[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H8995-H9019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS BENEFITS, HEALTH CARE, AND INFORMATION TECHNOLOGY ACT OF 2006
Mr. BUYER. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 3421) to authorize major medical facility projects and
major medical facility leases for the Department of Veterans Affairs
for fiscal years 2006 and 2007, and for other purposes, as amended.
The Clerk read as follows
S. 3421
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Benefits, Health Care, and Information Technology Act of
2006''.
(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--ATTORNEY REPRESENTATION MATTERS
Sec. 101. Agent or attorney representation in veterans benefits cases
before the Department of Veterans Affairs.
TITLE II--HEALTH MATTERS
Sec. 201. Additional mental health providers.
Sec. 202. Pay comparability for the Chief Nursing Officer, Office of
Nursing Services.
Sec. 203. Improvement and expansion of mental health services.
Sec. 204. Disclosure of medical records.
Sec. 205. Expansion of telehealth services.
Sec. 206. Strategic plan for long-term care.
Sec. 207. Blind rehabilitation outpatient specialists.
Sec. 208. Extension of certain compliance reports.
Sec. 209. Parkinson's Disease research, education, and clinical centers
and multiple sclerosis centers of excellence.
Sec. 210. Repeal of term of office for the Under Secretary for Health
and the Under Secretary for Benefits.
Sec. 211. Modifications to State home authorities.
Sec. 212. Office of Rural Health.
Sec. 213. Outreach program to veterans in rural areas.
Sec. 214. Pilot program on improvement of caregiver assistance
services.
Sec. 215. Expansion of outreach activities of Vet Centers.
Sec. 216. Clarification and enhancement of bereavement counseling.
Sec. 217. Funding for Vet Center program.
TITLE III--EDUCATION MATTERS
Sec. 301. Expansion of eligibility for Survivors' and Dependents'
Educational Assistance program.
Sec. 302. Restoration of lost entitlement for individuals who
discontinue a program of education because of being
ordered to full-time National Guard duty.
Sec. 303. Exception for institutions offering Government-sponsored
nonaccredited courses to requirement of refunding unused
tuition.
Sec. 304. Extension of work-study allowance.
Sec. 305. Deadline and extension of requirement for report on
educational assistance program.
Sec. 306. Report on improvement in administration of educational
assistance benefits.
Sec. 307. Technical amendments relating to education laws.
TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS
Sec. 401. Provision of Government memorial headstones or markers and
memorial inscriptions for deceased dependent children of
veterans whose remains are unavailable for burial.
Sec. 402. Provision of Government markers for marked graves of veterans
at private cemeteries.
Sec. 403. Eligibility of Indian tribal organizations for grants for the
establishment of veterans cemeteries on trust lands.
Sec. 404. Removal of remains of Russell Wayne Wagner from Arlington
National Cemetery.
TITLE V--HOUSING AND SMALL BUSINESS MATTERS
Sec. 501. Residential cooperative housing units.
Sec. 502. Department of Veterans Affairs goals for participation by
small businesses owned and controlled by veterans in
procurement contracts.
Sec. 503. Department of Veterans Affairs contracting priority for
veteran-owned small businesses.
TITLE VI--EMPLOYMENT AND TRAINING MATTERS
Sec. 601. Training of new disabled veterans' outreach program
specialists and local veterans' employment
representatives by NVTI required.
Sec. 602. Rules for part-time employment for disabled veterans'
outreach program specialists and local veterans'
employment representatives.
Sec. 603. Performance incentive awards for employment service offices.
Sec. 604. Demonstration project on credentialing and licensure of
veterans.
Sec. 605. Department of Labor implementation of regulations for
priority of service.
[[Page H8996]]
TITLE VII--HOMELESS VETERANS ASSISTANCE
Sec. 701. Reaffirmation of national goal to end homelessness among
veterans.
Sec. 702. Sense of Congress on the response of the Federal Government
to the needs of homeless veterans.
Sec. 703. Authority to make grants for comprehensive service programs
for homeless veterans.
Sec. 704. Extension of treatment and rehabilitation for seriously
mentally ill and homeless veterans.
Sec. 705. Extension of authority for transfer of properties obtained
through foreclosure of home mortgages.
Sec. 706. Extension of funding for grant program for homeless veterans
with special needs.
Sec. 707. Extension of funding for homeless veteran service provider
technical assistance program.
Sec. 708. Additional element in annual report on assistance to homeless
veterans.
Sec. 709. Advisory Committee on Homeless Veterans.
Sec. 710. Rental assistance vouchers for Veterans Affairs supported
housing program.
TITLE VIII--CONSTRUCTION MATTERS
Subtitle A--Construction and Lease Authorities
Sec. 801. Authorization of fiscal year 2006 major medical facility
projects.
Sec. 802. Extension of authorization for certain major medical facility
construction projects previously authorized in connection
with Capital Asset Realignment Initiative.
Sec. 803. Authorization of fiscal year 2007 major medical facility
projects.
Sec. 804. Authorization of advance planning and design for a major
medical facility, Charleston, South Carolina.
Sec. 805. Authorization of fiscal year 2006 major medical facility
leases.
Sec. 806. Authorization of fiscal year 2007 major medical facility
leases.
Sec. 807. Authorization of appropriations.
Subtitle B--Facilities Administration
Sec. 811. Director of Construction and Facilities Management.
Sec. 812. Increase in threshold for major medical facility projects.
Sec. 813. Land conveyance, city of Fort Thomas, Kentucky.
Subtitle C--Reports on Medical Facility Improvements
Sec. 821. Report on option for medical facility improvements in San
Juan, Puerto Rico.
Sec. 822. Business plans for enhanced access to outpatient care in
certain rural areas.
Sec. 823. Report on option for construction of Department of Veterans
Affairs Medical Center in Okaloosa County, Florida.
TITLE IX--INFORMATION SECURITY MATTERS
Sec. 901. Short title.
Sec. 902. Department of Veterans Affairs information security programs
and requirements.
Sec. 903. Information security education assistance programs.
TITLE X--OTHER MATTERS
Sec. 1001. Notice to congressional veterans committees of certain
transfers of funds.
Sec. 1002. Clarification of correctional facilities covered by certain
provisions of law.
Sec. 1003. Extension of authority for health care for participation in
DOD chemical and biological warfare testing.
Sec. 1004. Technical and clerical amendments.
Sec. 1005. Codification of cost-of-living adjustment provided in Public
Law 109-361.
Sec. 1006. Coordination of provisions with Veterans Programs Extension
Act of 2006.
SEC. 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.
TITLE I--ATTORNEY REPRESENTATION MATTERS
SEC. 101. AGENT OR ATTORNEY REPRESENTATION IN VETERANS
BENEFITS CASES BEFORE THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Qualifications and Standards of Conduct for Individuals
Recognized as Agents or Attorneys.--
(1) Additional qualifications and standards for agents and
attorneys generally.--Subsection (a) of section 5904 is
amended--
(A) by inserting ``Recognition.--(1)'' after ``(a)'';
(B) by striking ``The Secretary may recognize'' and
inserting ``Except as provided in paragraph (4), the
Secretary may recognize'';
(C) by striking the second sentence; and
(D) by adding at the end the following new paragraphs:
``(2) The Secretary shall prescribe in regulations
(consistent with the Model Rules of Professional Conduct of
the American Bar Association) qualifications and standards of
conduct for individuals recognized under this section,
including a requirement that, as a condition of being so
recognized, an individual must--
``(A) show that such individual is of good moral character
and in good repute, is qualified to render claimants valuable
service, and is otherwise competent to assist claimants in
presenting claims;
``(B) have such level of experience or specialized training
as the Secretary shall specify; and
``(C) certify to the Secretary that the individual has
satisfied any qualifications and standards prescribed by the
Secretary under this section.
``(3) The Secretary shall prescribe in regulations
requirements that each agent or attorney recognized under
this section provide annually to the Secretary information
about any court, bar, or Federal or State agency to which
such agent or attorney is admitted to practice or otherwise
authorized to appear, any relevant identification number or
numbers, and a certification by such agent or attorney that
such agent or attorney is in good standing in every
jurisdiction where the agent or attorney is admitted to
practice or otherwise authorized to appear.
``(4) The Secretary may not recognize an individual as an
agent or attorney under paragraph (1) if such individual has
been suspended or disbarred by any court, bar, or Federal or
State agency to which the individual was previously admitted
to practice and has not been subsequently reinstated.
``(5) The Secretary may prescribe in regulations reasonable
restrictions on the amount of fees that an agent or attorney
may charge a claimant for services rendered in the
preparation, presentation, and prosecution of a claim before
the Department. A fee that does not exceed 20 percent of the
past due amount of benefits awarded on a claim shall be
presumed to be reasonable.
``(6)(A) The Secretary may charge and collect an assessment
from an individual recognized as an agent or attorney under
this section in any case in which the Secretary pays to the
agent or attorney, from past-due benefits owed to a claimant
represented by the agent or attorney, an amount as a fee in
accordance with a fee arrangement between the claimant and
the agent or attorney.
``(B) The amount of an assessment under subparagraph (A)
shall be equal to five percent of the amount of the fee
required to be paid to the agent or attorney, except that the
amount of such an assessment may not exceed $100.
``(C) The Secretary may collect an assessment under
subparagraph (A) by offsetting the amount of the fee
otherwise required to be paid to the agent or attorney from
the past-due benefits owed to the claimant represented by the
agent or attorney.
``(D) An agent or attorney who is charged an assessment
under subparagraph (A) may not, directly or indirectly,
request, receive, or obtain reimbursement for such assessment
from the claimant represented by the agent or attorney.
``(E) Amounts collected under this paragraph shall be
deposited in the account available for administrative
expenses for veterans' benefits programs. Amounts so
deposited shall be merged with amounts in such account and
shall be available for the same purpose, and subject to the
same conditions and limitations, as amounts otherwise in such
account.''.
(2) Suspension of recognized representatives of veterans
service organizations.--Section 5902(b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new paragraph:
``(2) An individual recognized under this section shall be
subject to the provisions of section 5904(b) of this title on
the same basis as an individual recognized under section
5904(a) of this title.''.
(3) Suspension of individuals recognized for particular
claims.--Section 5903 is amended--
(A) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(B) by adding at the end the following new subsection:
``(b) Suspension.--An individual recognized under this
section shall be subject to the provisions of section 5904(b)
of this title on the same basis as an individual recognized
under section 5904(a) of this title.''.
(b) Additional Bases for Suspension of Individuals.--
Subsection (b) of section 5904 is amended--
(1) by inserting ``Suspension of Agents and Attorneys.--''
after ``(b)'';
(2) in paragraph (4), by striking ``or'' at the end;
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) has presented to the Secretary a frivolous claim,
issue, or argument, involving conduct inconsistent with
ethical standards for the practice of law;
``(7) has been suspended or disbarred by any court or bar
to which such agent or attorney was previously admitted to
practice, or has been disqualified from participating in or
appearing before any Federal agency, and has not been
subsequently reinstated;
``(8) has charged excessive or unreasonable fees, as
determined by the Secretary in accordance with subsection
(c)(3)(A); or
[[Page H8997]]
``(9) has failed to comply with any other condition
specified in regulations prescribed by the Secretary for
purposes of this subsection.''.
(c) Modification of Date for Commencement of Services
Subject to Fees.--
(1) Modification.--Effective as provided in subsection (h),
paragraph (1) of subsection (c) of such section is amended--
(A) by striking ``the Board of Veterans' Appeals first
makes a final decision in'' and inserting ``a notice of
disagreement is filed with respect to'';
(B) by striking the second sentence; and
(C) in the third sentence, by inserting ``fees charged,
allowed, or paid for'' before ``services provided''.
(2) Report.--Not later than 42 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report that sets forth an
assessment of the effects of allowing agents and attorneys
recognized under section 5904 of title 38, United States
Code, to charge a fee to a claimant for services rendered in
the preparation, presentation, and prosecution of a claim
before the Department of Veterans Affairs after a notice of
disagreement has been filed. Such report shall include the
recommendations of the Secretary with respect to agent and
attorney representation.
(d) Modification of Requirements To File Attorney Fee
Agreements.--Effective as provided in subsection (h),
paragraph (2) of subsection (c) of such section is amended--
(1) by striking ``after the Board first makes a final
decision in the case'' and inserting ``after a notice of
disagreement is filed with respect to the case'';
(2) by striking ``with the Board at such time as may be
specified by the Board'' and inserting ``with the Secretary
pursuant to regulations prescribed by the Secretary''; and
(3) by striking the second and third sentences.
(e) Attorney Fees.--Subsection (c) of such section is
further amended--
(1) in paragraph (1), by striking ``paragraph (3)'' and
inserting ``paragraph (4)''; and
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) The Secretary may, upon the Secretary's own motion
or at the request of the claimant, review a fee agreement
filed pursuant to paragraph (2) and may order a reduction in
the fee called for in the agreement if the Secretary finds
that the fee is excessive or unreasonable.
``(B) A finding or order of the Secretary under
subparagraph (A) may be reviewed by the Board of Veterans'
Appeals under section 7104 of this title.
``(C) If the Secretary under subsection (b) suspends or
excludes from further practice before the Department any
agent or attorney who collects or receives a fee in excess of
the amount authorized under this section, the suspension
shall continue until the agent or attorney makes full
restitution to each claimant from whom the agent or attorney
collected or received an excessive fee. If the agent or
attorney makes such restitution, the Secretary may reinstate
such agent or attorney under such rules as the Secretary may
prescribe.''.
(f) Technical and Conforming Amendments.--Subsection (d) of
such section is amended--
(1) by inserting ``Payment of Fees Out of Past-Due
Benefits.--'' after ``(d)'';
(2) by inserting ``agent or'' before ``attorney'' each
place it appears;
(3) in paragraph (1), by striking ``of this subsection''
after ``paragraph (2)'';
(4) in paragraph (2)(B), by striking ``of this paragraph''
after ``subparagraph (A)''; and
(5) in paragraph (3)--
(A) by striking ``attorneys' fee'' and inserting ``fee to
an agent or attorney''; and
(B) by striking ``of this subsection'' after ``paragraph
(1)''.
(g) Repeal of Penalty for Certain Acts.--Section 5905 is
amended by striking ``(1)'' and all that follows through
``(2)''.
(h) Effective Date.--The amendments made by subsections
(c)(1) and (d) 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 services of agents and attorneys that are
provided with respect to cases in which notices of
disagreement are filed on or after that date.
(i) Limitation on Collection of Fee Assessment.--No
assessments on fees may be collected under paragraph (6) of
section 5904(a) of title 38, United States Code (as added by
subsection (a)(1)(D) of this section), until the date on
which the Secretary of Veterans Affairs prescribes the
regulations required by the amendments made by this section.
TITLE II--HEALTH MATTERS
SEC. 201. ADDITIONAL MENTAL HEALTH PROVIDERS.
(a) Appointments.--Section 7401(3) is amended by inserting
after ``social workers,'' the following: ``marriage and
family therapists, licensed professional mental health
counselors,''.
(b) Qualifications.--Section 7402(b) is amended--
(1) by redesignating paragraph (10) as paragraph (12); and
(2) by inserting after paragraph (9) the following new
paragraphs:
``(10) Marriage and Family Therapist.--To be eligible to be
appointed to a marriage and family therapist position, a
person must--
``(A) hold a master's degree in marriage and family
therapy, or a comparable degree in mental health, from a
college or university approved by the Secretary; and
``(B) be licensed or certified to independently practice
marriage and family therapy in a State, except that the
Secretary may waive the requirement of licensure or
certification for an individual marriage and family therapist
for a reasonable period of time recommended by the Under
Secretary for Health.
``(11) Licensed Professional Mental Health Counselor.--To
be eligible to be appointed to a licensed professional mental
health counselor position, a person must--
``(A) hold a master's degree in mental health counseling,
or a related field, from a college or university approved by
the Secretary; and
``(B) be licensed or certified to independently practice
mental health counseling.''.
(c) Report on Marriage and Family Therapy Workload.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary for Health of
the Department 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 provision of treatment for
post-traumatic stress disorder by marriage and family
therapists employed by the Department of Veterans Affairs.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The actual and projected workloads in facilities of the
Veterans Readjustment Counseling Service and the Veterans
Health Administration for the provision of marriage and
family counseling for veterans diagnosed with, or otherwise
in need of treatment for, post-traumatic stress disorder.
(B) The resources available and needed to support the
projected workload described in subparagraph (A).
(C) An assessment by the Under Secretary for Health of the
effectiveness of treatment for post-traumatic stress disorder
that is provided by marriage and family therapists.
(D) Recommendations, if any, for improvements in the
provision of such treatment by such therapists.
SEC. 202. PAY COMPARABILITY FOR THE CHIEF NURSING OFFICER,
OFFICE OF NURSING SERVICES.
Section 7404 is amended--
(1) in subsection (d), by striking ``subchapter III and
in'' and inserting ``subsection (e), subchapter III, and'';
and
(2) by adding at the end the following new subsection:
``(e) The position of Chief Nursing Officer, Office of
Nursing Services, shall be exempt from the provisions of
section 7451 of this title and shall be paid at a rate
determined by the Secretary, not to exceed the maximum rate
established for the Senior Executive Service under section
5382 of title 5.''.
SEC. 203. IMPROVEMENT AND EXPANSION OF MENTAL HEALTH
SERVICES.
(a) Required Capacity for Community-Based Outpatient
Clinics.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that each community-based outpatient clinic of the
Department of Veterans Affairs has the capacity to provide,
or monitor the provision of, mental health services to
enrolled veterans who, as determined by the Secretary, are in
need of such services.
(2) Settings.--In carrying out paragraph (1), the Secretary
shall ensure that mental health services are provided
through--
(A) a community-based outpatient clinic of the Department
by an employee of the Department;
(B) referral to another facility of the Department;
(C) contract with an appropriate mental health professional
in the community; or
(D) telemental health services.
(b) Clinical Training and Protocols.--
(1) Collaboration.--The National Center on Post-Traumatic
Stress Disorder of the Department of Veterans Affairs shall
collaborate with the Secretary of Defense--
(A) to enhance the clinical skills of military clinicians
on matters relating to post-traumatic stress disorder through
training, treatment protocols, web-based interventions, and
the development of evidence-based interventions; and
(B) to promote pre-deployment resilience and post-
deployment readjustment among members of the Armed Forces
serving in Operation Iraqi Freedom and Operation Enduring
Freedom.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Department of Veterans Affairs for
fiscal year 2007 $2,000,000 to carry out this subsection.
(c) Mental Health Outreach.--The Secretary of Veterans
Affairs shall--
(1) develop additional educational materials on post-
traumatic stress disorder; and
(2) undertake additional efforts to educate veterans about
post-traumatic stress disorder.
(d) Review of PTSD Clinical Guidelines.--The Secretary of
Veterans Affairs shall--
(1) review the clinical guidelines of the Department of
Veterans Affairs on post-traumatic stress disorder and all
appropriate protocols related to post-traumatic stress
disorder;
(2) revise such guidelines and protocols as the Secretary
considers appropriate to ensure that clinicians are able to
effectively
[[Page H8998]]
distinguish between diagnoses with similar symptoms that may
manifest as post-traumatic stress disorder, including
traumatic brain injury; and
(3) develop performance measures for the treatment of post-
traumatic stress disorder among veterans.
SEC. 204. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical
Records.--Section 5701 is amended by adding at the end the
following new subsection:
``(k)(1)(A) Under regulations that the Secretary shall
prescribe, the Secretary may disclose the name and address of
any individual described in subparagraph (C) to an entity
described in subparagraph (B) in order to facilitate the
determination by such entity whether the individual is, or
after death will be, a suitable organ, tissue, or eye donor
if--
``(i) the individual is near death (as determined by the
Secretary) or is deceased; and
``(ii) the disclosure is permitted under regulations
promulgated pursuant to section 264 of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
``(B) An entity described in this subparagraph is--
``(i) an organ procurement organization, including eye and
tissue banks; or
``(ii) an entity that the Secretary has determined--
``(I) is substantially similar in function,
professionalism, and reliability to an organ procurement
organization; and
``(II) should be treated for purposes of this subsection in
the same manner as an organ procurement organization.
``(C) An individual described in this subparagraph is--
``(i) a veteran; or
``(ii) a dependent of veteran.
``(2) In this subsection, the term `organ procurement
organization' has the meaning given the term `qualified organ
procurement organization' in section 371(b) of the Public
Health Service Act (42 U.S.C. 273(b)).''.
(b) Disclosures From Certain Medical Records.--Section
7332(b)(2) is amended by adding at the end the following new
subparagraph:
``(E) To an entity described in paragraph (1)(B) of section
5701(k) of this title, but only to the extent authorized by
such section.''.
(c) Deadline for Prescribing Regulations.--The Secretary of
Veterans Affairs shall prescribe regulations under subsection
(k) of section 5701 of title 38, United States Code, as added
by subsection (a), not later than 180 days after the date of
the enactment of this Act.
SEC. 205. EXPANSION OF TELEHEALTH SERVICES.
(a) In General.--The Secretary of Veterans Affairs shall
increase the number of facilities of the Readjustment
Counseling Service that are capable of providing health
services and counseling through telehealth linkages with
facilities of the Veterans Health Administration.
(b) Plan.--Not later than July 1, 2007, 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 plan to implement the requirement in
subsection (a). The plan shall specify which facilities of
the Readjustment Counseling Service will have the
capabilities described in subsection (a) as of the end of
each of fiscal years 2007, 2008, and 2009.
SEC. 206. STRATEGIC PLAN FOR LONG-TERM CARE.
(a) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall publish a strategic plan for the provision of long-term
care by the Department of Veterans Affairs.
(b) Policies and Strategies.--The plan published under
subsection (a) shall contain policies and strategies for--
(1) the delivery of care in domiciliaries, residential
treatment facilities, and nursing homes and for seriously
mentally ill veterans;
(2) maximizing the use of State veterans homes;
(3) locating domiciliary units as close to patient
populations as feasible; and
(4) identifying freestanding nursing homes as an acceptable
care model.
