[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1268

 To ensure dignity in care for members of the Armed Forces recovering 
                             from injuries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2007

   Mr. Mitchell (for himself, Mr. Emanuel, Mrs. Boyda of Kansas, Mr. 
  Donnelly, Mr. Welch of Vermont, Mr. McNerney, Mr. Ellison, Mr. Van 
 Hollen, Mr. Wilson of Ohio, Mr. Kagen, Mr. Rodriguez, Mr. Shuler, Mr. 
  Cohen, Mr. Yarmuth, and Ms. Hooley) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To ensure dignity in care for members of the Armed Forces recovering 
                             from injuries.

    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 ``Dignity for Wounded Warriors Act of 
2007''.

SEC. 2. ACCESS OF RECOVERING SERVICEMEMBERS TO ADEQUATE OUTPATIENT 
              RESIDENTIAL FACILITIES.

    (a) Sufficiency of Residences.--
            (1) In general.--Each recovering servicemember who is 
        assigned to a military barracks or dormitory shall be assigned 
        to a barracks or dormitory that is maintained at a standard 
        equal to the highest existing service standard in effect for 
        quarters of the United States for enlisted members of the Armed 
        Forces.
            (2) Inapplicability to certain facilities.--Facilities 
        occupied by recovering servicemembers that are not funded with 
        appropriated funds are not subject to the requirement under 
        paragraph (1).
    (b) Inspections and Repairs of Facilities.--
            (1) Required inspections.--All quarters of the United 
        States and housing facilities under the jurisdiction of the 
        Armed Forces that are occupied by at least 5 recovering 
        servicemembers shall be inspected on a semiannual basis by the 
        inspectors general of the regional medical commands.
            (2) Inspector general reports.--The inspector general for 
        each regional medical command shall--
                    (A) submit a report on each inspection of a 
                facility conducted under paragraph (1) to the post 
                commander at such facility, the commanding officer of 
                the hospital affiliated with such facility, the surgeon 
                general of the military department that operates such 
                hospital, the Secretary of the military department 
                concerned, the Assistant Secretary of Defense for 
                Health Affairs, the Oversight Board for the Wounded 
                established pursuant to section 10, and the appropriate 
                congressional committees; and
                    (B) post each such report on the Internet website 
                of such regional medical command.
            (3) Alternate housing.--
                    (A) Unremedied deficiencies.--If a deficiency 
                identified in a report submitted under paragraph (2) 
                with respect to quarters or a facility is not remedied 
                within 30 days after the submittal of such report under 
                that paragraph, each recovering servicemember occupying 
                such quarters or facility and affected by the 
                deficiency shall be provided the option of alternate 
                quarters of the United States or housing facilities 
                under the jurisdiction of the Armed Forces that meet 
                the standard referred to in subsection (a)(1) until the 
                deficiency is remedied.
                    (B) Unfulfilled work orders.--If a work order 
                issued to remedy a deficiency (including, but not 
                limited to, deficiencies such as mold, leaking pipes, 
                or rat, mouse, insect, or other pest infestation) in a 
                room occupied by a recovering servicemember in quarters 
                of the United States or a housing facility under the 
                jurisdiction of the Armed Forces remains unfulfilled 
                for more than 15 days after the date of the issuance of 
                the work order, the servicemember shall be provided the 
                option of alternate quarters of the United States or 
                housing facilities under the jurisdiction of the Armed 
                Forces that meet the standard referred to in subsection 
                (a)(1) until the work order is fulfilled and the 
                deficiency is remedied.
    (c) Zero Tolerance for Chronic Infestations.--If quarters of the 
United States or a housing facility under the jurisdiction of the Armed 
Forces that is occupied by a recovering servicemember is determined, 
whether pursuant to an inspection required by subsection (b)(1) or 
otherwise, to have a chronic infestation of rodents, insects, or other 
pests, the servicemember shall be provided the option of alternate 
quarters of the United States or housing facilities under the 
jurisdiction of the Armed Forces that meet the standard referred to in 
subsection (a)(1) until the deficiency is remedied.

