To help ensure that COVID-19 does not prevent disabled veterans from using the medical treatment leave to which such veterans are entitled, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 8541 To help ensure that COVID–19 does not prevent disabled veterans from using the medical treatment leave to which such veterans are entitled, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 6, 2020 Mr. KILMER (for himself, Mr. FITZPATRICK, and Mr. CONNOLLY) introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To help ensure that COVID–19 does not prevent disabled veterans from using the medical treatment leave to which such veterans are entitled, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DISABLED VETERAN LEAVE EXTENSION AND 3 RESTORATION. 4 (a) IN GENERAL.—The period during which a cov- 5 ered employee is entitled to leave under section 6329(a) 6 of title 5, United States Code, shall be the 24-month pe- 7 riod beginning on the first day of employment of such em- 8 ployee. 9 VerDate Sep 11 2014 03:42 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8541.IH H8541 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8541 IH (b) LEAVE FORFEITURE.— 1 (1) IN GENERAL.—Notwithstanding subsection 2 (b)(2) of section 6329 of title 5, United States Code, 3 leave to which subsection (a) applies shall be for- 4 feited and may not be carried over if such leave is 5 not used during the 24-month period described in 6 such subsection. 7 (2) OTHER FORFEITURE RULE INAPPLI- 8 CABLE.—Any leave credited to a covered employee 9 that has not been forfeited prior to the date of the 10 enactment of this Act by operation of section 11 6329(b)(2) of title 5, United States Code, shall not 12 be forfeited by operation of such section. 13 (c) PREVIOUSLY FORFEITED LEAVE RESTORED.— 14 (1) IN GENERAL.—Leave credited to a covered 15 employee that was forfeited by operation of section 16 6329(b)(2) of title 5, United States Code, shall be 17 made available to such employee in accordance with 18 paragraph (3) and to the extent it was so forfeited 19 if— 20 (A) such employee did not use such leave 21 prior to forfeiture because medical treatment 22 from a Veterans Affairs medical provider for 23 the related disability was not reasonably avail- 24 able due to COVID–19, as determined by the 25 VerDate Sep 11 2014 03:42 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8541.IH H8541 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8541 IH Director of the Veterans Integrated Service 1 Network in which such employee resided on the 2 date of such forfeiture; and 3 (B) such employee would be entitled to 4 leave under section 6329(a) of title 5, United 5 States Code, if the date on which leave would 6 be made available under this paragraph was the 7 first day of employment of such employee. 8 (2) RESTORED LEAVE AVAILABILITY.—Leave 9 made available to a covered employee under para- 10 graph (1) shall remain available to such employee 11 until the date that is 12 months after the date on 12 which such leave was forfeited by operation of sec- 13 tion 6329(b)(2) of title 5, United States Code. 14 (3) APPLICATION.—A covered employee that 15 seeks leave to be made available under paragraph 16 (1) shall submit to the head of the agency employing 17 such employee a request, in such form and manner 18 as the Director of the Office of Personnel Manage- 19 ment may prescribe, for such leave. 20 (4) TREATMENT OF RESTORED LEAVE.—Except 21 as provided in this subsection, leave made available 22 under this subsection shall be treated in the same 23 manner as leave credited to an employee under sec- 24 tion 6329 of title 5, United States Code. 25 VerDate Sep 11 2014 03:42 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8541.IH H8541 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8541 IH (d) RULE OF CONSTRUCTION.—Subsection (a) shall 1 not be construed as modifying or otherwise affecting the 2 rights of any covered employee with respect to leave for- 3 feited prior to the date of the enactment of this Act by 4 operation of section 6329(b)(2) of title 5, United States 5 Code. 6 (e) DEFINITIONS.—In this Act: 7 (1) COVERED EMPLOYEE.—The term ‘‘covered 8 employee’’ means an employee described in section 9 6329(a) of title 5, United States Code, whose first 10 day of employment is during the covered period. 11 (2) COVERED PERIOD.—The term ‘‘covered pe- 12 riod’’ means the period beginning on March 1, 2019, 13 and ending on June 1, 2021. 14 (3) RELATED DISABILITY.—The term ‘‘related 15 disability’’ means the disability for which a covered 16 employee is entitled to the leave referred to in sub- 17 section (a). 18 (4) VETERANS AFFAIRS MEDICAL PROVIDER.— 19 The term ‘‘Veterans Affairs medical provider’’ 20 means any— 21 (A) medical facility of the Department of 22 Veterans Affairs that furnishes medical care or 23 services; or 24 VerDate Sep 11 2014 03:42 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8541.IH H8541 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8541 IH (B) non-Department of Veterans Affairs 1 health care provider who provides medical care 2 or services to veterans under the laws adminis- 3 tered by the Secretary of Veterans Affairs. 4 Æ VerDate Sep 11 2014 03:42 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H8541.IH H8541 pbinns on DSKJLVW7X2PROD with BILLS