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 123STA T . 23 60PUBLIC LA W 111 –84—O CT. 28 , 200 9(1)INGE NE RAL.—Par a g ra ph (1) ofsub s ecti o n (b) of such section is a m en d edb y stri k ing ‘ ‘the term ’ ’anda l l that follo w s and inserting ‘‘the term ‘designated indi v idual’ , with respect to a member, means— ‘‘( A ) an individual designated by the member for the pur - poses of this section or ‘‘( B ) in the case of a member who has not made a designa- tion under subparagraph (A) and, as determined by the attending physician or surgeon, is not able to make such a designation, an individual who, as designated by the attending physician or surgeon and the commander or head of the military medical facility e x ercising control over the member, is someone with a personal relationship to the member whose presence may aid and support the health and welfare of the member during the duration of the member’s inpatient treatment.’’. ( 2 ) D E SI GNA T I O NS NOT P ER M ANENT.—Paragraph (2) of such subsection is amended to read as follows ‘‘(2) T he designation of an individual as a designated individual for purposes of this section may be changed at any time.’’. (c) C O V ERAGE O FM EM B ERS H OSPITALI Z E DOU TSIDE T H E U NITED S TATES W HO WERE WOUNDED OR IN J URED IN A COMBAT OPERATION OR COMBAT Z ONE.— (1) COVERAGE FOR HOSPITALIZATION OUTSIDE THE UNITED STATES.—Subparagraph (B) of subsection (a)(2) of such section is amended— (A) in clause (i), by striking ‘‘in or outside the United States’’; and (B) in clause (ii), by striking ‘‘in the United States’’. (2) CLARIFI C ATION OF MEMBERS COVERED.—Such subpara- graph is further amended— (A) in clause (i), by inserting ‘‘seriously wounded,’’ after ‘‘(i) is’’; and (B) in clause (ii)— (i) by striking ‘‘an in j ury’’ and inserting ‘‘a wound or an injury’’; and (ii) by striking ‘‘that injury’’ and inserting ‘‘that wound or injury’’. (d) COVERAGE OF MEMBERS WITH SERIOUS MENTAL DIS- ORDERS.— (1) IN GENERAL.—Subsection (a)(2)(B)(i) of such section, as amended by subsection (c) of this section, is further amended by inserting ‘‘(including having a serious mental disorder)’’ after ‘‘seriously injured’’. (2) SERIOUS MENTAL DISORDER DEFINED.—Subsection (b) of such section 4 11h, as amended by subsection (b) of this section, is further amended by adding at the end the following new paragraph: ‘‘(4)(A) In this section, the term ‘serious mental disorder’, in the case of a member, means that the member has been diagnosed with a mental disorder that re q uires intensive mental health treat- ment or hospitali z ation. ‘‘(B) The circumstances in which a member shall be considered to have a serious mental disorder for purposes of this section shall include, but not be limited to, the following: ‘‘(i) The member is considered to be a potential danger to self or others as a result of a diagnosed mental disorder


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 123STA T . 23 6 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9tha t requi re s i n tensi v e m enta l health treatment o r hos p itali z a - tion .‘ ‘ ( ii )T he mem b er is d ia g nosed w ith a mental disorder and has ps yc hotic symptoms that require intensive mental health treatment or hospitalization. ‘‘(iii) The member is diagnosed with a mental disorder and has severe symptoms or severe impairment in f unctioning that require intensive mental health treatment or hospitaliza- tion. ’ ’. (e) FREQU E NCYOFA U TH OR IZ E D TR AV E L . —P aragraph ( 3 ) of sub- section (a) of such section 41 1h is amended to read as follows ‘‘(3) N ot more than a total of three roundtrips may be provided under paragraph (1) in any 60 -day period at G overnment e x pense to the individuals who , with respect to a member, are the designated individuals of that member in effect during that period. H owever, if the S ecretary concerned has granted a waiver under the second sentence of paragraph (1) with respect to a member, then for any 60-day period in which the waiver is in effect the limitation in the preceding sentence shall be ad j usted accordingly. I n addition, during any period during which there is in effect a non-medical attendant designation for a member under section 411 k of this title, not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrips may be provided.’’. (f) STYLI S TIC AND C ONFOR M IN G AMENDMENTS.—Such section is further amended— (1) in subsection (a), by striking ‘‘(a)(1)’’ and inserting ‘‘(a) TRAVEL AND TRANS P ORTATION AUTHORIZED.—(1)’’ ( 2 ) in subsection (b)— (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) D EFINI- TIONS.—(1)’’; and ( B ) in paragraph (3)— (i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and (ii) by adding at the end the following new subparagraph: ‘‘(B) In this paragraph, the term ‘family member’, with respect to a member, means the following: ‘‘(i) The member’s spouse. ‘‘(ii) Children of the member (including stepchildren, adopted children, and illegitimate children). ‘‘(iii) Parents of the member or persons in loco parentis to the member, including fathers and mothers through adoption and persons who stood in loco parentis to the member for a period not less than one year immediately before the member entered the uniformed service, except that only one father and one mother or their counterparts in loco parentis may be recognized in any one case. ‘‘(iv) Siblings of the member. ‘‘(v) A person related to the member as described in clause (i), (ii), (iii), or (iv) who is also a member of the uniformed services.’’; (3) in subsection (c)— (A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) R OUND TRIP TRANSPORTATION AND PER DIEM ALLO W ANCE.—(1)’’; and

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 123STA T . 23 6 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)inpar a g rap h ( 1 ) ,byst ri k ing ‘ ‘ f a m i l ym e mber ’ ’an d inserting ‘‘designated indi v id u al’’ and ( 4 ) in subse c ti o n (d), by striking ‘‘(d)(1)’’ and inserting ‘‘(d) METHOD O FTRANSP ORTAT I ON AU THORI Z ED .— (1)’’. (g) CL ERI C ALA M ENDMENTS.— (1) S ECTION HEADIN G .—The heading of such section is amended to read as follo w s

‘ §41 1 h.Travel a ndt ran spo rtat i on allo w an c es transpor - tation o f desi g nated individ u als incident to hos- pitali z ation of m em b ers for treatment of wounds , illness, or in j ur y’ ’. ( 2 )TA B LE OF SECTIONS.—The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: ‘ ‘ 41 1 h.Travel a ndt ran spo rtat i on allo w an c es transportation o f desi g nated individ -u als incident to hospitali z ation of m em b ers for treatment of wounds , ill- ness, or in j ur y. ’ ’. (h) CONFORMING AMENDMENT TO W OUNDED WARRIOR ACT.— Section 1 60 2(4) of the Wounded Warrior Act (10 U .S.C. 1071 note) is amended by striking ‘‘411h(b)(1)’’ and inserting ‘‘411h(b)( 3 )(B)’’. (i) APPLICABILIT Y OF AMENDMENTS.— N o reimbursement may be provided under section 411h of title 37, United States Code, by reason of the amendments made by this section for travel and transportation costs incurred before the date of the enactment of this Act. SEC.63 3. AUTHORIZ E D TRA V E L A N D TRANS P ORTATION ALLO W ANCES F OR NON -M EDICAL ATTENDANTS FOR VER Y SERIOUSLY AND SERIOUSLY WOUNDED , ILL, OR IN J URED MEM B ERS. (a) P AYMENT OF TRA V EL COSTS AUTHORIZED.— (1) I N GENERAL.—Chapter 7 of title 37, United States Code, is amended by inserting after section 411 j the following new section: ‘‘§ 411 k . Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured ‘‘(a) ALLO W ANCE FOR NON - MEDICAL ATTENDANT.—Under uni- form regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for a q ualified non-medical attendant for a covered member of the uniformed services described in subsection (c) if the attending physician or surgeon and the commander or head of the military medical facility e x ercising control over the member determine that the presence of such an attendant may contribute to the member’s health and welfare. ‘‘(b) Q UALIFIED NON-MEDICAL ATTENDANT.— F or purposes of this section, a qualified non-medical attendant, with respect to a covered member, is an individual who— ‘‘(1) is designated by the member to be a non-medical attendant for the member for purposes of this section; and ‘‘(2) is determined by the attending physician or surgeon and the commander or head of the military medical facility to be appropriate to serve as a non-medical attendant for the member and whose presence may contribute to the health and welfare of the member. Regulations.37USC41 1 h note.


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 123STA T . 23 6 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (c)COVER E DM E MB ER S.—Ame m b e rofth e uni forme ds er v ices covered b y this section is a member w ho— ‘‘( 1 )asaresu l tofawound , illness, or in j ury, has been determined by the attendin gp hysician or surgeon to be in the category k nown as ‘very seriously wounded, ill, or injured ’ or ‘seriously wounded, ill, or injured’ and ‘‘( 2 ) is hospitali z ed for treatment of the wound, illness, or injury or re q uires continuing outpatient treatment for the wound, illness, or injury. ‘‘(d) A UTH OR IZ ED T R A VE L A N D TRANS P ORTATION.—(1) The transportation authorized by subsection (a) for a qualified non - medical attendant for a member is round-trip transportation between the home of the attendant and the location at which the member is receiving treatment and may include transportation, while accompanying the member, to any other location to which the member is subsequently transferred for further treatment. A designated non-medical attendant under this section may not also be a designated individual for travel and transportation allowances section 4 11h(a) of this title. ‘‘(2) The transportation authorized by subsection (a) includes any travel necessary to obtain treatment for the member at the location to which the member is permanently assigned. ‘‘( 3 ) I n addition to the transportation authorized by subsection (a), the S ecretary concerned may provide a per diem allowance or reimbursement for the actual and necessary e x penses of the travel, or a combination thereof, but not to exceed the rates estab- lished under section 4 0 4(d) of this title. ‘‘(4) The transportation authorized by subsection (a) may be provided by any of the following means ‘‘(A) Transportation in-kind. ‘‘( B ) A monetary allowance in place of transportation in- kind at a rate to be prescribed by the Secretaries concerned. ‘‘(C) R eimbursement for the commercial cost of transpor- tation. ‘‘( 5 ) An allowance payable under this subsection may be paid in advance. ‘‘( 6 ) Reimbursement payable under this subsection may not exceed the cost of G overnment-procured commercial round-trip air travel.’’. (2) CLERI C AL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item related to section 411j the following new item: ‘ ‘ 41 1 k.Travel a ndt ran spo rtat i on allo w an c es non -m edical attendants f or mem b ers determined to be ver y serio u sly or seriously wounded , ill, or in j ured. ’ ’. (b) APPLICABILIT Y .— N o reimbursement may be provided under section 411k of title 3 7, U nited States Code, as added by subsection (a), for travel and transportation costs incurred before the date of the enactment of this Act. SEC.634 . R E IMBU RSEME NTOF TR AV E L E XP ENSES OF MEMBERS OF T H E ARME D FORCES ON ACTIVE DUT Y AND THEIR DEPENDENTS FOR TRAVEL FOR SPECIALTY CARE UNDER EXCEPTIONAL CIRCUMSTANCES. (a) REIMBURSEMENT AUTHORIZED.—Section 1074i of title 10, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and 37USC41 1 knote.