SEC. 3. REDUCTION OF PAPERWORK AND BUREAUCRACY FOR RECOVERING 
              SERVICEMEMBERS AND THEIR FAMILIES.

    (a) Improvement of Physical Disability Evaluation Systems.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Defense shall implement appropriate improvements of the 
physical disability evaluation systems of the military departments, 
including the administrative and budgetary restructuring of such 
systems, in order to ensure their efficient and effective operation. 
The improvements shall include the requirement that, within each 
military department, a single command shall be responsible for the 
physical disability evaluation system of such military department, 
including any processing and military boards under such system.
    (b) Electronic Clearing House.--
            (1) Requirement.--In improving the physical disability 
        evaluation system of a military department pursuant to this 
        section, the Secretary of the military department shall 
        establish and operate a single Internet site for the physical 
        disability evaluation process under such system that enables 
        recovering servicemembers to fully utilize such system through 
        the Internet.
            (2) Elements.--Each Internet site operated under this 
        subsection shall include the following:
                    (A) The availability of any forms required for the 
                utilization of the applicable physical disability 
                evaluation system by recovering servicemembers.
                    (B) Secure mechanisms for the submittal of such 
                forms by recovering servicemembers, and for the 
                tracking of the acceptance and review of any forms so 
                submitted.
                    (C) Secure mechanisms for advising recovering 
                servicemembers of any additional information, forms, or 
                other items that are required for the acceptance and 
                review of any forms so submitted.
                    (D) The continuous availability of assistance to 
                recovering servicemembers (including assistance through 
                the caseworkers assigned to recovering servicemembers) 
                in submitting and tracking such forms, including 
                assistance in obtaining information, forms, or other 
                items described by subparagraph (C).
                    (E) Secure mechanisms to request and receive 
                personnel files or other personnel records of 
                recovering servicemembers that are required for 
                submittal under the applicable physical disability 
                evaluation system, including the capability to track 
                requests for such files or records and to determine the 
                status of such requests and of responses to such 
                requests.
            (3) Deadline for establishment.--Each Internet site 
        required under this subsection shall be established not later 
        than one year after the date of the enactment of this Act.
    (c) Co-Location of System Elements at Certain Facilities.--In 
improving physical disability evaluation systems pursuant to this 
section, the Secretary of Defense shall--
            (1) identify each military medical treatment facility 
        covered by such system that serves, or is anticipated to serve, 
        more than 100 recovering servicemembers simultaneously; and
            (2) to the extent practicable, co-locate all elements of 
        such system at a single location at each such facility.
    (d) Report on Improvements.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the appropriate congressional committees a report setting forth 
        recommendations for the improvements required by subsection 
        (a).
            (2) Recommendations.--The recommendations under paragraph 
        (1) shall include recommendations for the following:
                    (A) Procedures to enable recovering servicemembers 
                to interface with only one command while undergoing 
                evaluation and care under a physical disability 
                evaluation system.
                    (B) Procedures to allow clinical teams and the 
                military chain of command to bypass significant parts 
                of the applicable physical disability evaluation system 
                in order to facilitate the prompt processing of cases 
                under such system for specific injuries and illnesses.
                    (C) Specifications of the job requirements for 
                every military occupational specialty (MOS) and grade.
                    (D) Means for retraining recovering servicemembers 
                who are determined to be unfit for their assigned 
                military occupational specialty for qualification for 
                assignment to another military occupational specialty.
                    (E) Streamlining and reducing duplicative, 
                unnecessary procedures and other obstacles to timely 
                evaluations and decisions under a physical disability 
                evaluation system.
                    (F) Such other matters with respect to the 
                improvements required by subsection (a) as the 
                Secretary and the Oversight Board for the Wounded 
                consider appropriate.
            (3) No reduction in personnel and resources.--The 
        requirements of this subsection may not be construed to 
        authorize or require the reduction of staff, or the closure of 
        facilities, in order to achieve any improvements recommended 
        under paragraph (1).
    (e) Implementation.--The Secretary of Defense shall commence the 
implementation of the recommendations submitted under subsection (d) 
not later than 90 days after the submittal of the recommendations under 
that subsection.
    (f) Retention of Certain Rights of Appeal.--Nothing in the 
recommendations submitted and implemented under this section shall be 
construed to limit the ability of a recovering servicemember to appeal 
the following:
            (1) The right of the recovering servicemember to remain a 
        member of the Armed Forces.
            (2) Any disability rating assigned the recovering 
        servicemember.
    (g) Consultation.--The Secretary of Defense and the Secretaries of 
the military departments shall consult with and seek advice from the 
Oversight Board for the Wounded established pursuant to section 10 in 
carrying out this section.

