I 

110TH CONGRESS 

1ST SESSION H. R. 1268 

To ensure dignity in care for members of the Armed Forces recovering 

from injuries. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mr. MITCHELL (for himself, Mr. EMANUEL, Mrs. BOYDA of Kansas, Mr. DONNELLY, Mr. WELCH of Vermont, Mr. MCNERNEY, Mr. ELLISON, Mr. 

VAN HOLLEN, Mr. WILSON of Ohio, Mr. KAGEN, Mr. RODRIGUEZ, Mr. 

SHULER, Mr. COHEN, Mr. YARMUTH, and Ms. HOOLEY) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To ensure dignity in care for members of the Armed Forces 

recovering from injuries. 

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 ‘‘Dignity for Wounded 

5 Warriors Act of 2007’’. 

6 SEC. 2. ACCESS OF RECOVERING SERVICEMEMBERS TO 

7 ADEQUATE OUTPATIENT RESIDENTIAL FA8 CILITIES. 

9 (a) SUFFICIENCY OF RESIDENCES.— 


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1 (1) IN GENERAL.—Each recovering 

2 servicemember who is assigned to a military bar3 racks or dormitory shall be assigned to a barracks 

4 or dormitory that is maintained at a standard equal 

5 to the highest existing service standard in effect for 

6 quarters of the United States for enlisted members 

7 of the Armed Forces. 

8 (2) INAPPLICABILITY TO CERTAIN FACILI9 TIES.—Facilities occupied by recovering 

10 servicemembers that are not funded with appro11 priated funds are not subject to the requirement 

12 under paragraph (1). 

13 (b) INSPECTIONS AND REPAIRS OF FACILITIES.— 

14 (1) REQUIRED INSPECTIONS.—All quarters of 

15 the United States and housing facilities under the 

16 jurisdiction of the Armed Forces that are occupied 

17 by at least 5 recovering servicemembers shall be in18 spected on a semiannual basis by the inspectors gen19 eral of the regional medical commands. 

20 (2) INSPECTOR GENERAL REPORTS.—The in21 spector general for each regional medical command 

22 shall— 

23 (A) submit a report on each inspection of 

24 a facility conducted under paragraph (1) to the 

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1 manding officer of the hospital affiliated with 

2 such facility, the surgeon general of the military 

3 department that operates such hospital, the 

4 Secretary of the military department concerned, 

5 the Assistant Secretary of Defense for Health 

6 Affairs, the Oversight Board for the Wounded 

7 established pursuant to section 10, and the ap8 propriate congressional committees; and 

9 (B) post each such report on the Internet 

10 website of such regional medical command. 

11 (3) ALTERNATE HOUSING.— 

12 (A) UNREMEDIED DEFICIENCIES.—If a de13 ficiency identified in a report submitted under 

14 paragraph (2) with respect to quarters or a fa15 cility is not remedied within 30 days after the 

16 submittal of such report under that paragraph, 

17 each recovering servicemember occupying such 

18 quarters or facility and affected by the defi19 ciency shall be provided the option of alternate 

20 quarters of the United States or housing facili21 ties under the jurisdiction of the Armed Forces 

22 that meet the standard referred to in subsection 

23 (a)(1) until the deficiency is remedied. 

24 (B) UNFULFILLED WORK ORDERS.—If a 

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1 cluding, but not limited to, deficiencies such as 

2 mold, leaking pipes, or rat, mouse, insect, or 

3 other pest infestation) in a room occupied by a 

4 recovering servicemember in quarters of the 

5 United States or a housing facility under the 

6 jurisdiction of the Armed Forces remains 

7 unfulfilled for more than 15 days after the date 

8 of the issuance of the work order, the 

9 servicemember shall be provided the option of 

10 alternate quarters of the United States or hous11 ing facilities under the jurisdiction of the 

12 Armed Forces that meet the standard referred 

13 to in subsection (a)(1) until the work order is 

14 fulfilled and the deficiency is remedied. 

