[Congressional Record Volume 159, Number 58 (Thursday, April 25, 2013)]
[Senate]
[Pages S3031-S3045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DONNELLY:
S. 810. A bill to require a pilot program on an online computerized
assessment to enhance detection of behaviors
[[Page S3032]]
indicating a risk of suicide and other mental health conditions in
members of the Armed Forces, and for other purposes; to the Committee
on Armed Services.
Mr. DONNELLY. Mr. President, I wish to take time to speak about an
important issue that needs immediate attention, suicide among our
servicemembers and veterans. Last year, we lost more servicemen and
women to suicide than we lost in combat in Afghanistan.
In 2012, approximately 349 members of the U.S. military, including
Active-Duty, Guard, and Reserve, committed suicide--more than the total
number of servicemembers who died in combat operations. This number
does not even include the more than 6,000 veterans we lost last year to
suicide. This is unacceptable. This has to end.
Today, I am introducing my first bill as a Senator, the Jacob Sexton
Military Suicide Prevention Act of 2013. We are doing this to address
this pervasive issue. This bill seeks to better identify servicemembers
struggling with mental health issues and to ensure they receive the
assistance they need before resorting to this tragic act.
I named this bill after a member of the Indiana National Guard, Jacob
Sexton, a native of farmland Indiana, who tragically took his life in
2009 while home on a 15-day leave from Afghanistan. His death came as a
shock to his family and his friends as well as his fellow Guard
members.
This is a picture of Jacob while on duty. He is an American hero. He
did everything he could to serve his country and to help people from
another country, to help people around the world live a better life.
A couple months ago, I heard from Jacob's dad Jeff, and I have since
learned about his childhood in Indiana, Jacob's service to our Nation,
and the big heart he always showed through his dedication to bringing
winter coats to all the kids he met in Afghanistan during his
deployment.
Jeff, along with his wife and Jacob's mom Barbara, has since become
an advocate for suicide prevention. They want to make sure what
happened to Jacob doesn't happen to anyone else. They helped inspire
this bill, and I thank them for their dedication to preventing these
tragedies for other parents and loved ones of men and women in uniform.
This is a collage made in honor of Jacob by his mom Barbara, and it
is a reflection of who he was, the things he did, the people he served,
and the wonderful spirit of ``can do'' and ``how can I help my
country'' that permeated who he was. My hope is we can help men and
women similar to Jacob who are struggling with mental health issues to
get the help they need before they resort to taking their own life.
The facts on military suicides are stark. According to the Department
of Veterans Affairs and the Centers for Disease Control, at least
30,000 veterans and military members have committed suicide since the
Department of Defense began closely tracking these numbers in 2009. It
is important to note suicide is not necessarily linked to deployments
abroad. Since the Defense Department Suicide Prevention Office began
keeping detailed records in 2008, less than half of suicide victims had
deployed and few were involved in combat.
Most of DOD's existing suicide prevention programs work within the
context of deployments. As we draw down in Afghanistan and away from
the strain of multiple deployments, it is time to find a more
integrated solution that does not rely on the deployment cycle to the
servicemember's mental health. Instead, research has shown that other
risk factors, such as relationship issues, legal or financial issues or
substance abuse play a larger role in suicides than a servicemember's
deployment history.
We have heard this firsthand from crisis intervention officers right
in my home State of Indiana. Further, many of these suicide victims did
not communicate their intent to take their own life nor did they have
known behavioral health issues. Given the facts before us, what does
the current mental health system look like? The current mental health
systems for both Active and Retired military rely on a servicemember's
or a veteran's willingness to self-report suicidal thoughts and to seek
out assistance. The backup to this system is if family members, peers
or coworkers identify changes in behavior and then recommend their
loved one or friend seek assistance.
How do we improve this system? The Jacob Sexton Military Suicide
Prevention Act of 2013 would establish a pilot program in each of the
military services and also the Reserve components to integrate annual
mental health assessments into a servicemember's periodic health
assessment--or PHA. That is an annual review designed to track whether
a servicemember is fit to serve. The pilot program would expand that
review to include a more detailed mental health review and to identify
those risk factors for mental illness so servicemembers can receive
preventive care and help.
By building on the system that monitors the member from induction to
transition into veteran status, an expanded review, including a mental
health assessment, would create a holistic picture of a servicemember's
readiness to serve. The servicemember can carry this record with them
as they leave the service, and it could help inform any future claims
for veterans' benefits.
The Jacob Sexton Military Suicide Prevention Act would also integrate
a first-line supervisor's input. The first-line supervisor plays an
important role in a servicemember's life and may be aware of
relationships or financial problems but not be able to address them
unless the servicemember speaks up. Sometimes these problems affect
performance. The supervisor's input would help identify potential
triggers for stress and suicidal tendencies or problems in work
performance.
The results of the whole questionnaire would be reviewed by mental
health specialists. If problems or risk factors are identified,
servicemembers would be referred to behavioral health specialists for
further evaluation and medical care.
I included in this legislation--and this is critical--privacy
protections to ensure information collected through the survey is used
only for medical purposes. It cannot be used for promotion, retention
or disciplinary purposes. I strongly believe a servicemember should not
bear any consequence for reporting on their mental health or trying to
seek out mental health assistance.
Finally, as I think we should expect of all government programs and
proposals, my bill would require an assessment as to whether it is
actually working. To determine the effectiveness of the program and the
ways to move forward, this bill would require a report from the
Department of Defense to Congress on the impact of the program in
identifying behavioral health concerns and interventions in suicides.
We have lost far too many men and women such as Jacob. Let us come
together in a bipartisan fashion to honor the memories of Jacob and all
those Americans we have lost by working to improve our ability to spot
warning signs before it is too late. I urge my colleagues to support
this legislation on behalf of those who sacrifice so much for our
Nation every day.
______
By Mrs. FEINSTEIN (for herself, Ms. Stabenow, and Ms. Collins):
S. 820. A bill to provide for a uniform national standard for the
housing and treatment of egg-laying hens, and for other purposes; to
the Committee on Agriculture, Nutrition, and Forestry.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Egg
Products Inspection Act Amendments of 2013 with Agriculture Committee
Chairwoman Debbie Stabenow and Senator Collins as original cosponsors.
This legislation establishes a single, national standard for the
humane treatment of egg-laying hens.
The bill text represents a historic compromise between the United Egg
Producers, who represent about 90 percent of the eggs produced in the
United States, and the Humane Society, the Nation's largest animal-
welfare organization.
The bill is supported by 14 agriculture and egg producer groups, the
four major veterinary groups involved in avian medicine, five consumer
organizations, and hundreds more groups nationwide.
Nearly 10 years ago, voters started taking an interest in insuring
that
[[Page S3033]]
their eggs were being produced humanely. This resulted in State level
legislation and a number of initiatives, including Proposition 2 in
California, to reform the agriculture industry.
Many of these efforts were successful. State laws governing egg
production were enacted in 6 states, and a patchwork of differing
state-based regulation has emerged.
Compounding the problem is the lack of a standard for egg labeling.
This makes it difficult for consumers to know exactly what they are
purchasing and understand what the labels mean.
This situation has two principal effects.
First, the uncertainty stifles economic growth in this important
industry. Egg producers now face difficult choices when it comes to
investing in their businesses. Why expand facilities and invest in new
technologies when rules may change and invalidate your investment? Why
expand into new markets when those new markets may be closed to you in
just a few short years?
Second, consumers are limited in their ability to make choices. At
the supermarket, consumers are bombarded with different labels,
``humanely-raised,'' ``cage-free,'' and ``all-natural.'' But the
definitions of these labels vary, and even when they are consistent the
terms are vague. One person's ``all-natural'' may not be another
person's ``all-natural.'' One company's ``cage-free'' may not be
another company's ``cage-free.''
This legislation addresses both problems.
It increases the size of hen cages over the next 18 years and adds
enrichments like perches and nests so chickens can engage in natural
``chicken'' behaviors, like scratching and nesting.
It outlaws the practice of depriving hens of food and water, a once-
common practice to increase egg production.
It sets minimum air quality standards for hen houses, protecting
workers and birds.
It establishes clear requirements for egg labeling so consumers know
whether the eggs they buy come from hens that are caged, cage-free,
free-range, or housed in enriched cages.
Farmers with 3,000 birds or fewer are exempted from the provisions of
this legislation.
