[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2855 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2855
To provide for transitional emergency assistance to certain members of
the Armed Forces and veterans who are severely injured while serving on
active duty, to expand and improve programs for caregiver services for
those members and veterans, to require improved screening and care for
traumatic brain injury for returning servicemembers and veterans, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2007
Mr. Rodriguez introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committees on
Ways and Means and Armed Services, 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 while serving on
active duty, to expand and improve programs for caregiver services for
those members and veterans, to require improved screening and care for
traumatic brain injury for returning servicemembers 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wounded Heroes'
Bill of Rights Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
TITLE I--ECONOMIC ASSISTANCE MATTERS
SEC. 101. PROVISION OF TRANSITIONAL EMERGENCY CASH ASSISTANCE TO
WOUNDED HEROES.
(a) Provision of Emergency Cash Assistance.--(1) The Secretary of
Defense shall, through the head of the Military Severely Injured Center
of the Department of Defense or through the heads of the programs to
support the injured referred to in paragraph (2), provide prompt
emergency cash assistance to a 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 programs to support the
injured 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 while serving on active duty, and include the
following programs:
(A) Military One Source.
(B) The Army Wounded Warrior Program.
(C) The Marine Corps Marine for Life Support Program.
(D) The Air Force Palace HART Program.
(E) The Navy Safe Harbor.
(b) Wounded Hero Defined.--(1) In this Act, the term ``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.
(2) For purposes of paragraph (1)--
(A) the term ``severely'' with respect to an injury means--
(i) the inability 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), or
(iii) such other injuries or conditions as the
Secretary of Defense may specify (such as injuries or
conditions resulting in the designation as very
severely injured or severely injured);
(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 cash assistance may be
required, the Secretary shall take into account the following:
(A) The location of the facility providing medical
treatment to a Wounded Hero and the location of the residence
of the Wounded Hero.
(B) The effect of the injury and medical treatment of a
wounded hero on family members, including--
(i) the cost of travel to and, if applicable,
temporarily relocate to reside near the facility where
the Wounded Hero is receiving medical treatment, and
(ii) the financial impact on family members who
care for the Wounded Hero.
(C) Any change in pay status of a Wounded Hero.
(D) Any applicable incorrect orders.
(E) Debts owed by a Wounded Hero to the United States for
equipment issued, or overpayment made, to the Wounded Hero by
the military department concerned.
(F) Level of indebtedness of the 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 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 2008, to carry out this section.
SEC. 102. CREDIT FOR EMPLOYERS HIRING 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. 45O. CREDIT FOR EMPLOYERS HIRING WOUNDED HEROES.
``(a) General Rule.--For purposes of section 38, the 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 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) Wounded Hero; Hiring Date.--For purposes of this section--
``(1) Wounded hero.--The term `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.
``(2) Severely injured.--For purposes of paragraph (1), the
term `severely' with respect to an injury means--
``(A) the inability 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
101(b)(2)(A)(iii) of the 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 (30), by striking the period at the end of paragraph (31) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(32) the Wounded Hero employment credit determined under
section 45O(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 45O(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 45O or 51.''
(3) Subsection (a) of section 280C of such Code is amended
by inserting ``45O(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 45O 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 45O 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. 45O. Credit for employers hiring 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.
SEC. 103. EXPANSION OF PROTECTIONS UNDER SERVICEMEMBERS CIVIL RELIEF
ACT.
(a) Extension of Period of Mortgage Foreclosure Protection.--
(1) 12 months.--Section 303(c) of the Servicemembers Civil
Relief Act (50 U.S.C. App. 533(c)) is amended by inserting
after ``90 days'' the following: ``, or in the case of a
Wounded Hero (as defined in section 101(b) of the Wounded
Heroes' Bill of Rights Act) one year,''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any person performing a period of
military service (as such term is defined in section 101(2) of
such Act (50 U.S.C. App. 511(2))) that begins on or after
February 1, 2003.
