[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3502 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3502

 To provide for the prompt implementation of those recommendations of 
  the President's Commission on Care for America's Returning Wounded 
              Warriors that require congressional action.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2007

Mr. Moran of Kansas (for himself, Mr. Salazar, Mrs. Emerson, Mr. Young 
 of Alaska, and Mrs. Myrick) introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
  Committees on Veterans' Affairs, Education and Labor, Oversight and 
    Government Reform, and House Administration, 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 the prompt implementation of those recommendations of 
  the President's Commission on Care for America's Returning Wounded 
              Warriors that require congressional action.

    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 Warriors 
Commission Implementation Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Clarification of Department of Defense and Department of 
                            Veterans Affairs roles in disability 
                            evaluation system for retirement of members 
                            for disability.
Sec. 4. Elimination of disability rating requirement for retirement of 
                            members for disability.
Sec. 5. Transition payments to members of the Armed Forces retired for 
                            combat-related injuries.
Sec. 6. Department of Veterans Affairs bonus payments to veterans in 
                            rehabilitation programs.
Sec. 7. Department of Veterans Affairs disability compensation.
Sec. 8. Presumption of service connection for post-traumatic stress 
                            disorder.
Sec. 9. Extended benefits under TRICARE for primary caregivers of 
                            members of the uniformed services who incur 
                            a serious injury or illness on active duty.
Sec. 10. Family Medical Leave Act.

SEC. 2. PURPOSES.

    The purposes of this Act include--
            (1) eliminating the 30 percent threshold before a member of 
        the Armed Forces may be retired for disability and ensuring 
        that every member who is retired for disability will receive a 
        lifetime annuity payment, based on the member's rank and years 
        of military service;
            (2) clarifying that, because members retired for disability 
        will be eligible for retired pay under chapter 71 of title 10, 
        United States Code, such members, under chapter 55 of such 
        title, will also be eligible for lifetime, comprehensive health 
        care coverage and pharmacy benefits for themselves through the 
        TRICARE program of the Department of Defense;
            (3) requiring that disability-related payments and benefits 
        for veterans reflect three components: transition payments, 
        earnings-loss payments, and quality-of-life payments;
            (4) creating a presumption of service connection for post-
        traumatic stress disorder;
            (5) extending TRICARE program benefits to caregivers of 
        members who incur a serious injury or illness while serving on 
        active duty; and
            (6) authorizing servicemember family leave under the Family 
        and Medical Leave Act.

SEC. 3. CLARIFICATION OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
              VETERANS AFFAIRS ROLES IN DISABILITY EVALUATION SYSTEM 
              FOR RETIREMENT OF MEMBERS FOR DISABILITY.

    The objective of the Department of Defense disability evaluation 
system is to determine whether an injured member of the Armed Forces is 
fit to perform the duties of the member's office, grade, rank, or 
rating, and the objective of the Department of Veterans Affairs 
disability evaluation system is to establish the disability rating, 
compensation, and benefits programs for the member if the member is 
retired or separated because of physical disability.

SEC. 4. ELIMINATION OF DISABILITY RATING REQUIREMENT FOR RETIREMENT OF 
              MEMBERS FOR DISABILITY.

    (a) Members on Active Duty for More Than 30 Days.--Section 1201(b) 
of title 10, United States Code, is amended--
            (1) by inserting ``and'' at the end of paragraph (1);
            (2) by striking ``; and'' at the end of paragraph (2) and 
        inserting a period; and
            (3) by striking paragraph (3).
    (b) Members on Active Duty for 30 Days or Less.--Section 1204 of 
title 10, United States Code, is amended----
            (1) by inserting ``and'' at the end of paragraph (2);
            (2) by striking ``; and'' at the end of paragraph (3) and 
        inserting a period; and
            (3) by striking paragraph (4).
    (c) Termination of Separation of Members in Lieu of Retirement.--
            (1) Members on active duty for more than 30 days.--Section 
        1203 of title 10, United States Code, is amended by adding at 
        the end the following new subsection:
    ``(c) Termination.--After the date of the enactment of the Wounded 
Warriors Commission Implementation Act of 2007, the Secretary concerned 
shall no longer separate a member described in section 1201(c) of this 
title from the member's armed force under the authority of this 
section. Instead, section 1201 of this title shall apply with respect 
to the member.''.
            (2) Members on active duty for 30 days or less.--Section 
        1206 of title 10, United States Code, is amended--
                    (A) by striking ``Upon'' and inserting ``(a) 
                Separation.--Upon''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) Termination.--After the date of the enactment of the Wounded 
Warriors Commission Implementation Act of 2007, the Secretary concerned 
shall no longer separate a member otherwise covered by subsection (a) 
from the member's armed force under the authority of this section. 
Instead, section 1204 of this title shall apply with respect to the 
member.''.