SEC. 4. SUPERVISING OFFICER AND CASEWORKER SUPPORT FOR RECOVERING 
              SERVICEMEMBERS.

    (a) Provision of Adequate Support.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense shall 
work with officials from each military medical treatment facility--
            (1) to assess whether the current ratio of supervising 
        officers assigned to recovering servicemembers, and the current 
        ratio of caseworkers assigned to recovering servicemembers, at 
        such facility is adequate to meet the needs of recovering 
        servicemembers at such facility; and
            (2) to establish targets for such facility to increase such 
        ratios where necessary, taking into account the needs of 
        recovering servicemembers at such facility.
    (b) Deadline for Achieving Targets.--The Secretary shall ensure 
that the targets established pursuant to subsection (a)(2) are achieved 
not later than December 31, 2008, and maintained during each year 
thereafter.
    (c) Annual Review of Targets.--The Secretary shall annually 
reevaluate the targets established pursuant to subsection (a)(2), and 
shall monitor progress made in meeting such targets.
    (d) Employment of Additional Staff.--Not later than 45 days after 
the date of the enactment of this Act, the Secretary shall hire such 
additional qualified staff as is necessary to achieve at each military 
medical treatment facility an interim ratio of one supervising officer, 
and one caseworker, for every 20 recovering servicemembers. Such ratios 
shall remain in effect until superseded under subsection (a)(2).
    (e) Annual Report.--
            (1) Report required.--Not later than 90 days after the date 
        of the enactment of this Act, and annually thereafter 
        throughout the global war on terror, the Secretary shall submit 
        to the appropriate congressional committees a report on current 
        and target ratios of supervising officers and caseworkers to 
        recovering servicemembers at military medical treatment 
        facilities under this section.
            (2) Elements.--Each report under paragraph (1) shall set 
        forth the staff required to meet the targets established under 
        subsection (a)(2), and include an estimate of the costs 
        required to implement such plan.
    (f) Consultation.--The Secretary shall consult with and seek advice 
from the Oversight Board for the Wounded established pursuant to 
section 10 in carrying out this section.

SEC. 5. IMPROVED TRAINING FOR CASEWORKERS AND SOCIAL WORKERS ON 
              PARTICULAR CONDITIONS OF RECOVERING SERVICEMEMBERS.

    (a) Recommendations.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report setting forth 
recommendations for the modification of the training provided to 
caseworkers and social workers who provide care for recovering 
servicemembers. The recommendations shall include, at a minimum, 
specific recommendations to ensure that such caseworkers and social 
workers are able to--
            (1) detect early warning signs of post-traumatic stress 
        disorder (PTSD) and suicidal tendencies among recovering 
        servicemembers; and
            (2) promptly devise appropriate treatment plans as such 
        signs are detected.
    (b) Annual Review of Training.--Not later than one year after the 
date of the enactment of this Act and annually thereafter throughout 
the global war on terror, the Secretary shall submit to the appropriate 
congressional committees a report on the following:
            (1) The progress made in providing the training recommended 
        under subsection (a).
            (2) The general state and quality of training provided to 
        caseworkers and social workers who provide care for recovering 
        servicemembers.
    (c) Consultation.--The Secretary shall consult with and seek advice 
from the Oversight Board for the Wounded established pursuant to 
section 10 in carrying out this section.

