rise today to introduce three important pieces of legislation that I believe will improve the ability of the Federal Government to recruit and retain a world class workforce: the…

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Tom Harkin
Sen. Tom HarkinD-IA · Mar 29, 2007

Mr. President, today I introduce the Promoting Wellness for Individuals with Disabilities Act. This important legislation will help ensure that people with disabilities have the same health and…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Mar 29, 2007

Mr. President, I am delighted to reintroduce the Free Internet Filing Act as the tax filing deadline approaches. The bill requires the Internal Revenue Service (IRS) to provide universal access to…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 29, 2007

Mr. President, for far too long, we've acquiesced in a lop-sided economy that benefits wealthy individuals and corporations, but not America's working families. Tens of millions of our men and women…

John Cornyn
Sen. John CornynR-TX · Mar 29, 2007

Mr. President, I rise to introduce the Workforce Health Improvement Program Act of 2007, otherwise known as the WHIP Act. This bipartisan bill I introduce today is the same legislation I introduced…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Mar 29, 2007

Mr. President, with my colleagues, Senator Blanche Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to introduce the Elder Justice Act of 2007. Senators Lincoln, Smith, Kohl and I…

Ted Stevens
Sen. Ted StevensR-AK · Mar 29, 2007

Mr. President, the bill that I introduce today seeks to codify the initiatives announced by President Bush in January of this year in his Executive order to strengthen Federal environmental, energy,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 29, 2007

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, I am proud to be joined today by my colleagues, Senator Grassley from Iowa, and…

Carl Levin
Sen. Carl LevinD-MI · Mar 29, 2007

Mr. President, the Grand River Bands of Ottawa Indians, commonly referred to as the Grand River Bands, has been in some form indigenous to the State of Michigan for over 200 years. The Grand River…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Mar 29, 2007

Mr. President, today, along with my friend Senator Sam Brownback, I am introducing the Great Cats and Rare Canids Act, which will protect and foster populations of imperiled great cats and rare…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Mar 29, 2007

Mr. President, I rise today to announce the introduction, by request, of the Next Generation Air Transportation System Financing Reform Act of 2007, the Bush administration's proposal for the Federal…

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 29, 2007

II

110th CONGRESS

1st Session

S. 1044

IN THE SENATE OF THE UNITED STATES

March 29, 2007

Mr. Biden introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To improve the medical care of members of the Armed Forces and veterans, and for other purposes.

1.

Short title

This Act may be cited as the Effective Care for the Armed Forces and Veterans Act of 2007.

2.

Prohibition on competitive sourcing of certain activities at medical facilities of the Department of Defense

(a)

Findings

Congress finds the following:

(1)

The health and recovery of wounded members of the Armed Forces may be risked by competitive sourcing of services at military medical facilities.

(2)

The provision of medical services to members and former members of the Armed Forces who were injured while serving in Operation Iraqi Freedom or Operation Enduring Freedom is a basic service that is the responsibility of the Government and any disruption is unacceptable when it risks the health of veterans and members of the Armed Forces.

(3)

The Department of Defense has attempted to implement competitive sourcing of services at military medical facilities despite the fact that doing so provides no improvement in the efficiency or effectiveness of such services.

(b)

Prohibition on initiation of competitive sourcing activities at medical facilities of Department of Defense during period of major military conflict

(1)

In general

Except as provided in paragraph (2), during a period in which the Armed Forces are involved in a major military conflict, the Secretary of Defense shall not take any action under the Office of Management and Budget Circular A–76 or any other similar administrative regulation, directive, or policy—

(A)

to subject work performed by an employee of a medical facility of the Department of Defense or employee of a private contractor of such a medical facility to public-private competition; or

(B)

to convert such employee or the work performed by such employee to private contractor performance.

(2)

Exception to prevent negative impact on provision of services

Paragraph (1) shall not apply to any action at a medical facility of the Department of Defense if the Secretary of Defense certifies to Congress that not initiating such action during such period would have a negative impact on the provision of services at such military medical facility.

