War on Terror Wounded Heroes' Bill of Rights Act - Directs the Secretary of Defense to provide prompt emergency cash assistance to a member of the Armed Forces or a veteran who, on or after September 11, 2001, was or is severely wounded or injured while serving on active duty in combat operations of Operations Enduring Freedom or Iraqi Freedom (each such individual to be known as a War on Terror Wounded Hero) and, due to such injury and subsequent medical treatment, is undergoing significant financial difficulty.
Requires the Secretary of Veterans Affairs (Secretary) to ensure the provision of sufficient services to meet the needs of all War on Terror Wounded Heroes without regard to residential geographic location with respect to the following medical services: (1) adult day health care; (2) home health care; (3) respite care; (4) home-based primary care; (5) hospice; and (6) such other noninstitutional extended care services as appropriate.
Directs the Secretary to operate and maintain a voluntary program in caregiver education, training, and certification for family members of War on Terror Wounded Heroes.
Authorizes the Secretary to contract with non-Department of Veterans Affairs (VA) facilities to furnish care to War on Terror Wounded Heroes, under certain conditions.
Requires review by the Department of Veterans Affairs-Department of Defense Joint Executive Committee of the emergency cash assistance, medical services, and caregiver support programs established under this Act.
Provides a business tax credit for employers hiring War on Terror Wounded Heroes.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6017 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6017
To provide for transitional emergency assistance to certain members of
the Armed Forces and veterans who are severely injured in the Global
War on Terror, to expand and improve programs for caregiver services
for those members and veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2006
Mr. Simmons introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Veterans' Affairs and Ways and Means, 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 provide for transitional emergency assistance to certain members of
the Armed Forces and veterans who are severely injured in the Global
War on Terror, to expand and improve programs for caregiver services
for those members and veterans, 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 ``War on Terror Wounded Heroes' Bill
of Rights Act''.
SEC. 2. PROVISION OF TRANSITIONAL EMERGENCY CASH ASSISTANCE TO
SERVICEMEMBERS SEVERELY WOUNDED OR INJURED IN OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.
(a) Provision of Emergency Cash Assistance.--(1) The Secretary of
Defense shall, through the head of the Severely Injured Joint Support
Operations Center of the Department of Defense or through the heads of
the support programs referred to in paragraph (2), provide prompt
emergency cash assistance to a War on Terror Wounded Hero (as defined
in subsection (b)) who, due to a severe injury, due to subsequent
treatment for that severe injury, or due to such other criteria related
to that severe injury as the Secretary may specify, is undergoing
significant financial difficulty (as defined by the Secretary). Such
emergency cash assistance shall be in an appropriate amount and for an
appropriate period determined under regulations prescribed by the
Secretary under subsection (c) under such terms and conditions as the
Secretary may specify.
(2) For purposes of paragraph (1), the support programs referred to
in this paragraph are programs of the military departments (as defined
in section 101(a)(8) of title 10, United States Code) to provide
assistance to members of the Armed Forces who incur severe wounds or
injuries in the line of duty, and include the following programs:
(A) The Army Wounded Warrior Program.
(B) The Marine Corps Marine for Life Support Program.
(C) The Air Force Palace HART Program.
(D) The Navy Wounded Marines and Sailors Initiative.
(b) War on Terror Wounded Hero Defined.--(1) In this Act, the term
``War on Terror Wounded Hero'' means a member of the Armed Forces or a
veteran who on or after September 11, 2001, was severely injured while
serving on active duty in the theater of combat operations (as
determined by the Secretary of Defense) of Operation Enduring Freedom
or Operation Iraqi Freedom.
(2) For purposes of paragraph (1)--
(A) the term ``severely'' with respect to an injury means--
(i) the inability or severe difficulty of an
individual with the injury to perform one or more
activities of daily living,
(ii) a service-connected disability rated at 30
percent or more (as determined by the Secretary of
Defense or Secretary of Veterans Affairs, as the case
may be), and
(iii) such other injuries or conditions as the
Secretary of Defense may specify;
(B) the term ``Armed Forces'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code; and
(C) the term ``veteran'' has the meaning given that term in
section 101(2) of title 38, United States Code.
(c) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to carry out this section which may be effective and final
immediately on an interim basis as of the date of publication of the
interim final regulation.
(2) In establishing guidelines under such regulations to determine
the need for emergency cash assistance, the amount of emergency cash
assistance required, and the period for which case assistance may be
required, the Secretary shall take into account the following:
(A) The location of the facility providing medical
treatment to a War on Terror Wounded Hero and the location of
the residence of the War on Terror Wounded Hero.
