Library / Laws / 113th / s / S. 944 / Reported in Senate
II
Calendar No. 258
113th CONGRESS
1st Session
S. 944
[Report No. 113–123]
IN THE SENATE OF THE UNITED STATES
May 14, 2013Mr. Sanders (for himself
and Mr. Burr) introduced the following
bill; which was read twice and referred to the
Committee on Veterans'
AffairsStrike out all after the enacting clause and insert
the part printed in italic
December 9, 2013Reported by Mr. Sanders,
with an amendment and an amendment to the titleStrike out all after the enacting clause and insert
the part printed in italic
A BILL
To amend title 38, United States Code, to require courses
of education provided by public institutions of higher education that are
approved for purposes of the All-Volunteer Force Educational Assistance Program
and Post-9/11 Educational Assistance to charge veterans tuition and fees at the
in-State tuition rate, and for other purposes.
1.
Short title
This Act may be cited as the
Putting Our Veterans Back to Work Act
of 2013.
2.
Approval of courses of
education provided by public institutions of higher education for purposes of
All-Volunteer Force Educational Assistance Program and Post-9/11 Educational
Assistance conditional on in-State tuition rate for veterans
(a)
In
general
Section 3679 of title
38, United States Code, is amended by adding at the end the following new
subsection:
(c)
(1) Notwithstanding any other provision of this
chapter and subject to paragraphs (3) through (5), the Secretary shall
disapprove a course of education provided by a public institution of higher
education to a covered individual pursuing a course of education with
educational assistance under chapter 30 or 33 of this title while living in the
State in which the public institution of higher education is located if the
institution charges tuition and fees for that course for the covered individual
at a rate that is higher than the rate the institution charges for tuition and
fees for that course for residents of the State in which the institution is
located, regardless of the covered individual’s State of residence.
(2) For purposes of
this subsection, a covered individual is any individual as follows:
(A) A veteran who was
discharged or released from a period of not fewer than 180 days of service in
the active military, naval, or air service less than two years before the date
of enrollment in the course concerned.
(B) An individual who
is entitled to assistance under section 3311(b)(9) or 3319 of this title by
virtue of such individual's relationship to a veteran described in subparagraph
(A).
(3) It shall not be grounds to disapprove a
course of education under paragraph (1) if a public institution of higher
education requires a covered individual pursuing a course of education at the
institution to demonstrate an intent to establish residency in the State in
which the institution is located in order to be charged tuition and fees for
that course at a rate that is equal to or less than the rate the institution
charges for tuition and fees for that course for residents of the State.
(4) The Secretary may
waive such requirements of paragraph (1) as the Secretary considers
appropriate.
(5) Disapproval under paragraph (1) shall apply
only with respect to educational assistance under chapters 30 and 33 of this
title.
.
(b)
Effective
date
Subsection (c) of
section 3679 of title 38, United States Code (as added by subsection (a) of
this section) shall apply with respect to educational assistance provided for
pursuit of programs of education during academic terms that begin after July 1,
2015.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Veterans Health and Benefits
Improvement Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.Sec. 2. References to title 38, United States Code.TITLE I—Survivor and Dependent MattersSec. 101. Extension of initial period for increased dependency and indemnity compensation for surviving spouses with children.Sec. 102. Eligibility for dependency and indemnity compensation, educational assistance, and housing loans for surviving spouses who remarry after age 55.Sec. 103. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension.Sec. 104. Expansion of Marine Gunnery Sergeant John David Fry Scholarship.Sec. 105. Expansion of Yellow Ribbon G.I. Education Enhancement Program.Sec. 106. Benefits for children of certain Thailand service veterans born with spina bifida.Sec. 107. Program on assisted living for children of Vietnam veterans and certain Korea service veterans born with spina bifida.Sec. 108. Program on grief counseling in retreat settings for surviving spouses of members of the Armed Forces who die while serving on active duty in the Armed Forces.Sec. 109. Program evaluation on survivors' and dependents' educational assistance authorities.TITLE II—Education MattersSec. 201. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans.Sec. 202. Extension and expansion of authority for certain qualifying work-study activities for purposes of the educational assistance programs of the Department of Veterans Affairs.Sec. 203. Report on debt management and collection.Sec. 204. Restoration of prior reporting fee multipliers.TITLE III—Health Care MattersSubtitle A—Expansion and Improvements of Benefits GenerallySec. 301. Expansion of provision of chiropractic care and services to veterans.Sec. 302. Modification of commencement date of period of service at Camp Lejeune, North Carolina, for eligibility for hospital care and medical services in connection with exposure to contaminated water.Sec. 303. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training.Sec. 304. Extension of sunset date regarding transportation of individuals to and from facilities of Department of Veterans Affairs and requirement of report.Sec. 305. Program on health promotion for overweight and obese veterans through support of fitness center memberships.Sec. 306. Program on health promotion for veterans through establishment of Department of Veterans Affairs fitness facilities.Subtitle B—Health Care AdministrationSec. 311. Extension of Department of Veterans Affairs Health Professional Scholarship Program.Sec. 312. Expansion of availability of prosthetic and orthotic care for veterans.Sec. 313. Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center.Subtitle C—Complementary and Alternative MedicineSec. 321. Expansion of research and education on and delivery of complementary and alternative medicine to veterans.Sec. 322. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers.Sec. 323. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs.Sec. 324. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans.TITLE IV—Accountability and Administrative ImprovementsSec. 401. Administration of Veterans Integrated Service Networks.Sec. 402. Regional support centers for Veterans Integrated Service Networks.Sec. 403. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities.Sec. 404. Public access to Department of Veterans Affairs research and data sharing between Departments.Sec. 405. Budget transparency for outreach activities of Department of Veterans Affairs.Sec. 406. Comptroller general report on advisory committees of the Department of Veterans Affairs.TITLE V—Improvement of Processing of Claims for CompensationSubtitle A—Claims Based on Military Sexual TraumaSec. 501. Medical examination and opinion for disability compensation claims based on military sexual trauma.Sec. 502. Case representative officers for military sexual trauma support.Sec. 503. Report on standard of proof for service-connection of mental health conditions related to military sexual trauma.Sec. 504. Reports on claims for disabilities incurred or aggravated by military sexual trauma.Subtitle B—Agency of Original JurisdictionSec. 511. Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment.Sec. 512. Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators.Sec. 513. Reports on requests by the Department of Veterans Affairs for records of other Federal agencies.Sec. 514. Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs.Sec. 515. Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs.Sec. 516. Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated.Sec. 517. Reports on use of existing authorities to expedite benefits decisions.Sec. 518. Reports on Department disability medical examinations and prevention of unnecessary medical examinations.Subtitle C—Board of Veterans' Appeals and Court of Appeals for Veterans ClaimsSec. 521. Treatment of certain misfiled documents as a notice of appeal to the Court of Appeals for Veterans Claims.Sec. 522. Modification of filing period for notice of disagreement to initiate appellate review of decisions of Department of Veterans Affairs.Sec. 523. Determination of manner of appearance for hearings before Board of Veterans' Appeals.TITLE VI—Outreach MattersSec. 601. Program to increase coordination of outreach efforts between the Department of Veterans Affairs and Federal, State, and local agencies and nonprofit organizations.Sec. 602. Cooperative agreements between Secretary of Veterans Affairs and States on outreach activities.Sec. 603. Advisory committee on outreach activities of Department of Veterans Affairs.Sec. 604. Advisory boards on outreach activities of Department of Veterans Affairs relating to health care.Sec. 605. Modification of requirement for periodic reports to Congress on outreach activities of Department of Veterans Affairs.TITLE VII—Employment and Related MattersSubtitle A—Employment MattersSec. 701. Employment of veterans with the Federal Government.Sec. 702. State recognition of military experience of veterans in issuing licenses and credentials to veterans.Sec. 703. Report on unified Government Internet portal for veterans on jobs available through the Federal Government.Sec. 704. Information on disability-related employment and education protections in Transition Assistance Program.Subtitle B—Small Business MattersSec. 711. Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans.Sec. 712. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners.Sec. 713. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences.Sec. 714. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States.TITLE VIII—Other MattersSec. 801. Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension.Sec. 802. Office of National Veterans Sports Programs and Special Events.Sec. 803. Adaptive sports programs for disabled veterans and members of the Armed Forces through United States Olympic Committee.Sec. 804. Making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment.Sec. 805. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders.Sec. 806. Authority to issue Veterans ID Cards.Sec. 807. Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces.Sec. 808. Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans.Sec. 809. Review of determination of certain service in Philippines during World War II.Sec. 810. Report on Laotian military support of Armed Forces of the United States during Vietnam War.Sec. 811. Report on assistance for veterans in obtaining training on purchasing and operating a franchise.Sec. 812. Limitation on aggregate amount of bonuses payable to personnel of the Department of Veterans Affairs during fiscal year 2014.
2.
References to title 38,
United States Code
Except as
otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other
provision of title 38, United States Code.
I
Survivor and Dependent
Matters
101.
Extension of initial
period for increased dependency and indemnity compensation for surviving
spouses with children
(a)
In
general
Section 1311(f)(2) is
amended by striking two-year and inserting
three-year.
(b)
Effective
date
The amendment made by subsection (a) shall take effect as of
September 30, 2014, and shall apply to any surviving spouse who was eligible
for or in receipt of benefits under section 1311(f) of title 38, United States
Code, on or after the date of the enactment of this Act.
102.
Eligibility for
dependency and indemnity compensation, educational assistance, and housing
loans for surviving spouses who remarry after age 55
(a)
In
general
Paragraph (2)(B) of
section 103(d) is amended to read as follows:
(B) The remarriage after age 55 of the
surviving spouse of a veteran shall not bar the furnishing of benefits
specified in paragraph (5) to such person as the surviving spouse of the
veteran.
.
(b)
Conforming
amendment
Paragraph (5) of such section is amended by striking
Paragraphs (2)(A) and inserting Paragraphs
(2).
(c)
Effective
date
The amendments made by this section shall take effect on the
date that is one year after the date of the enactment of this Act.
103.
Extension of
marriage delimiting date for surviving spouses of Persian Gulf War veterans to
qualify for death pension
Section 1541(f)(1)(E) is amended by striking
January 1, 2001 and inserting the date that is 10 years
and one day after the date on which the Persian Gulf War was terminated, as
prescribed by Presidential proclamation or by law.
104.
Expansion of
Marine Gunnery Sergeant John David Fry Scholarship
(a)
Expansion of
entitlement
Subsection (b)(9)
of section 3311 is amended by inserting or spouse after
child.
(b)
Limitation and election
on certain benefits
Subsection (f) of such section is
amended—
(1) by redesignating
paragraph (2) as paragraph (4); and
(2) by inserting after
paragraph (1) the following new paragraphs:
(2)
Limitation
The
entitlement of an individual to assistance under subsection (a) pursuant to
paragraph (9) of subsection (b) because the individual was a spouse of a person
described in such paragraph shall expire on the earlier of—
(A) the date that is 15 years
after the date on which the person died; and
(B) the date on which the
individual remarries.
(3)
Election on receipt of
certain benefits
A surviving spouse entitled to assistance under
subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled
to educational assistance under chapter 35 of this title may not receive
assistance under both this section and such chapter, but shall make an
irrevocable election (in such form and manner as the Secretary may prescribe)
under which section or chapter to receive educational
assistance.
.
(c)
Conforming
amendment
Section 3321(b)(4) is amended—
(1) by striking an
individual and inserting a child; and
(2) by striking such
individual’s each time it appears and inserting such
child’s.
(d)
Effective
date
The amendments made by this section shall take effect on the
date that is two years after the date of the enactment of this Act.
105.
Expansion of
Yellow Ribbon G.I. Education Enhancement Program
(a)
In
general
Section 3317(a) is
amended by striking in paragraphs (1) and (2) and inserting
in paragraphs (1), (2), and (9).
(b)
Effective
date
The amendment made by subsection (a) shall apply with
respect to academic terms beginning after July 1, 2015.
106.
Benefits for
children of certain Thailand service veterans born with spina bifida
(a)
In
general
Subchapter III of chapter 18 is amended by adding at the
end the following new section:
1822.
Benefits for children
of certain Thailand service veterans born with spina bifida
(a)
Benefits
authorized
The Secretary may provide to any child of a veteran of
covered service in Thailand who is suffering from spina bifida the health care,
vocational training and rehabilitation, and monetary allowance required to be
paid to a child of a Vietnam veteran who is suffering from spina bifida under
subchapter I of this chapter as if such child of a veteran of covered service
in Thailand were a child of a Vietnam veteran who is suffering from spina
bifida under such subchapter.
(b)
Spina bifida conditions
covered
This section applies with respect to all forms and
manifestations of spina bifida, except spina bifida occulta.
(c)
Veteran of covered
service in Thailand
For purposes of this section, a veteran of
covered service in Thailand is any individual, without regard to the
characterization of that individual's service, who—
(1) served in the active
military, naval, or air service in Thailand, as determined by the Secretary in
consultation with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7, 1975; and
(2) is determined by the
Secretary, in consultation with the Secretary of Defense, to have been exposed
to a herbicide agent during such service in Thailand.
(d)
Herbicide
agent
For purposes of this section, the term herbicide
agent means a chemical in a herbicide used in support of United States
and allied military operations in Thailand, as determined by the Secretary in
consultation with the Secretary of Defense, during the period beginning on
January 9, 1962, and ending on May 7,
1975.
.
(b)
Conforming amendment to
definition of child
Section 1831(1) is
amended—
(1) in subparagraph
(B)—
(A) by striking
subchapter III of this chapter and inserting section 1821
of this title; and
(B) in clause (i), by
striking section 1821 of this title and inserting that
section; and
(2) by adding at the end the
following new subparagraph:
(C) For purposes of section
1822 of this title, an individual, regardless of age or marital status,
who—
(i) is the natural child of a
veteran of covered service in Thailand (as determined for purposes of that
section); and
(ii) was conceived after the
date on which that veteran first entered service described in subsection (c) of
that
section.
.
(c)
Clerical
amendments
(1)
Subchapter
heading
The heading for subchapter III of chapter 18 is amended
by inserting and
Thailand after Korea.
(2)
Table of
sections
The table of sections at the beginning of chapter 18 is
amended—
(A) by striking the item
relating to subchapter III and inserting the following new item:
Subchapter III—Children of
certain Korea and Thailand service veterans born with spina
bifida
;
and
(B) by inserting after the
item relating to section 1821 the following new item:
1822. Benefits for children of
certain Thailand service veterans born with spina
bifida.
.
(d)
Effective
date
The amendments made by this section shall take effect on the
date that is one year after the date of the enactment of this Act.
107.
Program on
assisted living for children of Vietnam veterans and certain Korea service
veterans born with spina bifida
(a)
Program
Commencing not later than 180 days after
the date on which this section takes effect, the Secretary of Veterans Affairs
shall carry out a program to assess the feasibility and advisability of
providing assisted living, group home care, or similar services in lieu of
nursing home care to covered individuals.
(b)
Covered
individuals
For purposes of this section, a covered individual is
any individual who is entitled to health care under subchapter I or III of
chapter 18 of title 38, United States Code.
(c)
Duration
(1)
In
general
Except as otherwise provided in this subsection, the
program shall be carried out during the three-year period beginning on the date
of the commencement of the program.
(2)
Continuation
Subject
to paragraph (3), the Secretary may continue the program for an additional
two-year period as the Secretary considers appropriate.
(3)
Termination
The
program may not operate after the date that is five years after the date of the
commencement of the program.
(d)
Scope of services and
program
Under the program,
the Secretary shall provide covered individuals with integrated, comprehensive
services, including the following:
(1) Assisted living, group home care, or such
other similar services as the Secretary considers appropriate.
(2) Transportation services.
(3) Such other services as the Secretary
considers appropriate for the care of covered individuals under the
program.
(e)
Program
requirements
In carrying out
the program, the Secretary shall—
(1) inform all covered
individuals of the services available under the program;
(2) enter into agreements with appropriate
providers of assisted living, group home care, or other similar services for
provision of services under the program; and
(3) determine the appropriate
number of covered individuals to be enrolled in the program and criteria for
such enrollment.
(f)
Reports
(1)
Preliminary
reports
(A)
In
general
Not later than one year after the date of the
commencement of the program and, if the program is continued under subsection
(c)(2), not later than three years after the date of the commencement of the
program, the Secretary shall submit to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B)
Contents
Each
report submitted under subparagraph (A) shall include the following:
(i) A description of the
implementation and operation of the program.
(ii) The number of covered
individuals receiving benefits under the program.
(iii) An analysis that compares the costs of
furnishing assisted living, group home care, or similar service with the costs
of furnishing nursing home care.
(iv) An analysis of the costs
and benefits under the program.
(v) The findings and
conclusions of the Secretary with respect to the program.
(vi) Such recommendations for
the continuation or expansion of the program as the Secretary may have.
(2)
Final report
(A)
In
general
Not later than 180 days after the completion of the
program, the Secretary shall submit to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B)
Contents
The
report submitted under subparagraph (A) shall include the following:
(i) The findings and
conclusions of the Secretary with respect to the program.
(ii) Such recommendations for
the continuation or expansion of the program as the Secretary may have.
(g)
Funding
Amounts to carry out the program shall be
derived from amounts appropriated or otherwise made available for the
furnishing of nursing home care under chapter 18 of title 38, United States
Code.
(h)
Effective
date
This section shall take
effect on the date that is one year after the date of the enactment of this
Act.
108.
Program on
grief counseling in retreat settings for surviving spouses of members of the
Armed Forces who die while serving on active duty in the Armed Forces
(a)
Program
required
(1)
In
general
Commencing not later than 180 days after the date on
which this section takes effect, the Secretary of Veterans Affairs shall carry
out, through the Readjustment Counseling Service of the Veterans Health
Administration, a program to assess the feasibility and advisability of
providing grief counseling services described in subsection (b) in group
retreat settings to surviving spouses of members of the Armed Forces who die
while serving on active duty in the Armed Forces who would, as determined by
the Readjustment Counseling Service, benefit from the services provided under
the program.
(2)
Participation at
election of surviving spouse
The participation of a surviving
spouse in the program under this section shall be at the election of the
surviving spouse.
(b)
Covered
services
The services provided to a surviving spouse under the
program shall include the following:
(1) Information and
counseling on coping with grief.
(2) Information about
benefits and services available to surviving spouses under laws administered by
the Secretary.
(3) Such other information
and counseling as the Secretary considers appropriate to assist a surviving
spouse under the program with adjusting to the death of a spouse.
(c)
Events
The
Secretary shall carry out the program at not fewer than six events as
follows:
(1) Three events at which
surviving spouses with dependent children are encouraged to bring their
children.
(2) Three events at which
surviving spouses with dependent children are not encouraged to bring their
children.
(d)
Duration
The
program shall be carried out during the two-year period beginning on the date
of the commencement of the program.
(e)
Reports
(1)
In
general
Not later than 180 days after the completion of the first
year of the program and not later than 180 days after the completion of the
program, the Secretary shall submit to Congress a report on the program.
(2)
Contents
Each
report submitted under paragraph (1) shall contain the findings and conclusions
of the Secretary as a result of the program, and shall include such
recommendations for the continuation or expansion of the program as the
Secretary considers appropriate.
(f)
Definitions
In
this section, the terms active duty, Armed Forces,
and surviving spouse have the meanings given such terms in section
101 of title 38, United States Code.
(g)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
109.
Program
evaluation on survivors' and dependents' educational assistance
authorities
(a)
In
general
The Secretary of
Veterans Affairs shall enter into a contract with an appropriate private sector
entity to conduct a program evaluation of the authorities for survivors' and
dependents' educational assistance under chapter 35 of title 38, United States
Code.
(b)
Report
Not
later than six months after the entry into the contract required by subsection
(a), the Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of Representatives a
report setting forth the results of the program evaluation conducted pursuant
to the contract, together with such comments on the results of the program
evaluation as the Secretary considers appropriate.
(c)
Effective
date
This section shall take effect one year after the date of
the enactment of this Act.