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 123STA T . 23 64PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)byinsert in gaf ter s u bse c ti o n(a)t h efo l lo w ing new sub - section (b)

‘(b) REIMBURS EME NTFO R T R AV E LU N D ER EXC E P TIONAL C IR- CUMSTANCES .— The S ecretary of D efense m ay p ro v i d e reimburse- ment for reasonable travel e x penses of travel of members of the armed forces on active duty and their dependents , and accompani- ment, to a specialty care provider not otherwise authori z ed by subsection (a) under such exceptional circumstances as the Sec- retary considers appropriate for purposes of this section. ’ ’. (b) TEC H NICAL A MENDMENT.—Subsection (a) of such section is amended by inserting ‘‘of Defense’’ after ‘‘the Secretary’’. SEC.635 . R E PO R T O NAD E QU AC Y O FW E IGH TA L LOWANCES FOR TRANSPORTATION OF B AGGAGE AND HOUSEHOLD EFFECTS FOR M EMBERS OF THE UNIFORMED SER V ICES. (a) REPORT RE Q UIRED.— N ot later than J uly 1 ,2 0 10, the Sec- retary of Defense shall submit to the congressional defense commit- tees a report containing— (1) a review of the weight allowances provided for the transportation of baggage and household goods under section 4 0 6 (b)(1)(C) of title 37, United States Code and (2) such recommended changes to the weight allowance, including an estimate of the cost of each recommended change, as the Secretary considers appropriate. (b) ELEMENTS OF REVIE W .—The Secretary shall consider whether the weight allowances reviewed under subsection (a) are suitable in terms of— (1) recognizing the societal needs and expectations of fami- lies in the United States; (2) providing for an appropriate q uality of life for members of the Armed F orces in all grades; and (3) recognizing the appropriate rewards and prestige associ- ated with promotion to higher military grade, with particular attention to mid-grade and senior noncommissioned officer ran k s. Subti t leD— Di sa bilit y,R eti r e dP ay, a n d Sur v iv o r B ene f its SEC. 6 41 . TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEM - BERS IN J URED WHILE ON ACTIVE DUTY. (a) I N G ENERAL.—Chapter 61 of title 10, United States Code, is amended by inserting after section 121 8 the following new section: ‘ ‘ §12 1 8a.Disch a rgeo rre l ease f ro m ac t i v e du t y: tra n sition assistance for reserve com p onent mem b ers in j ured w hile on active duty ‘‘(a) P ROVISION OF CERTAIN INFORMATION.— B efore a member of a reserve component described in subsection (b) is demobilized or separated from the armed forces, the Secretary of the military department concerned shall provide to the member the following information: ‘‘(1) Information on the availability of care and administra- tive processing through community based warrior transition units.


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 123STA T . 23 65PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (2)Informati onont hel o c ation of the comm u nit yb a s e dw arrior transition unit located nearest to the p ermanent place of residence of the member . ‘‘(b) COVER E DM E MB ER S . —S ubsection (a) applies to members of a reser v e component who are in j ured while on active duty in the armed forces. ’ ’. (b) C L ER ICA L A ME N DMEN T .— T he table of sections at the be g in - ning of chapter 61 of such title is amended by inserting after the item relating to section 121 8 the following new item

‘ 12 1 8a.Disch a rgeo rre l ease f ro m ac t i v e du t y: tra n sition assistance for reserve com -p onent mem b ers in j ured w hile on active duty. ’ ’. SEC.642 . R EC OMPUTA T I O N O F RETIRE D PA Y AND AD J USTMENT OF RETIRED G RADE OF RESER V E RETIREES TO REF L ECT SERVICE AFTER RETIREMENT. (a) R ECOM PU TATION O F RETIRED P A Y .—Section 12 739 of title 1 0,U nited States Code, is amended by adding at the end the following new subsection: ‘‘(e)(1) If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 101 45 (d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member. ‘‘(2) The Secretary concerned may reduce the two-year service re q uirement specified in paragraph (1) in the case of a member who— ‘‘(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assist- ant adjutant general subordinate to such a position of adjutant general ‘‘( B ) completes at least one year of service in such position; and ‘‘(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.’’. (b) AD J USTMENT OF RETIRED G RADE.—Section 12771 of such title is amended— (1) by stri k ing ‘‘Unless’’ and inserting ‘‘(a) GRADE ON TRANSFER.—Unless’’; and (2) by adding at the end the following new subsection: ‘‘(b) E FFECT OF SUBSE Q UENT RECALL TO ACTIVE STATUS.—(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370(d) of this title. ‘‘(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who— ‘‘(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assist- ant adjutant general subordinate to such a position of adjutant general; ‘‘(B) completes at least one year of service in such position; and Ap p licab ili ty.


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 123STA T . 23 6 6 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (C)failstoc o mp l e tet h emi n im u mt w o y ea r sofser v ice solely b ecause the appointment of the member to such position is terminate d or vacated as described in section 324 (b) of title 32 .’ ’. SEC.643 .E L EC TION TO R ECEI V E RETIRE DPAYF OR NON - RE GU LAR SERVICE UPON RETIRE M ENT FOR SERVICE IN AN ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING ELIGI- B ILITY FOR REGULAR RETIREMENT. (a) ELECTIONAU T H O R IT Y;R E Q UIRE M ENT S . —S ubsection (a) of section 1 2 7 41 of title 1 0,U nited States Code, is amended to read as follows ‘‘(a) AUTHORITY TO ELECT TO RECEI V E RESERVE RETIRE DPA Y.— (1) N otwithstandin g the re q uirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 8 67 of this title, if the person— ‘‘(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter; ‘‘( B ) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and ‘‘(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (e x cluding any period of active service). ‘‘(2) T he Secretary concerned may reduce the minimum two - year service requirement specified in paragraph (1)(C) in the case of a person who— ‘‘(A) completed at least one year of service in a position of ad j utant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and ‘‘(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.’’. (b) ACTIONS TO E F FECTUATE ELECTION.—Subsection (b) of such section is amended by stri k ing paragraph (1) and inserting the following new paragraph: ‘‘(1) terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and’’. (c) CONFORMIN G AMENDMENT TO REFLECT NE WV ARIA B LE AGE REQUIREMENT FOR RETIREMENT.—Subsection (d) of such section is amended— (1) in paragraph (1), by striking ‘‘attains 60 years of age’’ and inserting ‘‘attains the eligibility age applicable to the person under section 12731(f) of this title’’; and


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 123STA T . 23 67PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)inpar a g rap h (2)( A ) ,byst ri k ing ‘ ‘attains 60 y e ars of age ’ ’an d inserting ‘‘attains the e l igibility age appli c able to the person u nder such section’’ . (d) RETIR E DPAYB A S E. — ( 1 ) M E MB ERS BE CO MI NG MEMBERS BE F ORE SE P TEMBER 8, 19 8 0 .— S ection 1 4 06(b)(2) of such title is a m ended by inserting after ‘‘ w hen retired pay is granted’’ the following ‘‘(or, in the case of a person entitled to retired pay by reason of an election under section 12 7 41(a) of this title, at rates applicable on the date the person completes the ser v ice re q uired under such section 12741(a))’’. (2) MEMBERS BECOMING MEMBERS AFTER SEPTEMBER 7, 1980.—Section 1407(d)(4) of such title is amended by inserting after ‘‘became entitled to retired pay’’ the following: ‘‘or, in the case of a member or former member entitled to retired pay by reason of an election under section 12741(a) of this title, before the member or former member completes the service required under such section 12741(a),’’. (e) CL ERICAL AMENDMENTS.— (1) SECTION H EADING.— T he heading for section 12741 of such title is amended to read as follows: ‘ ‘ §1274 1 .Retir e m e n t fo r s er v i c ein a n active stat u s p erforme d int h e S e l ected Reserve of the Read y Reserve after eli g i b ility for regular retirement ’ ’. (2) TABLE OF SECTIONS.—The table of sections at the begin - ning of chapter 122 3 of such title is amended by striking the item relating to section 12741 and inserting the following new item: ‘ ‘ 1274 1 .Retir e m e n t fo r s er v i c ein a n active stat u s p erforme d int h e S e l ected Reserve of the Read y Reserve after eli g i b ility for regular retirement. ’ ’. SEC.64 4. R E PO R T O N RE -D ETER MI N A TION PROCESS F OR PERMA- NENT LY INCAPACITATED DEPENDENTS OF RETIRED AND DECEASED MEM B ERSOFT H E ARMED FORCES. (a) REPORT RE QU IRED.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of D efense shall submit to Congress a report on the re-determination process of the Depart- ment of Defense used to determine the eligibility of permanently incapacitated dependents of retired and deceased members of the Armed F orces for benefits provided under laws administered by the Secretary. (b) E LEMENTS.—The report required by subsection (a) shall include the following: (1) An assessment of the re-determination process, including the following: (A) The rationale for requiring a quadrennial recertifi- cation of financial support after issuance of a permanent identification card to a permanently incapacitated dependent. (B) The administrative and other burdens the quadren- nial recertification imposes on the affected sponsor and dependents, especially after the sponsor becomes ill, incapacitated, or deceased. (C) The e x tent to which the quadrennial recertification undermines the utility of issuing a permanent identification card.