(B) The effect of the injury and medical treatment of a War
on Terror Wounded Hero on family members, including--
(i) the cost of travel to and, if applicable,
temporarily relocate to reside near the facility where
the War on Terror Wounded Hero is receiving medical
treatment, and
(ii) the financial impact on family members who
have left employment to care for the War on Terror
Wounded Hero.
(C) Any change in pay status of a War on Terror Wounded
Hero.
(D) Any applicable incorrect orders.
(E) Debts owed by a War on Terror Wounded Hero to the
United States for equipment issued, or overpayment made, to the
War on Terror Wounded Hero by the military departments.
(F) Level of indebtedness of the War on Terror Wounded Hero
and family, including consideration of the ability of the
family to secure basic necessities of life, such as food and
shelter.
(G) Consideration of the standard of living of the War on
Terror Wounded Hero and family before the severe injury was
incurred.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Defense $50,000,000 for each fiscal
year, beginning with fiscal year 2007, to carry out this section.
SEC. 3. EXPANSION AND MODIFICATION OF MEDICAL ASSISTANCE PROGRAMS TO
MEET THE NEEDS OF WAR ON TERROR WOUNDED HEROES AND THEIR
FAMILIES.
(a) Specially Tailored Program.--(1) Subchapter II of chapter 17 of
title 38, United States Code, is amended adding at the end the
following new sections:
``Sec. 1720F. Improvement of medical services for War on Terror Wounded
Heroes
``(a) Requirement for Uniform and Sufficient Assistance.--In
providing the medical services specified in subsection (c) to veterans
who are War on Terror Wounded Heroes, the Secretary shall ensure the
provision of sufficient services in a uniform manner to meet the needs
of all such veterans without regard to geographic location of the
residences of such veterans. The scope and intensity of services
required by this section shall be sufficient to permit the spouse of
the veteran, who would otherwise be providing care in the home to the
veteran, to be employed on a full-time basis.
``(b) Modification of Services To Meet Needs of War on Terror
Wounded Heroes.--The medical services required to be provided to War on
Terror Wounded Heroes under subsection (a) shall be tailored to meet
the needs of the population of War on Terror Wounded Heroes and shall
include specialized programs for the rehabilitation of such veterans,
reintegration of such veterans into civilian life, and promotion of
independent living for such veterans.
``(c) Specification of Medical Services.--The medical services
referred to in subsection (a) are the following:
``(1) Adult day health care under section 1710(b) of this
title.
``(2) Home health services under section 1717 of this
title.
``(3) Respite care under section 1720B of this title.
``(4) Home-based primary care.
``(5) Hospice services.
``(6) Such other noninstitutional extended care services
(as defined in section 1701(10)(B) of this title) as the
Secretary determines to be appropriate.
``(d) Definition.--(1) In this section and section 1720G of this
title, the term `War on Terror Wounded Hero' means a veteran who on or
after September 11, 2001, was severely injured while serving on active
duty in the theater of combat operations (as determined by the
Secretary of Defense) of Operation Enduring Freedom or Operation Iraqi
Freedom.
``(2) For purposes of paragraph (1), the term `severe' with respect
to an injury means--
``(A) the inability or severe difficulty of an individual
with the injury to perform one or more activities of daily
living,
``(B) a service-connected disability rated at 30 percent or
more (as determined by the Secretary or the Secretary of
Defense, as the case may be), and
``(C) such other injuries or conditions as the Secretary of
Defense has specified under section 2(b)(2) of the War on
Terror Wounded Heroes' Bill of Rights Act.
``Sec. 1720G. Caregiver support program for family members of War on
Terror Wounded Heroes
``(a) Program of Assistance for Caregivers.--Subject to section
1710(a)(4) of this title, the Secretary shall operate and maintain a
voluntary program in caregiver education, training, and certification
for family members of a War on Terror Wounded Hero (as defined in
section 1720F(d) of this title) in caregiver activities in accordance
with this section. The program shall be provided either directly by the
Department or through contracts.
``(b) Payment for Family Members Who Provide Caregiver Services.--
The program established under subsection (a) shall include payment to a
family member of a War on Terror Wounded Hero who has been certified by
an appropriate State licensing or certification agency as a provider of
caregiver services to provide such services to the War on Terror
Wounded Hero. Payment for such services shall be made at such rates,
and for such periods, as the Secretary may specify.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(2) Subsection (a)(4) of section 1710 of such title is amended--
(A) by striking ``and'' before ``the requirement in section
1710B of this title''; and
(B) by inserting ``, and the requirement in section 1720G
of this title to operate a caregiver support program for family
members of War on Terror Wounded Heroes'' after ``a program of
extended care services''.