SEC. 6. SUPPORT SERVICES AND RIGHTS FOR RECOVERING SERVICEMEMBERS AND 
              THEIR FAMILIES.

    (a) Availability of Assistance for Recovering Servicemembers.--
            (1) Notice of rights and responsibilities.--The Secretary 
        of Defense shall clearly post, or provide for the posting, in 
        all military medical treatment facilities, outpatient 
        residences, and other hospital and residential care locations 
        frequently utilized or visited by recovering servicemembers and 
        their family members a notice of the rights and 
        responsibilities of recovering servicemembers with respect to 
        accessing quality and timely medical care and casework services 
        and assistance during evaluation and care under a physical 
        disability evaluation system.
            (2) Availability of qualified professionals at outpatient 
        residential facilities.--Each military outpatient residential 
        facility at which at least 20 recovering servicemembers reside 
        shall be staffed at all times with each of the following:
                    (A) At least one medical professional with the 
                minimum qualifications of an emergency medical 
                technician to provide care and services for recovering 
                servicemembers at such facility.
                    (B) At least one clinical professional with the 
                minimum qualifications of a certified clinical social 
                worker or certified crisis counselor to provide care 
                and services for recovering servicemembers at such 
                facility.
    (b) Assistance Hotlines.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretaries of the military 
        departments shall each establish and maintain for the military 
        department concerned the following toll-free telephone 
        assistance hotlines:
                    (A) A hotline for crisis counseling for recovering 
                servicemembers and their family members.
                    (B) A hotline for recovering servicemembers and 
                their family members (to be known as the ``Wounded 
                Servicemember Rights and Family Respite Hotline'') 
                that--
                            (i) facilitates the reporting of delays and 
                        provides casework advocacy;
                            (ii) provides casework advice;
                            (iii) provides referrals to family and 
                        veteran support groups; and
                            (iv) facilitates the reporting of 
                        substandard conditions, casework services, or 
                        assistance during evaluation and care under a 
                        physical disability evaluation system.
            (2) Availability.--The hotlines required by paragraph (1) 
        shall operate at all times.
            (3) Bilingual assistance.--The hotlines required by 
        paragraph (1) shall be staffed at all times with operators 
        fluent in English and Spanish.
    (c) Ombudsmen for Recovering Servicemembers.--
            (1) In general.--The Secretary of Defense shall establish 
        within each regional medical command of the Armed Forces the 
        position of Ombudsman for Recovering Servicemembers (in this 
        subsection referred to as the ``Ombudsman'' or ``Ombudsmen'').
            (2) Assignment.--The Secretary shall assign to each 
        position established under paragraph (1) a member of the Armed 
        Forces or civilian employee of the Department of Defense who is 
        qualified to discharge the duties of the position.
            (3) Duties.--Each Ombudsman shall act as a liaison for 
        recovering servicemembers and their family members with respect 
        to the evaluation and care of recovering servicemembers under 
        the physical disability evaluation systems.
            (4) Outreach.--The Secretary shall make available to each 
        recovering servicemember, and to the family members of all 
        recovering servicemembers, information on contacting and 
        utilizing the services of the Ombudsmen.
    (d) Mechanisms for Obtaining Feedback on Outpatient Care.--The 
Secretary of Defense shall establish the following mechanisms for 
obtaining feedback from recovering servicemembers and their family 
members on the quality of outpatient care available to recovering 
servicemembers through the Department of Defense:
            (1) An anonymous feedback system that is available to 
        recovering servicemembers and their family members in all 
        military medical treatment facilities and all military 
        outpatient residential facilities housing at least 5 recovering 
        servicemembers and through the Internet.
            (2) Convocations, town hall meetings, or other forums held 
        at military medical treatment facilities at least once per 
        month.
    (e) Outpatient Care Manual.--The Secretary of Defense shall publish 
and make available to all recovering servicemembers a single manual, in 
either English or Spanish, to guide them and their family members 
throughout the applicable physical disability evaluation system. The 
manual shall list all relevant locations and points of contact and 
shall include information on retrieving documentation required for 
medical processing.
    (f) Consultation.--The Secretary of Defense and the Secretaries of 
the military departments shall consult with and seek advice from the 
Oversight Board for the Wounded established pursuant to section 10 in 
carrying out this section.