II
Education
Matters
201.
Approval of courses
of education provided by public institutions of higher learning for purposes of
All-Volunteer Force Educational Assistance Program and Post-9/11 Educational
Assistance conditional on in-State tuition rate for veterans
(a)
In
general
Section 3679 is
amended by adding at the end the following new subsection:
(c)
(1) Notwithstanding any other provision of this
chapter and subject to paragraphs (3) through (6), the Secretary shall
disapprove a course of education provided by a public institution of higher
learning to a covered individual pursuing a course of education with
educational assistance under chapter 30 or 33 of this title while living in the
State in which the public institution of higher learning is located if the
institution charges tuition and fees for that course for the covered individual
at a rate that is higher than the rate the institution charges for tuition and
fees for that course for residents of the State in which the institution is
located, regardless of the covered individual’s State of residence.
(2) For purposes of this
subsection, a covered individual is any individual as follows:
(A) A veteran who was
discharged or released from a period of not fewer than 90 days of service in
the active military, naval, or air service less than three years before the
date of enrollment in the course concerned.
(B) An individual who is
entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue
of such individual's relationship to a veteran described in subparagraph
(A).
(3) If after
enrollment in a course of education that is subject to disapproval under
paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual
pursues one or more courses of education at the same public institution of
higher learning while remaining continuously enrolled (other than during
regularly scheduled breaks between courses, semesters or terms) at that
institution of higher learning, any course so pursued by the covered individual
at that institution of higher learning while so continuously enrolled shall
also be subject to disapproval under paragraph (1).
(4) It shall not be grounds to disapprove a
course of education under paragraph (1) if a public institution of higher
learning requires a covered individual pursuing a course of education at the
institution to demonstrate an intent, by means other than satisfying a physical
presence requirement, to establish residency in the State in which the
institution is located, or to satisfy other requirements not relating to the
establishment of residency, in order to be charged tuition and fees for that
course at a rate that is equal to or less than the rate the institution charges
for tuition and fees for that course for residents of the State.
(5) The Secretary may waive
such requirements of paragraph (1) as the Secretary considers
appropriate.
(6) Disapproval under paragraph (1) shall apply
only with respect to educational assistance under chapters 30 and 33 of this
title.
.
(b)
Effective
date
Subsection (c) of
section 3679 of title 38, United States Code (as added by subsection (a) of
this section), shall apply with respect to educational assistance provided for
pursuit of programs of education during academic terms that begin after July 1,
2015, through courses of education that commence on or after that date.
202.
Extension and
expansion of authority for certain qualifying work-study activities for
purposes of the educational assistance programs of the Department of Veterans
Affairs
(a)
Extension of expiring
current authority
Section 3485(a)(4) is amended by striking
June 30, 2013 each place it appears and inserting June
30, 2015.
(b)
Expansion to outreach
services provided through congressional offices
Such section is further amended by adding
at the end the following new subparagraph:
(K) During the period beginning on June 30,
2013, and ending on June 30, 2015, the following activities carried out at the
offices of Members of Congress for such Members:
(i) The distribution of
information to members of the Armed Forces, veterans, and their dependents
about the benefits and services under laws administered by the Secretary and
other appropriate governmental and nongovernmental programs.
(ii) The preparation and
processing of papers and other documents, including documents to assist in the
preparation and presentation of claims for benefits under laws administered by
the
Secretary.
.
(c)
Annual reports
(1)
In
general
Not later than June 30 of 2014 and 2015, the Secretary of
Veterans Affairs shall submit to Congress a report on the work-study allowances
paid under paragraph (1) of section 3485(a) of title 38, United States Code,
during the most recent one-year period for qualifying work-study activities
described in paragraph (4) of such section, as amended by subsections (a) and
(b) of this section.
(2)
Contents
Each
report submitted under paragraph (1) shall include, for the year covered by
such report, the following:
(A) A description of the
recipients of such work-study allowances.
(B) A list of the locations
where qualifying work-study activities were carried out.
(C) A description of the
outreach conducted by the Secretary to increase awareness of the eligibility of
such work-study activities for such work-study allowances.
203.
Report on debt
management and collection
(a)
Report
Not
later than one year after the effective date specified in subsection (c), the
Comptroller General of the United States shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the
House of Representatives a report on processes used by the Department of
Veterans Affairs to identify and resolve cases of incorrect payments associated
with educational assistance under chapters 30 and 33 of title 38, United States
Code.
(b)
Issues
addressed
The report required by subsection (a) shall, to the
extent possible, address the following:
(1) The effectiveness of the
processes referred to in subsection (a) in identifying and resolving incorrect
payments associated with educational assistance under chapters 30 and 33 of
title 38, United States Code.
(2) The accuracy of
overpayment information provided to veterans by the Education Service and Debt
Management Center of the Department.
(3) How well the Debt
Management Center of the Department communicates and works with veterans to
resolve disputed debt amounts.
(4) How the payment and debt
collection processes of the Department compare to comparable programs in other
Federal agencies.
(5) Any recommendations to
improve the payment and debt collection processes of the Department that the
Comptroller General considers appropriate.
(c)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
204.
Restoration of prior
reporting fee multipliers
Section 3684(c) is amended—
(1) by striking
$12 and inserting $7; and
(2) by striking
$15 and inserting $11.
III
Health Care
Matters
A
Expansion and
Improvements of Benefits Generally
301.
Expansion of provision
of chiropractic care and services to veterans
(a)
Program for provision
of chiropractic care and services to veterans
Section 204(c) of the Department of
Veterans Affairs Health Care Programs Enhancement Act of 2001 (Public Law
107–135; 115 Stat. 2459; 38 U.S.C. 1710 note) is amended—
(1) by inserting
(1) before The program; and
(2) by adding at the end the
following new paragraph:
(2) The program shall be
carried out at not fewer than two medical centers or clinics in each Veterans
Integrated Service Network by not later than one year after the effective date
specified in section 301(c) of the Veterans Health and Benefits Improvement Act
of 2013, and at not fewer than 50 percent of all medical centers in each
Veterans Integrated Service Network by not later than two years after such
effective
date.
.
(b)
Expanded chiropractor
services available to veterans
(1)
Medical
services
Paragraph (6) of section 1701 is amended by adding at
the end the following new subparagraph:
(H) Chiropractic
services.
.
(2)
Rehabilitative
services
Paragraph (8) of such section is amended by inserting
chiropractic, after counseling,.
(3)
Preventive health
services
Paragraph (9) of such section is amended—
(A) by redesignating
subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively;
and
(B) by inserting after
subparagraph (E) the following new subparagraph (F):
(F) periodic and preventive
chiropractic examinations and
services;
.
(c)
Effective
date
This section and the amendments made by this section shall
take effect on the date that is one year after the date of the enactment of
this Act.
302.
Modification of
commencement date of period of service at Camp Lejeune, North Carolina, for
eligibility for hospital care and medical services in connection with exposure
to contaminated water
(a)
Modification
Section 1710(e)(1)(F) is amended by
striking January 1, 1957, and inserting August 1, 1953
(or such earlier date for the commencement of exposure to contaminated water at
Camp Lejeune as the Secretary, in consultation with the Agency for Toxic
Substances and Disease Registry, shall specify),.
(b)
Publication
The
Secretary of Veterans Affairs shall publish in the Federal Register a notice of
any earlier date for the commencement of exposure to contaminated water at Camp
Lejeune, North Carolina, for purposes of section 1710(e)(1)(F) of title 38,
United States Code, as amended by subsection (a).
303.
Expansion of
eligibility for sexual trauma counseling and treatment to veterans on inactive
duty training
Section
1720D(a)(1) is amended by striking or active duty for training
and inserting , active duty for training, or inactive duty
training.
304.
Extension of
sunset date regarding transportation of individuals to and from facilities of
Department of Veterans Affairs and requirement of report
(a)
Extension of
sunset date
Subsection (a)(2) of section 111A is amended by
striking the date that is one year after the date of the enactment of
this section and inserting September 30, 2015.
(b)
Funding
available
Such section is further amended by adding at the end
the following new subsection:
(c)
Funding
There
is hereby authorized to be appropriated for each of fiscal years 2014 and 2015
for the Department, $4,000,000 to carry out this
section.
.
(c)
Report
Not
later than one year after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives a report
on—
(1) the efforts of
the Secretary to carry out the transportation services required by section
111A(a) of title 38, United States Code;
(2) the utilization of those
services by covered veterans; and
(3) the feasibility and
advisability of the continuation of the provision of such services after
September 30, 2015.
305.
Program on
health promotion for overweight and obese veterans through support of fitness
center memberships
(a)
Program
required
Commencing not later than 180 days after the date on
which this section takes effect, the Secretary of Veterans Affairs shall,
through the National Center for Preventive Health, carry out a program to
assess the feasibility and advisability of promoting health in covered
veterans, including achieving a healthy weight and reducing risks of chronic
disease, through support for fitness center membership.
(b)
Covered
veterans
For purposes of this section, a covered veteran is any veteran who—
(1) is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 of title 38, United States Code;
(2) is determined by a
clinician of the Department of Veterans Affairs to be overweight or obese as of
the date of the commencement of the program; and
(3) resides in a location
that is more than 15 minutes driving distance from a fitness center at a
facility of the Department that would otherwise be available to the veteran for
at least eight hours per day during five or more days per week.
(c)
Duration of
program
The program shall be carried out during the two-year
period beginning on the date of the commencement of the program.
(d)
Locations
(1)
In
general
In carrying out the program, the Secretary shall
select—
(A) not less than five
medical centers of the Department at which the Secretary shall cover the full
reasonable cost of a fitness center membership for covered veterans within the
catchment area of such centers; and
(B) not less than five
medical centers of the Department at which the Secretary shall cover half the
reasonable cost of a fitness center membership for covered veterans within the
catchment area of such centers.
(2)
Considerations
In
selecting locations for the program, the Secretary shall consider the
feasibility and advisability of selecting locations in the following
areas:
(A) Rural areas.
(B) Areas that are not in
close proximity to an active duty military installation.
(C) Areas in different
geographic locations.
(e)
Participation
(1)
Maximum number of
participants
The number of covered veterans who may participate
in the program at each location selected under subsection (d) may not exceed
100.
(2)
Voluntary
participation
The participation of a covered veteran in the
program shall be at the election of the covered veteran in consultation with a
clinician of the Department.
(f)
Membership
payment
(1)
In
general
Except as provided in paragraph (2), in carrying out the
program, the Secretary shall pay the following:
(A) The full reasonable cost
of a fitness center membership for covered veterans within the catchment area
of centers selected under subsection (d)(1)(A) who are participating in the
program.
(B) Half the reasonable cost
of a fitness center membership for covered veterans within the catchment area
of centers selected under subsection (d)(1)(B) who are participating in the
program.
(2)
Limitation
Payment
for a fitness center membership of a covered veteran may not exceed $50 per
month of membership.
(g)
Reports
(1)
Periodic
reports
Not later than 90 days after the date of the commencement
of the program and not less frequently than once every 90 days thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a report on
activities carried out to implement the program, including outreach activities
to veterans and community organizations.
(2)
Final
report
Not later than 180 days after the date of the completion
of the program, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program detailing—
(A) the findings and
conclusions of the Secretary as a result of the program; and
(B) recommendations for the
continuation or expansion of the program.
(h)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
306.
Program on
health promotion for veterans through establishment of Department of Veterans
Affairs fitness facilities
(a)
Program
required
Commencing not later than 180 days after the date on
which this section takes effect, the Secretary of Veterans Affairs shall carry
out a program to assess the feasibility and advisability of promoting health in
covered veterans, including achieving a healthy weight, through establishment
of Department of Veterans Affairs fitness facilities.
(b)
Covered
veterans
For purposes of this section, a covered veteran is any
veteran who is enrolled in the system of annual patient enrollment established
and operated by the Secretary under section 1705 of title 38, United States
Code.
(c)
Duration of
program
The program shall be carried out during the three-year
period beginning on the date of the commencement of the program.
(d)
Locations
(1)
In
general
The Secretary shall carry out the program by establishing
fitness facilities in Department facilities as follows:
(A) In not fewer than five
Department of Veterans Affairs medical centers selected by the Secretary for
purposes of the program.
(B) In not fewer than five
outpatient clinics of the Department selected by the Secretary for purposes of
the program.
(2)
Considerations
In
selecting locations for the program, the Secretary shall consider the
feasibility and advisability of selecting locations in the following
areas:
(A) Rural areas.
(B) Areas that are not in
close proximity to an active duty military installation.
(C) Areas in different
geographic locations.
(e)
Limitation on
expenses
In establishing and supporting a fitness facility in a
facility of the Department under the program, the Secretary may expend amounts
as follows:
(1) For establishment and
support of a fitness facility in a Department of Veterans Affairs medical
center, not more than $60,000.
(2) For establishment and
support of a fitness facility in an outpatient clinic of the Department, not
more than $40,000.
(f)
Repurposing of physical
space and purchases of equipment
(1)
In
general
Subject to subsection (e), the Secretary may, in carrying
out the program, repurpose existing physical space of the Department and
purchase such fitness equipment and supplies as the Secretary considers
appropriate for purposes of the program.
(2)
Repurposing
exception
Existing physical space used for the direct delivery of
health care to patients may not be repurposed under paragraph (1).
(g)
Prohibition on
assessment of user fees
The Secretary may not assess a fee upon a
covered veteran for use of a fitness facility established under the
program.
(h)
Voluntary
participation
The participation of a covered veteran in the
program shall be at the election of the covered veteran.
(i)
Reports
(1)
Periodic
reports
Not later than 90 days after the date of the commencement
of the program and not less frequently than once every 90 days thereafter, the
Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives a report on
activities carried out to implement the program, including outreach activities
to veterans and community organizations.
(2)
Final
report
Not later than 180 days after the date of the completion
of the program, the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report on the program detailing—
(A) the findings and
conclusions of the Secretary as a result of the program; and
(B) recommendations for the
continuation or expansion of the program.
(j)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
B
Health Care
Administration
311.
Extension of
Department of Veterans Affairs Health Professional Scholarship
Program
Section 7619 is
amended by striking December 31, 2014 and inserting
December 31, 2019.
312.
Expansion of
availability of prosthetic and orthotic care for veterans
(a)
Establishment or
expansion of advanced degree programs To expand availability of provision of
care
The Secretary of Veterans Affairs shall work with
institutions of higher education to develop partnerships for the establishment
or expansion of programs of advanced degrees in prosthetics and orthotics in
order to improve and enhance the availability of high quality prosthetic and
orthotic care for veterans.
(b)
Report
Not
later than one year after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Veterans’ Affairs of the Senate and the
Committee on Veterans’ Affairs of the House of Representatives a report setting
forth a plan for carrying out subsection (a). The Secretary shall develop the
plan in consultation with veterans service organizations, institutions of
higher education with accredited degree programs in prosthetics and orthotics,
and representatives of the prosthetics and orthotics field.
(c)
Funding
(1)
Authorization of
appropriations
There is hereby authorized to be appropriated for
fiscal year 2015 for the Department of Veterans Affairs, $10,000,000 to carry
out this section.
(2)
Availability
The
amount authorized to be appropriated by paragraph (1) shall remain available
for expenditure until September 30, 2017.
313.
Corporal
Michael J. Crescenz Department of Veterans Affairs Medical Center
(a)
Designation
The medical center of the Department of
Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania,
shall after the date of the enactment of this Act be known and designated as
the Corporal Michael J. Crescenz Department of Veterans Affairs Medical
Center.
(b)
References
Any
reference in any law, regulation, map, document, paper, or other record of the
United States to the medical center referred to in subsection (a) shall be
considered to be a reference to the Corporal Michael J. Crescenz Department of
Veterans Affairs Medical Center.
C
Complementary and
Alternative Medicine
321.
Expansion of research
and education on and delivery of complementary and alternative medicine to
veterans
(a)
Development of plan To
expand research, education, and delivery
Not later than six
months after the effective date specified in subsection (f), the Secretary of
Veterans Affairs shall develop a plan to expand materially and substantially
the scope of research and education on, and delivery and integration of,
complementary and alternative medicine services into the health care services
provided to veterans.
(b)
Elements
The
plan required by subsection (a) shall provide for the following:
(1) Research on the
following:
(A) The comparative
effectiveness of various complementary and alternative medicine
therapies.
(B) Approaches to integrating
complementary and alternative medicine services into other health care services
provided by the Department.
(2) Education and training
for health care professionals of the Department on the following:
(A) Complementary and
alternative medicine services selected by the Secretary for purposes of the
plan.
(B) Appropriate uses of such
services.
(C) Integration of such
services into the delivery of health care to veterans.
(3) Research, education, and
clinical activities on complementary and alternative medicine at centers of
innovation at Department medical centers.
(4) Identification or
development of metrics and outcome measures to evaluate the provision and
integration of complementary and alternative medicine services into the
delivery of health care to veterans.
(5) Integration and delivery
of complementary and alternative medicine services with other health care
services provided by the Department.
(c)
Consultation
(1)
In
general
In carrying out subsection (a), the Secretary shall
consult with the following:
(A) The Director of the
National Center on Complementary and Alternative Medicine of the National
Institutes of Health.
(B) The Commissioner of Food
and Drugs.
(C) Institutions of higher
education, private research institutes, and individual researchers with
extensive experience in complementary and alternative medicine and the
integration of complementary and alternative medicine practices into the
delivery of health care.
(D) Nationally recognized
providers of complementary and alternative medicine.
(E) Such other officials,
entities, and individuals with expertise on complementary and alternative
medicine as the Secretary considers appropriate.
(2)
Scope of
consultation
The Secretary shall undertake consultation under
paragraph (1) in carrying out subsection (a) with respect to the
following:
(A) To develop the
plan.
(B) To identify specific
complementary and alternative medicine practices that, on the basis of research
findings or promising clinical interventions, are appropriate to include as
services to veterans.
(C) To identify barriers to
the effective provision and integration of complementary and alternative
medicine services into the delivery of health care to veterans, and to identify
mechanisms for overcoming such barriers.
(d)
Funding
There
is authorized to be appropriated to the Secretary such sums as may be necessary
to carry out this section.
(e)
Complementary
and alternative medicine defined
In this section, the term
complementary and alternative medicine shall have the meaning
given that term in regulations the Secretary shall prescribe for purposes of
this section, which shall, to the degree practicable, be consistent with the
meaning given such term by the Secretary of Health and Human Services.
(f)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
322.
Program on integration
of complementary and alternative medicine within Department of Veterans Affairs
medical centers
(a)
Program
required
The Secretary of Veterans Affairs shall—
(1) carry out, through the
Office of Patient Centered Care and Cultural Transformation of the Department
of Veterans Affairs, a program to assess the feasibility and advisability of
integrating the delivery of complementary and alternative medicine services
selected by the Secretary with other health care services provided by the
Department for veterans with mental health conditions, chronic pain conditions,
other chronic conditions, and such other conditions as the Secretary determines
appropriate; and
(2) in developing the
program, identify and resolve barriers to the provision of complementary and
alternative medicine services selected by the Secretary and the integration of
those services with other health care services provided by the
Department.
(b)
Duration of
program
The program shall be carried out during the three-year
period beginning on the effective date specified in subsection (j).
(c)
Locations
(1)
In
general
The Secretary shall carry out the program at not fewer
than 15 separate Department medical centers.
(2)
Polytrauma
centers
Not less than two of the medical centers designated under
paragraph (1) shall be located at polytrauma rehabilitation centers of the
Department.
(3)
Selection of
locations
In carrying out the program, the Secretary shall select
locations that include the following areas:
(A) Rural areas.
(B) Areas that are not in
close proximity to an active duty military installation.
(C) Areas representing
different geographic locations, such as census tracts established by the Bureau
of the Census.
(d)
Provision of
services
Under the program, the Secretary shall provide covered
services to covered veterans by integrating complementary and alternative
medicine services with other services provided by the Department at the medical
centers designated under subsection (c)(1).
