118 HR 9870 IH: Parity for Public Health Service Ready Reserve Act U.S. House of Representatives 2024-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 9870IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2024Mr. Landsman (for himself and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Oversight and Accountability, Veterans' Affairs, and Energy and Commerce, 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 concernedA BILLTo improve the provision of benefits and services to members of the Ready Reserve Corps of the Public Health Service, and for other purposes.

1.

Short title

This Act may be cited as the Parity for Public Health Service Ready Reserve Act.

2.

Public Health Service Ready Reserve Corps (PHS RRC)

(a)

Establishment

Section 10141 of title 10, United States Code, is amended—(1)in subsection (a), by striking in each armed force and inserting in each uniformed service; and(2)in subsection (c), striking the same for all armed forces and inserting the same for all reserve components of the uniformed services.(b)

Organization and unit structure

Section 10143(b) of title 10, United States Code, is amended—(1)in paragraph (1)—(A)by inserting and the Public Health Service Ready Reserve Corps after other than the Coast Guard; and(B)by striking war plans; and and inserting war plans;;(2)in paragraph (2), by striking the period at the end and inserting ; and; and(3)by adding at the end the following new paragraph:(3)in the case of the Public Health Service Ready Reserve Corps, by the Secretary of Health and Human Services upon the recommendation of the Assistant Secretary for Health..(c)

Placement in Ready Reserves

Section 10145(a) of title 10, United States Code, is amended by striking Ready Reserve of his armed force for his prescribed term of service, unless he is transferred and inserting Ready Reserve of the reserve component of the member's uniformed service for his or her prescribed term of service, unless such member is transferred.(d)

Standby Reserves

(1)

Transfers to

Section 10146 of title 10, United States Code, is amended—(A)in subsection (a), by inserting and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps after operating as a service in the Navy; and(B)in subsection (b), by inserting or the Secretary of Health and Human Services, as the case may be, after prescribed by the Secretary concerned. (2)

Transfers from

Section 10150 of title 10, United States Code, is amended by inserting and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps after operating as a service in the Navy.(3)

Training requirements

Section 10147(a) of title 10, United States Code, is amended—(A)by striking in an armed force and inserting in a uniformed service; and(B)by inserting and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps after operating as a service in the Navy.(4)

Failure to satisfactorily perform prescribed training

Section 10148(a) of title 10, United States Code, is amended by inserting or the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps after Secretary of Defense.(e)

Inactive status list

Section 10152 of title 10, United States Code, is amended by striking armed force and inserting uniformed service.(f)

Technical and conforming amendments

(1)

Authorized end strength of the Ready Reserves of the Armed Forces

Section 10142 of title 10, United States Code, is amended by inserting of the armed forces after Ready Reserve both places it appears.(2)

Continuous screening provisions applicable to Armed Forces

Section 10149 of title 10, United States Code, is amended—(A)in subsection (a), by inserting or, in the case of the Public Health Service Ready Reserve Corps, the Secretary of Health and Human Services, after Secretary concerned; and(B)in subsection (b)(2)(A), by inserting or, in the case of a Member of Congress who also is a member of the Public Health Service Ready Reserve Corps, the Secretary of Health and Human Services after operating as a service in the Navy.(3)

Composition of Standby Reserves of Armed Forces

Section 10151 of title 10, United States Code, is amended by inserting of the armed forces after The Standby Reserve.

3.

Dual compensation parity for Ready Reserve Corps of the Public Health Service

(a)

Dual employment

Section 5534 of title 5, United States Code, is amended— (1)by inserting , a member of the Ready Reserve Corps of the Public Health Service, after armed forces; and(2)by inserting , member of the Ready Reserve Corps, after allowances as a Reserve.(b)

Uniformed service leave

(1)

In general

Section 6323 of title 5, United States Code, is amended—(A)in the section heading, by striking Military leave; Reserves and National Guardsmen and inserting Uniformed services leave; (B)in subsection (b)—(i)in paragraph (1)— (I)by striking or the National Guard and inserting the following: the National Guard; and(II)by inserting , or the Ready Reserve Corps of the Public Health Service after of title 32; and(ii)in paragraph (2)—(I)in subparagraph (A)(ii), by striking or at the end;(II)in subparagraph (B), by inserting or after the semicolon at the end; and(III)by inserting after subparagraph (B) the following:(C)in the case of a member of the Ready Reserve Corps of the Public Health Service, performs services as a result of a deployment to respond to an urgent or emergency public health need, as defined in section 203A(a) of the Public Health Service Act (42 U.S.C. 204a(a));; and(C)by adding at the end the following:(e)(1)Subject to paragraph (2) of this subsection, an employee as defined by section 2105 of this title or an individual employed by the Government of the District of Columbia is entitled to leave without loss in pay, time, or performance or efficiency rating for active duty or inactive-duty training (as defined in section 101 of title 37) as a member of the Ready Reserve Corps of the Public Health Service. Leave under this subsection accrues for an employee or individual at the rate of 15 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year.(2)In the case of an employee or individual employed on a part-time career employment basis (as defined in section 3401(2) of this title), the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed under paragraph (1) which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee or individual during that fiscal year.(3)The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof..(2)

Conforming amendment

The table of sections for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6323 and inserting the following:6323. Uniformed services leave..

4.