Also, organic, cage-free and free-range egg producers will be
unaffected by the housing provisions of the bill. However, they may see
increased sales, as consumers are able to more clearly tell what is
available on store shelves as a result of the labeling provisions.
The legislation offers significant phase-in time to allow producers
to make the necessary changes in the regular course of replacing their
equipment. It is my understanding that hen cages generally last 10 to
15 years. So the 18-year phase-in included in the bill should offer
sufficient time to implement changes to enriched cages.
This legislation is important in part because it represents a
compromise between old adversaries.
In this agreement, egg producers and the Humane Society have joined
forces to meet consumer demand, address concerns of the animal welfare
community and resolve a decade-old struggle. The result is a bill
widely supported by the industry, animal welfare advocates and
consumers.
It is an example of commonsense cooperation in what has historically
been a contentious space.
This bill also reflects changes already being made because of
consumer demand. McDonalds, Burger King, Costco, Safeway and other
companies are already phasing in new humane handling requirements for
the production of the food that they sell.
Further, a survey by an independent research company, the Bantam
Group, found that consumers support the industry transitioning to
larger cages with enrichments by a ratio of 12 to 1.
Importantly, the Congressional Budget Office scores this legislation
as having no cost, and a study by Agralytica, a consulting firm, found
that this legislation would not have a substantial price effect on
consumers. That means we can achieve these goals at little to no cost
to taxpayers and consumers.
This legislation has been endorsed by leading scientists in the egg
industry, the American Veterinary Medical Association and the two
leading avian veterinary groups. Studies show these new cages can
result in lower mortality and higher productivity for hens, making them
more efficient for egg producers.
As many of my colleagues know, the legislation was the subject of a
June 2012 Senate Agriculture Committee hearing. The hearing was
attended by egg farmers from around the country--Georgia, Michigan,
California, Mississippi, Iowa, Indiana, Minnesota, Ohio--all united in
their support for uniform regulations.
The Secretary of Agriculture himself suggested that the legislation
is a good example of ``thinking differently,'' and possibly even a way
to get more Americans to support the farm bill and other rural issues.
As he pointed out, egg producers deserve to know the rules of the road
The agreement in this bill is just the sort of reasonable thinking
and compromise that we need more of in Washington.
I urge you to join me in supporting this legislation.
______
By Mr. LEAHY (for himself and Mr. Cornyn):
S. 822. A bill to protect crime victims' rights, to eliminate the
substantial backlog of DNA samples collected from crime scenes and
convicted offenders, to improve and expand the DNA testing capacity of
Federal, State, and local crime laboratories, to increase research and
development of new DNA testing technologies, to develop new training
programs regarding the collection and use of DNA evidence, to provide
post conviction testing of DNA evidence to exonerate the innocent, to
improve the performance of counsel in State capital cases, and for
other purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, today, I am proud to introduce the Justice
for All Reauthorization Act of 2013. The Justice for All Act,
originally enacted in 2004, was an unprecedented bipartisan piece of
criminal justice legislation. It was the most significant step Congress
had taken in many years to improve the quality of justice in this
country. I am pleased to be joined this year by Senator Cornyn as an
original cosponsor of this legislation. I know that Senator Cornyn
shares my commitment to ensuring public confidence in the integrity of
the American justice system.
It is fitting that we introduce this bill now, during Crime Victims'
Rights week, as we honor the victims of crime across the country, and
reaffirm our commitment to seeking justice on their behalf. That
commitment feels particularly important now, in light of this year's
horrific events in Boston and Newtown. Nothing can eliminate the pain
inflicted by those tragedies, but we can work together to ensure that
the needs of those families are met so that they can find healing and
begin to rebuild their lives.
This legislation takes important steps to strengthen rights for
victims of crime. For example, it establishes an affirmative right to
be informed of their rights under the Crime Victims' Rights Act and
other key laws, and it takes several steps to make it easier for crime
victims to assert those rights in court.
In addition to being Crime Victims' Rights Week, today is National
DNA Day and it is appropriate to acknowledge the power DNA testing has
had in improving our criminal justice system. One example of that
impact has been in the testing of rape kits. This legislation
reauthorizes the Debbie Smith DNA Backlog Reduction Act, which has
provided significant funding to reduce the backlog of untested rape
kits so that victims need not live in fear while kits languish in
storage. That program is named after Debbie Smith who waited years
after being attacked before her rape kit was tested and the perpetrator
was caught. She and her husband Rob have worked tirelessly to ensure
that others will not experience the ordeal she went through. I thank
Debbie and Rob for their continuing help on this extremely important
cause.
The legislation also includes significant measures to improve the
administration of justice in our courts, including the use of post-
conviction DNA testing. The bill is built on the work I began in 2000,
when I introduced the Innocence Protection Act, which sought to ensure
that defendants in the most serious cases receive competent
representation and, where appropriate, access to post-conviction DNA
testing
[[Page S3034]]
necessary to prove their innocence in those cases where the system got
it grievously wrong.
The Innocence Protection Act became a key component of the Justice
for All Act. The act also included vital provisions to ensure that
crime victims would have the rights and protections they need and
deserve and that States and communities would take major steps to
reduce the backlog of untested rape kits and ensure prompt justice for
victims of sexual assault. These and other important criminal justice
provisions made the Justice for All Act a groundbreaking achievement in
criminal justice reform.
The programs created by the Justice for All Act have had an enormous
impact, and it is crucial that we reauthorize them. Unfortunately, it
is clear that simply reauthorizing the existing law is not enough.
Significant problems remain, and we must work together to address them.
In the years since the Justice for All Act passed, we have seen too
many cases of people found to be innocent after spending years in jail.
A California man, Brian Banks, was exonerated after spending five years
in prison for a rape he did not commit. He recently signed with the
Atlanta Falcons and will realize his dream of playing professional
football. Brian's story had a happy ending, but too many wrongly
convicted people are not as lucky. It is an outrage when an innocent
person is punished, and this injustice is compounded when the true
perpetrator remains on the streets, able to commit more crimes. We are
all less safe when the system gets it wrong.
To that end, this legislation strengthens the Kirk Bloodsworth Post
Conviction DNA Testing Grant Program, one of the key programs created
in the Innocence Protection Act. Kirk Bloodsworth was a young man just
out of the Marines when he was arrested, convicted, and sentenced to
death for a heinous crime that he did not commit. He was the first
person in the United States to be exonerated from a death row crime
through the use of DNA evidence.
This program provides grants to States for testing in cases like
Kirk's where someone has been convicted, but where significant DNA
evidence was not tested. The last administration resisted implementing
the program for several years, but we worked hard to see the program
put into place. Now, money has gone out to a number of States, and is
having an impact. The legislation we introduce today clarifies the
conditions set for this program so that participating States are
required to preserve key evidence, which is crucial, but are given
further guidance about how to do so in a way that is attainable and
will allow more states to participate.
This legislation takes important steps to ensure that all criminal
defendants, including those who cannot afford a lawyer, receive
effective representation. It requires the Department of Justice to
assist States in developing an effective and efficient system of
indigent defense. I know as a former prosecutor, that the system only
works as it should when each side is well represented by competent and
well-trained counsel. Fifty years after the Supreme Court's landmark
decision in Gideon v. Wainwright, it is past time to ensure that all
criminal defendants have effective representation before government
authority takes away their liberty.
The bill also asks States to produce comprehensive plans for their
criminal justice systems, which will help to ensure that criminal
justice systems operate effectively as a whole and that all parts of
the system work together and receive the resources they need.
The bill reauthorizes and improves key grant programs in a variety of
areas throughout the criminal justice system. Importantly, it increases
authorized funding for the Paul Coverdell Forensic Science Improvement
Grant program, which is a vital program to assist forensic laboratories
in performing the many forensic tests that are essential to solving
crimes and prosecuting perpetrators.
In these times of tight budgets, it is important to note that this
bill would make all of these improvements while responsibly reducing
the total authorized funding under the Justice For All Act and that
many of these changes will help States, communities, and the Federal
Government save money in the long term.
I thank the many law enforcement and criminal justice organizations
that have helped to pinpoint the needed improvements that this law
attempts to solve and I appreciate their ongoing support in seeing it
passed.
