Dignity for Wounded Warriors Act of 2007 - Requires each recovering servicemember who is assigned to a military barracks or dormitory to be assigned to one that is maintained at the highest service standard in effect for enlisted members of the Armed Forces. Requires at least semiannual inspections of, and appropriate repairs to, any such quarters, as well as alternate housing during periods of unremedied housing deficiencies.
Outlines requirements to be implemented for recovering servicemembers and their families, including: (1) physical disability evaluation system changes; (2) supervising officer and caseworker support; (3) increased training for caseworkers and social workers on particular servicemember conditions, including post-traumatic stress disorder (PTSD); (4) increased support services, including an Ombudsman for Recovering Servicemembers; (5) a prohibition on discrimination in employment of family members caring for such servicemembers; and (6) meal benefits for recovering servicemembers and family members caring for such servicemembers.
Establishes the Oversight Board for the Wounded.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 713 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 713
To ensure dignity in care for members of the Armed Forces recovering
from injuries.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2007
Mr. Obama (for himself, Mrs. McCaskill, Mr. Baucus, Mr. Bayh, Mr.
Biden, Mr. Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, Ms. Cantwell, Mr.
Dorgan, Mr. Durbin, Mr. Feingold, Mr. Kerry, Ms. Klobuchar, Ms.
Landrieu, Ms. Mikulski, Ms. Murkowski, Mr. Pryor, Mr. Rockefeller, Mr.
Sanders, Ms. Snowe, and Mr. Conrad) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To ensure dignity in care for members of the Armed Forces recovering
from injuries.
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 ``Dignity for Wounded Warriors Act of
2007''.
SEC. 2. ACCESS OF RECOVERING SERVICEMEMBERS TO ADEQUATE OUTPATIENT
RESIDENTIAL FACILITIES.
(a) Sufficiency of Residences.--
(1) In general.--Each recovering servicemember who is
assigned to a military barracks or dormitory shall be assigned
to a barracks or dormitory that is maintained at a standard
equal to the highest existing service standard in effect for
quarters of the United States for enlisted members of the Armed
Forces.
(2) Inapplicability to certain facilities.--Facilities
occupied by recovering servicemembers that are not funded with
appropriated funds are not subject to the requirement under
paragraph (1).
(b) Inspections and Repairs of Facilities.--
(1) Required inspections.--All quarters of the United
States and housing facilities under the jurisdiction of the
Armed Forces that are occupied by at least 5 recovering
servicemembers shall be inspected on a semiannual basis by the
inspectors general of the regional medical commands.
(2) Inspector general reports.--The inspector general for
each regional medical command shall--
(A) submit a report on each inspection of a
facility conducted under paragraph (1) to the post
commander at such facility, the commanding officer of
the hospital affiliated with such facility, the surgeon
general of the military department that operates such
hospital, the Secretary of the military department
concerned, the Assistant Secretary of Defense for
Health Affairs, the Oversight Board for the Wounded
established pursuant to section 10, and the appropriate
congressional committees; and
(B) post each such report on the Internet website
of such regional medical command.
(3) Alternate housing.--
(A) Unremedied deficiencies.--If a deficiency
identified in a report submitted under paragraph (2)
with respect to quarters or a facility is not remedied
within 30 days after the submission of such report
under that paragraph, each recovering servicemember
occupying such quarters or facility and affected by the
deficiency shall be provided the option of alternate
quarters of the United States or housing facilities
under the jurisdiction of the Armed Forces that meet
the standard referred to in subsection (a)(1) until the
deficiency is remedied.
(B) Unfulfilled work orders.--If a work order
issued to remedy a deficiency (including, but not
limited to, deficiencies such as mold, leaking pipes,
or rat, mouse, insect, or other pest infestation) in a
room occupied by a recovering servicemember in quarters
of the United States or a housing facility under the
jurisdiction of the Armed Forces remains unfulfilled
for more than 15 days after the date of the issuance of
the work order, the servicemember shall be provided the
option of alternate quarters of the United States or
housing facilities under the jurisdiction of the Armed
Forces that meet the standard referred to in subsection
(a)(1) until the work order is fulfilled and the
deficiency is remedied.