SEC. 7. SUPPORT SERVICES FOR FAMILIES OF RECOVERING SERVICEMEMBERS.

    (a) Medical Care.--A family member of a recovering servicemember 
who is not otherwise eligible for medical care at a military medical 
treatment facility shall be eligible for such care if the family member 
is--
            (1) on invitational orders while caring for the recovering 
        servicemember;
            (2) a non-medical attendee caring for the recovering 
        servicemember; or
            (3) receiving per diem payments from the Department of 
        Defense while caring for the recovering servicemember.
    (b) Job Placement Services.--A family member who is on invitational 
orders or is a non-medical attendee while caring for a recovering 
servicemember for more than 45 days during a one-year period shall be 
eligible for job placement services otherwise offered by the Department 
of Defense.

SEC. 8. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN 
              FAMILY MEMBERS CARING FOR RECOVERING SERVICEMEMBERS.

    (a) Prohibition.--A family member of a recovering servicemember 
described in subsection (b) shall not be denied retention in 
employment, promotion, or any benefit of employment by an employer on 
the basis of the person's absence from employment as described in that 
subsection.
    (b) Covered Family Members.--A family member described in this 
subsection is a family member of a recovering servicemember who is--
            (1) on invitational orders while caring for the recovering 
        servicemember;
            (2) a non-medical attendee caring for the recovering 
        servicemember; or
            (3) receiving per diem payments from the Department of 
        Defense while caring for the recovering servicemember.
    (c) Treatment of Actions.--An employer shall be considered to have 
engaged in an action prohibited by subsection (a) with respect to a 
person described in that subsection if the absence from employment of 
the person as described in that subsection is a motivating factor in 
the employer's action, unless the employer can prove that the action 
would have been taken in the absence of the absence of employment of 
the person.
    (d) Definitions.--In this section, the terms ``benefit of 
employment'' and ``employer'' have the meaning given such terms in 
section 4303 of title 38, United States Code.

SEC. 9. MEAL BENEFITS FOR RECOVERING SERVICEMEMBERS.

    (a) Prohibition on Charges for Meals.--A recovering servicemember 
who is undergoing medical treatment, recuperation, or therapy, or is 
otherwise in medical hold or holdover status, in a military medical 
treatment facility for an injury, illness, or disease incurred or 
aggravated while on active duty in the Armed Forces shall not be 
required to pay any charge for meals provided such member by the 
military medical treatment facility.
    (b) Effective Date.--The limitation in subsection (a) shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to meals provided members of the Armed Forces as described in 
that subsection on or after that date.

SEC. 10. OVERSIGHT BOARD FOR THE WOUNDED.