SEC. 5. TRANSITION PAYMENTS TO MEMBERS OF THE ARMED FORCES RETIRED FOR 
              COMBAT-RELATED INJURIES.

    (a) Transition Payment Election.--A member of the Armed Forces who 
is retired pursuant to section 1201 of title 10, United States Code, by 
reason of a combat-related injury, may elect to receive a transition 
payment from the Secretary of Defense under subsection (b) or a 
transition payment from the Secretary of Veterans Affairs under 
subsection (c).
    (b) Department of Defense Transition Payment.--A transition payment 
under this subsection is a monthly payment made by the Secretary of 
Defense to a person described in subsection (a) after the retirement of 
the member. The payments shall be made for the first three months 
beginning on or after the effective date of the retirement of the 
member. The amount of the transition payment shall be equal to the 
person's most recent monthly basic pay as calculated under section 201 
of title 37, United States Code.
    (c) Department of Veterans Affairs Transition Payment.--
            (1) Availability of transition payment.--A transition 
        payment under this subsection is a payment made by the 
        Secretary of Veterans Affairs to a person described in 
        subsection (a) who is enrolled in a rehabilitation program 
        under chapter 31 of title 38, United States Code, during the 
        period in which such person is so enrolled. The amount of a 
        payment under this paragraph shall be determined pursuant to 
        the study conducted under paragraph (2).
            (2) Study on department of veterans affairs transition 
        payment amount.--By not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall begin a six-month study to determine the appropriate 
        amount of the transition payment to be made under paragraph 
        (1). Upon completion of the Study, the Secretary shall submit 
        to Congress and the President a report containing the results 
        of the study.
    (d) Combat-Related Injury Defined.--In this section, the term 
``combat-related injury'' means an injury or illness incurred in the 
line of duty in a combat zone designated by the Secretary of Defense or 
attributable to the special dangers associated with armed conflict or 
the preparation or training for armed conflict.

SEC. 6. DEPARTMENT OF VETERANS AFFAIRS BONUS PAYMENTS TO VETERANS IN 
              REHABILITATION PROGRAMS.

    (a) Bonus Payments.--The Secretary of Veterans Affairs shall pay to 
each veteran who is enrolled in a rehabilitation program under chapter 
31 of title 38, United States Code, or another rehabilitation program 
approved by the Secretary an annual bonus payment for each year of such 
rehabilitation program completed by the person.
    (b) Amount.--As part of the study required by section 5(c)(2), the 
Secretary of Veterans Affairs shall also determine the amount of the 
bonus payment to be made under subsection (a). In the case of a veteran 
who receives a transition payment under section 5, the maximum 
aggregate amount of the bonus payments that an individual may receive 
under this section is the amount equal to 25 percent of the amount of 
the transition payment elected by the individual under subsection (a) 
of that section.
    (c) Study on Bonus Payments.--Beginning on the date on which the 
Secretary of Veterans Affairs first makes a bonus payment under 
subsection (a), the Secretary shall conduct a five-year study of the 
bonus payments. Upon the completion of the study, the Secretary shall 
submit to Congress and the President a report on the study that 
includes each of the following for the period covered by the study:
            (1) The number of veterans enrolled in a rehabilitation 
        program under chapter 31 of title 38, United States Code.
            (2) The number of veterans who completed such a program.
            (3) The number of veterans who obtained gainful employment 
        after completing such a program.
            (4) A comparison of the average wages earned by veterans 
        who complete such a program and the average wages of veterans 
        with a service-connected disability rated at 20 percent or more 
        which was incurred or aggravated in the active, military, air, 
        or naval service who do not complete such a program.

SEC. 7. DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION.