(3) The table of sections at the beginning of chapter 17 of such
title is amended by inserting after the item relating to section 1720E
the following new items:
``1720F. Improvement of medical services for War on Terror Wounded
Heroes.
``1720G. Caregiver support program for family members of War on Terror
Wounded Heroes.''.
(b) Conforming Requirement Under Title 10.--(1) Chapter 55 of title
10, United States Code, is amended by inserting after section 1074k the
following new section:
``Sec. 1074l. Modification of medical care for War on Terror Wounded
Heroes; caregiver support program for family members of
War on Terror Wounded Heroes
``(a) Program of Assistance for Caregivers.--The Secretary of
Defense shall enter into an agreement with the Secretary of Veterans
Affairs, under the provisions of section 8111 of title 38, to provide--
``(1) the medical services required under section 1720F of
title 38 to members of the armed forces who would be War on
Terror Wounded Heroes (as defined in subsection (d) of such
section 1720F) if discharged or released from active duty, and
``(2) a program of caregiver support under section 1720G of
title 38 to family members of such members of the armed forces.
``(b) Medical Services and Assistance.--The agreement entered into
under subsection (a) shall provide for the same type and scope of
assistance and services as are provided by the Secretary of Veterans
Affairs to veterans and their family members under sections 1720F and
1720G of title 38, and meet the same requirements for the provision of
such medical services and assistance under such sections.''.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by inserting after the item relating to section 1074k
the following new item:
``1074l. Modification of medical care for War on Terror Wounded Heroes;
caregiver support program for family
members of War on Terror Wounded Heroes.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and apply to care furnished on or after such
date.
SEC. 4. AUTHORITY TO TREAT CERTAIN WAR ON TERROR WOUNDED HEROES AT NON-
DEPARTMENT FACILITIES.
(a) Care at Non-Department Facilities.--Section 1703 of title 38,
United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) In the case of a War on Terror Wounded Hero (as defined in
subsection (d) of section 1720F of this title) who requires hospital
care or medical services as authorized under section 1710 of this
title, the Secretary may contract with non-Department facilities in
order to furnish the care or services described in subsection (a) if
the Secretary determines that--
``(A) the closest Department facility is more than a 60-
minute drive from the residence of the veteran;
``(B) the severity of the condition of the veteran for
which care or services is required is such that transport of
the veteran to the closest Department facility in lieu of a
more proximate non-Department facility would have an adverse
effect on the health or well-being of the veteran; or
``(C) reasonably proximate Department facilities to the
veteran do not furnish the specialized care or services
required to treat the condition of the veteran.
``(2) Care or services furnished under contract under paragraph (1)
to a veteran shall be furnished at no greater cost or charge to the
veteran than would be payable by the veteran if such care or services
were furnished in a Department facility.''; and
(3) in subsection (c), as so redesignated in paragraph (1), by
striking ``subsection (a) of this section'' and inserting ``subsection
(a) or (b)''.
(b) Conforming Requirement Under Title 10.--Paragraph (2) of
subsection (c) of section 1074 of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C)(i) In the case of a member of the armed forces described in
section 1074l of this title who requires medical care, the Secretary
may provide for such care to be furnished in a private facility or
health care provider if the Secretary determines that--
``(I) the closest military medical treatment facility or
health care provider is more than a 60-minute drive from the
residence of the veteran;
``(II) the severity of the condition of the member for
which medical care is required is such that transport of the
member to the closest military medical treatment facility or
health care provider in lieu of a more proximate private
facility or health care provider would have an adverse effect
on the health or well-being of the member; or
``(III) reasonably proximate military medical treatment
facilities or health care providers to the member do not
furnish the specialized medical care required to treat the
condition of the member.
``(ii) Medical care furnished under clause (i) to a member of the
uniformed services shall be furnished at no greater cost or charge to
the member than would be payable by the member if such care were
furnished in a military medical treatment facility or health care
provider.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and apply to care furnished on or after such
date.
SEC. 5. REVIEW BY JOINT EXECUTIVE COMMITTEE OF EMERGENCY CASH
ASSISTANCE, IMPROVED MEDICAL SERVICES, AND CAREGIVER
SUPPORT PROGRAMS.
(a) In General.--Subsection (d) of section 320 of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(6)(A) Receive and review complaints from War on Terror
Wounded Heroes (as defined in section 2(b) of the War on Terror
Wounded Heroes' Bill of Rights Act) with respect to benefits
provided under sections 2, 3, and 4 of such Act.
``(B) Submit quarterly interim reports to the two
Secretaries on the implementation of programs and activities of
one or both of the Departments (as the case may be) required
under sections 2, 3, and 4 of such Act, including the adequacy
and efficiency of the respective Departments in meeting the
requirements to provide prompt emergency cash assistance,
improved medical services, caregiver support programs, and
medical care in private facilities to War on Terror Wounded
Heroes.''.
