[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1440

 To establish requirements applicable across the military departments 
for the retention in the Armed Forces of members who seek to remain in 
the Armed Forces following an injury or disability incurred in the line 
                      of duty in the Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2009

   Mr. Wyden introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To establish requirements applicable across the military departments 
for the retention in the Armed Forces of members who seek to remain in 
the Armed Forces following an injury or disability incurred in the line 
                      of duty in the Armed Forces.

    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 ``Wounded Warrior Retention Act of 
2009''.

SEC. 2. UNIFORM REQUIREMENTS APPLICABLE TO THE RETENTION IN THE ARMED 
              FORCES OF MEMBERS SEEKING TO REMAIN IN THE ARMED FORCES 
              FOLLOWING INJURY OR DISABILITY IN THE LINE OF DUTY.

    The retention in the Armed Forces of a member of the Armed Forces 
(including a member of the National Guard or Reserve) who seeks to 
remain in the Armed Forces following an injury or disability suffered 
or incurred in the line of duty in the Armed Forces shall be subject to 
the requirements as follows:
            (1) A member shall be considered for retention if the 
        member has previously been deployed abroad in the Armed Forces.
            (2) A member shall be considered for retention if the 
        member has served at least one year in the Armed Forces or such 
        lesser period as the Secretary of the military department 
        concerned shall prescribe for purposes of this section.
            (3) A member may be denied retention if--
                    (A) the injury or disability of the member was 
                incurred through the misconduct or willful negligence 
                of the member, or during an unauthorized absence of the 
                member;
                    (B) the Secretary of the military department 
                concerned determines that the member would not be able 
                to work in a military environment without adversely 
                affecting the member's health, posing a risk to other 
                members of the Armed Forces, or requiring undue loss of 
                time for medical treatment; or
                    (C) the Secretary of the military department 
                concerned determines that the member would be incapable 
                of serving in the Armed Forces for at least one year 
                after retention, or such shorter period after retention 
                as the Secretary of Defense shall prescribe for 
                purposes of this section.
            (4) A member so retained who is unable to perform the 
        duties of the military occupational specialty to which assigned 
        when injured or disabled shall be assigned--
                    (A) to limited duty within such military 
                occupational specialty consistent with the member's 
                capabilities; or
                    (B) to retraining for assignment to a military 
                occupational specialty consistent with the member's 
                capabilities.
            (5) Any physical evaluation (including any fitness test) of 
        a member so retained shall take into appropriate account the 
        nature and extent of the injury or disability of the member, 
        and failure of completion of such a physical evaluation, alone, 
        shall not disqualify a member for retention.
            (6) The retention of a member so retained shall not affect 
        the eligibility of the member for promotion or assignment to 
        specialized training necessary for advancement as a member of 
        the Armed Forces as otherwise provided by law.
                                 <all>