[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3581 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3581

  To clarify the roles of the Department of Defense and Department of 
   Veterans Affairs disability evaluation systems for retirement and 
compensation of members of the Armed Forces for disability, to require 
the development of a single physical exam that can be used to determine 
 both fitness for duty and disability ratings, to standardize fitness 
        testing among the Armed Forces, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2007

 Mr. Jones of North Carolina introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
    Committee on Veterans' Affairs, 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 clarify the roles of the Department of Defense and Department of 
   Veterans Affairs disability evaluation systems for retirement and 
compensation of members of the Armed Forces for disability, to require 
the development of a single physical exam that can be used to determine 
 both fitness for duty and disability ratings, to standardize fitness 
        testing among the Armed Forces, 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. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS 
              DISABILITY EVALUATION SYSTEMS.

    (a) Distinct Roles for DOD and VA.--The Secretary of Defense and 
the Secretary of Veterans Affairs shall develop a joint disability 
evaluation system under which--
            (1) the Department of Defense shall be responsible for 
        determining whether an injured member of the Armed Forces is 
        fit to perform the duties of the member's office, grade, rank, 
        or rating, or should be retired or separated because of 
        physical disability under chapter 61 of title 10, United States 
        Code; and
            (2) the Department of Veterans Affairs shall be responsible 
        for establishing the disability rating, compensation, and 
        benefits programs for the member if the member is retired or 
        separated because of physical disability.
    (b) Single Physical Exam.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall develop a single medical 
examination for the evaluation of members of the Armed Forces who incur 
an injury that may require the retirement or separation of the member 
from the Armed Forces, which shall be used--
            (1) by medical evaluation boards and physical evaluation 
        boards of the Department of Defense to determine the fitness of 
        a member of the Armed Forces to perform the duties of the 
        member's office, grade, rank, or rating; and
            (2) by the Department of Veterans Affairs to establish the 
        disability rating, compensation, and benefits programs for the 
        member.
    (c) Standardization.--The Secretary of Defense shall standardize 
for each of the military departments the testing used to determine the 
fitness of a member to perform duty.
    (d) Department of Veterans Affairs Assessment.--The Secretary of 
Veterans Affairs shall conduct an assessment of the training programs 
of the Department of Veterans Affairs. Such assessment shall include an 
evaluation of the training programs for personnel of the Department of 
Defense whose responsibilities are related to the disability evaluation 
system described in subsection (a).
    (e) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Defense shall each submit to Congress a report on any 
actions taken to carry out this Act.
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