[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3645 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3645

To implement recommendations of the President's Commission on Care for 
                 America's Returning Wounded Warriors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2007

  Mr. Space (for himself, Ms. Sutton, Ms. Matsui, and Mr. Rodriguez) 
 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, House Administration, and Oversight and Government 
 Reform, 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 implement recommendations of the President's Commission on Care for 
                 America's Returning Wounded Warriors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthier Heroes Act''.

SEC. 2. CLARIFICATION OF OBJECTIVES FOR AND COORDINATION BETWEEN DOD 
              AND VA PROGRAMS.

    (a) Single, Comprehensive, Standardized Medical Examination.--The 
Secretary of Defense and the Secretary of Veterans Affairs shall 
develop a single, comprehensive, standardized medical examination for 
members of the Armed Forces that, while administered by the Department 
of Defense, will be--
            (1) used 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) used by the Department of Veterans Affairs to establish 
        the disability rating, compensation, and benefits programs for 
        the member if the member is retired or separated because of 
        physical disability.
    (b) DOD Role Limited to Determining Fitness To Serve.--Section 1216 
of title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
            (2) by adding at the end the following new subsection:
    ``(e) The determination under this chapter of the percentage of 
disability of a member of the armed forces at the time of the member's 
separation from active duty shall be made by the Department of Veterans 
Affairs.''.
    (c) Sense of Congress.--It is the sense of Congress that the use of 
a single, comprehensive, standardized medical examination by both the 
Department of Defense and the Department of Veterans Affairs and the 
clear differentiation of the roles of the Department of Defense and 
Department of Veterans Affairs disability programs will eliminate 
duplicative processes as well as reduce inequities for members of the 
Armed Forces.

SEC. 3. AVAILABILITY OF POST-TRAUMATIC STRESS DISORDER CARE.

    Notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall provide appropriate medical care to any veteran 
of Operation Iraqi Freedom or Operation Enduring Freedom who needs 
medical care for post-traumatic stress disorder regardless of the 
length of time the veteran has been separated from active duty service 
in the armed forces.

SEC. 4. 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.
    ``(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 60 days after the date of the enactment of this Act.

SEC. 5. 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 results in a serious 
        physical disability, as defined in section 199.2 of title 32, 
        Code of Federal Regulations, or that renders 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 results in a serious physical disability, as 
        defined in section 199.2 of title 32, Code of Federal 
        Regulations, or that renders 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>