H.R. 3481House110th Congress (2007-2009)In Committee

Support for Injured Servicemembers Act

Introduced September 6, 2007

Legislative Activity

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HouseCommittee Latest Action

Referred to the Subcommittee on Workforce Protections.

October 17, 2007

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HouseIntro Referral

Introduced in House

September 6, 2007

HouseIntro Referral

Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform, and House Administration, 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.

September 6, 2007

HouseCommittee

Referred to the Subcommittee on Workforce Protections.

October 17, 2007

Floor Debate

18 members

What members said about H.R. 3481 on the floor

8 Republicans10 Democrats
Joe Barton
Rep. Joe BartonR-TX-6 · Oct 18, 2007

Madam Speaker, I ask unanimous consent, of the 30 minutes that I control, I yield 15 minutes of that to the ranking member of the Ways and Means Committee, Mr. McCrery of Louisiana, to control. Madam…

Joe Barton
Rep. Joe BartonR-TX-6 · Sep 25, 2007

Mr. Speaker, I would like to recognize a member of the committee, the gentleman from Arizona (Mr. Shadegg), for 2 minutes. Mr. Speaker, I would yield myself 2 minutes. Mr. Speaker, we have spent most…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Sep 25, 2007

Mr. Speaker, I thank the gentleman for yielding, and I thank the distinguished chairman for recalling to mind that opening day here when I accepted the gavel on behalf of the children of America, all…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Oct 18, 2007

Thank you, Madam Speaker. I thank the gentleman for yielding. I commend him for his exceptional leadership on this issue. The issue of health care for Americans has been a signature issue for the…

John D. Dingell
Rep. John D. DingellD-MI-15 · Sep 25, 2007

Mr. Speaker, pursuant to H. Res. 675, I call up from the Speaker's table the bill (H.R. 976) to amend the Internal Revenue Code of 1986 to provide tax relief for small businesses, and for other…

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Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 25, 2007

Mr. Speaker, for those of us who have served in this body for some period of time, all of us know that the gentleman from Michigan (Mr. Dingell) has been as focused on health care for all Americans…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Sep 25, 2007

Mr. Speaker, I yield myself 3 minutes. My friends, this is almost an historic occasion because, like the President of the United States said, it is our intention to extend health care to cover 10…

Dave Weldon
Rep. Dave WeldonR-FL-15 · Sep 25, 2007

Mr. Speaker, I rise as a supporter of the State Children Health Insurance Program (SCHIP), which focuses on covering children in families at or below 200 percent of the poverty level ($41,000 per…

Jim McCrery
Rep. Jim McCreryR-LA-4 · Sep 25, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the debate this evening should not be about who is for insurance for children and who is against health insurance for children.…

John D. Dingell
Rep. John D. DingellD-MI-15 · Oct 18, 2007

Madam Speaker, for purposes of debate only, I yield 30 minutes to my good friend, the distinguished gentleman from Texas (Mr. Barton). I will also yield 15 minutes of my time to the distinguished…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Sep 25, 2007

Mr. Speaker, as my distinguished chairman has suggested, this is a modest proposal, with all due respect to Mr. Swift. I am not proud of the bill or the process. I would say to my distinguished…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Oct 18, 2007

Madam Speaker, I yield myself 2 minutes. First of all, I'm just amazed that the Republicans are worried that we can't pay for insuring an additional 10 million children. They sure don't care about…

Kenny C. Hulshof
Rep. Kenny C. HulshofR-MO-9 · Oct 18, 2007

Madam Speaker, I yield myself 2 minutes. Never in my wildest dreams would I imagine that on a day in August of 1997 that a Democratic President would sign a bill presented by a Republican Congress,…

Show 11 more
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 18, 2007

I thank the distinguished gentleman. I proudly rise to vote to override the President's veto and to support 10 million children with health care. Madam Speaker, as the chair of the Congressional…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 18, 2007

Madam Speaker, the moment of truth has arrived. And now, our Republican friends have a very clear choice that they must make. They can stand with 10 million American kids who need, deserve and…

Jim McCrery
Rep. Jim McCreryR-LA-4 · Oct 18, 2007

Madam Speaker, I yield myself so much time as I may consume. Ten years ago, Republicans and Democrats came together to create an SCHIP program with a stable funding source. It was a truly paid-for…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · Oct 18, 2007

Madam Speaker, I am disappointed that we have reached this point. I think all of us know that Democrats want to renew the SCHIP program and Republicans want to renew the SCHIP program. We haven't…

Nathan Deal
Rep. Nathan DealR-GA-9 · Sep 25, 2007

Mr. Speaker, on behalf of the House Energy and Commerce Committee, I reserve the balance of my time at this point. Mr. Speaker, I yield myself 3\1/2\ minutes. We're debating the reauthorization of a…

Mazie K. Hirono
Rep. Mazie K. HironoD-HI-2 · Sep 25, 2007

Mr. Speaker, I rise today in support of H.R. 976, the reauthorization of the Children's Health Insurance Program (CHIP). I believe our nation must show true compassion for the most vulnerable among…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Sep 25, 2007

I thank the gentleman for yielding. Mr. Speaker, a couple of things: number one, we are not dedicating enough time to this debate. A half-hour is not enough time to debate what this is really all…

Ray LaHood
Rep. Ray LaHoodR-IL-18 · Sep 25, 2007

Mr. Speaker, this is a bill about children and about health care. Now, all of us in this Chamber have the very best health care insurance in the world, bar none. We should be willing to share those…