(c) Data.--The plan published under subsection (a) shall
include data on--
(1) the provision of care of catastrophically disabled
veterans; and
(2) the geographic distribution of catastrophically
disabled veterans.
(d) Noninstitutional Long-Term Care Options.--The plan
published under subsection (a) shall address the spectrum of
noninstitutional long-term care options, including each of
the following:
(1) Respite care.
(2) Home-based primary care.
(3) Geriatric evaluation.
(4) Adult day health care.
(5) Skilled home health care.
(6) Community residential care.
(e) Additional Matters to Be Included.--The plan published
under subsection (a) shall provide--
(1) cost and quality comparison analyses of all the
different levels of long-term care for veterans;
(2) detailed information about geographic distribution of
services and gaps in care; and
(3) specific plans for working with Medicare, Medicaid, and
private insurance companies to expand the availability of
such care.
SEC. 207. BLIND REHABILITATION OUTPATIENT SPECIALISTS.
(a) Findings.--Congress makes the following findings:
(1) There are approximately 135,000 blind veterans
throughout the United States, including approximately 35,000
who are enrolled with the Department of Veterans Affairs. An
aging veteran population and injuries incurred in Operation
Iraqi Freedom and Operation Enduring Freedom are increasing
the number of blind veterans.
(2) Since 1996, when the Department of Veterans Affairs
hired its first 14 blind rehabilitation outpatient
specialists (referred to in this section as ``Specialists''),
Specialists have been a critical part of the continuum of
care for blind and visually impaired veterans.
(3) The Department of Veterans Affairs operates 10
residential blind rehabilitation centers that are considered
among the best in the world. These centers have had long
waiting lists, with as many as 1,500 blind veterans waiting
for openings in 2004.
(4) Specialists provide--
(A) critically needed services to veterans who are unable
to attend residential centers or are waiting to enter a
residential center program;
(B) a range of services for blind veterans, including
training with living skills, mobility, and adaptation of
manual skills; and
(C) pre-admission screening and follow-up care for blind
rehabilitation centers.
(5) There are not enough Specialist positions to meet the
increased numbers and needs of blind veterans.
(b) Establishment of Additional Specialist Positions.--Not
later than 30 months after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall establish an
additional Specialist position at not fewer than 35
additional facilities of the Department of Veterans Affairs.
(c) Selection of Facilities.--In identifying the most
appropriate facilities to receive a Specialist position under
this section, the Secretary shall--
(1) give priority to facilities with large numbers of
enrolled legally blind veterans;
(2) ensure that each facility does not have such a
position; and
(3) ensure that each facility is in need of the services of
a Specialist.
(d) Coordination.--The Secretary shall coordinate the
provision of blind rehabilitation services for veterans with
services for the care of the visually impaired offered by
State and local agencies, especially to the extent to which
such State and local agencies can provide necessary services
to blind veterans in settings located closer to the
residences of such veterans at similar quality and cost to
the veteran.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for the Department of Veterans Affairs to
carry out this section $3,500,000 for each of fiscal years
2007 through 2012.
SEC. 208. EXTENSION OF CERTAIN COMPLIANCE REPORTS.
(a) Management of Health Care.--Section 1706(b)(5)(A) is
amended by striking ``2004'' and inserting ``2008''.
(b) Advisory Committee on Women Veterans.--Section
542(c)(1) is amended by striking ``2004'' and inserting
``2008''.
SEC. 209. PARKINSON'S DISEASE RESEARCH, EDUCATION, AND
CLINICAL CENTERS AND MULTIPLE SCLEROSIS CENTERS
OF EXCELLENCE.
(a) Requirement for Establishment of Centers.--
(1) In general.--Subchapter II of chapter 73 is amended by
adding at the end the following new sections:
``Sec. 7329. Parkinson's Disease research, education, and
clinical centers
``(a) Establishment of Centers.--(1) The Secretary, upon
the recommendation of the Under Secretary for Health, shall
designate not less than six Department health-care facilities
as the locations for centers of Parkinson's Disease research,
education, and clinical activities.
``(2) Subject to the availability of appropriations for
such purpose, the Secretary shall establish and operate
centers of Parkinson's Disease research, education, and
clinical activities centers at the locations designated
pursuant to paragraph (1).
``(b) Criteria for Designation of Facilities.--(1) In
designating Department health-care facilities for centers
under subsection (a), the Secretary, upon the recommendation
of the Under Secretary for Health, shall assure appropriate
geographic distribution of such facilities.
``(2) Except as provided in paragraph (3), the Secretary
shall designate as the location for a center of Parkinson's
Disease research, education, and clinical activities pursuant
to subsection (a)(1) each Department health-care facility
that as of January 1, 2005, was operating a Parkinson's
Disease research, education, and clinical center.
``(3) The Secretary may not under subsection (a) designate
a facility described in paragraph (2) if (on the
recommendation of the Under Secretary for Health) the
Secretary determines that such facility--
``(A) does not meet the requirements of subsection (c); or
``(B) has not demonstrated--
``(i) effectiveness in carrying out the established
purposes of such center; or
``(ii) the potential to carry out such purposes effectively
in the reasonably foreseeable future.
``(c) Requirements for Designation.--(1) The Secretary may
not designate a Department health-care facility as a location
for a
[[Page H8999]]
center under subsection (a) unless the peer review panel
established under subsection (d) has determined under that
subsection that the proposal submitted by such facility as a
location for a new center under subsection (a) is among those
proposals that meet the highest competitive standards of
scientific and clinical merit.
``(2) The Secretary may not designate a Department health-
care facility as a location for a center under subsection (a)
unless the Secretary (upon the recommendation of the Under
Secretary for Health) determines that the facility has (or
may reasonably be anticipated to develop) each of the
following:
``(A) An arrangement with an accredited medical school that
provides education and training in neurology and with which
the Department health-care facility is affiliated under which
residents receive education and training in innovative
diagnosis and treatment of chronic neurodegenerative diseases
and movement disorders, including Parkinson's Disease.
``(B) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health-care research efforts.
``(C) An advisory committee composed of veterans and
appropriate health-care and research representatives of the
Department health-care facility and of the affiliated school
or schools to advise the directors of such facility and such
center on policy matters pertaining to the activities of the
center during the period of the operation of such center.
``(D) The capability to conduct effectively evaluations of
the activities of such center.
``(E) The capability to coordinate (as part of an
integrated national system) education, clinical, and research
activities within all facilities with such centers.
``(F) The capability to jointly develop a consortium of
providers with interest in treating neurodegenerative
diseases, including Parkinson's Disease and other movement
disorders, at facilities without centers established under
subsection (a) in order to ensure better access to state-of-
the-art diagnosis, care, and education for neurodegenerative
disorders throughout the health-care system of the
Department.
``(G) The capability to develop a national repository in
the health-care system of the Department for the collection
of data on health services delivered to veterans seeking care
for neurodegenerative diseases, including Parkinson's
Disease, and other movement disorders.
``(d) Peer Review Panel.--(1) The Under Secretary for
Health shall establish a panel to assess the scientific and
clinical merit of proposals that are submitted to the
Secretary for the establishment of centers under this
section.
``(2)(A) The membership of the panel shall consist of
experts in neurodegenerative diseases, including Parkinson's
Disease and other movement disorders.
``(B) Members of the panel shall serve for a period of no
longer than two years, except as specified in subparagraph
(C).
``(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half
shall be appointed for a period of two years, as designated
by the Under Secretary at the time of appointment.
``(3) The panel shall review each proposal submitted to the
panel by the Under Secretary and shall submit its views on
the relative scientific and clinical merit of each such
proposal to the Under Secretary.
``(4) The panel shall not be subject to the Federal
Advisory Committee Act.
``(e) Priority of Funding.--Before providing funds for the
operation of a center designated under subsection (a) at a
Department health-care facility other than at a facility
designated pursuant to subsection (b)(2), the Secretary shall
ensure that each Parkinson's Disease center at a facility
designated pursuant to subsection (b)(2) is receiving
adequate funding to enable that center to function
effectively in the areas of Parkinson's Disease research,
education, and clinical activities.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for the support of the research and education activities of
the centers established pursuant to subsection (a). The Under
Secretary for Health shall allocate to such centers from
other funds appropriated generally for the Department medical
services account and medical and prosthetics research
account, as appropriate, such amounts as the Under Secretary
for Health determines appropriate.
``(g) Award Competitions.--Activities of clinical and
scientific investigation at each center established under
subsection (a) shall be eligible to compete for the award of
funding from funds appropriated for the Department medical
and prosthetics research account. Such activities shall
receive priority in the award of funding from such account
insofar as funds are awarded to projects for research in
Parkinson's Disease and other movement disorders.
``Sec. 7330. Multiple sclerosis centers of excellence
``(a) Establishment of Centers.--(1) The Secretary, upon
the recommendation of the Under Secretary for Health, shall
designate not less than two Department health-care facilities
as the locations for multiple sclerosis centers of
excellence.
``(2) Subject to the availability of appropriations for
such purpose, the Secretary shall establish and operate
multiple sclerosis centers of excellence at the locations
designated pursuant to paragraph (1).
``(b) Criteria for Designation of Facilities.--(1) In
designating Department health-care facilities for centers
under subsection (a), the Secretary, upon the recommendation
of the Under Secretary for Health, shall assure appropriate
geographic distribution of such facilities.
``(2) Except as provided in paragraph (3), the Secretary
shall designate as the location for a center pursuant to
subsection (a)(1) each Department health-care facility that
as of January 1, 2005, was operating a multiple sclerosis
center of excellence.
``(3) The Secretary may not under subsection (a) designate
a facility described in paragraph (2) if (on the
recommendation of the Under Secretary for Health) the
Secretary determines that such facility--
``(A) does not meet the requirements of subsection (c); or
``(B) has not demonstrated--
``(i) effectiveness in carrying out the established
purposes of such center; or
``(ii) the potential to carry out such purposes effectively
in the reasonably foreseeable future.
``(c) Requirements for Designation.--(1) The Secretary may
not designate a Department health-care facility as a location
for a center under subsection (a) unless the peer review
panel established under subsection (d) has determined under
that subsection that the proposal submitted by such facility
as a location for a new center under subsection (a) is among
those proposals that meet the highest competitive standards
of scientific and clinical merit.
``(2) The Secretary may not designate a Department health-
care facility as a location for a center under subsection (a)
unless the Secretary (upon the recommendation of the Under
Secretary for Health) determines that the facility has (or
may reasonably be anticipated to develop) each of the
following:
``(A) An arrangement with an accredited medical school that
provides education and training in neurology and with which
the Department health-care facility is affiliated under which
residents receive education and training in innovative
diagnosis and treatment of autoimmune diseases affecting the
central nervous system, including multiple sclerosis.
``(B) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health-care research efforts.
``(C) An advisory committee composed of veterans and
appropriate health-care and research representatives of the
Department health-care facility and of the affiliated school
or schools to advise the directors of such facility and such
center on policy matters pertaining to the activities of the
center during the period of the operation of such center.
``(D) The capability to conduct effectively evaluations of
the activities of such center.
``(E) The capability to coordinate (as part of an
integrated national system) education, clinical, and research
activities within all facilities with such centers.
``(F) The capability to jointly develop a consortium of
providers with interest in treating multiple sclerosis at
facilities without such centers in order to ensure better
access to state-of-the-art diagnosis, care, and education for
autoimmune disease affecting the central nervous system
throughout the health-care system of the Department.
``(G) The capability to develop a national repository in
the health-care system of the Department for the collection
of data on health services delivered to veterans seeking care
for autoimmune disease affecting the central nervous system.
``(d) Peer Review Panel.--(1) The Under Secretary for
Health shall establish a panel to assess the scientific and
clinical merit of proposals that are submitted to the
Secretary for the establishment of centers under this
section.
``(2)(A) The membership of the panel shall consist of
experts in autoimmune disease affecting the central nervous
system.
``(B) Members of the panel shall serve for a period of no
longer than two years, except as specified in subparagraph
(C).
``(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half
shall be appointed for a period of two years, as designated
by the Under Secretary at the time of appointment.
``(3) The panel shall review each proposal submitted to the
panel by the Under Secretary and shall submit its views on
the relative scientific and clinical merit of each such
proposal to the Under Secretary.
``(4) The panel shall not be subject to the Federal
Advisory Committee Act.
``(e) Priority of Funding.--Before providing funds for the
operation of a center designated under subsection (a) at a
Department health-care facility other than at a facility
designated pursuant to subsection (b)(2), the Secretary shall
ensure that each multiple sclerosis center at a facility
designated pursuant to subsection (b)(2) is receiving
adequate funding to enable that center to function
effectively in the areas of multiple sclerosis research,
education, and clinical activities.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for the support of the research and education activities of
the centers established pursuant to subsection
[[Page H9000]]
(a). The Under Secretary for Health shall allocate to such
centers from other funds appropriated generally for the
Department medical services account and medical and
prosthetics research account, as appropriate, such amounts as
the Under Secretary for Health determines appropriate.
``(g) Award Competitions.--Activities of clinical and
scientific investigation at each center established under
subsection (a) shall be eligible to compete for the award of
funding from funds appropriated for the Department medical
and prosthetics research account. Such activities shall
receive priority in the award of funding from such account
insofar as funds are awarded to projects for research in
multiple sclerosis and other neurodegenerative disorders.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7328 the following new items:
``7329. Parkinson's Disease research, education, and clinical centers.
``7330. Multiple sclerosis centers of excellence.''.
(b) Effective Date.--Sections 7329 and 7330 of title 38,
United States Code, as added by subsection (a), shall take
effect at the end of the 30-day period beginning on the date
of the enactment of this Act.
SEC. 210. REPEAL OF TERM OF OFFICE FOR THE UNDER SECRETARY
FOR HEALTH AND THE UNDER SECRETARY FOR
BENEFITS.
(a) Under Secretary for Health.--
(1) In general.--Section 305 is amended by striking
subsection (c).
(2) Conforming amendment.--Subsection (d) of such section
is redesignated as subsection (c).
(b) Under Secretary for Benefits.--
(1) In general.--Section 306 is amended by striking
subsection (c).
(2) Conforming amendment.--Subsection (d) of such section
is redesignated as subsection (c).
SEC. 211. MODIFICATIONS TO STATE HOME AUTHORITIES.
(a) Nursing Home Care and Prescription Medications in State
Homes for Veterans With Service-Connected Disabilities.--
(1) Nursing home care.--Subchapter V of chapter 17 is
amended by adding at the end the following new section:
``Sec. 1745. Nursing home care and medications for veterans
with service-connected disabilities
``(a)(1) The Secretary shall pay each State home for
nursing home care at the rate determined under paragraph (2),
in any case in which such care is provided to any veteran as
follows:
``(A) Any veteran in need of such care for a service-
connected disability.
``(B) Any veteran who--
``(i) has a service-connected disability rated at 70
percent or more; and
``(ii) is in need of such care.
``(2) The rate determined under this paragraph with respect
to a State home is the lesser of--
``(A) the applicable or prevailing rate payable in the
geographic area in which the State home is located, as
determined by the Secretary, for nursing home care furnished
in a non-Department nursing home (as that term is defined in
section 1720(e)(2) of this title); or
``(B) a rate not to exceed the daily cost of care, as
determined by the Secretary, following a report to the
Secretary by the director of the State home.
``(3) Payment by the Secretary under paragraph (1) to a
State home for nursing home care provided to a veteran
described in that paragraph constitutes payment in full to
the State home for such care furnished to that veteran.''.
(2) Provision of prescription medicines.--Such section, as
so added, is further amended by adding at the end the
following new subsection:
``(b) The Secretary shall furnish such drugs and medicines
as may be ordered on prescription of a duly licensed
physician as specific therapy in the treatment of illness or
injury to any veteran as follows:
``(1) Any veteran who--
``(A) is not being provided nursing home care for which
payment is payable under subsection (a); and
``(B) is in need of such drugs and medicines for a service-
connected disability.
``(2) Any veteran who--
``(A) has a service-connected disability rated at 50
percent or more;
``(B) is not being provided nursing home care for which
payment is payable under subsection (a); and
``(C) is in need of such drugs and medicines.''.
(3) Conforming amendments.--
(A) Criteria for payment.--Section 1741(a)(1) is amended by
striking ``The'' and inserting ``Except as provided in
section 1745 of this title, the''.
(B) Eligibility for nursing home care.--Section 1710(a)(4)
is amended--
(i) by striking ``and'' before ``the requirement in section
1710B of this title''; and
(ii) by inserting ``, and the requirement in section 1745
of this title to provide nursing home care and prescription
medicines to veterans with service-connected disabilities in
State homes'' after ``a program of extended care services''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 17 is amended by inserting after the
item relating to section 1744 the following new item:
``1745. Nursing home care and medications for veterans with service-
connected disabilities.''.
(5) Effective date.--The amendments made by this subsection
shall take effect 90 days after the date of the enactment of
this Act.
(b) Identification of Veterans in State Homes.--Such
chapter is further amended--
(1) in section 1745, as added by subsection (a)(1) of this
section, by adding at the end the following new subsection:
``(c) Any State home that requests payment or reimbursement
for services provided to a veteran under this section shall
provide to the Secretary such information as the Secretary
considers necessary to identify each individual veteran
eligible for payment under such section.''; and
(2) in section 1741, by adding at the end the following new
subsection:
``(f) Any State home that requests payment or reimbursement
for services provided to a veteran under this section shall
provide to the Secretary such information as the Secretary
considers necessary to identify each individual veteran
eligible for payment under such section.''.
(c) Authority To Treat Certain Health Facilities as State
Homes.--
(1) Authority.--Subchapter III of chapter 81 is amended by
adding at the end the following new section:
``Sec. 8138. Treatment of certain health facilities as State
homes
``(a) The Secretary may treat a health facility (or certain
beds in a health facility) as a State home for purposes of
subchapter V of chapter 17 of this title if the following
requirements are met:
``(1) The facility (or certain beds in such facility) meets
the standards for the provision of nursing home care that are
applicable to State homes, as prescribed by the Secretary
under section 8134(b) of this title, and such other standards
relating to the facility (or certain beds in such facility)
as the Secretary may require.
``(2) The facility (or certain beds in such facility) is
licensed or certified by the appropriate State and local
agencies charged with the responsibility of licensing or
otherwise regulating or inspecting State home facilities.
``(3) The State demonstrates in an application to the
Secretary that, but for the treatment of a facility (or
certain beds in such facility), as a State home under this
subsection, a substantial number of veterans residing in the
geographic area in which the facility is located who require
nursing home care will not have access to such care.
``(4) The Secretary determines that the treatment of the
facility (or certain beds in such facility) as a State home
best meets the needs of veterans for nursing home care in the
geographic area in which the facility is located.
``(5) The Secretary approves the application submitted by
the State with respect to the facility (or certain beds in
such facility).
``(b) The Secretary may not treat a health facility (or
certain beds in a health facility) as a State home under
subsection (a) if the Secretary determines that such
treatment would increase the number of beds allocated to the
State in excess of the limit on the number of beds provided
for by regulations prescribed under section 8134(a) of this
title.
``(c) The number of beds occupied by veterans in a health
facility for which payment may be made under subchapter V of
chapter 17 of this title by reason of subsection (a) shall
not exceed--
``(1) 100 beds in the aggregate for all States; and
``(2) in the case of any State, the difference between--
``(A) the number of veterans authorized to be in beds in
State homes in such State under regulations prescribed under
section 8134(a) of this title; and
``(B) the number of veterans actually in beds in State
homes (other than facilities or certain beds treated as State
homes under subsection (a)) in such State under regulations
prescribed under such section.
``(d) The number of beds in a health facility in a State
that has been treated as a State home under subsection (a)
shall be taken into account in determining the unmet need for
beds for State homes for the State under section 8134(d)(1)
of this title.
``(e) The Secretary may not treat any new health facilities
(or any new certain beds in a health facility) as a State
home under subsection (a) after September 30, 2009.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8137 the following new item:
``8138. Treatment of certain health facilities as State homes.''.
SEC. 212. OFFICE OF RURAL HEALTH.
(a) In General.--
(1) Establishment and functions.--Chapter 73 is amended by
inserting after section 7307 the following new section:
``Sec. 7308. Office of Rural Health
``(a) Establishment.--There is established in the
Department within the Office of the Under Secretary for
Health an office to be known as the `Office of Rural Health'
(in this section referred to as the `Office').
``(b) Head.--The Director of the Office of Rural Health
shall be the head of the Office. The Director of the Office
of Rural Health shall be appointed by the Under Secretary of
Health from among individuals qualified to perform the duties
of the position.
[[Page H9001]]
``(c) Functions.--The functions of the Office are as
follows:
``(1) In cooperation with the medical, rehabilitation,
health services, and cooperative studies research programs in
the Office of Policy and the Office of Research and
Development of the Veterans Health Administration, to assist
the Under Secretary for Health in conducting, coordinating,
promoting, and disseminating research into issues affecting
veterans living in rural areas.
``(2) To work with all personnel and offices of the
Department of Veterans Affairs to develop, refine, and
promulgate policies, best practices, lessons learned, and
innovative and successful programs to improve care and
services for veterans who reside in rural areas of the United
States.
``(3) To designate in each Veterans Integrated Service
Network (VISN) an individual who shall consult on and
coordinate the discharge in such Network of programs and
activities of the Office for veterans who reside in rural
areas of the United States.
``(4) To perform such other functions and duties as the
Secretary or the Under Secretary for Health considers
appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7307 the following new item:
``7308. Office of Rural Health.''.
(b) Assessment of Fee-Basis Health-Care Program.--The
Director of the Office of Rural Health shall conduct an
assessment of the effects of the implementation of the fee-
basis health-care program of the Veterans Health
Administration on the delivery of health-care services to
veterans who reside in rural areas of the United States. The
assessment shall be conducted in consultation with the
individuals designated under subsection (c)(3) of section
7308 of title 38, United States Code, as added by subsection
(a). In conducting the assessment, the Director shall--
(1) identify various mechanisms for expanding the program
in order to enhance and improve health-care services for such
veterans and determine the feasibility and advisability of
implementing such mechanisms; and
(2) for each mechanism determined under paragraph (1) to be
feasible and advisable to implement, make recommendations to
the Under Secretary for Health on the implementation of such
mechanism.
