I 

110TH CONGRESS 

1ST SESSION H. R. 1749 

To establish an Ombudsman in the Department of Defense to assist members 

of the Armed Forces seeking medical care at military medical treatment 

facilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2007 

Mr. WELCH of Vermont introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To establish an Ombudsman in the Department of Defense 

to assist members of the Armed Forces seeking medical 

care at military medical treatment facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Care Advo5 cate Act’’. 

6 SEC. 2. OMBUDSMEN FOR RECOVERING SERVICEMEMBERS. 

7 (a) OMBUDSMEN FOR RECOVERING

8 SERVICEMEMBERS.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall establish within each military medical treat3 ment facility of the Department of Defense the posi4 tion of Ombudsman for Recovering Servicemembers 

5 (in this subsection referred to as the ‘‘Ombudsman’’ 

6 or ‘‘Ombudsmen’’). 

7 (2) ASSIGNMENT.—The Secretary shall assign 

8 to each position established under paragraph (1) a 

9 member of the Armed Forces or civilian employee of 

10 the Department of Defense who is qualified to dis11 charge the duties of the position. 

12 (3) DUTIES.—Each Ombudsman shall act as a 

13 liaison for recovering servicemembers and their fam14 ily members with respect to the evaluation and care 

15 of recovering servicemembers under the physical dis16 ability evaluation systems. The duties of the Om17 budsmen shall include, at a minimum, the following: 

18 (A) Helping servicemembers and their 

19 family members complete paperwork. 

20 (B) Helping servicemembers and their 

21 family members understand administrative 

22 guidelines. 

23 (C) Providing information to 

24 servicemembers and their family members about 

25 available benefits. 


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1 (D) Making recommendations to 

2 servicemembers and their family members. 

3 (E) Providing such other advice and help 

4 to servicemembers and their family members as 

5 the Ombudsman considers appropriate. 

6 (4) OUTREACH.—The Secretary shall make 

7 available to each recovering servicemember, and to 

8 the family members of all recovering 

9 servicemembers, information on contacting and uti10 lizing the services of the Ombudsmen. 

11 (b) DEFINITIONS.—In this section; 

12 (1) RECOVERING SERVICEMEMBER.—The term 

13 ‘‘recovering servicemember’’ means a member of the 

14 Armed Forces, including a member of the National 

15 Guard or a Reserve, who is undergoing medical 

16 treatment, recuperation, or therapy, or is otherwise 

17 in medical hold or holdover status, for an injury, ill18 ness, or disease incurred or aggravated while on ac19 tive duty in the Armed Forces. 

20 (2) FAMILY MEMBER.—The term ‘‘family mem21 ber’’, with respect to a recovering servicemember, 

22 has the meaning given that term in section 411h(b) 

23 of title 37, United States Code. 


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1 (3) PHYSICAL DISABILITY EVALUATION SYS2 TEMS.—The term ‘‘physical disability evaluation sys3 tems’’ means the following: 

4 (A) In the case of the Department of the 

5 Army, the Physical Disability Evaluation Sys6 tem (PDES) of the Army. 

7 (B) In the case of any other military de8 partment, the physical disability evaluation sys9 tem or similar system or process of such mili10 tary departments that carries out functions 

11 equivalent to the function carried out for the 

12 Army by the Physical Disability Evaluation 

13 System of the Army. 

14 SEC. 3. PROGRESS REPORTS ON IMPLEMENTATION OF OM15 BUDSMEN PROGRAM. 

16 (a) ONGOING REPORT REQUIREMENT.—Not later 

17 than 6 months after the date of the enactment of this Act, 

18 and every 6 months thereafter, the Secretary of Defense 

19 shall submit to the committees listed in subsection (c) a 

20 report on progress in the implementation of section 2. 

21 (b) MATTERS COVERED.—The report shall address 

22 the following matters; 

23 (1) A description of the number and location of 

24 Ombudsman positions established. 


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1 (2) A description of the services being provided 

2 by the Ombudsmen. 

3 (3) An analysis of the effectiveness of the serv4 ices being provided, including the timeliness of the 

5 services. 

6 (4) The adequacy of Federal resources to pro7 vide the services and other actual or potential bar8 riers to provision of the services. 

9 (5) Any actual and potential conflicts of inter10 est in the administration and operation of the Om11 budsmen program. 

12 (6) Any other matters the Secretary considers 

13 appropriate. 

14 (c) COMMITTEES.—The committees listed in this sub15 section are the following: 

16 (1) The Committee on Homeland Security and 

17 Governmental Affairs of the Senate. 

18 (2) The Committee on Oversight and Govern19 ment Reform of the House of Representatives. 

20 (3) The Committees on Armed Services of the 

21 Senate and the House of Representatives. 

Æ 


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