S 944 ISCommentsClose CommentsPermalink

To amend title 10, United States Code, to require the Secretaries of the military departments to give wounded members of the reserve components of the Armed Forces the option of remaining on active duty during the transition process in order to continue to receive military pay and allowances, to authorize members to reside at their permanent places of residence during the process, and for other purposes.CommentsClose CommentsPermalink

April 30, 2009CommentsClose CommentsPermalink

Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

To amend title 10, United States Code, to require the Secretaries of the military departments to give wounded members of the reserve components of the Armed Forces the option of remaining on active duty during the transition process in order to continue to receive military pay and allowances, to authorize members to reside at their permanent places of residence during the process, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Wounded Warrior Transition Assistance Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS.

Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(d)(1) The Secretary of a military department shall give a member of a reserve component under the jurisdiction of the Secretary who is being evaluated by a physical evaluation board for separation or retirement for disability under this chapter or for placement on the temporary disability retired list or inactive status list under this chapter the option to remain on active duty in order to continue to receive pay and allowances under title 37 during the physical evaluation board process until such time as the member--CommentsClose CommentsPermalink





‘(A) is cleared by the board to return to duty; orCommentsClose CommentsPermalink





‘(B) is separated, retired, or placed on the temporary disability retired list or inactive status list.CommentsClose CommentsPermalink





‘(2) A member may change the election under paragraph (1) at any point during the physical evaluation board process and be released from active duty.CommentsClose CommentsPermalink





‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the Wounded Warrior Transition Assistance Act of 2009.CommentsClose CommentsPermalink





‘(e)(1) The Secretary of a military department shall retain on active duty a member of a reserve component under the jurisdiction of the Secretary who incurs an injury or illness while on active duty, is being discharged or separated from the armed forces, or being released from active duty in the armed forces, and is not being evaluated by a physical evaluation board for purposes of this chapter in connection with such discharge, separation, or release in order for the member to continue to receive pay and allowances under title 37 until such time as the member--CommentsClose CommentsPermalink





‘(A) is retired or placed on the temporary disability retired list or inactive status list; orCommentsClose CommentsPermalink





‘(B) is determined not to be eligible for such care or benefits based solely upon such injury or illness.CommentsClose CommentsPermalink





‘(2) A member retained on active duty under paragraph (1) may elect at any time while so retained to be discharged, separated, or released, as applicable, from active duty.CommentsClose CommentsPermalink





‘(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the Wounded Warrior Transition Assistance Act of 2009.CommentsClose CommentsPermalink





‘(f) A member contemplating the exercise of an option under subsection (d), or making an election under subsection (e), may exercise such option or make such election, as the case may be, only after consultation with a member of the applicable judge advocate general’s corps.’.CommentsClose CommentsPermalink

SEC. 3. COMPLIANCE OF HUMAN RESOURCES COMMANDS WITH REQUESTS FOR RETENTION OF RESERVE COMPONENT MEMBERS ON ACTIVE DUTY.

(a) In General- The applicable human resources command shall return to active duty in the Armed Forces for the purposes specified in subsection (b) each member of a reserve component of the Armed Forces--CommentsClose CommentsPermalink





(1) who wants to return to active duty; andCommentsClose CommentsPermalink





(2) who--CommentsClose CommentsPermalink





(A) is determined by an appropriate physician (including a private physician) to be unable to work due to an illness or injury that may be determined to be service-connected; andCommentsClose CommentsPermalink





(B) is not retired, placed on the temporary disability retired list, receiving incapacitation pay under subsection (g) or (h) of section 204 of title 37, United States Code, or receiving health care and disability benefits through the Department of Veterans Affairs with respect to such illness or injury.CommentsClose CommentsPermalink





(b) Covered Purposes- The purposes for which a member of a reserve component of the Armed Forces shall be returned to active duty under subsection (a) are the following:CommentsClose CommentsPermalink





(1) The receipt of a medical evaluation.CommentsClose CommentsPermalink





(2) The receipt of medical treatment for an illness or injury described in subsection (a).CommentsClose CommentsPermalink





(3) A determination of eligibility for placement on the temporary disability retired list.CommentsClose CommentsPermalink