(c) Plan to Improve Access and Quality of Care.--Not later
than September 30, 2007, the Director of the Office of Rural
Health shall develop a plan to improve the access and quality
of care for enrolled veterans in rural areas. The plan shall
include--
(1) measures for meeting the long term care needs of rural
veterans; and
(2) measures for meeting the mental health needs of
veterans residing in rural areas.
(d) Report on Community-Based Outpatient Clinics and Access
Points Identified in CARES May 2004 Decision Document.-- Not
later than March 30, 2007, 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 that--
(1) identifies each of the community based outpatient
clinics and access points identified in the May 2004 Decision
Document of Capital Asset Realignment for Enhanced Services
(CARES) that have been opened; and
(2) identifies each of the clinics and access points
identified in such report that would be opened in fiscal year
2007 or 2008 if funding were available for such purpose.
SEC. 213. OUTREACH PROGRAM TO VETERANS IN RURAL AREAS.
(a) Program.--The Secretary of Veterans Affairs shall
conduct an extensive outreach program to identify and provide
information to veterans who served in the theater of
operations for Operation Iraqi Freedom or Operation Enduring
Freedom and who reside in rural communities in order to
enroll those veterans in the health-care system of the
Department of Veterans Affairs during the period when they
are eligible for such enrollment.
(b) Features of Program.--In carrying out the program under
subsection (a), the Secretary shall seek to work at the local
level with employers, State agencies, community health
centers located in rural areas, rural health clinics, and
critical access hospitals located in rural areas, and units
of the National Guard and other reserve components based in
rural areas, in order to increase the awareness of veterans
and their families of the availability of health care
provided by the Secretary and the means by which those
veterans can achieve access to the health-care services
provided by the Department of Veterans Affairs.
SEC. 214. PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER
ASSISTANCE SERVICES.
(a) In General.--Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a pilot program to assess
the feasibility and advisability of various mechanisms to
expand and improve caregiver assistance services.
(b) Duration of Pilot Program.--The pilot program required
by subsection (a) shall be carried out during the two-year
period beginning on the date of the commencement of the pilot
program.
(c) Caregiver Assistance Services.--For purposes of this
section, the term ``caregiver assistance services'' means
services of the Department of Veterans Affairs that assist
caregivers of veterans. Such services including the
following:
(1) Adult-day health care services.
(2) Coordination of services needed by veterans, including
services for readjustment and rehabilitation.
(3) Transportation services.
(4) Caregiver support services, including education,
training, and certification of family members in caregiver
activities.
(5) Home care services.
(6) Respite care.
(7) Hospice services.
(8) Any modalities of non-institutional long-term care.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Veterans Affairs
$5,000,000 for each of fiscal years 2007 and 2008 to carry
out the pilot program authorized by this section.
(e) Allocation of Funds to Facilities.--The Secretary shall
allocate funds appropriated pursuant to the authorization of
appropriations in subsection (d) to individual medical
facilities of the Department in such amounts as the Secretary
determines appropriate, based upon proposals submitted by
such facilities for the use of such funds for improvements to
the support of the provision of caregiver assistance
services. Special consideration should be given to rural
facilities, including those without a long-term care facility
of the Department.
(f) 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 the implementation of this
section. The report shall include--
(1) a description and assessment of the activities carried
out under the pilot program;
(2) information on the allocation of funds to facilities of
the Department under subsection (e); and
(3) a description of the improvements made with funds so
allocated to the support of the provision of caregiver
assistance services.
SEC. 215. EXPANSION OF OUTREACH ACTIVITIES OF VET CENTERS.
(a) Additional Outreach Workers.--The Secretary of Veterans
Affairs shall employ not fewer than 100 veterans for the
purpose of providing outreach to veterans on the availability
of readjustment counseling and related mental health services
for veterans under section 1712A of title 38, United States
Code.
(b) Construction With Current Outreach Program.--The
veterans employed under subsection (a) are in addition to any
veterans employed by the Secretary for the purpose described
in that subsection under the February 2004 program of the
Department of Veterans Affairs to provide outreach described
in that subsection.
(c) Assignment to Vet Centers.--The Secretary may assign
any veteran employed under subsection (a) to any center for
the provision of readjustment counseling and related mental
health services under section 1712A of title 38, United
States Code, that the Secretary considers appropriate in
order to meet the purpose described in that subsection.
(d) Inapplicability and Termination of Limitation on
Duration of Employment.--Any limitation on the duration of
employment of veterans under the program described in
subsection (b) is hereby terminated and shall not apply to
veterans employed under such program or under this section.
(e) Employment Status.--Veterans employed under subsection
(a) shall be employed in career conditional status, which is
the employment status in which veterans are employed under
the program described in subsection (b).
SEC. 216. CLARIFICATION AND ENHANCEMENT OF BEREAVEMENT
COUNSELING.
(a) Clarification of Members of Immediate Family Eligible
for Counseling.--Subsection (b) of section 1783 is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this subsection, the members of the
immediate family of a member of the Armed Forces described in
paragraph (1) include the parents of such member.''.
(b) Provision of Counseling Through Vet Centers.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Provision of Counseling Through Vet Centers.--
Bereavement counseling may be provided under this section
through the facilities and personnel of centers for the
provision of readjustment counseling and related mental
health services under section 1712A of this title.''.
SEC. 217. FUNDING FOR VET CENTER PROGRAM.
There are authorized to be appropriated to the Department
of Veterans Affairs for fiscal year 2007 $180,000,000 for the
provision of readjustment counseling and related mental
health services through centers under section 1712A of title
38, United States Code.
TITLE III--EDUCATION MATTERS
SEC. 301. EXPANSION OF ELIGIBILITY FOR SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM.
(a) Expansion of Eligibility.--Section 3501(a)(1) is
amended--
[[Page H9002]]
(1) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means any of the following:'';
(2) in each of subparagraphs (A) through (D), by
capitalizing the first letter of the first word;
(3) in subparagraph (A)--
(A) by inserting after ``a person who'' the following: ``,
as a result of qualifying service'';
(B) by striking the comma at the end of clause (i) and
inserting ``; or'';
(C) by striking ``, or'' at the end of clause (ii) and
inserting a period; and
(D) by striking clause (iii);
(4) in subparagraph (B) by striking the comma at the end
and inserting the following: ``sustained during a period of
qualifying service.'';
(5) in subparagraph (C)--
(A) by inserting ``or child'' after ``the spouse''; and
(B) by striking ``, or'' at the end and inserting a period;
(6) in subparagraph (D)--
(A) in clause (i), by inserting before the comma the
following: ``sustained during a period of qualifying
service''; and
(B) by striking the comma at the end and inserting a
period;
(7) by inserting after subparagraph (D) the following new
subparagraph:
``(E) The spouse or child of a person who--
``(i) at the time of the Secretary's determination under
clause (ii), is a member of the Armed Forces who is
hospitalized or receiving outpatient medical care, services,
or treatment;
``(ii) the Secretary determines has a total disability
permanent in nature incurred or aggravated in the line of
duty in the active military, naval, or air service; and
``(iii) is likely to be discharged or released from such
service for such disability.''; and
(8) by striking ``arising out of'' and all that follows
through the end.
(b) Conforming Amendments to Chapter 35.--Chapter 35 is
amended as follows:
(1) Section 3501(a) is amended by adding at the end the
following new paragraph:
``(12) The term `qualifying service' means service in the
active military, naval, or air service after the beginning of
the Spanish-American War that did not terminate under
dishonorable conditions.''.
(2) Section 3511 is amended--
(A) in subsection (a)(1)--
(i) by striking ``Each eligible person'' and inserting the
following: ``Each eligible person, whether made eligible by
one or more of the provisions of section 3501(a)(1) of this
title,'';
(ii) by striking ``a period'' and inserting ``an aggregate
period''; and
(iii) by striking the second sentence;
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking ``the provisions of section
3501(a)(1)(A)(iii) or'' and inserting ``section''; and
(II) by striking ``or'' at the end;
(ii) in paragraph (3)--
(I) by striking ``section 3501(a)(1)(D)'' and inserting
``subparagraph (D) or (E) of section 3501(a)(1)''; and
(II) by inserting ``or'' after the comma at the end; and
(iii) by inserting after paragraph (3) the following new
paragraph:
``(4) the parent or spouse from whom such eligibility is
derived based upon subparagraph (E) of section 3501(a)(1) of
this title no longer meets a requirement under clause (i),
(ii), or (iii) of that subparagraph,''; and
(C) by striking subsection (c).
(3) Section 3512 is amended--
(A) in subsection (a)--
(i) by striking ``an eligible person (within the meaning of
section 3501(a)(1)(A) of this title)'' and inserting ``an
eligible person whose eligibility is based on the death or
disability of a parent or on a parent being listed in one of
the categories referred to in section 3501(a)(1)(C) of this
title''; and
(ii) in paragraph (6), by striking ``the provisions of
section 3501(a)(1)(A)(iii)'' and inserting ``a parent being
listed in one of the categories referred to in section
3501(a)(1)(C)'';
(B) in subsection (b)--
(i) in paragraph (1)(A)--
(I) by inserting after ``section 3501(a)(1) of this title''
the following: ``or a person made eligible by the disability
of a spouse under section 3501(a)(1)(E) of this title''; and
(II) by striking ``or 3501(a)(1)(D)(ii) of this title'' and
inserting ``3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this
title'';
(ii) in paragraph (1)(B), by adding at the end the
following new clause:
``(iii) The date on which the Secretary notifies the member
of the Armed Forces from whom eligibility is derived that the
member has a total disability permanent in nature incurred or
aggravated in the line of duty in the active military, naval,
or air service.''; and
(iii) in paragraph (2)--
(I) by striking ``or (D) of this title'' and inserting
``(D), or (E) of this title''; and
(II) by inserting ``whose eligibility is based on the death
or disability of a spouse or on a spouse being listed in one
of the categories referred to in section 3501(a)(1)(C) of
this title'' after ``of this title)'';
(C) in subsection (d), by striking ``veteran'' and
inserting ``person''; and
(D) in subsection (e)--
(i) by inserting ``based on a spouse being listed in one of
the categories referred to in section 3501(a)(1)(C) of this
title'' after ``of this title'';
(ii) by inserting ``so'' after ``the spouse was''; and
(iii) by striking ``by the Secretary'' and all that follows
through ``occurs''.
(4) Section 3540 is amended by striking ``(as defined in
subparagraphs (A), (B), and (D) of section 3501(a)(1) of this
title)'' and inserting ``(other than a person made eligible
under subparagraph (C) of such section by reason of a spouse
being listed in one of the categories referred to in that
subparagraph)''.
(5) Section 3563 is amended by striking ``each eligible
person defined in section 3501(a)(1)(A) of this title'' and
inserting ``each eligible person whose eligibility is based
on the death or disability of a parent or on a parent being
listed in one of the categories referred to in section
3501(a)(1)(C) of this title''.
(c) Other Conforming Amendments.--Such title is further
amended as follows:
(1) Section 3686(a)(1) is amended by striking ``or (D)''
and inserting ``(D), or (E)''.
(2) Section 5113(b)(3) is amended--
(A) in subparagraph (B) by striking ``section 3501(a)(1)''
and all that follows through the end and inserting the
following: ``subparagraphs (A), (B), (D), and (E) of section
3501(a)(1) of this title.''; and
(B) in subparagraph (C)--
(i) by striking ``such veteran's death'' and inserting
``the death of the person from whom such eligibility is
derived''; and
(ii) by striking ``such veteran's service-connected total
disability permanent in nature'' and inserting ``the service-
connected total disability permanent in nature (or, in the
case of a person made eligible under section 3501(a)(1)(E),
the total disability permanent in nature incurred or
aggravated in the line of duty in the active military, naval,
or air service) of the person from whom such eligibility is
derived''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to a payment of educational
assistance for a course of education pursued after the date
of the enactment of this Act.
SEC. 302. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO
DISCONTINUE A PROGRAM OF EDUCATION BECAUSE OF
BEING ORDERED TO FULL-TIME NATIONAL GUARD DUTY.
(a) Restoration of Entitlement.--Section 3511(a)(2)(B)(i)
is amended by inserting after ``title 10'' the following:
``or of being involuntarily ordered to full-time National
Guard duty under section 502(f) of title 32''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a payment of educational
assistance allowance made after September 11, 2001.
SEC. 303. EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-
SPONSORED NONACCREDITED COURSES TO REQUIREMENT
OF REFUNDING UNUSED TUITION.
Section 3676(c)(13) is amended by striking ``prior to
completion'' and all that follows and inserting the
following: ``before completion and--
``(A) in the case of an institution (other than (i) a
Federal, State, or local Government institution or (ii) an
institution described in subparagraph (B)), such policy
provides that the amount charged to the eligible person for
tuition, fees, and other charges for a portion of the course
shall not exceed the approximate pro rata portion of the
total charges for tuition, fees, and other charges that the
length of the completed portion of the course bears to its
total length; or
``(B) in the case of an institution that is a nonaccredited
public educational institution, the institution has and
maintains a refund policy regarding the unused portion of
tuition, fees, and other charges that is substantially the
same as the refund policy followed by accredited public
educational institutions located within the same State as
such institution.''.
SEC. 304. EXTENSION OF WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ``December 27,
2006'' each place it appears and inserting ``June 30, 2007''.
SEC. 305. DEADLINE AND EXTENSION OF REQUIREMENT FOR REPORT ON
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Deadline.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall each submit to Congress a
report containing the information specified in subsections
(b) and (c) of section 3036 of title 38, United States Code.
(b) Extension of Requirement.--Subsection (d) of section
3036 of title 38, United States Code, is amended by striking
``January 1, 2005'' and inserting ``January 1, 2011''.
SEC. 306. REPORT ON IMPROVEMENT IN ADMINISTRATION OF
EDUCATIONAL ASSISTANCE BENEFITS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the administration of education
benefits, including benefits under chapters 30, 31, 32, 34,
35, and 36 of title 38, United States Code, and chapters 1606
and 1607 of title 10, United States Code. Such report shall
propose methods to streamline the processes and procedures of
administering such benefits.
SEC. 307. TECHNICAL AMENDMENTS RELATING TO EDUCATION LAWS.
Section 3485 is amended--
(1) in subsection (a)(4)(E), by inserting ``or 1607'' after
``chapter 1606'';
(2) in subsection (b), by striking ``chapter 106'' and
inserting ``chapter 1606 or 1607''; and
[[Page H9003]]
(3) in subsection (e)(1)--
(A) by striking ``services of the kind described in clauses
(A) through (E) of subsection (a)(1) of this section'' and
inserting ``a qualifying work-study activity described in
subsection (a)(4)''; and
(B) by striking ``chapter 106'' and inserting ``chapter
1606 or 1607''.
TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS
SEC. 401. PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR
MARKERS AND MEMORIAL INSCRIPTIONS FOR DECEASED
DEPENDENT CHILDREN OF VETERANS WHOSE REMAINS
ARE UNAVAILABLE FOR BURIAL.
(a) Provision of Memorial Headstones or Markers.--
Subsection (b) of section 2306 is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) An eligible dependent child of a veteran.''; and
(2) by adding at the end the following new paragraph:
``(5) For purposes of this section, the term `eligible
dependent child' means a child--
``(A) who is under 21 years of age, or under 23 years of
age if pursuing a course of instruction at an approved
educational institution; or
``(B) who is unmarried and became permanently physically or
mentally disabled and incapable of self-support before
reaching 21 years of age, or before reaching 23 years of age
if pursuing a course of instruction at an approved
educational institution.''.
(b) Addition of Memorial Inscription to Headstone or Marker
of Veteran.--Subsection (f) of such section is amended by
inserting ``or eligible dependent child'' after ``surviving
spouse'' both places it appears.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to individuals dying after
the date of the enactment of this Act.
SEC. 402. PROVISION OF GOVERNMENT MARKERS FOR MARKED GRAVES
OF VETERANS AT PRIVATE CEMETERIES.
(a) Extension of Authority.--Paragraph (3) of subsection
(d) of section 2306 is amended by striking ``December 31,
2006'' and inserting ``December 31, 2007''.
(b) Provision of Headstone or Marker.--
(1) In general.--Such subsection is further amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``Government
marker'' and inserting ``Government headstone or marker'';
and
(ii) in the second sentence, by inserting ``headstone or''
before ``marker'' each place it appears; and
(B) in paragraph (2), by inserting ``headstone or'' before
``marker''.
(2) Conforming amendment.--Subsection (g)(3) of such
section is amended by inserting ``headstone or'' before
``marker''.
(c) Placement of Headstone or Marker.--The second sentence
of subsection (d)(1) of such section, as amended by
subsection (b)(1)(A)(ii), is further amended by inserting
before the period the following: ``, or, if placement on the
grave is impossible or impracticable, as close as possible to
the grave within the grounds of the cemetery in which the
grave is located''.
(d) Delivery of Headstone or Marker.--Subsection (d)(2) of
such section, as amended by subsection (b)(1)(B), is further
amended by inserting before the period the following: ``or to
a receiving agent for delivery to the cemetery''.
(e) Repeal of Obsolete Report Requirement.--Subsection (d)
of such section is further amended by striking paragraph (4).
(f) Scope of Headstones and Markers Furnished.--Subsection
(d) of such section is further amended by inserting after
paragraph (3) the following new paragraph (4):
``(4) The headstone or marker furnished under this
subsection shall be the headstone or marker selected by the
individual making the request from among all the headstones
and markers made available by the Government for
selection.''.
SEC. 403. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR
GRANTS FOR THE ESTABLISHMENT OF VETERANS
CEMETERIES ON TRUST LANDS.
Section 2408 is amended by adding at the end the following
new subsection:
``(f)(1) The Secretary may make grants under this
subsection to any tribal organization to assist the tribal
organization in establishing, expanding, or improving
veterans' cemeteries on trust land owned by, or held in trust
for, the tribal organization.
``(2) Grants under this subsection shall be made in the
same manner, and under the same conditions, as grants to
States are made under the preceding provisions of this
section.
``(3) For purposes of this subsection:
``(A) The term `tribal organization' has the meaning given
that term in section 3765(4) of this title.
``(B) The term `trust land' has the meaning given that term
in section 3765(1) of this title.''.
SEC. 404. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM
ARLINGTON NATIONAL CEMETERY.
(a) Removal of Remains.--The Secretary of the Army shall
remove the remains of Russell Wayne Wagner from Arlington
National Cemetery.
(b) Notification of Next-of-Kin.--The Secretary of the Army
shall--
(1) notify the next-of-kin of record for Russell Wayne
Wagner of the impending removal of his remains; and
(2) upon removal, relinquish the remains to the next-of-kin
of record for Russell Wayne Wagner or, if the next-of-kin of
record for Russell Wayne Wagner is unavailable, arrange for
an appropriate disposition of the remains.
TITLE V--HOUSING AND SMALL BUSINESS MATTERS
SEC. 501. RESIDENTIAL COOPERATIVE HOUSING UNITS.
(a) Housing Benefits for Cooperative Housing Units.--
Subsection (a) of section 3710 is amended by inserting after
paragraph (11) the following new paragraph:
``(12) With respect to a loan guaranteed after the date of
the enactment of this paragraph and before the date that is
five years after that date, to purchase stock or membership
in a cooperative housing corporation for the purpose of
entitling the veteran to occupy for dwelling purposes a
single family residential unit in a development, project, or
structure owned or leased by such corporation, in accordance
with subsection (h).''.
(b) Conditions of Housing Benefits for Cooperative Housing
Units.--Such section is further amended by adding at the end
the following new subsection:
``(h)(1) A loan may not be guaranteed under subsection
(a)(12) unless--
``(A) the development, project, or structure of the
cooperative housing corporation complies with such criteria
as the Secretary prescribes in regulations; and
``(B) the dwelling unit that the purchase of stock or
membership in the development, project, or structure of the
cooperative housing corporation entitles the purchaser to
occupy is a single family residential unit.
``(2) In this subsection, the term `cooperative housing
corporation' has the meaning given such term in section
216(b)(1) of the Internal Revenue Code of 1986.
``(3) When applying the term `value of the property' to a
loan guaranteed under subsection (a)(12), such term means the
appraised value of the stock or membership entitling the
purchaser to the permanent occupancy of the dwelling unit in
the development, project, or structure of the cooperative
housing corporation.''.
SEC. 502. DEPARTMENT OF VETERANS AFFAIRS GOALS FOR
PARTICIPATION BY SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS IN PROCUREMENT
CONTRACTS.
(a) Goals.--
(1) In general.--Subchapter II of chapter 81 is amended by
adding at the end the following new section:
``Sec. 8127. Small business concerns owned and controlled by
veterans: contracting goals and preferences
``(a) Contracting Goals.--(1) In order to increase
contracting opportunities for small business concerns owned
and controlled by veterans and small business concerns owned
and controlled by veterans with service-connected
disabilities, the Secretary shall--
``(A) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and controlled
by veterans who are not veterans with service-connected
disabilities in accordance with paragraph (2); and
``(B) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and controlled
by veterans with service-connected disabilities in accordance
with paragraph (3).
``(2) The goal for a fiscal year for participation under
paragraph (1)(A) shall be determined by the Secretary.
``(3) The goal for a fiscal year for participation under
paragraph (1)(B) shall be not less than the Government-wide
goal for that fiscal year for participation by small business
concerns owned and controlled by veterans with service-
connected disabilities under section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)).
``(4) The Secretary shall establish a review mechanism to
ensure that, in the case of a subcontract of a Department
contract that is counted for purposes of meeting a goal
established pursuant to this section, the subcontract was
actually awarded to a business concern that may be counted
for purposes of meeting that goal.