(e)
Covered
veterans
For purposes of the program, a covered veteran is any
veteran who—
(1) has a mental health
condition diagnosed by a clinician of the Department;
(2) experiences chronic pain;
or
(3) has a chronic condition
being treated by a clinician of the Department.
(f)
Covered
services
(1)
In
general
For purposes of the program, covered services are
services consisting of complementary and alternative medicine as selected by
the Secretary.
(2)
Administration of
services
Covered services shall be administered under the program
as follows:
(A) Covered services shall be
administered by clinicians employed by the Secretary for purposes of this
section who, to the extent practicable, shall provide services consisting of
complementary and alternative medicine, including those clinicians who solely
provide such services.
(B) Covered services shall be
included as part of the Patient Aligned Care Teams initiative of the Office of
Patient Care Services, Primary Care Program Office, in coordination with the
Office of Patient Centered Care and Cultural Transformation.
(C) Covered services shall be
made available to both—
(i) covered veterans with
mental health conditions, pain conditions, or chronic conditions described in
subsection (e) who have received conventional treatments from the Department
for such conditions; and
(ii) covered veterans with
mental health conditions, pain conditions, or chronic conditions described in
subsection (e) who have not received conventional treatments from the
Department for such conditions.
(g)
Voluntary
participation
The participation of a veteran in the program shall
be at the election of the veteran and in consultation with a clinician of the
Department.
(h)
Reports to
Congress
(1)
Quarterly
reports
Not later than 90 days after the date of the commencement
of the program and not less frequently than once every 90 days thereafter for
the duration of the program, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the efforts of the Secretary to carry out
the program, including a description of the outreach conducted by the Secretary
to veterans and community organizations to inform such organizations about the
program.
(2)
Final report
(A)
In
general
Not later than 180 days after the completion of the
program, the Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(B)
Contents
The
report submitted under subparagraph (A) shall include the following:
(i) The findings and
conclusions of the Secretary with respect to the program, including with
respect to—
(I) the utilization and
efficacy of the complementary and alternative medicine services established
under the program;
(II) an assessment of the
benefit of the program to covered veterans in mental health diagnoses, pain
management, and treatment of chronic illness; and
(III) the comparative
effectiveness of various complementary and alternative medicine
therapies.
(ii) Barriers identified
under subsection (a)(2) that were not resolved.
(iii) Such recommendations
for the continuation or expansion of the program as the Secretary considers
appropriate.
(i)
Complementary
and alternative medicine defined
In this section, the term
complementary and alternative medicine shall have the meaning
given that term in section 321(e) of this Act.
(j)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
323.
Studies of barriers
encountered by veterans in receiving, and administrators and clinicians in
providing, complementary and alternative medicine services furnished by the
Department of Veterans Affairs
(a)
Studies
required
(1)
In
general
The Secretary of Veterans Affairs shall conduct
comprehensive studies of the barriers encountered by veterans in receiving, and
administrators and clinicians in providing, complementary and alternative
medicine services furnished by the Department of Veterans Affairs.
(2)
Studies
conducted
(A)
Veterans
In
conducting the study of veterans, the Secretary shall—
(i) survey veterans who seek
or receive hospital care or medical services furnished by the Department, as
well as veterans who do not seek or receive such care or services;
(ii) administer the survey to
a representative sample of veterans from each Veterans Integrated Service
Network; and
(iii) ensure that the sample
of veterans surveyed is of sufficient size for the study results to be
statistically significant.
(B)
Administrators and
clinicians
In conducting the study of clinicians and
administrators, the Secretary shall—
(i) survey administrators of
the Department who are involved in the provision of health care
services;
(ii) survey clinicians that
have provided complementary and alternative medicine services through the
program established under section 322 of this Act, after those clinicians have
provided those services through such program for at least 90 days; and
(iii) administer the survey
to administrators under clause (i)—
(I) before the introduction
of complementary and alternative medicine services through such program;
and
(II) not earlier than 90 days
after the introduction of complementary and alternative medicine services
through such program.
(b)
Elements of
studies
(1)
Veterans
In
conducting the study of veterans required by subsection (a), the Secretary
shall study the following:
(A) The perceived barriers
associated with obtaining complementary and alternative medicine services from
the Department.
(B) The satisfaction of
veterans with complementary and alternative medicine services in primary
care.
(C) The degree to which
veterans are aware of eligibility requirements for, and the scope of services
available under, complementary and alternative medicine services furnished by
the Department.
(D) The effectiveness of
outreach to veterans on the availability of complementary and alternative
medicine for veterans.
(E) Such other barriers as
the Secretary considers appropriate.
(2)
Administrators and
clinicians
In conducting the study of administrators and
clinicians required by subsection (a), the Secretary shall study the
following:
(A) The extent of the
integration of complementary and alternative medicine services within the
services provided by the Department.
(B) The perception by
administrators and clinicians of the structural and attitudinal barriers to the
delivery of high quality complementary and alternative medicine services by the
Department.
(C) Strategies that have been
used to reduce or eliminate such barriers and the results of such
strategies.
(D) The satisfaction of
administrators and clinicians regarding the integration of complementary and
alternative medicine services within the services provided by the
Department.
(E) The perception by
administrators and clinicians of the value of specific complementary and
alternative medicine services for inpatient and outpatient veteran
populations.
(c)
Discharge by
contract
The Secretary shall
enter into a contract with a qualified independent entity or organization to
carry out the studies required by this section.
(d)
Mandatory review of
data by the National Research Advisory Council
(1)
In
general
The Secretary shall ensure that the head of the National
Research Advisory Council reviews the results of the studies conducted under
this section.
(2)
Submittal of
findings
The head of the National Research Advisory Council shall
submit findings with respect to the studies to the Under Secretary for Health
and to other pertinent program offices within the Department with
responsibilities relating to health care services for veterans.
(e)
Reports
(1)
Report on
implementation
Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report on the
status of the implementation of this section.
(2)
Report on
study
(A)
In
general
Not later than 45 days after the date of the completion
of the study, the Secretary shall submit to Congress a report on the study
required by subsection (a).
(B)
Contents
The
report required by subparagraph (A) shall include the following:
(i) Recommendations for such
administrative and legislative proposals and actions as the Secretary considers
appropriate.
(ii) The findings of the head
of the National Research Advisory Council and of the Under Secretary for
Health.
(f)
Authorization of
appropriations
There is authorized to be appropriated for fiscal
year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this
section.
(g)
Complementary and
alternative medicine defined
In this section, the term
complementary and alternative medicine shall have the meaning
given that term in section 321(e) of this Act.
324.
Program on use of
wellness programs as complementary approach to mental health care for veterans
and family members of veterans
(a)
Program
required
(1)
In
general
The Secretary of Veterans Affairs shall carry out a
program through the award of grants to public or private nonprofit entities to
assess the feasibility and advisability of using wellness programs to
complement the provision of mental health care to veterans and family members
eligible for counseling under section 1712A(a)(1)(C) of title 38, United States
Code.
(2)
Matters to be
addressed
The program shall be carried out so as to assess the
following:
(A) Means of improving
coordination between Federal, State, local, and community providers of health
care in the provision of mental health care to veterans and family members
described in paragraph (1).
(B) Means of enhancing
outreach, and coordination of outreach, by and among providers of health care
referred to in subparagraph (A) on the mental health care services available to
veterans and family members described in paragraph (1).
(C) Means of using wellness
programs of providers of health care referred to in subparagraph (A) as
complements to the provision by the Department of Veterans Affairs of mental
health care to veterans and family members described in paragraph (1).
(D) Whether wellness programs
described in subparagraph (C) are effective in enhancing the quality of life
and well-being of veterans and family members described in paragraph
(1).
(E) Whether wellness programs
described in subparagraph (C) are effective in increasing the adherence of
veterans described in paragraph (1) to the primary mental health services
provided such veterans by the Department.
(F) Whether wellness programs
described in subparagraph (C) have an impact on the sense of wellbeing of
veterans described in paragraph (1) who receive primary mental health services
from the Department.
(G) Whether wellness programs
described in subparagraph (C) are effective in encouraging veterans receiving
health care from the Department to adopt a more healthy lifestyle.
(b)
Duration
The
Secretary shall carry out the program for a period of three years beginning on
the date that is one year after the date of the enactment of this Act.
(c)
Locations
The
Secretary shall carry out the program at facilities of the Department providing
mental health care services to veterans and family members described in
subsection (a)(1).
(d)
Grant
proposals
(1)
In
general
A public or private nonprofit entity seeking the award of
a grant under this section shall submit an application therefor to the
Secretary in such form and in such manner as the Secretary may require.
(2)
Application
contents
Each application submitted under paragraph (1) shall
include the following:
(A) A plan to coordinate
activities under the program, to the extent possible, with the Federal, State,
and local providers of services for veterans to enhance the following:
(i) Awareness by veterans of
benefits and health care services provided by the Department.
(ii) Outreach efforts to
increase the use by veterans of services provided by the Department.
(iii) Educational efforts to
inform veterans of the benefits of a healthy and active lifestyle.
(B) A statement of
understanding from the entity submitting the application that, if selected,
such entity will be required to report to the Secretary periodically on
standardized data and other performance data necessary to evaluate individual
outcomes and to facilitate evaluations among entities participating in the
program.
(C) Other requirements that
the Secretary may prescribe.
(e)
Grant uses
(1)
In
general
A public or private nonprofit entity awarded a grant
under this section shall use the award for purposes prescribed by the
Secretary.
(2)
Eligible veterans and
family
In carrying out the purposes prescribed by the Secretary
in paragraph (1), a public or private nonprofit entity awarded a grant under
this section shall use the award to furnish services only to individuals
specified in section 1712A(a)(1)(C) of title 38, United States Code.
(f)
Reports
(1)
Periodic
reports
(A)
In
general
Not later than 180 days after the date of the
commencement of the program, and every 180 days thereafter, the Secretary shall
submit to Congress a report on the program.
(B)
Report
elements
Each report required by subparagraph (A) shall include
the following:
(i) The findings and
conclusions of the Secretary with respect to the program during the 180-day
period preceding the report.
(ii) An assessment of the
benefits of the program to veterans and their family members during the 180-day
period preceding the report.
(2)
Final
report
Not later than 180 days after the end of the program, the
Secretary shall submit to Congress a report detailing the recommendations of
the Secretary as to the advisability of continuing or expanding the
program.
(g)
Wellness
defined
In this section, the term wellness has the
meaning given that term in regulations prescribed by the Secretary.
IV
Accountability and
Administrative Improvements
401.
Administration
of Veterans Integrated Service Networks
(a)
Veterans Integrated
Service Networks
(1)
In
general
Subchapter I of chapter 73 is amended by adding at the
end the following new section:
7310.
Veterans Integrated
Service Networks
(a)
Organization
(1) The Secretary shall
organize the Veterans Health Administration in geographically defined Veterans
Integrated Service Networks.
(2) Each Veterans Integrated
Service Network shall be organized in consideration of the following:
(A) The size of the veteran
population of the region of the network.
(B) The complexity of the
medical needs of the veterans in such region.
(C) Patient referral
patterns.
(D) The availability of a
full continuum of health care services.
(E) The ability of the
Department to furnish health care efficiently.
(F) Partnerships with
non-Department health care entities.
(b)
Staffing
model
(1) The
Secretary shall establish a staffing model for each Veterans Integrated Service
Network that—
(A) is appropriate for the
mission and responsibilities of the Veterans Integrated Service Network;
and
(B) accounts for the specific
health care needs of differing populations in the Veterans Integrated Service
Network.
(2) The Secretary shall
ensure that each Veterans Integrated Service Network complies with the staffing
model established by the Secretary under paragraph (1) for such Veterans
Integrated Service Network.
(c)
Integrated health care
system
The Secretary shall ensure that each Veterans Integrated
Service Network maintains a regional integrated healthcare system by—
(1) implementing alliances
with such other governmental, public, and private health care organizations and
practitioners as the Secretary considers appropriate to meet the needs of
veterans in the Network;
(2) providing oversight and
management of, and taking responsibility for, a regional budget for the
activities of the Veterans Health Administration in the geographic area of the
Network that is—
(A) aligned with the budget
guidelines of the Department and the Veterans Health Administration;
(B) balanced at the end of
each fiscal year; and
(C) sufficient to provide
high-quality health care to veterans within the region and to meet any unique
needs of the veterans of the region;
(3) using national metrics to
develop systems to provide effective, efficient, and safe delivery of health
care; and
(4) ensuring high-quality
clinical programs and services are rendered in and through—
(A) the medical centers and
outpatient clinics of the Department that are located in the Network;
and
(B) other non-Department
clinical or health care delivery settings located in the Network.
(d)
Reduction in duplicate
functions
The Secretary shall ensure that the Veterans Integrated
Service Networks identify and reduce, whenever practicable, the duplication of
functions in clinical, administrative, and operational processes and practices
of the Veterans Health Administration.
(e)
Collaboration and
cooperation
The Secretary shall ensure that each Veterans
Integrated Service Network—
(1) works to achieve maximum
effectiveness in patient care and safety, graduate medical education, and
research; and
(2) assesses the
consolidation or realignment of institutional functions, including capital
asset, safety, and operational support functions, in collaboration and
cooperation with other Veterans Integrated Service Networks and the following
offices or entities within the geographical area of the Network:
(A) The offices of the
Veterans Benefits Administration and the National Cemetery
Administration.
(B) The offices,
installations, and facilities of the Department of Defense, including the
offices, installations, and facilities of each branch of the Armed Forces and
the reserve components of the Armed Forces.
(C) The offices,
installations, and facilities of the Coast Guard.
(D) Offices of State and
local agencies that have a mission to provide assistance to veterans.
(E) Medical schools and other
affiliates.
(F) Offices of Congress,
offices of State and local elected officials, and other government
offices.
(G) Federal, State, and local
emergency preparedness organizations.
(H) Community and nonprofit
organizations.
(I) Such other entities of
the Federal Government as the Secretary considers appropriate.
(f)
Headquarters
(1) The Secretary shall
ensure that each Veterans Integrated Service Network has only one headquarters
office.
(2) The location of a
headquarters office for a Veterans Integrated Service Network shall be
determined by the Secretary and co-located with a Department of Veterans
Affairs medical center.
(3)
(A) The Secretary may
employ or contract for the services of such full time equivalent employees and
contractors at the headquarters of each Veterans Integrated Service Network as
the Secretary considers appropriate in accordance with the staffing models
established under subsection (b).
(B) Not later than December
31 each year, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on employment at the headquarters of Veterans
Integrated Service Networks during the most recently completed fiscal
year.
(C) Each report submitted
under subparagraph (B) shall include the following for the year covered by the
report:
(i) The number of individuals
employed at each headquarters of a Veterans Integrated Service Network.
(ii) The number of
individuals employed by the Veterans Health Administration in each Veterans
Integrated Service Network who are not employed at the same location as the
headquarters of the Network.
(iii) The title for each
position of employment at a headquarters of a Veterans Integrated Service
Network.
(iv) The title for each
position of employment with the Veterans Health Administration in each Veterans
Integrated Service Network that is not at the same location as the headquarters
of the Network.
(v) An
assessment of the impact on the budget of the Department by the employment of
individuals at the headquarters of the Veterans Integrated Service
Networks.
(g)
Triennial structure
review, reassessment, and report
(1) Beginning three years
after the date of the enactment of this section and not less frequently than
once every three years thereafter, the Secretary shall conduct a review and
assessment of the structure and operations of the Veterans Integrated Service
Networks in order to identify recommendations—
(A) for streamlining
and reducing costs associated with the operation of each headquarters of a
Veterans Integrated Service Network; and
(B) for reducing costs of
health care within the Veterans Health Administration.
(2) Not later than 180 days
after conducting a review and assessment under paragraph (1), the Secretary
shall submit to the Committee of Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report on such
review and assessment, which shall include such recommendations for legislative
or administrative action as the Secretary considers appropriate to improve the
Veterans Integrated Service
Networks.
.
(2)
Clerical
amendment
The table of sections at the beginning of chapter 73 is
amended by inserting after the item relating to section 7309 the following new
item:
7310. Veterans Integrated
Service
Networks.
.
(b)
Relocation of
headquarters
(1)
In
general
In the case of a headquarters office of a Veterans
Integrated Service Network that on the day before the date of the enactment of
this Act was in a location that was not co-located with a Department of
Veterans Affairs medical center and the Secretary is engaged in a lease for
such location, the Secretary may—
(A) relocate such
headquarters upon the expiration of such lease so that such headquarters is
co-located as required by section 7310(f)(2) of title 38, United States Code
(as added by subsection (a)(1)); or
(B) notwithstanding such
section 7310(f)(2) (as so added), renew such lease or enter into a new lease to
keep such headquarters in such location.
(2)
Report
If
the Secretary renews a lease or engages in a new lease under paragraph (1)(B),
the Secretary shall submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of Representatives, before
renewing such lease or engaging in such lease, a report describing the reasons
for such renewal or engagement. Such report shall include the following:
(A) A list of Department of
Veterans Affairs medical centers in the Veterans Integrated Service Network of
the headquarters with underutilized buildings, the number of such buildings,
and the total underutilized square footage for each such medical center.
(B) The cost of the current
lease (the annual amount of rent, the total cost over the life of the lease,
and the total cost per square foot) and the current square footage being
leased.
(C) The cost of the new lease
(the annual amount of rent, the total cost over the life of the lease, and the
total cost per square foot) and the square footage to be leased.
(c)
Construction
Nothing in this section shall be construed
to require any change in the location or type of medical care or service
provided by a Department of Veterans Affairs medical center, a Department
community based outpatient clinic, a center for readjustment counseling and
related mental health services for veterans under section 1712A of title 38,
United States Code (known as a vet center), or other facility
that provides direct care or services under a law administered by the Secretary
of Veterans Affairs.
(d)
Effective
date
This section, and the amendments made by this section, shall
take effect on the date that is one year after the date of the enactment of
this Act.
402.
Regional
support centers for Veterans Integrated Service Networks
(a)
In
general
Subchapter I of chapter 73, as amended by section
401(a)(1) of this Act, is further amended by adding at the end the following
new section:
7310A.
Regional support
centers for Veterans Integrated Service Networks
(a)
Establishment
The
Secretary shall establish not more than four regional support centers within
the Veterans Health Administration to assess the effectiveness and efficiency
of the Veterans Integrated Service Networks. The head of each regional support
center shall report to the Under Secretary of Health.
(b)
Functions
The
functions of the regional support centers established under subsection (a) are
as follows:
(1) To assess the quality of
work performed within finance operations and other compliance related
activities of the Veterans Integrated Service Networks.
(2) To assess how effectively
and efficiently each Veterans Integrated Service Network conducts outreach to
veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom,
Operation New Dawn, or any other contingency operation (as that term is defined
in section 101 of title 10).
(3) To assess how effectively
and efficiently each Veterans Integrated Service Network conducts programs for
the benefit of women veterans.
(4) To assess how effectively
and efficiently each Veterans Integrated Service Network conducts programs that
address homelessness among veterans.
(5) To assess how effectively
and efficiently each Veterans Integrated Service Network consumes
energy.
(6) To assess such other
matters concerning the operations and activities of the Veterans Integrated
Service Networks as the Secretary considers appropriate.
(c)
Staff
The
Secretary may hire such employees and contractors as the Secretary considers
appropriate to carry out the functions of the regional support centers.
(d)
Location of regional
support centers
(1) Except as provided in
paragraph (2), the location of each regional support center established under
subsection (a) shall be determined by the Secretary and co-located with a
medical center of the Department.
(2) The Secretary may choose
a location for a regional support center established under subsection (a) that
is not co-located with a medical center of the Department if the Secretary
submits to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives, before entering into a
contract for a location that is not co-located with a medical center, a report
describing the reasons for choosing a location for the regional support center
that is not co-located with a medical center of the Department. Such report
shall include the following:
(A) A list of medical centers
of the Department in the Veterans Integrated Service Network of the regional
support center with underutilized buildings, the number of all Veterans Health
Administration buildings in such Network, and the total underutilized square
footage for each medical center of the Department in such Network.
