[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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