Today, we rededicate ourselves to building a criminal justice system
in which the innocent remain free, the guilty are punished, and all
sides have the tools, resources, and knowledge they need to advance the
cause of justice. Americans need and deserve a criminal justice system
which keeps us safe, ensures fairness and accuracy, and fulfills the
promise of our constitution. This bill will take important steps to
bring us closer to that goal.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 822
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for All
Reauthorization Act of 2013''.
SEC. 2. CRIME VICTIMS' RIGHTS.
(a) In General.--Section 3771 of title 18, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(9) The right to be informed of the rights under this
section and the services described in section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(c)) and provided contact information for the Office of
the Victims' Rights Ombudsman of the Department of
Justice.'';
(2) in subsection (d)(3), in the fifth sentence, by
inserting ``, unless the litigants, with the approval of the
court, have stipulated to a different time period for
consideration'' before the period; and
(3) in subsection (e)--
(A) by striking ``this chapter, the term'' and inserting
the following: ``this chapter:
``(1) Court of appeals.--The term `court of appeals'
means--
``(A) the United States court of appeals for the judicial
district in which a defendant is being prosecuted; or
``(B) for a prosecution in the Superior Court of the
District of Columbia, the District of Columbia Court of
Appeals.
``(2) Crime victim.--
``(A) In general.--The term'';
(B) by striking ``In the case'' and inserting the
following:
``(B) Minors and certain other victims.--In the case''; and
(C) by adding at the end the following:
``(3) District court; court.--The terms `district court'
and `court' include the Superior Court of the District of
Columbia.''.
(b) Crime Victims Fund.--Section 1402(d)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(d)(3) is amended--
(1) by inserting ``(A)'' before ``Of the sums''; and
(2) by adding at the end the following:
``(B) Amounts made available under subparagraph (A) may not
be used for any purpose that is not specified in subparagraph
(A).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME
VICTIMS.
(a) Crime Victims Legal Assistance Grants.--Section 103(b)
of the Justice for All Act of 2004 (Public Law 108-405; 118
Stat. 2264) is amended--
(1) in paragraph (1), by striking ``$2,000,000'' and all
that follows through ``2009'' and inserting ``$5,000,000 for
each of fiscal years 2014, 2015, 2016, 2017, and 2018'';
(2) in paragraph (2), by striking ``$2,000,000'' and all
that follows through ``2009,'' and inserting ``$5,000,000 for
each of fiscal years 2014, 2015, 2016, 2017, and 2018'';
(3) in paragraph (3), by striking ``$300,000'' and all that
follows through ``2009,'' and inserting ``$500,000 for each
of fiscal years 2014, 2015, 2016, 2017, and 2018'';
(4) in paragraph (4), by striking ``$7,000,000'' and all
that follows through ``2009,'' and inserting ``$11,000,000
for each of fiscal years 2014, 2015, 2016, 2017, and 2018'';
and
(5) in paragraph (5), by striking ``$5,000,000'' and all
that follows through ``2009,'' and inserting ``$7,000,000 for
each of fiscal years 2014, 2015, 2016, 2017, and 2018''.
(b) Crime Victims Notification Grants.--Section 1404E(c) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is
amended by striking ``this
section--'' and all that follows and inserting ``this section
$5,000,000 for each of fiscal years 2014, 2015, 2016, 2017,
and 2018.''.
SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
Section 2(j) of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135(j)) is amended by striking ``fiscal
years 2009 through 2014'' and inserting ``fiscal years 2014
through 2018''
SEC. 5. RAPE EXAM PAYMENTS.
Section 2010(d)(2) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(2)) is
amended by striking ``enactment of this Act'' and inserting
``enactment of the Violence Against Women Reauthorization Act
of 2013''.
[[Page S3035]]
SEC. 6. ADDITIONAL REAUTHORIZATIONS.
(a) DNA Training and Education for Law Enforcement.--
Section 303(b) of the Justice for All Act of 2004 (42 U.S.C.
14136(b)) is amended by striking ``$12,500,000 for each of
fiscal years 2009 through 2014'' and inserting ``$5,000,000
for each of fiscal years 2014 through 2018''.
(b) Sexual Assault Forensic Exam Program Grants.--Section
304(c) of the Justice for All Act of 2004 (42 U.S.C.
14136a(c)) is amended by striking ``$30,000,000 for each of
2014 through 2018'' and inserting ``$15,000,000 for each of
fiscal years 2014 through 2018''.
(c) DNA Research and Development.--Section 305(c) of the
Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended
by striking ``$15,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$5,000,000 for each of fiscal
years 2014 through 2018''.
(d) FBI DNA Programs.--Section 307(a) of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2275) is
amended by striking ``$42,100,000 for each of fiscal years
2005 through 2009'' and inserting ``$10,000,000 for each of
fiscal years 2014 through 2018''.
(e) DNA Identification of Missing Persons.--Section 308(c)
of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is
amended by striking ``fiscal years 2005 through 2009'' and
inserting ``fiscal years 2014 through 2018''.
SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
Section 1001(a)(24) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is
amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(J) $25,000,000 for each of fiscal years 2014 through
2018.''.
SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN STATE
CAPITAL CASES.
Section 426 of the Justice for All Act of 2004 (42 U.S.C.
14163e) is amended--
(1) in subsection (a), by striking ``$75,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$30,000,000 for each of fiscal years 2014 through 2018'';
and
(2) in subsection (b), by inserting before the period at
the end the following: ``, or upon a showing of good cause,
and at the discretion of the Attorney General, the State may
determine a fair allocation of funds across the uses
described in sections 421 and 422''.
SEC. 9. POST-CONVICTION DNA TESTING.
(a) In General.--Section 3600 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking ``death''; and
(B) in paragraph (3)(A), by striking ``and the applicant
did not--'' and all that follows through ``knowingly fail to
request'' and inserting ``and the applicant did not knowingly
fail to request''; and
(2) in subsection (g)(2)(B), by striking ``death''.
(b) Preservation of Biological Evidence.--Section 3600A(c)
of title 18, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION
OF CLAIMS OF ACTUAL INNOCENCE.
(a) In General.--Section 413 of the Justice for All Act of
2004 (42 U.S.C. 14136 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2005 through 2009'' and inserting ``fiscal
years 2014 through 2018''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for eligible entities that are a State or unit of
local government, provide a certification by the chief legal
officer of the State in which the eligible entity operates or
the chief legal officer of the jurisdiction in which the
funds will be used for the purposes of the grants, that the
State or jurisdiction--
``(A) provides DNA testing of specified evidence under a
State statute or a State or local rule or regulation to
persons convicted after trial and under a sentence of
imprisonment or death for a State felony offense, in a manner
intended to ensure a reasonable process for resolving claims
of actual innocence that ensures post-conviction DNA testing
in at least those cases that would be covered by section
3600(a) of title 18, United States Code, had they been
Federal cases, and, if the results of the testing exclude the
applicant as the perpetrator of the offense, permits the
applicant to apply for post-conviction relief,
notwithstanding any provision of law that would otherwise bar
the application as untimely; and
``(B) preserves biological evidence, as defined in section
3600A of title 18, United States Code, under a State statute
or a State or local rule, regulation, or practice in a manner
intended to ensure that reasonable measures are taken by the
State or jurisdiction to preserve biological evidence secured
in relation to the investigation or prosecution of, at a
minimum, murder, non-negligent manslaughter and sexual
offenses.''.
(b) Authorization of Appropriations.--Section 412(b) of the
Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended
by striking ``$5,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$10,000,000 for each of fiscal
years 2014 through 2018''.
SEC. 11. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
(a) In General.--Subtitle A of title IV of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2278) is
amended by adding at the end the following:
``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
``(a) In General.--The Director of the National Institute
of Justice, in consultation with Federal, State, and local
law enforcement agencies and government laboratories, shall--
``(1) establish best practices for evidence retention to
focus on the preservation of biological evidence; and
``(2) assist State, local, and tribal governments in
adopting and implementing the best practices established
under paragraph (1).
``(b) Deadline.--Not later than 1 year after the date of
enactment of this section, the Director of the National
Institute of Justice shall publish the best practices
established under subsection (a)(1).
``(c) Limitation.--Nothing in this section shall be
construed to require or obligate compliance with the best
practices established under subsection (a)(1).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Justice for All Act of 2004
(Public Law 108-405; 118 Stat. 2260) is amended by inserting
after the item relating to section 413 the following:
``Sec. 414. Establishment of best practices for evidence retention.''.
SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Short Title.--This section may be cited as the
``Effective Administration of Criminal Justice Act of 2013''.
(b) Strategic Planning.--Section 502 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3752) is amended--
(1) by inserting ``(a) In General.--'' before ``To request
a grant''; and
(2) by adding at the end the following:
``(6) A comprehensive State-wide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local governments,
and all segments of the criminal justice system, including
judges, prosecutors, law enforcement personnel, corrections
personnel, and providers of indigent defense services, victim
services, juvenile justice delinquency prevention programs,
community corrections, and reentry services;
``(B) include a description of how the State will allocate
funding within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(C) describe the process used by the State for gathering
evidence-based data and developing and using evidence-based
and evidence-gathering approaches in support of funding
decisions; and
``(D) be updated every 5 years, with annual progress
reports that--
``(i) address changing circumstances in the State, if any;
``(ii) describe how the State plans to adjust funding
within and among each of the uses described in subparagraphs
(A) through (G) of section 501(a)(1);
``(iii) provide an ongoing assessment of need;
``(iv) discuss the accomplishment of goals identified in
any plan previously prepared under this paragraph; and
``(v) reflect how the plan influenced funding decisions in
the previous year.
``(b) Technical Assistance.--
``(1) Strategic planning.--Not later than 90 days after the
date of enactment of this subsection, the Attorney General
shall begin to provide technical assistance to States and
local governments requesting support to develop and implement
the strategic plan required under subsection (a)(6).
``(2) Protection of constitutional rights.--Not later than
90 days after the date of enactment of this subsection, the
Attorney General shall begin to provide technical assistance
to States and local governments, including any agent thereof
with responsibility for administration of justice, requesting
support to meet the obligations established by the Sixth
Amendment to the Constitution of the United States, which
shall include--
``(A) public dissemination of practices, structures, or
models for the administration of justice consistent with the
requirements of the Sixth Amendment; and
``(B) assistance with adopting and implementing a system
for the administration of justice consistent with the
requirements of the Sixth Amendment.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2014
through 2018 to carry out this subsection.''.
(c) Applicability.--The requirement to submit a strategic
plan under section 501(a)(6) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by subsection
(b), shall apply to any application submitted under such
section 501 for a grant for any fiscal year beginning after
the date that is 1 year after the date of enactment of this
Act.
SEC. 13. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this Act shall be subject to the following:
(1) Audit requirement.--Beginning in fiscal year 2014, and
each fiscal year thereafter,
[[Page S3036]]
the Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this Act to
prevent waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate number of
grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this Act, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
(A) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
(B) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within a 12-month period beginning
on the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and the grant
programs described in this Act, the term `` `nonprofit
organization' '' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this Act may be used by the Attorney General for salaries and
administrative expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or the appropriate
Assistant Attorney General, Director, or principal deputy as
the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audio/visual equipment, honoraria for speakers,
and any entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved by
operation of this paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any grant recipient
to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, state, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a grant under this Act has violated subparagraph
(A), the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.
______
By Mr. SANDERS (for himself and Mr. Burr):
S. 825. A bill to amend title 38, United States Code, to improve the
provision of services for homeless veterans, and for other purposes; to
the Committee on Veterans' Affairs.
Mr. SANDERS. Mr. President, as Chairman of the Senate Committee on
Veterans' Affairs, I rise to introduce the Homeless Veterans Prevention
Act of 2013. I would like to thank Ranking Member Burr for joining me
to introduce this bill. At a time when too many veterans are sleeping
in the streets, in cars, and on couches, the Department of Veterans
Affairs has taken on an aggressive initiative to end homelessness among
veterans by 2015.
This high level commitment has led to a 17 percent decrease in the
homeless veteran population between 2009 and 2012. These declining
numbers are a reflection of the combined efforts of VA and its Federal,
State, Local, Tribal, and community partners as they work to eliminate
veteran homelessness by 2015. However on one night in January 2012, an
estimated 62,000 veterans were still without a place to call home. We
must continue to work toward removing any remaining barriers to housing
for veterans.
The legislation we are introducing today would reaffirm this
commitment by improving upon VA's programs to prevent and end
homelessness among veterans. VA's transitional housing programs for
homeless veterans must modernize to ensure that they are meeting the
needs of the homeless veterans they are serving. With increasing
numbers of women joining the military and eventually becoming veterans,
VA is facing a growing homeless women veteran population. Many of these
women are single mothers or have experienced military sexual trauma,
making their housing needs even more complex.
The Government Accountability Office and VA's Office of the Inspector
General both found that homeless women veterans were not able to safely
access services through VA's transitional housing programs. The
Homeless Veterans Prevention Act of 2013 would remove these barriers by
requiring grantees to ensure that facilities can safely serve the needs
of the populations that will be living there. It also would allow VA to
reimburse grantees for housing the children of homeless veterans,
keeping families together and encouraging parents to come forth and be
housed without having to worry about splitting their families up.
As VA focuses on resolving homelessness, instead of just managing it,
housing stability is increasingly a focus. This bill also modifies the
transitional housing program to allow VA to incentivize grantees to
avoid the challenges that veterans completing time-limited transitional
housing programs can face as they search for permanent housing. More
specifically, this bill allows VA to focus on housing stability by
allowing certain transitional housing grantees to turn a portion of
their transitional housing units into permanent housing units as
veterans are stabilized and linked to support services.
Access to stable and safe housing is a priority, but it is also
critical to find ways to prevent homelessness among veterans who are
at-risk of becoming homeless. This bill would also increase access to
legal services and dental care for our veterans, two things that
homeless veterans themselves have identified as unmet needs. Access to
these services would greatly increase their chances of finding gainful
employment, avoid foreclosure or eviction, obtain identification, and
deal with legal issues that have resulted from the criminalization of
homelessness, among other things.
Veterans have a number of services and resources available to meet
their needs. At its very simplest, homelessness among veterans is
preventable when all of these programs work together to lift a veteran
up. Conversely, homelessness occurs when a veteran slips through the
cracks. We cannot sit by idly and allow another veteran to slip through
the cracks. We must reach out and let them know when, where and how to
get the help that they need and that they have earned.
This is not a full summary of all the provisions within this
legislation. However, I hope that I have provided an appropriate
overview of the major benefits this legislation would provide.
[[Page S3037]]
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 825
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Prevention
Act of 2013''.
SEC. 2. IMPROVEMENTS TO GRANT PROGRAM FOR COMPREHENSIVE
SERVICE PROGRAMS FOR HOMELESS VETERANS.
(a) Modification of Authority to Provide Capital
Improvement Grants for Programs That Assist Homeless
Veterans.--Subsection (a) of section 2011 of title 38, United
States Code, is amended, in the matter before paragraph (1)--
(1) by striking ``or modifying'' and inserting ``,
modifying, or maintaining''; and
(2) by inserting ``privately, safely, and securely,''
before ``the following''.
(b) Requirement That Recipients of Grants Meet Physical
Privacy, Safety, and Security Needs of Homeless Veterans.--
Subsection (f) of such section is amended by adding at the
end the following new paragraph:
``(6) To meet the physical privacy, safety, and security
needs of homeless veterans receiving services through the
project.''.
SEC. 3. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING
ASSISTANCE THAT BECOMES PERMANENT HOUSING FOR
HOMELESS VETERANS.
Section 2012(a)(2) of title 38, United States Code, is
amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as redesignated, by striking ``in
subparagraph (D)'' and inserting ``in subparagraph (E)'';
(3) in subparagraph (D), as redesignated, by striking
``under subparagraph (B)'' and inserting ``under subparagraph
(C)'';
(4) in subparagraph (E), as redesignated, by striking ``in
subparagraphs (B) and (C)'' and inserting ``in subparagraphs
(C) and (D)''; and
(5) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except as
otherwise provided in subparagraph (B), the rate''; and
(B) by striking ``under subparagraph (B)'' and all that
follows through the end and inserting the following: ``under
subparagraph (C).
``(B)(i) Except as provided in clause (ii), in no case may
the rate determined under this paragraph exceed the rate
authorized for State homes for domiciliary care under
subsection (a)(1)(A) of section 1741 of this title, as the
Secretary may increase from time to time under subsection (c)
of that section.
``(ii) In the case of services furnished to a homeless
veteran who is placed in housing that will become permanent
housing for the veteran upon termination of the furnishing of
such services to such veteran, the maximum rate of per diem
authorized under this section is 150 percent of the rate
described in clause (i).''.
