[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 944

 To amend title 10, United States Code, to require the Secretaries of 
    the military departments to give wounded members of the reserve 
 components of the Armed Forces the option of remaining on active duty 
during the transition process in order to continue to receive military 
 pay and allowances, to authorize members to reside at their permanent 
    places of residence during the process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to require the Secretaries of 
    the military departments to give wounded members of the reserve 
 components of the Armed Forces the option of remaining on active duty 
during the transition process in order to continue to receive military 
 pay and allowances, to authorize members to reside at their permanent 
    places of residence during the process, 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.

    This Act may be cited as the ``Wounded Warrior Transition 
Assistance Act of 2009''.

SEC. 2. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT 
              MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR 
              CERTAIN OTHER RESERVE COMPONENT MEMBERS.

    Section 1218 of title 10, United States Code, is amended by adding 
at the end the following new subsections:
    ``(d)(1) The Secretary of a military department shall give a member 
of a reserve component under the jurisdiction of the Secretary who is 
being evaluated by a physical evaluation board for separation or 
retirement for disability under this chapter or for placement on the 
temporary disability retired list or inactive status list under this 
chapter the option to remain on active duty in order to continue to 
receive pay and allowances under title 37 during the physical 
evaluation board process until such time as the member--
            ``(A) is cleared by the board to return to duty; or
            ``(B) is separated, retired, or placed on the temporary 
        disability retired list or inactive status list.
    ``(2) A member may change the election under paragraph (1) at any 
point during the physical evaluation board process and be released from 
active duty.
    ``(3) The requirements in paragraph (1) shall expire on the date 
that is five years after the date of the enactment of the Wounded 
Warrior Transition Assistance Act of 2009.
    ``(e)(1) The Secretary of a military department shall retain on 
active duty a member of a reserve component under the jurisdiction of 
the Secretary who incurs an injury or illness while on active duty, is 
being discharged or separated from the armed forces, or being released 
from active duty in the armed forces, and is not being evaluated by a 
physical evaluation board for purposes of this chapter in connection 
with such discharge, separation, or release in order for the member to 
continue to receive pay and allowances under title 37 until such time 
as the member--
            ``(A) is retired or placed on the temporary disability 
        retired list or inactive status list; or
            ``(B) is determined not to be eligible for such care or 
        benefits based solely upon such injury or illness.
    ``(2) A member retained on active duty under paragraph (1) may 
elect at any time while so retained to be discharged, separated, or 
released, as applicable, from active duty.
    ``(3) The requirements in paragraph (1) shall expire on the date 
that is five years after the date of the enactment of the Wounded 
Warrior Transition Assistance Act of 2009.
    ``(f) A member contemplating the exercise of an option under 
subsection (d), or making an election under subsection (e), may 
exercise such option or make such election, as the case may be, only 
after consultation with a member of the applicable judge advocate 
general's corps.''.

SEC. 3. COMPLIANCE OF HUMAN RESOURCES COMMANDS WITH REQUESTS FOR 
              RETENTION OF RESERVE COMPONENT MEMBERS ON ACTIVE DUTY.

    (a) In General.--The applicable human resources command shall 
return to active duty in the Armed Forces for the purposes specified in 
subsection (b) each member of a reserve component of the Armed Forces--
            (1) who wants to return to active duty; and
            (2) who--
                    (A) is determined by an appropriate physician 
                (including a private physician) to be unable to work 
                due to an illness or injury that may be determined to 
                be service-connected; and
                    (B) is not retired, placed on the temporary 
                disability retired list, receiving incapacitation pay 
                under subsection (g) or (h) of section 204 of title 37, 
                United States Code, or receiving health care and 
                disability benefits through the Department of Veterans 
                Affairs with respect to such illness or injury.
    (b) Covered Purposes.--The purposes for which a member of a reserve 
component of the Armed Forces shall be returned to active duty under 
subsection (a) are the following:
            (1) The receipt of a medical evaluation.
            (2) The receipt of medical treatment for an illness or 
        injury described in subsection (a).
            (3) A determination of eligibility for placement on the 
        temporary disability retired list.
    (c) Human Resources Commands.--For purposes of this section, the 
term ``applicable human resources command'' means the following:
            (1) For the Army, the Human Resources Command.
            (2) For the Navy and the Marine Corps, the Air Force, and 
        the Coast Guard, the command or element of the military 
        department concerned (or the element of the Department of 
        Homeland Security with respect to the Coast Guard when it is 
        not acting as a service in the Navy) responsible for 
        discharging human resources functions with respect to members 
        of the Armed Forces.
    (d) Sunset.--The requirements in subsection (a) shall expire on the 
date that is five years after the date of the enactment of this Act.