(B) The estimated cost of
such lease (the annual amount of rent, the total cost over the life of the
lease, and the total cost per square foot) and the square footage to be
leased.
.
(b)
Initial
staffing
In providing for the initial staff of each regional
support center established under section 7310A(a) of title 38, United States
Code, as added by subsection (a), the Secretary of Veterans Affairs shall, to
the degree practicable, transfer employees from headquarters of Veterans
Integrated Service Networks to regional support centers who were employed in
positions at such headquarters that covered functions similar to those
described in section 7310A(b) of such title, as so added.
(c)
Clerical
amendment
The table of sections at the beginning of chapter 73,
as amended by section 401(a)(2) of this Act, is further amended by inserting
after the item relating to section 7310 the following new item:
7310A. Regional support centers
for Veterans Integrated Service
Networks.
.
(d)
Construction
Nothing in this section shall be construed
to require any change in the location or type of medical care or service
provided by a Department of Veterans Affairs medical center, a Department
community based outpatient clinic, a center for readjustment counseling and
related mental health services for veterans under section 1712A of title 38,
United States Code (known as a vet center), or other facility
that provides direct care or services under a law administered by the Secretary
of Veterans Affairs.
(e)
Effective
date
This section, and the
amendments made by this section, shall take effect on the date that is one year
after the date of the enactment of this Act.
403.
Commission on Capital
Planning for Department of Veterans Affairs Medical Facilities
(a)
Establishment of
commission
(1)
Establishment
There
is established the Commission on Capital Planning for Department of Veterans
Affairs Medical Facilities (in this section referred to as the
Commission).
(2)
Membership
(A)
Voting
members
The Commission shall, subject to subparagraph (B), be
composed of 10 voting members as follows:
(i) 1 shall be appointed by
the President.
(ii) 1 shall be appointed by
the Administrator of General Services.
(iii) 3 shall be appointed by
the Secretary of Veterans Affairs, of whom—
(I) 1 shall be an employee of
the Veterans Health Administration;
(II) 1 shall be an employee
of the Office of Asset Enterprise Management of the Department of Veterans
Affairs; and
(III) 1 shall be an employee
of the Office of Construction and Facilities Management of the Department of
Veterans Affairs.
(iv) 1 shall be
appointed by the Secretary of Defense from among employees of the Army Corps of
Engineers.
(v) 1 shall be appointed by
the majority leader of the Senate.
(vi) 1 shall be appointed by
the minority leader of the Senate.
(vii) 1 shall be appointed by
the Speaker of the House of Representatives.
(viii) 1 shall be appointed
by the minority leader of the House of Representatives.
(B)
Requirement
relating to certain appointments of voting members
Of the members
appointed pursuant to clause (i), (ii), and (iv) through (viii) of subparagraph
(A), all shall have expertise in capital leasing, construction, or health
facility management planning.
(C)
Non-voting
members
The Commission shall be assisted by 10 non-voting
members, appointed by the vote of a majority of members of the Commission under
subparagraph (A), of whom—
(i) 6 shall be
representatives of veterans service organizations recognized by the Secretary
of Veterans Affairs; and
(ii) 4 shall be individuals
from outside the Department of Veterans Affairs with experience and expertise
in matters relating to management, construction, and leasing of capital
assets.
(D)
Date of appointment of
voting members
The appointments of the members of the Commission
under subparagraph (A) shall be made not later than 60 days after the date of
the enactment of this Act.
(3)
Period of appointment;
vacancies
Members shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appointment.
(4)
Initial
meeting
Not later than 15 days after the date on which 7 members
of the Commission have been appointed, the Commission shall hold its first
meeting.
(5)
Meetings
The
Commission shall meet at the call of the Chair.
(6)
Quorum
A
majority of the members of the Commission shall constitute a quorum, but a
lesser number of members may hold hearings.
(7)
Chair and vice
chair
The Commission shall select a Chair and Vice Chair from
among its members.
(b)
Duties of
commission
(1)
In
general
The Commission shall undertake a comprehensive evaluation
and assessment of various options for capital planning for Department of
Veterans Affairs medical facilities, including an evaluation and assessment of
the mechanisms by which the Department currently selects means for the delivery
of health care, whether by major construction, major medical facility leases,
sharing agreements with the Department of Defense, the Indian Health Service,
and Federally Qualified Health Clinics under section 330 of the Public Health
Service Act (42 U.S.C. 254b), contract care, multisite care, telemedicine,
extended hours for care, or other means.
(2)
Context of evaluation
and assessment
In undertaking the evaluation and assessment, the
Commission shall consider—
(A) the importance of access
to health care through the Department, including associated guidelines of the
Department on access to, and drive time for, health care;
(B) limitations and
requirements applicable to the construction and leasing of medical facilities
for the Department, including applicable laws, regulations, and costs as
determined by both the Congressional Budget Office and the Office of Management
and Budget;
(C) the nature of capital
planning for Department medical facilities in an era of fiscal
uncertainty;
(D) projected future
fluctuations in the population of veterans; and
(E) the extent to which the
Department was able to meet the mandates of the Capital Asset Realignment for
Enhanced Services Commission.
(3)
Particular
considerations
In undertaking the evaluation and assessment, the
Commission shall address, in particular, the following:
(A) The Major Medical
Facility Lease Program of the Department, including an identification of
potential improvements to the lease authorization processes under that
Program.
(B) The management processes
of the Department for its Major Medical Facility Construction Program,
including processes relating to contract award and management, project
management, and processing of change orders.
(C) The overall capital
planning program of the Department for medical facilities, including an
evaluation and assessment of—
(i) the manner in which the
Department determines whether to use capital or non-capital means to expand
access to health care;
(ii) the manner in which the
Department determines the disposition of under-utilized and un-utilized
buildings on campuses of Department medical centers, and any barriers to
disposition;
(iii) the effectiveness of
the facility master planning initiative of the Department; and
(iv) the extent to which
sustainable attributes are planned for to decrease operating costs for
Department medical facilities.
(D) The current backlog of
construction projects for Department medical facilities, including an
identification of the most effective means to quickly secure the most critical
repairs required, including repairs relating to facility condition
deficiencies, structural safety, and compliance with the Americans With
Disabilities Act of 1990.
(4)
Reports
Subject
to paragraph (5), the Commission shall submit to the Secretary of Veterans
Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives, reports as
follows:
(A) Not later than six months
after its initial meeting under subsection (a)(4), a report on the Major
Medical Facility Lease Program and the Congressional lease authorization
process.
(B) Not later than one year
after its initial meeting, a report—
(i) on the management
processes of the Department for the construction of Department medical
facilities; and
(ii) setting forth an update
of any matters covered in the report under subparagraph (A).
(C) Not later than 18 months
after its initial meeting, a report—
(i) on the overall capital
planning program of the Department for medical facilities; and
(ii) setting forth an update
of any matters covered in earlier reports under this paragraph.
(D) Not later than two years
after its initial meeting, a report—
(i) on the current backlog of
construction projects for Department medical facilities;
(ii) setting forth an update
of any matters covered in earlier reports under this paragraph; and
(iii) including such other
matters relating to the duties of the Commission that the Commission considers
appropriate.
(E) Not later than 27 months
after its initial meeting, a report on the implementation by the Secretary of
Veterans Affairs pursuant to subsection (g) of the recommendations included
pursuant to paragraph (5) in the reports under this paragraph.
(5)
Recommendations
Each
report under paragraph (4) shall include, for the aspect of the capital asset
planning process of the Department covered by such report, such recommendations
as the Commission considers appropriate for the improvement and enhancement of
such aspect of the capital asset planning process.
(c)
Powers of
commission
(1)
Hearings
The
Commission may hold such hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Commission considers advisable
to carry out this section.
(2)
Information from
Federal agencies
The Commission may secure directly from any
Federal department or agency such information as the Commission considers
necessary to carry out this section. Upon request of the Chair of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
(d)
Commission personnel
matters
(1)
Compensation of
members
Each member of the Commission who is not an officer or
employee of the Federal Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Commission. All members of the Commission who
are officers or employees of the United States shall serve without compensation
in addition to that received for their services as officers or employees of the
United States.
(2)
Travel
expenses
The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the Commission.
(3)
Staff
(A)
In
general
The Chair of the Commission may, without regard to the
civil service laws and regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an executive director shall
be subject to confirmation by the Commission.
(B)
Compensation
The
Chair of the Commission may fix the compensation of the executive director and
other personnel without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4)
Detail of government
employees
Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5)
Procurement of
temporary and intermittent services
The Chair of the Commission
may procure temporary and intermittent services under section 3109(b) of title
5, United States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(e)
Termination of
commission
The Commission
shall terminate 60 days after the date on which the Commission submits its
report under subsection (b)(4)(E).
(f)
Funding
The
Secretary of Veterans Affairs shall make available to the Commission such
amounts as the Secretary and the Chair of the Commission jointly consider
appropriate for the Commission to perform its duties under this section.
(g)
Action on
recommendations
(1)
In
general
The Secretary of Veterans Affairs shall implement each
recommendation included in a report under subsection (b)(4) that the Secretary
considers feasible and advisable and can be implemented without further
legislative action.
(2)
Reports
Not
later than 120 days after receipt of a report under subparagraphs (A) through
(D) of subsection (b)(4), the Secretary shall submit to the Committee Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report setting forth the following:
(A) An assessment of the
feasibility and advisability of each recommendation contained in such
report.
(B) For each recommendation
assessed as feasible and advisable—
(i) if such recommendation
does not require further legislative action for implementation, a description
of the actions taken, and to be taken, by the Secretary to implement such
recommendation; and
(ii) if such recommendation
requires further legislative action for implementation, recommendations for
such legislative action.
404.
Public access
to Department of Veterans Affairs research and data sharing between
Departments
(a)
Establishment of
Internet website
The
Secretary of Veterans Affairs shall make available on an Internet website of
the Department of Veterans Affairs available to the public the
following:
(1) Data files that contain information on
research of the Department.
(2) A data dictionary on each data file.
(3) Instructions for how to obtain access to
each data file for use in research.
(b)
Public access to
manuscripts on Department funded research
(1)
In
general
Beginning not later
than 540 days after the effective date specified in subsection (e), the
Secretary shall require, as a condition on the use of any data gathered or
formulated from research funded by the Department, that any final,
peer-reviewed manuscript prepared for publication that uses such data be
submitted to the Secretary for deposit in the digital archive under paragraph
(2) and publication under paragraph (3).
(2)
Digital
archive
Not later than 540 days after the effective date
specified in subsection (e), the Secretary shall—
(A) establish a digital
archive consisting of manuscripts described in paragraph (1); or
(B) partner with another
executive agency to compile such manuscripts in a digital archive.
(3)
Public
availability
(A)
Availability of
archive
The Secretary shall
ensure that the digital archive under paragraph (2) and the contents of such
archive are available to the public via a publicly accessible Internet website
at no cost to the public.
(B)
Availability of
manuscripts
The Secretary shall ensure that each manuscript
submitted to the Secretary under paragraph (1) is available to the public under
subparagraph (A) not later than one year after the official date on which the
manuscript is otherwise published.
(4)
Consistent with
copyright law
The Secretary
shall carry out this subsection in a manner consistent with applicable
copyright law.
(5)
Annual report
(A)
In
general
Not later than one
year after the date the Secretary begins making manuscripts available to the
public under this subsection and not less frequently than once each year
thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report on the implementation of this subsection during the
most recent one-year period.
(B)
Contents
Each
report submitted under subparagraph (A) shall include for the period of the
report:
(i) The number of manuscripts
submitted under paragraph (1).
(ii) The titles of such
manuscripts.
(iii) The authors of such
manuscripts.
(iv) For each such
manuscript, the name and issue number or volume number, as the case may be, of
the journal or other publication in which such manuscript was published.
(c)
Recommendations for
data sharing between Department of Veterans Affairs and Department of
Defense
Not later than one
year after the effective date specified in subsection (e), the Department of
Veterans Affairs-Department of Defense Joint Executive Committee established by
section 320(a) of title 38, United States Code, shall submit to the Secretary
of Veterans Affairs and the Secretary of Defense options and recommendations
for the establishment of a program for long-term cooperation and data sharing
between and within the Department of Veterans Affairs and the Department of
Defense to facilitate research on outcomes of military service, readjustment
after combat deployment, and other topics of importance to the
following:
(1) Veterans.
(2) Members of the Armed Forces.
(3) Family members of veterans.
(4) Family members of members of the Armed
Forces.
(5) Members of communities that have a
significant population of veterans or members of the Armed Forces.
(d)
Executive agency
defined
In this section, the term executive agency
has the meaning given that term in section 133 of title 41, United States
Code.
(e)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
405.
Budget
transparency for outreach activities of Department of Veterans Affairs
(a)
In
general
Chapter 63 is amended by inserting after section 6308 the
following new section:
6309.
Budget
transparency
(a)
Budget
requirements
In the budget justification materials submitted to
Congress in support of the Department budget for a fiscal year (as submitted
with the budget of the President under section 1105(a) of title 31), the
Secretary shall include a separate statement of the amount requested for such
fiscal year for activities of the Office of Public and Intergovernmental
Affairs as follows:
(1) For outreach activities
of the Department in aggregate.
(2) For outreach activities
of each element of the Department specified in subsection (b)(1).
(b)
Procedures for
effective coordination and collaboration
(1) Not later than 180 days
after the date of the enactment of the Veterans Health and Benefits Improvement Act of
2013, the Secretary shall establish and maintain procedures for
the Office of Public and Intergovernmental Affairs to ensure the effective
coordination and collaboration of outreach activities of the Department between
and among the following:
(A) Office of the
Secretary.
(B) Veterans Health
Administration.
(C) Veterans Benefits
Administration.
(D) National Cemetery
Administration.
(2) The Secretary
shall—
(A) beginning after the date
on which the Secretary establishes procedures under paragraph (1), not less
frequently than once every two years conduct a review of the procedures
established and maintained under paragraph (1) to ensure that such procedures
meet the requirements of such paragraph;
(B) make such modifications
to such procedures as the Secretary considers appropriate based upon reviews
conducted under subparagraph (A) in order to better meet such requirements;
and
(C) not later than 45 days
after completing a review under subparagraph (A), submit to Congress a report
on the findings of such
review.
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 63 is
amended by inserting after the item relating to section 6308 the following new
item:
6309. Budget
transparency.
.
406.
Comptroller
general report on advisory committees of the Department of Veterans
Affairs
(a)
In
general
Not later than one
year after the effective date specified in subsection (c), the Comptroller
General shall submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives a report on
the advisory committees of the Department of Veterans Affairs.
(b)
Contents
The
report required by subsection (a)—
(1) shall
include—
(A) recommendations
or proposals for continuing, modifying, or terminating certain advisory
committees, including noting areas of overlap and duplication among the
advisory committees; and
(B) such other
information as the Comptroller General considers appropriate; and
(2) may
include—
(A) a description of
each advisory committee, including with respect to each committee—
(i) the purpose of
the committee;
(ii) the
commencement date of the committee; and
(iii) the
anticipated termination date of the committee;
(B) a summary of the
anticipated expenses and the actual expenses incurred for each advisory
committee during the most recent three fiscal years ending before the date of
the enactment of this Act; and
(C) with respect to
meetings held by each advisory committee—
(i) the frequency
with which each committee has met during the shorter of—
(I) the most recent
three fiscal years ending before the date of the enactment of this Act;
and
(II) the life of the
committee;
(ii) the date of the
most recent meeting held by the committee before such date of enactment;
and
(iii) the date of
the most recent report or other written product developed by the committee
before such date of enactment.
(c)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
V
Improvement of Processing
of Claims for Compensation
A
Claims Based on Military
Sexual Trauma
501.
Medical examination
and opinion for disability compensation claims based on military sexual
trauma
(a)
In
general
Section 5103A(d) is
amended by adding at the end the following new paragraph:
(3)
(A) In the case of a claim
for disability compensation based on a mental health condition related to
military sexual trauma, the Secretary shall treat an examination or opinion as
being necessary to make a decision on a claim for purposes of paragraph (1) if
the evidence of record before the Secretary, taking into consideration all
information and lay or medical evidence (including statements of the
claimant)—
(i)
(I) contains competent
evidence that the claimant has a current disability, or persistent or recurrent
symptoms of disability; and
(II) indicates that the
disability or symptoms may be associated with the claimant’s active military,
naval, or air service; but
(ii) does not contain a
diagnosis or opinion by a mental health professional that may assist in
corroborating the occurrence of a military sexual trauma stressor related to a
diagnosable mental health condition.
(B) In this paragraph, the
term military sexual trauma shall have the meaning specified by
the Secretary for purposes of this paragraph, and shall include sexual
harassment (as so
specified).
.
(b)
Report
Not
later than 18 months after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of Representatives a
report on the number of examinations and opinions conducted by the Secretary
pursuant to paragraph (3) of section 5103A(d) of title 38, United States Code
(as added by subsection (a)), including the following:
(1) The number of
examinations conducted using a standardized disability assessment.
(2) The number of
examinations conducted using a non-standardized clinical interview.
502.
Case representative
officers for military sexual trauma support
(a)
In
general
The Secretary of Veterans Affairs shall assign to each
individual seeking compensation under the laws administered by the Secretary
based on military sexual trauma a case representative officer who shall provide
advice and general information to such individual on the claims process for
such compensation. Each case representative officer so assigned shall be
assigned from among current personnel of the Department of Veterans
Affairs.
(b)
Liaison
A
case representative officer assigned to an individual under subsection (a) shall be responsible
for serving as a liaison between the individual, an authorized agent or
attorney of the individual under section 5904 of title 38, United States Code,
or an otherwise accredited representative of the individual, and the Department
of Veterans Affairs on matters relating to the claim of the individual for
compensation under the laws administered by the Secretary.
(c)
Case representative
officer requirements
(1)
Competence and
knowledge
Each case representative officer assigned under
subsection (a) shall be competent and knowledgeable about the following:
(A) The claims adjudication
process and applicable laws, regulations, and other authority applicable to the
adjudication of disability claims based on military sexual trauma.
(B) Such other services to
victims of sexual trauma as the Secretary considers appropriate.
(2)
Limitation on number of
individuals to which assigned
A case representative officer may
not be assigned to more individuals described in subsection (a) than, as
determined by the Secretary, is appropriate for the provision of individual
case management assistance by such officer.
(d)
Information on benefits
and programs relating to military sexual trauma
(1)
In
general
The Secretary shall make available to the public
information on the availability of case representative officers under
subsection (a) to assist in the application for benefits based on military
sexual trauma. The Secretary shall revise and update the information so made
available in order to ensure that the information is as current as
possible.
(2)
Individuals separating
from military service
The Secretary shall, in consultation with
the Secretary of Defense, ensure that individuals who are being separated from
the active military, naval, or air service are provided appropriate information
about programs, requirements, and procedures for applying for benefits based on
military sexual trauma and the availability of case representative officers
under subsection (a).
(e)
Information on training
for agents and representatives of individuals assigned case representative
officer
The Secretary shall make available to the authorized
agent or attorney of an individual assigned a case representative under
subsection (a), or to the otherwise accredited representative of the
individual, any relevant materials used to train such case representative
officer for the duties of such position.
(f)
Advisory Committee on
Women Veterans consideration of mechanisms To enhance coordination between VBA
and VHA on benefits for military sexual trauma
The Advisory
Committee on Women Veterans established under section 542 of title 38, United
States Code, shall undertake actions to identify mechanisms to enhance
coordination between the Veterans Benefits Administration and the Veterans
Health Administration in the provision of benefits based on military sexual
trauma, including the identification of barriers to the appropriate provision
of benefits for military sexual trauma by such Administrations and of means of
eliminating or reducing such barriers.
(g)
Annual
reports
Not less frequently than annually, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House of Representatives a
report setting forth the following:
(1) A certification whether
or not the case representative officers assigned under subsection (a) during
the preceding year met the requirements specified in subsection (c).
