[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6017 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6017

To provide for transitional emergency assistance to certain members of 
 the Armed Forces and veterans who are severely injured in the Global 
 War on Terror, to expand and improve programs for caregiver services 
        for those members and veterans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

 Mr. Simmons introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
 Veterans' Affairs and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for transitional emergency assistance to certain members of 
 the Armed Forces and veterans who are severely injured in the Global 
 War on Terror, to expand and improve programs for caregiver services 
        for those members and veterans, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``War on Terror Wounded Heroes' Bill 
of Rights Act''.

SEC. 2. PROVISION OF TRANSITIONAL EMERGENCY CASH ASSISTANCE TO 
              SERVICEMEMBERS SEVERELY WOUNDED OR INJURED IN OPERATION 
              ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.

    (a) Provision of Emergency Cash Assistance.--(1) The Secretary of 
Defense shall, through the head of the Severely Injured Joint Support 
Operations Center of the Department of Defense or through the heads of 
the support programs referred to in paragraph (2), provide prompt 
emergency cash assistance to a War on Terror Wounded Hero (as defined 
in subsection (b)) who, due to a severe injury, due to subsequent 
treatment for that severe injury, or due to such other criteria related 
to that severe injury as the Secretary may specify, is undergoing 
significant financial difficulty (as defined by the Secretary). Such 
emergency cash assistance shall be in an appropriate amount and for an 
appropriate period determined under regulations prescribed by the 
Secretary under subsection (c) under such terms and conditions as the 
Secretary may specify.
    (2) For purposes of paragraph (1), the support programs referred to 
in this paragraph are programs of the military departments (as defined 
in section 101(a)(8) of title 10, United States Code) to provide 
assistance to members of the Armed Forces who incur severe wounds or 
injuries in the line of duty, and include the following programs:
    (A) The Army Wounded Warrior Program.
    (B) The Marine Corps Marine for Life Support Program.
    (C) The Air Force Palace HART Program.
    (D) The Navy Wounded Marines and Sailors Initiative.
    (b) War on Terror Wounded Hero Defined.--(1) In this Act, the term 
``War on Terror Wounded Hero'' means a member of the Armed Forces or a 
veteran who on or after September 11, 2001, was severely injured while 
serving on active duty in the theater of combat operations (as 
determined by the Secretary of Defense) of Operation Enduring Freedom 
or Operation Iraqi Freedom.
    (2) For purposes of paragraph (1)--
            (A) the term ``severely'' with respect to an injury means--
                    (i) the inability or severe difficulty of an 
                individual with the injury to perform one or more 
                activities of daily living,
                    (ii) a service-connected disability rated at 30 
                percent or more (as determined by the Secretary of 
                Defense or Secretary of Veterans Affairs, as the case 
                may be), and
                    (iii) such other injuries or conditions as the 
                Secretary of Defense may specify;
            (B) the term ``Armed Forces'' has the meaning given that 
        term in section 101(a)(4) of title 10, United States Code; and
            (C) the term ``veteran'' has the meaning given that term in 
        section 101(2) of title 38, United States Code.
    (c) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section which may be effective and final 
immediately on an interim basis as of the date of publication of the 
interim final regulation.
    (2) In establishing guidelines under such regulations to determine 
the need for emergency cash assistance, the amount of emergency cash 
assistance required, and the period for which case assistance may be 
required, the Secretary shall take into account the following:
            (A) The location of the facility providing medical 
        treatment to a War on Terror Wounded Hero and the location of 
        the residence of the War on Terror Wounded Hero.
            (B) The effect of the injury and medical treatment of a War 
        on Terror Wounded Hero on family members, including--
                    (i) the cost of travel to and, if applicable, 
                temporarily relocate to reside near the facility where 
                the War on Terror Wounded Hero is receiving medical 
                treatment, and
                    (ii) the financial impact on family members who 
                have left employment to care for the War on Terror 
                Wounded Hero.
            (C) Any change in pay status of a War on Terror Wounded 
        Hero.
            (D) Any applicable incorrect orders.
            (E) Debts owed by a War on Terror Wounded Hero to the 
        United States for equipment issued, or overpayment made, to the 
        War on Terror Wounded Hero by the military departments.
            (F) Level of indebtedness of the War on Terror Wounded Hero 
        and family, including consideration of the ability of the 
        family to secure basic necessities of life, such as food and 
        shelter.
            (G) Consideration of the standard of living of the War on 
        Terror Wounded Hero and family before the severe injury was 
        incurred.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Defense $50,000,000 for each fiscal 
year, beginning with fiscal year 2007, to carry out this section.

SEC. 3. EXPANSION AND MODIFICATION OF MEDICAL ASSISTANCE PROGRAMS TO 
              MEET THE NEEDS OF WAR ON TERROR WOUNDED HEROES AND THEIR 
              FAMILIES.