``(b) Use of Noncompetitive Procedures for Certain Small
Contracts.--For purposes of meeting the goals under
subsection (a), and in accordance with this section, in
entering into a contract with a small business concern owned
and controlled by veterans for an amount less than the
simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403)), a contracting officer of the Department may use
procedures other than competitive procedures.
``(c) Sole Source Contracts for Contracts Above Simplified
Acquisition Threshold.--For purposes of meeting the goals
under subsection (a), and in accordance with this section, a
contracting officer of the Department may award a contract to
a small business concern owned and controlled by veterans
using procedures other than competitive procedures if--
``(1) such concern is determined to be a responsible source
with respect to performance of such contract opportunity;
``(2) the anticipated award price of the contract
(including options) will exceed the simplified acquisition
threshold (as defined in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) but will not exceed
$5,000,000; and
[[Page H9004]]
``(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price
that offers best value to the United States.
``(d) Use of Restricted Competition.--Except as provided in
subsections (b) and (c), for purposes of meeting the goals
under subsection (a), and in accordance with this section, a
contracting officer of the Department shall award contracts
on the basis of competition restricted to small business
concerns owned and controlled by veterans if the contracting
officer has a reasonable expectation that two or more small
business concerns owned and controlled by veterans will
submit offers and that the award can be made at a fair and
reasonable price that offers best value to the United States.
``(e) Eligibility of Small Business Concerns.--A small
business concern may be awarded a contract under this section
only if the small business concern and the veteran owner of
the small business concern are listed in the database of
veteran-owned businesses maintained by the Secretary under
subsection (f).
``(f) Database of Veteran-Owned Businesses.--(1) Subject to
paragraphs (2) through (6), the Secretary shall maintain a
database of small business concerns owned and controlled by
veterans and the veteran owners of such business concerns.
``(2) To be eligible for inclusion in the database, such a
veteran shall submit to the Secretary such information as the
Secretary may require with respect to the small business
concern or the veteran.
``(3) Information maintained in the database shall be
submitted on a voluntary basis by such veterans.
``(4) In maintaining the database, the Secretary shall
carry out at least the following two verification functions:
``(A) Verification that each small business concern listed
in the database is owned and controlled by veterans.
``(B) In the case of a veteran who indicates a service-
connected disability, verification of the service-disabled
status of such veteran.
``(5) The Secretary shall make the database available to
all Federal departments and agencies and shall notify each
such department and agency of the availability of the
database.
``(6) If the Secretary determines that the public
dissemination of certain types of information maintained in
the database is inappropriate, the Secretary shall take such
steps as are necessary to maintain such types of information
in a secure and confidential manner.
``(g) Enforcement Penalties for Misrepresentation.--Any
business concern that is determined by the Secretary to have
misrepresented the status of that concern as a small business
concern owned and controlled by veterans or as a small
business concern owned and controlled by service-disabled
veterans for purposes of this subsection shall be debarred
from contracting with the Department for a reasonable period
of time, as determined by the Secretary.
``(h) Treatment of Businesses After Death of Veteran-
Owner.--(1) Subject to paragraph (3), if the death of a
veteran causes a small business concern to be less than 51
percent owned by one or more veterans, the surviving spouse
of such veteran who acquires ownership rights in such small
business concern shall, for the period described in paragraph
(2), be treated as if the surviving spouse were that veteran
for the purpose of maintaining the status of the small
business concern as a small business concern owned and
controlled by veterans.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the veteran dies and ending on
the earliest of the following dates:
``(A) The date on which the surviving spouse remarries.
``(B) The date on which the surviving spouse relinquishes
an ownership interest in the small business concern.
``(C) The date that is ten years after the date of the
veteran's death.
``(3) Paragraph (1) only applies to 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.
``(i) Priority for Contracting Preferences.--Preferences
for awarding contracts to small business concerns shall be
applied in the following order of priority:
``(1) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by
veterans with service-connected disabilities.
``(2) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by
veterans that are not covered by paragraph (1).
``(3) Contracts awarded pursuant to--
``(A) section 8(a) of the Small Business Act (15 U.S.C.
637(a)); or
``(B) section 31 of such Act (15 U.S.C. 657a).
``(4) Contracts awarded pursuant to any other small
business contracting preference.
``(j) Annual Reports.--Not later than December 31 each
year, the Secretary shall submit to Congress a report on
small business contracting during the fiscal year ending in
such year. Each report shall include, for the fiscal year
covered by such report, the following:
``(1) The percentage of the total amount of all contracts
awarded by the Department during that fiscal year that were
awarded to small business concerns owned and controlled by
veterans.
``(2) The percentage of the total amount of all such
contracts awarded to small business concerns owned and
controlled by veterans with service-connected disabilities.
``(3) The percentage of the total amount of all contracts
awarded by each Administration of the Department during that
fiscal year that were awarded to small business concerns
owned and controlled by veterans.
``(4) The percentage of the total amount of all contracts
awarded by each such Administration during that fiscal year
that were awarded to small business concerns owned and
controlled by veterans with service-connected disabilities.
``(k) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' means a small business concern--
``(A)(i) not less than 51 percent of which is owned by one
or more veterans or, in the case of a publicly owned
business, not less than 51 percent of the stock of which is
owned by one or more veterans; and
``(ii) the management and daily business operations of
which are controlled by one or more veterans; or
``(B) not less than 51 percent of which is owned by one or
more veterans with service-connected disabilities that are
permanent and total who are unable to manage the daily
business operations of such concern or, in the case of a
publicly owned business, not less than 51 percent of the
stock of which is owned by one or more such veterans.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8126 the following new item:
``8127. Small business concerns owned and controlled by veterans:
contracting goals and preferences.''.
(b) Transition Rule.--A small business concern that is
listed in any small business database maintained by the
Secretary of Veterans Affairs on the date of the enactment of
this Act shall be presumed to be eligible for inclusion in
the database under subsection (f) of section 8127 of title
38, United States Code, as added by subsection (a), during
the period beginning on the effective date of that section
and ending one year after such effective date. Such a small
business concern may be removed from the database during that
period if it is found not to be a small business concern
owned and controlled by veterans (as defined in subsection
(k) of such section).
(c) Comptroller General Study and Report.--
(1) Study required.--During the first three fiscal years
for which this section is in effect, the Comptroller General
shall conduct a study on the efforts made by the Secretary of
Veterans Affairs to meet the contracting goals established
pursuant to section 8127 of title 38, United States Code, as
added by subsection (a).
(2) Information to congress on study.--On or before January
31 of each year during which the Comptroller General conducts
the study under paragraph (1), the Comptroller General shall
brief Congress on such study, placing special emphasis on any
structural or organizational issues within the Department of
Veterans Affairs that might act as an impediment to reaching
such contracting goals.
(3) Report.--Not later than 180 days after the end of the
three-year period during which the Comptroller General
conducts the study under paragraph (1), the Comptroller
General shall submit to Congress a report on the findings of
such study.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 180
days after the date of the enactment of this Act.
SEC. 503. DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PRIORITY
FOR VETERAN-OWNED SMALL BUSINESSES.
(a) Priority for Veteran-Owned Small Businesses.--
(1) In general.--Subchapter II of chapter 81, as amended by
section 502 of this Act, is further amended by adding at the
end the following new section:
``Sec. 8128. Small business concerns owned and controlled by
veterans: contracting priority
``(a) Contracting Priority.--In procuring goods and
services pursuant to a contracting preference under this
title or any other provision of law, the Secretary shall give
priority to a small business concern owned and controlled by
veterans, if such business concern also meets the
requirements of that contracting preference.
``(b) Definition.--For purposes of this section, the term
`small business concern owned and controlled by veterans'
means a small business concern that is included in the small
business database maintained by the Secretary under section
8127(f) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as so amended, is further amended
by inserting after the item relating to section 8127 the
following new item:
``8128. Small business concerns owned and controlled by veterans:
contracting priority.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 180
days after the date of the enactment of this Act.
[[Page H9005]]
TITLE VI--EMPLOYMENT AND TRAINING MATTERS
SEC. 601. TRAINING OF NEW DISABLED VETERANS' OUTREACH PROGRAM
SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT
REPRESENTATIVES BY NVTI REQUIRED.
(a) Training Required.--Section 4102A(c) is amended by
adding at the end the following new paragraph:
``(8)(A) As a condition of a grant or contract under which
funds are made available to a State in order to carry out
section 4103A or 4104 of this title, the Secretary shall
require the State to require each employee hired by the State
who is assigned to perform the duties of a disabled veterans'
outreach program specialist or a local veterans' employment
representative under this chapter to satisfactorily complete
training provided by the National Veterans' Employment and
Training Services Institute during the three-year period that
begins on the date on which the employee is so assigned.
``(B) For any employee described in subparagraph (A) who
does not complete such training during such period, the
Secretary may reduce by an appropriate amount the amount made
available to the State employing that employee.
``(C) The Secretary may establish such reasonable
exceptions to the completion of training otherwise required
under subparagraph (A) as the Secretary considers
appropriate.''.
(b) Submission of Employee Training Information Required.--
Section 4102A(c)(2)(A) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new clause
(iii):
``(iii) For each employee of the State who is assigned to
perform the duties of a disabled veterans' outreach program
specialist or a local veterans' employment representative
under this chapter--
``(I) the date on which the employee is so assigned; and
``(II) whether the employee has satisfactorily completed
such training by the National Veterans' Employment and
Training Services Institute as the Secretary requires for
purposes of paragraph (8).''.
(c) Applicability.--Paragraph (8) of section 4102A(c) of
title 38, United States Code, as added by subsection (a), and
clause (iii) of section 4102A(c)(2)(A) of such title, as
added by subsection (b), shall apply with respect to a State
employee assigned to perform the duties of a disabled
veterans' outreach program specialist or a local veterans'
employment representative under chapter 41 of such title who
is so assigned on or after January 1, 2006.
SEC. 602. RULES FOR PART-TIME EMPLOYMENT FOR DISABLED
VETERANS' OUTREACH PROGRAM SPECIALISTS AND
LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Disabled Veterans' Outreach Program Specialists.--
Section 4103A is amended by adding at the end the following
new subsection:
``(c) Part-Time Employees.--A part-time disabled veterans'
outreach program specialist shall perform the functions of a
disabled veterans' outreach program specialist under this
section on a half-time basis.''.
(b) Local Veterans' Employment Representatives.--Section
4104 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Part-Time Employees.--A part-time local veterans'
employment representative shall perform the functions of a
local veterans' employment representative under this section
on a half-time basis.''.
(c) Effective Date.--Section 4103A(c) of title 38, United
States Code, as added by subsection (a), and section 4104(d)
of such title, as amended by subsection (b), shall apply with
respect to pay periods beginning after the date that is 180
days after the date of the enactment of this Act.
SEC. 603. PERFORMANCE INCENTIVE AWARDS FOR EMPLOYMENT SERVICE
OFFICES.
(a) Provision of Incentives to Employment Service
Offices.--Section 4112 is amended--
(1) in subsection (a)(1)(B), by inserting ``and employment
service offices'' after ``recognize eligible employees''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``is'' and inserting ``in the case of such
an award made to an eligible employee, shall be''; and
(ii) by striking the period at the end and inserting the
following: ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) in the case of such an award made to an employment
service office, may be used by that employment service office
for any purpose.''.
(b) Conforming Amendment.--The heading for subsection (c)
of such section is amended to read as follows:
``Administration and Use of Awards.--''.
SEC. 604. DEMONSTRATION PROJECT ON CREDENTIALING AND
LICENSURE OF VETERANS.
(a) Establishment of Demonstration Project.--
(1) In general.--Chapter 41 is amended by adding at the end
the following new section:
``Sec. 4114. Credentialing and licensure of veterans:
demonstration project
``(a) Demonstration Project Authorized.--The Assistant
Secretary for Veterans' Employment and Training may carry out
a demonstration project on credentialing in accordance with
this section for the purpose of facilitating the seamless
transition of members of the Armed Forces from service on
active duty to civilian employment.
``(b) Identification of Military Occupational Specialties
and Associated Credentials and Licenses.--(1) The Assistant
Secretary shall select not less than 10 military occupational
specialties for purposes of the demonstration project. Each
specialty so selected by the Assistant Secretary shall
require a skill or set of skills that is required for
civilian employment in an industry with high growth or high
worker demand.
``(2) The Assistant Secretary shall consult with
appropriate Federal, State, and industry officials to
identify requirements for credentials, certifications, and
licenses that require a skill or set of skills required by a
military occupational specialty selected under paragraph (1).
``(3) The Assistant Secretary shall analyze the
requirements identified under paragraph (2) to determine
which requirements may be satisfied by the skills, training,
or experience acquired by members of the Armed Forces with
the military occupational specialties selected under
paragraph (1).
``(c) Elimination of Barriers to Credentialing and
Licensure.--The Assistant Secretary shall cooperate with
appropriate Federal, State, and industry officials to reduce
or eliminate any barriers to providing a credential,
certification, or license to a veteran who acquired any
skill, training, or experience while serving as a member of
the Armed Forces with a military occupational specialty
selected under subsection (b)(1) that satisfies the Federal
and State requirements for the credential, certification, or
license.
``(d) Task Force.--The Assistant Secretary may establish a
task force of individuals with appropriate expertise to
provide assistance to the Assistant Secretary in carrying out
this section.
``(e) Consultation.--In carrying out this section, the
Assistant Secretary shall consult with the Secretary of
Defense, the Secretary of Veterans Affairs, appropriate
Federal and State officials, private-sector employers, labor
organizations, and industry trade associations.
``(f) Contract Authority.--For purposes of carrying out any
part of the demonstration project under this section, the
Assistant Secretary may enter into a contract with a public
or private entity with appropriate expertise.
``(g) Period of Project.--The period during which the
Assistant Secretary may carry out the demonstration project
under this section shall be the period beginning on the date
that is 60 days after the date of the enactment of the
Veterans Benefits, Health Care, and Information Technology
Act of 2006 and ending on September 30, 2009.
``(h) Funding.--The Assistant Secretary may carry out the
demonstration project under this section utilizing
unobligated funds that are appropriated in accordance with
the authorization set forth in section 4106 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4114. Credentialing and licensure of veterans: demonstration
project.''.
(b) Membership of Advisory Committee on Veterans
Employment, Training, and Employer Outreach.--Section
4110(c)(1)(A) is amended--
(1) by striking ``Six'' and inserting ``Seven''; and
(2) by adding at the end the following new clause:
``(vii) The National Governors Association.''.
SEC. 605. DEPARTMENT OF LABOR IMPLEMENTATION OF REGULATIONS
FOR PRIORITY OF SERVICE.
Not later than two years after the date of the enactment of
this Act, the Secretary of Labor shall prescribe regulations
to implement section 4215 of title 38, United States Code.
TITLE VII--HOMELESS VETERANS ASSISTANCE
SEC. 701. REAFFIRMATION OF NATIONAL GOAL TO END HOMELESSNESS
AMONG VETERANS.
(a) Reaffirmation.--Congress reaffirms the national goal to
end chronic homelessness among veterans within a decade of
the enactment of the Homeless Veterans Comprehensive
Assistance Act of 2001 (Public Law 107-95; 115 Stat. 903).
(b) Reaffirmation of Encouragement of Cooperative
Efforts.--Congress reaffirms its encouragement, as specified
in the Homeless Veterans Comprehensive Assistance Act of 2001
(Public Law 107-95; 115 Stat. 903), that all departments and
agencies of the Federal, State, and local governments, quasi-
governmental organizations, private and public sector
entities, including community-based organizations, faith-
based organizations, and individuals, work cooperatively to
end chronic homelessness among veterans.
SEC. 702. SENSE OF CONGRESS ON THE RESPONSE OF THE FEDERAL
GOVERNMENT TO THE NEEDS OF HOMELESS VETERANS.
It is the sense of Congress that--
[[Page H9006]]
(1) homelessness is a significant problem in the veterans
community and veterans are disproportionately represented
among the homeless population;
(2) while many effective programs assist homeless veterans
to become, once again, productive and self-sufficient members
of their communities and society, all the essential services,
assistance, and support that homeless veterans require are
not currently provided;
(3) federally funded programs for homeless veterans should
be held accountable for achieving clearly defined results;
(4) Federal efforts to assist homeless veterans should
include prevention of homelessness;
(5) Federal efforts regarding homeless veterans should be
particularly vigorous where women veterans have minor
children in their care;
(6) Federal agencies, particularly the Department of
Veterans Affairs, the Department of Labor, and the Department
of Housing and Urban Development, should cooperate more fully
to address the problem of homelessness among veterans; and
(7) the programs reauthorized by this title provide
important housing and services to homeless veterans.
SEC. 703. AUTHORITY TO MAKE GRANTS FOR COMPREHENSIVE SERVICE
PROGRAMS FOR HOMELESS VETERANS.
(a) Permanent Authority.--Section 2011(a) is amended--
(1) by striking paragraph (2); and
(2) in paragraph (1)--
(A) by striking ``(1)''; and
(B) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively.
(b) Authorization of Appropriations.--The text of section
2013 is amended to read as follows: ``There is authorized to
be appropriated to carry out this subchapter $130,000,000 for
fiscal year 2007 and each fiscal year thereafter.''.
SEC. 704. EXTENSION OF TREATMENT AND REHABILITATION FOR
SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS.
(a) Extension of Authority for General Treatment.--Section
2031(b) is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2011''.
(b) Extension of Authority for Additional Services.--
Section 2033(d) is amended by striking ``December 31, 2006''
and inserting ``December 31, 2011''.
SEC. 705. EXTENSION OF AUTHORITY FOR TRANSFER OF PROPERTIES
OBTAINED THROUGH FORECLOSURE OF HOME MORTGAGES.
Section 2041(c) is amended by striking ``December 31,
2008'' and inserting ``December 31, 2011''.
SEC. 706. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS
VETERANS WITH SPECIAL NEEDS.
Section 2061(c)(1) is amended--
(1) by striking ``Medical Care'' and inserting ``Medical
Services''; and
(2) by striking ``fiscal years 2003, 2004, and 2005'' and
inserting ``fiscal years 2007 through 2011''.
SEC. 707. EXTENSION OF FUNDING FOR HOMELESS VETERAN SERVICE
PROVIDER TECHNICAL ASSISTANCE PROGRAM.
Subsection (b) of section 2064 is amended to read as
follows:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated $1,000,000 for each of fiscal
years 2007 through 2012 to carry out the program under this
section.''.
SEC. 708. ADDITIONAL ELEMENT IN ANNUAL REPORT ON ASSISTANCE
TO HOMELESS VETERANS.
Section 2065(b) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Information on the efforts of the Secretary to
coordinate the delivery of housing and services to homeless
veterans with other Federal departments and agencies,
including--
``(A) the Department of Defense;
``(B) the Department of Health and Human Services;
``(C) the Department of Housing and Urban Development;
``(D) the Department of Justice;
``(E) the Department of Labor;
``(F) the Interagency Council on Homelessness;
``(G) the Social Security Administration; and
``(H) any other Federal department or agency with which the
Secretary coordinates the delivery of housing and services to
homeless veterans.''.
SEC. 709. ADVISORY COMMITTEE ON HOMELESS VETERANS.
(a) Additional Ex Officio Members.--Subsection (a)(3) of
section 2066 is amended by adding at the end the following
new subparagraphs:
``(E) The Executive Director of the Interagency Council on
Homelessness (or a representative of the Executive Director).
``(F) The Under Secretary for Health (or a representative
of the Under Secretary after consultation with the Director
of the Office of Homeless Veterans Programs).
``(G) The Under Secretary for Benefits (or a representative
of the Under Secretary after consultation with the Director
of the Office of Homeless Veterans Programs).''.
(b) Extension.--Subsection (d) of such section is amended
by striking ``December 31, 2006'' and inserting ``December
30, 2011''.
SEC. 710. RENTAL ASSISTANCE VOUCHERS FOR VETERANS AFFAIRS
SUPPORTED HOUSING PROGRAM.
Section (8)(o)(19)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)(B)) is amended to read as
follows:
``(B) Amount.--The amount specified in this subparagraph
is--
``(i) for fiscal year 2007, the amount necessary to provide
500 vouchers for rental assistance under this subsection;
``(ii) for fiscal year 2008, the amount necessary to
provide 1,000 vouchers for rental assistance under this
subsection;
``(iii) for fiscal year 2009, the amount necessary to
provide 1,500 vouchers for rental assistance under this
subsection;
``(iv) for fiscal year 2010, the amount necessary to
provide 2,000 vouchers for rental assistance under this
subsection; and
``(v) for fiscal year 2011, the amount necessary to provide
2,500 vouchers for rental assistance under this
subsection.''.
TITLE VIII--CONSTRUCTION MATTERS
Subtitle A--Construction and Lease Authorities
SEC. 801. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY PROJECTS.
(a) In General.--The Secretary of Veterans Affairs may
carry out the following major medical facility projects in
fiscal year 2006, with each project to be carried out in the
amount specified for that project:
(1) Restoration, new construction or replacement of the
medical center facility for the Department of Veterans
Affairs Medical Center, New Orleans, Louisiana, due to damage
from Hurricane Katrina in an amount not to exceed
$300,000,000. The Secretary is authorized to carry out the
project in or near New Orleans as a collaborative effort
consistent with the New Orleans Collaborative Opportunities
Study Group Report dated June 12, 2006.
(2) Restoration of the Department of Veterans Affairs
Medical Center, Biloxi, Mississippi, and consolidation of
services performed at the Department of Veterans Affairs
Medical Center, Gulfport, Mississippi, in an amount not to
exceed $310,000,000.
(3) Replacement of the Department of Veterans Affairs
Medical Center, Denver, Colorado, in an amount not to exceed
$98,000,000.
