text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Wounded Warrior Transition 
  Assistance Act of 2009''.
  
  SEC. 2. 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 Wounded 
  Warrior Transition Assistance Act of 2009.
      ``(e)(1) The Secretary of a military department shall retain on 
  active duty a member of a reserve component under the jurisdiction of 
  the Secretary who incurs an injury or illness while on active duty, is 
  being discharged or separated from the armed forces, or being released 
  from active duty in the armed forces, and is not being evaluated by a 
  physical evaluation board for purposes of this chapter in connection 
  with such discharge, separation, or release in order for the member to 
  continue to receive pay and allowances under title 37 until such time 
  as the member--
              ``(A) is retired or placed on the temporary disability 
          retired list or inactive status list; or
              ``(B) is determined not to be eligible for such care or 
          benefits based solely upon such injury or illness.
      ``(2) A member retained on active duty under paragraph (1) may 
  elect at any time while so retained to be discharged, separated, or 
  released, as applicable, 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 Wounded 
  Warrior Transition Assistance Act of 2009.
      ``(f) A member contemplating the exercise of an option under 
  subsection (d), or making an election under subsection (e), may 
  exercise such option or make such election, as the case may be, only 
  after consultation with a member of the applicable judge advocate 
  general's corps.''.
  
  SEC. 3. COMPLIANCE OF HUMAN RESOURCES COMMANDS WITH REQUESTS FOR 
                RETENTION OF RESERVE COMPONENT MEMBERS ON ACTIVE DUTY.
  
      (a) In General.--The applicable human resources command shall 
  return to active duty in the Armed Forces for the purposes specified in 
  subsection (b) each member of a reserve component of the Armed Forces--
              (1) who wants to return to active duty; and
              (2) who--
                      (A) is determined by an appropriate physician 
                  (including a private physician) to be unable to work 
                  due to an illness or injury that may be determined to 
                  be service-connected; and
                      (B) is not retired, placed on the temporary 
                  disability retired list, receiving incapacitation pay 
                  under subsection (g) or (h) of section 204 of title 37, 
                  United States Code, or receiving health care and 
                  disability benefits through the Department of Veterans 
                  Affairs with respect to such illness or injury.
      (b) Covered Purposes.--The purposes for which a member of a reserve 
  component of the Armed Forces shall be returned to active duty under 
  subsection (a) are the following:
              (1) The receipt of a medical evaluation.
              (2) The receipt of medical treatment for an illness or 
          injury described in subsection (a).
              (3) A determination of eligibility for placement on the 
          temporary disability retired list.
      (c) Human Resources Commands.--For purposes of this section, the 
  term ``applicable human resources command'' means the following:
              (1) For the Army, the Human Resources Command.
              (2) For the Navy and the Marine Corps, the Air Force, and 
          the Coast Guard, the command or element of the military 
          department concerned (or the element of the Department of 
          Homeland Security with respect to the Coast Guard when it is 
          not acting as a service in the Navy) responsible for 
          discharging human resources functions with respect to members 
          of the Armed Forces.
      (d) Sunset.--The requirements in subsection (a) shall expire on the 
  date that is five years after the date of the enactment of this Act.
  
  SEC. 4. 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 as follows:
              ``(i) Any member remaining on active duty under subsection 
          (d) of section 1218 of this title, or retained on active duty 
          under subsection (e) of such section, during the period the 
          member is on active duty under such subsection.
              ``(ii) Any member returned to active duty under section 3 
          of the Wounded Warrior Transition Assistance Act of 2009 during 
          the period the member is on active duty for a purpose specified 
          in subsection (b) of that section.
      ``(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. 5. AUTHORIZATION FOR USE OF DEFENSE HEALTH PROGRAM FUNDS FOR 
                SUPPORT PROGRAMS FOR CERTAIN MEMBERS OF THE RESERVE 
                COMPONENTS.
  
      (a) Authorization.--Funds in the Defense Health Program shall be 
  available, subject to appropriations, for support programs for any 
  member of a reserve component who becomes ill or injured while on 
  active duty and separates from active duty as a result of the illness 
  or injury.
      (b) Support Programs.--The support programs for which such funds 
  shall be available include the following:
              (1) Non-clinical case management.
              (2) TRICARE program advisors.
              (3) Psychological health programs.
              (4) Connection and support of military health system 
          electronic medical records.
      (c) Coordination.--The Office of the Secretary of Defense for 
  Health Affairs shall coordinate with the reserve components, including 
  the National Guard, in determining the budget requirements of the 
  reserve components for the support programs.
  