(c) Zero Tolerance for Chronic Infestations.--If quarters of the
United States or a housing facility under the jurisdiction of the Armed
Forces that is occupied by a recovering servicemember is determined,
whether pursuant to an inspection required by subsection (b)(1) or
otherwise, to have a chronic infestation of rodents, insects, or other
pests, the servicemember shall be provided the option of alternate
quarters of the United States or housing facilities under the
jurisdiction of the Armed Forces that meet the standard referred to in
subsection (a)(1) until the deficiency is remedied.
SEC. 3. REDUCTION OF PAPERWORK AND BUREAUCRACY FOR RECOVERING
SERVICEMEMBERS AND THEIR FAMILIES.
(a) Improvement of Physical Disability Evaluation Systems.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Defense shall implement appropriate improvements of the
physical disability evaluation systems of the military departments,
including the administrative and budgetary restructuring of such
systems, in order to ensure their efficient and effective operation.
The improvements shall include the requirement that, within each
military department, a single command shall be responsible for the
physical disability evaluation system of such military department,
including any processing and military boards under such system.
(b) Electronic Clearing House.--
(1) Requirement.--In improving the physical disability
evaluation system of a military department pursuant to this
section, the Secretary of the military department shall
establish and operate a single Internet site for the physical
disability evaluation process under such system that enables
recovering servicemembers to fully utilize such system through
the Internet.
(2) Elements.--Each Internet site operated under this
subsection shall include the following:
(A) The availability of any forms required for the
utilization of the applicable physical disability
evaluation system by recovering servicemembers.
(B) Secure mechanisms for the submission of such
forms by recovering servicemembers, and for the
tracking of the acceptance and review of any forms so
submitted.
(C) Secure mechanisms for advising recovering
servicemembers of any additional information, forms, or
other items that are required for the acceptance and
review of any forms so submitted.
(D) The continuous availability of assistance to
recovering servicemembers (including assistance through
the caseworkers assigned to recovering servicemembers)
in submitting and tracking such forms, including
assistance in obtaining information, forms, or other
items described by subparagraph (C).
(E) Secure mechanisms to request and receive
personnel files or other personnel records of
recovering servicemembers that are required for
submission under the applicable physical disability
evaluation system, including the capability to track
requests for such files or records and to determine the
status of such requests and of responses to such
requests.
(3) Deadline for establishment.--Each Internet site
required under this subsection shall be established not later
than one year after the date of the enactment of this Act.
(4) No requirement for use.--This subsection may not be
construed to require a recovering servicemember to utilize an
Internet site established under this subsection as part of the
physical disability evaluation process under a physical
disability evaluation system.
(c) Co-Location of System Elements at Certain Facilities.--In
improving physical disability evaluation systems pursuant to this
section, the Secretary of Defense shall--
(1) identify each military medical treatment facility
covered by such system that serves, or is anticipated to serve,
more than 100 recovering servicemembers simultaneously; and
(2) to the extent practicable, co-locate all elements of
such system at a single location at each such facility.
(d) Report on Improvements.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report setting forth
recommendations for the improvements required by subsection
(a).
(2) Recommendations.--The recommendations under paragraph
(1) shall include recommendations for the following:
(A) Procedures to enable recovering servicemembers
to interface with only one command while undergoing
evaluation and care under a physical disability
evaluation system.
(B) Procedures to allow clinical teams and the
military chain of command to bypass significant parts
of the applicable physical disability evaluation system
in order to facilitate the prompt processing of cases
under such system for specific injuries and illnesses.
(C) Specifications of the job requirements for
every military occupational specialty (MOS) and grade.
