Section 1 Short title
This Act may be cited as the “Parity for Public Health Service Ready Reserve Act”.
Parity for Public Health Service Ready Reserve Act
A BILL
To improve the provision of benefits and services to members of the Ready Reserve Corps of the Public Health Service, and for other purposes.
Sec. 2 Public Health Service Ready Reserve Corps (PHS RRC)
in subsection (a), by striking “in each armed force” and inserting “in each uniformed service”; and
in subsection (c), striking “the same for all armed forces” and inserting “the same for all reserve components of the uniformed services”.
Organization and unit structure— Section 10143(b) of title 10, United States Code, is amended—
in paragraph (1)—
by inserting “and the Public Health Service Ready Reserve Corps” after “other than the Coast Guard”; and
by striking “war plans; and” and inserting “war plans;”;
in paragraph (2), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(3) in the case of the Public Health Service Ready Reserve Corps, by the Secretary of Health and Human Services upon the recommendation of the Assistant Secretary for Health.”
Placement in Ready Reserves— Section 10145(a) of title 10, United States Code, is amended by striking “Ready Reserve of his armed force for his prescribed term of service, unless he is transferred” and inserting “Ready Reserve of the reserve component of the member's uniformed service for his or her prescribed term of service, unless such member is transferred”.
Standby Reserves—
in subsection (a), by inserting “and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps” after “operating as a service in the Navy”; and
in subsection (b), by inserting “or the Secretary of Health and Human Services, as the case may be,” after “prescribed by the Secretary concerned”.
Transfers from— Section 10150 of title 10, United States Code, is amended by inserting “and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps” after “operating as a service in the Navy”.
Training requirements— Section 10147(a) of title 10, United States Code, is amended—
by striking “in an armed force” and inserting “in a uniformed service”; and
by inserting “and the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps” after “operating as a service in the Navy”.
Failure to satisfactorily perform prescribed training— Section 10148(a) of title 10, United States Code, is amended by inserting “or the Secretary of Health and Human Services with respect to Public Health Service Ready Reserve Corps” after “Secretary of Defense”.
Inactive status list— Section 10152 of title 10, United States Code, is amended by striking “armed force” and inserting “uniformed service”.
Technical and conforming amendments—
Authorized end strength of the Ready Reserves of the Armed Forces— Section 10142 of title 10, United States Code, is amended by inserting “of the armed forces” after “Ready Reserve” both places it appears.
Continuous screening provisions applicable to Armed Forces— Section 10149 of title 10, United States Code, is amended—
in subsection (a), by inserting “or, in the case of the Public Health Service Ready Reserve Corps, the Secretary of Health and Human Services,” after “Secretary concerned”; and
in subsection (b)(2)(A), by inserting “or, in the case of a Member of Congress who also is a member of the Public Health Service Ready Reserve Corps, the Secretary of Health and Human Services” after “operating as a service in the Navy”.
Composition of Standby Reserves of Armed Forces— Section 10151 of title 10, United States Code, is amended by inserting “of the armed forces” after “The Standby Reserve”.
Sec. 3 Dual compensation parity for Ready Reserve Corps of the Public Health Service
by inserting “, a member of the Ready Reserve Corps of the Public Health Service,” after “armed forces”; and
by inserting “, member of the Ready Reserve Corps,” after “allowances as a Reserve”.
Uniformed service leave—
in the section heading, by striking “Military leave; Reserves and National Guardsmen” and inserting “Uniformed services leave”;
in subsection (b)—
in paragraph (1)—
by striking “or the National Guard” and inserting the following: “the National Guard”; and
by inserting “, or the Ready Reserve Corps of the Public Health Service” after “of title 32”; and
in paragraph (2)—
in subparagraph (A)(ii), by striking “or” at the end;
in subparagraph (B), by inserting “or” after the semicolon at the end; and
by inserting after subparagraph (B) the following:
“(C) in the case of a member of the Ready Reserve Corps of the Public Health Service, performs services as a result of a deployment to respond to an urgent or emergency public health need, as defined in section 203A(a) of the Public Health Service Act (42 U.S.C. 204a(a));”
by adding at the end the following:
“(e)
“(1) Subject to paragraph (2) of this subsection, an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia is entitled to leave without loss in pay, time, or performance or efficiency rating for active duty or inactive-duty training (as defined in section 101 of title 37) as a member of the Ready Reserve Corps of the Public Health Service. Leave under this subsection accrues for an employee or individual at the rate of 15 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year.
“(2) In the case of an employee or individual employed on a part-time career employment basis (as defined in section 3401(2) of this title), the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed under paragraph (1) which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee or individual during that fiscal year.
“(3) The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.”
Conforming amendment— The table of sections for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6323 and inserting the following:
Sec. 4 Clarification of entitlement to Post-9/11 Educational Assistance for service on active duty in the uniformed services
Clarification— Section 3301(1) of title 38, United States Code, is amended by adding at the end the following new subparagraphs:
“(D) In the case of members of the regular components of the Commissioned Corps of the Public Health Service, the meaning given such term in section 101(21)(B).
“(E) In the case of members of the reserve component of the Commissioned Corps of the Public Health Service, service on active duty under a call or order to active duty under subparagraph (B), (C), or (D) of section 203(c)(2) of the Public Health Service Act (42 U.S.C. 204(c)(2)) or section 216 of such Act (42 U.S.C. 217).”