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 123STA T . 23 68PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(D)The e xt e n t of the c on s e qu ences ent ail e d in eli m i - natin g the r equirement for quadrennial recertification . ( 2 ) Sp ecific recommendations for the follo w ing ( A ) I mpro v ing the efficienc y of the recertification process. ( B ) M inimi z ing the b urden of such process on the spon- sors of such dependents. ( C ) E liminating the requirement for quadrennial recer- tification. SEC.645 . TR E A T M E N TASACT IV E SERVICE FO R RETIRE DP A Y P U R - POSES OF SERVICE AS MEM B EROFA L AS K A TERRITORIAL G UARD DURING W ORLD WAR II. (a) I NGE NE RAL . — Service as a member of the Alas k a Territorial Guard during W orld War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act , 2 0 01( P ublic L aw 10 6– 2 59; 114 Stat. 705) shall be treated as active service for purposes of the computa- tion under chapter 61, 71, 3 71, 571, 871, or 1223 of title 10, U nited States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code. (b) A P PL IC A B ILI TY .—Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. N o retired pay shall be paid to any individual by reason of subsection (a) for any period before that date. (c) W O RL D WAR II DE F INED.—In this section, the term ‘ ‘World War II ’ ’ has the meaning given that term in section 101(8) of title 38, United States Code. Subti t leE—Com mi s s ary a ndN on - a p propriated F und I nstrumentality B en- e f its and O perations SEC. 65 1 . LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES OFFERING PERSONAL INFORMATION SERVICES TO MEM- BERS AND T H EIR DEPENDENTS. (a) I M PO S ITION OF LIMITATION.—Subchapter III of chapter 147 of title 10, United States Code, is amended by inserting after section 2492 the following new section: ‘ ‘ §249 2 a.Lim i t ati on on Dep a r tment o f Defen s e entities c om - petin gw it h pri v ate sector in offering persona l information services ‘‘(a) LIMITATION.—(1) Notwithstanding section 2492 of this title, the Secretary of Defense may not authorize a Department of Defense entity to offer or provide personal information services directly to users using Department resources, personnel, or equipment, or compete for contracts to provide such personal information services directly to users, if users will be charged a fee for the personal information services to recover the cost incurred to provide the services or to earn a profit. ‘‘(2) The limitation in paragraph (1) shall not be construed to prohibit or preclude the use of Department resources, personnel, Contrac t s.Ef f e ct iv e d ate. 10US C1 4 01 note.


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 123STA T . 23 69PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 orequipm e nt to ad mini s ter or f a c i l itate personal information ser v- ices contracts w it h private contractors .‘ ‘ (b)EXCEPTIONS . —T he limitation in subsection (a) shall not appl y if the S ecretary of D efense determines that— ‘‘( 1 ) a private sector vendor is not available to provide the personal information services at specific locations ‘‘( 2 ) the interests of the user population would be best served by allowin g the G overnment to provide such services; or ‘‘( 3 ) circumstances (as specified by the Secretary for pur- poses of this section) are such that the provision of such services by a Department entity is in the best interest of the Govern- ment or military users in general. ‘‘(c) P E R SON ALI N F OR M ATION SER V ICES DEFINE D .—In this sec- tion , the term ‘personal information services ’ means the provision of Internet, telephone, or television services to consumers.’’. (b) C LERICAL A MENDMENT.—The table of sections at the begin- ning of such subchapter is amended by inserting after section 2 49 2 the following new item

‘ 249 2 a.Lim i t ati on on Dep a r tment o f Defen s e entities c ompetin gw it h pri v ate sector in offering persona l information services. ’ ’. (c) EFFECT ON EXISTIN G CONTRACTS.—Section 2492a of title 1 0, U nited States Code, as added by subsection (a), does not affect the validity or terms of any contract for the provision of personal information services entered into before the date of the enactment of this Act. SEC.652 . R E PO R T O NIM P A CTO F P U RC H ASIN G FROM L OCAL D ISTRI B UTORS ALL ALCOHOLIC BE V ERAGES FOR RESALE ON MILITAR Y INSTALLATIONS ON GUAM. (a) R EPORT RE QU IRED.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the H ouse of Representatives a report evaluating the impact of reimposing the requirement, effective for fiscal year 2008 pursuant to section 80 7 3 of the Department of Defense Appropriations Act, 2008 (divi- sion A of Public L aw 110 – 11 6 x tended for fiscal year 2009, that all alcoholic beverages intended for resale on military installations on Guam be purchased from local sources. (b) ELEMENTS.—The report required by subsection (a) shall include the following: (1) The concerns of nonappropriated funds activities over the one-year imposition of the local-purchase requirement and the impact the requirement had on alcohol resale prices. (2) The stated j ustification for any change in the price of alcoholic beverages for resale on military installations on Guam. (3) The actions of the nonappropriated fund activities in complying with the local purchase requirements for resale of alcoholic beverages and their purchase of such affected products before and after the effective date of the provision of law referred to in subsection (a). (4) The extent to which nonappropriated funds activities on military installations on Guam are implementing the applicable Department of Defense instruction and the methods used to determine the resale price of alcoholic beverages. 10USC249 2 anote.
 * 121 Stat. 1331) but not e


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 123STA T . 23 70PUBLIC LA W 111 –84—O CT. 28 , 200 9Subti t leF—O t h e rMa tter sSEC.6 6 1 . LIM I TA TI ON S ON COLLECTION O F O V E RP A Y MENTS OF PAY AN D ALLO W ANCES ERRONEO U SLY PAID TO MEM B ERS. (a)MAXIMU MM ONTHLYPERC ENTA G EO F MEM B ER ’S PAY A UTHORI Z E D FOR D EDUCTION .— Pa r a g ra ph ( 3 ) ofsub s ecti o n (c) of section 10 0 7 of tit l e37 ,U nite dS tates C ode, is a m ended b y stri k ing ‘ ‘ 2 0 percent’’ and inserting ‘‘1 5 percent’’. (b) R E Q UESTS FOR DELAY IN RE P AYMENT.—Such paragraph is further amended— (1) by inserting ‘‘(A)’’ after ‘‘(3)’’ and (2) by adding at the end the follo w ing new subparagraph ‘‘( B ) I n all cases described in subparagraph (A), the Secretary concerned shall pro v ide a reasonable opportunity for the member to re q uest a delay in the imposition of the repayment requirement to recover the indebtedness. Before beginning collection efforts, the Secretary concerned shall consider the reasons provided by the member for the requested delay, including the financial ability of the member to repay the indebtedness, and the hardship that immediate collection would impose on the member and the mem - ber’s dependents.’’. (c) DELAY IN INSTITUTING COLLECTIONS F ROM W OUNDED OR IN J URED MEMBERS.—Paragraph ( 4 ) of such subsection is amended to read as follows: ‘‘(4)(A) If a member of the uniformed services, through no fault of the member, incurs a wound, in j ury, or illness while in the line of duty in a combat operation or combat z one designated by the President or the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member’s pay until— ‘‘(i) the member is notified of the overpayment; and ‘‘(ii) the later of the following occurs: ‘‘(I) T heendofthe1 8 0-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone. ‘‘(II) The end of the 9 0-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit outside of the the- ater of operations. ‘‘(B) Subparagraph (A) shall not apply if the member, after receiving notification of the overpayment, requests or consents to initiation at an earlier date of the collection of the overpayment of the pay or allowances.’’. (d) E FFECTI V E DATE.—The amendments made by this section shall apply only with respect to an overpayment of pay or allowances made to a member of the uniformed services after the date of the enactment of this Act. SEC. 66 2 . SENSE OF CON G RESS ON AIRFARES FOR MEMBERS OF T H E ARMED FORCES. It is the sense of Congress that— (1) all United States commercial air carriers should seek to lend their support with fle x ible, generous policies applicable to members of the Armed Forces who are traveling on leave or liberty at their own expense; and 37USC10 07 note.Tim e p e r io ds . N oti f i ca tion.


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 123STA T . 23 7 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)eachUnit e dS tate s ai r carrier ,fo ra l l m em b ers of the A rmed F orces w ho ha v e been g ranted leave or libert y and who are traveling by air at their own e xp ense, sho u ld — (A) see k to provide reduced air fares that are com - parable to the lowest airfare for ticketed flights and that eliminate to the maximum extent possible advance pur- chase re q uirements ( B ) seek to eliminate change fees or charges and any penalties; ( C ) seek to eliminate or reduce baggage and excess weight fees; ( D ) offer flexible terms that allow members to pur- chase, modify, or cancel tickets without time restrictions, and to waive fees (including baggage fees), ancillary costs, or penalties; and ( E ) seek to take proactive measures to ensure that all airline employees, particularly those who issue tickets and respond to members of the Armed Forces and their family members, are trained in the policies of the airline aimed at benefitting members of the Armed Forces who are on leave .SEC.6 6 3 . SE N SE OF CON GR ESS ON ES TABLI S HM ENT OF FLE X IBLE S P EN D ING ARRANGEMENTS FOR THE U NIFORMED SER V- ICES. (a) INGE NE RAL .—It is the sense of Congress that the Secretary of Defense, with respect to members of the Army, N avy, M arine Corps, and Air Force, the Secretary of H omeland Security, with respect to members of the Coast Guard, the Secretary of Health and Human Services, with respect to commissioned officers of the P ublic Health Service, and the Secretary of Commerce, with respect to commissioned officers of the National O ceanic and Atmospheric Administration, should establish procedures to implement flexible spending arrangements with respect to basic pay and compensation for health care and dependent care on a pre-tax basis in accordance with regulations prescribed under sections 106 (c) and 12 5 of the Internal R evenue Code of 1 98 6. (b) C O N SID ERA T IONS.—It is the sense of Congress that, in estab- lishing the procedures described by subsection (a), the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Commerce should consider life events of members of the uniformed services that are unique to them as members of the uniformed services, including changes relating to permanent changes of duty station and deploy- ments to overseas contingency operations. SEC. 66 4 . SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSA- TION , RETIREMENT, AND OTHER MILITAR Y PERSONNEL PROGRAMS. It is the sense of Congress that members of the Armed Forces and their families and survivors and military retirees deserve ongoing recognition and support for their service and sacrifices on behalf of the United States, and Congress will continue to be vigilant in identifying appropriate direct spending offsets that can be used to address shortcomings within those military personnel programs that incur mandatory spending obligations.