SEC. 4. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING
CARE TO DEPENDENTS OF CERTAIN HOMELESS
VETERANS.
Subsection (a) of section 2012 of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Services for which a recipient of a grant under
section 2011 of this title (or an entity described in
paragraph (1)) may receive per diem payments under this
subsection may include furnishing care for a dependent of a
homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from
the grant recipient (or entity).''.
SEC. 5. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO
ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR
HOMELESS VETERANS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall assess and measure the capacity of programs for which
entities receive grants under section 2011 of title 38,
United States Code, or per diem payments under section 2012
or 2061 of such title.
(b) Assessment at National and Local Levels.--In assessing
and measuring under subsection (a), the Secretary shall
develop and use tools to examine the capacity of programs
described in such subsection at both the national and local
level in order to assess the following:
(1) Whether sufficient capacity exists to meet the needs of
homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs of the
subpopulations of homeless veterans located in each
geographic area.
(3) The amount of capacity that recipients of grants under
sections 2011 and 2061 and per diem payments under section
2012 of such title have to provide services for which the
recipients are eligible to receive per diem under section
2012(a)(2)(B)(ii) of title 38, United States Code, as added
by section 3(5)(B).
(c) Use of Information.--The Secretary shall use the
information collected under this section as follows:
(1) To set specific goals to ensure that programs described
in subsection (a) are effectively serving the needs of
homeless veterans.
(2) To assess whether programs described in subsection (a)
are meeting goals set under paragraph (1).
(3) To inform funding allocations for programs described in
subsection (a).
(4) To improve the referral of homeless veterans to
programs described in subsection (a).
(d) Report.--Not later than 180 days after the date on
which the assessment required by subsection (b) is completed,
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 such assessment
and such recommendations for legislative and administrative
action as the Secretary may have to improve the programs and
per diem payments described in subsection (a).
SEC. 6. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON
ASSISTANCE TO HOMELESS VETERANS.
(a) In General.--Section 2065 of title 38, United States
Code, is hereby repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2065.
SEC. 7. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF
REFERRAL AND COUNSELING SERVICES FOR VETERANS
AT RISK FOR HOMELESSNESS WHO ARE TRANSITIONING
FROM CERTAIN INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO
PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND
VETERANS AT RISK OF HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States
Code, is amended by inserting after section 2022 the
following new section:
``Sec. 2022A. Partnerships with public and private entities
to provide legal services to homeless veterans and veterans
at risk of homelessness
``(a) Partnerships Authorized.--Subject to the availability
of funds for that purpose, the Secretary may enter into
partnerships with public or private entities to fund a
portion of the general legal services specified in subsection
(c) that are provided by such entities to homeless veterans
and veterans at risk of homelessness.
``(b) Locations.--The Secretary shall ensure that, to the
extent practicable, partnerships under this section are made
with entities equitably distributed across the geographic
regions of the United States, including rural communities and
tribal lands.
``(c) Legal Services.--Legal services specified in this
subsection include legal services provided by public or
private entities that address the needs of homeless veterans
and veterans at risk of homelessness as follows:
``(1) Legal services related to housing, including eviction
defense and representation in landlord-tenant cases.
``(2) Legal services related to family law, including
assistance in court proceedings for child support, divorce,
and estate planning.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(d) Consultation.--In developing and carrying out
partnerships under this section, the Secretary shall, to the
extent practicable, consult with public and private
entities--
``(1) for assistance in identifying and contacting
organizations described in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that
have entered into partnerships under this section to submit
to the Secretary periodic reports on legal services provided
to homeless veterans and veterans at risk of homelessness
pursuant to such partnerships.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding
after the item relating to section 2022 the following new
item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans at risk of
homelessness.''.
SEC. 9. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY
TO PROVIDE DENTAL CARE TO HOMELESS VETERANS.
Subsection (b) of section 2062 of title 38, United States
Code, is amended to read as follows:
``(b) Eligible Veterans.--(1) Subsection (a) applies to a
veteran who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
[[Page S3038]]
``(i) assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of this title.
``(II) A therapeutic residence under section 2032 of this
title.
``(III) Community residential care coordinated by the
Secretary under section 1730 of this title.
``(IV) A setting for which the Secretary provides funds for
a grant and per diem provider.
``(2) For purposes of paragraph (1), in determining whether
a veteran has received assistance or care for a period of 60
consecutive days, the Secretary may disregard breaks in the
continuity of assistance or care for which the veteran is not
responsible.''.
SEC. 10. EXTENSIONS OF AUTHORITIES.
(a) Comprehensive Service Programs.--Section 2013 of title
38, United States Code, is amended by striking paragraphs (4)
through (6) and inserting the following:
``(4) $250,000,000 for each of fiscal years 2012 through
2014.
``(5) $150,000,000 for fiscal year 2015 and each subsequent
fiscal year.''.
(b) Homeless Veterans Reintegration Programs.--Section
2021(e)(1)(F) of such title is amended by striking ``2013''
and inserting ``2014''.
(c) Treatment and Rehabilitation for Seriously Mentally Ill
and Homeless Veterans.--Section 2031(b) of such title is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(d) Centers for the Provision of Comprehensive Services to
Homeless Veterans.--Section 2033(d) of such title is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
(e) Housing Assistance for Homeless Veterans.--Section
2041(c) of such title is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
(f) Financial Assistance for Supportive Services for Very
Low-income Veteran Families in Permanent Housing.--
(1) In general.--Paragraph (1) of section 2044(e) of such
title is amended by adding at the end the following new
subparagraph (F):
``(F) $300,000,000 for fiscal year 2014.''.
(2) Training entities for provision of supportive
services.--Paragraph (3) of such section is amended by
striking ``2012'' and inserting ``2014''.
(g) Grant Program for Homeless Veterans With Special
Needs.--Section 2061(d)(1) of such title is amended by
striking ``for each of'' through ``shall be available'' and
inserting ``for each of fiscal years 2007 through 2014,
$5,000,000 shall be available''.
(h) Technical Assistance Grants for Nonprofit Community-
based Groups.--Section 2064(b) of such title is amended by
striking ``2012'' and inserting ``2014''.
(i) Advisory Committee on Homeless Veterans.--Section
2066(d) of such title is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
______
By Mr. BROWN (for himself, Mr. Durbin, Mr. Schumer, Mr. Baucus,
Mr. Rockefeller, Mr. Wyden, Ms. Stabenow, Mr. Menendez, Mr.
Cardin, Mr. Casey, Mrs. Murray, Mr. Lautenberg, Mrs.
Gillibrand, Mr. Cowan, Mr. Whitehouse, Mr. Reed, Ms. Hirono,
Mr. Harkin, Mr. Levin, Mrs. Boxer, Mr. Blumenthal, Mr. Begich,
Mr. Schatz, Ms. Klobuchar, Mr. Franken, Mr. Bennet, Ms. Warren,
Mr. Johnson of South Dakota, Mr. Merkley, and Mr. Murphy):
S. 836. A bill to amend the Internal Revenue Code of 1986 to
strengthen the earned income tax credit and make permanent certain tax
provisions under the American Recovery and Reinvestment Act of 2009; to
the Committee on Finance.
Mr. DURBIN. Mr. President, today, Senator Brown and I are introducing
important legislation to extend tax relief to working families: The
Working Families Tax Relief Act of 2013.
This legislation will ensure that taxes do not increase on working
families in the coming years, and will expand an effective incentive to
work.
The Working Families Tax Relief Act of 2013 is pro-family, pro-work
legislation that would permanently extend critical refundable tax
credit provisions that have helped lift millions of working families
out of poverty.
These provisions were only extended for 5 years in the American
Taxpayer Relief Act, the same bill that permanently lowered the estate
tax for the wealthiest Americans.
The Child Tax Credit, CTC, and the Earned Income Tax Credit, EITC,
are refundable tax credits that encourage work, help families make ends
meet, and lead to healthier and better educated children.
Both the Senate-passed budget and the President's FY 2014 budget
request call for making these provisions permanent.
Consistent with the original goals for the EITC, the Working Families
Tax Relief Act would help the only group that our Tax Code pushes into
poverty: childless workers.
The EITC was designed to help childless workers offset their payroll
tax liability. In reality, employees bear the burden of both the
employee and employer portion of the payroll tax.
