S. 1064Senate110th Congress (2007-2009)In Committee

Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007

Introduced March 29, 2007

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

March 29, 2007

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SenateIntro Referral

Introduced in Senate

March 29, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4204-4207)

March 29, 2007

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

March 29, 2007

Floor Debate

21 members

What members said about S. 1064 on the floor

8 Republicans13 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 29, 2007

Mr. President, I rise today to introduce legislation to ensure that the land on the West Los Angeles Veterans Affairs, West LA VA, campus is protected for the use of America's Veterans. The bill…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 29, 2007

Mr. President, I would like to take the opportunity today to introduce an important piece of legislation to improve the ability of the Department of Defense and the Department of Veterans Affairs to…

Mel Martinez
Sen. Mel MartinezR-FL · May 10, 2007

Mr. President, today I rise with my colleagues, Senators Bingaman, Nelson of Florida, Hutchison, Domenici, Feinstein, and Dole, to introduce the Spaceport Equality Act of 2007, a bill to help bring…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 29, 2007

Mr. President, today, I am introducing the Heroes at Home Act of 2007, the Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007, and the Protecting Military Family Financial…

Herb Kohl
Sen. Herb KohlD-WI · Mar 29, 2007

Mr. President, I rise today to introduce the Prevent All Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and Schumer. As the problem of cigarette trafficking continues to worsen,…

Show 8 more
Sam Brownback
Sen. Sam BrownbackR-KS · Mar 29, 2007

Mr. President, I rise to speak on bipartisan legislation that Senator Landrieu and myself are introducing, the Human Cloning Prohibition Act. We do this today with 26 other cosponsors. It is…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 10, 2007

Mr. President, today I am pleased to introduce legislation to designate the U.S. Post Office at 127 East Locust Street in Fairbury, IL, as the ``Dr. Francis Townsend Post Office Building.'' I am…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · May 10, 2007

Mr. President, today, I am introducing the Bridging the Gap for Wounded Warriors Act to provide comprehensive solutions to problems that have arisen from military bureaucracy's failure to meet the…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · Mar 29, 2007

Mr. President, West Virginians have always been a deeply spiritual people. Historically, we have stood fast in our devotion to the Creator, even when--or especially when--faced with adversity,…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Mar 29, 2007

Mr. President, I am introducing the Crane Conservation Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo, Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 29, 2007

Mr. President, I rise today to introdnce the Early Hearing Detection and Intervention Act of 2007. This bill is a companion bill to H.R. 1198, introduced in the House by Representative Lois Capps. I…

Ken Salazar
Sen. Ken SalazarD-CO · Mar 29, 2007

Mr. President, I rise today to make the health of American children and families a top priority with the Healthy Children and Families Act of 2007, which I introduced earlier today with Senator…

Tom Harkin
Sen. Tom HarkinD-IA · May 10, 2007

Mr. President, I am honored today to introduce the Methamphetamine Abuse Treatment and Prevention Act. Meth is one of the most deadly, addictive, rapidly spreading drugs in history. It is ravaging…

Show 11 more
Barack Obama
Sen. Barack ObamaD-IL · Mar 29, 2007

Mr. President, next week is National Public Health week--a week to raise awareness about the importance of public health all around this Nation. I applaud the efforts of the American Public Health…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 29, 2007

Mr. President, I rise today to introduce the National Liberty Memorial Act along with my colleagues, Senators Charles E. Grassley and Sen. Barack Obama. Representatives Donald M. Payne, William Lacy…

George V. Voinovich
Sen. George V. VoinovichR-OH · Mar 29, 2007

Mr. President, I rise today to introduce three important pieces of legislation that I believe will improve the ability of the Federal Government to recruit and retain a world class workforce: the…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 29, 2007

Mr. President, today I introduce the Promoting Wellness for Individuals with Disabilities Act. This important legislation will help ensure that people with disabilities have the same health and…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Mar 29, 2007

