S.Amdt. 1526
What it does: Adds SEC. 652. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS at the end of subtitle D of title VIWhat it changes
1 change to S. 1390 · shown in the bill's text
Adds SEC. 652. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS at the end of subtitle D of title VI
Adds a sectionIn S. 1390 · Placed on Calendar Senate
"(2) Continuation of incentives.--Nothing in paragraph (1) shall be construed to prohibit or limit the continuing provision to an individual after the date specified in that paragraph of an incentive first provided the individual under this section before that date.".
Inserted: SEC. 652. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS.
Inserted: Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsections:
Inserted: "(d)(1) The Secretary of a military department shall give a member of a reserve component under the jurisdiction of the Secretary who is being evaluated by a physical evaluation board for separation or retirement for disability under this chapter or for placement on the temporary disability retired list or inactive status list under this chapter the option to remain on active duty in order to continue to receive pay and allowances under title 37 during the physical evaluation board process until such time as the member--"(A) is cleared by the board to return to duty; or "(B) is separated, retired, or placed on the temporary disability retired list or inactive status list.
Inserted: "(2) A member may change the election under paragraph (1) at any point during the physical evaluation board process and be released from active duty.
Inserted: "(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.
Inserted: "(e) A member contemplating the exercise of an option under subsection (d) may exercise such option only after consultation with a member of the applicable judge advocate general's corps.".
Inserted: SEC. 653. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE COMPONENT MEMBERS.
Inserted: Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:
Inserted: "(d) Use of Local Residences for Certain Reserve Component Members.--(1)(A) A member of a reserve component described by subparagraph (B) shall be permitted to reside at the member's permanent place of residence if residing at that location is medically feasible, as determined by a licensed health care provider.
Inserted: "(B) A member of a reserve component described by this subparagraph is any member remaining on active duty under section 1218(d) of this title during the period the member is on active duty under such subsection.
Inserted: "(2) Nothing in this subsection shall be construed as terminating, altering, or otherwise affecting the authority of the commander of a member described in paragraph (1)(B) to order the member to perform duties consistent with the member's fitness for duty.
Inserted: "(3) The Secretary concerned shall pay any reasonable expenses of transportation, lodging, and meals incurred by a member residing at the member's permanent place of residence under this subsection in connection with travel from the member's permanent place of residence to a medical facility during the period in which the member is covered by this subsection.".
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Inserted: SEC. 654. ASSISTANCE WITH TRANSITIONAL BENEFITS.
Inserted: (a) In General.--Chapter 61 of title 10, United States Code, is amended by inserting after section 1218 the following new section:
Inserted: "Sec. 1218a. Discharge or release from active duty:
Inserted: transition assistance "The Secretary of a military department shall provide to a member of a reserve component under the jurisdiction of the Secretary who is injured while on active duty in the armed forces the following before such member is demobilized or separated from the armed forces: "(1) Information on the availability of care and administrative processing through community based warrior transition units. "(2) The location of the community based warrior transition unit located nearest to the member's permanent place of residence. "(3) An opportunity to consult with a member of the applicable judge advocate general's corps regarding the member's eligibility for compensation, disability, or other transitional benefits.".
Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1218 the following new item:
Inserted: "1218a. Discharge or release from active duty; transition assistance.".
Original wording
At the end of subtitle D of title VI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1526. Mr. FEINGOLD (for himself, Ms. Murkowski, Mrs. Lincoln, and Mr. Burris) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 652. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE COMPONENT MEMBERS DURING PHYSICAL EVALUATION BOARD PROCESS AND FOR CERTAIN OTHER RESERVE COMPONENT MEMBERS.
Section 1218 of title 10, United States Code, is amended by adding at the end the following new subsections:
“(d)(1) The Secretary of a military department shall give a member of a reserve component under the jurisdiction of the Secretary who is being evaluated by a physical evaluation board for separation or retirement for disability under this chapter or for placement on the temporary disability retired list or inactive status list under this chapter the option to remain on active duty in order to continue to receive pay and allowances under title 37 during the physical evaluation board process until such time as the member--“(A) is cleared by the board to return to duty; or “(B) is separated, retired, or placed on the temporary disability retired list or inactive status list.
“(2) A member may change the election under paragraph (1) at any point during the physical evaluation board process and be released from active duty.
“(3) The requirements in paragraph (1) shall expire on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010.
“(e) A member contemplating the exercise of an option under subsection (d) may exercise such option only after consultation with a member of the applicable judge advocate general's corps.”.
SEC. 653. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR CERTAIN RESERVE COMPONENT MEMBERS.
Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Use of Local Residences for Certain Reserve Component Members.--(1)(A) A member of a reserve component described by subparagraph (B) shall be permitted to reside at the member's permanent place of residence if residing at that location is medically feasible, as determined by a licensed health care provider.
“(B) A member of a reserve component described by this subparagraph is any member remaining on active duty under section 1218(d) of this title during the period the member is on active duty under such subsection.
“(2) Nothing in this subsection shall be construed as terminating, altering, or otherwise affecting the authority of the commander of a member described in paragraph (1)(B) to order the member to perform duties consistent with the member's fitness for duty.
“(3) The Secretary concerned shall pay any reasonable expenses of transportation, lodging, and meals incurred by a member residing at the member's permanent place of residence under this subsection in connection with travel from the member's permanent place of residence to a medical facility during the period in which the member is covered by this subsection.”.
SEC. 654. ASSISTANCE WITH TRANSITIONAL BENEFITS.
(a) In General.--Chapter 61 of title 10, United States Code, is amended by inserting after section 1218 the following new section:
“Sec. 1218a. Discharge or release from active duty:
transition assistance
“The Secretary of a military department shall provide to a member of a reserve component under the jurisdiction of the Secretary who is injured while on active duty in the armed forces the following before such member is demobilized or separated from the armed forces: “(1) Information on the availability of care and administrative processing through community based warrior transition units. “(2) The location of the community based warrior transition unit located nearest to the member's permanent place of residence. “(3) An opportunity to consult with a member of the applicable judge advocate general's corps regarding the member's eligibility for compensation, disability, or other transitional benefits.”.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 61 of such title is amended by inserting after the item relating to section 1218 the following new item:
“1218a. Discharge or release from active duty; transition assistance.”.
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Senate amendment submitted
July 14, 2009