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 country after the repression of the revolt against the emperor Adrian, and had made numerous converts. Their creed, however, being based on the idea that they alone are the chosen people, was too exclusive for the majority of the Arabs, while the numerous and vexatious restrictions of its ritual and regulations for every-day life were but ill suited to the free and restless spirit of the sons of the desert.

At the time of Mohammed’s appearance the national religion of the Arabs had so far degenerated as to have scarcely any believers. The primeval Sabæanism was all but lost, and even the worship of the powers of nature had become little more than a gross fetishism; as one of Mohammed′s contemporaries said, when they found a fine stone they adored it, or, failing that, milked a camel over a heap of sand and worshipped that.

But by far the greater number had ceased to believe in anything at all; the pilgrimages, sacrifices, and worship of the tribal idols were still kept up, but rather for political and commercial reasons than as a matter of faith or conviction. Some, indeed, did consult the oracles, or vow an offering to their god in case of some desired event coming to pass; but, if their hopes were disappointed, the deity was assailed with childish abuse, while, if they succeeded, the vow was evaded by some less expensive sacrifice.

Yet the mere existence amongst them of Christians and of Jews caused the monotheistic idea to attract the attention of some of the more earnest and enquiring minds.

Amongst those who had endeavoured to search for the truth among the mass of conflicting dogmas and superstitions of the religions that surrounded them were Waraqah, the prophet′s cousin, and Zeid ibn ʿAmr, surnamed 'the Enquirer.'

These enquirers were known as ʿHanîfs, a word which originally meant 'inclining one’s steps towards anything,' and therefore signified either convert or pervert.

They did not constitute a united party, but each for himself investigated the truth. There was, however, another


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 123STA T . 23 7 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9TI T LEV II —H E A LTH C A R E P R O VI S IO N S Subti t leA—Improv eme n t s to H e a lt hB ene f its Se c.701 . P rohibition on conversion of militar y me d ical and dental positions to civil - ian medical and dental positions. Sec. 70 2 . Health care for members of the reserve components. Sec. 70 3 . E nhancement of transitional dental care for members of the reserve com- ponents on active duty for more than 30 days in support of a contin- g ency operation. Sec. 70 4 . E x pansion of survivor eligibility under TR I C ARE dental program. Sec. 70 5 . TRICARE Standard coverage for certain members of the Retired Reserve w ho are q ualified for a non-regular retirement but are not yet age 6 0. Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to M edicare part A hospital insurance benefits. Sec. 707. N otification of certain individuals regarding options for enrollment under Medicare part B. Sec. 70 8 . Mental health assessments for members of the Armed F orces deployed in connection with a contingency operation. Sec. 70 9 . Temporary TRICARE inpatient fee modification. Subtitle B—Health Care Administration Sec. 711. Comprehensive policy on pain management by the military health care system. Sec. 712. Administration and prescription of psychotropic medications for members of the Armed Forces before and during deployment. Sec. 713. Cooperative health care agreements between military installations and non-military health care systems. Sec. 714. Plan to increase the mental health capabilities of the D epartment of De- fense. Sec. 715. Department of Defense study on management of medications for phys- ically and psychologically wounded members of the Armed Forces. Sec. 716. L imitation on obligation of funds under defense health program informa- tion technology programs. Subtitle C— O ther Matters Sec. 721. Study and plan to improve military health care. Sec. 722. Study , plan, and pilot for the mental health care needs of dependent chil- dren of members of the Armed Forces. Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former members of the Armed Forces. Sec. 724. Department of Defense Tas k Force on the Care, Management, and Tran- sition of Recovering W ounded, Ill, and In j ured Members of the Armed Forces. Sec. 725. Chiropractic clinical trials. Sec. 726. Independent study on post-traumatic stress disorder efforts. Sec. 727. Report on implementation of requirements on the relationship between the TRICARE program and employer-sponsored group health plans. Sec. 728. Report on stipends for members of reserve components for health care for certain dependents. S ubti t le A—I mprov eme n t s to He a lt hB ene f its SEC.701 . PROHIB I T IO N ON CON V ERSION O FM I L IT A R Y ME D ICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS. Subsection(a) o f section 721 oft h e N ationa lD efense A utho r i z a - tion Act for F iscal Y ear 2 0 0 8 ( P ublic L a w 110 – 181 122 Stat . 1 9 8; 10 U .S. C . 129c note) is a m en d ed — (1) b y stri k in g‘ ‘during the p eriod beginning on ’ ’ and inserting ‘‘on or after’’; and (2) by striking ‘‘ , and ending on September 3 0, 2012’’.


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 123STA T . 23 7 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.702 . H E ALT HCA R E FO R M EM B ERS OF THE RESER V E COM P O -N ENTS. Section1074(d) (1)( B )o f tit l e10 ,U nited St a te sC ode, is a m ended by st r i k in g‘ ‘ 9 0 days ’ ’ and inserting ‘‘1 8 0 days’’ . SEC. 70 3 . ENHANCEMENT OF TRANS I TIONAL D ENTAL CARE FOR MEM- BERS OF THE RESERVE COMPONENTS ON ACTIVE D U T Y FOR MORE THAN 30 DAYS IN SUPPORT OF A CONTIN G ENCY OPERATION. Section 114 5 (a) of title 10, United States Code, is amended — (1) in p aragrap h (1)— ( A ) in the matter preceding s u bparagraph (A), by striking ‘‘paragraph ( 3 )’’ and inserting ‘‘paragraph (4)’’ and (B) in subparagraph (A), by inserting ‘‘e x cept as pro -v ided in paragraph (3),’’ before ‘‘medical and dental care’’; ( 2 ) by redesignating paragraphs (3), (4), (5), and ( 6 )as paragraphs (4), (5), (6), and (7), respectively; (3) by inserting after paragraph (2) the follo w ing new para- graph (3) ‘‘(3) I n the case of a member described in paragraph (2)(B), the dental care to which the member is entitled under this sub- section shall be the dental care to which a member of the uniformed services on active duty for more than 30 days is entitled under section 1074 of this title.’’; (4) in paragraph (4), as redesignated by paragraph (2) of this section, by striking ‘‘paragraph (6)’’ and inserting ‘‘para- graph (7)’’; and (5) in subparagraph (A) of paragraph (6), as redesignated by paragraph (2) of this section, by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’. SEC. 70 4 . E X PANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE DENTAL PROGRAM. P aragraph (3) of section 1076a(k) of title 10, United States Code, is amended to read as follows: ‘‘(3) Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the date of the member’s death, except that, in the case of a dependent of the deceased who is described by subparagraph ( D ) or (I) of section 1072(2) of this title, the period of continued eligibility shall be the longer of the following periods beginning on such date: ‘‘(A) T hree years. ‘‘(B) The period ending on the date on which such dependent attains 21 years of age. ‘‘(C) In the case of such dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member’s death, in fact dependent on the member for over one-half of such dependent’s support, the period ending on the earlier of the following dates: ‘‘(i) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary. ‘‘(ii) The date on which such dependent attains 23 years of age.’’. Timep e r i ods.


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 123STA T . 23 74PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.705 . TRI C A RE STA ND ARD C OV ERA G E F OR CERTAIN M EM B ERS OFT H E RETIRED RESERVE W HO ARE QU A L IFIED FOR A NON - REGULAR RETIREMENT BUT ARE NOT Y ET AGE 6 0. (a)INGE NE RAL.—Ch a pter5 5 of t i t l e 10,Un ite dS tate s Code, isa m ended by insertin g after se c tion 10 76 d the follo w ing new section

‘ §1076e.TRICA R Eprog r am: TRICARE St a nd ard c o v erage f or certa i n mem b er s oft h e Retired Reserve w ho are qu a l ified for a non - regular retirement but are not y et age 60 ‘ ‘(a) E L IG I B ILI TY .—(1) E x cept as pro v ided in paragraph ( 2 ),a member of the R etired Reserve of a reserve component of the armed forces who is qu alified for a non - regular retirement at age 60 under chapter 122 3 of this title, but is not age 60, is eligible for health benefits under T RIC A RE Standard as provided in this section. ‘‘(2) P aragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5. ‘‘(b) TER M INATI O NO F ELIGIBILITY U P ON O BTAINING OT H ER TRICARE STAN D ARD CO V ERAGE.—Eligibility for TRICARE Standard coverage of a member under this section shall terminate upon the member becoming eligible for TRICARE Standard coverage at age 60 under section 1086 of this title. ‘‘(c) F AMILY M EMBER S .— W hile a member of a reserve component is covered by TRICARE Standard under this section, the members of the immediate family of such member are eligible for TRICARE Standard coverage as dependents of the member. If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Standard coverage under this section shall continue for the same period of time that would be provided under section 1086 of this title if the member had been eligible at the time of death for TRICARE Standard coverage under such section (instead of under this section). ‘‘(d) PREMI U MS.—(1) A member of a reserve component covered by TRICARE Standard under this section shall pay a premium for that coverage. ‘‘(2) The Secretary of D efense shall prescribe for the purposes of this section one premium for TRICARE Standard coverage of members without dependents and one premium for TRICARE Standard coverage of members with dependents referred to in sub- section (f)(1). The premium prescribed for a coverage shall apply uniformly to all members of the reserve components covered under this section. ‘‘(3) The monthly amount of the premium in effect for a month for TRICARE Standard coverage under this section shall be the amount equal to the cost of coverage that the Secretary determines on an appropriate actuarial basis. ‘‘( 4 ) The Secretary shall prescribe the requirements and proce- dures applicable to the payment of premiums under this subsection. ‘‘(5) Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense H ealth Program Account under section 1100 of this title, shall be merged with sums in such Account that are available for the fiscal year Procedu re s.Ap p li c ab ili ty .