(b) Report on Replacement of Department of Veterans Affairs
Medical Center, Denver, Colorado.--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 identifying and
outlining the various options available to the Department of
Veterans Affairs for replacing the current Department of
Veterans Affairs Medical Center, Denver, Colorado. The report
shall include the following:
(1) The feasibility of entering into a partnership with a
Federal, State, or local governmental agency, or a suitable
non-profit organization, for the construction and operation
of a new facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations
regarding any statutory changes necessary for the Department
of Veterans Affairs to carry out any of the options
identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
SEC. 802. EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR
MEDICAL FACILITY CONSTRUCTION PROJECTS
PREVIOUSLY AUTHORIZED IN CONNECTION WITH
CAPITAL ASSET REALIGNMENT INITIATIVE.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects, with each such
project to be carried out in the amount specified for that
project:
(1) Construction of an outpatient clinic and regional
office at the Department of Veterans Affairs Medical Center,
Anchorage, Alaska, in an amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions
of the Department of Veterans Affairs Medical Center,
Cleveland, Ohio, and the Department of Veterans Affairs
Medical Center in Brecksville, Ohio, in an amount not to
exceed $102,300,000.
(3) Construction of the Extended Care Building at the
Department of Veterans Affairs Medical Center, Des Moines,
Iowa, in an amount not to exceed $25,000,000.
(4) Renovation of patient wards at the Department of
Veterans Affairs Medical Center, Durham, North Carolina, in
an amount not to exceed $9,100,000.
(5) Correction of patient privacy deficiencies at the
Department of Veterans Affairs Medical Center, Gainesville,
Florida, in an amount not to exceed $85,200,000.
(6) 7th and 8th floor wards modernization addition at the
Department of Veterans Affairs Medical Center, Indianapolis,
Indiana, in an amount not to exceed $27,400,000.
(7) Construction of a new Medical Center Facility at the
Department of Veterans Affairs Medical Center, Las Vegas,
Nevada, in an amount not to exceed $406,000,000.
(8) Construction of an ambulatory surgery/outpatient
diagnostic support center in the
[[Page H9007]]
Gulf South Submarket of Veterans Integrated Service Network
(VISN) 8 and completion of Phase I land purchase, Lee County,
Florida, in an amount not to exceed $65,100,000.
(9) Seismic corrections, Buildings 7 and 126 at the
Department of Veterans Affairs Medical Center, Long Beach,
California, in an amount not to exceed $107,845,000.
(10) Seismic Corrections, Buildings 500 and 501 at the
Department of Veterans Affairs Medical Center, Los Angeles,
California, in an amount not to exceed $79,900,000.
(11) Construction of a new medical center facility in the
Orlando, Florida, area in an amount not to exceed
$377,700,000.
(12) Consolidation of campuses at the University Drive and
H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an
amount not to exceed $189,205,000.
(13) Ward upgrades and expansion at the Department of
Veterans Affairs Medical Center, San Antonio, Texas, in an
amount not to exceed $19,100,000.
(14) Construction of a spinal cord injury center at the
Department of Veterans Affairs Medical Center, Syracuse, New
York, in an amount not to exceed $77,700,000.
(15) Upgrade essential electrical distribution systems at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $49,000,000.
(16) Expansion of the spinal cord injury center addition at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $7,100,000.
(17) Blind Rehabilitation and Psychiatric Bed renovation
and new construction project at the Department of Veterans
Affairs Medical Center, Temple, Texas, in an amount not to
exceed $56,000,000.
SEC. 803. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year 2007
in the amount specified for each project:
(1) Seismic Corrections, Nursing Home Care Unit and
Dietetics at the Department of Veterans Affairs Medical
Center, American Lake, Washington, in an amount not to exceed
$38,220,000.
(2) Replacement of Operating Suite at the Department of
Veterans Affairs Medical Center, Columbia, Missouri, in an
amount not to exceed $25,830,000.
(3) Construction of a new clinical addition at the
Department of Veterans Affairs Medical Center, Fayetteville,
Arkansas, in an amount not to exceed $56,163,000.
(4) Construction of Spinal Cord Injury Center at the
Department of Veterans Affairs Medical Center, Milwaukee,
Wisconsin, in an amount not to exceed $32,500,000.
(5) Medical facility improvements and cemetery expansion of
Jefferson Barracks at the Department of Veterans Affairs
Medical Center, St. Louis, Missouri, in an amount not to
exceed $69,053,000.
SEC. 804. AUTHORIZATION OF ADVANCE PLANNING AND DESIGN FOR A
MAJOR MEDICAL FACILITY, CHARLESTON, SOUTH
CAROLINA.
(a) Agreement Authorized.--The Secretary of Veterans
Affairs may enter into an agreement with the Medical
University of South Carolina to design, and plan for the
operation of, a co-located joint-use medical facility in
Charleston, South Carolina, to replace the Ralph H. Johnson
Department of Veterans Affairs Medical Center, Charleston,
South Carolina.
(b) Cost Limitation.--Advance planning and design for a co-
located, joint-use medical facility in Charleston, South
Carolina, under subsection (a) shall be carried out in an
amount not to exceed $36,800,000.
(c) Limitation on Naming.--A joint-use medical facility
referred to in subsection (a) may not be named by the
Secretary of Veterans Affairs or any other entity after any
living Member or former Member of the Senate or House of
Representatives.
SEC. 805. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2006
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient clinic, Baltimore, Maryland,
$10,908,000.
(2) For an outpatient clinic, Evansville, Indiana,
$8,989,000.
(3) For an outpatient clinic, Smith County, Texas,
$5,093,000.
SEC. 806. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases in fiscal year 2007
at the locations specified, and in an amount for each lease
not to exceed the amount shown for such location:
(1) For an outpatient and specialty care clinic, Austin,
Texas, $6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts,
$2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan,
$4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada,
$8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2006
Major Medical Facility Projects.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal
year 2006 for the Construction, Major Projects, account,
$708,000,000 for the projects authorized in section 801(a).
(b) Authorization of Appropriations for Major Medical
Facility Projects Under Capital Asset Realignment
Initiative.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for the Secretary of Veterans Affairs for
fiscal year 2007 for the Construction, Major Projects,
account, $1,758,920,000 for the projects whose authorization
is extended by section 802.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until September 30, 2009.
(c) Authorization of Appropriations for Fiscal Year 2007
Major Medical Facility Projects.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal
year 2007 for the Construction, Major Projects, account,
$221,766,000 for the projects authorized in section 803.
(d) Authorization of Appropriations for Advance Planning
and Design for Major Medical Facility, Charleston, South
Carolina.--There is authorized to be appropriated to the
Secretary of Veterans Affairs for the Construction, Major
Projects, account, $36,800,000 for the advance planning and
design authorized in section 804.
(e) Authorization of Appropriations for Major Medical
Facility Leases.--
(1) Fiscal year 2006 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2006 for the Medical Care account, $24,990,000 for the
leases authorized in section 805.
(2) Fiscal year 2007 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2007 for the Medical Care account, $26,642,000 for the
leases authorized in section 806.
(f) Limitation.--The projects authorized in sections 801(a)
and 802 may only be carried out using--
(1) funds appropriated for fiscal year 2006 or 2007
pursuant to the authorization of appropriations in
subsections (a), (b), and (c) of this section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2006 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2006 or 2007 that are available
for obligation; and
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2006 or 2007 for a category of activity not
specific to a project.
Subtitle B--Facilities Administration
SEC. 811. DIRECTOR OF CONSTRUCTION AND FACILITIES MANAGEMENT.
(a) Establishment of Position.--Chapter 3 is amended by
inserting after section 312 the following new section:
``Sec. 312A. Director of Construction and Facilities
Management
``(a) In General.--(1) There is in the Department a
Director of Construction and Facilities Management, who shall
be appointed by the Secretary.
``(2) The position of Director of Construction and
Facilities Management is a career reserved position, as such
term is defined in section 3132(a)(8) of title 5.
``(3) The Director shall provide direct support to the
Secretary in matters covered by the responsibilities of the
Director under subsection (c).
``(4) The Director shall report to the Deputy Secretary in
the discharge of the responsibilities of the Director under
subsection (c).
``(b) Qualifications.--Each individual appointed as
Director of Construction and Facilities Management shall be
an individual who--
``(1) holds an undergraduate or master's degree in
architectural design or engineering; and
``(2) has substantive professional experience in the area
of construction project management.
``(c) Responsibilities.--(1) The Director of Construction
and Facilities Management shall--
``(A) be responsible for overseeing and managing the
planning, design, construction, and operation of facilities
and infrastructure of the Department, including major and
minor construction projects; and
``(B) perform such other functions as the Secretary shall
prescribe.
``(2) In carrying out the oversight and management of
construction and operation of facilities and infrastructure
under this section, the Director shall be responsible for the
following:
``(A) Development and updating of short-range and long-
range strategic capital investment strategies and plans of
the Department.
``(B) Planning, design, and construction of facilities for
the Department, including determining architectural and
engineering requirements and ensuring compliance of the
Department with applicable laws relating to the construction
program of the Department.
``(C) Management of the short-term and long-term leasing of
real property by the Department.
``(D) Repair and maintenance of facilities of the
Department, including custodial services, building management
and administration, and maintenance of roads, grounds, and
infrastructure.
[[Page H9008]]
``(E) Management of procurement and acquisition processes
relating to the construction and operation of facilities of
the Department, including the award of contracts related to
design, construction, furnishing, and supplies and
equipment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 312 the following new item:
``312A. Director of Construction and Facilities Management.''.
SEC. 812. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
PROJECTS.
Section 8104(a)(3)(A) is amended by striking ``$7,000,000''
and inserting ``$10,000,000''.
SEC. 813. LAND CONVEYANCE, CITY OF FORT THOMAS, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of Veterans
Affairs may convey to the city of Fort Thomas, Kentucky (in
this section referred to as the ``City''), all right, title,
and interest of the United States in and to a parcel of real
property, including the 15 structures located thereon,
consisting of approximately 11.75 acres that is managed by
the Department of Veterans Affairs and located in the
northeastern portion of Tower Park in Fort Thomas, Kentucky.
Any such conveyance shall be subject to valid existing
rights, easements, and rights-of-way.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the United States
an amount equal to the fair market value of the conveyed real
property, as determined by the Secretary.
(c) Treatment of Consideration.--The consideration received
under subsection (b) shall be deposited, at the discretion of
the Secretary, in the ``Medical Facilities'' account or the
``Construction, Minor Projects'' account (or a combination of
those accounts) and shall be available to the Secretary,
without limitation and until expended--
(1) to cover costs incurred by the Secretary associated
with the environmental remediation of the real property
before conveyance under subsection (a); and
(2) with any funds remaining after the Secretary has
covered costs as required under paragraph (1), for
acquisition of a site for use as a parking facility, or
contract (by lease or otherwise) for the operation of a
parking facility, to be used in connection with the
Department of Veterans Affairs Medical Facility, Cincinnati,
Ohio.
(d) Release From Liability.--Effective on the date of the
conveyance under subsection (a), the United States shall not
be liable for damages arising out of any act, omission, or
occurrence relating to the conveyed real property, but shall
continue to be liable for damages caused by acts of
negligence committed by the United States or by any employee
or agent of the United States before the date of conveyance,
consistent with chapter 171 of title 28, United States Code.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers necessary to protect the interests of the United
States.
Subtitle C--Reports on Medical Facility Improvements
SEC. 821. REPORT ON OPTION FOR MEDICAL FACILITY IMPROVEMENTS
IN SAN JUAN, PUERTO RICO.
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 identifying and outlining the
various options available to the Department of Veterans
Affairs for replacing the current Department of Veterans
Affairs Medical Center, San Juan, Puerto Rico. The report
shall not affect current contracts at the current site, and
the report shall include the following:
(1) The feasibility of entering into a partnership with a
Federal, Commonwealth, or local governmental agency, or a
suitable non-profit organization, for the construction and
operation of a new facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations
regarding any statutory changes necessary for the Department
to carry out any of the options identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
SEC. 822. BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT
CARE IN CERTAIN RURAL AREAS.
(a) Requirement.--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 business plan for enhanced access to
outpatient care (as described in subsection (b)) for primary
care, mental health care, and specialty care in each of the
following areas:
(1) The Lewiston-Auburn area of Maine.
(2) The area of Houlton, Maine.
(3) The area of Dover-Foxcroft, Maine.
(4) Whiteside County, Illinois.
(b) Means of Enhanced Access.--The means of enhanced access
to outpatient care to be covered by the business plans under
subsection (a) are, with respect to each area specified in
that subsection, one or more of the following:
(1) New sites of care.
(2) Expansions at existing sites of care.
(3) Use of existing authority and policies to contract for
care where necessary.
(4) Increased use of telemedicine.
SEC. 823. REPORT ON OPTION FOR CONSTRUCTION OF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER IN OKALOOSA
COUNTY, FLORIDA.
(a) Feasibility Study.--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
and the Committee on Armed Services of the Senate of the
Senate and the Committee on Veterans' Affairs and the
Committee on Armed Services of the House of Representatives
of the House of Representatives a report identifying and
outlining the various options available to the Department of
Veterans Affairs for the placement of a Department of
Veterans Affairs Medical Center in Okaloosa County, Florida.
The report shall be prepared in conjunction with the
Secretary of Defense and the Secretary of the Air Force.
(b) Matters to Be Included.--The report under subsection
(a) shall include the following:
(1) The feasibility of entering into a partnership with
Eglin Air Force Base for the construction and operation of a
new, joint Department of Veterans Affairs-Department of
Defense facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations
regarding any statutory changes necessary for the Department
of Veterans Affairs to carry out any of the options
identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
TITLE IX--INFORMATION SECURITY MATTERS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Department of Veterans
Affairs Information Security Enhancement Act of 2006''.
SEC. 902. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY
PROGRAMS AND REQUIREMENTS.
(a) Information Security Programs and Requirements.--
Chapter 57 is amended by adding at the end the following new
subchapter:
``SUBCHAPTER III--INFORMATION SECURITY
``Sec. 5721. Purpose
``The purpose of the Information Security Program is to
establish a program to provide security for Department
information and information systems commensurate to the risk
of harm, and to communicate the responsibilities of the
Secretary, Under Secretaries, Assistant Secretaries, other
key officials, Assistant Secretary for Information and
Technology, Associate Deputy Assistant Secretary for Cyber
and Information Security, and Inspector General of the
Department of Veterans Affairs as outlined in the provisions
of subchapter III of chapter 35 of title 44 (also known as
the `Federal Information Security Management Act of 2002',
which was enacted as part of the E-Government Act of 2002
(Public Law 107-347)).
``Sec. 5722. Policy
``(a) In General.--The security of Department information
and information systems is vital to the success of the
mission of the Department. To that end, the Secretary shall
establish and maintain a comprehensive Department-wide
information security program to provide for the development
and maintenance of cost-effective security controls needed to
protect Department information, in any media or format, and
Department information systems.
``(b) Elements.--The Secretary shall ensure that the
Department information security program includes the
following elements:
``(1) Periodic assessments of the risk and magnitude of
harm that could result from
[[Page H9009]]
the unauthorized access, use, disclosure, disruption,
modification, or destruction of information and information
systems that support the operations and assets of the
Department.
``(2) Policies and procedures that--
``(A) are based on risk assessments;
``(B) cost-effectively reduce security risks to an
acceptable level; and
``(C) ensure that information security is addressed
throughout the life cycle of each Department information
system.
``(3) Selection and effective implementation of minimum,
mandatory technical, operational, and management security
controls, or other compensating countermeasures, to protect
the confidentiality, integrity, and availability of each
Department system and its information.
``(4) Subordinate plans for providing adequate security for
networks, facilities, systems, or groups of information
systems, as appropriate.
``(5) Annual security awareness training for all Department
employees, contractors, and all other users of VA sensitive
data and Department information systems that identifies the
information security risks associated with the activities of
such employees, contractors, and users and the
responsibilities of such employees, contractors, and users to
comply with Department policies and procedures designed to
reduce such risks.
``(6) Periodic testing and evaluation of the effectiveness
of security controls based on risk, including triennial
certification testing of all management, operational, and
technical controls, and annual testing of a subset of those
controls for each Department system.
``(7) A process for planning, developing, implementing,
evaluating, and documenting remedial actions to address
deficiencies in information security policies, procedures,
and practices.
``(8) Procedures for detecting, immediately reporting, and
responding to security incidents, including mitigating risks
before substantial damage is done as well as notifying and
consulting with the US-Computer Emergency Readiness Team of
the Department of Homeland Security, law enforcement
agencies, the Inspector General of the Department, and other
offices as appropriate.
``(9) Plans and procedures to ensure continuity of
operations for Department systems.
``(c) Compliance With Certain Requirements.--The Secretary
shall comply with the provisions of subchapter III of chapter
35 of title 44 and other related information security
requirements promulgated by the National Institute of
Standards and Technology and the Office of Management and
Budget that define Department information system mandates.
``Sec. 5723. Responsibilities
``(a) Secretary of Veterans Affairs.--In accordance with
the provisions of subchapter III of chapter 35 of title 44,
the Secretary is responsible for the following:
``(1) Ensuring that the Department adopts a Department-wide
information security program and otherwise complies with the
provisions of subchapter III of chapter 35 of title 44 and
other related information security requirements.
``(2) Ensuring that information security protections are
commensurate with the risk and magnitude of the potential
harm to Department information and information systems
resulting from unauthorized access, use, disclosure,
disruption, modification, or destruction.
``(3) Ensuring that information security management
processes are integrated with Department strategic and
operational planning processes.
``(4) Ensuring that the Under Secretaries, Assistant
Secretaries, and other key officials of the Department
provide adequate security for the information and information
systems under their control.
``(5) Ensuring enforcement and compliance with the
requirements imposed on the Department under the provisions
of subchapter III of chapter 35 of title 44.
``(6) Ensuring that the Department has trained program and
staff office personnel sufficient to assist in complying with
all the provisions of subchapter III of chapter 35 of title
44 and other related information security requirements.
``(7) Ensuring that the Assistant Secretary for Information
and Technology, in coordination with the Under Secretaries,
Assistant Secretaries, and other key officials of the
Department report to Congress, the Office of Management and
Budget, and other entities as required by law and Executive
Branch direction on the effectiveness of the Department
information security program, including remedial actions.
``(8) Notifying officials other than officials of the
Department of data breaches when required under this
subchapter.
``(9) Ensuring that the Assistant Secretary for Information
and Technology has the authority and control necessary to
develop, approve, implement, integrate, and oversee the
policies, procedures, processes, activities, and systems of
the Department relating to subchapter III of chapter 35 of
title 44, including the management of all related mission
applications, information resources, personnel, and
infrastructure.
``(10) Submitting to the Committees on Veterans' Affairs of
the Senate and House of Representatives, the Committee on
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate, not later than March 1 each year, a report on the
compliance of the Department with subchapter III of chapter
35 of title 44, with the information in such report displayed
in the aggregate and separately for each Administration,
office, and facility of the Department.
``(11) Taking appropriate action to ensure that the budget
for any fiscal year, as submitted by the President to
Congress under section 1105 of title 31, sets forth
separately the amounts required in the budget for such fiscal
year for compliance by the Department with Federal law and
regulations governing information security, including this
subchapter and subchapter III of chapter 35 of title 44.
``(12) Providing notice to the Director of the Office of
Management and Budget, the Inspector General of the
Department, and such other Federal agencies as the Secretary
considers appropriate of a presumptive data breach of which
notice is provided the Secretary under subsection (b)(16) if,
in the opinion of the Assistant Secretary for Information and
Technology, the breach involves the information of twenty or
more individuals.
``(b) Assistant Secretary for Information and Technology.--
The Assistant Secretary for Information and Technology, as
the Chief Information Officer of the Department, is
responsible for the following:
``(1) Establishing, maintaining, and monitoring Department-
wide information security policies, procedures, control
techniques, training, and inspection requirements as elements
of the Department information security program.
``(2) Issuing policies and handbooks to provide direction
for implementing the elements of the information security
program to all Department organizations.
``(3) Approving all policies and procedures that are
related to information security for those areas of
responsibility that are currently under the management and
the oversight of other Department organizations.
``(4) Ordering and enforcing Department-wide compliance
with and execution of any information security policy.
``(5) Establishing minimum mandatory technical,
operational, and management information security control
requirements for each Department system, consistent with
risk, the processes identified in standards of the National
Institute of Standards and Technology, and the
responsibilities of the Assistant Secretary to operate and
maintain all Department systems currently creating,
processing, collecting, or disseminating data on behalf of
Department information owners.
``(6) Establishing standards for access to Department
information systems by organizations and individual
employees, and to deny access as appropriate.
``(7) Directing that any incidents of failure to comply
with established information security policies be immediately
reported to the Assistant Secretary.
``(8) Reporting any compliance failure or policy violation
directly to the appropriate Under Secretary, Assistant
Secretary, or other key official of the Department for
appropriate administrative or disciplinary action.
``(9) Reporting any compliance failure or policy violation
directly to the appropriate Under Secretary, Assistant
Secretary, or other key official of the Department along with
taking action to correct the failure or violation.
``(10) Requiring any key official of the Department who is
so notified to report to the Assistant Secretary with respect
to an action to be taken in response to any compliance
failure or policy violation reported by the Assistant
Secretary.
``(11) Ensuring that the Chief Information Officers and
Information Security Officers of the Department comply with
all cyber security directives and mandates, and ensuring that
these staff members have all necessary authority and means to
direct full compliance with such directives and mandates
relating to the acquisition, operation, maintenance, or use
of information technology resources from all facility staff.
``(12) Establishing the VA National Rules of Behavior for
appropriate use and protection of the information which is
used to support Department missions and functions.
``(13) Establishing and providing supervision over an
effective incident reporting system.
``(14) Submitting to the Secretary, at least once every
quarter, a report on any deficiency in the compliance with
subchapter III of chapter 35 of title 44 of the Department or
any Administration, office, or facility of the Department.
``(15) Reporting immediately to the Secretary on any
significant deficiency in the compliance described by
paragraph (14).
``(16) Providing immediate notice to the Secretary of any
presumptive data breach.
``(c) Associate Deputy Assistant Secretary for Cyber and
Information Security.--In accordance with the provisions of
subchapter III of chapter 35 of title 44, the Associate
Deputy Assistant Secretary for Cyber and Information
Security, as the Senior Information Security Officer of the
Department, is responsible for carrying out the
responsibilities of the Assistant Secretary for Information
and Technology under the provisions of subchapter III of
chapter 35 of title 44, as set forth in subsection (b).