    (a) Payments for Wartime Disability Compensation.--Notwithstanding 
section 1110 of title 38, United States Code, a person receiving a 
transition payment under section 5 is not entitled to compensation 
under subchapter II of chapter 11 of such title.
    (b) Quality-of-Life Payments.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        pay to each veteran who was a member of the Armed Forces who is 
        retired pursuant to section 1201 of title 10, United States 
        Code, by reason of a combat-related injury, as that term is 
        defined in section 5(d), a quality-of-life payment to 
        compensate for the non-work related effects of a combat-related 
        injury. Such payment shall be in addition to any payment to 
        which the person is entitled under subchapter II of chapter 11 
        of title 38, United States Code.
            (2) Quality-of-life payment defined.--For purposes of this 
        section, the term ``quality-of-life payment'' means the amount 
        of money necessary to compensate an individual described in 
        paragraph (1) for the negative non-work related effects a 
        service-connected disability has on the individual's life, as 
        determined by the Secretary of Veterans Affairs.
    (c) Earning Loss Payments.--The Secretary of Veterans Affairs shall 
pay to each veteran who has received a transition payment under section 
5 but is no longer eligible for such a payment an earning loss payment 
in the amount necessary to compensate the veteran for the veteran's 
lower earning capacity as a result of the veteran's combat-related 
injury, as determined by the Secretary.
    (d) Schedule for Rating Disabilities.--In adopting and applying a 
schedule of ratings of specific injuries or combination of injuries 
under section 1155 of title 38, United States Code, the Secretary of 
Veterans Affairs shall take into consideration the reduction in the 
quality of life of a veteran with each specific injury or combination 
of injuries.

SEC. 8. PRESUMPTION OF SERVICE CONNECTION FOR POST-TRAUMATIC STRESS 
              DISORDER.

    For purposes of section 1110 of title 38, United States Code, and 
subject to section 1113 of such title, post-traumatic stress disorder 
in a veteran who served in the active military, naval, or air forces in 
support of a contingency operation after October 7, 2001, shall be 
considered to have been incurred in or aggravated by such service, 
notwithstanding that there is no record of evidence of such illness 
during the period of such service.

SEC. 9. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY CAREGIVERS OF 
              MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A SERIOUS 
              INJURY OR ILLNESS ON ACTIVE DUTY.

    (a) In General.--Section 1079(d) of title 10, United States Code, 
is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2)(A) Subject to such terms, conditions, and exceptions as the 
Secretary of Defense considers appropriate, the program of extended 
benefits for eligible dependents under this subsection shall include 
extended benefits for the primary caregivers of members of the 
uniformed services who incur a serious injury or illness on active 
duty. In addition to the extended benefits described in subsection (e), 
such extended benefits may include aide and attendant care.
    ``(B) The Secretary of Defense shall prescribe in regulations the 
individuals who shall be treated as the primary caregivers of a member 
of the uniformed services for purposes of this paragraph.
    ``(C) For purposes of this section, a serious injury or illness, 
with respect to a member of the uniformed services, is an injury or 
illness that may render the member medically unfit to perform the 
duties of the member's office, grade, rank, or rating and that renders 
a member of the uniformed services dependant upon a caregiver.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2008.

SEC. 10. FAMILY MEDICAL LEAVE ACT.