(D) Means for retraining recovering servicemembers
who are determined to be unfit for their assigned
military occupational specialty for qualification for
assignment to another military occupational specialty.
(E) Streamlining and reducing duplicative,
unnecessary procedures and other obstacles to timely
evaluations and decisions under a physical disability
evaluation system.
(F) Such other matters with respect to the
improvements required by subsection (a) as the
Secretary and the Oversight Board for the Wounded
consider appropriate.
(3) No reduction in personnel and resources.--The
requirements of this subsection may not be construed to
authorize or require the reduction of staff, or the closure of
facilities, in order to achieve any improvements recommended
under paragraph (1).
(e) Implementation.--The Secretary of Defense shall commence the
implementation of the recommendations submitted under subsection (d)
not later than 90 days after the submission of the recommendations
under that subsection.
(f) Retention of Certain Rights of Appeal.--Nothing in the
recommendations submitted and implemented under this section shall be
construed to limit the ability of a recovering servicemember to appeal
the following:
(1) The right of the recovering servicemember to remain a
member of the Armed Forces.
(2) Any disability rating assigned the recovering
servicemember.
(g) Consultation.--The Secretary of Defense and the Secretaries of
the military departments shall consult with and seek advice from the
Oversight Board for the Wounded established pursuant to section 10 in
carrying out this section.
SEC. 4. SUPERVISING OFFICER AND CASEWORKER SUPPORT FOR RECOVERING
SERVICEMEMBERS.
(a) Provision of Adequate Support.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
work with officials from each military medical treatment facility--
(1) to assess whether the current ratio of supervising
officers assigned to recovering servicemembers, and the current
ratio of caseworkers assigned to recovering servicemembers, at
such facility is adequate to meet the needs of recovering
servicemembers at such facility; and
(2) to establish new ratios for such facility to increase
such ratios where necessary, taking into account the needs of
recovering servicemembers at such facility.
(b) Deadline for Achieving New Ratios.--The Secretary shall ensure
that the new ratios established pursuant to subsection (a)(2) are
achieved not later than one year after the date of the enactment of
this Act, and maintained each year thereafter.
(c) Annual Review of Ratios.--The Secretary shall annually
reevaluate the ratios established pursuant to subsection (a)(2), and
shall monitor progress made in meeting such ratios.
(d) Employment of Additional Staff.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall hire such
additional qualified staff as is necessary to achieve at each military
medical treatment facility an interim ratio of one supervising officer,
and one caseworker, for every 20 recovering servicemembers. Such ratios
shall remain in effect until superseded under subsection (a)(2).
(e) Annual Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter
throughout the global war on terror, the Secretary shall submit
to the appropriate congressional committees a report on current
and planned ratios of supervising officers and caseworkers to
recovering servicemembers at military medical treatment
facilities under this section.
(2) Elements.--Each report under paragraph (1) shall set
forth the staff required to meet the new ratios established
under subsection (a)(2), and include an estimate of the costs
required to implement such plan.
(f) Consultation.--The Secretary shall consult with and seek advice
from the Oversight Board for the Wounded established pursuant to
section 10 in carrying out this section.
SEC. 5. IMPROVED TRAINING FOR CASEWORKERS AND SOCIAL WORKERS ON
PARTICULAR CONDITIONS OF RECOVERING SERVICEMEMBERS.
(a) Recommendations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report setting forth
recommendations for the modification of the training provided to
caseworkers and social workers who provide care for recovering
servicemembers. The recommendations shall include, at a minimum,
specific recommendations to ensure that such caseworkers and social
workers are able to--
(1) detect early warning signs of post-traumatic stress
disorder (PTSD) and suicidal tendencies among recovering
servicemembers; and
(2) promptly devise appropriate treatment plans as such
signs are detected.
(b) Annual Review of Training.--Not later than 180 days after the
date of the enactment of this Act and annually thereafter throughout
the global war on terror, the Secretary shall submit to the appropriate
congressional committees a report on the following:
(1) The progress made in providing the training recommended
under subsection (a).