15 (c) ZERO TOLERANCE FOR CHRONIC INFESTA16 TIONS.—If quarters of the United States or a housing fa17 cility under the jurisdiction of the Armed Forces that is 

18 occupied by a recovering servicemember is determined, 

19 whether pursuant to an inspection required by subsection 

20 (b)(1) or otherwise, to have a chronic infestation of ro21 dents, insects, or other pests, the servicemember shall be 

22 provided the option of alternate quarters of the United 

23 States or housing facilities under the jurisdiction of the 

24 Armed Forces that meet the standard referred to in sub25 section (a)(1) until the deficiency is remedied. 


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1 SEC. 3. REDUCTION OF PAPERWORK AND BUREAUCRACY 

2 FOR RECOVERING SERVICEMEMBERS AND 

3 THEIR FAMILIES. 

4 (a) IMPROVEMENT OF PHYSICAL DISABILITY EVAL5 UATION SYSTEMS.—Not later than one year after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall implement appropriate improvements of the physical 

8 disability evaluation systems of the military departments, 

9 including the administrative and budgetary restructuring 

10 of such systems, in order to ensure their efficient and ef11 fective operation. The improvements shall include the re12 quirement that, within each military department, a single 

13 command shall be responsible for the physical disability 

14 evaluation system of such military department, including 

15 any processing and military boards under such system. 

16 (b) ELECTRONIC CLEARING HOUSE.— 

17 (1) REQUIREMENT.—In improving the physical 

18 disability evaluation system of a military department 

19 pursuant to this section, the Secretary of the mili20 tary department shall establish and operate a single 

21 Internet site for the physical disability evaluation 

22 process under such system that enables recovering 

23 servicemembers to fully utilize such system through 

24 the Internet. 

25 (2) ELEMENTS.—Each Internet site operated 

26 under this subsection shall include the following: 


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1 (A) The availability of any forms required 

2 for the utilization of the applicable physical dis3 ability evaluation system by recovering 

4 servicemembers. 

5 (B) Secure mechanisms for the submittal 

6 of such forms by recovering servicemembers, 

7 and for the tracking of the acceptance and re8 view of any forms so submitted. 

9 (C) Secure mechanisms for advising recov10 ering servicemembers of any additional informa11 tion, forms, or other items that are required for 

12 the acceptance and review of any forms so sub13 mitted. 

14 (D) The continuous availability of assist15 ance to recovering servicemembers (including 

16 assistance through the caseworkers assigned to 

17 recovering servicemembers) in submitting and 

18 tracking such forms, including assistance in ob19 taining information, forms, or other items de20 scribed by subparagraph (C). 

21 (E) Secure mechanisms to request and re22 ceive personnel files or other personnel records 

23 of recovering servicemembers that are required 

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1 bility to track requests for such files or records 

2 and to determine the status of such requests 

3 and of responses to such requests. 

4 (3) DEADLINE FOR ESTABLISHMENT.—Each 

5 Internet site required under this subsection shall be 

6 established not later than one year after the date of 

7 the enactment of this Act. 

8 (c) CO-LOCATION OF SYSTEM ELEMENTS AT CER9 TAIN FACILITIES.—In improving physical disability eval10 uation systems pursuant to this section, the Secretary of 

11 Defense shall— 

12 (1) identify each military medical treatment fa13 cility covered by such system that serves, or is an14 ticipated to serve, more than 100 recovering 

15 servicemembers simultaneously; and 

16 (2) to the extent practicable, co-locate all ele17 ments of such system at a single location at each 

18 such facility. 

19 (d) REPORT ON IMPROVEMENTS.— 

20 (1) REPORT.—Not later than 180 days after 

21 the date of the enactment of this Act, the Secretary 

22 of Defense shall submit to the appropriate congres23 sional committees a report setting forth rec24 ommendations for the improvements required by 

25 subsection (a). 


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1 (2) RECOMMENDATIONS.—The recommenda2 tions under paragraph (1) shall include rec3 ommendations for the following: 

4 (A) Procedures to enable recovering 

5 servicemembers to interface with only one com6 mand while undergoing evaluation and care 

7 under a physical disability evaluation system. 