(b) Extension of Period of Protection From Eviction.--
(1) 12 months.--Section 301 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 531) is amended--
(A) in subsection (a)(1)(A), by inserting after
``service of the servicemember'' the following: ``, or
in the case of a Wounded Hero (as defined in section
101(b) of the Wounded Heroes' Bill of Rights Act)
during the period of such service plus one year,''; and
(B) in subsection (b)(1)(A), by inserting after
``90 days'' the following: ``, or in the case of a
Wounded Hero (as defined in section 101(b) of the
Wounded Heroes Bill of Rights Act) one year,''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to any person performing a period of
military service (as such term is defined in section 101(2) of
such Act (50 U.S.C. App. 511(2))) that begins on or after
February 1, 2003.
(c) Protection of Credit Ratings.--
(1) Protection.--
(A) In general.--The Servicemembers Civil Relief
Act (50 U.S.C. App. 501 et seq.) is amended by
inserting at the end of title I the following new
section:
``SEC. 110. PROTECTION OF CREDIT RATINGS OF PERSONS ACTIVATED FOR
MILITARY SERVICE.
``(a) Requirements of Notation of Delinquent or Slow Payment Due to
Military Service.--Any person or entity engaged in the practice of
assembling or evaluating consumer credit information that receives from
a creditor a negative report of nonpayment or late payment with respect
to a qualifying account of a person in military service, or in the case
of a Wounded Hero (as defined in section 101(b) of the Wounded Heroes
Bill of Rights Act) during the period of such military service plus one
year, shall enter with that negative report a notation that the account
is delinquent or paid slowly due to military service.
``(b) Negative Information To Be Disregarded.--Any future potential
creditor of such person who receives a credit report that includes a
notation required by subsection (a) shall disregard any negative
information so noted in the credit report.
``(c) Qualifying Accounts.--(1) Except as provided in paragraph
(2), for purposes of this section, a qualifying account is an account
that was opened by a person in military service before the date on
which that person entered that period of military service, but only
with respect to obligations incurred before such date.
``(2) In the case of a Wounded Hero (as so defined), a qualifying
account includes obligations incurred after the date on which that
person entered the period of military service involved but does not
include obligations incurred after the one-year period beginning on the
date the person qualified as a Wounded Hero.''.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 109
the following new item:
``Sec. 110. Protection of credit ratings of persons activated for
military service.''.
TITLE II--HEALTH CARE MATTERS
SEC. 201. EXPANSION AND MODIFICATION OF MEDICAL ASSISTANCE PROGRAMS TO
MEET THE NEEDS OF WOUNDED HEROES AND THEIR FAMILIES.
(a) Specially Tailored Program.--(1) Subchapter II of chapter 17 of
title 38, United States Code, is amended by adding at the end the
following new sections:
``Sec. 1720F. Improvement of medical services for wounded heroes
``(a) Requirement for uniform and sufficient assistance.--In
providing the medical services specified in subsection (c) to a veteran
who is a Wounded Hero, 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 or go to school on a full-time basis.
``(b) Modification of Services To Meet Needs of Wounded Heroes.--
The medical services required to be provided to Wounded Heroes under
subsection (a) shall be tailored to meet the needs of the population of
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.
``(7) Any modality of noninstitutional long-term care.
``(8) Coordination of care and services, including services
for readjustment and rehabilitation.
``(9) Transportation services.
``(10) If eligible, care and services under section 1745 of
this title.
``(d) Definition.--(1) In this section and sections 321 and 1720G
of this title, the term `Wounded Hero' means a veteran who on or after
September 11, 2001, was severely injured while serving on active duty.
``(2) For purposes of paragraph (1), the term `severely' with
respect to an injury means--
``(A) the inability 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), or
``(C) such other injuries or conditions as the Secretary of
Defense has specified under section 101(b)(2)(A)(iii) of the
Wounded Heroes' Bill of Rights Act.
``Sec. 1720G. Caregiver support program for family members of Wounded
Heroes
``(a) Program of Assistance for Caregivers.--Subject to section
1710(a)(4) of this title, the Secretary shall operate and maintain a
program in caregiver education, training, and certification for family
members of a Wounded Hero (as defined in section 1720F(d) of this
title) in caregiver activities in accordance with this section at the
election of the family member. The program shall be provided either
directly by the Secretarty or through contracts administered by the
Seretary.