Clarification of entitlement to Post-9/11 Educational Assistance for service on active duty in the uniformed services

(a)

Clarification

Section 3301(1) of title 38, United States Code, is amended by adding at the end the following new subparagraphs:(D)In the case of members of the regular components of the Commissioned Corps of the Public Health Service, the meaning given such term in section 101(21)(B).(E)In the case of members of the reserve component of the Commissioned Corps of the Public Health Service, service on active duty under a call or order to active duty under subparagraph (B), (C), or (D) of section 203(c)(2) of the Public Health Service Act (42 U.S.C. 204(c)(2)) or section 216 of such Act (42 U.S.C. 217)..(b)

Additional clarification

Section 3311 of such title is amended—(1)in the section heading by striking in the Armed Forces and inserting in the uniformed services;(2)in subsection (b), in paragraphs (1) through (11), by striking Armed Forces each place it appears and inserting uniformed services;(3)in subsection (c), by striking Armed Forces each place it appears and inserting uniformed services;(4)in subsection (d)(3)(A), by striking Armed Forces and inserting uniformed services; and(5)in subsection (f)(4)(B)(ii), by striking Armed Forces and inserting uniformed services.(c)

Applicability

The amendments made by subsections (a) and (b) shall apply with respect to service occurring on or after March 27, 2020.(d)

Clerical amendment

The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3311 and inserting the following new item:3311. Educational assistance for service in the uniformed services commencing on or after September 11, 2001: entitlement..(e)

Technical correction

Section 101 of such title is amended, in paragraphs (21) through (23), by striking Reserve Corps of the Public Health Service each place it appears and inserting Ready Reserve Corps of the Public Health Service.

5.

Extension of certain educational benefits to members of the Public Health Service Ready Reserve Corps

(a)

In general

Section 16131 of title 10, United States Code, is amended—(1)in subsection (a)—(A)by striking each military department and inserting the reserve component of that Secretary's uniformed service;(B)by striking and after Secretary of Defense,;(C)by inserting , and the Secretary of Health and Human Services with respect to the Public Health Service Ready Reserve Corps, after Navy; and(D)by striking of the armed forces under the jurisdiction of the Secretary concerned and inserting of the uniformed services under the jurisdiction of such Secretary;(2)in subsection (b)(1), by inserting or the Secretary of Health and Human Services, as the case may be after Secretary concerned;(3)in subsection (c)(3)(B)(i), by inserting or section 203 of the Public Health Service Act (42 U.S.C. 204(a)(4)) after of this title; (4)in subsection (g)(2)(A), by inserting or the Secretary of Health and Human Services, as the case may be after Secretary concerned; and(5)in subsection (i)—(A)by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary of Defense each place it appears; and(B)by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary concerned each place it appears.(b)

Eligibility

Section 16132(c) of title 10, United States Code, is amended by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary of Defense.(c)

Authority To transfer unused education benefits to family members

Section 16132a of title 10, United States Code, is amended—(1)in subsection (a), by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary concerned;(2)in subsection (b)(1), by striking member of the armed forces and inserting member of the reserve component of such member's uniformed service;(3)in subsection (d), by inserting and the Secretary of Health and Human Services after Secretary of Defense;(4)in subsection (f)(2), by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary concerned;(5)in subsection (g), by striking armed forces and inserting uniformed services both places it appears;(6)in subsection (h)(5)(B)—(A)by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary concerned; and(B)by inserting or a member of the Public Health Service Commissioned Corps, as the case may be after enlisted member; and(7)in subsection (j), by inserting and the Secretary of Health and Human Services after Secretary of Defense.(d)

Failure To participate satisfactorily; penalties

Section 16135(a) of title 10, United States Code, is amended—(1)by inserting or the Secretary of Health and Human Services, as the case may be after Secretary concerned; and(2)by striking of an armed force and inserting of a uniformed service.(e)

Administration of the program

Section 16136(a) of title 10, United States Code, is amended—(1)by striking and by the Secretary of Homeland Security and inserting by the Secretary of Homeland Security, and by the Secretary of Health and Human Services; and(2)by inserting or the Secretary of Health and Human Services, as the case may be, after Secretary concerned.(f)

Applicability

The amendments made by subsections (a) through (e) shall apply with respect to service occurring on or after March 27, 2020.

6.

Additional rights and privileges

(a)

In general

Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following:(22)Chapter 40, Leave, except that section 701(b) shall be applied and administered by substituting 120 days' leave for 60 days' leave. (23)Section 982, Members: service on State and local juries. (24)Section 1145, Health benefits.(25)Section 1076a, TRICARE dental program.(26)Section 1076d, TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve.(27)Section 1076e, TRICARE program: TRICARE Retired Reserve coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.(28)Section 1057, Use of armed forces insignia on State license plates.(29)Section 1094, Licensure requirement for health-care professionals.(30)Section 987, Terms of consumer credit extended to members and dependents: limitations.(31)Section 1074, Medical and dental care for members and certain former members.(32)Section 1074a, Medical and dental care: members on duty other than active duty for a period of more than 30 days..(b)

Repeal

Section 219 of the Public Health Service Act (42 U.S.C. 210–1) is repealed.

7.

Expansion of Reserve Forces Policy Board to include representation of Public Health Service

Section 10301(c) of title 10, United States Code, is amended—(1)in the matter before paragraph (1), by striking 20 members and inserting 21 members; and(2)by adding at the end the following new paragraph:(9)One active or retired officer of the Ready Reserve Corps of the Public Health Service Commissioned Corps or one civilian, appointed by the Secretary of Health and Human Services..

8.

Funding of Ready Reserve Corps

Section 203(d) of the Public Health Service Act (42 U.S.C. 204(d)) is amended by striking $12,500,000 for each of fiscal years 2010 through 2014 and inserting $13,600,000 for each of fiscal years 2024 and 2025.