As a result, a typical single childless adult will begin to owe
Federal income taxes in addition to payroll taxes when his or her
income is still significantly below the poverty line. These changes
will result in a full-time worker receiving the minimum wage to be
eligible for the maximum earned income credit amount.
This may sound complicated, but these CTC and EITC provisions have
real-world impacts.
An analysis of Census data showed that these CTC provisions lifted
900,000 people above the poverty line in 2011, using a poverty measure
that counts not only cash income but also taxes and government
benefits.
According to recent estimates, letting the expanded CTC expire will
increase taxes on 12 million families who will see the size of their
CTC credit shrink, and 5 million families will no longer be eligible
for the credit at all.
The EITC has long been one of the most effective anti-poverty
measures in our toolkit. In 2011, according to the Internal Revenue
Service, the EITC lifted 6.6 million Americans out of poverty, 3.3
million of whom were children.
In Illinois last year, 1 million taxpayers claimed the EITC and
received an average credit of about $2,300. That money isn't a hand-
out, it is food on the table, school clothes for children and maybe a
little bit leftover to buy Christmas presents.
When Ronald Reagan signed the 1986 Tax Reform package, he had this to
say about its provisions that expanded the EITC:
The Earned Income Tax Credit is the best anti-poverty, the
best pro-family, the best job creation measure to come out of
Congress.
I could not have said it better myself.
I thank Senator Brown for his leadership on this, as a new member of
the Finance Committee.
I look forward to working with him and many of my colleagues to
ensure that these provisions are included in tax reform.
______
By Mr. HARKIN (for himself, Mr. Leahy, Mr. Brown, Mr. Tester, Mr.
Casey, Ms. Klobuchar, Mr. Udall of New Mexico, Mr. Merkley, Mr.
Franken, and Mr. Johnson of South Dakota):
S. 837. A bill to expand and improve opportunities for beginning
farmers and ranchers, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. HARKIN. Mr. President, for many years we have witnessed with
great regret the aging of America's farmers and ranchers and the
decline in the number of agricultural operations in our country. Simply
put, our nation will be stronger and better if more beginning farmers
and ranchers are able to succeed those who inevitably retire and leave
the business. We need new generations of farmers and ranchers to
produce critical supplies of food, fuel, and fiber, to care for and
conserve our soil, water, and other natural resources, and to
contribute as members of healthy and vibrant rural communities. Many
people across America yearn for an opportunity to get a start and build
a successful agricultural operation, yet they face daunting challenges
and obstacles.
The legislation we are introducing today will help families and
individuals across our nation apply their talents, motivation, and
dedication to start and continue farm and ranch operations and
revitalize rural America. Beginning farmers and ranchers will benefit
from practical assistance in this bill, including effective training
and mentoring, better access to and careful use of credit, enhanced
support for conservation, and help in starting and succeeding in
profitable enterprises such as value-added businesses.
We have previously adopted a number of successful initiatives to
assist beginning farmers and ranchers, including in the 2002 and 2008
farm bills enacted
[[Page S3039]]
when I was proud to serve as chairman of the Agriculture, Nutrition,
and Forestry Committee. This bill will extend, build upon, and
strengthen existing programs and initiatives and ensure their continued
effectiveness and success.
A key feature of the Beginning Farmer and Rancher Opportunity Act of
2013 is to extend and strengthen the beginning farmer and rancher
development program, which we enacted in 2008. In this program, USDA
provides competitively-awarded grants to qualified organizations that
deliver training and education for beginning farmers and ranchers. This
new legislation makes it a new priority for USDA to issue grants to
support agricultural rehabilitation and vocational training for
military veterans and to deliver training and education to help
veterans who are beginning farmers and ranchers. The bill also would
extend and increase mandatory funding for this development program to
$20 million in each of fiscal years 2014 through 2018.
This legislation also strengthens in several ways the assistance USDA
provides to enable beginning farmers and ranchers to assemble the
financial resources they need to start and build a successful
operation. It codifies in statute a microloan program in which young
beginning farmers and ranchers who qualify could borrow up to $35,000
for operating expenses at reduced interest rates and with simplified
paperwork. Also included in this bill is mandatory funding at $5
million a year to carry out the individual development accounts pilot
program that was enacted in the 2008 farm bill. Grants under this pilot
program would support State-level individual development account
initiatives to help beginning farmers and ranchers build savings that
can then be invested in their agricultural operations. Several other
provisions of the bill update and improve the existing USDA programs to
help beginning farmers and ranchers obtain loans for operating
expenses, land purchases, and conservation practices.
To encourage and assist beginning farmers and ranchers in maintaining
and adopting sound conservation practices, the bill extends and
strengthens several initiatives enacted in previous farm bills. Of
special importance, the bill expands the options and financial
incentives for maintaining conservation on land that comes out of
Conservation Reserve Program, CRP, contracts if it is leased or sold to
beginning farmers or ranchers. Beginning farmers and ranchers would
also receive more help through the Farm and Ranch Land Protection
Program, enhanced whole-farm conservation planning and technical
assistance, and increased advanced conservation cost-share payments.
Other features of the bill will help beginning and socially
disadvantaged farmers and ranchers better understand and utilize
insurance programs and risk management systems. In order to help
beginning farmers and ranchers build markets and increase income
through adding value to their commodities, the bill enhances
opportunities for beginning farmers and ranchers to receive USDA value-
added producer grants and provides new, increased mandatory funding for
such grants. It also creates a special USDA veterans agricultural
liaison position to focus upon helping veterans understand and benefit
from USDA programs, especially those for beginning farmers and
ranchers.
In conclusion, I am proud of the initiatives we have previously
enacted to help beginning farmers and ranchers create and pursue
opportunities and realize their goals and dreams. By building on the
success of the existing programs, this legislation will lend more help
to beginning farmers and ranchers and in doing so strengthen American
agriculture, our rural communities, and our nation as a whole. I am
grateful to the cosponsors of this bill and urge all of my colleagues
to support it.
______
By Mr. DURBIN:
S. 846. A bill to amend the Family and Medical Leave Act of 1993 to
permit leave to care for a same-sex spouse, domestic partner, parent-
in-law, adult child, sibling, grandchild, or grandparent who has a
serious health condition; to the Committee on Health, Education, Labor,
and Pensions.
Mr. DURBIN. Mr. President, I rise today to introduce the Family and
Medical Leave Inclusion Act. This bill, which I have also introduced in
the previous two Congresses, would extend the important protections of
the Family and Medical Leave Act to grandparents, grandchildren,
siblings, adult children, and same-sex spouses and domestic partners
throughout America.
I am pleased to introduce this bill with a coalition of Senators who
are committed to ensuring justice and equality for all Americans. I
would like to thank Senators Leahy, Whitehouse, Sanders, Murray, Coons,
Gillibrand, Lautenberg, and Blumenthal for standing with me in support
of the Family and Medical Leave Inclusion Act.
In 1993, Congress passed the Family and Medical Leave Act to, among
other things, protect American workers facing either a personal health
crisis, or that of a close family member.
People in the workforce who suffer a serious illness or significant
injury should be able to take time to heal, recover, and follow their
doctors' orders, without the added stress of worrying about their job
status. They should be able to return to their workplaces strong,
healthy, and ready to be productive again. Thanks to the FMLA, they can
take the needed time knowing that their jobs will be there when they
recover.
Most employees, however, are not solely concerned about their own
health and wellbeing. They are also concerned about the health and
wellbeing of those they love. The FMLA gave workers with a child,
parent, or spouse that was sick or injured, an opportunity to provide
the needed care and support, knowing that their jobs would still be
there when they returned.
When it was passed, the FMLA was an important and historic expansion
of our nation's laws. Unfortunately, as families have evolved and
expanded, we've learned that the FMLA does not adequately nor equally
protect all American families. Under current law, it is impossible for
many employees to be with their loved ones during times of medical
need.
As I stated when I first introduced this bill, Congress followed the
lead of many large and small businesses when it enacted the FMLA.
Twenty years ago, many of these businesses had already recognized and
addressed the need for employees to take time off to care for
themselves or a loved one that was battling a serious health condition.
These companies had put in place systems that gave their employees time
to heal themselves or their family members, and ensured that those
employees would return to work as soon as they could.
The FMLA took the model these companies provided and brought the
majority of the American workforce under the same protections.