(c)

Study on competitive sourcing activities at medical facilities of Department of Defense

The Comptroller General of the United States shall assess the efficiency and advisability of subjecting work performed by an employee of a medical facility of the Department of Defense or a private contractor of such a medical facility to public-private competition, or converting such employee or the work performed by such employee to private contractor performance, under the Office of Management and Budget Circular A–76 or any other similar administrative regulation, directive, or policy.

3.

Minimum budget for medical services of the Armed Forces during period of major military conflict

(a)

Findings

Congress finds the following:

(1)

Pressure to reduce the budget for the medical services of the Department of Defense has contributed to many of the current problems at Walter Reed Army Medical Center.

(2)

It is inappropriate to reduce the budget for medical services of the Department of Defense or the Department of Veterans Affairs while such services are needed to treat members of the Armed Forces or veterans who were wounded in Iraq and Afghanistan.

(b)

Minimum budget for medical services

(1)

In general

Except as provided in paragraph (2), if the Armed Forces are involved in a major military conflict at the time the President submits the budget for a fiscal year to Congress, the President shall not include in that budget a total aggregate amount allocated for medical services for the Department of Defense and the Department of Veterans Affairs that is less than the total aggregate amount allocated for such purposes in the budget submitted by the President to Congress for the previous fiscal year.

(2)

Exception

Paragraph (1) shall not apply if the President—

(A)

certifies to Congress that submitting a total aggregate amount allocated for medical services for the Department of Defense and the Department of Veterans Affairs that is less than that required under paragraph (1) is in the national interest; and

(B)

submits to Congress a report on the reasons for the reduction described by subparagraph (A).

4.

Limitation on implementation of recommendation to close Walter Reed Army Medical Center

(a)

Findings

Congress finds the following:

(1)

The final recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment include recommendations to close Walter Reed Army Medical Center and to build new, modern facilities at the National Naval Medical Center at Bethesda and at Fort Belvoir to improve the overall quality of and access to health care for members of the Armed Forces.

(2)

These recommendations include the transfer of medical services from the Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir, but they do not adequately provide for housing for the families of wounded members of the Armed Forces who will receive treatment at such new facilities.

(3)

The recommended closure of the Walter Reed Army Medical Center has impaired the ability of the Secretary of Defense to attract the personnel required to provide proper medical services at such medical center.

(b)

Limitation on implementation of recommendations

The Secretary of Defense shall not take any action to implement the recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment relating to the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir during the period beginning on the date of the enactment of this Act and ending on the date that is 60 days after the date on which Congress receives the plan required under subsection (c).

(c)

Plan required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan that includes an assessment of the following:

(1)

The feasibility and advisability of providing current or prospective employees at Walter Reed Army Medical Center a guarantee that their employment will continue in the Washington, DC, metropolitan area for more than two years after the date on which Walter Reed Army Medical Center is closed.

(2)

Detailed construction plans for new medical facilities and family housing at the National Naval Medical Center at Bethesda and at Fort Belvoir to accommodate the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir.

(3)

The costs, feasibility, and advisability of completing all of the construction planned for the transfer of medical services from Walter Reed Army Medical Center to the National Naval Medical Center at Bethesda and at Fort Belvoir before any patients are transferred to such new facilities from Walter Reed Army Medical Center as a result of the recommendations of the Defense Base Closure and Realignment Commission under the 2005 round of defense base closure and realignment.

5.

Improving case management services for members of the Armed Forces

(a)

Findings

Congress makes the following findings:

(1)

Case managers are important for scheduling appointments and making sure recovering servicemembers get the care they need.

(2)

Many case managers are overwhelmed by the large number of wounded members of the Armed Forces returning from deployment in Iraq and Afghanistan.

(3)

Regular contact between health care providers and members of the Armed Forces returning from deployment is important for the diagnosis of post traumatic stress disorder in such members.

(4)

It is inappropriate to require a wounded member of the Armed Forces or a family member of such member to provide a photo or a medal from deployment in Iraq or Afghanistan to prove that such member served in and was injured from such deployment.

(5)

Case managers are well qualified to assist recovering servicemembers and their families with the disability evaluation system and discharge procedures of the Department of Defense.