(2) The general state and quality of training provided to
caseworkers and social workers who provide care for recovering
servicemembers.
(c) Consultation.--The Secretary shall consult with and seek advice
from the Oversight Board for the Wounded established pursuant to
section 10 in carrying out this section.
SEC. 6. SUPPORT SERVICES AND RIGHTS FOR RECOVERING SERVICEMEMBERS AND
THEIR FAMILIES.
(a) Availability of Assistance for Recovering Servicemembers.--
(1) Notice of rights and responsibilities.--The Secretary
of Defense shall clearly post, or provide for the posting, in
all military medical treatment facilities, outpatient
residences, and other hospital and residential care locations
frequently utilized or visited by recovering servicemembers and
their family members a notice of the rights and
responsibilities of recovering servicemembers with respect to
accessing quality and timely medical care and casework services
and assistance during evaluation and care under a physical
disability evaluation system.
(2) Availability of qualified professionals at outpatient
residential facilities.--Each military outpatient residential
facility at which at least 20 recovering servicemembers reside
shall be staffed at all times with each of the following:
(A) At least one medical professional with the
minimum qualifications of an emergency medical
technician to provide care and services for recovering
servicemembers at such facility.
(B) At least one clinical professional with the
minimum qualifications of a certified clinical social
worker or certified crisis counselor to provide care
and services for recovering servicemembers at such
facility.
(b) Assistance Hotlines.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretaries of the military
departments shall each establish and maintain for the military
department concerned the following toll-free telephone
assistance hotlines:
(A) A hotline for crisis counseling for recovering
servicemembers and their family members.
(B) A hotline for recovering servicemembers and
their family members (to be known as the ``Wounded
Servicemember Rights and Family Respite Hotline'')
that--
(i) facilitates the reporting of delays and
provides casework advocacy;
(ii) provides casework advice;
(iii) provides referrals to family and
veteran support groups; and
(iv) facilitates the reporting of
substandard conditions, casework services, or
assistance during evaluation and care under a
physical disability evaluation system.
(2) Availability.--The hotlines required by paragraph (1)
shall operate at all times.
(3) Bilingual assistance.--The hotlines required by
paragraph (1) shall be staffed at all times with operators
fluent in English and Spanish.
(c) Ombudsmen for Recovering Servicemembers.--
(1) In general.--The Secretary of Defense shall establish
within each regional medical command of the Armed Forces the
position of Ombudsman for Recovering Servicemembers (in this
subsection referred to as the ``Ombudsman'' or ``Ombudsmen'').
(2) Assignment.--The Secretary shall assign to each
position established under paragraph (1) a member of the Armed
Forces or civilian employee of the Department of Defense who is
qualified to discharge the duties of the position.
(3) Duties.--Each Ombudsman shall act as a liaison for
recovering servicemembers and their family members with respect
to the evaluation and care of recovering servicemembers under
the physical disability evaluation systems.
(4) Outreach.--The Secretary shall make available to each
recovering servicemember, and to the family members of all
recovering servicemembers, information on contacting and
utilizing the services of the Ombudsmen.
(d) Mechanisms for Obtaining Feedback on Outpatient Care.--The
Secretary of Defense shall establish the following mechanisms for
obtaining feedback from recovering servicemembers and their family
members on the quality of outpatient care available to recovering
servicemembers through the Department of Defense:
(1) An anonymous feedback system that is available to
recovering servicemembers and their family members in all
military medical treatment facilities and all military
outpatient residential facilities housing at least 5 recovering
servicemembers and through the Internet.
(2) Convocations, town hall meetings, or other forums held
at military medical treatment facilities at least once per
month.
(e) Outpatient Care Manual.--The Secretary of Defense shall publish
and make available to all recovering servicemembers a single manual, in
either English or Spanish, to guide them and their family members
throughout the applicable physical disability evaluation system. The
manual shall list all relevant locations and points of contact and
shall include information on retrieving documentation required for
medical processing.