Additional clarification— Section 3311 of such title is amended—
in the section heading by striking “in the Armed Forces” and inserting “in the uniformed services”;
in subsection (b), in paragraphs (1) through (11), by striking “Armed Forces” each place it appears and inserting “uniformed services”;
in subsection (c), by striking “Armed Forces” each place it appears and inserting “uniformed services”;
in subsection (d)(3)(A), by striking “Armed Forces” and inserting “uniformed services”; and
in subsection (f)(4)(B)(ii), by striking “Armed Forces” and inserting “uniformed services”.
Applicability— The amendments made by subsections (a) and (b) shall apply with respect to service occurring on or after March 27, 2020.
Clerical amendment— The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3311 and inserting the following new item:
Technical correction— Section 101 of such title is amended, in paragraphs (21) through (23), by striking “Reserve Corps of the Public Health Service” each place it appears and inserting “Ready Reserve Corps of the Public Health Service”.
Sec. 5 Extension of certain educational benefits to members of the Public Health Service Ready Reserve Corps
in subsection (a)—
by striking “each military department” and inserting “the reserve component of that Secretary's uniformed service”;
by striking “and” after “Secretary of Defense,”;
by inserting “, and the Secretary of Health and Human Services with respect to the Public Health Service Ready Reserve Corps,” after “Navy”; and
by striking “of the armed forces under the jurisdiction of the Secretary concerned” and inserting “of the uniformed services under the jurisdiction of such Secretary”;
in subsection (b)(1), by inserting “or the Secretary of Health and Human Services, as the case may be” after “Secretary concerned”;
in subsection (c)(3)(B)(i), by inserting “or section 203 of the Public Health Service Act (42 U.S.C. 204(a)(4))” after “of this title”;
in subsection (g)(2)(A), by inserting “or the Secretary of Health and Human Services, as the case may be” after “Secretary concerned”; and
in subsection (i)—
by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary of Defense” each place it appears; and
by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary concerned” each place it appears.
Eligibility— Section 16132(c) of title 10, United States Code, is amended by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary of Defense”.
Authority To transfer unused education benefits to family members— Section 16132a of title 10, United States Code, is amended—
in subsection (a), by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary concerned”;
in subsection (b)(1), by striking “member of the armed forces” and inserting “member of the reserve component of such member's uniformed service”;
in subsection (d), by inserting “and the Secretary of Health and Human Services” after “Secretary of Defense”;
in subsection (f)(2), by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary concerned”;
in subsection (g), by striking “armed forces” and inserting “uniformed services” both places it appears;
in subsection (h)(5)(B)—
by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary concerned”; and
by inserting “or a member of the Public Health Service Commissioned Corps, as the case may be” after “enlisted member”; and
in subsection (j), by inserting “and the Secretary of Health and Human Services” after “Secretary of Defense”.
Failure To participate satisfactorily; penalties— Section 16135(a) of title 10, United States Code, is amended—
by inserting “or the Secretary of Health and Human Services, as the case may be” after “Secretary concerned”; and
by striking “of an armed force” and inserting “of a uniformed service”.
Administration of the program— Section 16136(a) of title 10, United States Code, is amended—
by striking “and by the Secretary of Homeland Security” and inserting “by the Secretary of Homeland Security, and by the Secretary of Health and Human Services”; and
by inserting “or the Secretary of Health and Human Services, as the case may be,” after “Secretary concerned”.
Applicability— The amendments made by subsections (a) through (e) shall apply with respect to service occurring on or after March 27, 2020.
Sec. 6 Additional rights and privileges
In general— Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following:
“(22) Chapter 40, Leave, except that section 701(b) shall be applied and administered by substituting “120 days' leave” for “60 days' leave”.
“(23) Section 982, Members: service on State and local juries.
“(24) Section 1145, Health benefits.
“(25) Section 1076a, TRICARE dental program.
“(26) Section 1076d, TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve.
“(27) Section 1076e, TRICARE program: TRICARE Retired Reserve coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60.
“(28) Section 1057, Use of armed forces insignia on State license plates.
“(29) Section 1094, Licensure requirement for health-care professionals.
“(30) Section 987, Terms of consumer credit extended to members and dependents: limitations.
“(31) Section 1074, Medical and dental care for members and certain former members.
“(32) Section 1074a, Medical and dental care: members on duty other than active duty for a period of more than 30 days.”
Repeal— Section 219 of the Public Health Service Act (42 U.S.C. 210–1) is repealed.
Sec. 7 Expansion of Reserve Forces Policy Board to include representation of Public Health Service
Section 10301(c) of title 10, United States Code, is amended—
in the matter before paragraph (1), by striking “20 members” and inserting “21 members”; and
by adding at the end the following new paragraph:
“(9) One active or retired officer of the Ready Reserve Corps of the Public Health Service Commissioned Corps or one civilian, appointed by the Secretary of Health and Human Services.”
Sec. 8 Funding of Ready Reserve Corps
Section 203(d) of the Public Health Service Act (42 U.S.C. 204(d)) is amended by striking “$12,500,000 for each of fiscal years 2010 through 2014” and inserting “$13,600,000 for each of fiscal years 2024 and 2025”.