Mr. President, I am delighted to reintroduce the Free Internet Filing Act as the tax filing deadline approaches. The bill requires the Internal Revenue Service (IRS) to provide universal access to…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 10, 2007

Mr. President, I am introducing legislation today along with Senator Johnson that will take a bold step in reducing our dependence on fossil fuel and foreign oil. It is the 10 by 10 Act. The 10 by 10…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 29, 2007

Mr. President, for far too long, we've acquiesced in a lop-sided economy that benefits wealthy individuals and corporations, but not America's working families. Tens of millions of our men and women…

John Cornyn
Sen. John CornynR-TX · Mar 29, 2007

Mr. President, I rise to introduce the Workforce Health Improvement Program Act of 2007, otherwise known as the WHIP Act. This bipartisan bill I introduce today is the same legislation I introduced…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Mar 29, 2007

Mr. President, with my colleagues, Senator Blanche Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to introduce the Elder Justice Act of 2007. Senators Lincoln, Smith, Kohl and I…

Ted Stevens
Sen. Ted StevensR-AK · Mar 29, 2007

Mr. President, the bill that I introduce today seeks to codify the initiatives announced by President Bush in January of this year in his Executive order to strengthen Federal environmental, energy,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 29, 2007

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, I am proud to be joined today by my colleagues, Senator Grassley from Iowa, and…

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 29, 2007

II

110th CONGRESS

1st Session

S. 1064

IN THE SENATE OF THE UNITED STATES

March 29, 2007

Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To provide for the improvement of the physical evaluation processes applicable to members of the Armed Forces, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007.

2.

Review and action on certain determinations of the Physical Evaluation Board

(a)

Panel for reviews

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall appoint, from among individuals in the private sector who are qualified for such purpose, a panel of individuals to conduct the reviews required by subsection (b).

(b)

Reviews

(1)

In general

The panel appointed under subsection (a) shall—

(A)

review—

(i)

each case before the Physical Evaluation Board of the Department of Defense in which such board determined to discharge, separate, or release a member of the Armed Forces without assigning a rating of disability to the member; and

(ii)

each case before the Physical Evaluation Board in which a member of the Armed Forces appealed the determination of such board regarding the rating of disability assigned to the member;

(B)

for each case so reviewed—

(i)

determine whether or not a liaison officer was assigned to the member of the Armed Forces concerned for such case; and

(ii)

determine whether or not an attorney was assigned to the member of the Armed Forces concerned for such case; and

(C)

for each case so reviewed, determine whether or not the facts of the case warrant the re-opening of the case for purposes of assigning a rating of disability to the member of the Armed Forces concerned, or increasing a rating of disability previously assigned the member, as applicable, for purposes of the receipt of disability benefits.

(2)

Covered cases

The review required by paragraph (1) shall be performed for each case described in that paragraph in which a final determination was made by a board referred to in that paragraph during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act.

(3)

Availability of information

The Secretary shall make available to the panel appointed under subsection (a) such information as the panel shall require in order to conduct the reviews required by paragraph (1), including the case files of the Physical Evaluation Board.

(4)

Reports

Not later than 60 days after the date of the appointment of the panel required by subsection (a), and every 60 days thereafter until the completion of the reviews required by paragraph (1), the panel shall submit to the Secretary of Defense and the Secretary of the military department concerned a report on each case reviewed under paragraph (1) during the preceding 60 days, including the results of each such review and the determinations required with respect to such case under subparagraphs (B) and (C) of paragraph (1).

(c)

Re-Evaluation of cases

(1)

In general

The Secretary of the military department concerned shall provide for a re-evaluation by the Physical Evaluation Board of each case covered by a report under subsection (b)(4) in which the panel appointed under subsection (a) determined, as specified in subsection (b)(1)(C), that the fact of such case warrant the re-opening of such case for purposes of assigning a rating of disability to the member of the Armed Forces concerned, or increasing a rating of disability previously assigned the member, as applicable, for purposes of the receipt of disability benefits.