(c) Human Resources Commands- For purposes of this section, the term ‘applicable human resources command’ means the following:CommentsClose CommentsPermalink





(1) For the Army, the Human Resources Command.CommentsClose CommentsPermalink





(2) For the Navy and the Marine Corps, the Air Force, and the Coast Guard, the command or element of the military department concerned (or the element of the Department of Homeland Security with respect to the Coast Guard when it is not acting as a service in the Navy) responsible for discharging human resources functions with respect to members of the Armed Forces.CommentsClose CommentsPermalink





(d) Sunset- The requirements in subsection (a) shall expire on the date that is five years after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE COMPONENT MEMBERS.

Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Use of Local Residences for Certain Reserve Component Members- (1)(A) A member of a reserve component described by subparagraph (B) shall be permitted to reside at the member’s permanent place of residence if residing at that location is medically feasible, as determined by a licensed health care provider.CommentsClose CommentsPermalink





‘(B) A member of a reserve component described by this subparagraph is any member as follows:CommentsClose CommentsPermalink





‘(i) Any member remaining on active duty under subsection (d) of section 1218 of this title, or retained on active duty under subsection (e) of such section, during the period the member is on active duty under such subsection.CommentsClose CommentsPermalink





‘(ii) Any member returned to active duty under section 3 of the Wounded Warrior Transition Assistance Act of 2009 during the period the member is on active duty for a purpose specified in subsection (b) of that section.CommentsClose CommentsPermalink





‘(2) Nothing in this subsection shall be construed as terminating, altering, or otherwise affecting the authority of the commander of a member described in paragraph (1)(B) to order the member to perform duties consistent with the member’s fitness for duty.CommentsClose CommentsPermalink





‘(3) The Secretary concerned shall pay any reasonable expenses of transportation, lodging, and meals incurred by a member residing at the member’s permanent place of residence under this subsection in connection with travel from the member’s permanent place of residence to a medical facility during the period in which the member is covered by this subsection.’.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION FOR USE OF DEFENSE HEALTH PROGRAM FUNDS FOR SUPPORT PROGRAMS FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS.

(a) Authorization- Funds in the Defense Health Program shall be available, subject to appropriations, for support programs for any member of a reserve component who becomes ill or injured while on active duty and separates from active duty as a result of the illness or injury.CommentsClose CommentsPermalink





(b) Support Programs- The support programs for which such funds shall be available include the following:CommentsClose CommentsPermalink





(1) Non-clinical case management.CommentsClose CommentsPermalink





(2) TRICARE program advisors.CommentsClose CommentsPermalink





(3) Psychological health programs.CommentsClose CommentsPermalink





(4) Connection and support of military health system electronic medical records.CommentsClose CommentsPermalink





(c) Coordination- The Office of the Secretary of Defense for Health Affairs shall coordinate with the reserve components, including the National Guard, in determining the budget requirements of the reserve components for the support programs.CommentsClose CommentsPermalink

SEC. 6. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH MEDICAL DISCHARGE PROCESS.

(a) Capacity for Assistance Required- Each Secretary of a military department shall ensure that the number of members of the judge advocate general’s corps under the jurisdiction of such Secretary who are dedicated to providing legal assistance to members of the Armed Forces regarding medical discharge from the Armed Forces is adequate to ensure that such corps has the capacity to provide legal assistance to all members of the Armed Force or Armed Forces under the jurisdiction of such Secretary who are undergoing medical discharge from the Armed Forces (including during evaluation by a medical evaluation board (MEB)) in connection with such medical discharge.CommentsClose CommentsPermalink





(b) Provision of Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of each military department shall, utilizing members of the judge advocate general’s corps under the jurisdiction of such Secretary described in subsection (a), ensure that each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing medical discharge from the Armed Forces receives appropriate assistance on all legal matters relating to medical discharge from the Armed Forces.CommentsClose CommentsPermalink





(2) ELEMENTS- The assistance provided a member of the Armed Forces under this subsection shall include the following:CommentsClose CommentsPermalink