8 (B) Procedures to allow clinical teams and 

9 the military chain of command to bypass sig10 nificant parts of the applicable physical dis11 ability evaluation system in order to facilitate 

12 the prompt processing of cases under such sys13 tem for specific injuries and illnesses. 

14 (C) Specifications of the job requirements 

15 for every military occupational specialty (MOS) 

16 and grade. 

17 (D) Means for retraining recovering 

18 servicemembers who are determined to be unfit 

19 for their assigned military occupational spe20 cialty for qualification for assignment to an21 other military occupational specialty. 

22 (E) Streamlining and reducing duplicative, 

23 unnecessary procedures and other obstacles to 

24 timely evaluations and decisions under a phys25 ical disability evaluation system. 


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1 (F) Such other matters with respect to the 

2 improvements required by subsection (a) as the 

3 Secretary and the Oversight Board for the 

4 Wounded consider appropriate. 

5 (3) NO REDUCTION IN PERSONNEL AND RE6 SOURCES.—The requirements of this subsection may 

7 not be construed to authorize or require the reduc8 tion of staff, or the closure of facilities, in order to 

9 achieve any improvements recommended under para10 graph (1). 

11 (e) IMPLEMENTATION.—The Secretary of Defense 

12 shall commence the implementation of the recommenda13 tions submitted under subsection (d) not later than 90 

14 days after the submittal of the recommendations under 

15 that subsection. 

16 (f) RETENTION OF CERTAIN RIGHTS OF APPEAL.— 

17 Nothing in the recommendations submitted and imple18 mented under this section shall be construed to limit the 

19 ability of a recovering servicemember to appeal the fol20 lowing: 

21 (1) The right of the recovering servicemember 

22 to remain a member of the Armed Forces. 

23 (2) Any disability rating assigned the recov24 ering servicemember. 


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1 (g) CONSULTATION.—The Secretary of Defense and 

2 the Secretaries of the military departments shall consult 

3 with and seek advice from the Oversight Board for the 

4 Wounded established pursuant to section 10 in carrying 

5 out this section. 

6 SEC. 4. SUPERVISING OFFICER AND CASEWORKER SUP7 PORT FOR RECOVERING SERVICEMEMBERS. 

8 (a) PROVISION OF ADEQUATE SUPPORT.—Not later 

9 than one year after the date of the enactment of this Act, 

10 the Secretary of Defense shall work with officials from 

11 each military medical treatment facility— 

12 (1) to assess whether the current ratio of super13 vising officers assigned to recovering 

14 servicemembers, and the current ratio of case15 workers assigned to recovering servicemembers, at 

16 such facility is adequate to meet the needs of recov17 ering servicemembers at such facility; and 

18 (2) to establish targets for such facility to in19 crease such ratios where necessary, taking into ac20 count the needs of recovering servicemembers at 

21 such facility. 

22 (b) DEADLINE FOR ACHIEVING TARGETS.—The Sec23 retary shall ensure that the targets established pursuant 

24 to subsection (a)(2) are achieved not later than December 

25 31, 2008, and maintained during each year thereafter. 


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1 (c) ANNUAL REVIEW OF TARGETS.—The Secretary 

2 shall annually reevaluate the targets established pursuant 

3 to subsection (a)(2), and shall monitor progress made in 

4 meeting such targets. 

5 (d) EMPLOYMENT OF ADDITIONAL STAFF.—Not 

6 later than 45 days after the date of the enactment of this 

7 Act, the Secretary shall hire such additional qualified staff 

8 as is necessary to achieve at each military medical treat9 ment facility an interim ratio of one supervising officer, 

10 and one caseworker, for every 20 recovering 

11 servicemembers. Such ratios shall remain in effect until 

12 superseded under subsection (a)(2). 