    (a) Specially Tailored Program.--(1) Subchapter II of chapter 17 of 
title 38, United States Code, is amended adding at the end the 
following new sections:
``Sec. 1720F. Improvement of medical services for War on Terror Wounded 
              Heroes
    ``(a) Requirement for Uniform and Sufficient Assistance.--In 
providing the medical services specified in subsection (c) to veterans 
who are War on Terror Wounded Heroes, the Secretary shall ensure the 
provision of sufficient services in a uniform manner to meet the needs 
of all such veterans without regard to geographic location of the 
residences of such veterans. The scope and intensity of services 
required by this section shall be sufficient to permit the spouse of 
the veteran, who would otherwise be providing care in the home to the 
veteran, to be employed on a full-time basis.
    ``(b) Modification of Services To Meet Needs of War on Terror 
Wounded Heroes.--The medical services required to be provided to War on 
Terror Wounded Heroes under subsection (a) shall be tailored to meet 
the needs of the population of War on Terror Wounded Heroes and shall 
include specialized programs for the rehabilitation of such veterans, 
reintegration of such veterans into civilian life, and promotion of 
independent living for such veterans.
    ``(c) Specification of Medical Services.--The medical services 
referred to in subsection (a) are the following:
            ``(1) Adult day health care under section 1710(b) of this 
        title.
            ``(2) Home health services under section 1717 of this 
        title.
            ``(3) Respite care under section 1720B of this title.
            ``(4) Home-based primary care.
            ``(5) Hospice services.
            ``(6) Such other noninstitutional extended care services 
        (as defined in section 1701(10)(B) of this title) as the 
        Secretary determines to be appropriate.
    ``(d) Definition.--(1) In this section and section 1720G of this 
title, the term `War on Terror Wounded Hero' means a veteran who on or 
after September 11, 2001, was severely injured while serving on active 
duty in the theater of combat operations (as determined by the 
Secretary of Defense) of Operation Enduring Freedom or Operation Iraqi 
Freedom.
    ``(2) For purposes of paragraph (1), the term `severe' with respect 
to an injury means--
            ``(A) the inability or severe difficulty of an individual 
        with the injury to perform one or more activities of daily 
        living,
            ``(B) a service-connected disability rated at 30 percent or 
        more (as determined by the Secretary or the Secretary of 
        Defense, as the case may be), and
            ``(C) such other injuries or conditions as the Secretary of 
        Defense has specified under section 2(b)(2) of the War on 
        Terror Wounded Heroes' Bill of Rights Act.
``Sec. 1720G. Caregiver support program for family members of War on 
              Terror Wounded Heroes
    ``(a) Program of Assistance for Caregivers.--Subject to section 
1710(a)(4) of this title, the Secretary shall operate and maintain a 
voluntary program in caregiver education, training, and certification 
for family members of a War on Terror Wounded Hero (as defined in 
section 1720F(d) of this title) in caregiver activities in accordance 
with this section. The program shall be provided either directly by the 
Department or through contracts.
    ``(b) Payment for Family Members Who Provide Caregiver Services.--
The program established under subsection (a) shall include payment to a 
family member of a War on Terror Wounded Hero who has been certified by 
an appropriate State licensing or certification agency as a provider of 
caregiver services to provide such services to the War on Terror 
Wounded Hero. Payment for such services shall be made at such rates, 
and for such periods, as the Secretary may specify.
    ``(c) Regulations.--The Secretary shall prescribe regulations to 
carry out this section.''.
    (2) Subsection (a)(4) of section 1710 of such title is amended--
            (A) by striking ``and'' before ``the requirement in section 
        1710B of this title''; and
            (B) by inserting ``, and the requirement in section 1720G 
        of this title to operate a caregiver support program for family 
        members of War on Terror Wounded Heroes'' after ``a program of 
        extended care services''.
    (3) The table of sections at the beginning of chapter 17 of such 
title is amended by inserting after the item relating to section 1720E 
the following new items:

``1720F. Improvement of medical services for War on Terror Wounded 
                            Heroes.
``1720G. Caregiver support program for family members of War on Terror 
                            Wounded Heroes.''.
    (b) Conforming Requirement Under Title 10.--(1) Chapter 55 of title 
10, United States Code, is amended by inserting after section 1074k the 
following new section:
``Sec. 1074l. Modification of medical care for War on Terror Wounded 
              Heroes; caregiver support program for family members of 
              War on Terror Wounded Heroes
    ``(a) Program of Assistance for Caregivers.--The Secretary of 
Defense shall enter into an agreement with the Secretary of Veterans 
Affairs, under the provisions of section 8111 of title 38, to provide--
            ``(1) the medical services required under section 1720F of 
        title 38 to members of the armed forces who would be War on 
        Terror Wounded Heroes (as defined in subsection (d) of such 
        section 1720F) if discharged or released from active duty, and
            ``(2) a program of caregiver support under section 1720G of 
        title 38 to family members of such members of the armed forces.
    ``(b) Medical Services and Assistance.--The agreement entered into 
under subsection (a) shall provide for the same type and scope of 
assistance and services as are provided by the Secretary of Veterans 
Affairs to veterans and their family members under sections 1720F and 
1720G of title 38, and meet the same requirements for the provision of 
such medical services and assistance under such sections.''.
    (2) The table of sections at the beginning of chapter 55 of such 
title is amended by inserting after the item relating to section 1074k 
the following new item:

``1074l. Modification of medical care for War on Terror Wounded Heroes; 
                            caregiver support program for family 
                            members of War on Terror Wounded Heroes.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2006, and apply to care furnished on or after such 
date.

SEC. 4. AUTHORITY TO TREAT CERTAIN WAR ON TERROR WOUNDED HEROES AT NON-
              DEPARTMENT FACILITIES.

    (a) Care at Non-Department Facilities.--Section 1703 of title 38, 
United States Code, is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b)(1) In the case of a War on Terror Wounded Hero (as defined in 
subsection (d) of section 1720F of this title) who requires hospital 
care or medical services as authorized under section 1710 of this 
title, the Secretary may contract with non-Department facilities in 
order to furnish the care or services described in subsection (a) if 
the Secretary determines that--
            ``(A) the closest Department facility is more than a 60-
        minute drive from the residence of the veteran;
            ``(B) the severity of the condition of the veteran for 
        which care or services is required is such that transport of 
        the veteran to the closest Department facility in lieu of a 
        more proximate non-Department facility would have an adverse 
        effect on the health or well-being of the veteran; or
            ``(C) reasonably proximate Department facilities to the 
        veteran do not furnish the specialized care or services 
        required to treat the condition of the veteran.
    ``(2) Care or services furnished under contract under paragraph (1) 
to a veteran shall be furnished at no greater cost or charge to the 
veteran than would be payable by the veteran if such care or services 
were furnished in a Department facility.''; and
    (3) in subsection (c), as so redesignated in paragraph (1), by 
striking ``subsection (a) of this section'' and inserting ``subsection 
(a) or (b)''.
    (b) Conforming Requirement Under Title 10.--Paragraph (2) of 
subsection (c) of section 1074 of title 10, United States Code, is 
amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
    ``(C)(i) In the case of a member of the armed forces described in 
section 1074l of this title who requires medical care, the Secretary 
may provide for such care to be furnished in a private facility or 
health care provider if the Secretary determines that--
            ``(I) the closest military medical treatment facility or 
        health care provider is more than a 60-minute drive from the 
        residence of the veteran;
            ``(II) the severity of the condition of the member for 
        which medical care is required is such that transport of the 
        member to the closest military medical treatment facility or 
        health care provider in lieu of a more proximate private 
        facility or health care provider would have an adverse effect 
        on the health or well-being of the member; or
            ``(III) reasonably proximate military medical treatment 
        facilities or health care providers to the member do not 
        furnish the specialized medical care required to treat the 
        condition of the member.
    ``(ii) Medical care furnished under clause (i) to a member of the 
uniformed services shall be furnished at no greater cost or charge to 
the member than would be payable by the member if such care were 
furnished in a military medical treatment facility or health care 
provider.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2006, and apply to care furnished on or after such 
date.

SEC. 5. REVIEW BY JOINT EXECUTIVE COMMITTEE OF EMERGENCY CASH 
              ASSISTANCE, IMPROVED MEDICAL SERVICES, AND CAREGIVER 
              SUPPORT PROGRAMS.

    (a) In General.--Subsection (d) of section 320 of title 38, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(6)(A) Receive and review complaints from War on Terror 
        Wounded Heroes (as defined in section 2(b) of the War on Terror 
        Wounded Heroes' Bill of Rights Act) with respect to benefits 
        provided under sections 2, 3, and 4 of such Act.
            ``(B) Submit quarterly interim reports to the two 
        Secretaries on the implementation of programs and activities of 
        one or both of the Departments (as the case may be) required 
        under sections 2, 3, and 4 of such Act, including the adequacy 
        and efficiency of the respective Departments in meeting the 
        requirements to provide prompt emergency cash assistance, 
        improved medical services, caregiver support programs, and 
        medical care in private facilities to War on Terror Wounded 
        Heroes.''.
    (b) Effective Date.--The first report required by the amendment 
made by subsection (a) shall be submitted January 1, 2007.

SEC. 6. CREDIT FOR EMPLOYERS HIRING WAR ON TERROR WOUNDED HEROES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45N. CREDIT FOR EMPLOYERS HIRING WAR ON TERROR WOUNDED HEROES.