(A) Outreach by a member of the judge advocate general’s corps to the member of the Armed Forces at the commencement of the medical discharge process by the member of the Armed Forces regarding legal matters relating to evaluation by a medical evaluation board.CommentsClose CommentsPermalink





(B) Representation by a member of the judge advocate general’s corps of the member of the Armed Forces in connection with evaluation by a medical evaluation board, if requested by the member of the Armed Forces.CommentsClose CommentsPermalink

SEC. 7. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH DISABILITY EVALUATION BY THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Capacity for Assistance Required- Each Secretary of a military department shall ensure that the judge advocate general’s corps under the jurisdiction of such Secretary has the capacity to provide legal assistance to members of the Armed Force or Armed Forces under the jurisdiction of such Secretary who are undergoing disability evaluation by the Department of Veterans Affairs in connection with such disability evaluation.CommentsClose CommentsPermalink





(b) Provision of Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of each military department shall, utilizing members of the judge advocate general’s corps under the jurisdiction of such Secretary covered by subsection (a), ensure that each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing disability evaluation by the Department of Veterans Affairs receives appropriate assistance on all legal matters relating to such evaluation.CommentsClose CommentsPermalink





(2) ELEMENTS- The assistance provided a member of the Armed Forces under this subsection shall include the following:CommentsClose CommentsPermalink





(A) Outreach by a member of the judge advocate general’s corps to the member of the Armed Forces at the commencement by the member of the Armed Forces of disability evaluation by the Department of Veterans Affairs regarding legal matters relating to disability evaluation by the Department of Veterans Affairs.CommentsClose CommentsPermalink





(B) Subject to paragraph (3), representation by a member of the judge advocate general’s corps of the member of the Armed Forces in connection with disability evaluation by the Department of Veterans Affairs if requested by the member of the Armed Forces.CommentsClose CommentsPermalink





(3) SCOPE OF REPRESENTATION- Members of the judge advocate generals’ corps shall have such powers and privileges to practice before the Department of Veterans Affairs in connection with representation of members of the Armed Forces undergoing disability evaluation by the Department of Veterans Affairs as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe in regulations for purposes of this section. Such powers and privileges may not be more restricted than the powers and privileges afforded representatives of organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code, in representing veterans in connection with disability evaluation by the Department of Veterans Affairs.CommentsClose CommentsPermalink

SEC. 8. SENSE OF CONGRESS ON ACCESS OF VETERANS SERVICE ORGANIZATIONS TO MILITARY FACILITIES FOR COUNSELING AND SERVICES FOR MEMBERS OF THE ARMED FORCES.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) each commander of a military installation should ensure the use of space and equipment at military installations, as required by section 2670(c) of title 10, United States Code, by representatives of qualified veterans service organizations, including those authorized to function on military installations under that section;CommentsClose CommentsPermalink





(2) the commander of each facility or location at which access is provided under section 2670(c) of such title should endeavor to provide private space in which a member of the Armed Forces may receive counseling and services as available from veterans service organizations;CommentsClose CommentsPermalink





(3) the Secretary of Defense should widely disseminate information regarding the existence and availability of the Wounded Warrior Resource Center as required by section 1616 of the Wounded Warrior Act (title XVI of Public Law 110-181; 122 Stat. 447; 10 U.S.C. 1071 note) to members of the Armed Forces and their dependents; andCommentsClose CommentsPermalink





(4) the Wounded Warrior Center should provide legal assistance referral information where appropriate, as provided for in this Act, especially to those members of the Armed Forces for whom a medical evaluation board or a physical evaluation board has been initiated and their family members.CommentsClose CommentsPermalink





(b) Qualified Veterans Services Organization Defined- In this section, the term ‘qualified veterans service organization’ means an organization that is recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.CommentsClose CommentsPermalink

SEC. 9. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 10. FUNDING.

Notwithstanding any provision of subchapter VI of chapter 35 of title 31, United States Code, for purposes of carrying out this Act and the amendments made by this Act, an amount in the aggregate of $50,000,000 shall be derived from amounts recovered by the Department of Defense from erroneous payments to contractors pursuant to recovery audits and activities carried out by the Department under section 3561 of such title.CommentsClose CommentsPermalink