13 (e) ANNUAL REPORT.— 

14 (1) REPORT REQUIRED.—Not later than 90 

15 days after the date of the enactment of this Act, and 

16 annually thereafter throughout the global war on 

17 terror, the Secretary shall submit to the appropriate 

18 congressional committees a report on current and 

19 target ratios of supervising officers and caseworkers 

20 to recovering servicemembers at military medical 

21 treatment facilities under this section. 

22 (2) ELEMENTS.—Each report under paragraph 

23 (1) shall set forth the staff required to meet the tar24 gets established under subsection (a)(2), and include 


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1 an estimate of the costs required to implement such 

2 plan. 

3 (f) CONSULTATION.—The Secretary shall consult 

4 with and seek advice from the Oversight Board for the 

5 Wounded established pursuant to section 10 in carrying 

6 out this section. 

7 SEC. 5. IMPROVED TRAINING FOR CASEWORKERS AND SO8 CIAL WORKERS ON PARTICULAR CONDITIONS 

9 OF RECOVERING SERVICEMEMBERS. 

10 (a) RECOMMENDATIONS.—Not later than one year 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall submit to the appropriate congressional 

13 committees a report setting forth recommendations for the 

14 modification of the training provided to caseworkers and 

15 social workers who provide care for recovering 

16 servicemembers. The recommendations shall include, at a 

17 minimum, specific recommendations to ensure that such 

18 caseworkers and social workers are able to— 

19 (1) detect early warning signs of post-traumatic 

20 stress disorder (PTSD) and suicidal tendencies 

21 among recovering servicemembers; and 

22 (2) promptly devise appropriate treatment plans 

23 as such signs are detected. 

24 (b) ANNUAL REVIEW OF TRAINING.—Not later than 

25 one year after the date of the enactment of this Act and 


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1 annually thereafter throughout the global war on terror, 

2 the Secretary shall submit to the appropriate congres3 sional committees a report on the following: 

4 (1) The progress made in providing the training 

5 recommended under subsection (a). 

6 (2) The general state and quality of training 

7 provided to caseworkers and social workers who pro8 vide care for recovering servicemembers. 

9 (c) CONSULTATION.—The Secretary shall consult 

10 with and seek advice from the Oversight Board for the 

11 Wounded established pursuant to section 10 in carrying 

12 out this section. 

13 SEC. 6. SUPPORT SERVICES AND RIGHTS FOR RECOVERING 

14 SERVICEMEMBERS AND THEIR FAMILIES. 

15 (a) AVAILABILITY OF ASSISTANCE FOR RECOVERING

16 SERVICEMEMBERS.— 

17 (1) NOTICE OF RIGHTS AND RESPONSIBIL18 ITIES.—The Secretary of Defense shall clearly post, 

19 or provide for the posting, in all military medical 

20 treatment facilities, outpatient residences, and other 

21 hospital and residential care locations frequently uti22 lized or visited by recovering servicemembers and 

23 their family members a notice of the rights and re24 sponsibilities of recovering servicemembers with re25 spect to accessing quality and timely medical care 


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1 and casework services and assistance during evalua2 tion and care under a physical disability evaluation 

3 system. 

4 (2) AVAILABILITY OF QUALIFIED PROFES5 SIONALS AT OUTPATIENT RESIDENTIAL FACILI6 TIES.—Each military outpatient residential facility 

7 at which at least 20 recovering servicemembers re8 side shall be staffed at all times with each of the fol9 lowing: 

10 (A) At least one medical professional with 

11 the minimum qualifications of an emergency 

12 medical technician to provide care and services 

13 for recovering servicemembers at such facility. 

14 (B) At least one clinical professional with 

15 the minimum qualifications of a certified clin16 ical social worker or certified crisis counselor to 

17 provide care and services for recovering 

18 servicemembers at such facility. 

19 (b) ASSISTANCE HOTLINES.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retaries of the military departments shall each estab23 lish and maintain for the military department con24 cerned the following toll-free telephone assistance 

25 hotlines: 


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1 (A) A hotline for crisis counseling for re2 covering servicemembers and their family mem3 bers. 