  SEC. 6. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL 
                TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH 
                MEDICAL DISCHARGE PROCESS.
  
      (a) Capacity for Assistance Required.--Each Secretary of a military 
  department shall ensure that the number of members of the judge 
  advocate general's corps under the jurisdiction of such Secretary who 
  are dedicated to providing legal assistance to members of the Armed 
  Forces regarding medical discharge from the Armed Forces is adequate to 
  ensure that such corps has the capacity to provide legal assistance to 
  all members of the Armed Force or Armed Forces under the jurisdiction 
  of such Secretary who are undergoing medical discharge from the Armed 
  Forces (including during evaluation by a medical evaluation board 
  (MEB)) in connection with such medical discharge.
      (b) Provision of Assistance.--
              (1) In general.--The Secretary of each military department 
          shall, utilizing members of the judge advocate general's corps 
          under the jurisdiction of such Secretary described in 
          subsection (a), ensure that each member of the Armed Forces 
          under the jurisdiction of such Secretary who is undergoing 
          medical discharge from the Armed Forces receives appropriate 
          assistance on all legal matters relating to medical discharge 
          from the Armed Forces.
              (2) Elements.--The assistance provided a member of the 
          Armed Forces under this subsection shall include the following:
                      (A) Outreach by a member of the judge advocate 
                  general's corps to the member of the Armed Forces at 
                  the commencement of the medical discharge process by 
                  the member of the Armed Forces regarding legal matters 
                  relating to evaluation by a medical evaluation board.
                      (B) Representation by a member of the judge 
                  advocate general's corps of the member of the Armed 
                  Forces in connection with evaluation by a medical 
                  evaluation board, if requested by the member of the 
                  Armed Forces.
  
  SEC. 7. MAINTENANCE AND ASSIGNMENT OF JUDGE ADVOCATE GENERAL PERSONNEL 
                TO ASSIST MEMBERS OF THE ARMED FORCES IN CONNECTION WITH 
                DISABILITY EVALUATION BY THE DEPARTMENT OF VETERANS 
                AFFAIRS.
  
      (a) Capacity for Assistance Required.--Each Secretary of a military 
  department shall ensure that the judge advocate general's corps under 
  the jurisdiction of such Secretary has the capacity to provide legal 
  assistance to members of the Armed Force or Armed Forces under the 
  jurisdiction of such Secretary who are undergoing disability evaluation 
  by the Department of Veterans Affairs in connection with such 
  disability evaluation.
      (b) Provision of Assistance.--
              (1) In general.--The Secretary of each military department 
          shall, utilizing members of the judge advocate general's corps 
          under the jurisdiction of such Secretary covered by subsection 
          (a), ensure that each member of the Armed Forces under the 
          jurisdiction of such Secretary who is undergoing disability 
          evaluation by the Department of Veterans Affairs receives 
          appropriate assistance on all legal matters relating to such 
          evaluation.
              (2) Elements.--The assistance provided a member of the 
          Armed Forces under this subsection shall include the following:
                      (A) Outreach by a member of the judge advocate 
                  general's corps to the member of the Armed Forces at 
                  the commencement by the member of the Armed Forces of 
                  disability evaluation by the Department of Veterans 
                  Affairs regarding legal matters relating to disability 
                  evaluation by the Department of Veterans Affairs.
                      (B) Subject to paragraph (3), representation by a 
                  member of the judge advocate general's corps of the 
                  member of the Armed Forces in connection with 
                  disability evaluation by the Department of Veterans 
                  Affairs if requested by the member of the Armed Forces.
              (3) Scope of representation.--Members of the judge advocate 
          generals' corps shall have such powers and privileges to 
          practice before the Department of Veterans Affairs in 
          connection with representation of members of the Armed Forces 
          undergoing disability evaluation by the Department of Veterans 
          Affairs as the Secretary of Defense and the Secretary of 
          Veterans Affairs shall jointly prescribe in regulations for 
          purposes of this section. Such powers and privileges may not be 
          more restricted than the powers and privileges afforded 
          representatives of organizations recognized by the Secretary of 
          Veterans Affairs under section 5902 of title 38, United States 
          Code, in representing veterans in connection with disability 
          evaluation by the Department of Veterans Affairs.
  