``(b) Payment for Family Members Who Provide Caregiver Services.--
The program established under subsection (a) shall include payment to a
family member of a Wounded Hero who has been certified by the Secretary
as a provider of caregiver services to provide such services to the
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 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 Wounded Heroes.
``1720G. Caregiver support program for family members of 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. 10741. Modification of medical care for Wounded Heroes;
caregiver support program for family members of 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 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:
``10741. Modification of medical care for Wounded Heroes; caregiver
support program for family members of
Wounded Heroes.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007, and apply to care furnished on or after such
date.
SEC. 202. AUTHORITY TO TREAT CERTAIN WOUNDED HEROES AT NON-DEPARTMENT
FACILITIES.
(a) Care at Nondepartment 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 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 shall, at the election of the wounded hero, 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 nondepartment 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) A Wounded Hero who elects under paragraph (1) to receive care
or services at a non-Department facility shall not be required to make
any payment to the non-Department facility for such care or services in
excess of the amount of payment the Wounded Hero would be required to
make to the Secretary for such care or services if furnished at 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, the closest
facility under the jurisdiction of the
Department of Veterans Affairs, or the
closest military 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
facility or health care provider
referred to in subclause (I) 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
facilities or health care providers
referred to in subclause (I) to the
member do not furnish the specialized
medical care required to treat the
condition of the member.
``(ii) A member of the uniformed services
who elects under clause (i) to receive care or
services at a private facility shall not be
required to make any payment to the private
facility for such care or services in excess of
the amount of payment the member would be
required to make to the Secretary for such care
or services if furnished at a military medical
treatment facility, a facility under the
jurisdiction of the Department of Veterans
Affairs, or a military health care provider.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007, and apply to care furnished on or after such
date.
SEC. 203. REQUIREMENT TO TREAT CERTAIN WOUNDED HEROES SUFFERING FROM
TRAUMATIC BRAIN INJURY AT NON-DEPARTMENT FACILITIES.
(a) Requirement Upon Election by Wounded Hero.--Subsection (b) of
section 1703 of title 38, United States Code, as inserted by section
202(a)(2), is amended by adding at the end the following new paragraph:
``(3)(A) In the case of a Wounded Hero who, before being
discharged or released from active duty, received care for a
traumatic brain injury at a non-Department facility (under a
contractual arrangement under the Tricare program under chapter
55 of title 10) who requires continued hospital care or medical
services authorized section 1710 of this title for that
traumatic brain injury, upon the election of the Wounded Hero,
the Secretary shall contract with such non-Department facility
to continue to furnish the care or services described in
subsection (a) for such injury without regard to any of the
requirements referred to in subparagraphs (A) through (C) of
paragraph (1).
``(B) In the case of an election under subparagraph (A),
the Secretary and the Secretary of Defense shall ensure that
there is no disruption in the furnishing of care and services
to the Wounded Hero for the traumatic brain injury at such non-
Department facility.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007, and apply to care furnished on or after such
date.
SEC. 204. REQUIREMENT FOR MENTAL HEALTH AND TRAUMATIC BRAIN INJURY
SCREENING FOR SERVICEMEMBERS RETURNING FROM COMBAT
THEATRES; RELATED FAMILY COUNSELING AND SUPPORT.
Section 1074f(b) of title 10, United States Code, is amended--
(1) by striking the second sentence of paragraph (1); and
(2) by adding at the end the following new paragraph:
``(3)(A) The postdeployment examination shall include a
comprehensive mental health assessment to include traumatic
brain injury screening conducted on an individualized basis by
personnel qualified to conduct such examinations using a
thorough clinical assessment tool that takes into account the
nature of traumatic brain injuries.
``(B) The administering secretaries shall ensure that
qualified counselors are available at the site of the
postdeployment examination to personnel and their spouses and
dependents to provide counseling and education on traumatic
brain injury, on the behavioral and emotional consequences
associated with such an injury, and the availability of
appropriate family counseling and support services.''.
SEC. 205. WOUNDED HEROES ADVOCATES.
