Healthier Heroes Act - Directs the Secretary of Defense and the Secretary of Veterans Affairs to develop a single medical examination for members of the Armed Forces to be used by: (1) Department of Defense (DOD) medical evaluation boards and physical evaluation boards 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) the Department of Veterans Affairs (VA) to establish the disability rating, compensation, and benefits programs for a member who is retired or separated because of physical disability.
Directs the Secretary of Veterans Affairs to provide appropriate medical care to any veteran of Operation Iraqi Freedom or Operation Enduring Freedom for post-traumatic stress disorder regardless of the length of time the veteran has been separated from active duty service.
Provides extended benefits under TRICARE (a DOD managed care program) for the primary caregivers of members who incur a serious injury or illness while on active duty.
Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a single 12-month period to care for the servicemember.
Defines covered servicemember as a member of the U.S. 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 incurred in the line of duty on active duty that may render the member medically unfit to perform his or her duties.
Provides for the substitution of accrued paid vacation, personal, family leave, or medical or sick leave for any part of the 26-week period.
Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period.
Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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.
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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
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.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Military Personnel.