(2)

Prohibition on reduction of rating of disability

A rating of disability subject to re-evaluation under paragraph (1) may not be reduced as a result of the re-evaluation under that paragraph.

(3)

Guidelines and procedures

The re-evaluation of cases under paragraph (1) shall be governed by such guidelines, and follow such procedures, as the Secretary of Defense shall prescribe for purposes of that paragraph. Such guidelines shall prohibit a reduction of rating of disability pursuant to a re-evaluation under that paragraph. Such guidelines and procedures shall, to the extent practicable, apply uniformly across the military departments.

(4)

Deadline

The re-evaluation of a case under paragraph (1) shall be completed not later than 180 days after the date of the receipt of a report on such case under subsection (b)(4).

(d)

Correction of records

If a result of the re-evaluation of a case under subsection (c), the Physical Evaluation Board determines to assign a rating of disability to a member of the Armed Forces, or increase the rating previously assigned the member, as applicable, the Secretary of the military department concerned shall correct the record of the member, with the effective date of such correction to be the date of the original determination under the case by the Physical Evaluation Board regarding the disability of the member.

3.

Review and action on determinations on benefits under Traumatic Servicemembers Group Life Insurance

(a)

Panel

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall appoint, from among individuals in the private sector who are qualified for such purpose, a panel of individuals to carry out the actions required by subsection (b).

(b)

Review and assessment of determinations

(1)

In general

The panel appointed under subsection (a) shall—

(A)

review—

(i)

each case in which a member of the Armed Forces was denied traumatic injury protection under section 1980A of title 38, United States Code, for a qualifying loss claimed by the member; and

(ii)

each case in which a member of the Armed Forces appealed a determination of the amount of traumatic injury protection awarded the member under that section for a qualifying loss claimed by the member; and

(B)

for each case so reviewed, determine whether or not the facts of the case warrant the re-opening of the case for purposes of paying traumatic injury protection to the member of the Armed Forces concerned, or increasing the amount of traumatic injury protection previously paid the member, as applicable, under that section for a qualifying loss claimed by the member.

(2)

Covered cases

The review required by paragraph (1) shall be performed for each case described in that paragraph in which a final determination on a claim for a qualifying loss under section 1980A of title 38, United States Code, was made during the period beginning on May 11, 2005, and ending on the date of the enactment of this Act.

(3)

Availability of information

The Secretary of Defense shall make available to the panel appointed under subsection (a) such information as the panel shall require in order to conduct the reviews required by paragraph (1).

(4)

Reports

Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the completion of the reviews required by paragraph (1), the panel appointed under subsection (a) shall submit to the Secretary of Defense a report on each case reviewed under paragraph (1) during the preceding 60 days, including the results of each such review and the determination required with respect to such case under paragraph (1)(B).

(c)

Re-Evaluation of cases

(1)

In general

The Secretary of Defense shall re-evaluate each case covered by a report under subsection (b)(4) in which the panel appointed under subsection (a) determines, as specified in subsection (b)(1)(B), that the facts of such case warrant the re-opening of such case for purposes of paying traumatic injury protection for the member of the Armed Forces concerned, or increasing the amount of traumatic injury protection previously paid the member, as applicable, under section 1980A of title 38, United States Code, for a qualifying loss claimed by the member.

(2)

Prohibition on reduction of insurance award

The amount of insurance awarded under section 1980A of title 38, United States Code, in any case subject to re-evaluation under paragraph (1) may not be reduced as a result of the re-evaluation under that paragraph.

(3)

Guidelines and procedures

The re-evaluation of cases under paragraph (1) shall be governed by such guidelines, and follow such procedures, as the Secretary of Defense shall prescribe for purposes of that paragraph. Such guidelines and procedures shall, to the extent practicable, apply uniformly across the military departments.

(4)

Deadline

The reconsideration of a case under paragraph (1) shall be completed not later than 180 days after the date of the receipt of a report on such case under subsection (b)(4).