(a) Specially Tailored Program.--(1) Chapter 3 of title 38, United
States Code, is amended adding at the end the following new section:
``Sec. 321. Wounded Heroes advocates
``(a) Establishment.--There is in the Department an Office for
Wounded Heroes Advocates. There is at the head of the office a Director
of Wounded Heroes Advocates.
``(b) Mission.--The Office for Wounded Heroes Advocates consists of
qualified counselors who shall serve as advocates and case managers for
each veteran or servicemember who is a Wounded Hero, as defined in
section 1720F(d) of this title.
``(c) Duties.--Duties of a counselor under this section with
respect to the Wounded Heroes to whom the counselor is assigned include
the following:
``(1) Ensure that the Wounded Hero receives the health care
required in each setting in which such care is furnished.
``(2) Advocate for the needs and rights of the Wounded
Hero.
``(3) Coordinate medical care required by the Wounded Hero,
including scheduling appointments.
``(4) Assist Wounded Heroes and their families with the
discharge procedures of the Department of Defense and
disability evaluation systems of the Department of Defense and
the Department.
``(5) Maintain regular contact between health care
providers and Wounded Heroes for the identification of symptoms
of post traumatic stress disorder.
``(6) Assist with any documentation required by the
Department or the Department of Defense with respect to
qualifying for care or other benefits under this title or title
10.
``(7) Maintain regular contact with the Wounded Hero to
whom the counselor has been assigned with such frequency as the
Secretary may specify.
``(8) Provide guidance and assistance with respect to all
benefits to which the Wounded Hero is entitled under this title
and title 10, as the case may be, including providing
assistance completing necessary forms.
``(9) Secure family and caregiver assistance under sections
1720F and 1720G of this title for eligible family members of
the Wounded Hero.
``(d) Appropriate Caseload.--The Secretary shall ensure that the
caseload of each counselor in the Office is appropriate such that each
counselor may effectively and expeditiously advocate for and manage the
medical care of each Wounded Hero who is assigned to the counselor. In
no case may a counselor under this section be assigned more than 20
Wounded Heroes at any one time.
``(e) Period of Assistance.--(1) Subject to paragraph (2), a case
manager assigned to a Wounded Hero shall carry out the duties under
this section with respect to that Wounded Hero for up to the three-year
period that begins on the date of such assignment.
``(2) The Wounded Heroes Advocate may waive the limitation under
paragraph (1) on a case by case basis.
``(f) Arrangements for Seamless Transition.--The Secretary and the
Secretary of Defense shall enter into arrangements to carry out this
section so that counselors appointed under this section may effectively
and expeditiously arrange for care, counseling, and benefits for
Wounded Heroes under laws administered by each Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by inserting after the item relating
to section 320 the following new item:
``321. Wounded Heroes Advocates.''.
TITLE III--ADMINISTRATIVE MATTERS
Subtitle A--Advisor to the President for Wounded Heroes
SEC. 301. ESTABLISHMENT OF ADVISOR TO THE PRESIDENT FOR WOUNDED HEROES.
(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the ``Office for
Wounded Heroes'' (in this section referred to as the ``Office'').
(b) Advisor to the President for Wounded War Heroes.--
(1) In general.--The head of the Office shall be the
Advisor to the President for Wounded Heroes (in this section
referred to as the ``Advisor'').
(2) Appointment.--The Advisor shall be appointed by the
President and shall be responsible on a full-time basis for the
duties and responsibilities described in this section.
(3) Limitation.--No person shall serve as Advisor while
serving in any other position in the Federal Government.
(c) Duties.--The duties and responsibilities of the Advisor shall
include the following:
(1) Serve as the advisor to the President on all matters
relating to the timely provision of all benefits and health
care services to Wounded Heroes.
(2) Formulate a comprehensive and well-coordinated strategy
and policies for the provision of those benefits and care to
Wounded Heroes, including--
(A) identification of problems, such as gaps,
duplication, and other inefficiencies) in existing
activities, initiatives, and programs and the
recommendations necessary to eliminate those problems;
(B) establishment of measurable milestones and
targets to which Federal departments and agencies can
be held accountable by the President;
(C) prioritized plans to accelerate, strengthen,
and expand the scope of existing methods of delivery of
benefits and health care services; and
(D) new and innovative initiatives and programs to
address challenges in the provision of such benefits
and services to Wounded Heroes.