    (a) Establishment.--There is hereby established a board to be known 
as the Oversight Board for the Wounded (in this section referred to as 
the ``Oversight Board'').
    (b) Composition.--The Oversight Board shall be composed of 12 
members, of whom--
            (1) two shall be appointed by the majority leader of the 
        Senate;
            (2) two shall be appointed by the minority leader of the 
        Senate;
            (3) two shall be appointed by the Speaker of the House of 
        Representatives;
            (4) two shall be appointed by the minority leader of the 
        House of Representatives;
            (5) two shall be appointed by the President; and
            (6) two shall be appointed by the Secretary of Defense.
    (c) Qualifications.--
            (1) Particular qualifications.--The Oversight Board shall 
        include members with the following qualifications:
                    (A) One member shall be a veteran who served in 
                Operation Enduring Freedom or Operation Iraqi Freedom.
                    (B) Two members shall have received treatment for 
                injuries at a military medical treatment facility since 
                September 11, 2001.
                    (C) One member shall be a former non-medical 
                attendant for a recovering servicemember, such as a 
                person who received and accepted invitational orders to 
                care for a recovering servicemember.
                    (D) One member shall be a veteran who received 
                treatment at a military medical treatment facility for 
                injuries sustained in armed hostilities before 
                Operation Enduring Freedom and Operation Iraqi Freedom.
                    (E) One member shall be a civilian expert in 
                military healthcare.
            (2) General qualifications.--All members of the Oversight 
        Board shall have sufficient knowledge of, or experience with, 
        the military healthcare system or the experience of a 
        recovering servicemember or family member of a recovering 
        servicemember.
    (d) Duties.--
            (1) Advice and consultation.--The Oversight Board shall 
        provide advise and consultation to the Department of Defense 
        and the appropriate congressional committees regarding--
                    (A) the process for streamlining the physical 
                disability evaluation systems of the military 
                departments under section 3;
                    (B) the process for correcting and improving the 
                ratios of caseworkers and supervising officers to 
                recovering servicemembers under section 4;
                    (C) the need to revise Department of Defense 
                policies to improve the experience of recovering 
                servicemembers while under Department of Defense care;
                    (D) the need to revise Department of Defense 
                policies to improve counseling, outreach, and general 
                services provided to family members of recovering 
                servicemembers pursuant to sections 6 and 7;
                    (E) the need to revise Department of Defense 
                policies regarding the provision of quality lodging to 
                recovering servicemembers;
                    (F) progress made in implementing this Act; and
                    (G) such other matters relating to the evaluation 
                and care of recovering servicemembers, including 
                evaluation and care under physical disability 
                evaluation systems, as the Board considers appropriate.
            (2) Visits to military medical treatment facilities.--In 
        carrying out its duties, the Oversight Board shall visit not 
        less than three military medical treatment facilities each 
        year, and shall conduct each year at least one meeting of all 
        the members of the Board at a military medical treatment 
        facility.
    (e) Staff.--The Secretary shall make available the services of at 
least two officials or employees of the Department of Defense to 
provide support and assistance to members of the Oversight Board.
    (f) Travel Expenses.--Members of the Oversight Board shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Oversight Board.
    (g) Access to Information.--
            (1) In general.--Except as provided in paragraph (2), the 
        members of the Oversight Board shall have the right to access 
        information related to the deliberations, processes, and 
        documents of the Department of Defense pertaining to actions 
        taken under this Act.
            (2) National security exception.--The Oversight Board shall 
        not have the right to access information otherwise required 
        under paragraph (1) if the Secretary--
                    (A) notifies the Oversight Board that disclosure of 
                such information would compromise the national security 
                of the United States; and
                    (B) upon request of the Oversight Board, provides 
                the information in classified form to the appropriate 
                congressional committees.
    (h) Annual Reports.--The Oversight Board shall submit to the 
Secretary of Defense and the appropriate congressional committees each 
year a report on its activities under this Act during the preceding 
year, including any findings and recommendations of the Oversight Board 
as a result of such activities.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.
            (2) Family member.--The term ``family member'', with 
        respect to a recovering servicemember, has the meaning given 
        that term in section 411h(b) of title 37, United States Code.
            (3) Physical disability evaluation systems.--The term 
        ``physical disability evaluation systems'' means the following:
                    (A) In the case of the Department of the Army, the 
                Physical Disability Evaluation System (PDES) of the 
                Army.
                    (B) In the case of any other military department, 
                the physical disability evaluation system or similar 
                system or process of such military departments that 
                carries out functions equivalent to the function 
                carried out for the Army by the Physical Disability 
                Evaluation System of the Army.
            (4) Recovering servicemember.--The term ``recovering 
        servicemember'' means a member of the Armed Forces, including a 
        member of the National Guard or a Reserve, who is undergoing 
        medical treatment, recuperation, or therapy, or is otherwise in 
        medical hold or holdover status, for an injury, illness, or 
        disease incurred or aggravated while on active duty in the 
        Armed Forces.
                                 <all>