1.This Act may be cited as the
Wounded Warrior Transition Assistance
Act of 2009
.
2.Continuation of
military compensation for reserve component members during physical evaluation
board process and for certain other reserve component membersSection 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.
.
3.Compliance of human
resources commands with requests for retention of reserve component members on
active duty
(a)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)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)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)The
requirements in subsection (a) shall expire on the date that is five years
after the date of the enactment of this Act.
4.Encouragement of
use of local residences for certain reserve component membersSection 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.
.
5.Authorization for
use of Defense Health Program funds for support programs for certain members of
the reserve components
(a)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)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)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.
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 requiredEach 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)
(1)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)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.
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 requiredEach 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)
(1)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)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)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.
8.Sense of
Congress on access of veterans service organizations to military facilities for
counseling and services for members of the Armed Forces
(a)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 definedIn 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.
9.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.
10.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.