[[Page H9010]]
``(d) Department Information Owners.--In accordance with
the criteria of the Centralized IT Management System,
Department information owners are responsible for the
following:
``(1) Providing assistance to the Assistant Secretary for
Information and Technology regarding the security
requirements and appropriate level of security controls for
the information system or systems where sensitive personal
information is currently created, collected, processed,
disseminated, or subject to disposal.
``(2) Determining who has access to the system or systems
containing sensitive personal information, including types of
privileges and access rights.
``(3) Ensuring the VA National Rules of Behavior is signed
on an annual basis and enforced by all system users to ensure
appropriate use and protection of the information which is
used to support Department missions and functions.
``(4) Assisting the Assistant Secretary for Information and
Technology in the identification and assessment of the common
security controls for systems where their information
resides.
``(5) Providing assistance to Administration and staff
office personnel involved in the development of new systems
regarding the appropriate level of security controls for
their information.
``(e) Other Key Officials.--In accordance with the
provisions of subchapter III of chapter 35 of title 44, the
Under Secretaries, Assistant Secretaries, and other key
officials of the Department are responsible for the
following:
``(1) Implementing the policies, procedures, practices, and
other countermeasures identified in the Department
information security program that comprise activities that
are under their day-to-day operational control or
supervision.
``(2) Periodically testing and evaluating information
security controls that comprise activities that are under
their day-to-day operational control or supervision to ensure
effective implementation.
``(3) Providing a plan of action and milestones to the
Assistant Secretary for Information and Technology on at
least a quarterly basis detailing the status of actions being
taken to correct any security compliance failure or policy
violation.
``(4) Complying with the provisions of subchapter III of
chapter 35 of title 44 and other related information security
laws and requirements in accordance with orders of the
Assistant Secretary for Information and Technology to execute
the appropriate security controls commensurate to responding
to a security bulletin of the Security Operations Center of
the Department, with such orders to supersede and take
priority over all operational tasks and assignments and be
complied with immediately.
``(5) Ensuring that--
``(A) all employees within their organizations take
immediate action to comply with orders from the Assistant
Secretary for Information and Technology to--
``(i) mitigate the impact of any potential security
vulnerability;
``(ii) respond to a security incident; or
``(iii) implement the provisions of a bulletin or alert of
the Security Operations Center; and
``(B) organizational managers have all necessary authority
and means to direct full compliance with such orders from the
Assistant Secretary.
``(6) Ensuring the VA National Rules of Behavior is signed
and enforced by all system users to ensure appropriate use
and protection of the information which is used to support
Department missions and functions on an annual basis.
``(f) Users of Department Information and Information
Systems.--Users of Department information and information
systems are responsible for the following:
``(1) Complying with all Department information security
program policies, procedures, and practices.
``(2) Attending security awareness training on at least an
annual basis.
``(3) Reporting all security incidents immediately to the
Information Security Officer of the system or facility and to
their immediate supervisor.
``(4) Complying with orders from the Assistant Secretary
for Information and Technology directing specific activities
when a security incident occurs.
``(5) Signing an acknowledgment that they have read,
understand, and agree to abide by the VA National Rules of
Behavior on an annual basis.
``(g) Inspector General of Department of Veterans
Affairs.--In accordance with the provisions of subchapter III
of chapter 35 of title 44, the Inspector General of the
Department is responsible for the following:
``(1) Conducting an annual audit of the Department
information security program.
``(2) Submitting an independent annual report to the Office
of Management and Budget on the status of Department
information security program, based on the results of the
annual audit.
``(3) Conducting investigations of complaints and referrals
of violations as considered appropriate by the Inspector
General.
``Sec. 5724. Provision of credit protection and other
services
``(a) Independent Risk Analysis.--(1) In the event of a
data breach with respect to sensitive personal information
that is processed or maintained by the Secretary, the
Secretary shall ensure that, as soon as possible after the
data breach, a non-Department entity or the Office of
Inspector General of the Department conducts an independent
risk analysis of the data breach to determine the level of
risk associated with the data breach for the potential misuse
of any sensitive personal information involved in the data
breach.
``(2) If the Secretary determines, based on the findings of
a risk analysis conducted under paragraph (1), that a
reasonable risk exists for the potential misuse of sensitive
personal information involved in a data breach, the Secretary
shall provide credit protection services in accordance with
the regulations prescribed by the Secretary under this
section.
``(b) Regulations.--Not later than 180 days after the date
of the enactment of the Veterans Benefits, Health Care, and
Information Technology Act of 2006, the Secretary shall
prescribe interim regulations for the provision of the
following in accordance with subsection (a)(2):
``(1) Notification.
``(2) Data mining.
``(3) Fraud alerts.
``(4) Data breach analysis.
``(5) Credit monitoring.
``(6) Identity theft insurance.
``(7) Credit protection services.
``(c) Report.--(1) For each data breach with respect to
sensitive personal information processed or maintained by the
Secretary, the Secretary shall promptly submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing the findings of any
independent risk analysis conducted under subsection (a)(1),
any determination of the Secretary under subsection (a)(2),
and a description of any services provided pursuant to
subsection (b).
``(2) In the event of a data breach with respect to
sensitive personal information processed or maintained by the
Secretary that is the sensitive personal information of a
member of the Army, Navy, Air Force, or Marine Corps or a
civilian officer or employee of the Department of Defense,
the Secretary shall submit the report required under
paragraph (1) to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives in addition to the Committees on Veterans'
Affairs of the Senate and House of Representatives.
``Sec. 5725. Contracts for data processing or maintenance
``(a) Contract Requirements.--If the Secretary enters into
a contract for the performance of any Department function
that requires access to sensitive personal information, the
Secretary shall require as a condition of the contract that--
``(1) the contractor shall not, directly or through an
affiliate of the contractor, disclose such information to any
other person unless the disclosure is lawful and is expressly
permitted under the contract;
``(2) the contractor, or any subcontractor for a
subcontract of the contract, shall promptly notify the
Secretary of any data breach that occurs with respect to such
information.
``(b) Liquidated Damages.--Each contract subject to the
requirements of subsection (a) shall provide for liquidated
damages to be paid by the contractor to the Secretary in the
event of a data breach with respect to any sensitive personal
information processed or maintained by the contractor or any
subcontractor under that contract.
``(c) Provision of Credit Protection Services.--Any amount
collected by the Secretary under subsection (b) shall be
deposited in or credited to the Department account from which
the contractor was paid and shall remain available for
obligation without fiscal year limitation exclusively for the
purpose of providing credit protection services pursuant to
section 5724(b) of this title.
``Sec. 5726. Reports and notice to Congress on data breaches
``(a) Quarterly Reports.--(1) Not later than 30 days after
the last day of a fiscal quarter, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on any data breach with
respect to sensitive personal information processed or
maintained by the Department that occurred during that
quarter.
``(2) Each report submitted under paragraph (1) shall
identify, for each data breach covered by the report--
``(A) the Administration and facility of the Department
responsible for processing or maintaining the sensitive
personal information involved in the data breach; and
``(B) the status of any remedial or corrective action with
respect to the data breach.
``(b) Notification of Significant Data Breaches.--(1) In
the event of a data breach with respect to sensitive personal
information processed or maintained by the Secretary that the
Secretary determines is significant, the Secretary shall
provide notice of such breach to the Committees on Veterans'
Affairs of the Senate and House of Representatives.
``(2) In the event of a data breach with respect to
sensitive personal information processed or maintained by the
Secretary that is the sensitive personal information of a
member of the Army, Navy, Air Force, or Marine Corps or a
civilian officer or employee of the Department of Defense
that the Secretary determines is significant under paragraph
[[Page H9011]]
(1), the Secretary shall provide the notice required under
paragraph (1) to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives in addition to the Committees on Veterans'
Affairs of the Senate and House of Representatives.
``(3) Notice under paragraphs (1) and (2) shall be provided
promptly following the discovery of such a data breach and
the implementation of any measures necessary to determine the
scope of the breach, prevent any further breach or
unauthorized disclosures, and reasonably restore the
integrity of the data system.
``Sec. 5727. Definitions
``In this subchapter:
``(1) Availability.--The term `availability' means ensuring
timely and reliable access to and use of information.
``(2) Confidentiality.--The term `confidentiality' means
preserving authorized restrictions on access and disclosure,
including means for protecting personal privacy and
proprietary information.
``(3) Control techniques.--The term `control techniques'
means methods for guiding and controlling the operations of
information systems to ensure adherence to the provisions of
subchapter III of chapter 35 of title 44 and other related
information security requirements.
``(4) Data breach.--The term `data breach' means the loss,
theft, or other unauthorized access, other than those
incidental to the scope of employment, to data containing
sensitive personal information, in electronic or printed
form, that results in the potential compromise of the
confidentiality or integrity of the data.
``(5) Data breach analysis.--The term `data breach
analysis' means the process used to determine if a data
breach has resulted in the misuse of sensitive personal
information.
``(6) Fraud resolution systems.--The term `fraud resolution
services' means services to assist an individual in the
process of recovering and rehabilitating the credit of the
individual after the individual experiences identity theft.
``(7) Identity theft.--The term `identity theft' has the
meaning given such term under section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a).
``(8) Identity theft insurance.--The term `identity theft
insurance' means any insurance policy that pays benefits for
costs, including travel costs, notary fees, and postage
costs, lost wages, and legal fees and expenses associated
with efforts to correct and ameliorate the effects and
results of identity theft of the insured individual.
``(9) Information owner.--The term `information owner'
means an agency official with statutory or operational
authority for specified information and responsibility for
establishing the criteria for its creation, collection,
processing, dissemination, or disposal, which
responsibilities may extend to interconnected systems or
groups of interconnected systems.
``(10) Information resources.--The term `information
resources' means information in any medium or form and its
related resources, such as personnel, equipment, funds, and
information technology.
``(11) Information security.--The term `information
security' means protecting information and information
systems from unauthorized access, use, disclosure,
disruption, modification, or destruction in order to provide
integrity, confidentiality, and availability.
``(12) Information security requirements.--The term
`information security requirements' means information
security requirements promulgated in accordance with law, or
directed by the Secretary of Commerce, the National Institute
of Standards and Technology, and the Office of Management and
Budget, and, as to national security systems, the President.
``(13) Information system.--The term `information system'
means a discrete set of information resources organized for
the collection, processing, maintenance, use, sharing,
dissemination, or disposition of information, whether
automated or manual.
``(14) Integrity.--The term `integrity' means guarding
against improper information modification or destruction, and
includes ensuring information non-repudiation and
authenticity.
``(15) National security system.--The term `national
security system' means an information system that is
protected at all times by policies and procedures established
for the processing, maintenance, use, sharing, dissemination
or disposition of information that has been specifically
authorized under criteria established by statute or Executive
Order to be kept classified in the interest of national
defense or foreign policy.
``(16) Plan of action and milestones.--The term `plan of
action and milestones', means a plan used as a basis for the
quarterly reporting requirements of the Office of Management
and Budget that includes the following information:
``(A) A description of the security weakness.
``(B) The identity of the office or organization
responsible for resolving the weakness.
``(C) An estimate of resources required to resolve the
weakness by fiscal year.
``(D) The scheduled completion date.
``(E) Key milestones with estimated completion dates.
``(F) Any changes to the original key milestone date.
``(G) The source that identified the weakness.
``(H) The status of efforts to correct the weakness.
``(17) Principal credit reporting agency.--The term
`principal credit reporting agency' means a consumer
reporting agency as described in section 603(p) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(p)).
``(18) Security incident.--The term `security incident'
means an event that has, or could have, resulted in loss or
damage to Department assets, or sensitive information, or an
action that breaches Department security procedures.
``(19) Sensitive personal information.--The term `sensitive
personal information', with respect to an individual, means
any information about the individual maintained by an agency,
including the following:
``(A) Education, financial transactions, medical history,
and criminal or employment history.
``(B) Information that can be used to distinguish or trace
the individual's identity, including name, social security
number, date and place of birth, mother's maiden name, or
biometric records.
``(20) Subordinate plan.--The term `subordinate plan', also
referred to as a `system security plan', means a subordinate
plan defines the security controls that are either planned or
implemented for networks, facilities, systems, or groups of
systems, as appropriate, within a specific accreditation
boundary.
``(21) Training.--The term `training' means a learning
experience in which an individual is taught to execute a
specific information security procedure or understand the
information security common body of knowledge.
``(22) Va national rules of behavior.--The term `VA
National Rules of Behavior' means a set of Department rules
that describes the responsibilities and expected behavior of
personnel with regard to information system usage.
``(23) Va sensitive data.--The term `VA sensitive data'
means all Department data, on any storage media or in any
form or format, which requires protection due to the risk of
harm that could result from inadvertent or deliberate
disclosure, alteration, or destruction of the information and
includes information whose improper use or disclosure could
adversely affect the ability of an agency to accomplish its
mission, proprietary information, and records about
individuals requiring protection under applicable
confidentiality provisions.
``Sec. 5728. Authorization of appropriations
``There are authorized to be appropriated to carry out this
subchapter such sums as may be necessary for each fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 57 is amended by adding at the end the
following:
``SUBCHAPTER III--Information Security
``5721. Purpose.
``5722. Policy.
``5723. Responsibilities.
``5724. Provision of credit protection and other services.
``5725. Contracts for data processing or maintenance.
``5726. Reports and notice to Congress on data breaches.
``5727. Definitions.
``5728. Authorization of appropriations.''.
(c) Deadline for Regulations.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall prescribe regulations to carry out
subchapter III of chapter 57 of title 38, United States Code,
as added by subsection (a).
SEC. 903. INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAMS.
(a) Programs Authorized.--
(1) In general.--Title 38 is amended by inserting after
chapter 78 the following new chapter:
``CHAPTER 79--INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM
``Sec.
``7901. Programs; purpose.
``7902. Scholarship program.
``7903. Education debt reduction program.
``7904. Preferences in awarding financial assistance.
``7905. Requirement of honorable discharge for veterans receiving
assistance.
``7906. Regulations.
``7907. Termination.
``Sec. 7901. Programs; purpose
``(a) In General.--To encourage the recruitment and
retention of Department personnel who have the information
security skills necessary to meet Department requirements,
the Secretary may carry out programs in accordance with this
chapter to provide financial support for education in
computer science and electrical and computer engineering at
accredited institutions of higher education.
``(b) Types of Programs.--The programs authorized under
this chapter are as follows:
``(1) Scholarships for pursuit of doctoral degrees in
computer science and electrical and computer engineering at
accredited institutions of higher education.
``(2) Education debt reduction for Department personnel who
hold doctoral degrees in computer science and electrical and
computer engineering at accredited institutions of higher
education.
``Sec. 7902. Scholarship program
``(a) Authority.--(1) Subject to the availability of
appropriations, the Secretary may
[[Page H9012]]
establish a scholarship program under which the Secretary
shall, subject to subsection (d), provide financial
assistance in accordance with this section to a qualified
person--
``(A) who is pursuing a doctoral degree in computer science
or electrical or computer engineering at an accredited
institution of higher education; and
``(B) who enters into an agreement with the Secretary as
described in subsection (b).
``(2)(A) Except as provided in subparagraph (B), the
Secretary may provide financial assistance under this section
to an individual for up to five years.
``(B) The Secretary may waive the limitation under
subparagraph (A) if the Secretary determines that such a
waiver is appropriate.
``(b) Service Agreement for Scholarship Recipients.--(1) To
receive financial assistance under this section an individual
shall enter into an agreement to accept and continue
employment in the Department for the period of obligated
service determined under paragraph (2).
``(2) For the purposes of this subsection, the period of
obligated service for a recipient of financial assistance
under this section shall be the period determined by the
Secretary as being appropriate to obtain adequate service in
exchange for the financial assistance and otherwise to
achieve the goals set forth in section 7901(a) of this title.
In no event may the period of service required of a recipient
be less than the period equal to the total period of pursuit
of a degree for which the Secretary agrees to provide the
recipient with financial assistance under this section. The
period of obligated service is in addition to any other
period for which the recipient is obligated to serve on
active duty or in the civil service, as the case may be.
``(3) An agreement entered into under this section by a
person pursuing an doctoral degree shall include terms that
provide the following:
``(A) That the period of obligated service begins on a date
after the award of the degree that is determined under the
regulations prescribed under section 7906 of this title.
``(B) That the individual will maintain satisfactory
academic progress, as determined in accordance with those
regulations, and that failure to maintain such progress
constitutes grounds for termination of the financial
assistance for the individual under this section.
``(C) Any other terms and conditions that the Secretary
determines appropriate for carrying out this section.
``(c) Amount of Assistance.--(1) The amount of the
financial assistance provided for an individual under this
section shall be the amount determined by the Secretary as
being necessary to pay--
``(A) the tuition and fees of the individual; and
``(B) $1,500 to the individual each month (including a
month between academic semesters or terms leading to the
degree for which such assistance is provided or during which
the individual is not enrolled in a course of education but
is pursuing independent research leading to such degree) for
books, laboratory expenses, and expenses of room and board.
``(2) In no case may the amount of assistance provided for
an individual under this section for an academic year exceed
$50,000.
``(3) In no case may the total amount of assistance
provided for an individual under this section exceed
$200,000.
``(4) Notwithstanding any other provision of law, financial
assistance paid an individual under this section shall not be
considered as income or resources in determining eligibility
for, or the amount of benefits under, any Federal or
federally assisted program.
``(d) Repayment for Period of Unserved Obligated Service.--
(1) An individual who receives financial assistance under
this section shall repay to the Secretary an amount equal to
the unearned portion of the financial assistance if the
individual fails to satisfy the requirements of the service
agreement entered into under subsection (b), except in
circumstances authorized by the Secretary.
``(2) The Secretary may establish, by regulations,
procedures for determining the amount of the repayment
required under this subsection and the circumstances under
which an exception to the required repayment may be granted.
``(3) An obligation to repay the Secretary under this
subsection is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge order is
entered less than five years after the date of the
termination of the agreement or contract on which the debt is
based.
``(e) Waiver or Suspension of Compliance.--The Secretary
shall prescribe regulations providing for the waiver or
suspension of any obligation of an individual for service or
payment under this section (or an agreement under this
section) whenever noncompliance by the individual is due to
circumstances beyond the control of the individual or
whenever the Secretary determines that the waiver or
suspension of compliance is in the best interest of the
United States.
``(f) Internships.--(1) The Secretary may offer a
compensated internship to an individual for whom financial
assistance is provided under this section during a period
between academic semesters or terms leading to the degree for
which such assistance is provided. Compensation provided for
such an internship shall be in addition to the financial
assistance provided under this section.
``(2) An internship under this subsection shall not be
counted toward satisfying a period of obligated service under
this section.
``(g) Ineligibility of Individuals Receiving Montgomery GI
Bill Education Assistance Payments.--An individual who
receives a payment of educational assistance under chapter
30, 31, 32, 34, or 35 of this title or chapter 1606 or 1607
of title 10 for a month in which the individual is enrolled
in a course of education leading to a doctoral degree in
information security is not eligible to receive financial
assistance under this section for that month.
``Sec. 7903. Education debt reduction program
``(a) Authority.--Subject to the availability of
appropriations, the Secretary may establish an education debt
reduction program under which the Secretary shall make
education debt reduction payments under this section to
qualified individuals eligible under subsection (b) for the
purpose of reimbursing such individuals for payments by such
individuals of principal and interest on loans described in
paragraph (2) of that subsection.
``(b) Eligibility.--An individual is eligible to
participate in the program under this section if the
individual--
``(1) has completed a doctoral degree in computer science
or electrical or computer engineering at an accredited
institution of higher education during the five-year period
preceding the date on which the individual is hired;
``(2) is an employee of the Department who serves in a
position related to information security (as determined by
the Secretary); and
``(3) owes any amount of principal or interest under a
loan, the proceeds of which were used by or on behalf of that
individual to pay costs relating to a doctoral degree in
computer science or electrical or computer engineering at an
accredited institution of higher education.
``(c) Amount of Assistance.--(1) Subject to paragraph (2),
the amount of education debt reduction payments made to an
individual under this section may not exceed $82,500 over a
total of five years, of which not more than $16,500 of such
payments may be made in each year.
``(2) The total amount payable to an individual under this
section for any year may not exceed the amount of the
principal and interest on loans referred to in subsection
(b)(3) that is paid by the individual during such year.
``(d) Payments.--(1) The Secretary shall make education
debt reduction payments under this section on an annual
basis.
``(2) The Secretary shall make such a payment--
``(A) on the last day of the one-year period beginning on
the date on which the individual is accepted into the program
established under subsection (a); or
``(B) in the case of an individual who received a payment
under this section for the preceding fiscal year, on the last
day of the one-year period beginning on the date on which the
individual last received such a payment.
``(3) Notwithstanding any other provision of law, education
debt reduction payments under this section shall not be
considered as income or resources in determining eligibility
for, or the amount of benefits under, any Federal or
federally assisted program.
``(e) Performance Requirement.--The Secretary may make
education debt reduction payments to an individual under this
section for a year only if the Secretary determines that the
individual maintained an acceptable level of performance in
the position or positions served by the individual during the
year.
``(f) Notification of Terms of Provision of Payments.--The
Secretary shall provide to an individual who receives a
payment under this section notice in writing of the terms and
conditions that apply to such a payment.
``(g) Covered Costs.--For purposes of subsection (b)(3),
costs relating to a course of education or training include--
``(1) tuition expenses; and
``(2) all other reasonable educational expenses, including
fees, books, and laboratory expenses.
``Sec. 7904. Preferences in awarding financial assistance
``In awarding financial assistance under this chapter, the
Secretary shall give a preference to qualified individuals
who are otherwise eligible to receive the financial
assistance in the following order of priority:
``(1) Veterans with service-connected disabilities.
``(2) Veterans.
``(3) Persons described in section 4215(a)(1)(B) of this
title.