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 123STA T . 23 75PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inwh i c hc ol l e c t e d,a nd s hall b ea v ailable u nde r subsection ( b ) o f such section for such fiscal y ear .‘ ‘(e) REGULATIONS . —T he S ecretary of D efense, in consultation with the other ad m inisterin g Secretaries, shall p rescribe regulations for the administration of this section. ‘‘(f) DE F INITIONS.— I n this section ‘‘( 1 ) The term ‘immediate family ’, with respect to a member of a reserve component, means all of the member’s dependents described in subparagraphs ( A ), (D), and (I) of section 1 072 (2) of this title. ‘‘(2) The term ‘TRI C AR E Standard’ means— ‘‘(A) medical care to which a dependent described in section 107 6 (b)(1) of this title is entitled and ‘‘( B ) health benefits contracted for under the authority of section 10 8 6(a) of this title and sub j ect to the same rates and conditions as apply to persons covered under that section.’’. (b) CLE R I C ALA M EN D MENT.—The table of sections at the begin - ning of such chapter is amended by inserting after the item relating to section 1076d the following new item: ‘ ‘ 1076e.TRICA R Eprog r am: TRICARE St a nd ard c o v erage f or certa i n mem b er s oft h e Retired Reserve w ho are qu a l ified for a non - regular retirement but are not y et age 60. ’ ’. (c) EFFECTI V E DATE.—Section 1076e of title 10, U nited States Code, as inserted by subsection (a), shall apply to coverage for months beginning on or after O ctober 1, 200 9, or such earlier date as the Secretary of Defense may specify. SEC.706 . C ON S TRU CT IV EE L I G I B ILIT YF OR TRIC A RE BENEFITS OF CERTAIN P ERSONS OT H ER W ISE INELIGIBLE UN D ER RETROACTIVE DETER M INATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL INSURANCE BENEFITS. Section 1086(d) of title 10, United States Code, is amended— (1) by redesignating paragraph ( 4 ) as paragraph ( 5 ); and (2) by inserting after paragraph ( 3 ) the following new para- graph (4): ‘‘(4)(A) If a person referred to in subsection (c) and described by paragraph (2)(B) is subject to a retroactive determination by the Social Security Administration of entitlement to hospital insur- ance benefits described in paragraph (1), the person shall, during the period described in subparagraph (B), be deemed for purposes of health benefits under this section— ‘‘(i) not to have been covered by paragraph (1); and ‘‘(ii) not to have been subject to the re q uirements of section 1079(j)(1) of this title, whether through the operation of such section or subsection (g) of this section. ‘‘(B) The period described in this subparagraph with respect to a person covered by subparagraph (A) is the period that— ‘‘(i) begins on the date that eligibility of the person for hospital insurance benefits referred to in paragraph (1) is effec- tive under the retroactive determination of eligibility with respect to the person as described in subparagraph (A); and ‘‘(ii) ends on the date of the issuance of such retroactive determination of eligibility by the Social Security Administra- tion.’’. 10USC 10 76enot e .


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Page:United States Statutes at Large Volume 123.djvu/2396

 123STA T . 23 76PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.70 7. NOTIF IC A TION OF CE R TAIN IN D I V ID U A L SRE G ARDING O P TIONS FOR ENROLL M ENT UNDER MEDICARE PART B . (a)INGE NE RAL.—Ch a pter5 5 of t i t l e 10,Un ite dS tate s Code, isa m ended by addin g at the end the follo w ing new se c tion

‘ §1 11 0a.Notif i c atio n ofc er tain in d i v id u a ls re g arding o p tions for enroll m ent under M edicare part B‘ ‘(a) IN GENERAL.—(1) A s soon as practicable, the Secretary of D efense shall notify each indi v id u al described in subsection (b)— ‘‘(A) that the individual is no longer eligible for health care benefits under the TR ICAR E program under this chapter and ‘‘( B ) of options available for enrollment of the individual in the supplementary medical insurance program under part B of title XV III of the Social Security Act ( 42 U.S.C. 1 39 5 j et se q .). ‘‘(2) In carrying out this subsection, the Secretary of Defense shall— ‘‘(A) establish procedures for identifying individuals described in subsection (b); and ‘‘(B) consult with the Secretary of H ealth and Human Serv - ices to accurately identify and notify such individuals. ‘‘(b) IN DIV ID U AL S DES C RI B ED.—An individual described in this subsection is an individual who is— ‘‘(1) a covered beneficiary; ‘‘(2) entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c) under section 22 6 (b) or section 226A of such Act (42 U.S.C. 426(b) and 426 – 1); and ‘‘(3) eligible to enroll in the supplementary medical insur- ance program under part B of such title (42 U.S.C. 1395j et seq.). ’ ’. (b) CLERICAL A M ENDMEN T .—The table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 1110 the following new item: ‘ ‘ 1 11 0a.Notif i c atio n ofc er tain in d i v id u a ls re g arding o p tions for enroll m ent under M edicare part B . ’ ’. SEC. 70 8 . MENTAL H EALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLO Y ED IN CONNECTION W ITH A CONTINGENCY OPERATION. (a) M ENTAL HEALT H ASSESSMENTS.— (1) IN G ENERAL.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the provision of a person-to-person mental health assessment for each member of the Armed F orces who is deployed in connection with a contingency operation as fol- lows: (A) At a time during the period beginning 60 days before the date of deployment in connection with the contin- gency operation. (B) At a time during the period beginning 90 days after the date of redeployment from the contingency oper- ation and ending 180 days after the date of redeployment from the contingency operation. Deadlin e .Gu idan c e. T i m e p e r i o d s . 10USC 10 74f no t e. Consultation. P rocedures.


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 123STA T . 23 7 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(C)Subject t os ubsect i o n ( d ) , not la te r t h an each o f6m onths, 12 months, and 2 4 months after return from de p lo y ment . (2) EXCLUSION O F C ERTA IN M EM B ERS. —A mental health assessment is not re q uired for a member of the Armed F orces under subpara g raphs ( B ) and (C) of paragraph (1) if the Sec - retary determines that the member w as not subjected or e x posed to operational ris k factors during deployment in the contingency operation concerned. (b) P UR P OSE.— T he purpose of the mental health assessments pro v ided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health conditions identified among members of the Armed Forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions. (c) ELEMENTS.— (1) I N G ENERAL.—The mental health assessments provided pursuant to this section shall— (A) be performed by personnel trained and certified to perform such assessments and may be performed by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such profes- sionals to perform higher priority tasks (B) include a person-to-person dialogue between mem- bers of the Armed Forces described in subsection (a) and the professionals or personnel described by paragraph (1), as applicable, on such matters as the Secretary shall specify in order that the assessments achieve the purpose specified in subsection (b) for such assessments; (C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns; and ( D ) be provided in a consistent manner across the military departments. (2) TREATMENT OF CURRENT ASSESSMENTS.—The Secretary may treat periodic health assessments and other person-to- person assessments that are provided to members of the Armed Forces as of the date of the enactment of this Act as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section. (d) CESSATION OF ASSESSMENTS.— N o mental health assessment is required to be provided to an individual under subsection (a)(1)(C) after the individual ’ s discharge or release from the Armed Forces. (e) S H ARING OF INFORMATION.— (1) IN GENERAL.—The Secretary of Defense shall share with the Secretary of V eterans Affairs such information on members of the Armed Forces that is derived from confidential mental health assessments, including mental health assess- ments provided pursuant to this section and health assessments and other person-to-person assessments provided before the date of the enactment of this Act, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appro- priate to ensure continuity of mental health care and treatment of members of the Armed Forces during their transition from health care and treatment provided by the Department of Deadlin e .


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 123STA T . 23 78PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Def e ns e toh e al th c a r ean d treat m ent p ro vi ded by the Depart - ment of V eterans A ffairs .(2)PROT O C O LS . — Any sharin g of information u nder para- graph ( 1 ) shall occur pursuant to a protocol j ointly established by the S ecretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent w ith the following (A) Applicable provisions of the W ounded Warrior Act (title X V I of Public L aw 11 0– 1 8 1 10 U .S. C . 10 7 1 note) , including in particular, section 1 6 1 4 of that Act (122 Stat. 44 3 ( B ) Section 1720 F of title 38, United States Code. (f) CO N T I N GE NC YOP ER A TION DE F INE D .—In this section, the term ‘ ‘contingency operation ’ ’ has the meaning given that term in section 101(a)(13) of title 10, United States Code. (g) R EPORTS.— (1) REPORT ON G U IDANCE.—Upon the issuance of the guid- ance re q uired by subsection (a), the Secretary of Defense shall submit to Congress a report describing the guidance. (2) REPORTS ON I M PLEMENTATION OF GUIDANCE.— (A) INITIAL REPORT.— N ot later than 270 days after the date of the issuance of the guidance, the Secretary shall submit to Congress an initial report on the implementation of the guidance by the military depart- ments. (B) SU B SE Q UENT REPORT.—Not later than two years after the date of the issuance of the guidance, the Secretary shall submit to Congress a report on the implementation of the guidance by the military departments. T he report shall include an evidence-based assessment of the effective- ness of the mental health assessments provided pursuant to the guidance in achieving the purpose specified in sub- section (b) for such assessments. SEC.709 . T E MPORA R Y TR I CARE I N PATIENT F EE MO D IFICATION. Section 1086(b)(3) of title 10, United States Code, is amended by stri k ing ‘‘September 30, 200 9 ’’ and inserting ‘‘September 30, 2010’’. Subti t leB—H e a lt hC a r e Adm i n i s trati o n SEC. 7 1 1. COMPRE H ENSI V EPO L ICY ON PAIN MANA G EMENT B Y THE MILITARY HEALTH CARE SYSTEM. (a) COMPRE H ENSI V E POLICY REQUIRED.—Not later than M arch 31, 2011, the Secretary of Defense shall develop and implement a comprehensive policy on pain management by the military health care system. (b) SCOPE OF POLICY.—The policy required by subsection (a) shall cover each of the following: (1) The management of acute and chronic pain. (2) The standard of care for pain management to be used throughout the Department of Defense. (3) The consistent application of pain assessments through- out the Department of Defense. Deadlin e .10USC 10 7 1 n ot e.
 * 10 U.S.C. 1071 note).