(3) Represent the President in inter-agency coordination of
Federal efforts to implement the strategy and policies
described in this section.
(4) Evaluate the provision of those benefits and health
care services by relevant Federal departments and agencies.
(5) Make budget recommendations for Wounded Heroes to
ensure that the needs of Wounded Heroes are met.
(d) Staff.--The Advisor shall have such personnel as may be
necessary to enable the Advisor to perform his duties.
(e) Annual Report on Strategic Plan.--For fiscal year 2009 and each
fiscal year thereafter, the Advisor shall submit to the President a
report on the strategy and policies developed pursuant to subsection
(c), together with any recommendations of the Advisor for legislative
changes that the Advisor considers appropriate with respect to such
strategy and policies and their implementation.
Subtitle B--Wounded Heroes Independent Review
SEC. 311. ESTABLISHMENT OF WOUNDED HEROES INDEPENDENT REVIEW BOARD.
(a) In General.--There is established the Wounded Heroes
Independent Review Board (in this subtitle referred to as the
``Board'').
(b) Independent Establishment.--The Board shall be an independent
establishment, as defined in section 104 of title 5, United States
Code.
(c) Purpose.--The purpose of the Board is to review the benefits
provided by the Department of Veterans Affairs, and other Federal
departments and agencies, to Wounded Heroes to determine if those
Wounded Heroes, and their spouses, dependents, and close family
members, are receiving sufficient scope and intensity of services and
support from the Department of Veterans Affairs and other Federal
departments and agencies for the injuries, and the consequences of
those injuries, incurred while serving on active duty.
(d) Voting Requirement.--All decisions of the Board with respect to
the exercise of its duties and powers under this subtitle, except those
expressly reserved for decision by the Chair, shall be made by a
majority vote of its members.
(e) Meetings and Quorum.--
(1) Meetings.--The Board shall meet not less frequently
that once each month as well as at the call of the Chair.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 312. COMPOSITION OF BOARD.
(a) In General.--The Board shall be composed of 5 members, 1 of
whom shall serve as the Chair of the Board.
(b) Appointment.--
(1) In general.--Members of the Board shall be appointed as
follows:
(A) 1 shall be appointed by the President.
(B) 1 shall be appointed by the Speaker of the
House of Representatives.
(C) 1 shall be appointed by the minority leader of
the House of Representatives.
(D) 1 shall be appointed by the majority leader of
the Senate.
(E) 1 shall be appointed by the minority leader of
the Senate.
(2) Chair.--The President shall, at the time of nomination
of the first members of the Board, designate 1 member to serve
as the Chair. Any individual appointed to succeed, or to fill
the unexpired term of, that member (or any member succeeding
that member) shall serve as the Chair.
(c) Term of Office.--
(1) In general.--Members of the Board shall be appointed
for a term of 3 years.
(2) Expired terms.--An individual may continue to serve as
a member of the board after the expiration of such individual's
term until the earlier of--
(A) the date on which such individual's successor
has taken office; or
(B) 1 year following the date on which the term of
such member expired.
(3) Vacancies.--An individual appointed upon a vacancy
occurring before the expiration of the term for which the
individual's predecessor was appointed shall be appointed only
for the unexpired term of the predecessor. Such vacancy shall
be filled in the same manner as the original appointment.
(d) Other Activities.--An individual appointed to the Board may not
engage in any other business, vocation, or employment while serving as
a member of the Board.
(e) Removal.--A member of the Board may be removed by the President
only for inefficiency, neglect of duty, or malfeasance in office.
SEC. 313. STAFF DIRECTOR.
(a) In General.--There shall be in the Board a staff director.
(b) Responsibilities.--The staff director--
(1) shall assist the Board in its operations;
(2) shall perform such responsibilities as the Board shall
prescribe; and
(3) may, with the approval of the chair--
(A) appoint and fix the pay of such additional
personnel as the staff director considers appropriate;
and
(B) Procure temporary and intermittent services to
the same extent as is authorized by section 3109(b) of
title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the
annual rate of basic pay in effect for grade GS-15 of
the General Schedule (5 U.S.C. 5332).