4 (B) A hotline for recovering 

5 servicemembers and their family members (to 

6 be known as the ‘‘Wounded Servicemember 

7 Rights and Family Respite Hotline’’) that— 

8 (i) facilitates the reporting of delays 

9 and provides casework advocacy; 

10 (ii) provides casework advice; 

11 (iii) provides referrals to family and 

12 veteran support groups; and 

13 (iv) facilitates the reporting of sub14 standard conditions, casework services, or 

15 assistance during evaluation and care 

16 under a physical disability evaluation sys17 tem. 

18 (2) AVAILABILITY.—The hotlines required by 

19 paragraph (1) shall operate at all times. 

20 (3) BILINGUAL ASSISTANCE.—The hotlines re21 quired by paragraph (1) shall be staffed at all times 

22 with operators fluent in English and Spanish. 

23 (c) OMBUDSMEN FOR RECOVERING

24 SERVICEMEMBERS.— 


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

2 shall establish within each regional medical com3 mand of the Armed Forces the position of Ombuds4 man for Recovering Servicemembers (in this sub5 section referred to as the ‘‘Ombudsman’’ or ‘‘Om6 budsmen’’). 

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. 

17 (4) OUTREACH.—The Secretary shall make 

18 available to each recovering servicemember, and to 

19 the family members of all recovering 

20 servicemembers, information on contacting and uti21 lizing the services of the Ombudsmen. 

22 (d) MECHANISMS FOR OBTAINING FEEDBACK ON

23 OUTPATIENT CARE.—The Secretary of Defense shall es24 tablish the following mechanisms for obtaining feedback 

25 from recovering servicemembers and their family members 


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1 on the quality of outpatient care available to recovering 

2 servicemembers through the Department of Defense: 

3 (1) An anonymous feedback system that is 

4 available to recovering servicemembers and their 

5 family members in all military medical treatment fa6 cilities and all military outpatient residential facili7 ties housing at least 5 recovering servicemembers 

8 and through the Internet. 

9 (2) Convocations, town hall meetings, or other 

10 forums held at military medical treatment facilities 

11 at least once per month. 

12 (e) OUTPATIENT CARE MANUAL.—The Secretary of 

13 Defense shall publish and make available to all recovering 

14 servicemembers a single manual, in either English or 

15 Spanish, to guide them and their family members through16 out the applicable physical disability evaluation system. 

17 The manual shall list all relevant locations and points of 

18 contact and shall include information on retrieving docu19 mentation required for medical processing. 

20 (f) CONSULTATION.—The Secretary of Defense and 

21 the Secretaries of the military departments shall consult 

22 with and seek advice from the Oversight Board for the 

23 Wounded established pursuant to section 10 in carrying 

24 out this section. 


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1 SEC. 7. SUPPORT SERVICES FOR FAMILIES OF RECOV2 ERING SERVICEMEMBERS. 

3 (a) MEDICAL CARE.—A family member of a recov4 ering servicemember who is not otherwise eligible for med5 ical care at a military medical treatment facility shall be 

6 eligible for such care if the family member is— 

7 (1) on invitational orders while caring for the 

8 recovering servicemember; 

9 (2) a non-medical attendee caring for the recov10 ering servicemember; or 

11 (3) receiving per diem payments from the De12 partment of Defense while caring for the recovering 

13 servicemember. 

14 (b) JOB PLACEMENT SERVICES.—A family member 

15 who is on invitational orders or is a non-medical attendee 

16 while caring for a recovering servicemember for more than 

17 45 days during a one-year period shall be eligible for job 

18 placement services otherwise offered by the Department 

19 of Defense. 

20 SEC. 8. PROHIBITION ON DISCRIMINATION IN EMPLOY21 MENT AGAINST CERTAIN FAMILY MEMBERS 

22 CARING FOR RECOVERING 

23 SERVICEMEMBERS. 

24 (a) PROHIBITION.—A family member of a recovering 

25 servicemember described in subsection (b) shall not be de26 nied retention in employment, promotion, or any benefit 


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1 of employment by an employer on the basis of the person’s 

2 absence from employment as described in that subsection. 