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 123STA T . 23 79PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (4)Theas s ur a nc e ofp ro m p t an d appropr i ate pain care treatment and mana g ement by the D epartment w hen medica l ly necessary . ( 5 ) P rograms of research related to acute and chronic pain , including pain attributable to central and peripheral ner v ous system damage characteristic of in j uries incurred in modern warfare, brain injuries, and chronic migraine headache. ( 6 ) Programs of pain care education and training for health care personnel of the Department. ( 7 ) Programs of patient education for members suffering from acute or chronic pain and their families. (c) UPDATES . — The S ecretary shall revise the policy re q uired by subsection (a) on a periodic basis in accordance with e x perience and evolving best practice guidelines. (d) AN N U A LR EP OR T.— ( 1 ) I N G ENERAL.— N ot later than 1 80 days after the date of the commencement of the implementation of the policy required by subsection (a), and on O ctober 1 each year there - after through 2 018, the Secretary shall submit to the C ommittee on Armed Services of the Senate and the Committee on Armed Services of the H ouse of Representatives a report on the policy. (2) E LE M ENTS.—Each report required by paragraph (1) shall include the following (A) A description of the policy implemented under sub- section (a), and any revisions to such policy under sub- section (c). ( B ) A description of the performance measures used to determine the effectiveness of the policy in improving pain care for beneficiaries enrolled in the military health care system. (C) An assessment of the adequacy of Department pain management services based on a current survey of patients managed in Department clinics. (D) An assessment of the research projects of the Department relevant to the treatment of the types of acute and chronic pain suffered by members of the Armed F orces and their families. (E) An assessment of the training provided to Depart- ment health care personnel with respect to the diagnosis, treatment, and management of acute and chronic pain. (F) An assessment of the pain care education programs of the Department. ( G ) An assessment of the dissemination of information on pain management to beneficiaries enrolled in the mili- tary health care system. SEC.712 . ADMIN IS TR ATI O N AND P RESCRIPTION O F PS Y C H OTROPIC MEDICATIONS FOR MEM B ERS OF THE ARMED FORCES BEFORE AND D U RIN G DEP L OYMENT. (a) REPORT RE Q U I RED.—Not later than October 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of policy guidance dated November 7, 2006, regarding deployment-limiting psychiatric condi- tions and medications. (b) POLI CY REQUIRED.—Not later than October 1, 2010, the Secretary shall establish and implement a policy for the use of Deadlin e .10USC 10 74f n ot e.


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 123STA T . 23 80PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9psychotr op i c med ic a tio n s f or dep l oyed mem b ers of the A rmed F orces .T he policy shall , at a minim u m, address the follo w in g:(1) The circumstances or diagnosed conditions for which such medications may be administered or prescribed. ( 2 ) The medical personnel who may administer or prescribe such medications. ( 3 ) The method in which the administration or prescription of such medications will be documented in the medical records of members of the Armed Forces. ( 4 )Thee x am, treatment, or other care that is re q uired following the administration or prescription of such medica - tions. SEC.713 .C O O P E RATIV E H EA L TH CARE A G REE M E N TS B ET W EEN MILI - TAR Y INSTALLATIONS AN D NON-MILITARY HEALTH CARE SYSTEMS. (a) A UTHORI T Y . — The S ecretary of D efense may establish cooperati v e health care agreements between military installations and local or regional health care systems. (b) REQ UIRE M E N T S .— I n establishing an agreement under sub- section (a), the Secretary shall— (1) consult with— (A) the Secretary of the military department concerned ( B ) representatives from the military installation selected for the agreement, including the TRI C AR E man- aged care support contractor with responsibility for such installation; and (C) Federal, State, and local government officials; (2) identify and analy z e health care services available in the area in which the military installation is located, including such services available at a military medical treatment facility or in the private sector (or a combination thereof); (3) determine the cost avoidance or savings resulting from innovative partnerships between the Department of Defense and the private sector; and (4) determine the opportunities for and barriers to coordi- nating and leveraging the use of existing health care resources, including such resources of Federal, State, local, and private entities. (c) ANNU AL RE P ORTS.— N ot later than December 31 of each year an agreement entered into under this section is in effect, the Secretary shall submit to the congressional defense committees a report on each such agreement. Each report shall include, at a minimum, the following: (1) A description of the agreement. (2) Any cost avoidance, savings, or increases as a result of the agreement. (3) A recommendation for continuing or ending the agree- ment. (d) RULE O F CONSTRU C TION.—Nothing in this section shall be construed as authorizing the provision of health care services at military medical treatment facilities or other facilities of the Depart- ment of Defense to individuals who are not otherwise entitled or eligible for such services under chapter 5 5oftitle1 0, U nited States Code. Det e rmina ti o n . Determination. C on sul tation. 10US C10 73 note.


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 123STA T . 23 8 1 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9SEC.714 . PLANTOI NC R EASE T H E M ENTAL HEALTH CAPA B ILITIES O F THE D EPARTMENT OF DEFENSE. (a)INCREAS E DAUTHO R IZ ATIONS .—Notl at er t h a n180d a ys a f ter the date of the ena c t m ent of th i s Act , the S ecretary of each military de p artment shall increase the n u m b er of acti v e duty mental health personnel authori z ed for the department under the j urisdiction of the Secretary in an amount e q ual to the sum of the follo w in g amounts (1) T he greater of— (A) the amount identified on personnel authorization documents as required but not authorized to be filled or ( B ) the amount that is 25 percent of the amount identi - fied on personnel authorization documents as authorized. (2) The amount required to fulfill the requirements of sec- tion 7 08, as determined by the Secretary concerned. (b) R E P ORT AND PL ANONTHERE Q UIRED NU MB ERO FM ENTAL H EALTH PERSONNEL.— (1) IN G ENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of D efense shall submit to the congressional defense committees a report on the appropriate number of mental health personnel required to meet the mental health care needs of members of the Armed F orces, retired members, and dependents. The report shall include, at a minimum, the following: (A) An evaluation of the recommendation titled ‘ ‘ E nsure an Adequate Supply of U niformed Providers ’ ’ made by the Department of Defense Tas k Force on Mental Health established by section 72 3 of the National Defense Authorization Act for Fiscal Y ear 200 6 (Public L aw 10 9– 163; 119 Stat. 33 4 8). (B) The criteria and models used to determine the appropriate number of mental health personnel. ( C ) The plan under paragraph (2). (2) PLAN.—The Secretary shall develop and implement a plan to significantly increase the number of military and civilian mental health personnel of the Department of Defense by September 30, 2013. The plan may include the following: (A) The allocation of scholarships and financial assist- ance under the Health Professions Scholarship and Finan- cial Assistance Program under subchapter I of chapter 105 of title 10, United States Code, to students pursuing advanced degrees in clinical psychology and other mental health professions. (B) The offering of accession and retention bonuses for psychologists pursuant to section 620 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4489). (C)Ane x pansion of the capacity for training doctoral- level clinical psychologists at the Uniformed Services University of the Health Sciences. (D) An expansion of the capacity of the Department of Defense for training masters-level clinical psychologists and social workers with expertise in deployment-related mental health disorders, such as post-traumatic stress dis- order. Deadlin e .10USC 10 7 1 n ot e.


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 123STA T . 23 8 2 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(E)Thed e tailofc o m mi s sio n ed office r softhe A rmed F orces to accredited schools of p s y cholo g y for training leading to a doctoral degree in clinical psychology or social w or k. (F) The reassignment of military mental health per - sonnel from administrati v e positions to clinical positions ins u pport of military units. ( G ) The offering of civilian hiring incentives and b onuses and the use of direct hiring authority to increase the number of mental health personnel of the D epartment of Defense. ( H ) S uch other mechanisms to increase the number of mental health personnel of the Department of Defense as the Secretary considers appropriate. (c) REPORT O N A D D I TION ALOF FI C ER OR ENLI S TED M ILITAR Y SPECIALTIES FOR MENTAL HEALT H . — ( 1 ) REPORT.— N ot later than 1 20 days after the date of the enactment of this Act , the Secretary shall submit to the congressional defense committees a report setting forth the assessment of the Secretary of the feasability and advisability of establishing one or more military mental health specialities for officers or enlisted members of the Armed Forces in order to better meet the mental health care needs of members of the Armed Forces and their families. (2) ELE M ENTS.—The report re q uired by paragraph (1) shall set forth the following (A) A recommendation as to the feasability and advis- ability of establishing one or more military mental health specialities for officers or enlisted members of the Armed Forces. ( B ) For each military specialty recommended to be established under subparagraph (A)— (i) a description of the qualifications required for such speciality, which shall reflect lessons learned from best practices in academia and the civilian health care industry regarding positions analogous to such spe- cialty and (ii) a description of the incentives or other mecha- nisms, if any, that would be advisable to facilitate recruitment and retention of individuals to and in such specialty. SEC.715 . D E PARTM E N T OF DEFENSE ST U D Y ON MANA G EMENT OF MED I CATIONS FOR P H YSICA L LY AND PSYCHOLOGICALLY W OUNDED MEM B ERS OF THE ARMED FORCES. (a) ST U DY RE Q UIRED.—The Secretary of Defense shall conduct a study on the management of medications for physically and psychologically wounded members of the Armed Forces. (b) ELEMENTS.—The study required under subsection (a) shall include the following: (1) A review and assessment of current practices within the Department of Defense for the management of medications for physically and psychologically wounded members of the Armed Forces. (2) A review and analysis of the published literature on the risks associated with the administration of medications,


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 123STA T . 23 8 3 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9includ in ga ccid e n t al and intenti o nal o v e r do s es , under and over m edication, and adverse interactions among medications .(3)A n identi f ication of t h e medical conditions, and of the p atient management procedures of the D epartment of Defense, that ma y increase the ris k s associated w ith the administration of medications in populations of mem b ers of the Armed F orces. ( 4 ) An assessment of current and best practices in the Armed Forces, other departments and agencies of the Federal G overnment, and the private sector concerning the prescription, distribution, and management of medications, and the associ - ated coordination of care. ( 5 ) An identification of means for decreasing the risks associated with the administration of medications and associ- ated problems with respect to physically and psychologically wounded members of the Armed Forces. (c) REPORT . —N ot later than April 1, 20 10, the S ecretary of Defense shall submit to the C ommittees on Armed Services of the Senate and the H ouse of Representatives a report on the study re q uired under subsection (a). T he report shall include such findings and recommendations as the Secretary considers appropriate in light of the study. SEC.716 . LIM I TA TI ON ONO B LI G ATION O F F U N D S UNDE R DEFENSE H EALTH P ROGRAM INFORMATION TECHNOLOG Y PRO - GRAMS. (a) LIM IT A TIO N .— O f each amount described in subsection (c), not more than 50 percent of the amount remaining unobligated as of the date of the enactment of this Act may be obligated until 30 days after the Deputy Secretary of Defense, acting in the capacity of Chief M anagement Officer of the Department of Defense pursuant to section 132 of title 10, U nited States Code, submits to the congressional defense committees a report in accord- ance with subsection (b). (b) REPORT.—The report required under subsection (a) shall be on improvements to the governance and e x ecution of health information management and information technology programs planned and programmed to electronically support clinical medical care within the military health system. Such report shall include each of the following (1) An assessment of the capability of the enterprise architecture to achieve optimal clinical practices and health care outcomes. (2) For each health information management and informa- tion technology program covered by the report, an identification and assessment of the risks associated with achieving the timelines and goals of the program. (3) A plan of action to mitigate the risks identified under paragraph (2). (4) An assessment of the appropriateness of the health information management and information technology technical architecture and whether that architecture leverages the cur- rent best practices of industry, including the ability to meet the interoperability standards required by section 1 6 35 of the W ounded Warrior Act (title XVI of P ublic Law 110 – 1 8 1 10 U.S.C. 10 7 1 note), as amended by section 252 of the Duncan Hunter National Defense Authori z ation Act for Fiscal Y ear for 200 9 (Public Law 110-417; 122 Stat. 4400). Deadlin e .