SEC. 4. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE 
              COMPONENT MEMBERS.

    Section 1222 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Use of Local Residences for Certain Reserve Component 
Members.--(1)(A) A member of a reserve component described by 
subparagraph (B) shall be permitted to reside at the member's permanent 
place of residence if residing at that location is medically feasible, 
as determined by a licensed health care provider.
    ``(B) A member of a reserve component described by this 
subparagraph is any member as follows:
            ``(i) Any member remaining on active duty under subsection 
        (d) of section 1218 of this title, or retained on active duty 
        under subsection (e) of such section, during the period the 
        member is on active duty under such subsection.
            ``(ii) Any member returned to active duty under section 3 
        of the Wounded Warrior Transition Assistance Act of 2009 during 
        the period the member is on active duty for a purpose specified 
        in subsection (b) of that section.
    ``(2) Nothing in this subsection shall be construed as terminating, 
altering, or otherwise affecting the authority of the commander of a 
member described in paragraph (1)(B) to order the member to perform 
duties consistent with the member's fitness for duty.
    ``(3) The Secretary concerned shall pay any reasonable expenses of 
transportation, lodging, and meals incurred by a member residing at the 
member's permanent place of residence under this subsection in 
connection with travel from the member's permanent place of residence 
to a medical facility during the period in which the member is covered 
by this subsection.''.

SEC. 5. AUTHORIZATION FOR USE OF DEFENSE HEALTH PROGRAM FUNDS FOR 
              SUPPORT PROGRAMS FOR CERTAIN MEMBERS OF THE RESERVE 
              COMPONENTS.

    (a) Authorization.--Funds in the Defense Health Program shall be 
available, subject to appropriations, for support programs for any 
member of a reserve component who becomes ill or injured while on 
active duty and separates from active duty as a result of the illness 
or injury.
    (b) Support Programs.--The support programs for which such funds 
shall be available include the following:
            (1) Non-clinical case management.
            (2) TRICARE program advisors.
            (3) Psychological health programs.
            (4) Connection and support of military health system 
        electronic medical records.
    (c) Coordination.--The Office of the Secretary of Defense for 
Health Affairs shall coordinate with the reserve components, including 
the National Guard, in determining the budget requirements of the 
reserve components for the support programs.

SEC. 6. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL 
              TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH 
              MEDICAL DISCHARGE PROCESS.

    (a) Capacity for Assistance Required.--Each Secretary of a military 
department shall ensure that the number of members of the judge 
advocate general's corps under the jurisdiction of such Secretary who 
are dedicated to providing legal assistance to members of the Armed 
Forces regarding medical discharge from the Armed Forces is adequate to 
ensure that such corps has the capacity to provide legal assistance to 
all members of the Armed Force or Armed Forces under the jurisdiction 
of such Secretary who are undergoing medical discharge from the Armed 
Forces (including during evaluation by a medical evaluation board 
(MEB)) in connection with such medical discharge.
    (b) Provision of Assistance.--
            (1) In general.--The Secretary of each military department 
        shall, utilizing members of the judge advocate general's corps 
        under the jurisdiction of such Secretary described in 
        subsection (a), ensure that each member of the Armed Forces 
        under the jurisdiction of such Secretary who is undergoing 
        medical discharge from the Armed Forces receives appropriate 
        assistance on all legal matters relating to medical discharge 
        from the Armed Forces.
            (2) Elements.--The assistance provided a member of the 
        Armed Forces under this subsection shall include the following:
                    (A) Outreach by a member of the judge advocate 
                general's corps to the member of the Armed Forces at 
                the commencement of the medical discharge process by 
                the member of the Armed Forces regarding legal matters 
                relating to evaluation by a medical evaluation board.
                    (B) Representation by a member of the judge 
                advocate general's corps of the member of the Armed 
                Forces in connection with evaluation by a medical 
                evaluation board, if requested by the member of the 
                Armed Forces.