    (a) Servicemember Family Leave Under the Family and Medical Leave 
Act.--
            (1) Definitions.--Section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the 
        end the following:
            ``(14) Active duty.--The term `active duty' means duty 
        under a call or order to active duty under a provision of law 
        referred to in section 101(a)(13)(B) of title 10, United States 
        Code.
            ``(15) Covered servicemember.--The term `covered 
        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, is otherwise in 
        medical hold or medical holdover status, or is otherwise on the 
        temporary disability retired list, for a serious injury or 
        illness.
            ``(16) Medical hold or medical holdover status.--The term 
        `medical hold or medical holdover status' means--
                    ``(A) the status of a member of the Armed Forces, 
                including a member of the National Guard or a Reserve, 
                assigned or attached to a military hospital for medical 
                care; and
                    ``(B) the status of a member of a reserve component 
                of the Armed Forces who is separated, whether pre-
                deployment or post-deployment, from the member's unit 
                while in need of health care based on a medical 
                condition identified while the member is on active duty 
                in the Armed Forces.
            ``(17) Next of kin.--The term `next of kin', used with 
        respect to an individual, means the nearest blood relative of 
        that individual.
            ``(18) Serious injury or illness.--The term `serious injury 
        or illness', in the case of a member of the Armed Forces, means 
        an injury or illness incurred by the member in line of duty on 
        active duty in the Armed Forces that may render the member 
        medically unfit to perform the duties of the member's office, 
        grade, rank, or rating.''.
            (2) Entitlement to leave.--Section 102(a) of such Act (29 
        U.S.C. 2612(a)) is amended by adding at the end the following:
            ``(3) Servicemember family leave.--Subject to section 103, 
        an eligible employee who is the spouse, son, daughter, parent, 
        or next of kin of a covered servicemember shall be entitled to 
        a total of 26 workweeks of leave during a 12-month period to 
        care for the servicemember. The leave described in this 
        paragraph shall only be available during a single 12-month 
        period.
            ``(4) Combined leave total.--During the single 12-month 
        period described in paragraph (3), an eligible employee shall 
        be entitled to a combined total of 26 workweeks of leave under 
        paragraphs (1) and (3). Nothing in this paragraph shall be 
        construed to limit the availability of leave under paragraph 
        (1) during any other 12-month period.''.
            (3) Requirements relating to leave.--
                    (A) Schedule.--Section 102(b) of such Act (29 
                U.S.C. 2612(b)) is amended--
                            (i) in paragraph (1), in the second 
                        sentence--
                                    (I) by striking ``section 
                                103(b)(5)'' and inserting ``subsection 
                                (b)(5) or (f) (as appropriate) of 
                                section 103''; and
                                    (II) by inserting ``or under 
                                subsection (a)(3)'' after ``subsection 
                                (a)(1)''; and
                            (ii) in paragraph (2), by inserting ``or 
                        under subsection (a)(3)'' after ``subsection 
                        (a)(1)''.
                    (B) Substitution of paid leave.--Section 102(d) of 
                such Act (29 U.S.C. 2612(d)) is amended--
                            (i) in paragraph (1)--
                                    (I) by inserting ``(or 26 workweeks 
                                in the case of leave provided under 
                                subsection (a)(3))'' after ``12 
                                workweeks'' the first place it appears; 
                                and
                                    (II) by inserting ``(or 26 
                                workweeks, as appropriate)'' after ``12 
                                workweeks'' the second place it 
                                appears; and
                            (ii) in paragraph (2)(B), by adding at the 
                        end the following: ``An eligible employee may 
                        elect, or an employer may require the employee, 
                        to substitute any of the accrued paid vacation 
                        leave, personal leave, family leave, or medical 
                        or sick leave of the employee for leave 
                        provided under subsection (a)(3) for any part 
                        of the 26-week period of such leave under such 
                        subsection.''.
                    (C) Notice.--Section 102(e)(2) of such Act (29 
                U.S.C. 2612(e)(2)) is amended by inserting ``or under 
                subsection (a)(3)'' after ``subsection (a)(1)''.
                    (D) Spouses employed by same employer.--Section 
                102(f) of such Act (29 U.S.C. 2612(f)) is amended--
                            (i) by redesignating paragraphs (1) and (2) 
                        as subparagraphs (A) and (B), and aligning the 
                        margins of the subparagraphs with the margins 
                        of section 102(e)(2)(A);
                            (ii) by striking ``In any'' and inserting 
                        the following:
            ``(1) In general.--In any''; and
                            (iii) by adding at the end the following:
            ``(2) Servicemember family leave.--
                    ``(A) In general.--The aggregate number of 
                workweeks of leave to which both that husband and wife 
                may be entitled under subsection (a) may be limited to 
                26 workweeks during the single 12-month period 
                described in subsection (a)(3) if the leave is--
                            ``(i) leave under subsection (a)(3); or
                            ``(ii) a combination of leave under 