3 (b) COVERED FAMILY MEMBERS.—A family member 

4 described in this subsection is a family member of a recov5 ering servicemember who is— 

6 (1) on invitational orders while caring for the 

7 recovering servicemember; 

8 (2) a non-medical attendee caring for the recov9 ering servicemember; or 

10 (3) receiving per diem payments from the De11 partment of Defense while caring for the recovering 

12 servicemember. 

13 (c) TREATMENT OF ACTIONS.—An employer shall be 

14 considered to have engaged in an action prohibited by sub15 section (a) with respect to a person described in that sub16 section if the absence from employment of the person as 

17 described in that subsection is a motivating factor in the 

18 employer’s action, unless the employer can prove that the 

19 action would have been taken in the absence of the absence 

20 of employment of the person. 

21 (d) DEFINITIONS.—In this section, the terms ‘‘ben22 efit of employment’’ and ‘‘employer’’ have the meaning 

23 given such terms in section 4303 of title 38, United States 

24 Code. 


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1 SEC. 9. MEAL BENEFITS FOR RECOVERING 

2 SERVICEMEMBERS. 

3 (a) PROHIBITION ON CHARGES FOR MEALS.—A re4 covering servicemember who is undergoing medical treat5 ment, recuperation, or therapy, or is otherwise in medical 

6 hold or holdover status, in a military medical treatment 

7 facility for an injury, illness, or disease incurred or aggra8 vated while on active duty in the Armed Forces shall not 

9 be required to pay any charge for meals provided such 

10 member by the military medical treatment facility. 

11 (b) EFFECTIVE DATE.—The limitation in subsection 

12 (a) shall take effect on the date of the enactment of this 

13 Act, and shall apply with respect to meals provided mem14 bers of the Armed Forces as described in that subsection 

15 on or after that date. 

16 SEC. 10. OVERSIGHT BOARD FOR THE WOUNDED. 

17 (a) ESTABLISHMENT.—There is hereby established a 

18 board to be known as the Oversight Board for the Wound19 ed (in this section referred to as the ‘‘Oversight Board’’). 

20 (b) COMPOSITION.—The Oversight Board shall be 

21 composed of 12 members, of whom— 

22 (1) two shall be appointed by the majority lead23 er of the Senate; 

24 (2) two shall be appointed by the minority lead25 er of the Senate; 


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1 (3) two shall be appointed by the Speaker of 

2 the House of Representatives; 

3 (4) two shall be appointed by the minority lead4 er of the House of Representatives; 

5 (5) two shall be appointed by the President; 

6 and 

7 (6) two shall be appointed by the Secretary of 

8 Defense. 

9 (c) QUALIFICATIONS.— 

10 (1) PARTICULAR QUALIFICATIONS.—The Over11 sight Board shall include members with the fol12 lowing qualifications: 

13 (A) One member shall be a veteran who 

14 served in Operation Enduring Freedom or Op15 eration Iraqi Freedom. 

16 (B) Two members shall have received 

17 treatment for injuries at a military medical 

18 treatment facility since September 11, 2001. 

19 (C) One member shall be a former non20 medical attendant for a recovering 

21 servicemember, such as a person who received 

22 and accepted invitational orders to care for a 

23 recovering servicemember. 

24 (D) One member shall be a veteran who 

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1 ment facility for injuries sustained in armed 

2 hostilities before Operation Enduring Freedom 

3 and Operation Iraqi Freedom. 

4 (E) One member shall be a civilian expert 

5 in military healthcare. 

6 (2) GENERAL QUALIFICATIONS.—All members 

7 of the Oversight Board shall have sufficient knowl8 edge of, or experience with, the military healthcare 

9 system or the experience of a recovering 

10 servicemember or family member of a recovering 

11 servicemember. 