(2) A description of the
current training the Secretary provides to employees of the Veterans Benefits
Administration on claims for benefits based on military sexual trauma,
including the frequency, length, and content of such training.
(3) A description of current
policies and procedures on the training the Secretary provides to case
representative officers, including the current position descriptions for case
representative officers.
(4) A description of current
efforts to coordinate activities and assistance provided to individuals who
seek care or benefits for military sexual trauma between the Veterans Health
Administration and Veterans Benefits Administration, including the efforts of
the Advisory Committee on Women Veterans under subsection (f).
(h)
Sunset
(1)
In
general
No case representative officer may be assigned under
subsection (a) after December 31, 2018.
(2)
Continuation of duties
after sunset date
Paragraph (1) shall not be construed to
prohibit any case representative officer assigned to an individual before the
date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was
assigned to such individual before that date.
(i)
Definitions
In
this section:
(1)
Active military, naval,
or air service
The term active military, naval, or air
service has the meaning given that term in section 101 of title 38,
United States Code.
(2)
Military sexual
trauma
The term military sexual trauma shall have
the meaning specified by the Secretary for purposes of this section, and shall
include sexual harassment (as so specified).
503.
Report on standard of
proof for service-connection of mental health conditions related to military
sexual trauma
(a)
In
general
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the
House of Representatives a report on the current standard of proof for
service-connection under chapter 11 of title 38, United States Code, for
covered mental health conditions based on military sexual trauma.
(b)
Recommendations
The
Secretary shall include in the report under subsection (a) any recommendations
the Secretary considers appropriate to improve the adjudication of claims for
compensation based on military sexual trauma, including—
(1) recommendations for an
appropriate standard of proof for such claims if the Secretary considers such
recommendations advisable; and
(2) recommendations for
legislative action, if necessary, to carry out such improvement.
(c)
Definitions
In this section:
(1)
Active military, naval,
or air service
The term active military, naval, or air
service has the meaning given that term in section 101 of title 38,
United States Code.
(2)
Covered mental health
condition
The term
covered mental health condition means post-traumatic stress
disorder, anxiety, depression, or other mental health diagnosis that the
Secretary determines to be related to military sexual trauma.
(3)
Military sexual
trauma
The term
military sexual trauma shall have the meaning specified by the
Secretary for purposes of this section, and shall include sexual
harassment (as so specified).
504.
Reports on claims for
disabilities incurred or aggravated by military sexual trauma
(a)
Reports
Not later than December 1, 2014, and each
year thereafter through 2018, the Secretary of Veterans Affairs shall submit to
Congress a report on the covered claims submitted to the Secretary during the
previous fiscal year.
(b)
Elements
Each report under subsection (a) shall
include the following:
(1) The number of covered claims submitted to
or considered by the Secretary during the fiscal year covered by the
report.
(2) Of the covered claims
under paragraph (1), the number and percentage of such claims—
(A) submitted by each gender;
(B) that were approved, including the number
and percentage of such approved claims submitted by each gender; and
(C) that were denied, including the number and
percentage of such denied claims submitted by each gender.
(3) Of the covered claims under paragraph (1)
that were approved, the number and percentage, listed by each gender, of claims
assigned to each rating percentage of disability.
(4) Of the covered claims
under paragraph (1) that were denied—
(A) the three most common
reasons given by the Secretary under section 5104(b)(1) of title 38, United
States Code, for such denials; and
(B) the number of denials
that were based on the failure of a veteran to report for a medical
examination.
(5) Of the covered claims
under paragraph (1) that were resubmitted to the Secretary after denial in a
previous adjudication—
(A) the number of such claims
submitted to or considered by the Secretary during the fiscal year covered by
the report;
(B) the number and percentage
of such claims—
(i) submitted by each
gender;
(ii) that were approved,
including the number and percentage of such approved claims submitted by each
gender; and
(iii) that were denied,
including the number and percentage of such denied claims submitted by each
gender;
(C) the number and
percentage, listed by each gender, of claims assigned to each rating percentage
of disability; and
(D) of such claims that were
again denied—
(i) the three most common
reasons given by the Secretary under section 5104(b)(1) of such title for such
denials; and
(ii) the number of denials
that were based on the failure of a veteran to report for a medical
examination.
(6) The number of covered
claims that, as of the end of the fiscal year covered by the report, are
pending and, separately, the number of such claims on appeal.
(7) For the fiscal year
covered by the report, the average number of days that covered claims take to
complete beginning on the date on which the claim is submitted.
(c)
Definitions
In this section:
(1)
Active military, naval,
or air service
The term active military, naval, or air
service has the meaning given that term in section 101 of title 38,
United States Code.
(2)
Covered
claims
The term covered
claims means claims for disability compensation submitted to the
Secretary based on post traumatic stress disorder alleged to have been incurred
or aggravated by military sexual trauma.
(3)
Military sexual
trauma
The term military sexual trauma shall have
the meaning specified by the Secretary for purposes of this section, and shall
include sexual harassment (as so specified).
B
Agency of Original
Jurisdiction
511.
Working group to
improve employee work credit and work management systems of Veterans Benefits
Administration in an electronic environment
(a)
Establishment
Not
later than 90 days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall establish a working group to assess and develop
recommendations for the improvement of the employee work credit and work
management systems of the Veterans Benefits Administration in an electronic
environment.
(b)
Composition
The
working group shall be composed of the following:
(1) The Secretary or the
Secretary's designee.
(2) Individuals selected by
the Secretary from among employees of the Department of Veterans Affairs who
handle claims for compensation and pension benefits and are recommended to the
Secretary by a labor organization for purposes of this section, including at
least one of each of the following individuals:
(A) A veterans service
representative.
(B) A rating veterans service
representative.
(C) A decision review
officer.
(3) Not fewer than three
individuals selected by the Secretary to represent different organizations
recognized by the Secretary for the representation of veterans under section
5902 of title 38, United States Code.
(4) Individuals selected by
the Secretary—
(A) that are not
employees of the Department; and
(B) that are experts in work
credit and work management systems.
(c)
Duties
The
duties of the working group are to assess and develop recommendations for the
following:
(1) The improvement of the
employee work credit and work management systems of the Veterans Benefits
Administration in an electronic environment.
(2) A scientific, data based
methodology to be used in revising the employee work credit system of the
Department to improve the quality and quantity of work produced by employees of
the Department.
(3) The improvement of the
resource allocation model of the Veterans Benefits Administration, with a focus
on the processing of claims in an electronic environment.
(4) A schedule by which the
revisions referred to in paragraph (2) will be implemented by the
Department.
(d)
Review and
incorporation of findings from prior study
In carrying out its
duties under subsection (c), the working group shall review the findings and
conclusions of previous studies of the employee work credit and work management
systems of the Veterans Benefits Administration.
(e)
Role of the
Secretary
The Secretary shall consider the recommendations of the
working group and implement such recommendations as the Secretary determines
appropriate.
(f)
Reports
(1)
Interim
report
Not later than 180 days after the date of the
establishment of the working group, the working group shall submit to Congress
a report on the progress of the working group.
(2)
Final
report
Not later than one year after the date of the
establishment of the working group, the Secretary shall submit to Congress the
methodology described in subsection (c)(2) and the schedule described in
subsection (c)(4) that the Secretary has decided to implement pursuant to
subsection (e).
(g)
Implementation of
methodology and schedule
After submitting the report under
subsection (f), the Secretary shall take such actions as may be necessary to
apply the methodology described in subsection (c)(2) and the schedule described
in subsection (c)(4) that the Secretary has decided to implement pursuant to
subsection (e).
512.
Task force on
retention and training of Department of Veterans Affairs claims processors and
adjudicators
(a)
Establishment
The Secretary of Veterans Affairs shall
establish a task force to assess retention and training of claims processors
and adjudicators that are employed by the Department of Veterans Affairs and
other departments and agencies of the Federal Government.
(b)
Composition
The
task force shall be composed of the following:
(1) The Secretary of Veterans
Affairs or designee.
(2) The Director of the
Office of Personnel Management or designee.
(3) The Commissioner of
Social Security or designee.
(4) An individual selected by
the Secretary of Veterans Affairs who represents an organization recognized by
the Secretary for the representation of veterans under section 5902 of title
38, United States Code.
(5) Such other individuals
selected by the Secretary who represent such other organizations and
institutions as the Secretary considers appropriate.
(c)
Duration
The
task force established under subsection (a) shall terminate not later than two
years after the date on which the task force is established under such
subsection.
(d)
Duties
The
duties of the task force are as follows:
(1) To identify key skills
required by claims processors and adjudicators to perform the duties of claims
processors and adjudicators in the various claims processing and adjudication
positions throughout the Federal Government.
(2) To identify reasons for
employee attrition from claims processing positions.
(3) To coordinate with
educational institutions to develop training and programs of education for
members of the Armed Forces to prepare such members for employment in claims
processing and adjudication positions in the Federal Government.
(4) To identify and
coordinate offices of the Department of Defense and the Department of Veterans
Affairs located throughout the United States to provide information about, and
promotion of, available claims processing positions to members of the Armed
Forces transitioning to civilian life and to veterans with disabilities.
(5) To establish performance
measures to evaluate the effectiveness of the task force.
(6) Not later than one year
after the date of the establishment of the task force, to develop a
Government-wide strategic and operational plan for promoting employment of
veterans in claims processing positions in the Federal Government.
(7) To establish performance
measures to assess the plan developed under paragraph (6), to assess the
implementation of such plan, and to revise such plan as the task force
considers appropriate.
(e)
Reports
(1)
Submittal of
plan
Not later than one year after the date of the establishment
of the task force, the Secretary of Veterans Affairs shall submit to Congress a
report on the plan developed by the task force under subsection (d)(6).
(2)
Assessment of
implementation
Not later than 120 days after the termination of
the task force, the Secretary shall submit to Congress a report that assesses
the implementation of the plan developed by the task force under subsection
(d)(6).
513.
Reports on
requests by the Department of Veterans Affairs for records of other Federal
agencies
(a)
Reports
required
Not later than 180
days after the date of the enactment of this Act, and every 180 days thereafter
through the date that is 910 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the attempts of the Department of Veterans Affairs
to obtain records necessary to adjudicate claims for benefits from another
department or agency of the Federal Government during the 180-day period ending
on the date of such report.
(b)
Elements
(1)
In
general
Each report shall set
forth the following:
(A) For the period covered by such report, the
following:
(i) The total number
of requests made by the Department.
(ii) The types of
records requested.
(iii) The number of
requests made before the receipt of each record.
(iv) The amount of
time between the initial request for each record and the receipt of each
record.
(v) The number of
occurrences of the receipt of a record after the adjudication of the claim for
which the record was sought.
(vi) A description
of the efforts of the Secretary to expedite the delivery of records to the
Department from other departments and agencies of the Federal
Government.
(B) Such
recommendations for legislative or administrative action as the Secretary
considers appropriate in light of such report.
(2)
Presentation
The
information in a report under clause (i) through (v) of paragraph (1)(A) shall
be set forth separately for each department and agency of the Federal
Government covered by such report.
514.
Recognition
of representatives of Indian tribes in the preparation, presentation, and
prosecution of claims under laws administered by the Secretary of Veterans
Affairs
Section 5902(a)(1) is
amended by inserting , including Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)) after as the Secretary may approve.
515.
Program on
participation of local and tribal governments in improving quality of claims
for disability compensation submitted to Department of Veterans
Affairs
(a)
Program
required
The Secretary of Veterans Affairs shall carry out a
program to assess the feasibility and advisability of entering into memoranda
of understanding with local governments and tribal organizations—
(1) to improve the quality of
claims submitted to the Secretary for compensation under chapter 11 of title
38, United States Code, and pension under chapter 15 of such title; and
(2) to provide assistance to
veterans who may be eligible for such compensation or pension in submitting
such claims.
(b)
Minimum number of
participating tribal organizations
In carrying out the program
required by subsection (a), the Secretary shall enter into, or maintain
existing, memoranda of understanding with at least—
(1) two tribal organizations;
and
(2) 10 State or local
governments.
(c)
Duration
The
program shall be carried out during the two-year period beginning on the date
of the commencement of the program.
(d)
Report
(1)
Initial
report
Not later than one year after the date of the commencement
of the program, the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report that includes the following:
(A) A description of
the implementation and operation of the program, including a description of
outreach conducted by the Secretary to tribal organizations and State and local
governments.
(B) An evaluation of
the program, including the total number of memoranda of understanding entered
into or maintained by the Secretary.
(2)
Final
report
Not later than 180 days after the termination of the
program, the Secretary shall submit to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report that includes the following:
(A) A description of
the implementation and operation of the program, including a description of
outreach conducted by the Secretary to tribal organizations and State and local
governments.
(B) An evaluation of the
program, including the total number of memoranda of understanding entered into
or maintained by the Secretary.
(C) The findings and
conclusions of the Secretary with respect to the program.
(D) Such
recommendations for continuation or expansion of the program as the Secretary
considers appropriate.
(e)
Tribal
organization defined
In this section, the term tribal
organization has the meaning given that term in section 3765 of title
38, United States Code.
516.
Quarterly
reports on progress of Department of Veterans Affairs in eliminating backlog of
claims for compensation that have not been adjudicated
(a)
In
general
Not later than 90
days after the date of the enactment of this Act and not less frequently than
quarterly thereafter through calendar year 2015, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a report on
the backlog of claims filed with the Department of Veterans Affairs for
compensation that have not been adjudicated by the Department.
(b)
Contents
Each
report submitted under subsection (a) shall include the following:
(1) For each month through
calendar year 2015, a projection of the following:
(A) The number of claims
completed.
(B) The number of claims
received.
(C) The number of claims on
backlog at the end of the month.
(D) The number of claims
pending at the end of the month.
(E) The number of appeals
pending at the end of the month.
(F) A description of the
status of the implementation of initiatives carried out by the Secretary to
address the backlog, including the expected impact of those initiatives on
accuracy and timeliness of adjudication of claims.
(2) For each quarter through
calendar year 2015, a projection of the average accuracy of disability
determinations for compensation claims that require a disability rating (or
disability decision).
(3) For each month during the
most recently completed quarter, the following:
(A) The number of claims
completed.
(B) The number of claims
received.
(C) The number of claims on
backlog at the end of the month.
(D) The number of claims
pending at the end of the month.
(E) The number of appeals
pending at the end of the month.
(F) A description of
the status of the implementation of initiatives carried out by the Secretary to
address the backlog, including the impact of those initiatives on accuracy and
timeliness of adjudication of claims.
(G) An assessment of
the accuracy of disability determinations for compensation claims that require
a disability rating (or disability decision).
(4) For the most recently
completed quarter—
(A) the number of
cases physically received at the Board of Veterans’ Appeals and
docketed;
(B) the number of
cases pending at the Board of Veterans’ Appeals at the end of the
quarter;
(C) the number of
cases physically at the Board of Veterans’ Appeals at the end of the
quarter;
(D) the number of
notices of disagreement and appeals filed to the agency of original
jurisdiction referred to in section 7105(b)(1) of title 38, United States Code;
and
(E) the number of
decisions made by the Board of Veterans’ Appeals and the percentage of such
decisions that were allowed, remanded, denied, or otherwise disposed of.
(c)
Availability to
public
The Secretary shall make each report submitted under
subsection (a) available to the public.
(d)
On backlog and pending
defined
In this section, the terms on backlog and
pending, with respect to a claim for compensation received by the
Secretary, shall have the meaning specified by the Secretary for purposes of
this section.
517.
Reports on
use of existing authorities to expedite benefits decisions
(a)
Report on current use
of temporary, intermediate, and provisional rating decisions
(1)
Report
required
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the
House of Representatives a report on the use of temporary, intermediate, and
provisional rating decisions to expedite the benefits decisions of the
Department of Veterans Affairs.
(2)
Report
elements
The report required by paragraph (1) shall include the
following:
(A) With respect to temporary
and intermediate rating decisions, the following:
(i) The number of temporary
and intermediate rating decisions issued by the Department during each of
fiscal years 2011, 2012, and 2013.
(ii) A description of any
reasons or obstacles that prevent use of existing authorities to issue
temporary or intermediate rating decisions.
(iii) A description of the
Quick Pay Disability initiative, including the rationale for not expanding the
initiative beyond pilot program status.
(B) With respect to
provisional rating decisions, the following:
(i) The number of provisional
rating decisions issued by the Department during the oldest claims first
initiative.
(ii) Of the provisional
rating decisions issued during the oldest claims first initiative—
(I) the number of such
decisions that involved a claim granted;
(II) the number of such
decisions that involved a claim denied; and
(III) the number of such
decisions that involved a claim granted in part or a claim denied in
part.
(iii) A statement of the most
common reasons claims were not granted earlier under the oldest claims first
initiative when there was sufficient evidence to render an award of benefits in
the provisional rating decision.
(iv) The average number of
days to issue a provisional rating decision under the oldest claims first
initiative.
(v) Of the total number of
decisions that were completed under the oldest claims first initiative—
(I) the number that were
Category 1 claims and received a final rating decision; and
(II) the number that were
Category 2 claims and received a provisional rating decision.
(vi) The number of rating
decisions issued during the oldest claims first imitative that involved a
brokered claim, set forth by number of such claims by Regional Office of the
Department, including—
(I) the number of brokered
claims received by each Regional Office; and
(II) the number of brokered
claims issued by each Regional Office.
(vii) The number of
provisional rating decisions issued during the oldest claims first initiative
with respect to which the veteran requested that the provisional decision
become final in order to appeal.
(viii) The number of
provisional rating decisions issued during the oldest claims first initiative
with respect to which the veteran requested an appeal after the expiration of
the 1-year period beginning on the date of notification of the provisional
rating decision.
(ix) An assessment of the
accuracy of provisional rating decisions issued during the oldest claims first
initiative, set forth by Category 1 claims and Category 2 claims.
(C) Such other matters as the
Secretary considers appropriate for purposes of the report.
(3)
Supplemental
information
If the Secretary continues to obtain information on
rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the
date of the submittal of the report required by paragraph (1), the Secretary
shall submit to the committees of Congress referred to in paragraph (1) a
report on such information that supplements the information on such clauses in
the report under paragraph (1) when the Secretary completes accumulation of
such information.
(b)
Plan for increase in
use of temporary or intermediate rating decisions
(1)
Report on plan
required
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs
of the Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report setting forth a plan to increase the use of temporary
or intermediate rating decisions to expedite benefit decisions of the
Department when the record contains sufficient evidence to grant any claim at
issue, including service connection.
(2)
Plan
elements
The plan required under paragraph (1) shall include the
following:
(A) Mechanisms to overcome
obstacles to the use of temporary or intermediate rating decisions, including
mechanisms (such as upgrades) to assure the ability of the Veterans Benefits
Management System to facilitate the issuance of temporary or intermediate
rating decisions.
(B) Mechanisms to ensure that
appropriate claimant populations, such as claimants who file complex or
multi-issue disability compensation claims, benefit from the availability of
temporary or intermediate rating decisions.
(C) Mechanisms to provide for
the use of temporary or intermediate rating decisions, including mechanisms to
resolve whether a request by a claimant or claimant representative should
trigger use of a temporary or intermediate rating decision depending on the
circumstances of the claimant.
(D) Mechanisms to prevent the
use of temporary or intermediate rating decisions in lieu of a final rating
decision when a final rating decision could be made with little or no
additional claim development.
(E) Such recommendations for
legislative or administrative action as the Secretary considers appropriate to
increase the use of temporary or intermediate rating decisions to expedite
benefit decisions of the Department.
518.
Reports on
Department disability medical examinations and prevention of unnecessary
medical examinations
(a)
Report on
disability medical examinations furnished by Department of Veterans
Affairs
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the furnishing of general medical and
specialty medical examinations by the Department of Veterans Affairs for
purposes of adjudicating claims for benefits under laws administered by the
Secretary.
(2)
Contents
The
report submitted under paragraph (1) shall include the following:
(A) The number of general
medical examinations furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating claims for benefits under
laws administered by the Secretary.