(f) Consultation.--The Secretary of Defense and the Secretaries of
the military departments shall consult with and seek advice from the
Oversight Board for the Wounded established pursuant to section 10 in
carrying out this section.
SEC. 7. SUPPORT SERVICES FOR FAMILIES OF RECOVERING SERVICEMEMBERS.
(a) Medical Care.--A family member of a recovering servicemember
who is not otherwise eligible for medical care at a military medical
treatment facility shall be eligible for such care if the family member
is--
(1) on invitational orders while caring for the recovering
servicemember;
(2) a non-medical attendee caring for the recovering
servicemember; or
(3) receiving per diem payments from the Department of
Defense while caring for the recovering servicemember.
(b) Job Placement Services.--A family member who is on invitational
orders or is a non-medical attendee while caring for a recovering
servicemember for more than 45 days during a one-year period shall be
eligible for job placement services otherwise offered by the Department
of Defense.
SEC. 8. PROHIBITION ON DISCRIMINATION IN EMPLOYMENT AGAINST CERTAIN
FAMILY MEMBERS CARING FOR RECOVERING SERVICEMEMBERS.
(a) Prohibition.--A family member of a recovering servicemember
described in subsection (b) shall not be denied retention in
employment, promotion, or any benefit of employment by an employer on
the basis of the person's absence from employment as described in that
subsection.
(b) Covered Family Members.--A family member described in this
subsection is a family member of a recovering servicemember who is--
(1) on invitational orders while caring for the recovering
servicemember;
(2) a non-medical attendee caring for the recovering
servicemember; or
(3) receiving per diem payments from the Department of
Defense while caring for the recovering servicemember.
(c) Treatment of Actions.--An employer shall be considered to have
engaged in an action prohibited by subsection (a) with respect to a
person described in that subsection if the absence from employment of
the person as described in that subsection is a motivating factor in
the employer's action, unless the employer can prove that the action
would have been taken in the absence of the absence of employment of
the person.
(d) Definitions.--In this section, the terms ``benefit of
employment'' and ``employer'' have the meaning given such terms in
section 4303 of title 38, United States Code.
SEC. 9. MEAL BENEFITS FOR RECOVERING SERVICEMEMBERS AND CERTAIN FAMILY
MEMBERS CARING FOR RECOVERING SERVICEMEMBERS.
(a) Prohibition on Charges for Meals.--Each individual described in
subsection (b) shall not be required to pay any charge for meals
provided such individual by the military medical treatment facility
concerned as described in that subsection.
(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
(1) A recovering servicemember who is undergoing medical
treatment, recuperation, or therapy, or is otherwise in medical
hold or holdover status, in a military medical treatment
facility for an injury, illness, or disease incurred or
aggravated while on active duty in the Armed Forces.
(2) A family member of a recovering servicemember described
in paragraph (1) who is--
(A) on invitational orders while caring for the
recovering servicemember;
(B) a non-medical attendee caring for the
recovering servicemember; or
(C) receiving per diem payments from the Department
of Defense while caring for the recovering
servicemember.
(c) Effective Date.--The prohibition in subsection (a) shall take
effect on the date of the enactment of this Act, and shall apply with
respect to meals provided individuals covered by that subsection on or
after that date.
SEC. 10. OVERSIGHT BOARD FOR THE WOUNDED.
(a) Establishment.--There is hereby established a board to be known
as the Oversight Board for the Wounded (in this section referred to as
the ``Oversight Board'').
(b) Composition.--The Oversight Board shall be composed of 12
members, of whom--
(1) two shall be appointed by the majority leader of the
Senate;
(2) two shall be appointed by the minority leader of the
Senate;
(3) two shall be appointed by the Speaker of the House of
Representatives;
(4) two shall be appointed by the minority leader of the
House of Representatives;
(5) two shall be appointed by the President; and
(6) two shall be appointed by the Secretary of Defense.