We once again have an opportunity to learn from the best practices of
American businesses who have adjusted their personnel policies and
benefit packages to better meet the needs of American families, as we
find them today. These businesses have assessed the composition of
their workforces and realized that, in order to meet the evolving needs
of their employees and enhance productivity, they needed to go one step
further than the protections provided by the FMLA.
It's time that we do the same here in Congress, and recognize in law
that a healthy workforce, regardless of sexual orientation, is a
critical component of a healthy, modern, and efficient national
economy. The Human Rights Campaign, a leading civil rights organization
that strongly supports the Family and Medical Leave Inclusion Act,
reports that at least 580 major American corporations, 17 States, and
the District of Columbia now extend FMLA benefits to include leave on
behalf' of a same-sex partners and spouses. Moreover, as of January 1st
of this year, 47% of Fortune 500 companies provided health benefits to
same-sex partners.
When the FMLA was signed into law, it was narrowly tailored to cover
individuals caring for a very close family member. The law sought to
cover that inner circle of people, where the family member assuming the
caretaker role would be one of very few, if not the only person, who
could do so. That idea has not changed.
What has changed are the people who might be in that inner circle.
The nuclear American family has grown,
[[Page S3040]]
sometimes by design, and sometimes by necessity. More and more, that
inner circle of close family might include a grandparent or grandchild,
siblings, or same-sex domestic partners in loving and committed
relationships.
As the law stands right now, too many of these people are excluded
from the protections of the FMLA.
In these tough economic times, when unemployment is high and those
with jobs are doing everything they can to keep them, we all know the
value of job security. Hardworking Americans should not have to make
the impossible choice between keeping their jobs and providing care and
support for loved ones in their time of need. Twenty years ago, the
FMLA ensured that millions of Americans did not have to make that
choice. Now, the time has come to bring this protection into the 21st
century and ensure that the security afforded by the FMLA is available
to a broader range of American workers.
There are many who would understandably question what this kind of
change in the law would cost the business community. Ensuring that
workers can take the time they need to recover from a health emergency
not only benefits an individual family, it benefits the community where
the family lives and the businesses for which the family members work.
As I have stated in the past, the FMLA is already a very good law; it
is already in place and it is working. It provides for unpaid leave
when the need arises, and it only applies to businesses that have
enough employees on hand to handle the absence of a single worker
without too great a burden.
Ninety percent of the leave time that has been taken under the FMLA
has been so that employees can care for themselves or for a child in
their care, and those situations are already covered under the law as
it stands. What the Family and Medical Leave Inclusion Act would do is
provide a little more flexibility, and recognize that there are a few
more people in that inner circle of family who we might call upon, or
who might call upon us.
We can all agree that family is the first and best safety net in
times of personal crisis. Families need to be given the realistic
ability to provide that assistance. What the Family and Medical Leave
Inclusion Act does is give those family members the ability to help
their loved ones in ways that only they can, without fear of losing
their jobs in the process.
The Family and Medical Leave Inclusion Act enhances the FMLA. Like
the FMLA when it was passed two decades ago, the Family and Medical
Leave Inclusion Act is long overdue. Our legislation contains
reasonable changes that reflect what many of our nation's most
successful businesses have already done and it accurately represents
the modem American family.
The Family and Medical Leave Inclusion Act is supported by over 80
organizations from the business, civil rights, LGBT, and labor
communities, including: the National Association of Working Women;
AFSCME; American Academy of Pediatrics ACLU; Families USA; Gay and
Lesbian Advocates and Defenders, GLAD; Human Rights Campaign; People
for the American Way; SEIU and; The Leadership Conference on Civil and
Human Rights.
The Family and Medical Leave Inclusion Act is the right thing to do,
and I hope we can join together and pass it on a bipartisan basis.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 846
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave
Inclusion Act''.
SEC. 2. LEAVE TO CARE FOR A SAME-SEX SPOUSE, DOMESTIC
PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING,
GRANDCHILD, OR GRANDPARENT.
(a) Definitions.--
(1) Inclusion of adult children and children of a domestic
partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is
amended--
(A) by inserting ``a child of an individual's domestic
partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows and
inserting ``and includes an adult child.''.
(2) Inclusion of grandchildren, grandparents, parents-in-
law, siblings, and domestic partners.--Section 101 of such
Act (29 U.S.C. 2611) is further amended by adding at the end
the following:
``(20) Domestic partner.--The term `domestic partner', used
with respect to an employee, means--
``(A) the person recognized as the domestic partner of the
employee under any domestic partner registry or civil union
law of the State or political subdivision of a State where
the employee resides, or the person who is lawfully married
to the employee under the law of the State where the employee
resides and who is the same sex as the employee; or
``(B) in the case of an unmarried employee who lives in a
State where a person cannot marry a person of the same sex
under the laws of the State, a single, unmarried adult person
of the same sex as the employee who is in a committed,
personal (as defined in regulations issued by the Secretary)
relationship with the employee, who is not a domestic partner
to any other person, and who is designated to the employer by
such employee as that employee's domestic partner.
``(21) Grandchild.--The term `grandchild', used with
respect to an employee, means any person who is a son or
daughter of a son or daughter of the employee.
``(22) Grandparent.--The term `grandparent', used with
respect to an employee, means a parent of a parent of the
employee.
``(23) Parent-in-law.--The term `parent-in-law', used with
respect to an employee, means a parent of the spouse or
domestic partner of the employee.
``(24) Sibling.--The term `sibling', used with respect to
an employee, means any person who is a son or daughter of the
employee's parent.
``(25) Son-in-law or daughter-in-law.--The term `son-in-law
or daughter-in-law', used with respect to an employee, means
any person who is a spouse or domestic partner of a son or
daughter of the employee.''.
(b) Leave Requirement.--Section 102 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``spouse, or a son,
daughter, or parent, of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, or sibling, of the employee if such spouse,
domestic partner, son, daughter, parent, parent-in-law,
grandparent, or sibling''; and
(B) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,'';
(2) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic
partner, son, daughter, parent, son-in-law or daughter-in-
law, grandparent, sibling,'';
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking ``spouse, parent,''
and inserting ``spouse, domestic partner, parent, parent-in-
law, grandchild, grandparent, sibling,''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent,'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``a husband and wife''
and inserting ``2 spouses or 2 domestic partners''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``that husband and
wife'' and inserting ``those spouses or those domestic
partners''; and
(ii) in subparagraph (B), by striking ``the husband and
wife'' and inserting ``those spouses or those domestic
partners''.
(c) Certification.--Section 103 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2613) is amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse, domestic partner, parent, parent-in-
law, grandchild, grandparent, or sibling''; and
(2) in subsection (b)--
(A) in paragraph (4)(A), by striking ``spouse, or parent
and an estimate of the amount of time that such employee is
needed to care for the son, daughter, spouse, or parent'' and
inserting ``spouse, domestic partner, parent, parent-in-law,
grandparent, or sibling and an estimate of the amount of time
that such employee is needed to care for such son, daughter,
spouse, domestic partner, parent, parent-in-law, grandparent,
or sibling''; and
(B) in paragraph (7), by striking ``parent, or spouse'' and
inserting ``spouse, domestic partner, parent, parent-in-law,
grandparent, or sibling''.
(d) Employment and Benefits Protection.--Section 104(c)(3)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2614(c)(3)) is amended--
(1) in subparagraph (A)(i), by striking ``spouse, or
parent'' and inserting ``spouse, domestic partner, parent,
parent-in-law, grandparent, or sibling''; and
(2) in subparagraph (C)(ii), by striking ``spouse, or
parent'' and inserting ``spouse, domestic partner, parent,
parent-in-law, grandparent, or sibling''.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of adult children and children of a domestic
partner.--Section 6381(6) of title 5, United States Code, is
amended--
[[Page S3041]]
(A) by inserting ``a child of an individual's domestic
partner,'' after ``a legal ward,''; and
(B) by striking ``who is--'' and all that follows and
inserting ``and includes an adult child.''.