                        subsection (a)(3) and leave described in 
                        paragraph (1).
                    ``(B) Both limitations applicable.--If the leave 
                taken by the husband and wife includes leave described 
                in paragraph (1), the limitation in paragraph (1) shall 
                apply to the leave described in paragraph (1).''.
            (4) Certification.--Section 103 of such Act (29 U.S.C. 
        2613) is amended by adding at the end the following:
    ``(f) Certification for Servicemember Family Leave.--An employer 
may require that a request for leave under section 102(a)(3) be 
supported by a certification issued at such time and in such manner as 
the Secretary may by regulation prescribe.''.
            (5) Failure to return.--Section 104(c) of such Act (29 
        U.S.C. 2614(c)) is amended--
                    (A) in paragraph (2)(B)(i), by inserting ``or under 
                section 102(a)(3)'' before the semicolon; and
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``or'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) a certification issued by the 
                        health care provider of the servicemember being 
                        cared for by the employee, in the case of an 
                        employee unable to return to work because of a 
                        condition specified in section 102(a)(3).''.
            (6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) 
        is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 
        26 weeks, in a case involving leave under section 102(a)(3))'' 
        after ``12 weeks''.
            (7) Instructional employees.--Section 108 of such Act (29 
        U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and 
        (d)(3), by inserting ``or under section 102(a)(3)'' after 
        ``section 102(a)(1)''.
    (b) Servicemember Family Leave for Civil Service Employees.--
            (1) Definitions.--Section 6381 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the term `active duty' means duty under a call or 
        order to active duty under a provision of law referred to in 
        section 101(a)(13)(B) of title 10, United States Code;
            ``(8) the term `covered 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, is otherwise in medical hold or medical holdover 
        status, or is otherwise on the temporary disability retired 
        list, for a serious injury or illness;
            ``(9) the term `medical hold or medical holdover status' 
        means--
                    ``(A) the status of a member of the Armed Forces, 
                including a member of the National Guard or a Reserve, 
                assigned or attached to a military hospital for medical 
                care; and
                    ``(B) the status of a member of a reserve component 
                of the Armed Forces who is separated, whether pre-
                deployment or post-deployment, from the member's unit 
                while in need of health care based on a medical 
                condition identified while the member is on active duty 
                in the Armed Forces;
            ``(10) the term `next of kin', used with respect to an 
        individual, means the nearest blood relative of that 
        individual; and
            ``(11) the term `serious injury or illness', in the case of 
        a member of the Armed Forces, means an injury or illness 
        incurred by the member in line of duty on active duty in the 
        Armed Forces that may render the member medically unfit to 
        perform the duties of the member's office, grade, rank, or 
        rating.''.
            (2) Entitlement to leave.--Section 6382(a) of such title is 
        amended by adding at the end the following:
            ``(3) Subject to section 6383, an employee who is the 
        spouse, son, daughter, parent, or next of kin of a covered 
        servicemember shall be entitled to a total of 26 administrative 
        workweeks of leave during a 12-month period to care for the 
        servicemember. The leave described in this paragraph shall only 
        be available during a single 12-month period.
            ``(4) During the single 12-month period described in 
        paragraph (3), an employee shall be entitled to a combined 
        total of 26 administrative workweeks of leave under paragraphs 
        (1) and (3). Nothing in this paragraph shall be construed to 
        limit the availability of leave under paragraph (1) during any 
        other 12-month period.''.
            (3) Requirements relating to leave.--
                    (A) Schedule.--Section 6382(b) of such title is 
                amended--
                            (i) in paragraph (1), in the second 
                        sentence--
                                    (I) by striking ``section 
                                6383(b)(5)'' and inserting ``subsection 
                                (b)(5) or (f) (as appropriate) of 
                                section 6383''; and
                                    (II) by inserting ``or under 
                                subsection (a)(3)'' after ``subsection 
                                (a)(1)''; and
                            (ii) in paragraph (2), by inserting ``or 
                        under subsection (a)(3)'' after ``subsection 
                        (a)(1)''.
                    (B) Substitution of paid leave.--Section 6382(d) of 
                such title is amended by adding at the end the 
                following: ``An employee may elect to substitute for 
                leave under subsection (a)(3) any of the employee's 
                accrued or accumulated annual or sick leave under 
                subchapter I for any part of the 26-week period of 
                leave under such subsection.''.
                    (C) Notice.--Section 6382(e) of such title is 
                amended by inserting ``or under subsection (a)(3)'' 
                after ``subsection (a)(1)''.
            (4) Certification.--Section 6383 of such title is amended 
        by adding at the end the following:
    ``(f) An employing agency may require that a request for leave 
under section 6382(a)(3) be supported by a certification issued at such 
time and in such manner as the Office of Personnel Management may by 
regulation prescribe.''.
                                 <all>