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 123STA T . 23 84PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(5)Anas s e ss m en t,i n co o rd ination w it h the S ecretar y o fV eterans Affairs, of — (A) the ca p a b i l ity of the D epartment of Defense of meetin g the re qu irements for j oint interoperability with the Department of Veterans Affairs, as required by such section 163 5 and ( B ) the progress the Secretary of Defense and the Sec - retary of Veterans Affairs ha v e made on the establishment of a joint virtual lifetime electronic record for members of the Armed F orces . (6)Aplantota k e corrective actions that are necessary to remedy shortfalls identified as a result of the assessments under this subsection. ( 7 ) An assessment of the estimated resources required in future years to achieve optimal information technology support for health care clinical practice and quality and compliance with the requirements of such section 1635. ( 8 ) An analysis of the methods by which the O ffice of the Assistant Secretary of Defense for H ealth Affairs procures health information management and information technology goods and services, and of the appropriateness of the application of legal and acquisition authorities. ( 9 ) An analysis of the capabilities of the Office of the Assistant Secretary of Defense for Health Affairs to carry out necessary governance, management, and development functions of health information management and information technology systems, including— (A) the recommendations of the Assistant Secretary for improvements to the Office or alternative organi z ational structures for the Office; and (B) alternative organizations within the Department of Defense with equal or greater management capabilities for health information management and information tech- nology. (1 0 ) A recommendation as to whether health information management and information technology systems of the Depart- ment of Defense should be included in and subject to the requirements of section 2 222 of title 10, U nited States C ode. (c) C OVER E D A UTH OR IZA TIO NS ORA P PROPRIATIONS.—Amounts described in this section are the following amounts authorized to be appropriated for the Department of Defense for fiscal year 2010 (1) Of the amounts authorized to be appropriated for oper- ation and maintenance for the Defense Health P rogram (DHP IM/ I T Support Program), $ 116,200,000. (2) Of the amounts authorized to be appropriated for procurement for the Defense Health Program, $1 4 4,600,000. (3) Of the amounts authorized to be appropriated for information technology development (program element 65013), $124,400,000. (d) CO M PTRO L LER G ENERAL R EVIE W .— N ot later than 30 days after the Deputy Secretary submits the report required under sub- section (a), the Comptroller General of the United States shall submit to the congressional defense committees the results of an assessment carried out by the Comptroller General of the report and plan of action to achieve Department goals and mitigate risk in the management and e x ecution of health information manage- ment and information technology programs. Deadlin e .As sess m en t .


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 123STA T . 23 85PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Subti t leC—O t h e rMa tter sSEC.721 .S TUDYAN D PL ANT OIM P R O V E MILITARY H EALTH CARE. (a)STUDYAN D REPOR TRE Q U I RED .—Notl at er t h a n one y ear a f ter the d ate of the ena c t m ent of th isA ct , the Secretary of D efense shall s ub mit to the con g ressional defense committees a re p ort on the health care needs of dependents (as defined in section 1072 (2) of title 10, U nited States C ode). T he report shall include, at a minimum, the follo w ing (1) W ith respect to both the direct care system and the purchased care system, an analysis of the type of health care facility in which dependents see k care. (2) The 10 most common medical conditions for which dependents seek care. ( 3 )Thea v ailability of and access to health care providers to treat the conditions identified under paragraph (2), both in the direct care system and the purchased care system. ( 4 ) Any shortfalls in the ability of dependents to obtain re q uired health care services. ( 5 ) Recommendations on how to improve access to care for dependents. ( 6 ) With respect to dependents accompanying a member stationed at a military installation outside of the United States, the need for and availability of mental health care services. (b) E N H AN C ED M I L ITARY H EALTH SY S TE M AND I MPRO V ED TRICARE.— (1) IN G ENERAL.—The Secretary of Defense, in consultation with the other administering Secretaries, shall undertake actions to enhance the capability of the military health system and improve the TRICARE program. (2) ELEMENTS.—In undertaking actions to enhance the capability of the military health system and improve the TRICARE program under paragraph (1), the Secretary shall consider the following actions: (A) Actions to guarantee the availability of care within established access standards for eligible beneficiaries, based on the results of the study required by subsection (a). ( B ) Actions to e x pand and enhance sharing of health care resources among F ederal health care programs, including designated providers (as that term is defined in section 721(5) of the National Defense Authori z ation Act for Fiscal Y ear 1 9 97( P ublic L aw 104 - 201 110 Stat. 2593; 10 U.S.C. 1073 note)). (C) Actions using medical technology to speed and sim- plify referrals for specialty care. (D) Actions to improve regional or national staffing capabilities in order to enhance support provided to mili- tary medical treatment facilities facing staff shortages. (E) Actions to improve health care access for members of the reserve components and their families, including such access with respect to mental health care and consid- eration of access issues for members and their families located in rural areas. (F) Actions to ensure consistency throughout the TRICARE program to comply with access standards, which 10USC 10 7 1 note.


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 123STA T . 23 86PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9are a p p lic a b le to bot h co m ma nd er s o f militar y treatment facilities and mana g ed care s u pport contractors .(G)A ctions to create ne w budgeting and resource allocation methodologies to fully support and incenti v i z e care provided by military treatment facilities. ( H ) Actions regarding additional financing options for health care provided by civilian providers. ( I ) Actions to reduce administrative costs. ( J ) Actions to control the cost of health care and pharmaceuticals. ( K ) Actions to audit the D efense E nrollment Eligibility R eporting S ystem to improve system chec k s on the eligi - bility of T RI C ARE beneficiaries. ( L ) Actions , including a comprehensive plan, for the enhanced availability of prevention and wellness care. ( M ) Actions using technology to improve direct commu- nication with beneficiaries regarding health and preventive care. ( N ) Actions to create performance metrics by which to measure improvement in the TRICARE program. ( O ) Such other actions as the Secretary, in consultation with the other administering Secretaries, considers appro- priate. (c) QUALITY A S SU R A NCE . — In undertaking actions under this section, the Secretary of Defense and the other administering Secre- taries shall continue or enhance the current level of q uality health care provided by the Department of Defense and the military departments with no adverse impact to cost, access, or care. (d) C O NSULTATION.—In considering actions to be undertaken under this section, and in undertaking such actions, the Secretary shall consult with a broad range of national health care and military advocacy organizations. (e) RE P ORTS RE Q UIRE D .— ( 1 ) INITIAL REPORT.—Not later than 1 80 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an initial report on the progress made in undertaking actions under this section and future plans for improvement of the military health system. ( 2 ) REPORT REQUIRED W IT HF ISCAL YEAR 201 2 B UD G ET PRO- POSAL.—Together with the budget j ustification materials sub- mitted to Congress in support of the Department of Defense budget for fiscal year 2012 (as submitted with the budget of the P resident under section 110 5 (a) of title 3 1, U nited States Code), the Secretary shall submit to the congressional defense committees a report setting forth the following (A) Updates on the progress made in undertaking actions under this section. ( B ) F uture plans for improvement of the military health system. (C)Ane x planation of how the budget submission may reflect such progress and plans. (3) PERIODIC REPORTS.—The Secretary shall, on a periodic basis, submit to the congressional defense committees a report on the progress being made in the improvement of the TRICARE program under this section. ( 4 ) ELE M ENTS.—Each report under this subsection shall include the following:


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 123STA T . 23 87PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(A) A descript i ona nd assess m ent o f t h e pro g ress made asofthedateofs u ch report in the impro v ement of the TRIC AR E program . ( B ) S uch recommendations for administrative or l egis - lative action as the Secretar y considers appropriate to e x pe- dite and enhance the improvement of the TRICARE pro- gram. (f) DEFIN I T I O N S . — In this section ( 1 ) The term ‘ ‘administering Secretaries ’ ’ has the meaning given that term in section 1 072 ( 3 ) of title 10 ,U nited States Code. (2) The term ‘‘TRICARE program’’ has the meaning given that term in section 1072(7) of title 10, United States Code. SEC.72 2.S TUDY,PLAN ,ANDP I L O T F O R T H E M ENTAL HEALTH CARE NEEDS OF DEPENDENT CHILDREN OF MEM B ERS OF THE ARMED FORCES. (a) RE P O R T A N DPL ANONT H E M ENTAL H EALTH CARE AND CO U NSELIN G SER V I C ES AVAILA B LE TO MILITAR Y CHILDREN.— (1) IN GENERAL.—The Secretary of Defense shall conduct a comprehensive revie w of the mental health care and coun- seling services availa b le to dependent children of members of the Armed F orces through the Department of Defense. (2) ELE M ENTS.—The review under paragraph (1) shall include an assessment of the following: (A) The availability, q uality, and effectiveness of Department of Defense programs intended to meet the mental health care needs of military children. (B) The availability, quality, and effectiveness of Department of Defense programs intended to promote resil- iency in military children in coping with deployment cycles, in j ury, or death of military parents. (C) The extent of access to, adequacy, and availability of mental health care and counseling services for military children in military medical treatment facilities, in family assistance centers, through Military O neSource, under the TRICARE program, and in Department of Defense Edu- cation Activity schools. (D) W hether the status of a member of the Armed Forces on active duty, or in reserve active status, affects the access of a military child to mental health care and counseling services. (E) Whether, and to what extent, waiting lists, geographic distance, and other factors may obstruct the receipt by military children of mental health care and counseling services. (F) The extent of access to, availability, and viability of speciali z ed mental health care for military children (including adolescents). ( G ) The extent of any gaps in the current capabilities of the Department of Defense to provide preventive mental health services for military children. (H) Such other matters as the Secretary considers appropriate. (3) REPORT.— N ot later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House Revi e w.10USC 10 7 7 not e.