(B) The number of general
medical examinations furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a claim in which a
comprehensive joint examination was conducted, but for which no disability
relating to a joint, bone, or muscle had been asserted as an issue in the
claim.
(C) The number of specialty
medical examinations furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a claim.
(D) The number of specialty
medical examinations furnished by the Department during the period of fiscal
years 2009 through 2012 for purposes of adjudicating a claim in which one or
more joint examinations were conducted.
(E) A summary with citations
to any medical and scientific studies that provide a basis for determining that
three repetitions is adequate to determine the effect of repetitive use on
functional impairments.
(F) The names of all
examination reports, including general medical examinations and Disability
Benefits Questionnaires, used for evaluation of compensation and pension
disability claims which require measurement of repeated ranges of motion
testing and the number of examinations requiring such measurements which were
conducted in fiscal year 2012.
(G) The average amount of
time taken by an individual conducting a medical examination to perform the
three repetitions of movement of each joint.
(H) A discussion of whether
there are more efficient and effective scientifically reliable methods of
testing for functional loss on repetitive use of an extremity other than the
three time repetition currently used by the Department.
(I) Recommendations as to the
continuation of the practice of measuring functional impairment by using three
repetitions of movement of each joint during the examination as a criteria for
evaluating the effect of repetitive motion on functional impairment with
supporting rationale.
(b)
Report and
plan to prevent the ordering of unnecessary medical examinations
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the efforts of the Secretary in reducing the
necessity for in-person disability examinations and other efforts to comply
with the provisions of section 5125 of title 38, United States Code.
(2)
Contents
The
report required by paragraph (1) shall include the following:
(A) Criteria used by
the Secretary to determine if a claim is eligible for the Acceptable Clinical
Evidence initiative.
(B) The number of
claims determined to be eligible for the Acceptable Clinical Evidence
initiative during the period beginning on the date of the initiation of the
initiative and ending on the date of the enactment of this Act,
disaggregated—
(i) by fiscal year;
and
(ii) by claims determined
eligible based in whole or in part on medical evidence provided by a private
health care provider.
(C) The total number of
claims determined to be eligible for the Acceptable Clinical Evidence
initiative that required an employee of the Department to supplement the
evidence with information obtained during a telephone interview with a claimant
or health care provider.
(D) Information on any other
initiatives or efforts, including disability benefits questionnaires, of the
Department to further encourage the use of medical evidence provided by a
private health care provider and reliance upon reports of a medical examination
administered by a private physician if the report is sufficiently complete to
be adequate for the purposes of adjudicating a claim.
(E) A plan—
(i) to measure,
track, and prevent the ordering of unnecessary medical examinations when the
provision by a claimant of a medical examination administered by a private
physician in support of a claim for benefits under chapter 11 or 15 of title
38, United States Code, is adequate for the purpose of making a decision on
that claim; and
(ii) that includes the
actions the Secretary will take to eliminate any request by the Department for
a medical examination in the case of a claim for benefits under chapter 11 or
15 of such title in support of which a claimant submits medical evidence or a
medical opinion provided by a private health care provider that is competent,
credible, probative, and otherwise adequate for purposes of making a decision
on that claim.
C
Board of
Veterans' Appeals and Court of Appeals for Veterans Claims
521.
Treatment of certain
misfiled documents as a notice of appeal to the Court of Appeals for Veterans
Claims
Section 7266 is amended
by adding at the end the following new subsection:
(e)
(1) If a person
adversely affected by a final decision of the Board, who has not filed a notice
of appeal with the United States Court of Appeals for Veterans Claims under
subsection (a), misfiles a document with the Board or the agency of original
jurisdiction referred to in section 7105(b)(1) of this title that expresses
disagreement with such decision and a clear intent to seek review of such
decision by the United States Court of Appeals for Veterans Claims, not later
than 120 days after the date of such decision, such document shall be treated
as timely filed under subsection (a).
(2) The treatment of
misfiled documents under paragraph (1) does not limit equitable relief that may
be otherwise available to a person described in that
paragraph.
.
522.
Modification of filing
period for notice of disagreement to initiate appellate review of decisions of
Department of Veterans Affairs
(a)
Filing of notice of
disagreement by claimants
(1)
In
general
Paragraph (1) of section 7105(b) is amended—
(A) by striking one
year and inserting 180 days in the first sentence;
and
(B) by striking
one-year and inserting 180-day in the third
sentence.
(2)
Electronic
filing
Such paragraph is further amended by inserting or
transmitted by electronic means after postmarked.
(3)
Good cause exception
for untimely filing of notices of disagreement
Such section
7105(b) is amended by adding at the end the following new paragraph:
(3) A notice of disagreement
not filed within the time prescribed by paragraph (1) shall be treated by the
Secretary as timely filed if—
(A) the Secretary
determines that the claimant, legal guardian, or other accredited
representative, attorney, or authorized agent filing the notice had good cause
for the lack of filing within such time; and
(B) the notice of
disagreement is filed not later than 186 days after the expiration of the
period prescribed by paragraph
(1).
.
(b)
Application by
Department for review on appeal
Section 7106 is amended in the
first sentence by striking one-year period described in section
7105 and inserting period described in section
7105(b)(1).
(c)
Effective
date
The amendments made by this section shall apply with respect
to claims for benefits under laws administered by the Secretary of Veterans
Affairs filed with the Secretary after the date of the enactment of this
Act.
523.
Determination of
manner of appearance for hearings before Board of Veterans' Appeals
(a)
In
general
Section 7107 is amended—
(1) in subsection
(a)(1), by striking in subsection (f) and inserting in
subsection (g);
(2) by redesignating
subsection (f) as subsection (g); and
(3) by striking subsections
(d) and (e) and inserting the following new subsections:
(d)
(1) Except as provided in
paragraph (2), a hearing before the Board shall be conducted through picture
and voice transmission, by electronic or other means, in such a manner that the
appellant is not present in the same location as the members of the Board
during the hearing.
(2)
(A) A hearing before the
Board shall be conducted in person upon the request of an appellant.
(B) In the absence of a
request under subparagraph (A), a hearing before the Board may also be
conducted in person as the Board considers appropriate.
(e)
(1) In a case in which a
hearing before the Board is to be held as described in subsection (d)(1), the
Secretary shall provide suitable facilities and equipment to the Board or other
components of the Department to enable an appellant located at an appropriate
facility within the area served by a regional office to participate as so
described.
(2) Any hearing conducted as
described in subsection (d)(1) shall be conducted in the same manner as, and
shall be considered the equivalent of, a personal hearing.
(f)
(1) In a case in which a
hearing before the Board is to be held as described in subsection (d)(2), the
appellant may request that the hearing be held at the principal location of the
Board or at a facility of the Department located within the area served by a
regional office of the Department.
(2) A hearing to be held
within an area served by a regional office of the Department shall (except as
provided in paragraph (3)) be scheduled to be held in accordance with the place
of the case on the docket under subsection (a) relative to other cases on the
docket for which hearings are scheduled to be held within that area.
(3) A hearing to be held
within an area served by a regional office of the Department may, for cause
shown, be advanced on motion for an earlier hearing. Any such motion shall set
forth succinctly the grounds upon which the motion is based. Such a motion may
be granted only—
(A) if the case involves
interpretation of law of general application affecting other claims;
(B) if the appellant is
seriously ill or is under severe financial hardship; or
(C) for other sufficient
cause
shown.
.
(b)
Effective
date
The amendments made by subsection (a) shall apply with
respect to cases received by the Board of Veterans' Appeals pursuant to notices
of disagreement submitted on or after the date of the enactment of this
Act.
VI
Outreach
Matters
601.
Program to increase
coordination of outreach efforts between the Department of Veterans Affairs and
Federal, State, and local agencies and nonprofit organizations
(a)
Program
required
The Secretary of Veterans Affairs shall carry out a
program to assess the feasibility and advisability of using State and local
government agencies and nonprofit organizations—
(1) to increase awareness of
veterans regarding benefits and services for veterans; and
(2) to improve coordination
of outreach activities regarding such benefits and services between the
Secretary and Federal, State, and local government and nonprofit providers of
health care and benefit services for veterans.
(b)
Duration
The
Secretary shall carry out the program for a two-year period.
(c)
Grants
(1)
In
general
The Secretary shall carry out the program through the
competitive award of grants to State and local government agencies and
nonprofit organizations—
(A) to increase the awareness
of veterans regarding benefits and services for veterans; and
(B) to improve coordination
of outreach activities regarding such benefits and services between the
Secretary and Federal, State, and local government and nonprofit providers of
health care and benefit services for veterans.
(2)
Application
(A)
In
general
A State or local government agency or nonprofit
organization seeking a grant under the program shall submit to the Secretary an
application therefor in such form and in such manner as the Secretary considers
appropriate.
(B)
Elements
Each
application submitted under subparagraph (A) shall include the
following:
(i) A description of the
consultations, if any, with the Department of Veterans Affairs in the
development of any proposal under the application.
(ii) A description of the
project for which the applicant is seeking a grant under the program, including
a plan to coordinate under the program, to the greatest extent possible, the
outreach activities of Federal, State, and local government agencies that
provide health care, benefits, and services for veterans and nonprofit
organizations that provide such care, benefits, and services to enhance the
awareness and availability of such care, benefits, and services.
(iii) An agreement to report
to the Secretary standardized data and other performance measures necessary for
the Secretary to evaluate the program and to facilitate evaluation of projects
for which grants are awarded under the program.
(iv) Such other information
as the Secretary may require.
(3)
Considerations
(A)
In
general
In awarding grants under the program to carry out
projects, the Secretary shall consider—
(i) where the
projects will be carried out and which populations are targeted; and
(ii) the likelihood that each
potential grantee will successfully carry out the grant proposal.
(B)
Considerations
regarding location and target population
In taking the matters
specified in subparagraph (A)(ii) into consideration, the Secretary shall
consider in particular the advisability of awarding grants for projects—
(i) carried out in
areas with populations that have a high proportion of veteran
representation;
(ii) carried out in
a variety of geographic areas, including urban, rural, and highly rural areas;
and
(iii) that target a
variety of veteran populations, including racial and ethnic minorities,
low-income populations, and older populations.
(4)
Use of
funds
The Secretary shall establish appropriate uses of grant
amounts received under the program.
(5)
Oversight of use of
funds
The Secretary shall establish appropriate mechanisms for
oversight of the use of grant amounts received under the program, including the
evidence grantees must submit to demonstrate use of grant amounts and
procedures for the recovery of grant amounts that were improperly used.
(6)
Limitation
In
a fiscal year, not more than 20 percent of all grant amounts awarded in that
fiscal year may be awarded to a single State entity.
(d)
State matching
requirement
The Secretary may not make a grant to a State under
subsection (c) unless that State agrees that, with respect to the costs to be
incurred by the State in carrying out the program or projects for which the
grant was awarded, the State will make available (directly or through donations
from public or private entities) non-Federal contributions in an amount equal
to 50 percent of Federal funds provided under the grant.
(e)
Authorization
of appropriations
There is hereby authorized to be appropriated
to carry out this section the following:
(1) $2,500,000 for
fiscal year 2015.
(2) $2,500,000 for fiscal
year 2016.
(f)
Annual
report
(1)
In
general
Not later than 120 days after the completion of the first
calendar year beginning after the date of the commencement of the program, and
not less frequently than once every year thereafter for the duration of the
program, the Secretary shall submit to Congress a report evaluating the program
and the projects supported by grants awarded under the program.
(2)
Elements
The
report required by paragraph (1) shall include the following:
(A) The findings and
conclusions of the Secretary with respect to the program.
(B) An assessment of the
benefit to veterans of the program.
(C) The performance measures
used by the Secretary for purposes of the program and data showing the
performance of grantees under the program under such measures.
(D) The recommendations of
the Secretary as to the feasibility and advisability of continuing or expanding
or modifying the program.
(g)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
602.
Cooperative agreements
between Secretary of Veterans Affairs and States on outreach
activities
(a)
In
general
Chapter 63 is amended by inserting after section 6306 the
following new section:
6306A.
Cooperative
agreements with States
(a)
In
general
The Secretary may
enter into cooperative agreements and arrangements with various State agencies
and State departments to carry out this chapter and to otherwise carry out,
coordinate, improve, or enhance outreach activities of the Department and the
States.
(b)
Report
The Secretary shall include in each report
submitted under section 6308 of this title a description of the agreements and
arrangements entered into by the Secretary under subsection
(a).
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 63 is
amended by inserting after the item relating to section 6306 the following new
item:
6306A. Cooperative agreements
with
States.
.
603.
Advisory committee on
outreach activities of Department of Veterans Affairs
(a)
Establishment
Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall establish an
advisory committee on outreach activities of the Department of Veterans
Affairs.
(b)
Membership
The advisory committee shall be composed of
individuals selected by the Secretary from among the following:
(1) To the maximum extent
practicable, individuals who are eminent in their respective fields of public
relations.
(2) Representatives of
organizations with offices that focus on communications and distribute messages
through major media news outlets and social media.
(3) To the maximum extent
practicable, individuals with experience communicating financial results and
business strategy for purposes of shaping a confident brand image.
(4) To the maximum extent
practicable, individuals with experience with consumer and lifestyle imaging
and creating publicity for a particular product or service.
(5) To the maximum extent
practicable, veterans who have experience in press and public relations.
(c)
Duties
The
advisory committee shall advise the Assistant Secretary for Public and
Intergovernmental Affairs—
(1) to ensure that the
Department of Veterans Affairs is strategically and effectively—
(A) engaging the public and
Department stakeholders to increase awareness nationally regarding all benefits
and services furnished by the Department;
(B) explaining new or
changing policies of the Department;
(C) improving the image and
reputation of the Department; and
(D) coordinating and
collaborating with national community-based organizations, nonprofits, and
State and local government agencies;
(2) to assist the Secretary
in conducting such other press or public relations activities relating to
outreach activities of the Department as the Secretary and the Assistant
Secretary for Public and Intergovernmental Affairs consider appropriate;
and
(3) to ensure coordination
and collaboration on efforts within the Department for the development,
implementation, and review of local outreach with respect to benefits that
include the following:
(A) Compensation and pension
benefits.
(B) Insurance
benefits.
(C) Burial and memorial
benefits.
(D) Education
benefits.
(E) Vocational rehabilitation
and employment benefits.
(F) Readjustment counseling
benefits.
(G) Loan guarantee
benefits.
(H) Such other benefits as
the Secretary considers appropriate.
(d)
Location of
meetings
Each meeting of the advisory committee shall take place
at a location that is property of the Department and shall, to the maximum
extent practicable, use teleconference technology.
(e)
Consultation
The
Secretary shall consult with and seek the advice of the advisory committee not
less frequently than quarterly on matters relating to the duties of the
advisory committee under subsection (c).
(f)
Reports
(1)
In
general
Not less frequently than once every 90 days for the first
year and semiannually thereafter, the advisory committee shall submit to
Congress and to the Secretary a report on outreach activities of the
Department.
(2)
Recommendations
Each
report submitted under paragraph (1) shall include such recommendations for
legislative and administrative action as the advisory committee considers
appropriate to improve the press and public relations of the Department
relating to outreach.
(g)
Termination
The
advisory committee shall terminate on October 1, 2015, and the requirements and
authorities under this section shall terminate on such date.
(h)
Outreach
defined
In this section, the term outreach has the
meaning given the term in section 6301 of title 38, United States Code.
604.
Advisory boards on
outreach activities of Department of Veterans Affairs relating to health
care
(a)
Establishment
(1)
In
general
For each entity
described in paragraph (2), the Secretary of Veterans Affairs shall, acting
through the director of that entity, establish not later than 180 days after
the effective date specified in subsection (h) an advisory board at that entity
on matters relating to outreach activities of the Department of Veterans
Affairs at that entity.
(2)
Entity
described
An entity described
in this paragraph is—
(A) a healthcare system of the Department;
or
(B) a Veterans Integrated System Network, if
such Veterans Integrated System Network does not contain a healthcare
system.
(b)
Membership
(1)
In
general
Each advisory board established under subsection (a)(1)
shall be, to the maximum extent practicable, composed of individuals selected
by the Secretary from among the following:
(A) Individuals who
are eminent in their respective fields of public relations.
(B) Representatives
of organizations with offices that focus on communications and distribute
messages through major media news outlets and social media.
(C) Individuals with
experience communicating financial results and business strategy for purposes
of shaping a confident brand image.
(D) Individuals with
experience with consumer and lifestyle imaging and creating publicity for a
particular product or service.
(E) Employees of the
Department who are involved in press and public relations strategy for an
entity described in subsection (a)(2).
(F) To the maximum
extent practicable, veterans who have experience in press and public
relations.
(2)
Voluntary
participation
The participation of an individual selected under
paragraph (1) shall be at the election of the individual.
(c)
Duties
Each
advisory board established under subsection (a)(1) at an entity described in
subsection (a)(2) shall advise the Assistant Secretary for Public and
Intergovernmental Affairs—
(1) to ensure that the
Department of Veterans Affairs is strategically and effectively—
(A) engaging the public and
Department stakeholders to increase awareness nationally regarding benefits and
services furnished by the Department;
(B) explaining new or
changing policies of the Department;
(C) improving the image and
reputation of the Department;
(D) coordinating and
collaborating with national community-based organizations, nonprofits, and
State and local government agencies; and
(E) coordinating and
collaborating on efforts within the Department for the development,
implementation, and review of local outreach with respect to benefits that
include—
(i) compensation and pension
benefits;
(ii) insurance
benefits;
(iii) burial and memorial
benefits;
(iv) education
benefits;
(v) vocational rehabilitation
and employment benefits;
(vi) readjustment counseling
benefits;
(vii) loan guarantee
benefits; and
(viii) such other benefits as
the Secretary considers appropriate; and
(2) to assist the director of
that entity in conducting such other press or public relations activities
relating to outreach activities of the Department as that advisory board
considers appropriate.
(d)
Meeting
location
(1)
In
general
If teleconference technology is not used, meetings of
each advisory board established under subsection (a)(1) shall be held at a
location that is property of the Department.
(2)
Teleconference
technology
Each advisory board shall use, to the maximum extent
practicable, teleconference technology.
(e)
Consultation
Each
director of an entity described in subsection (a)(2) shall consult with and
seek the advice of the advisory board established at such entity not less
frequently than once every two months on matters relating to the duties of the
advisory board under subsection (c).
(f)
Annual
reports
Not less frequently than each year, each advisory board
established under subsection (a)(1) shall submit to the Secretary a report with
such information as may be beneficial to the Secretary in preparing the reports
required by section 6308 of title 38, United States Code.
(g)
Termination
Each
advisory board established under subsection (a)(1) and the authorities and
requirements of this section shall terminate three years after the effective
date specified in subsection (h).
(h)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
605.
Modification of
requirement for periodic reports to Congress on outreach activities of
Department of Veterans Affairs
(a)
In
general
Section 6308 is
amended—
(1) in subsection (a), by striking
even-numbered; and
(2) in subsection (b)—
(A) in paragraph (1), by
striking biennial;
(B) in paragraph (2), by
inserting for legislative and administrative action after
Recommendations; and
(C) by adding at the end the
following new paragraph:
(3) Recommendations that such
administrative actions as may be taken—
(A) to maximize resources for
outreach activities of the Department; and
(B) to focus outreach efforts
on activities that are proven to be more
effective.
.
(b)
Clerical
amendments
(1)
Section
heading
The heading for section 6308 is amended by striking
Biennial and inserting
Annual.
(2)
Table of
sections
The table of sections at the beginning of chapter 63 is
amended by striking the item relating to section 6308 and inserting the
following new item:
6308. Annual report to
Congress.
.
VII
Employment and Related
Matters
A
Employment
Matters
701.
Employment of veterans
with the Federal Government
(a)
In
general
Section 4214 is
amended—
(1) in subsection (b), by
adding at the end the following:
(4)
(A) The requirement under
this paragraph is in addition to the appointment of qualified covered veterans
under the authority under paragraph (1) by the Department of Veterans Affairs
and the Department of Defense.