  SEC. 8. SENSE OF CONGRESS ON ACCESS OF VETERANS SERVICE ORGANIZATIONS 
                TO MILITARY FACILITIES FOR COUNSELING AND SERVICES FOR 
                MEMBERS OF THE ARMED FORCES.
  
      (a) Sense of Congress.--It is the sense of Congress that--
              (1) each commander of a military installation should ensure 
          the use of space and equipment at military installations, as 
          required by section 2670(c) of title 10, United States Code, by 
          representatives of qualified veterans service organizations, 
          including those authorized to function on military 
          installations under that section;
              (2) the commander of each facility or location at which 
          access is provided under section 2670(c) of such title should 
          endeavor to provide private space in which a member of the 
          Armed Forces may receive counseling and services as available 
          from veterans service organizations;
              (3) the Secretary of Defense should widely disseminate 
          information regarding the existence and availability of the 
          Wounded Warrior Resource Center as required by section 1616 of 
          the Wounded Warrior Act (title XVI of Public Law 110-181; 122 
          Stat. 447; 10 U.S.C. 1071 note) to members of the Armed Forces 
          and their dependents; and
              (4) the Wounded Warrior Center should provide legal 
          assistance referral information where appropriate, as provided 
          for in this Act, especially to those members of the Armed 
          Forces for whom a medical evaluation board or a physical 
          evaluation board has been initiated and their family members.
      (b) Qualified Veterans Services Organization Defined.--In this 
  section, the term ``qualified veterans service organization'' means an 
  organization that is recognized by the Secretary of Veterans Affairs 
  for the representation of veterans under section 5902 of title 38, 
  United States Code.
  
  SEC. 9. EFFECTIVE DATE.
  
      This Act and the amendments made by this Act shall take effect on 
  the date that is 180 days after the date of the enactment of this Act.
  
  SEC. 10. FUNDING.
  
      Notwithstanding any provision of subchapter VI of chapter 35 of 
  title 31, United States Code, for purposes of carrying out this Act and 
  the amendments made by this Act, an amount in the aggregate of 
  $50,000,000 shall be derived from amounts recovered by the Department 
  of Defense from erroneous payments to contractors pursuant to recovery 
  audits and activities carried out by the Department under section 3561 
  of such title.
target: Wounded Warrior Transition Assistance Act of 2009 - Directs the Secretary of each military department to provide each reserve member of that department who is being evaluated for separation or retirement for disability, or for placement on the temporary disability retired list or inactive status list, the option to remain on active duty during such evaluation in order to continue to receive military pay and allowances, until the member is: (1) cleared to return to duty; or (2) separated, retired, or placed on the temporary disability retired or inactive status list.
  
  Requires each Secretary to retain on active duty (for pay and allowances purposes) a reserve member who incurs an injury or illness while on active duty, is being discharged or separated from the Armed Forces, or is being released from active duty, and is not being evaluated in connection with such discharge, separation, or release, until the member is: (1) retired or placed on the temporary disability retired or inactive status list; or (2) determined ineligible for such care or benefits based solely upon the injury or illness.
  
  Requires military human resources commands to return to active duty during their evaluation period reserve members who request such option.
  
  Encourages the use of local residences by reserve members during such transition periods.
  
  Authorizes the use of Defense Health Program funds for reserve members who become ill or injured while on active duty and separate as a result of such illness or injury.
  
  Provides for the assignment of Judge Advocate General personnel to assist members of the Armed Forces (members) in connection with the medical discharge process and disability evaluations.
  
  Expresses support for access of veterans service organizations to military facilities to provide counseling and services to members.
feat_title: A bill to amend title 10, United States Code, to require the Secretaries of the military departments to give wounded members of the reserve components of the Armed Forces the option of remaining on active duty during the transition process in order to continue to receive military pay and allowances, to authorize members to reside at their permanent places of residence during the process, and for other purposes.