12 (d) DUTIES.— 

13 (1) ADVICE AND CONSULTATION.—The Over14 sight Board shall provide advise and consultation to 

15 the Department of Defense and the appropriate con16 gressional committees regarding— 

17 (A) the process for streamlining the phys18 ical disability evaluation systems of the military 

19 departments under section 3; 

20 (B) the process for correcting and improv21 ing the ratios of caseworkers and supervising 

22 officers to recovering servicemembers under sec23 tion 4; 

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1 covering servicemembers while under Depart2 ment of Defense care; 

3 (D) the need to revise Department of De4 fense policies to improve counseling, outreach, 

5 and general services provided to family mem6 bers of recovering servicemembers pursuant to 

7 sections 6 and 7; 

8 (E) the need to revise Department of De9 fense policies regarding the provision of quality 

10 lodging to recovering servicemembers; 

11 (F) progress made in implementing this 

12 Act; and 

13 (G) such other matters relating to the eval14 uation and care of recovering servicemembers, 

15 including evaluation and care under physical 

16 disability evaluation systems, as the Board con17 siders appropriate. 

18 (2) VISITS TO MILITARY MEDICAL TREATMENT

19 FACILITIES.—In carrying out its duties, the Over20 sight Board shall visit not less than three military 

21 medical treatment facilities each year, and shall con22 duct each year at least one meeting of all the mem23 bers of the Board at a military medical treatment 

24 facility. 


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1 (e) STAFF.—The Secretary shall make available the 

2 services of at least two officials or employees of the De3 partment of Defense to provide support and assistance to 

4 members of the Oversight Board. 

5 (f) TRAVEL EXPENSES.—Members of the Oversight 

6 Board shall be allowed travel expenses, including per diem 

7 in lieu of subsistence, at rates authorized for employees 

8 of agencies under subchapter I of chapter 57 of title 5, 

9 United States Code, while away from their homes or reg10 ular places of business in the performance of service for 

11 the Oversight Board. 

12 (g) ACCESS TO INFORMATION.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the members of the Oversight Board shall 

15 have the right to access information related to the 

16 deliberations, processes, and documents of the De17 partment of Defense pertaining to actions taken 

18 under this Act. 

19 (2) NATIONAL SECURITY EXCEPTION.—The 

20 Oversight Board shall not have the right to access 

21 information otherwise required under paragraph (1) 

22 if the Secretary— 

23 (A) notifies the Oversight Board that dis24 closure of such information would compromise 

25 the national security of the United States; and 


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1 (B) upon request of the Oversight Board, 

2 provides the information in classified form to 

3 the appropriate congressional committees. 

4 (h) ANNUAL REPORTS.—The Oversight Board shall 

5 submit to the Secretary of Defense and the appropriate 

6 congressional committees each year a report on its activi7 ties under this Act during the preceding year, including 

8 any findings and recommendations of the Oversight Board 

9 as a result of such activities. 

10 SEC. 11. DEFINITIONS. 

11 In this Act: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Armed Services of 

16 the Senate; and 

17 (B) the Committee on Armed Services of 

18 the House of Representatives. 

19 (2) FAMILY MEMBER.—The term ‘‘family mem20 ber’’, with respect to a recovering servicemember, 

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

22 of title 37, United States Code. 

23 (3) PHYSICAL DISABILITY EVALUATION SYS24 TEMS.—The term ‘‘physical disability evaluation sys25 tems’’ means the following: 


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•HR 1268 IH

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

2 Army, the Physical Disability Evaluation Sys3 tem (PDES) of the Army. 

4 (B) In the case of any other military de5 partment, the physical disability evaluation sys6 tem or similar system or process of such mili7 tary departments that carries out functions 

8 equivalent to the function carried out for the 

9 Army by the Physical Disability Evaluation 

10 System of the Army. 

11 (4) RECOVERING SERVICEMEMBER.—The term 

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

13 Armed Forces, including a member of the National 

14 Guard or a Reserve, who is undergoing medical 

15 treatment, recuperation, or therapy, or is otherwise 

16 in medical hold or holdover status, for an injury, ill17 ness, or disease incurred or aggravated while on ac18 tive duty in the Armed Forces. 

Æ 


sroberts on PROD1PC70 with BILLS