``(4) Individuals who received or are pursuing degrees at
institutions designated by the National Security Agency as
Centers of Academic Excellence in Information Assurance
Education.
``(5) Citizens of the United States.
``Sec. 7905. Requirement of honorable discharge for veterans
receiving assistance
``No veteran shall receive financial assistance under this
chapter unless the veteran was discharged from the Armed
Forces under honorable conditions.
``Sec. 7906. Regulations
``The Secretary shall prescribe regulations for the
administration of this chapter.
[[Page H9013]]
``Sec. 7907. Termination
``The authority of the Secretary to make a payment under
this chapter shall terminate on July 31, 2017.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, and of part V of title 38, are each
amended by inserting after the item relating to chapter 78
the following new item:
``79. Information Security Education Assistance Program.....7901''.....
(b) GAO Report.--Not later than three years after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report on the scholarship and education
debt reduction programs under chapter 79 of title 38, United
States Code, as added by subsection (a).
(c) Applicability of Scholarships.--Section 7902 of title
38, United States Code, as added by subsection (a), may only
apply with respect to financial assistance provided for an
academic semester or term that begins on or after August 1,
2007.
TITLE X--OTHER MATTERS
SEC. 1001. NOTICE TO CONGRESSIONAL VETERANS COMMITTEES OF
CERTAIN TRANSFERS OF FUNDS.
To the extent that the Secretary of Veterans Affairs is
required or directed, under any provision of law, to provide
written notice to any committee of Congress other than the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives on the transfer of appropriations from one
account to any other account, the Secretary shall also
transmit such notice to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives.
SEC. 1002. CLARIFICATION OF CORRECTIONAL FACILITIES COVERED
BY CERTAIN PROVISIONS OF LAW.
(a) Payment of Pension During Confinement in Penal
Institutions.--Section 1505(a) is amended by striking ``or
local penal institution'' and inserting ``local, or other
penal institution or correctional facility''.
(b) Allowances for Training and Rehabilitation for Veterans
With Service-Connected Disabilities.--Section 3108(g)(1) is
amended by striking ``or local penal institution'' and
inserting ``local, or other penal institution or correctional
facility''.
(c) Educational Assistance Benefits for Post-Vietnam Era
Veterans.--Section 3231(d)(1) is amended by striking ``or
local penal institution'' and inserting ``local, or other
penal institution or correctional facility''.
(d) Computation of Educational Assistance Allowances for
Veterans Generally.--Section 3482(g)(1) is amended by
striking ``or local penal institution'' and inserting
``local, or other penal institution or correctional
facility''.
(e) Computation of Educational Assistance Allowance for
Survivors and Dependents.--Section 3532(e) is amended by
striking ``or local penal institution'' and inserting
``local, or other penal institution or correctional
facility''.
(f) Limitation on Payment of Compensation and Dependency
and Indemnity Compensation.--Section 5313 is amended by
striking ``or local penal institution'' each place it appears
and inserting ``local, or other penal institution or
correctional facility''.
(g) Limitation on Payment of Clothing Allowance.--Section
5313A is amended by striking ``or local penal institution''
and inserting ``local, or other penal institution or
correctional facility''.
SEC. 1003. EXTENSION OF AUTHORITY FOR HEALTH CARE FOR
PARTICIPATION IN DOD CHEMICAL AND BIOLOGICAL
WARFARE TESTING.
Section 1710(e)(3)(D) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2007''.
SEC. 1004. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 38, United States Code.--
(1) Citation correction.--Section 1718(c)(2) is amended by
inserting ``of 1938'' after ``Act''.
(2) Citation correction.--Section 1785(b)(1) is amended by
striking ``Robert B.'' and inserting ``Robert T.''.
(3) Punctuation correction.--Section 2002(1) is amended by
inserting a closing parenthesis before the period at the end.
(4) Punctuation correction.--Section 2011(a)(1)(C) is
amended by inserting a period at the end.
(5) Cross reference correction.--Section 2041(a)(3)(A)(i)
is amended by striking ``under this chapter'' and inserting
``established under section 3722 of this title''.
(6) Citation correction.--Section 8111(b)(1) is amended by
striking ``into the strategic'' and all that follows through
``and Results Act of 1993'' and inserting ``into the
strategic plan of each Department under section 306 of title
5 and the performance plan of each Department under section
1115 of title 31''.
(7) Repeal of obsolete text.--Section 8111 is further
amended--
(A) in subsection (d)(2), by striking ``effective October
1, 2003,''; and
(B) in subsection (e)(2)--
(i) in the second sentence, by striking ``shall be
implemented no later than October 1, 2003, and''; and
(ii) in the third sentence, by striking ``, following
implementation of the schedule,''.
(8) Citation correction.--Section 8111A(a)(2)(B)(i) is
amended by striking ``Robert B.'' and inserting ``Robert
T.''.
(b) Public Law 107-296.--Effective as of November 25, 2002,
section 1704(d) of the Homeland Security Act of 2002 (Public
Law 107-296; 116 Stat. 2315) is amended--
(1) by striking ``101(25)(d)'' and inserting
``101(25)(D)''; and
(2) by striking ``3011(a)(1)(A)(ii)(II)'' and inserting
``3011(a)(1)(A)(ii)(III)''.
SEC. 1005. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED
IN PUBLIC LAW 109-361.
(a) Veterans' Disability Compensation.--Section 1114 is
amended--
(1) in subsection (a), by striking ``$112'' and inserting
``$115'';
(2) in subsection (b), by striking ``$218'' and inserting
``$225'';
(3) in subsection (c), by striking ``$337'' and inserting
``$348'';
(4) in subsection (d), by striking ``$485'' and inserting
``$501'';
(5) in subsection (e), by striking ``$690'' and inserting
``$712'';
(6) in subsection (f), by striking ``$873'' and inserting
``$901'';
(7) in subsection (g), by striking ``$1,099'' and inserting
``$1,135'';
(8) in subsection (h), by striking ``$1,277'' and inserting
``$1,319'';
(9) in subsection (i), by striking ``$1,436'' and inserting
``$1,483'';
(10) in subsection (j), by striking ``$2,393'' and
inserting ``$2,471'';
(11) in subsection (k)--
(A) by striking ``$87'' both places it appears and
inserting ``$89''; and
(B) by striking ``$2,977'' and ``$4,176'' and inserting
``$3,075'' and ``$4,313'', respectively;
(12) in subsection (l), by striking ``$2,977'' and
inserting ``$3,075'';
(13) in subsection (m), by striking ``$3,284'' and
inserting ``$3,392'';
(14) in subsection (n), by striking ``$3,737'' and
inserting ``$3,860'';
(15) in subsections (o) and (p), by striking ``$4,176''
each place it appears and inserting ``$4,313'';
(16) in subsection (r)--
(A) in paragraph (1), by striking ``$1,792'' and inserting
``$1,851''; and
(B) in paragraph (2), by striking ``2,669'' and inserting
``$2,757''; and
(17) in subsection (s), by striking ``$2,678'' and
inserting ``$2,766''.
(b) Additional Compensation for Dependents.--Section
1115(1) is amended--
(1) in subparagraph (A), by striking ``$135'' and inserting
``$139'';
(2) in subparagraph (B), by striking ``$233'' and ``$68''
and inserting ``$240'' and ``$70'', respectively;
(3) in subparagraph (C), by striking ``$91'' and ``$68''
and inserting ``$94'' and ``$70'', respectively;
(4) in subparagraph (D), by striking ``$109'' and inserting
``$112'';
(5) in subparagraph (E), by striking ``$257'' and inserting
``$265''; and
(6) in subparagraph (F), by striking ``$215'' and inserting
``$222''.
(c) Clothing Allowance for Certain Disabled Veterans.--
Section 1162 is amended by striking ``$641'' and inserting
``$662''.
(d) Dependency and Indemnity Compensation for Surviving
Spouses.--
(1) New law dic.--Subsection (a) of section 1311 is
amended--
(A) in paragraph (1), by striking ``$1,033'' and inserting
``$1,067''; and
(B) in paragraph (2), by striking ``$221'' and inserting
``$228''.
(2) Old law dic.--The table in paragraph (3) of such
subsection is amended to read as follows:
Monthly Monthly
Pay grade rate Pay grade rate
E-1.................................. $1,067 W-4 $1,276
E-2.................................. $1,067 O-1 $1,128
E-3.................................. $1,067 O-2 $1,165
E-4.................................. $1,067 O-3 $1,246
E-5.................................. $1,067 O-4 $1,319
E-6.................................. $1,067 O-5 $1,452
E-7.................................. $1,104 O-6 $1,637
E-8.................................. $1,165 O-7 $1,768
E-9.................................. $1,2151 O-8 $1,941
W-1.................................. $1,128 O-9 $2,076
W-2.................................. $1,172 O-10 $2,276 2
W-3.................................. $1,207 .......... .........
1 If the veteran served as Sergeant Major of the Army, Senior Enlisted
Advisor of the Navy, Chief Master Sergeant of the Air Force, Sergeant
Major of the Marine Corps, or Master Chief Petty Officer of the Coast
Guard, at the applicable time designated by section 1302 of this
title, the surviving spouse's rate shall be $1,312.
2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs
of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, Commandant of the Marine Corps, or
Commandant of the Coast Guard, at the applicable time designated by
section 1302 of this title, the surviving spouse's rate shall be
$2,443.
(3) Additional dic for children or disability.--Such
section is further amended--
(A) in subsection (b), by striking ``$257'' and inserting
``$265'';
(B) in subsection (c), by striking ``$257'' and inserting
``$265''; and
(C) in subsection (d), by striking ``$122'' and inserting
``$126''.
(e) Dependency and Indemnity Compensation for Children.--
(1) DIC when no surviving spouse.--Section 1313(a) is
amended--
(A) in paragraph (1), by striking ``$438'' and inserting
``$452'';
(B) in paragraph (2), by striking ``$629'' and inserting
``$649'';
(C) in paragraph (3), by striking ``$819'' and inserting
``$846''; and
[[Page H9014]]
(D) in paragraph (4), by striking ``$819'' and ``$157''
and inserting ``$846'' and ``$162'', respectively.
(2) Supplemental dic for certain children.--Section 1314
is amended--
(A) in subsection (a), by striking ``$257'' and inserting
``$265'';
(B) in subsection (b), by striking ``$438'' and inserting
``$452''; and
(C) in subsection (c), by striking ``$218'' and inserting
``$225''.
SEC. 1006. COORDINATION OF PROVISIONS WITH VETERANS PROGRAMS
EXTENSION ACT OF 2006.
(a) Earlier Enactment of This Act.--If this Act is
enacted before the Veterans Programs Extension Act of 2006 is
enacted into law, the Veterans Programs Extension Act of
2006, and the amendments made by that Act, shall not take
effect.
(b) Earlier Enactment of Veterans Programs Extension Act
of 2006.--If this Act is enacted after the enactment of the
Veterans Programs Extension Act of 2006, then as of the date
of the enactment of this Act, the Veterans Programs Extension
Act of 2006 and the amendments made by that Act shall be
deemed for all purposes not to have taken effect and the
Veterans Programs Extension Act of 2006 and the amendments
made by that Act shall cease to be in effect.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Buyer) and the gentlewoman from Florida (Ms. Corrine
Brown) each will control 20 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, under title I of the amended bill, veterans making
claims would be able to hire an attorney or an agent after a notice of
disagreement referred to as an NOD, with a VA benefits decision having
been filed. In the spirit of compromise, we worked with our Senate
counterparts to craft this provision in such a way as to provide
veterans with the opportunity to retain representation while protecting
them from unscrupulous attorneys, while at the same time with great
hope, not adding to the burden on VA's already overwhelmed claims
system.
Title II of the compromise language increases support of
servicemembers returning from the war on terror by improving VA's
outreach and increasing the number of clinicians treating post-
traumatic stress disorder, referred to as PTSD, and improving their
training.
The funds will also expand telehealth initiatives that are invaluable
to rural veterans and expand the number of community-based outpatient
clinics able to treat mental illnesses. The title further authorizes
spending for collaboration and PTSD diagnosis and treatment between the
VA and the Department of Defense. Families contending with the loss of
a loved one will also benefit from bereavement counseling authorized
under this bill.
Mr. Speaker, veterans undergoing blind rehabilitation treatment for
Parkinson's disease and multiple sclerosis, and those trying to break
the cycle of homelessness, will also see increased support under this
legislation. The bill authorizes $2 billion for blind rehabilitation
specialists and increases the number of facilities where these
specialists will be located. It also authorizes the VA to designate six
Parkinson's Disease Research, Education and Clinical Centers of
Excellence and at least two multiple sclerosis centers of excellence.
The compromise legislation also strengthens VA's homeless grant and
per diem programs. The provisions in title III would also make
modifications to veterans education programs.
Mr. Speaker, I have been fortunate to meet some of these spouses of
our severely wounded veterans, and I must say there is no one more
deserving than these spouses who care for their wounded, America's
heroes and their husbands on a daily basis.
Therefore, section 3 of the compromise contains a provision to
authorize the VA to provide these education benefits under chapter 35
of title 38 of U.S.C. to these spouses' independent children of these
severely injured servicemembers prior to the members' discharge, these
servicemembers who in the opinion of the VA will most likely be
discharged with permanent and total service-connected disabilities.
Rather than wait the 2- or 3-year time period, let us permit the
spouses then to obtain their educational benefits so they can gain an
education. When the husband or wife receives his or her discharge, they
are then able to care for the family. Given the long convalescence many
of these severely injured servicemembers experience while being on
active duty, this provision, I think, makes a great deal of sense in
how we support our families.
{time} 1130
This is not a new benefit. The current law requires severely injured
servicemembers to already be discharged for a condition qualifying for
a chapter 35 benefit. We merely authorize the VA to pay these benefits
sooner to those who would qualify following a member's discharge.
Mr. Speaker, under title III of the amended bill, it would also
clarify the VA's pro rata refund policy for nonaccredited education
institutions. We extend the authorization for work-study positions
located at the VA cemeteries, State veterans homes and State approving
agencies through June 30, 2007. We would require the VA to report on
methods to improve and streamline the administrative processes and
procedures of education programs in chapters 30 through 36 of title 38
of the United States Code and restore lost entitlement for certain
chapter 35 education beneficiaries forced to discontinue a course of
education due to being called to full-time National Guard duty.
Mr. Speaker, title IV, section 402, contains a provision that would
extend for 1 year the VA Secretary's authority to provide the family of
a veteran interred in a private cemetery with a government marker or
any headstone. Congress had previously given the Secretary a 5-year
authority effective for deaths that had occurred as of September 11,
2001. However, this authority expires on December 31 of this year.
Section 403 of the compromise agreement would allow tribal
governments to participate in the VA's State Cemeteries Grants Program.
This program dates back to 1978 and complements the department's
National Cemetery System.
Title V of the compromise language improves the status of veteran and
disabled veterans small businesses when competing for contracts at the
Department of Veterans Affairs. There would be a reasonable
expectation, Mr. Speaker, that all of the Federal Government's agencies
in the Department of Veterans Affairs would be a leader in achieving
the President's goal for annual procurement from at least 3 percent of
the disabled veteran-owned businesses. Sadly, our most recent data from
fiscal year 2005 indicates that the VA did barely over half of what the
President directed and the public law required.
Mr. Speaker, the compromise agreement would also require the VA
Secretary to establish annual contracting goals for small businesses
owned and controlled by veterans and service-disabled veterans. The
goal of the service-disabled veterans would not be less than 3 percent
of these contracts. The veteran and disabled veteran-owned small
businesses would be given priority in VA contracting as well as
priority among other set-aside groups eligible for preferential
treatment under the Small Business Act.
Title VI of this compromise bill contains provisions affecting the
Department of Labor's Veterans Employment and Training Service. The
compromise agreement would also clarify the part-time employment of
DVOPS and LVERs, which is half-time employment, and require that DVOPS
and LVERs hired after the date of enactment successfully complete
training by the National Veterans Training Institute within 3 years of
appointment.
Finally, title VI of the compromise would establish a 3-year
demonstration program to identify not less than 10 military
occupational specialties that would lead to State licensing and
authorize the use of any unobligated funds for the project through
fiscal year 2009.
Title VII provisions of the legislation strengthen support for
homeless veterans, increasing authorization for housing, per diem
payments and other specialized services. It also creates a VA Office of
Rural Health and dramatically improves outreach for rural veterans.
State veterans homes will now be reimbursed by VA for the cost of
care provided to veterans with 70 percent or higher service-connected
conditions. Further, veterans in these homes with service-connected
conditions rated at
[[Page H9015]]
least 50 percent would receive their medications free of charge. In
order to increase access to long-term care, VA would conduct a pilot
program that makes non-VA facilities, such as community hospitals,
eligible for State veterans home per diem payments.
Mr. Speaker, title VIII of the compromise language authorizes $36.8
million for advanced planning of a collaboration project between the
Ralph H. Johnson VA Medical Center in Charleston, S.C. and the adjacent
Medical University of South Carolina, referred to as MUSC.
The project is likely to ensure that veterans in the low country of
South Carolina receive the highest quality and state-of-the-art
facilities. It would replace the aging infrastructure of the VA
facilities and combine this with the MUSC facilities which are
adjacent. Connecting these facilities, not just the sharing of
clinicians, which is now the case, is the way to go.
There is very expensive and advanced medical equipment, lab and
ancillary services. That is the goal of this collaboration. Both VA and
the Medical University will remain committed to preserving VA's unique
identity and commitment to veterans priorities. The enhanced
collaboration envisioned in Charleston is innovative and will serve as
a national model as its design and operation benefiting from the best
minds in the public and private sectors will afford South Carolina
veterans higher quality, more efficient care and truly state-of-the-art
facilities.
This is a big deal, Mr. Speaker. It is a big deal because this idea
is going to be leveraged also into Louisiana.
We are authorizing over $600 million for repair and replacement of
flood and hurricane-damaged facilities in New Orleans and along the
gulf coast of Mississippi.
The bill authorizes $98 million for the replacement of the VA Medical
Center in Denver and directs the Secretary of Veterans Affairs to
explore the viability of public-private partnerships as he moves
forward in Denver.
Twenty-two other major construction projects in 15 States are
authorized in this bill, which also approves continued leasing of eight
medical facilities and requires the VA to explore options for
construction of a new facility in San Juan, Puerto Rico.
Mr. Speaker, on May 3, 2006, an incident of a VA employee's stolen
laptop computer potentially put at risk the personal data of 25.6
million veterans and 2.2 million Active Duty, Guard and Reservists.
This was the largest information security breach to have occurred in
government and it is the second largest such security breach in the
Nation's history.
Title IX of the compromise bill would protect our veterans and
servicemembers from the misuse of their sensitive personal information.
The bill directs the VA to provide breach notification to individuals,
reports to Congress, broad alerts, data breach analysis and credit
monitoring services, and identify theft insurance.
Title IX, what we do is direct the Secretary to issue implementing
regulations within 180 days of enactment of this bill.
Finally, Mr. Speaker, title X of the compromise language makes
technical and clarifying amendments to title 38
Mr. Speaker, I reserve the balance of my time.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I yield such time as she
may consume to the gentlewoman from Nevada (Ms. Berkley).
Ms. BERKLEY. Mr. Speaker, I want to particularly thank the gentlelady
for yielding. We have a bit of a time crunch, and I appreciate her
graciousness.
Mr. Speaker, I would like to thank Chairman Buyer, Ranking Member
Evans and acting Ranking Member Filner for moving forward on this bill.
This legislation will provide our veterans with a number of important
benefits, and I am absolutely delighted to be able to be here and speak
in favor of it.
I want to particularly mention a provision in this legislation that
will permit Native American tribal organizations to apply for VA State
cemetery grants. This will allow tribes such as the Paiutes in Nevada
to build or expand cemeteries on their reservations so that Native
American veterans can be laid to rest near their families in veterans
cemeteries.
In addition, with this bill, veterans will have the choice as to
whether to have attorney representation in the VA claims process. While
some veterans may choose to hire a lawyer, veteran service
organizations will continue to maintain their traditional role in the
VA claims process.
I am pleased that this legislation includes a number of safeguards.
For example, veterans will only be able to hire an attorney after they
actually disagree with the VA decision. This provision is from similar
legislation that Lane Evans and I introduced earlier. This legislation
is about giving veterans a choice. Now our Nation's heroes will simply
have the option of hiring an attorney if they choose to.
I am delighted that this bill includes four lease authorizations on
leases that will soon expire in Las Vegas, and perhaps most important
and most sought after is a $406 million authorization for a new VA
medical center in Las Vegas on which we broke ground this past October.
This complex will include a hospital, an outpatient clinic and a
nursing home. My veterans desperately need this facility as Las Vegas
has the fastest growing veterans population in the United States, but
does not have a VA medical center or hospital or clinic.
This authorization is crucial, crucial, to veterans in Southern
Nevada. I am pleased that we have been able to reach an agreement on
these provisions during a time of war and when we are seeing new
veterans returning home from Iraq and Afghanistan. We must provide our
veterans with the benefits and care they deserve, they have earned, and
that they are entitled to.
I fully support this legislation, and I urge its support.
Mr. BUYER. Mr. Speaker, will the gentlewoman yield?
Ms. BERKLEY. I yield to the gentleman from Indiana.
Mr. BUYER. Ms. Berkley, I want to thank you. I want to thank you for
your tenacity, for your commitment to your veterans that you serve, not
only in your district, but across the country. I have enjoyed working
with you on your project in Las Vegas. I enjoyed my visits with you
when I was out there.
One of the challenges which we face is the growth of population that
you have in Las Vegas, which is like none other in the country. I know
that Ms. Brown believes that Orlando is growing the fastest, but Las
Vegas, it is beyond comprehension how you are able to stay ahead of it.