(c) Appointment.--The staff director shall be appointed by the
Chair, after consultation with the other members of the Board.
(d) Other Activities.--An individual appointed as the staff
director of the Board may not engage in any other business, vocation,
or employment while serving as the staff director of the Board.
SEC. 314. POWERS.
(a) Chair.--
(1) In general.--The Chair shall be the chief
administrative officer of the Board with the authority to
administer the Board and shall, after consultation with the
other members of the Board, have the power to appoint or remove
the staff director and to establish the budget of the Board.
(2) Other powers.--The chair has the power--
(A) to the fullest extent practicable, to request
the assistance of other agencies and departments of the
United States, including the personnel and facilities
of such agencies and departments, and the heads of such
agencies and departments may make available to the
Chair such personnel, facilities, and other assistance,
with or without reimbursement; and
(B) to require, by special or general orders, any
person to submit, under oath, such written reports and
answers to questions as the Chair may prescribe.
(b) Board.--The board shall have the power--
(1) to render advisory opinions;
(2) to make, amend, and repeal rules for the Board and the
conduct of duties and actions of the Board;
(3) to conduct investigations and hearings expeditiously;
and
(4) to transmit to the President and to Congress not later
than June 1 of each year, a report which states in detail the
activities of the Board in carrying out its duties under this
subtitle, and which includes any recommendations for any
legislative or other action the Board considers appropriate.
SEC. 315. REVIEW OF DETERMINATION OR DECISIONS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Requests for Review of Department Determinations.--Upon receipt
from a Wounded Hero of a written request to review a decision or
determination of an officer or employee of the Department of Veterans
Affairs or other Federal department or agency relating to eligibility
for or the scope and intensity of benefits, especially health care or
vocational rehabilitation benefits, provided to the Wounded Hero, the
Board shall conduct such a review expeditiously.
(b) Provision of Advisory Opinions.--
(1) In general.--After conducting a review pursuant to
subsection (a), the Board shall promptly render a written
advisory opinion relating to such eligibility or provision of
such care or benefits.
(2) Delivery of advisory opinions.--After rendering an
advisory opinion under paragraph (1), the board shall promptly
mail a copy of the written advisory opinion to the claimant at
the last known address of the claimant. If requested by the
claimant, the board shall also mail a copy of the written
advisory opinion--
(A) to the official or employee of the Federal
department or agency that issued the decision or
determination which gave rise to the request for review
under subsection (a); and
(B) to the head of the Federal department or agency
involved.
(c) Consideration of Advisory Opinion.--An advisory opinion
rendered by the Board under this section with respect to a Wounded Hero
shall be considered as evidence by the Board of Veterans' Appeals
(established under chapter 71 of title 38, United State Code) and the
United States Court of Appeals for Veterans' Claims (established under
chapter 72 of such title) in any case with respect to the Wounded Hero
before the Board of Veterans' Appeals or United States Court of Appeals
for Veterans' Claims, as the case may be, upon submission by the
Wounded Hero.
(d) Prohibition on Review of Advisory Opinion.--An advisory opinion
rendered by the Board under this section may not be reviewed by any
other official or by any court, whether by an action in the nature of
mandamus or otherwise.
SEC. 316. AUDITS AND INVESTIGATIONS; REPORTS.
(a) In General.--The Board may conduct such audits and
investigations as the Chair deems necessary.
(b) Annual Reports.--Not later than June 1 of each year, beginning
with 2009, the Board shall submit to Congress and to the President an
annual report on the activities of the Board during the preceding
years. The report shall include such recommendations for administrative
action or legislation as the Board determines to be appropriate.
SEC. 317. CONGRESSIONAL OVERSIGHT.
Nothing in this Act shall be construed to limit, restrict, or
diminish any investigatory, informational, oversight, supervisory, or
disciplinary authority or function of Congress or any committee of
Congress with respect to veterans' benefits generally, or those
benefits as applied in the case of Wounded Heroes.
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