    ``(a) General Rule.--For purposes of section 38, the War on Terror 
Wounded Hero employment credit for the taxable year shall be equal to--
            ``(1) 50 percent of the qualified first-year wages for such 
        year,
            ``(2) 30 percent of the qualified second-year wages for 
        such year, and
            ``(3) 20 percent of the qualified third-year wages for such 
        year.
    ``(b) Qualified Wages.--For purposes of this section--
            ``(1) In general.--The term `qualified wages' means the 
        wages paid or incurred by the employer during the taxable year 
        to individuals who are War on Terror Wounded Heroes, but in no 
        case greater than $60,000.
            ``(2) Qualified first-year wages.--The term `qualified 
        first-year wages' means, with respect to any individual, 
        qualified wages attributable to service rendered during the 1-
        year period beginning with the day the individual begins work 
        for the employer.
            ``(3) Qualified second-year wages.--The term `qualified 
        second-year wages' means, with respect to any individual 
        described in paragraph (2), qualified wages attributable to 
        service rendered during the 1-year period beginning with the 
        day that succeeds the 1-year period referred to in paragraph 
        (2).
            ``(4) Qualified third-year wages.--The term `qualified 
        third-year wages' means, with respect to any individual 
        described in paragraph (3), qualified wages attributable to 
        service rendered during the 1-year period beginning with the 
        day that succeeds the 1-year period referred to in paragraph 
        (3).
            ``(5) Wages.--The term `wages' has the meaning given such 
        term by section 51(c), without regard to paragraph (4) thereof.
    ``(c) War on Terror Wounded Hero; Hiring Date.--For purposes of 
this section--
            ``(1) War on terror wounded hero.--The term `War on Terror 
        Wounded Hero' means a veteran (as that term is defined in 
        section 101(2) of title 38) who, on or after September 11, 
        2001, was severely injured while serving on active duty in the 
        theater of combat operations (as determined by the Secretary of 
        Defense) of Operation Enduring Freedom or Operation Iraqi 
        Freedom.
            ``(2) Severely injured.--For purposes of paragraph (1), the 
        term `severely' with respect to an injury means--
                    ``(A) the inability or severe difficulty of an 
                individual with the injury to perform one or more 
                activities of daily living (as determined by the 
                Secretary of Veterans Affairs),
                    ``(B) a service-connected disability rated at 30 
                percent or more (as determined by the Secretary of 
                Veterans Affairs), and
                    ``(C) such other injuries or conditions as the 
                Secretary of Defense has specified under section 
                2(b)(2) of the War on Terror Wounded Heroes' Bill of 
                Rights Act.
            ``(3) Hiring date.--The term `hiring date' has the meaning 
        given such term by section 51(d).
    ``(d) Certain Rules To Apply.--Rules similar to the rules of 
section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the 
day before the date of the enactment of the Taxpayer Relief Act of 
1997), (j), and (k) of section 51, shall apply for purposes of this 
section.''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b) 
of section 38 of such Code is amended by striking ``and'' at the end of 
paragraph (29), by striking the period at the end of paragraph (30) and 
inserting ``, plus'', and by adding at the end the following new 
paragraph:
            ``(31) the War on Terror Wounded Hero employment credit 
        determined under section 45N(a).''.
    (c) Technical Amendments.--
            (1) Clause (iii) of section 41(b)(2)(D) of such Code is 
        amended to read as follows:
                            ``(iii) Exclusion for wages to which 
                        employment credits apply.--The term `wages' 
                        shall not include any amount taken into account 
                        in determining the credit under section 45N(a) 
                        or 51(a).''.
            (2) Subparagraph (B) of section 45A(b)(1) of such Code is 
        amended to read as follows:
                    ``(B) Coordination with other employment credits.--
                The term `qualified wages' shall not include wages 
                attributable to service rendered during the 1-year 
                period beginning with the day the individual begins 
                work for the employer if any portion of such wages is 
                taken into account in determining the credit under 
                section 45N or 51.''.
            (3) Subsection (a) of section 280C of such Code is amended 
        by inserting ``45N(a),'' after ``45A(a),''.
            (4) Paragraph (3) of section 1396(c) of such Code is 
        amended to read as follows:
            ``(3) Coordination with other employment credits.--
                    ``(A) In general.--The term `qualified wages' shall 
                not include wages taken into account in determining the 
                credit under section 45N or 51.
                    ``(B) Coordination with paragraph (2).--The $15,000 
                amount in paragraph (2) shall be reduced for any 
                calendar year by the amount of wages paid or incurred 
                during such year which are taken into account in 
                determining the credits under sections 45N and 51.''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``Sec. 45N. Credit for employers hiring War on Terror Wounded 
                            Heroes.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to individuals who begin work for the employer after the date of 
the enactment of this Act.
                                 <all>