(B) The head of each agency,
in consultation with the Director of the Office of Personnel Management, shall
develop a plan for exercising the authority specified in subparagraph (C)
during the five-year period beginning on the date of the enactment of the
Veterans Health and Benefits Improvement Act
of 2013.
(C) The authority specified
in this subparagraph is the authority as follows:
(i) The authority
under paragraph (1).
(ii) The authority available
to the agency concerned under the Veterans Employment Opportunities Act of 1998
(Public Law 105–339) and the amendments made by that Act.
(D) The Director of the
Office of Personnel Management shall ensure that under the plans developed
under subparagraph (B) agencies shall appoint to existing vacancies not fewer
than 15,000 qualified covered veterans during the five-year period beginning on
the date of the enactment of the Veterans
Health and Benefits Improvement Act of 2013. For purposes of
complying with this subparagraph, an appointment pursuant to the authority
referred to in subparagraph (C)(ii) shall not count toward the number required
by this subparagraph unless the appointment is to a vacancy in a full-time,
permanent
position.
;
(2) in subsection (d), in the
third sentence, by inserting (including, during the 5-year period
beginning on the date of the enactment of the Veterans Health and Benefits Improvement Act of
2013, the development and implementation by each agency of the
plan required under subsection (b)(4), which shall include information
regarding the grade or pay level of appointments by the agency under the plan
and whether the appointments are, or are converted to, career or
career-conditional appointments) after subsection (b) of this
section; and
(3) in subsection (e)—
(A) in paragraph (1)—
(i) in the matter before
subparagraph (A), by striking to the Congress and inserting
to the appropriate committees of Congress; and
(ii) in subparagraph (A), by
inserting (including, during the 5-year period beginning on the date of
the enactment of the Veterans Health and
Benefits Improvement Act of 2013, the development and
implementation by the agency of the plan required under subsection (b)(4),
which shall include information regarding the grade or pay level of
appointments by the agency under the plan and whether the appointments are, or
are converted to, permanent appointments) before the period; and
(B) by adding at the end the
following new paragraph:
(3) In this subsection, the
term appropriate committees of Congress means—
(A) the Committee on
Veterans' Affairs and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on
Veterans' Affairs and the Committee on Oversight and Government Reform of the
House of
Representatives.
.
(b)
Report
Not
later than 180 days after the date of enactment of this Act, the Director of
the Office of Personnel Management shall submit to the appropriate committees
of Congress (as defined under section 4214(e)(3) of title 38, United States
Code, as amended by subsection (a)) regarding the development of a plan to
carry out the amendments made by subsection (a).
702.
State recognition of
military experience of veterans in issuing licenses and credentials to
veterans
(a)
In
general
Section 4102A(c) is
amended by striking paragraph (9) and inserting the following new paragraph
(9):
(9)
(A) As a condition of a grant or contract under
which funds are made available to a State under subsection (b)(5) in order to
carry out section 4103A or 4104 of this title, the State shall—
(i) establish a program under which the State
administers an examination to each veteran seeking a license or credential
issued by the State and issues such license or credential to such veteran
without requiring such veteran to undergo any training or apprenticeship if the
veteran—
(I) receives a satisfactory score on completion
of such examination, as determined by the State;
(II) has been
awarded a military occupational specialty that is substantially equivalent to
or exceeds the requirements of the State for the issuance of such license or
credential;
(III) has engaged in
the active practice of the occupation for which the veteran is seeking such
license or credential for at least two of the five years preceding the date of
application; and
(IV) pays any
customary or usual fees required by the State for such license or credential;
and
(ii) submit each year to the
Secretary a report on the exams administered under clause (i) during the most
recently completed 12-month period that includes, for the period covered by the
report the number of veterans who completed an exam administered by the State
under clause (i) and a description of the results of such exams, disaggregated
by occupational field.
(B) The Secretary
may waive the requirement under subparagraph (A) that a State establish a
program described in that subparagraph as a condition of a grant or contract if
the State certifies to the Secretary that the State—
(i) takes into
account previous military training for the purposes of issuing licenses or
credentials;
(ii) permits
veterans to completely satisfy through examination any training or testing
requirements for a license or credential with respect to which a veteran has
previously completed military training; and
(iii) for any
credential or license for which a veteran is unable to completely satisfy such
requirements through examination, the State substantially reduces training time
required to satisfy such requirement based on the military training received by
the veteran.
(C) Not less frequently than once each year,
the Secretary shall submit to Congress and the Secretary of Defense a report
summarizing the information received by the Secretary under subparagraph
(A)(ii).
.
(b)
Effective date
(1)
Exams
Subparagraph
(A) of section 4102A(c)(9) of title 38, United States Code, as added by
subsection (a), shall take effect on the date that is one year after the date
of the enactment of this Act and shall apply with respect to grants and
contracts described in such subparagraph awarded after such date.
(2)
Reports
Subparagraph
(B) of such section 4102A(c)(9), as so added, shall take effect on the date
that is one year after the date of the enactment of this Act and the Secretary
of Labor shall submit the first report under such subparagraph not later than
two years after the date of the enactment of this Act.
703.
Report on unified
Government Internet portal for veterans on jobs available through the Federal
Government
(a)
Identification
of Internet websites and applications that can assist veterans seeking
employment
(1)
In
general
The Secretary of Labor shall, in consultation with the
Secretary of Veterans Affairs, the Secretary of Defense, and other appropriate
public and private entities, take appropriate actions to identify Internet
websites and applications that can assist veterans in seeking
employment.
(2)
Priority in
identification of certain websites and applications
In
identifying websites and applications pursuant to paragraph (1), the Secretary
shall place a particular priority on identifying websites and applications that
do the following:
(A) Match veterans
seeking employment with available jobs based on the skills the veterans
acquired as members of the Armed Forces.
(B) Permit employers to post
information about available jobs.
(b)
Report
Not
later than 180 days after the effective date specified in subsection (c), the
Secretary of Labor shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of Representatives a
report on the actions of the Secretary under subsection (a). The report shall
include an assessment of the feasibility and advisability of creating a single,
unified Internet-based employment portal for the Federal Government for use by
veterans regarding employment through the Federal Government, including the
cost of creating the portal, the collaboration with other Federal agencies
required to create the portal, and the anticipated use of the portal.
(c)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
704.
Information on
disability-related employment and education protections in Transition
Assistance Program
(a)
In
general
Section 1144(b) of
title 10, United States Code, is amended by adding at the end the following new
paragraph:
(9) Provide information about
disability-related employment and education
protections.
.
(b)
Effective
date
The amendment made by subsection (a) shall take effect on
the date that is one year after the date of the enactment of this Act.
B
Small Business
Matters
711.
Expansion of
contracting goals and preferences of Department of Veterans Affairs to include
conditionally owned small business concerns 100 percent owned by
veterans
Section 8127(l) is
amended—
(1) in paragraph (2), by
inserting unconditionally before owned by each
place it appears; and
(2) by adding at the end the
following new paragraph:
(3) The term
unconditionally owned includes, with respect to ownership of a
small business concern, conditional ownership of such small business concern if
such business concern is 100 percent owned by one or more
veterans.
.
712.
Modification of
treatment under contracting goals and preferences of Department of Veterans
Affairs for small businesses owned by veterans of small businesses after death
of disabled veteran owners
(a)
In
general
Section 8127(h) is
amended—
(1) in paragraph (3), by
striking rated as and all that follows through
disability. and inserting a period; and
(2) in paragraph (2), by
amending subparagraph (C) to read as follows:
(C) The date that—
(i) in the case of a
surviving spouse of a veteran with a service-connected disability rated as 100
percent disabling or who dies as a result of a service-connected disability, is
10 years after the date of the veteran's death; or
(ii) in
the case of a surviving spouse of a veteran with a service-connected disability
rated as less than 100 percent disabling who does not die as a result of a
service-connected disability, is three years after the date of the veteran's
death.
.
(b)
Effective
date
The amendments made by subsection (a) shall take effect on
the date that is 180 days after the date of the enactment of this Act and shall
apply with respect to applications received pursuant to section 8127(f)(2) of title 38, United States Code, that
are verified on or after such date.
713.
Treatment of
businesses after deaths of servicemember-owners for purposes of Department of
Veterans Affairs contracting goals and preferences
(a)
In
general
Section 8127 is amended—
(1) by redesignating
subsections (i) through (l) as subsections (j) through (m), respectively;
and
(2) by inserting after
subsection (h) the following new subsection (i):
(i)
Treatment of businesses
after death of servicemember-Owner
(1) If a member of the
Armed Forces owns at least 51 percent of a small business concern and such
member is killed in line of duty in the active military, naval, or air service,
the surviving spouse or dependent child of such member who acquires such
ownership rights in such small business concern shall, for the period described
in paragraph (2), be treated as if the surviving spouse or dependent child were
a veteran with a service-connected disability for purposes of determining the
status of the small business concern as a small business concern owned and
controlled by veterans for purposes of contracting goals and preferences under
this section.
(2) The period referred to in
paragraph (1) is the period beginning on the date on which the member of the
Armed Forces dies and ending on the date as follows:
(A) In the case of a
surviving spouse, the earliest of the following dates:
(i) The date on which the
surviving spouse remarries.
(ii) The date on which the
surviving spouse relinquishes an ownership interest in the small business
concern and no longer owns at least 51 percent of such small business
concern.
(iii) The date that is ten
years after the date of the member's death.
(B) In the case of a
dependent child, the earliest of the following dates:
(i) The date on which the
surviving dependent child relinquishes an ownership interest in the small
business concern and no longer owns at least 51 percent of such small business
concern.
(ii) The date that is ten
years after the date of the member's
death.
.
(b)
Effective
date
Subsection (i) of section 8127 of title 38, United States
Code, as added by subsection (a), shall take effect on the date of the enactment of
this Act and shall apply with respect to the deaths of members of the Armed
Forces occurring on or after such date.
714.
Special rule for
treatment under contracting goals and preferences of Department of Veterans
Affairs of small business concerns licensed in community property
States
Section 8127, as
amended by section 713 of this Act, is further amended by adding at the end the
following new subsection:
(n)
Special rule for
community property States
Whenever the Secretary assesses, for
purposes of this section, the degree of ownership by an individual of a small
business concern licensed in a community property State, the Secretary shall
also assess what that degree of ownership would be if such small business
concern had been licensed in a State other than a community property State. If
the Secretary determines that such individual would have had a greater degree
of ownership of the small business concern had such small business concern been
licensed in a State other than a community property State, the Secretary shall
treat, for purposes of this section, such small business concern as if it had
been licensed in a State other than a community property
State.
.
VIII
Other Matters
801.
Consideration by
Secretary of Veterans Affairs of resources disposed of for less than fair
market value by individuals applying for pension
(a)
Veterans
Section
1522 is amended—
(1) in subsection (a)—
(A) by inserting
(1) before The Secretary; and
(B) by adding at the end the
following new paragraph:
(2)
(A) If a veteran otherwise
eligible for payment of pension under section 1513 or 1521 of this title or the
spouse of such veteran disposes of covered resources for less than fair market
value on or after the look-back date described in subparagraph (C)(i), the
Secretary shall deny or discontinue the payment of pension to such veteran
under section 1513 or 1521 of this title, as the case may be, for months during
the period beginning on the date described in subparagraph (D) and equal to the
number of months calculated as provided in subparagraph (E).
(B)
(i) For purposes of this
paragraph, a covered resource is any resource that was a part of the corpus of
the estate of the veteran or, if the veteran has a spouse, the corpus of the
estates of the veteran and of the veteran's spouse, that the Secretary
considers that under all the circumstances, if the veteran or spouse had not
disposed of such resource, it would be reasonable that the resource (or some
portion of the resource) be consumed for the veteran's maintenance.
(ii) For
purposes of this paragraph, the Secretary may consider, in accordance with
regulations the Secretary shall prescribe, a transfer of an asset (including a
transfer of an asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than fair market value if
such transfer reduces the amount in the corpus of the estate of the veteran or,
if the veteran has a spouse, the corpus of the estates of the veteran and of
the veteran's spouse, that the Secretary considers, under all the
circumstances, would be reasonable to be consumed for the veteran's
maintenance.
(C)
(i) The look-back date
described in this clause is a date that is 36 months before the date described
in clause (ii).
(ii) The date described in
this clause is the date on which the veteran applies for pension under section
1513 or 1521 of this title or, if later, the date on which the veteran (or the
spouse of the veteran) disposes of covered resources for less than fair market
value.
(D) The date described in
this subparagraph is the first day of the first month in or after which covered
resources were disposed of for less than fair market value and which does not
occur in any other period of ineligibility under this paragraph.
(E) The number of months
calculated under this subparagraph shall be equal to—
(i) the total, cumulative
uncompensated value of the portion of covered resources so disposed of by the
veteran (or the spouse of the veteran) on or after the look-back date described
in subparagraph (C)(i) that the Secretary determines would reasonably have been
consumed for the veteran's maintenance; divided by
(ii) the maximum amount of
monthly pension that is payable to a veteran under section 1513 or 1521 of this
title, including the maximum amount of increased pension payable under such
sections on account of family members, but not including any amount of pension
payable under such sections because a veteran is in need of regular aid and
attendance or is permanently housebound,
rounded down, in the case of any
fraction, to the nearest whole number, but shall not in any case exceed 36
months.
;
(2) in subsection (b)—
(A) by inserting
(1) before The Secretary; and
(B) by adding at the end the
following new paragraph:
(2)
(A) If a veteran otherwise
eligible for payment of increased pension under subsection (c), (d), (e), or
(f) of section 1521 of this title on account of a child, the spouse of the
veteran, or the child disposes of covered resources for less than fair market
value on or after the look-back date described in subparagraph (C)(i), the
Secretary shall deny or discontinue payment of such increased pension for
months during the period beginning on the date described in subparagraph (D)
and equal to the number of months calculated as provided in subparagraph
(E).
(B)
(i) For purposes of this
paragraph, a covered resource is any resource that was a part of the corpus of
the estate of the child that the Secretary considers that under all the
circumstances, if the veteran, the spouse of the veteran, or the child had not
disposed of such resource, it would be reasonable that the resource (or some
portion of the resource) be consumed for the child's maintenance.
(ii) For
purposes of this paragraph, the Secretary may consider, in accordance with
regulations the Secretary shall prescribe, a transfer of an asset (including a
transfer of an asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than fair market value if
such transfer reduces the amount in the corpus of the estate of the child that
the Secretary considers, under all the circumstances, would be reasonable to be
consumed for the child's maintenance.
(C)
(i) The look-back date
described in this clause is a date that is 36 months before the date described
in clause (ii).
(ii) The date described in
this clause is the date on which the veteran applies for payment of increased
pension under subsection (c), (d), (e), or (f) of section 1521 of this title on
account of a child or, if later, the date on which the veteran, the spouse of
the veteran, or the child disposes of covered resources for less than fair
market value.
(D) The date described in
this subparagraph is the first day of the first month in or after which covered
resources were disposed of for less than fair market value and which does not
occur in any other period of ineligibility under this paragraph.
(E) The number of months
calculated under this subparagraph shall be equal to—
(i) the total, cumulative
uncompensated value of the portion of the covered resources so disposed of by
the veteran, the spouse of the veteran, or the child on or after the look-back
date described in subparagraph (C)(i) that the Secretary determines would
reasonably have been consumed for the child's maintenance; divided by
(ii) the maximum amount of
increased monthly pension that is payable to a veteran under subsection (c),
(d), (e), or (f) of section 1521 of this title on account of a child,
rounded down, in the case of any
fraction, to the nearest whole number, but shall not in any case exceed 36
months.
;
and
(3) by adding at the end the
following new subsection:
(c)
(1)
(A) The Secretary shall not
deny or discontinue payment of pension under section 1513 or 1521 of this title
or payment of increased pension under subsection (c), (d), (e), or (f) of
section 1521 of this title on account of a child by reason of the application
of subsection (a)(2) or (b)(2) of this section to the disposal of resources by
an individual—
(i) if—
(I) a satisfactory showing is
made to the Secretary (in accordance with regulations promulgated by the
Secretary) that all resources disposed of for less than fair market value have
been returned to the individual who disposed of the resources; or
(II) the Secretary
determines, under procedures established by the Secretary in accordance with
subparagraph (B), that the denial or discontinuance of payment would work an
undue hardship; or
(ii) to the extent that any
portion of the resources disposed of for less than fair market value have been
returned to the individual who disposed of the resources.
(B) Undue hardship would be
worked by the denial or discontinuance of payment for purposes of subparagraph
(A)(i)(II) if the denial or discontinuance of payment would deprive the
individual during the period of denial or discontinuance—
(i) of medical care such that
the individual's life or health would be endangered;
(ii) of necessary food or
clothing, or other necessities of life; or
(iii) on such other basis as
the Secretary shall specify in the procedures required by subparagraph
(A)(i)(II).
(C) If payment of pension or
increased pension that would otherwise be denied or discontinued by reason of
the application of subsection (a)(2) or (b)(2) is denied or discontinued only
in part by reason of the return of resources as described in subparagraph
(A)(ii), the period of the denial or discontinuance as determined pursuant to
subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be
recalculated to take into account such return of resources.
(2) At
the time a veteran applies for pension under section 1513 or 1521 of this title
or increased pension under subsection (c), (d), (e), or (f) of section 1521 of
this title on account of a child, and at such other times as the Secretary
considers appropriate, the Secretary shall—
(A) inform such veteran of
the provisions of subsections (a)(2) and (b)(2) providing for a period of
ineligibility for payment of pension under such sections for individuals who
make certain dispositions of resources for less than fair market value,
including the exception for hardship from such period of ineligibility;
(B) obtain from such veteran
information which may be used in determining whether or not a period of
ineligibility for such payments would be required by reason of such
subsections; and
(C) provide such veteran a
timely process for determining whether or not the exception for hardship shall
apply to such
veteran.
.
(b)
Surviving spouses and
children
Section 1543 is amended—
(1) in subsection (a)—
(A) by redesignating
paragraph (2) as paragraph (3);
(B) by inserting after
paragraph (1) the following new paragraph (2):
(2)
(A) If a surviving spouse
otherwise eligible for payment of pension under section 1541 of this title
disposes of covered resources for less than fair market value on or after the
look-back date described in subparagraph (C)(i), the Secretary shall deny or
discontinue the payment of pension to such surviving spouse under section 1541
of this title for months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated as provided in
subparagraph (E).
(B)
(i) For purposes of this
paragraph, a covered resource is any resource that was a part of the corpus of
the estate of the surviving spouse that the Secretary considers that under all
the circumstances, if the surviving spouse had not disposed of such resource,
it would be reasonable that the resource (or some portion of the resource) be
consumed for the surviving spouse's maintenance.
(ii) For
purposes of this paragraph, the Secretary may consider, in accordance with
regulations the Secretary shall prescribe, a transfer of an asset (including a
transfer of an asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than fair market value if
such transfer reduces the amount in the corpus of the estate of the surviving
spouse that the Secretary considers, under all the circumstances, would be
reasonable to be consumed for the surviving spouse's maintenance.
(C)
(i) The look-back date
described in this clause is a date that is 36 months before the date described
in clause (ii).
(ii) The date described in
this clause is the date on which the surviving spouse applies for pension under
section 1541 of this title or, if later, the date on which the surviving spouse
disposes of covered resources for less than fair market value.
(D) The date described in
this subparagraph is the first day of the first month in or after which covered
resources were disposed of for less than fair market value and which does not
occur in any other period of ineligibility under this paragraph.
(E) The number of months
calculated under this subparagraph shall be equal to—
(i) the total, cumulative
uncompensated value of the portion of the covered resources so disposed of by
the surviving spouse on or after the look-back date described in subparagraph
(C)(i) that the Secretary determines would reasonably have been consumed for
the surviving spouse's maintenance; divided by
(ii) the maximum amount of
monthly pension that is payable to a surviving spouse under section 1541 of
this title, including the maximum amount of increased pension payable under
such section on account of a child, but not including any amount of pension
payable under such section because a surviving spouse is in need of regular aid
and attendance or is permanently housebound,
rounded down, in the case of any
fraction, to the nearest whole number, but shall not in any case exceed 36
months.