So whatever we plan today, what I have learned about working with
you, what we planned 2 years ago is already obsolete today. This is an
ongoing issue that I want to work with the gentlelady with, and I
compliment your effort and leadership
Ms. BERKLEY. Mr. Speaker, reclaiming my time, while I don't want to
turn Congress into a mutual admiration society, let me thank the
chairman for helping make this compromise a reality. I know that he
must have been working very late into the night last night. This is
important stuff. We both know it. We all know it. I am very glad we
were able to bring this to the floor. Thank you very much for your
sensitivity to my veterans needs. I don't think Las Vegas will soon
forget your visit to our fair city.
Mr. Speaker, once again, I thank Congresswoman Brown.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I also want to thank the gentlelady. Having visited her
area, I understand the fast growth that she is experiencing with VA and
her veterans. So I strongly support a new facility in her area, and
will talk in a few minutes about the needs of the veterans in Central
Florida for over 25 years.
Mr. Speaker, I rise in support of the Veterans Benefit Health Care
and Information Technology Act of 2006. This bill, as its title
suggests, authorizes new benefits and health care programs for
veterans. The bill authorizes needed construction of VA medical
facilities and leases for VA clinics across the Nation. The bill also
addresses significant vulnerabilities in VA's information technology
security.
I am proud that working with the gentleman from Indiana, Mr. Buyer,
the chairman of our committee, and our colleagues in the Senate,
Chairman
[[Page H9016]]
Craig and Ranking Member Akaka, we have been able to draft a solid
veterans bill before we recess.
Mental health: I have been a firm advocate that we must do more to
help veterans with mental health concerns and their families. The
legislation we consider today has many important mental health
provisions which will expand VA capacities to address the mental health
concerns of veterans.
One example, the bill authorizes the VA to have marriage and family
therapists and the other mental health professionals. Today we are
sending a clear signal that we want to help the families of veterans
with posttraumatic stress disorder stay strong, stay resilient and stay
together.
This bill requires the VA to ensure that each community-based
outreach clinic has the capacity to provide mental health services.
This bill requires the VA to increase the number of vet centers able to
use telemedicine to provide counseling for veterans. This is especially
important for veterans living in rural areas. This bill requires VA to
increase the outreach service of vet centers.
Passing this legislation is an important first step, but we must be
vigilant to be sure that VA implements the law as we intended them.
Long-term care: In just a few years, VA estimates that there will be
1.3 million veterans who will be 85 years old and older. Because of
their age, these men and women will most likely need long-term nursing
care or other assistance. This bill requires VA to develop and publish
a comprehensive plan for the long-term care of veterans.
Since 1888, State veterans homes have played an important role to
provide care for our Nation's disabled veterans. This bill enhances
this important Federal and State partnership by ensuring that
medication is provided at no cost to veterans with a 50 percent or more
service-connected disability. This bill also increases veterans
reimbursement for the cost of care for veterans with significant
service-connected disabilities.
Rural care: We all have heard of the frustration and challenges rural
veterans face in trying to access medical care from the VA. This
legislation helps focus VA efforts on addressing the needs of veterans
in rural areas. The bill establishes a VA Office of Rural Health Care
and requires the director of the new office to develop a plan to
improve rural veterans access to VA care.
Outreach to recent veterans. This bill also requires the VA to
conduct an extensive outreach program to veterans who served in Iraq
and Afghanistan and have returned home to rural communities.
{time} 1145
This provision is proactive and presses VA to reach out to veterans
and build on the strengths of our small towns and communities.
Construction. This omnibus measure also authorizes VA major facility
construction projects and leases. It has been some time now since
Congress acted to address the health care infrastructure of the
Department of Veterans Affairs.
At this time, I want to mention the facility in Orlando, which has
been in the pipeline and gone through the process for over 25 years,
and that is one reason why I am extremely pleased that we are bringing
this bill up today. The veterans in our area that have come from all
over the country can no longer wait for a facility, and I am very
pleased that the facility in Orlando and the facility not just in
Orlando but in Florida and all over the country, including New Orleans
whose facility was destroyed, and other places will get the
authorization that it needs to move forward.
While I am proud that we are moving forward on important veterans
legislation, I remain deeply frustrated and concerned that it still
appears that we are still ending this congressional session leaving
veterans without a funding bill. Even with a continuing resolution, we
are undermining VA's health care system and shortchanging veterans. At
the medical center level, a delay in the fiscal year 2007 funding
translates into delays in hiring nurses and other hospital staff. It
means staff work longer hours and are stretched thin. It means quality
of care is put at risk. It means longer waiting lines for veterans.
This failure to pass a budget is a clear illustration of the need for
mandatory or assured funding of VA health care, and I firmly support
it. In the next Congress, we need to look seriously at alternate ways
to assure adequate funding for veterans health care.
Needed action. This bill is a good bill, but even this hefty omnibus
bill leaves some of our work incomplete.
I believe that we owe it to our newest veterans to modernize the GI
bill, especially including meaningful benefits for the Guard and
Reserve.
We must increase VA's capacity to meet the rehabilitation and long-
term care needs of veterans with traumatic brain injuries.
We must continue to monitor and strengthen VA's capacity to help
veterans with post-traumatic stress disorder and other mental health
concerns.
As we work to address the emerging issues of veterans returning from
Iraq and Afghanistan, we must also continue to press VA to meet the
health care needs of veterans exposed to Agent Orange and veterans
struggling with a range of Gulf War illnesses.
Today's bill permanently authorizes VA's homeless grant and per diem
program, which I think is very important because I know that we have
all looked in our area and seen the homelessness. We know that one-
third of those homeless are veterans, and so this bill helps homeless
grants and per diem programs. This is a good program. We must help it
grow to address more than a fraction of the homeless veterans on the
streets. This is really unacceptable.
We need to work together in the next Congress to acknowledge where
there are problems in the VA system and fix them.
Finally, I want to thank all of the VA staff on both the Republican
and Democratic side for their dedication and hard work, and I know they
have worked into the night for the last two nights to serve our
Nation's veterans. I personally appreciate the work that they have
done, and I appreciate the work that the leadership has done. I think
it is a good bill. It is a good start, and I urge my colleagues to
support it
Mr. Speaker, I reserve the balance of my time.
Mr. BUYER. Mr. Speaker, I yield 5 minutes to the gentleman from South
Carolina (Mr. Brown), the subcommittee chairman on health.
Mr. BROWN of South Carolina. Mr. Speaker, I thank the gentleman for
yielding me this time.
Let me begin by thanking our esteemed chairman Mr. Buyer for all his
hard work this Congress. Under his leadership, this committee has
fought to do what is right for veterans, and I am proud to serve on
this committee and even more proud to call him my friend.
I also want to thank our ranking member, Mr. Evans, and acting
ranking member, Mr. Filner, and my ranking colleague Mr. Michaud for
all of their efforts. I have a great deal of respect for the bipartisan
commitment to our Nation's veterans this committee holds and look
forward to continuing our work together next year.
Likewise, Chairman Craig and Ranking Member Akaka of our sister
committee in the Senate have also made enormous contributions to the
bill before the House today, and I appreciate their support for moving
this compromise agreement before this Congress adjourns.
All of us have had the opportunity to spend time with some of the men
and women who have been injured as a result of their service to this
Nation. There are few more important ways we could demonstrate our
appreciation for their sacrifice than to set in place authorizations
that will help improve the quality and access to health care services
these folks will require. I believe we have accomplished that in this
bill.
The legislation we are now considering incorporates substantial
measures contained in a number of House and Senate bills addressing
veterans health care benefits. As the Health Subcommittee chairman, I
am especially pleased that this bill supports new and innovative
collaborative partnerships between VA and medical universities and
Federal, State and local health entities and the private sector to
improve the quality of care delivered to those who have faithfully
[[Page H9017]]
served this country. The chairman believes, as I do, that local health
care economies can and should be leveraged whenever possible to enhance
VA health care delivery and keep pace with 21st-century technology.
Collaboration is becoming increasingly essential in delivering health
care across the Nation. So long as we remain true to the distinct
identity of the VA, and so long as we ensure the continued quality
associated with VA care, VA collaboration on joint ventures with its
extensive medical university affiliations and the Department of Defense
could be mutually advantageous for all organizations.
In the package before us today, we have a number of exciting possible
collaboration projects, including one that is certainly dear to me, and
that is the authorization of the advanced planning and design for what
might someday be a joint hospital complex between the VA and the
Medical University of South Carolina. Likewise, the bill also
authorizes co-location of a new VA medical center with the Louisiana
State University in New Orleans, a project that is incredibly important
considering the devastation that was visited on the area by Hurricane
Katrina.
As I have stated, I believe the collaborative projects are critically
important in terms of fully leveraging available local resources, and I
am hopeful that the diligent and bipartisan work of the committee in
this area will continue in the new Congress.
In addition to the construction-related provisions of this bill, I
would like to briefly mention a few of the important health measures
this bill includes:
Improves VA's ability to respond to the mental health needs of our
veterans, including increasing mental health care funding, expanding
mental health services at all VA facilities and increasing the number
of clinical care providers dedicated to the treatment of PTSD;
Establishes an Office of Rural Health and improves outreach programs
to increase access to care for veterans in rural areas;
Requires the Secretary of the VA to establish a strategic plan for
long-term care; and
Extends and improves programs for homeless veterans, including grants
for community care providers and VA treatment and rehabilitation
services for homeless veterans who are mentally ill.
Whether it is improved access to vet centers for newly returning
veterans, the improved access to telehealth services, or the
codification of the Parkinson's disease and MS centers, this bill is
important. It is not only important because of the authorizations it
contains but because it represents our commitment to those who have
served. I am committed to doing what is right on their behalf, and I
know my colleagues on the committee feel the same.
So I would urge the rest of my friends in this body to support this
bill, and in doing so, send a strong signal to our servicemembers
letting them know that we support them, not only when they are in
harm's way but upon their return as well.
Again, I urge my colleagues to join me in supporting this legislation
Mr. BUYER. Mr. Speaker, I yield 2\1/4\ minutes to the gentleman from
Arkansas (Mr. Boozman), subcommittee chairman.
Mr. BOOZMAN. Mr. Speaker, I certainly want to congratulate Mr. Buyer
and thank him and thank the staff on both sides, the chairman, Ranking
Member Evans, Acting Ranking Member Filner, and again all of the staff
for your hard work in getting this bill together. It is a very, very
good bill.
The bill before the House makes improvements in nearly every major
area of veterans programs. I am especially proud of the provisions that
originally passed the House in H.R. 3082. That bill, and now S. 3421,
contains significant changes to how the Department of Veterans Affairs
and the Department of Labor's Veterans Employment and Training Service
meet the small business and employment needs of America's veterans.
Mr. Speaker, the Federal Government has fallen woefully short in
meeting the disabled veteran-owned small business contracting goals set
forth in Public Law 106-50 and Presidential Executive Order 13360.
Since the law and directive took effect, only one major Federal agency
has met the 3 percent goal for disabled veteran-owned small businesses.
This is certainly a very, very poor record. This bill provides the
Department of Veterans Affairs with the tools and requisite authorities
to not only meet the goal but to exceed the goal.
The bill also makes several important improvements in the delivery of
employment services to veterans. As a result, State workforce agency
employees funded by the Veterans Employment and Training Service will
be better trained in their duties. The Secretary of Labor will have
additional authority to hold States accountable for job placement
results. The bill also makes it easier for servicemembers transitioning
to civilian life by authorizing a pilot program to break down barriers
to qualifying for State licenses based on military training, education,
and experience.
Mr. Speaker, again, this is an excellent bill. I want to again thank
you for all of the hard work on both sides for the effort that was done
and very much support the passage of this bill.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I yield 3 minutes to the
gentlewoman from New York (Mrs. Maloney), my classmate.
Mrs. MALONEY. Mr. Speaker, I thank the gentlewoman for yielding and
for her leadership on this extremely important issue and many others.
I rise in strong support of this bill. We need to support our
veterans when they are in harm's way; and when they return home, we
have to give them the support for their health care and for their lives
that they deserve.
I am very pleased that the Veterans Administration is continuing to
support the 23rd Street Veterans Hospital in Manhattan in my district,
which is rated as one of the best veterans hospitals in this country, a
center of excellence in six different categories.
Under this bill, that hospital and other veterans hospitals and
outreach centers will have additional support for mental health.
Regrettably, many of our veterans from Iraq and Afghanistan, and our
veterans even from the Vietnam and the Gulf wars, are suffering from
post-traumatic stress. Many of them have this challenge, and this bill
addresses it and puts support there for our returning men and women.
I am extremely pleased that one of the first bills that I ever
introduced in this Congress, H.R. 4537, the Veterans Housing Fairness
Act, is part of this bill. A home is a home whether you live in a
condominium or in a traditional house or a mobile home or a townhouse.
Yet, currently, VA loans cannot be used to purchase cooperative
residential units.
{time} 1200
This bill corrects this and allows veterans, whether they live
vertically in co-ops or horizontally in homes or in mobile homes, it
allows them to use this loan to purchase their home. A home is a home
for a veteran, no matter where they are. This will help many returning
veterans and veterans that currently live in New York City. And I thank
my colleagues for their support, particularly Senator Schumer in the
Senate and of course Chairman Buyer and Ranking Member Filner for their
hard work on this. Let me tell you that it is so important, what we are
doing today. This includes many important provisions, and I thank them.
As the cochair of the Parkinson's caucus, I am very pleased that the
bill includes six Parkinson's Disease research education centers.
Regrettably, many of our returning veterans are suffering from
Parkinson's similar symptoms, and this will help us to research this,
help our veterans and others suffering from Parkinson's.
It is a thoughtful bill, it is inclusive, and I am particularly
pleased that it is one of the first bills that I introduced; a home is
a home whether it is a co-op or a mobile home, and our veterans will be
able to use their VA loans to purchase the appropriate housing for them
in the areas that they live.
I thank all of my colleagues for their hard work on this. My
colleague, Corrine Brown, we came to Congress together. I thank you
very much. I thank as well Shelley Berkley.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I have no further requests
[[Page H9018]]
for time, and I yield back the balance of my time.
Mr. BUYER. Mr. Speaker, I would like to thank my colleagues from the
committee from both sides of the aisle for their bipartisanship in the
crafting and supporting of a substantive and forward-thinking bill. It
enhances veterans health care and benefits both through stronger
veterans programs and through fundamental organizational reforms and
innovation.
I would also like to thank the chairman of the House Armed Services
Committee and Ranking Member Ike Skelton. Mr. Skelton, if you please,
extend to your staff, they worked through the night with us, because
there are certain things in our bill that mentioned DOD and they were
wonderful to work with. So please extend our appreciation for their
work.
I would also like to thank the leadership of Chairman Henry Brown and
Ranking Member Mike Michaud for their good work on the Health
Subcommittee; Chairman Jeff Miller and Berkley on their leadership on
benefits; Chairman John Boozman and his leadership, along with Ms.
Herseth on economic opportunity; Chairman Michael Bilirakis and Mr.
Strickland on ONI.
I would also like to extend an appreciation to Ranking Member Lane
Evans and that of the acting Ranking Member, Mr. Filner. I also extend
deep appreciation to Senator Larry Craig and Ranking Member Akaka of
the Senate Veterans Affairs Committee whose vision and collaborative
spirit do veterans justice.
Without the around-the-clock efforts by our dedicated staff both in
the House and the Senate, I would not be standing here today, nor would
our veterans and their families be the beneficiaries of a better VA
system tomorrow.
I also want to thank Senator Lindsey Graham and former Senator Ernest
Hollings and Dr. Ray Greenberg of MUSE, who recognized the value of the
``Charleston model'' that will now be hopefully leveraged across the
country to bring state-of-the-art medicine to veterans.
I also want to thank Senator Richard Burr from North Carolina for his
leadership and care to provide for America's homeless veterans.
General Leave
Mr. BUYER. Mr. Speaker, I ask unanimous consent to revise and extend
my remarks, and that all Members may have 5 legislative days to revise
and extend their remarks and include extraneous matter on S. 3421.
The SPEAKER pro tempore (Mr. Simpson). Is there objection to the
request of the gentleman from Indiana?
There was no objection
Mr. MILLER of Florida. Mr. Speaker, I seek recognition to express my
support for the House amendment to S. 3421, the Veterans Benefits,
Health Care, and Information Technology Act of 2006. This bill contains
more than 60 provisions that will improve the lives and well-being of
servicemembers, veterans, and other Department of Veterans Affairs (VA)
beneficiaries. I would like to address a few of the provisions
contained in the compromise agreement.
Section 101 of the House amendment would permit veterans and other
claimants seeking benefits from VA to have the choice of hiring and
paying an attorney to represent them before the agency once a notice of
disagreement has been filed. Current law prohibits an attorney from
receiving a fee for representing a claimant until the Board of
Veterans' Appeals renders its first decision on the claim.
Unfortunately, the claims process has become very complex and can be
very overwhelming to some claimants. This provision would give veterans
the option of hiring an attorney earlier in the process if they believe
they need assistance with their claim. Unlike some who have opposed
this policy change, I believe veterans are competent to make their own
decision as to whether they want to hire an attorney to assist them
with their claim. This section is similar to a bill I introduced
earlier this year, H.R. 5549, the Veterans' Choice of Representation
Act of 2006.
Section 401 of the House amendment would authorize the Secretary to
furnish a memorial headstone or marker for an eligible dependent child
whose remains are unavailable, or, if feasible, add a memorial
inscription to an existing headstone or marker provided by VA.
Currently, VA may provide a memorial headstone or marker for a veteran,
spouse, or surviving spouse when remains are unavailable. However, if a
spouse and child die at the same time and in the same manner and their
remains are unavailable, a veteran cannot receive a memorial headstone
honoring the child. The provision would correct this inconsistency and
is identical to a provision what was passed by the House in July 2006.
Section 402 of the House amendment would extend, until December 31,
2007, the Secretary's authority to furnish a government marker to those
families who request one for the marked grave of a veteran buried at a
private cemetery and who died on or after September 11, 2001. Under
current law the Secretary's authority expires on December 31, 2006.
This provision was also passed by the House in July of this year.
Section 403 of the House amendment would authorize the Secretary to
make grants to tribal organizations to assist them in establishing,
expanding, or improving veterans' cemeteries on trust lands. Under
current law, tribal organizations are not eligible for state cemetery
grants. This provision was passed by the House in July 2006.
Section 404 of the House amendment would direct the Secretary of the
Army to remove the remains of Russell Wayne Wagner from Arlington
National Cemetery and establish procedures that the Secretary must
follow in carrying out this directive. Mr. Wagner was a convicted
murderer who died in prison but slipped through a crack in the law and
was inurned at Arlington National Cemetery. Congress amended the law to
tighten eligibility standards earlier this year and this provision
would restore the sanctity of Arlington by removing his remains from
this hallowed ground. I support this provision, which is similar to
section 3 of H.R. 4352, a bill I introduced in November 2005.
I would like to mention one final provision that is of interest to
me. Section 823 of the House amendment would require the VA, in
consultation with the Secretaries of Defense and Air Force, to submit
to the Committees on Veterans' Affairs and Armed Services of the Senate
and House of Representatives a report on the options for the
construction of a new medical facility in Okaloosa County, Florida. The
report would be due 180 days after the date of enactment of this bill.
This report is an important step forward in determining the best way to
address the VA health care needs of veterans and servicemembers in and
around Okaloosa County.
In closing, it has been an honor to serve with the dedicated members
of the Veterans' Affairs Committee and to chair the Subcommittee on
Disability Assistance and Memorial Affairs during the 109th Congress. I
look forward to continuing to work with my colleagues on both sides of
the aisle in the 110th Congress to continue to build on the good works
we have done this Congress.
The bill before us today represents the culmination of thousands of
hours of work and a great amount of energy expended by members and
staff of the House and Senate Veterans' Affairs Committees and the
provisions of this bill will benefit veterans and other VA
beneficiaries.
I urge my colleagues to support the House amendment to S. 3421.
Mr. LANGEVIN. Mr. Speaker, today we are debating S. 3421, a bill that
would authorize major Veterans Affairs medical facility projects and
also overhaul VA information technology.
A goal of this bill is also to provide more resources for mental
health services to veterans. It is one of our most important
obligations to help those troops returning from combat to readjust to
society, particularly those suffering from mental health issues, such
as Post-Traumatic Stress Disorder (PTSD). Research has already
demonstrated that military service in Iraq and Afghanistan, like
service in past combat zones, is having an adverse effect on the mental
health of our men and women in uniform.
We have certainly improved the mental health services offered to our
troops. However, I am concerned about a recent Government
Accountability Office report which found that not only did the VA not
spend all of its money allocated for mental health services, but they
also lacked proper oversight of how the funding was spent. Furthermore,
there have been media reports that the mental health services in place
for servicemembers returning from Iraq and Afghanistan have been
overwhelmed and unable to accommodate those seeking help in a timely
fashion. It has also been reported that the stigma surrounding the
admission of having mental health issues still exists. Sadly, many
servicemembers are afraid to admit to symptoms related to PTSD while
still in the service, since it may jeopardize their military career.
Mr. Speaker, we cannot cut corners on this issue, and we certainly
cannot ignore the veterans and servicemembers who will be left behind
if they do not get the help they need. Our patriotic and reassuring
words are not enough, especially when we are dealing with men and women
with real mental health issues. We must ensure that our veterans and
servicemembers are provided with the access to specialized mental
health care they deserve. We need to legislate better oversight, both
to ensure the funding is allocated appropriately, and also to make sure
the programs
[[Page H9019]]
are working properly and addressing all concerns.
I am ready to deal with this difficult issue in the next Congress
because we owe it to the brave men and women who have served our nation
with courage and integrity. We need to show them the same.
Mr. BUYER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Indiana (Mr. Buyer) that the House suspend the rules and
pass the Senate bill, S. 3421, as amended.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill, as amended, was passed.
The title of the Senate bill was amended so as to read: ``An Act to
amend title 38, United States Code, to repeal certain limitations on
attorney representation of claimants for benefits under laws
administered by the Secretary of Veterans Affairs, to expand
eligibility for the Survivors' and Education Assistance Program, to
otherwise improve veterans benefits, memorial affairs, and healthcare
programs, to enhance information security programs of the Department of
Veterans Affairs, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________