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 123STA T . 23 8 8 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9ofRepr e s e nta t iv esareportont h e revie wc on du cted under para g raph (1), inc l uding the findings and reco m mendations of the S ecretar y as a result of the review . ( b ) COMPREH E NSIV E PLA N F OR I MPROVEMEN T SIN AC CESS TO CARE AN D CO U NSELIN G . —T he Secretary shall develop and imple - ment a comprehensive plan for improvements in access to q uality mental health care and counseling services for military children in order to develop and promote psychological health and resilience in children of deploying and deployed members of the Armed F orces. The information in the report required by subsection (a) shall provide the basis for the development of the plan. (c) PILOT PROGRAM.— (1) E LEMENTS.—The Secretary of the Army shall carry out a pilot program on the mental health care needs of military children and adolescents. In carrying out the pilot program, the Secretary shall establish a center to— (A) develop teams to train primary care managers in mental health evaluations and treatment of common psy- chiatric disorders affecting children and adolescents ( B ) develop strategies to reduce barriers to accessing behavioral health services and encourage better use of the programs and services by children and adolescents; and (C) e x pand the evaluation of mental health care using common indicators, including— (i) psychiatric hospitali z ation rates; (ii) non-psychiatric hospitalization rates; and (iii) mental health relative value units. ( 2 ) REPORTS.— (A) N ot later than 90 days after establishing the pilot program, the Secretary of the Army shall submit to the congressional defense committees a report describing the— (i) structure and mission of the program; and (ii) the resources allocated to the program. (B) Not later than September 3 0, 2012, the Secretary of the Army shall submit to the congressional defense committees a report that addresses the elements described under paragraph (1). SEC.723 .C LIN IC A L TR IAL O NCO G NITI V ERE H A B ILITATIVE THERA PYF OR M EMBERS AN D FORMER MEMBERS OF THE ARMED FORCES. (a) CLINICAL TRIAL RE Q UIRED.—The Secretary of D efense shall provide for a clinical trial to assess the efficacy of cognitive rehabili- tative therapy for members or former members of the Armed Forces described in subsection (b). (b) COVERED M EM B ERS AND FORMER MEMBERS.—A member or former member of the Armed Forces described in this subsection is a member or former member of the Armed Forces who— (1) has been diagnosed with a traumatic brain in j ury (TBI) incurred in the line of duty in O peration Iraqi Freedom or Operation Enduring Freedom; and (2) is referred by a qualified physician, as determined by the Secretary, for cognitive rehabilitative therapy. (c) FUNDING.—


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 123STA T . 23 89PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 (1)INGE NE RAL.—Thetrial re qu ire dbys ubse c ti on (a) shall be f unded as a m edical research p ro j ect usin g amounts author - i z ed to be appropriated for D efense H ealth P rogram for research and de v elopment. ( 2 )PR OHIB I T ION ON US EO FC ERTAIN FUN D S.— A mounts in the Department of Defense M edicare- E ligible R etiree Health C are F und under chapter 56 of title 1 0,U nited S tates Code, may not be used to carry out the provisions of this section. (d) RE P ORTS.— (1) REPORT ON PLAN AND DESIGN FOR TRIAL.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a plan for the conduct of the trial required by subsection (a), including a description of the proposed design of the trial. (2) FINAL REPORT.—Not later than one year after the completion of the trial required by subsection (a), the Secretary shall submit to the congressional defense committees a report setting forth, at a minimum, the follo w ing (A) An assessment of the efficacy of cognitive rehabili- tative therapy in treating traumatic brain injury in mem- bers and former members of the Armed Forces described in subsection (b). ( B ) Such recommendations as the Secretary considers appropriate on means to provide increased access to safe, effective, and quality cognitive rehabilitative therapy serv- ices for such members and former members, including rec- ommendations regarding the following: (i) Procedures for access of such members and former members to cognitive rehabilitative therapy services, including appropriate treatment plans and outcome measures. (ii) Q ualifications and supervisory requirements for licensed and certified health care professionals in the provision of such services to such members and former members. (iii) A methodology for reimbursing providers of such services in the provision of such services to such members and former members. (C) The recommendation of the Secretary as to the advisability of including cognitive rehabilitative therapy as a benefit under the TRICARE program. SEC.724 . D E PARTM E N T OF DEFENSE TAS K FORCE ON T H E CARE , MANA G EMENT, AND TRANS I TION OF RECO V ERING W O U NDED, I L L, AND IN J URED MEM B ERS OF THE ARMED FORCES. (a) ESTABLISH M ENT.— (1) IN GENERAL.—The Secretary of Defense shall establish within the Department of Defense a tas k force to be known as the ‘ ‘Department of Defense Task Force on the Care, Manage- ment, and Transition of Recovering W ounded, Ill, and Injured Members of the Armed Forces ’ ’ (in this section referred to as the ‘‘Task Force’’). (2) PURPOSE.—The purpose of the Task Force shall be to assess the effectiveness of the policies and programs devel- oped and implemented by the Department of Defense, and


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 123STA T . 23 90PUBLIC LA W 111 –84—O CT. 28 , 2009 byeachoft he mil ita r y d e p artme n t s, to assist and s u pport the care, mana g ement, and transition of reco v ering w ounded, ill, and in j ured members of the A rmed F orces, and to ma k e recommendations for the continuous improvement of such poli - cies and programs .(3)RELATION TO S ENIO R O V ERSI GH T C O M MITTEE. —T he S ec- retary shall ensure that the Task Force is independent of the Senior O versight C ommittee (as defined in section 726 (c) of the D uncan H unter N ational Defense Authori z ation Act for Fiscal Y ear 2 0 0 9 ( P ublic L aw 1 10 –4 17 122 Stat. 4 5 09)). (b) COM P OSITION.— (1) M EM B ERS.—The Task Force shall consist of not more than 14 members, appointed by the Secretary of Defense from among the individuals as described in paragraph (2). (2) COVERE D INDIVID U ALS.—The individuals appointed to the Task Force shall include the following (A) At least one member of each of the regular compo- nents of the Army, the Navy, the Air Force, and the Marine Corps. ( B ) One member of the National G uard. (C) One member of a reserve component of the Armed Forces other than National Guard. (D) A number of persons from outside the Department of Defense e q ual to the total number of personnel from within the Department of Defense (whether members of the Armed Forces or civilian personnel) who are appointed to the Task Force. ( E ) Persons who have e x perience in— (i) medical care and coordination for wounded, ill, and injured members of the Armed Forces; (ii) medical case management; (iii) non-medical case management; (iv) the disability evaluation process for members of the Armed Forces; (v) veterans benefits; (vi) treatment of traumatic brain injury and post- traumatic stress disorder; (vii) family support; (viii) medical research; (ix) vocational rehabilitation; or (x) disability benefits. (F) At least one family member of a wounded, ill, or injured member of the Armed Forces or veteran who has experience working with wounded, ill, and injured members of the Armed Forces or their families. (3) I NDIVIDUALS APPOINTED F ROM W ITHIN DEPARTMENT OF DEFENSE.—At least one of the individuals appointed to the Task Force from within the Department of Defense shall be the surgeon general of an Armed Force. (4) INDIVIDUALS APPOINTED FROM OUTSIDE DEPARTMENT OF DEFENSE.—The individuals appointed to the Task Force from outside the Department of Defense— (A) with the concurrence of the Secretary of V eterans Affairs, shall include an officer or employee of the Depart- ment of Veterans Affairs; and


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 123STA T . 23 9 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (B)mayinclude indi v idual sfro mo th er de p artments ora g encies of the F ederal G overnment , from S tate and local agencies, or from the private sector . ( 5 ) DEADLIN E FOR A P POIN TM ENT S . —A ll original appoint - ments to the T as k Force shall b e made not later than 120 days after the date of the enactment of this Act. ( 6 ) C O- CH AIRS.—There shall be t w o co-chairs of the Task Force. O ne of the co-chairs shall be designated by the Secretary of Defense at the time of appointment from among the individ- uals appointed to the Task Force from within the Department of Defense. The other co-chair shall be selected from among the individuals appointed from outside the Department of Defense by those individuals. (c) ANN U AL R EPORT.— (1) I N G ENERAL.— N ot later than 12 months after the date on which all members of the Task Force have been appointed, and each year thereafter for the life of the Task Force, the Task Force shall submit to the Secretary of Defense a report on the activities of the Task Force and the activities of the Department of Defense and the military departments to assist and support the care, management, and transition of recovering wounded, ill, and in j ured members of the Armed Forces. The report shall include the following (A) The findings and conclusions of the Task Force as a result of its assessment of the effectiveness of the policies and programs developed and implemented by the Department of Defense, and by each of the military depart- ments, to assist and support the care, management, and transition of recovering wounded, ill, and injured members of the Armed Forces. (B) A description of best practices and various ways in which the Department of Defense and the military departments could more effectively address matters relating to the care, management, and transition of recov- ering wounded, ill, and injured members of the Armed Forces, including members of the regular components, and members of the reserve components, and support for their families. (C) A plan for the activities of the Task Force in the year following the year covered by the report. (D) Such recommendations for other legislative or administrative action as the Task Force considers appro- priate for measures to improve the policies and programs described in subparagraph (A). (2) M ETHODOLOG Y .—For purposes of the reports, the Task Force— (A) shall conduct site visits and interviews as the Task Force considers appropriate (B) may consider the findings and recommendations of previous reviews and evaluations of the care, manage- ment, and transition of recovering wounded, ill, and injured members of the Armed Forces; and (C) may use such other means for directly obtaining information relating to the care, management, and transi- tion of recovering wounded, ill, and injured members of the Armed Forces as the Task Force considers appropriate.