(b)

Case managers

(1)

In general

The Secretary of Defense shall assign at least one case manager for every 20 recovering servicemembers to assist in the recovery of such recovering servicemember.

(2)

Minimum contact

The Secretary of Defense shall ensure that case managers contact each of their assigned recovering servicemembers not less than once per week.

(3)

Training

The Secretary of Defense shall ensure that case managers of the Department of Defense are familiar with the disability and discharge system of the Department of Defense and that such case managers are able to assist recovering servicemembers complete necessary and related forms.

(c)

Recovering servicemember

In this section, the term recovering servicemember 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 holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces.

6.

Screening for traumatic brain injury

(a)

Findings

Congress finds the following:

(1)

Many of the members of the Armed Forces deployed in Iraq and Afghanistan have brain injuries.

(2)

In many cases, such injuries are not diagnosed because there is no external indication of such injury.

(3)

The Secretary of Veterans Affairs carries out programs to screen all recent combat veterans for traumatic brain injury; the Secretary of Defense does not do so.

(b)

Screening required

The Secretary of Defense shall screen every member of the Armed Forces returning from deployment in Operation Iraqi Freedom or Operation Enduring Freedom for traumatic brain injury upon the return of each such member.

(c)

Studies on treating traumatic brain injury as presumptive condition for disability compensation

(1)

Study by Secretary of Defense

(A)

In general

The Secretary of Defense shall conduct a study on the feasability and advisability of treating traumatic brain injury as a presumptive condition for members of the Armed Forces who served in Operation Iraqi Freedom or Operation Enduring Freedom for the qualification for disability compensation under laws administered by the Secretary of Defense.

(B)

Report

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 results of the study required by subparagraph (A).

(2)

Study by Secretary of Veterans Affairs

(A)

In general

The Secretary of Veterans Affairs shall conduct a study on the feasability and advisability of treating traumatic brain injury as a presumptive condition for veterans who served as members of the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom for the qualification for disability compensation under laws administered by the Secretary of Veterans Affairs.

(B)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the results of the study required by subparagraph (A).

(3)

Study by Director of National Institutes of Health

(A)

In general

The Director of the National Institutes of Health shall conduct a study on traumatic brain injury, including the detection of traumatic brain injury and the measurement and classification of the severity of traumatic brain injury.

(B)

Report

Not later than 180 days after the date of the enactment of this Act, the Director of the National Institutes of Health shall submit to Congress a report on the results of the study required by subparagraph (A).

7.

Requiring medical records management systems of Department of Defense to communicate with medical records management systems of Department of Veterans Affairs

(a)

Findings

Congress makes the following findings:

(1)

The electronic transfer of medical records of members of the Armed Forces from the medical records management systems of the Department of Defense to the medical records management systems of the Department of Veterans Affairs would be prudent.

(2)

The Department of Veterans Affairs has been a leader in the implementation of electronic medical records management systems.

(b)

Electronic communication between medical records management systems required

(1)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall ensure that the medical records management systems of the Department of Defense are capable of transmitting medical records to and receiving medical records from the medical records management systems of the Department of Veterans Affairs electronically.

(2)

Initiation of activities

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall begin any activities required to meet the requirements of paragraph (1).

8.

Department of Veterans Affairs assessment of long-term care needs of veterans

(a)

Findings

Congress makes the following findings:

(1)

Multiple studies show that, in the next five years, the Department of Veterans Affairs will add hundreds of thousands of new veterans to the medical records management systems of the Department of Veterans Affairs.

(2)

During such period, many veterans will have multiple medical care needs caused by complex medical conditions.

(b)

Assessment of long-term care needs

The Secretary of Veterans Affairs shall assess the current ability of the Department of Veterans Affairs to meet long-term care needs of veterans during the 50-year period that begins on the date of the enactment of this Act.

(c)

Determination of actions required To meet long-term care needs

The Secretary of Veterans Affairs shall determine what actions are required to ensure that the needs described in subsection (b) are satisfied.

(d)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the assessment required in subsection (b) and the determination required in subsection (c).