(c) Qualifications.--
(1) Particular qualifications.--The Oversight Board shall
include members with the following qualifications:
(A) One member shall be a veteran who served in
Operation Enduring Freedom or Operation Iraqi Freedom.
(B) Two members shall have received treatment for
injuries at a military medical treatment facility since
September 11, 2001.
(C) One member shall be a former non-medical
attendant for a recovering servicemember, such as a
person who received and accepted invitational orders to
care for a recovering servicemember.
(D) One member shall be a veteran who received
treatment at a military medical treatment facility for
injuries sustained in armed hostilities before
Operation Enduring Freedom and Operation Iraqi Freedom.
(E) One member shall be a civilian expert in
military healthcare.
(2) General qualifications.--All members of the Oversight
Board shall have sufficient knowledge of, or experience with,
the military healthcare system or the experience of a
recovering servicemember or family member of a recovering
servicemember.
(d) Duties.--
(1) Advice and consultation.--The Oversight Board shall
provide advice and consultation to the Department of Defense
and the appropriate congressional committees regarding--
(A) the process for streamlining the physical
disability evaluation systems of the military
departments under section 3;
(B) the process for correcting and improving the
ratios of caseworkers and supervising officers to
recovering servicemembers under section 4;
(C) the need to revise Department of Defense
policies to improve the experience of recovering
servicemembers while under Department of Defense care;
(D) the need to revise Department of Defense
policies to improve counseling, outreach, and general
services provided to family members of recovering
servicemembers pursuant to sections 6 and 7;
(E) the need to revise Department of Defense
policies regarding the provision of quality lodging to
recovering servicemembers;
(F) progress made in implementing this Act; and
(G) such other matters relating to the evaluation
and care of recovering servicemembers, including
evaluation and care under physical disability
evaluation systems, as the Board considers appropriate.
(2) Visits to military medical treatment facilities.--In
carrying out its duties, each member of the Oversight Board
shall visit not less than three military medical treatment
facilities each year, and shall conduct each year at least one
meeting of all the members of the Board at a military medical
treatment facility.
(e) Staff.--The Secretary shall make available the services of at
least two officials or employees of the Department of Defense to
provide support and assistance to members of the Oversight Board.
(f) Travel Expenses.--Members of the Oversight Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Oversight Board.
(g) Access to Information.--
(1) In general.--Except as provided in paragraph (2), the
members of the Oversight Board shall have the right to access
information related to the deliberations, processes, and
documents of the Department of Defense pertaining to actions
taken under this Act.
(2) National security exception.--The Oversight Board shall
not have the right to access information otherwise required
under paragraph (1) if the Secretary--
(A) notifies the Oversight Board that disclosure of
such information would compromise the national security
of the United States; and
(B) upon request of the Oversight Board, provides
the information in classified form to the appropriate
congressional committees.
(h) Annual Reports.--The Oversight Board shall submit to the
Secretary of Defense and the appropriate congressional committees each
year a report on its activities under this Act during the preceding
year, including any findings and recommendations of the Oversight Board
as a result of such activities.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Family member.--The term ``family member'', with
respect to a recovering servicemember, has the meaning given
that term in section 411h(b) of title 37, United States Code.
(3) Physical disability evaluation systems.--The term
``physical disability evaluation systems'' means the following:
(A) In the case of the Department of the Army, the
Physical Disability Evaluation System (PDES) of the
Army.
(B) In the case of any other military department,
the physical disability evaluation system or similar
system or process of such military departments that
carries out functions equivalent to the function
carried out for the Army by the Physical Disability
Evaluation System of the Army.
(4) Recovering servicemember.--The term ``recovering
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, or is otherwise in
medical hold or holdover status, for an injury, illness, or
disease incurred or aggravated while on active duty in the
Armed Forces.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2363-2364)
Read twice and referred to the Committee on Armed Services.
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