;
(C) by adding at the end the
following new paragraph:
(4)
(A) If a surviving spouse
otherwise eligible for payment of increased pension under subsection (c), (d),
or (e) of section 1541 of this title on account of a child or the child
disposes of covered resources for less than fair market value on or after the
look-back date described in subparagraph (C)(i), the Secretary shall deny or
discontinue payment of such increased pension for months during the period
beginning on the date described in subparagraph (D) and equal to the number of
months calculated as provided in subparagraph (E).
(B)
(i) For purposes of this
paragraph, a covered resource is any resource that was a part of the corpus of
the estate of the child that the Secretary considers that under all the
circumstances, if the surviving spouse or the child had not disposed of such
resource, it would be reasonable that the resource (or some portion of the
resource) be consumed for the child's maintenance.
(ii) For
purposes of this paragraph, the Secretary may consider, in accordance with
regulations the Secretary shall prescribe, a transfer of an asset (including a
transfer of an asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than fair market value if
such transfer reduces the amount in the corpus of the estate of the child that
the Secretary considers, under all the circumstances, would be reasonable to be
consumed for the child's maintenance.
(C)
(i) The look-back date
described in this clause is a date that is 36 months before the date described
in clause (ii).
(ii) The date described in
this clause is the date on which the surviving spouse applies for payment of
increased pension under subsection (c), (d), or (e) of section 1541 of this
title on account of a child or, if later, the date on which the surviving
spouse (or the child) disposes of covered resources for less than fair market
value.
(D) The date described in
this subparagraph is the first day of the first month in or after which covered
resources were disposed of for less than fair market value and which does not
occur in any other period of ineligibility under this paragraph.
(E) The number of months
calculated under this clause shall be equal to—
(i) the total, cumulative
uncompensated value of the portion of the covered resources so disposed of by
the surviving spouse (or the child) on or after the look-back date described in
subparagraph (C)(i) that the Secretary determines would reasonably have been
consumed for the child's maintenance; divided by
(ii) the maximum amount of
increased monthly pension that is payable to a surviving spouse under
subsection (c), (d), or (e) of section 1541 of this title on account of a
child,
rounded down, in the case of any
fraction, to the nearest whole number, but shall not in any case exceed 36
months.
;
(2) in subsection (b)—
(A) by inserting
(1) before The Secretary; and
(B) by adding at the end the
following new paragraph:
(2)
(A) If a child otherwise
eligible for payment of pension under section 1542 of this title or any person
with whom such child is residing who is legally responsible for such child's
support disposes of covered resources for less than fair market value on or
after the look-back date described in subparagraph (C)(i), the Secretary shall
deny or discontinue the payment of pension to such child under section 1542 of
this title for months during the period beginning on the date described in
subparagraph (D) and equal to the number of months calculated as provided in
subparagraph (E).
(B)
(i) For purposes of this
paragraph, a covered resource is any resource that was a part of the corpus of
the estate of the child or the corpus of the estate of any person with whom
such child is residing who is legally responsible for such child's support that
the Secretary considers that under all the circumstances, if the child or
person had not disposed of such resource, it would be reasonable that the
resource (or some portion of the resource) be consumed for the child's
maintenance.
(ii) For
purposes of this paragraph, the Secretary may consider, in accordance with
regulations the Secretary shall prescribe, a transfer of an asset (including a
transfer of an asset to an annuity, trust, or other financial instrument or
investment) a disposal of a covered resource for less than fair market value if
such transfer reduces the amount in the corpus of the estate described in
clause (i) that the Secretary considers, under all the circumstances, would be
reasonable to be consumed for the child's maintenance.
(C)
(i) The look-back date
described in this clause is a date that is 36 months before the date described
in clause (ii).
(ii) The date described in
this clause is the date on which the child applies for pension under section
1542 of this title or, if later, the date on which the child (or person
described in subparagraph (B)) disposes of covered resources for less than fair
market value.
(D) The date described in
this clause is the first day of the first month in or after which covered
resources were disposed of for less than fair market value and which does not
occur in any other period of ineligibility under this paragraph.
(E) The number of months
calculated under this clause shall be equal to—
(i) the total, cumulative
uncompensated value of the portion of the covered resources so disposed of by
the child (or person described in subparagraph (B)) on or after the look-back
date described in subparagraph (C)(i) that the Secretary determines would
reasonably have been consumed for the child's maintenance; divided by
(ii) the maximum amount of
monthly pension that is payable to a child under section 1542 of this
title,
rounded down, in the case of any
fraction, to the nearest whole number, but shall not in any case exceed 36
months.
;
and
(3) by adding at the end the
following new subsection:
(c)
(1)
(A) The Secretary shall not
deny or discontinue payment of pension under section 1541 or 1542 of this title
or payment of increased pension under subsection (c), (d), or (e) of section
1541 of this title on account of a child by reason of the application of
subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of
resources by an individual—
(i) if—
(I) a satisfactory showing is
made to the Secretary (in accordance with regulations promulgated by the
Secretary) that all resources disposed of for less than fair market value have
been returned to the individual who disposed of the resources; or
(II) the Secretary
determines, under procedures established by the Secretary in accordance with
subparagraph (B), that the denial or discontinuance of payment would work an
undue hardship; or
(ii) to the extent that any
portion of the resources disposed of for less than fair market value have been
returned to the individual who disposed of the resources.
(B) Undue hardship would be
worked by the denial or discontinuance of payment for purposes of subparagraph
(A)(i)(II) if the denial or discontinuance of payment would deprive the
individual during the period of denial or discontinuance—
(i) of medical care such that
the individual's life or health would be endangered;
(ii) of necessary food or
clothing, or other necessities of life; or
(iii) on such other basis as
the Secretary shall specify in the procedures required by subparagraph
(A)(i)(II).
(C) If payment of pension or
increased pension that would otherwise be denied or discontinued by reason of
the application of subsection (a)(2), (a)(4), or (b)(2) is denied or
discontinued only in part by reason of the return of resources as described in
subparagraph (A)(ii), the period of the denial or discontinuance as determined
pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as
applicable, shall be recalculated to take into account such return of
resources.
(2) At
the time a surviving spouse or child applies for pension under section 1541 or
1542 of this title or increased pension under subsection (c), (d), or (e) of
section 1541 of this title on account of a child, and at such other times as
the Secretary considers appropriate, the Secretary shall—
(A) inform such surviving
spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as
applicable, providing for a period of ineligibility for payment of pension or
increased pension under such sections for individuals who make certain
dispositions of resources for less than fair market value, including the
exception for hardship from such period of ineligibility;
(B) obtain
from such surviving spouse or child information which may be used in
determining whether or not a period of ineligibility for such payments would be
required by reason of such subsections; and
(C) provide such surviving
spouse or child a timely process for determining whether or not the exception
for hardship shall apply to such surviving spouse or
child.
.
(c)
Effective
date
Subsections (a)(2), (b)(2), and (c) of section 1522 of title
38, United States Code, as added by subsection (a), and subsections (a)(2),
(a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection
(b), shall take effect on the date that is one year after the date of the
enactment of this Act and shall apply with respect to payments of pension and
increased pension applied for after such date and to payments of pension and
increased pension for which eligibility is redetermined after such date, except
that no reduction in pension shall be made under such subsections because of
any disposal of covered resources made before such date.
(d)
Annual reports
(1)
In
general
Not later than 30 months after the date of the enactment
of this Act and not less frequently than once each year thereafter through
2018, the Secretary of Veterans Affairs shall submit to the appropriate
committees of Congress a report on the administration of subsections (a)(2),
(b)(2), and (c) of section 1522 of title 38, United States Code, as added by
subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543
of such title, as added by subsection (b), during the most recent 12-month
period.
(2)
Elements
Each
report submitted under paragraph (1) shall include the following, for the
period covered by the report:
(A) The number of individuals
who applied for pension under chapter 15 of such title.
(B) The number of individuals
who received pension under such chapter.
(C) The number of individuals
with respect to whom the Secretary denied or discontinued payment of pension
under the subsections referred to in paragraph (1).
(D) A description of any
trends identified by the Secretary regarding pension payments that have
occurred as a result of the amendments made by this section.
(E) Such other information as
the Secretary considers appropriate.
(3)
Appropriate committees
of Congress defined
In this subsection, the term
appropriate committees of Congress means—
(A) the Committee on
Veterans' Affairs and the Select Committee on Aging of the Senate; and
(B) the Committee on
Veterans' Affairs of the House of Representatives.
802.
Office of
National Veterans Sports Programs and Special Events
(a)
Reauthorization and use
of certain funds
Subsection
(d)(4) of section 322 is amended—
(1) by inserting
(A) after (4);
(2) by striking
2013 and inserting 2018; and
(3) by adding at the end the
following new subparagraph:
(B) Any amounts appropriated
or otherwise made available to carry out this subsection that the Secretary
determines are unnecessary to carry out this subsection may be used by the
Secretary to carry out this
section.
.
(b)
Cooperation with organization
Subsection (b)(4) of such section is
amended by striking shall, to the extent feasible, and inserting
may.
(c)
Substitution of USOC in responsibility for United States Paralympics, Inc
Such section is further amended—
(1) in subsection (b)(4)—
(A) by striking United States Paralympics, Inc., each place it appears and inserting United States Olympic Committee; and
(B) by striking sporting and inserting paralympic; and
(2) in subsection (d)(1), by striking United States Paralympics, Inc., each place it appears and inserting United States Olympic Committee.
803.
Adaptive
sports programs for disabled veterans and members of the Armed Forces through
United States Olympic Committee
(a)
Authorization of
program
Subsection (a) of section 521A is amended to read as
follows:
(a)
Adaptive sports
program
(1) The Secretary may plan,
develop, manage, and implement an integrated adaptive sports program for
disabled veterans and disabled members of the Armed Forces.
(2) The Secretary may award
grants to the United States Olympic Committee to carry out paragraph
(1).
.
(b)
Additional application
requirements
Subsection (c)(2) of such section is amended—
(1) in subparagraph (A), by
striking and at the end;
(2) in subparagraph (B), by
striking the period at the end and inserting ; and; and
(3) by adding at the end the
following new subparagraph:
(C) a statement that includes
a detailed description of—
(i) the anticipated
personnel, travel, and administrative costs that will be paid for by the United States Olympic Committee with funds provided under this section;
(ii) the financial controls
implemented by the United States Olympic Committee, including methods to track
expenditures of funds provided under this section;
(iii) the performance metrics
to be used by the United States Olympic Committee to evaluate the
effectiveness of the activities to be carried out with the funds provided under
this section; and
(iv) the anticipated
personnel, travel, and administrative costs that will be paid for by
subgrantees with funds provided under this
section.
.
(c)
Funding
Subsection
(g) of such section is amended by striking 2013 and inserting
2015.
(d)
Exception to
prohibition on commingling of funds
Subsection (h) of such
section is amended by inserting before the period at the end the following:
, except that funds appropriated to carry out this section may be used
by the Department to carry out subsections (a), (b), and (c) of section 322 of
this title.
(e)
Substitution of USOC in responsibility for United States Paralympics, Inc
Such section is further amended—
(1) by striking United States Paralympics, Inc., each place it appears (other than in subsection (d)) and inserting United States Olympic Committee; and
(2) in subsection (d)—
(A) in paragraph (1)—
(i) by striking United States Paralympics, Inc., with the assistance and inserting United States Olympic Committee, with the assistance; and
(ii) by striking United States Paralympics, Inc., has entered and inserting United States Olympic Committee has entered;
(B) in paragraph (4), by striking United States Paralympics, Inc. and inserting United States Olympic Committee; and
(C) in paragraph (5), by striking United States Paralympics, Inc., and inserting United States Olympic Committee.
(f)
Comptroller general
report
Such section is further amended—
(1) by redesignating
subsection (l) as subsection (m); and
(2) by inserting after
subsection (k) the following new subsection (l):
(l)
Comptroller General
report
(1) Not later than two
years after the date of the enactment of the Veterans Health and Benefits Improvement Act of
2013, the Comptroller General of the United States shall submit
to Congress a report on the use of grants, if any, awarded to the United States Olympic Committee, under this section during the two-year period preceding the
report.
(2) The report required under
paragraph (1) shall contain the following:
(A) An assessment of how the
Department, the United States Olympic Committee, and subgrantees of the United States Olympic Committee, have provided adaptive sports opportunities to
veterans and members of the Armed Forces through grants awarded under this
section.
(B) An assessment of how the
Department oversees the use of funds provided under this section by the United States Olympic Committee and subgrantees of the United States Olympic Committee.
(C) A description of the
benefit provided to veterans and members of the Armed Forces through programs
and activities developed through grants awarded under this
section.
.
(g)
Extension of
sunset
Subsection (m) of such section, as redesignated by
subsection (f) of this section, is amended by striking 2013 and
inserting 2015.
(h)
Conforming and clerical
amendments
(1)
Section heading
amendment
The heading of such section is amended to read as
follows:
521A.
Adaptive sports
programs for disabled veterans and members of the Armed Forces through the
United States Olympic Committee
.
(2)
Table of
sections
The table of sections at the beginning of chapter 5 is
amended by striking the item relating to section 521A and inserting the
following new item:
521A. Adaptive sports programs for disabled
veterans and members of the Armed Forces through the United States Olympic Committee
.
804.
Making
effective date provision consistent with provision for benefits eligibility of
a veteran's child based upon termination of remarriage by
annulment
Section 5110(l) is
amended by striking , or of an award or increase of benefits based on
recognition of a child upon termination of the child's marriage by death or
divorce,.
805.
Extended
period for scheduling of medical exams for veterans receiving temporary
disability ratings for severe mental disorders
Section 1156(a)(3) is amended by striking
six months and inserting 18 months.
806.
Authority to
issue Veterans ID Cards
(a)
Authority
(1)
In
general
The Secretary of Veterans Affairs may issue a card to a
veteran that identifies the veteran as a veteran and includes a photo of the
veteran and the name of the veteran.
(2)
No requirement for
enrollment or receipt of benefits
The Secretary may issue a card
under paragraph (1) to a veteran, whether or not such veteran is—
(A) enrolled in the system of
annual patient enrollment established under section 1705(a) of title 38, United
States Code; or
(B) in receipt of educational
assistance, compensation, or pension under laws administered by the
Secretary.
(3)
Designation
A
card issued under paragraph (1) may be known as a Veterans ID
Card.
(b)
Recognition of Veterans
ID Cards for reduced pricing of pharmaceuticals, consumer products, and
services
The Secretary may work with national retail chains that
offer reduced prices on pharmaceuticals, consumer products, and services to
veterans to ensure that such retail chains recognize cards issued under
subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals,
consumer products, and services.
(c)
Veteran
defined
In this section, the term veteran has the
meaning given the term in section 101 of title 38, United States Code.
(d)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
807.
Honoring as
veterans certain persons who performed service in the reserve components of the
Armed Forces
Any person who is
entitled under
chapter 1223 of title 10,
United States Code, to retired pay for nonregular service or, but for age,
would be entitled under such chapter to retired pay for nonregular service
shall be honored as a veteran but shall not be entitled to any benefit by
reason of this honor.
808.
Extension of
authority for Secretary of Veterans Affairs to issue and guarantee certain
loans
Section 3729(b)(2) is
amended—
(1) in subparagraph
(A)—
(A) in clause (iii), by
striking October 1, 2017 and inserting May 1,
2018; and
(B) in clause (iv), by
striking October 1, 2017 and inserting May 1,
2018;
(2) in subparagraph
(B)—
(A) in clause (i), by
striking October 1, 2017 and inserting May 1,
2018; and
(B) in clause (ii), by
striking October 1, 2017 and inserting May 1,
2018;
(3) in subparagraph
(C)—
(A) in clause (i), by
striking October 1, 2017 and inserting May 1,
2018; and
(B) in clause (ii), by
striking October 1, 2017 and inserting May 1,
2018; and
(4) in subparagraph
(D)—
(A) in clause (i), by
striking October 1, 2017 and inserting May 1,
2018; and
(B) in clause (ii), by striking October
1, 2017 and inserting May 1, 2018.
809.
Review of
determination of certain service in Philippines during World War II
(a)
In
general
The Secretary of
Veterans Affairs, in consultation with the Secretary of Defense and such
military historians as the Secretary of Defense recommends, shall review the
process used to determine whether a covered individual served in support of the
Armed Forces of the United States during World War II in accordance with
section 1002(d) of title X of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5; 38 U.S.C. 107 note) for purposes of
determining whether such covered individual is eligible for payments described
in such section.
(b)
Covered
individuals
In this section, a covered individual is any
individual who timely submitted a claim for benefits under subsection (c) of
section 1002 of title X of Division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111–5; 38 U.S.C. 107 note) based on service as
described in subsection (d) of that section.
(c)
Report
Not
later than 90 days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House of Representatives a
report detailing any findings, actions taken, or recommendations for
legislative action with respect to the review conducted under subsection
(a).
(d)
Prohibition on benefits
for disqualifying conduct under new process pursuant to review
If
pursuant to the review conducted under subsection (a) the Secretary of Veterans
Affairs determines to establish a new process for the making of payments as
described in that subsection, the process shall include mechanisms to ensure
that individuals are not treated as covered individuals for purposes of such
payments if such individuals engaged in any disqualifying conduct during
service described in that subsection, including collaboration with the enemy or
criminal conduct.
810.
Report on
Laotian military support of Armed Forces of the United States during Vietnam
War
(a)
In
general
Not later than one
year after the effective date specified in subsection (c), the Secretary of
Veterans Affairs, in consultation with the Secretary of Defense and such
agencies and individuals as the Secretary of Veterans Affairs considers
appropriate, shall submit to the appropriate committees of Congress a report
on—
(1) the extent to which Laotian military forces
provided combat support to the Armed Forces of the United States between
February 28, 1961, and May 15, 1975;
(2) whether the current classification by the
Civilian/Military Service Review Board of the Department of Defense of service
by individuals of Hmong ethnicity is appropriate; and
(3) any recommendations for legislative
action.
(b)
Appropriate committees
of Congress
In this section, the term appropriate
committees of Congress means—
(1) the Committee on Armed
Services and the Committee on Veterans' Affairs of the Senate; and
(2) the Committee on Armed
Services and the Committee on Veterans' Affairs of the House of
Representatives.
(c)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
811.
Report on
assistance for veterans in obtaining training on purchasing and operating a
franchise
(a)
Report
required
Not later than one year after the effective date
specified in subsection (c), the Secretary of Labor shall, in consultation with
the Secretary of Veterans Affairs, the Administrator of the Small Business
Administration, and other appropriate entities, submit to Congress a report on
the assistance available to veterans to obtain training necessary to purchase
and operate a franchise.
(b)
Elements
The
report required by subsection (a) shall include the following:
(1) A description of the
assistance available for veterans through the Department of Labor, the
Department of Veterans Affairs, the Small Business Administration, or any other
agency of the Federal Government in order to obtain training necessary to
purchase or operate a franchise.
(2) Information on the number
of veterans who have sought and obtained the training described in paragraph
(1) during the five calendar years preceding the report.
(3) A description of any
barriers encountered by veterans in obtaining the training described in
paragraph (1).
(c)
Effective
date
This section shall take effect on the date that is one year
after the date of the enactment of this Act.
812.
Limitation on
aggregate amount of bonuses payable to personnel of the Department of Veterans
Affairs during fiscal year 2014
The aggregate amount of bonuses and awards
payable to personnel of the Department of Veterans Affairs under chapter 45 or
53 of title 5, United States Code, or any other provision of such title, during
fiscal year 2014 may not exceed $368,000,000.
Amend the title so as to read:
A bill to improve the provision of medical services and benefits to
veterans, and for other purposes..
December 9, 2013Reported
with an amendment and an amendment to the title