(d)

Correction of records

If a result of the reconsideration of a case under subsection (c), the Secretary of Defense determines to pay traumatic injury protection to a member of the Armed Forces, or increase the amount of traumatic injury protection previously paid the member, as applicable, under section 1980A of title 38, United States Code, for a qualifying loss claimed by the member, the Secretary shall correct the record of the member, with the effective date of such correction to be the date of the original determination under the case on the qualifying loss claimed by the member.

4.

Adequacy of assignment of judge advocates to Physical Evaluation Board cases

(a)

Report

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that includes the following:

(1)

An assessment whether or not the number of judge advocates assigned to cases before the Physical Evaluation Board is adequate to ensure that—

(A)

the judge advocates assigned such cases bear a reasonable caseload of such cases; and

(B)

the judge advocates assigned such cases contribute to the efficient and timely disposition of such cases by the board.

(2)

A recommendation of the number judge advocates to be assigned to such cases in order to best achieve each of the objectives set forth under paragraph (1).

(b)

Judge advocate defined

In this section, the term judge advocate has the meaning given that term in section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice).

5.

Comptroller General reports on disability claims processes

(a)

Report on efforts To address certain deficiencies in disability evaluation systems of the military departments

(1)

Report required

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the assessment of the Comptroller of the efforts of the Department of Defense to address the deficiencies identified in the report of the Comptroller General entitled Military Disability System: Improved Oversight Needed to Ensure Consistent and Timely Outcomes for Reserve and Active Duty Service Members (GAO–06–362; March 2006).

(2)

Elements

The report required by paragraph (1) shall address the efforts of the Department regarding the following:

(A)

Harmonizing the procedures and practices of the military departments under their disability evaluation systems.

(B)

Monitoring the compliance of such disability evaluation systems with the policies and guidelines applicable to such systems.

(C)

Improving oversight of such disability systems by the Disability Advisory Council, including—

(i)

whether the council has reviewed the standardized disability rating system to classify the severity of medical impairments; and

(ii)

whether the council has proposed improvements to or recertification of such systems.

(D)

Improving the collection and processing of information under such systems.

(E)

Improving data entry under such systems, including decreasing reported error rates and enhancing training programs for Army data processors.

(F)

Improving oversight of the training for staff of such systems.

(G)

Improving the availability of and access to liaison officers to the Physical Evaluation Board of each military department.

(H)

Improving utilization of line-of-duty determinations for members of the Armed Forces, including members of the regular Armed Forces and members of the National Guard and Reserve.

(I)

Improving the quality of care and services for wounded or injured members of the National Guard and Reserve who are in medical holdover status and receiving medical treatment away from their homes and families.

(J)

Improving quality assurance mechanisms to ensure that disability determination under such systems are consistent.

(b)

Report on adequacy of schedule for rating disabilities of Department of Veterans Affairs

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the assessment of the Comptroller General of the adequacy of the schedule for rating disabilities of the Department of Veterans Affairs in recognizing, and providing for appropriate compensation for, disabilities incurred or aggravated in the Global War on Terror, including the following:

(1)

Traumatic brain injuries.

(2)

Amputations.

(3)

Spinal injuries.

(4)

Post-traumatic stress disorder (PTSD).

(5)

Hearing loss.

(c)

Report on standards and procedures of Physical Evaluation Board

(1)

Report required

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the review and assessment of the Comptroller General of the standards and procedures of the Physical Evaluation Board of the Department of Defense.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description and assessment of the standards and procedures of the Physical Evaluation Board of the Department of Defense, including standards and procedures relating to—

(i)

the qualification and selection of members of the board;

(ii)

the timeliness of proceedings;

(iii)

witness participation in proceedings;

(iv)

the participation of liaison officers in proceedings;

(v)

the availability of legal assistance for members of the Armed Forces seeking to appeal determinations of the board; and

(vi)

other appropriate board matters.

(B)

Recommendations for such improvements to such standards and procedures as the Comptroller General considers appropriate to enhance and improve the activities of the Physical Evaluation Board.