SEC. 7. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL 
              TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH 
              DISABILITY EVALUATION BY THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Capacity for Assistance Required.--Each Secretary of a military 
department shall ensure that the judge advocate general's corps under 
the jurisdiction of such Secretary has the capacity to provide legal 
assistance to members of the Armed Force or Armed Forces under the 
jurisdiction of such Secretary who are undergoing disability evaluation 
by the Department of Veterans Affairs in connection with such 
disability evaluation.
    (b) Provision of Assistance.--
            (1) In general.--The Secretary of each military department 
        shall, utilizing members of the judge advocate general's corps 
        under the jurisdiction of such Secretary covered by subsection 
        (a), ensure that each member of the Armed Forces under the 
        jurisdiction of such Secretary who is undergoing disability 
        evaluation by the Department of Veterans Affairs receives 
        appropriate assistance on all legal matters relating to such 
        evaluation.
            (2) Elements.--The assistance provided a member of the 
        Armed Forces under this subsection shall include the following:
                    (A) Outreach by a member of the judge advocate 
                general's corps to the member of the Armed Forces at 
                the commencement by the member of the Armed Forces of 
                disability evaluation by the Department of Veterans 
                Affairs regarding legal matters relating to disability 
                evaluation by the Department of Veterans Affairs.
                    (B) Subject to paragraph (3), representation by a 
                member of the judge advocate general's corps of the 
                member of the Armed Forces in connection with 
                disability evaluation by the Department of Veterans 
                Affairs if requested by the member of the Armed Forces.
            (3) Scope of representation.--Members of the judge advocate 
        generals' corps shall have such powers and privileges to 
        practice before the Department of Veterans Affairs in 
        connection with representation of members of the Armed Forces 
        undergoing disability evaluation by the Department of Veterans 
        Affairs as the Secretary of Defense and the Secretary of 
        Veterans Affairs shall jointly prescribe in regulations for 
        purposes of this section. Such powers and privileges may not be 
        more restricted than the powers and privileges afforded 
        representatives of organizations recognized by the Secretary of 
        Veterans Affairs under section 5902 of title 38, United States 
        Code, in representing veterans in connection with disability 
        evaluation by the Department of Veterans Affairs.

SEC. 8. SENSE OF CONGRESS ON ACCESS OF VETERANS SERVICE ORGANIZATIONS 
              TO MILITARY FACILITIES FOR COUNSELING AND SERVICES FOR 
              MEMBERS OF THE ARMED FORCES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) each commander of a military installation should ensure 
        the use of space and equipment at military installations, as 
        required by section 2670(c) of title 10, United States Code, by 
        representatives of qualified veterans service organizations, 
        including those authorized to function on military 
        installations under that section;
            (2) the commander of each facility or location at which 
        access is provided under section 2670(c) of such title should 
        endeavor to provide private space in which a member of the 
        Armed Forces may receive counseling and services as available 
        from veterans service organizations;
            (3) the Secretary of Defense should widely disseminate 
        information regarding the existence and availability of the 
        Wounded Warrior Resource Center as required by section 1616 of 
        the Wounded Warrior Act (title XVI of Public Law 110-181; 122 
        Stat. 447; 10 U.S.C. 1071 note) to members of the Armed Forces 
        and their dependents; and
            (4) the Wounded Warrior Center should provide legal 
        assistance referral information where appropriate, as provided 
        for in this Act, especially to those members of the Armed 
        Forces for whom a medical evaluation board or a physical 
        evaluation board has been initiated and their family members.
    (b) Qualified Veterans Services Organization Defined.--In this 
section, the term ``qualified veterans service organization'' means an 
organization that is recognized by the Secretary of Veterans Affairs 
for the representation of veterans under section 5902 of title 38, 
United States Code.

SEC. 9. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 180 days after the date of the enactment of this Act.

SEC. 10. FUNDING.

    Notwithstanding any provision of subchapter VI of chapter 35 of 
title 31, United States Code, for purposes of carrying out this Act and 
the amendments made by this Act, an amount in the aggregate of 
$50,000,000 shall be derived from amounts recovered by the Department 
of Defense from erroneous payments to contractors pursuant to recovery 
audits and activities carried out by the Department under section 3561 
of such title.
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