Lynn C. Woolsey
Rep. Lynn C. WoolseyD-CA-6 · Sep 25, 2007

Mr. Speaker, I rise in support of H.R. 976, the Children's Health and Medicare Protection Act. While the bill is not as strong as the House passed version, it has several good provisions that deserve…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · Sep 25, 2007

Mr. Speaker, I rise today in support of the Children's Health Insurance Program Reauthorization Act of 2007 and to express my dismay over one particular matter not addressed by today's conference…

Gene Green
Rep. Gene GreenD-TX-29 · Oct 18, 2007

I thank the Chair of our Energy and Commerce Committee. Madam Speaker, we have a health care crisis in our country. And the President vetoing the SCHIP bill has made bad policy based on bad…

Bill Text

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Introduced in HouseIssued September 6, 2007

I

110th CONGRESS

1st Session

H. R. 3481

IN THE HOUSE OF REPRESENTATIVES

September 6, 2007

Ms. Woolsey (for herself, Mr. George Miller of California, and Mr. Filner) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform and House Administration, 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 expand family and medical leave in support of servicemembers with combat-related injuries.

1.

Short title

This Act may be cited as the Support for Injured Servicemembers Act.

2.

Servicemember family leave

(a)

Definitions

Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:

(14)

Active duty

The term active duty means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

(15)

Covered servicemember

The term covered 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

(16)

Medical hold or medical holdover status

The term medical hold or medical holdover status means—

(A)

the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and

(B)

the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member’s unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces.

(17)

Next of kin

The term next of kin, used with respect to an individual, means the nearest blood relative of that individual.

(18)

Serious injury or illness

The term serious injury or illness, in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

.

(b)

Entitlement to Leave

Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following:

(3)

Servicemember family leave

Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.

(4)

Combined leave total

During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.

.

(c)

Requirements Relating to Leave

(1)

Schedule

Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended—

(A)

in paragraph (1), in the second sentence—

(i)

by striking section 103(b)(5) and inserting subsection (b)(5) or (f) (as appropriate) of section 103; and

(ii)

by inserting or under subsection (a)(3) after subsection (a)(1); and

(B)

in paragraph (2), by inserting or under subsection (a)(3) after subsection (a)(1).

(2)

Substitution of paid leave

Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended—

(A)

in paragraph (1)—

(i)

by inserting (or 26 workweeks in the case of leave provided under subsection (a)(3)) after 12 workweeks the first place it appears; and

(ii)

by inserting (or 26 workweeks, as appropriate) after 12 workweeks the second place it appears; and

(B)

in paragraph (2)(B), by adding at the end the following: An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection..

(3)

Notice

Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting or under subsection (a)(3) after subsection (a)(1).

(4)

Spouses employed by same employer

Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended—

(A)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A);

(B)

by striking In any and inserting the following:

(1)

In general

In any

; and

(C)

by adding at the end the following:

(2)

Servicemember family leave

(A)

In general

The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is—

(i)

leave under subsection (a)(3); or

(ii)

a combination of leave under subsection (a)(3) and leave described in paragraph (1).

(B)

Both limitations applicable

If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).

.

(d)

Certification

Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

(f)

Certification for Servicemember Family Leave

An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.

.

(e)

Failure To Return

Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended—

(1)

in paragraph (2)(B)(i), by inserting or under section 102(a)(3) before the semicolon; and

(2)

in paragraph (3)(A)—

(A)

in clause (i), by striking or at the end;

(B)

in clause (ii), by striking the period and inserting ; or; and

(C)

by adding at the end the following:

(iii)

a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).

.

(f)

Enforcement

Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting (or 26 weeks, in a case involving leave under section 102(a)(3)) after 12 weeks.

(g)

Instructional Employees

Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting or under section 102(a)(3) after section 102(a)(1).

3.

Servicemember family leave for civil service employees

(a)

Definitions

Section 6381 of title 5, United States Code, is amended—

(1)

in paragraph (5), by striking and at the end;

(2)

in paragraph (6), by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(7)

the term active duty means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;

(8)

the term covered 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness;

(9)

the term medical hold or medical holdover status means—

(A)

the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and

(B)

the status of a member of a reserve component of the Armed Forces who is separated, whether pre-deployment or post-deployment, from the member’s unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces;

(10)

the term next of kin, used with respect to an individual, means the nearest blood relative of that individual; and

(11)

the term serious injury or illness, in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

.

(b)

Entitlement to Leave

Section 6382(a) of such title is amended by adding at the end the following:

(3)

Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.

(4)

During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.

.

(c)

Requirements Relating to Leave

(1)

Schedule

Section 6382(b) of such title is amended—

(A)

in paragraph (1), in the second sentence—

(i)

by striking section 6383(b)(5) and inserting subsection (b)(5) or (f) (as appropriate) of section 6383; and

(ii)

by inserting or under subsection (a)(3) after subsection (a)(1); and

(B)

in paragraph (2), by inserting or under subsection (a)(3) after subsection (a)(1).

(2)

Substitution of paid leave

Section 6382(d) of such title is amended by adding at the end the following: An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection..

(3)

Notice

Section 6382(e) of such title is amended by inserting or under subsection (a)(3) after subsection (a)(1).

(d)

Certification

Section 6383 of such title is amended by adding at the end the following:

(f)

An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.

.