(b) Effective Date.--The first report required by the amendment
made by subsection (a) shall be submitted January 1, 2007.
SEC. 6. CREDIT FOR EMPLOYERS HIRING WAR ON TERROR WOUNDED HEROES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45N. CREDIT FOR EMPLOYERS HIRING WAR ON TERROR WOUNDED HEROES.
``(a) General Rule.--For purposes of section 38, the War on Terror
Wounded Hero employment credit for the taxable year shall be equal to--
``(1) 50 percent of the qualified first-year wages for such
year,
``(2) 30 percent of the qualified second-year wages for
such year, and
``(3) 20 percent of the qualified third-year wages for such
year.
``(b) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means the
wages paid or incurred by the employer during the taxable year
to individuals who are War on Terror Wounded Heroes, but in no
case greater than $60,000.
``(2) Qualified first-year wages.--The term `qualified
first-year wages' means, with respect to any individual,
qualified wages attributable to service rendered during the 1-
year period beginning with the day the individual begins work
for the employer.
``(3) Qualified second-year wages.--The term `qualified
second-year wages' means, with respect to any individual
described in paragraph (2), qualified wages attributable to
service rendered during the 1-year period beginning with the
day that succeeds the 1-year period referred to in paragraph
(2).
``(4) Qualified third-year wages.--The term `qualified
third-year wages' means, with respect to any individual
described in paragraph (3), qualified wages attributable to
service rendered during the 1-year period beginning with the
day that succeeds the 1-year period referred to in paragraph
(3).
``(5) Wages.--The term `wages' has the meaning given such
term by section 51(c), without regard to paragraph (4) thereof.
``(c) War on Terror Wounded Hero; Hiring Date.--For purposes of
this section--
``(1) War on terror wounded hero.--The term `War on Terror
Wounded Hero' means a veteran (as that term is defined in
section 101(2) of title 38) who, on or after September 11,
2001, was severely injured while serving on active duty in the
theater of combat operations (as determined by the Secretary of
Defense) of Operation Enduring Freedom or Operation Iraqi
Freedom.
``(2) Severely injured.--For purposes of paragraph (1), the
term `severely' with respect to an injury means--
``(A) the inability or severe difficulty of an
individual with the injury to perform one or more
activities of daily living (as determined by the
Secretary of Veterans Affairs),
``(B) a service-connected disability rated at 30
percent or more (as determined by the Secretary of
Veterans Affairs), and
``(C) such other injuries or conditions as the
Secretary of Defense has specified under section
2(b)(2) of the War on Terror Wounded Heroes' Bill of
Rights Act.
``(3) Hiring date.--The term `hiring date' has the meaning
given such term by section 51(d).
``(d) Certain Rules To Apply.--Rules similar to the rules of
section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the
day before the date of the enactment of the Taxpayer Relief Act of
1997), (j), and (k) of section 51, shall apply for purposes of this
section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``and'' at the end of
paragraph (29), by striking the period at the end of paragraph (30) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(31) the War on Terror Wounded Hero employment credit
determined under section 45N(a).''.
(c) Technical Amendments.--
(1) Clause (iii) of section 41(b)(2)(D) of such Code is
amended to read as follows:
``(iii) Exclusion for wages to which
employment credits apply.--The term `wages'
shall not include any amount taken into account
in determining the credit under section 45N(a)
or 51(a).''.
(2) Subparagraph (B) of section 45A(b)(1) of such Code is
amended to read as follows:
``(B) Coordination with other employment credits.--
The term `qualified wages' shall not include wages
attributable to service rendered during the 1-year
period beginning with the day the individual begins
work for the employer if any portion of such wages is
taken into account in determining the credit under
section 45N or 51.''.
(3) Subsection (a) of section 280C of such Code is amended
by inserting ``45N(a),'' after ``45A(a),''.
(4) Paragraph (3) of section 1396(c) of such Code is
amended to read as follows:
``(3) Coordination with other employment credits.--
``(A) In general.--The term `qualified wages' shall
not include wages taken into account in determining the
credit under section 45N or 51.
``(B) Coordination with paragraph (2).--The $15,000
amount in paragraph (2) shall be reduced for any
calendar year by the amount of wages paid or incurred
during such year which are taken into account in
determining the credits under sections 45N and 51.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45N. Credit for employers hiring War on Terror Wounded
Heroes.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, 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, and Ways and Means, 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, and Ways and Means, 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, and Ways and Means, 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 Military Personnel.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Economic Opportunity.
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