(2) Inclusion of grandchildren, grandparents, parents-in-
law, siblings, and domestic partners.--Section 6381 of such
title is further amended--
(A) in paragraph (11)(B), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(13) the term `domestic partner', used with respect to an
employee, means--
``(A) the person recognized as the domestic partner of the
employee under any domestic partner registry or civil union
law of the State or political subdivision of a State where
the employee resides, or the person who is lawfully married
to the employee under the law of the State where the employee
resides and who is the same sex as the employee; or
``(B) in the case of an unmarried employee who lives in a
State where a person cannot marry a person of the same sex
under the laws of the State, a single, unmarried adult person
of the same sex as the employee who is in a committed,
personal (as defined in regulations issued by the Office of
Personnel Management) relationship with the employee, who is
not a domestic partner to any other person, and who is
designated to the employer by such employee as that
employee's domestic partner;
``(14) the term `grandchild', used with respect to an
employee, means any person who is a son or daughter of a son
or daughter of the employee;
``(15) the term `grandparent', used with respect to an
employee, means a parent of a parent of the employee;
``(16) the term `parent-in-law', used with respect to an
employee, means a parent of the spouse or domestic partner of
the employee;
``(17) the term `sibling', used with respect to an
employee, means any person who is a son or daughter of the
employee's parent; and
``(18) the term `son-in-law or daughter-in-law', used with
respect to an employee, means any person who is a spouse or
domestic partner of a son or daughter of the employee.''.
(b) Leave Requirement.--Section 6382 of title 5, United
States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``spouse, or a son,
daughter, or parent, of the employee, if such spouse, son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandparent, or sibling, of the employee, if such spouse,
domestic partner, son, daughter, parent, parent-in-law,
grandparent, or sibling''; and
(B) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,'';
(2) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic
partner, son, daughter, parent, son-in-law or daughter-in-
law, grandparent, sibling,''; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking ``spouse, parent'' and
inserting ``spouse, domestic partner, parent, parent-in-law,
grandchild, grandparent, sibling''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent,'' and inserting ``spouse or domestic
partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,''.
(c) Certification.--Section 6383 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``spouse, or parent''
and inserting ``spouse, domestic partner, parent, parent-in-
law, grandchild, grandparent, or sibling''; and
(2) in subsection (b)(4)(A), by striking ``spouse, or
parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or
parent'' and inserting ``spouse, domestic partner, parent,
parent-in-law, grandparent, or sibling and an estimate of the
amount of time that such employee is needed to care for such
son, daughter, spouse, domestic partner, parent, parent-in-
law, grandparent, or sibling''.
______
By Mr. REED (for himself and Mr. Grassley):
S. 848. A bill to promote transparency by permitting the Public
Company Accounting Oversight Board to allow its disciplinary
proceedings to be open to the public, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, today I am introducing the PCAOB Enforcement
Transparency Act of 2013 along with my colleague Senator Grassley. This
bill will allow the Public Company Accounting Oversight Board, PCAOB,
to make public disciplinary proceedings it has brought against auditors
and audit firms earlier in the process.
Slightly over 10 years ago, our markets fell victim to a series of
massive financial reporting frauds, including those involving Enron and
WorldCom. Public companies had produced fraudulent and materially
misleading financial statements, which artificially drove their stock
prices up and misrepresented their overall profitability. Once the
fraud was discovered, investor confidence plummeted, as did the markets
themselves. We all took a step back after this crisis and asked
ourselves how such massive financial fraud in public reporting
companies could have gone undetected for so long.
The Senate Committee on Banking, Housing, and Urban Affairs conducted
a series of hearings on issues that were raised by the revelations
raised by fraud at Enron and other public companies. The hearings
produced consensus on a number of underlying causes, including weak
corporate governance, a lack of accountability, and inadequate
oversight of accountants charged with auditing a public company's
financial statements.
In order to address the gaps and structural weaknesses revealed by
the investigation and hearings, the Senate passed the Sarbanes-Oxley
Act of 2002 in a 99 to 0 vote.
The Sarbanes-Oxley Act ensured that corporate officers were directly
accountable for their financial reporting and for the quality of their
financial statements. The law also created a strong, independent board
to oversee the conduct of the auditors of public companies, the Public
Company Accounting Oversight Board.
The PCAOB is responsible for overseeing auditors of public companies
in order to protect investors who rely on independent audit reports on
the financial statements of public companies. The Board operates under
the oversight of the U.S. Securities and Exchange Commission (SEC).
The PCAOB oversees more than 2,400 registered auditing firms, as well
as the thousands of audit partners and staff who contribute to a firm's
work on each audit. The Board's ability to commence proceedings to
determine whether there have been violations of its auditing standards
or rules of professional practice is an important component of its
oversight.
However, unlike other oversight bodies, such as the SEC, the U.S.
Department of Labor, the Federal Deposit Insurance Corporation, the
U.S. Commodity Futures Trading Commission, the Financial Industry
Regulatory Authority, and others, the Board's disciplinary proceedings
are not allowed to be public unless the parties consent. Of course,
parties subject to disciplinary proceedings have no incentive to
consent to publicizing their alleged wrongdoing and thus these
proceedings remain cloaked behind a veil of secrecy. In addition, the
Board's decisions in disciplinary proceedings are not allowed to be
publicized until after the complete exhaustion of an appeals process,
which can often take several years.
The PCAOB's nonpublic disciplinary proceedings create a lack of
transparency that invites abuse and undermines the Congressional intent
behind the establishment of the PCAOB, which was to shine a bright
light on auditing firms and practices, and to bolster the
accountability of auditors of public companies to the investing public.
Over the last several years, bad actors have taken advantage of the
lack of transparency by using it to shield themselves from public
scrutiny and accountability. PCAOB Chairman James Doty has repeatedly
stated in testimony provided to both the Senate and House of
Representatives over the past two years that the secrecy of the
proceedings ``has a variety of unfortunate consequences'' and that such
secrecy is harmful to investors, the auditing profession, and the
public at large.
In one example, an accounting firm that was subject to a disciplinary
proceeding continued to issue no fewer than 29 additional audit reports
on public companies without any of those companies knowing about the
PCAOB disciplinary proceedings. In other words, investors and the
public company clients of that audit firm were deprived of relevant and
material information about the proceedings against the firm and the
substance of any violations.
There are several reasons why the Board's enforcement proceedings
should be open and transparent. First,
[[Page S3042]]
as I have already noted, the closed proceedings run counter to the
public proceedings of other government oversight bodies. Indeed, nearly
all administrative proceedings brought by the SEC against those it
regulates public companies, brokers, dealers, investment advisers, and
others are open, public proceedings. The PCAOB's secret proceedings are
not only shielded from the public, but from Congress as well. How can
the public and Congress properly evaluate the Board's oversight of
auditors and audit firms, and its enforcement program, when no one is
entitled to know any of the details of these administrative
proceedings, including whether a proceeding has even been initiated?
Second, the incentive to litigate cases in order to continue to
shield conduct from the public as long as possible frustrates the
process and requires the expenditure of needless resources by both
litigants and the PCAOB.
Third, agencies such as the SEC have observed the benefits of open
and transparent disciplinary proceedings, which include the benefit of
informing peer audit firms of the type of activity that may give rise
to enforcement action by the regulator. In effect, transparency of
proceedings can serve as a deterrent to misconduct because of a
perceived increase in the likelihood of ``getting caught.''
Accordingly, the audit industry as a whole would also benefit from
timely, public, and non-secret enforcement proceedings.
Our bill will make hearings by the PCAOB, and all related notices,
orders, and motions, transparent and available to the public unless
otherwise ordered by the Board. This would make the PCAOB's procedures
similar to those of the SEC for analogous matters.
Increasing the transparency and accountability of audit firms subject
to disciplinary proceedings instituted by the PCAOB is a critical
component of efforts to bolster and maintain investor confidence in our
financial markets, and should better protect companies as well from
problematic auditors.
I hope our colleagues will join Senator Grassley and me in taking the
legislative steps necessary to enhance transparency in the PCAOB's
enforcement process.
______
By Mr. SANDERS:
S. 851. A bill to amend title 38, United States Code, to extend to
all veterans with a serious service-connected injury eligibility to
participate in the family caregiver services program; to the Committee
on Veterans' Affairs.
Mr. SANDERS. Mr. President, as Chairman of the Senate Committee on
Veterans' Affairs, I am proud to introduce the Caregivers Expansion and
Improvement Act of 2013, which will address the important needs of
veterans' caregivers.
For generations, as the men and women of our armed forces returned
home with serious injuries sustained overseas, their wives, husbands,
parents and other family members stepped in to care for them. These
family members have often provided this care at significant personal
sacrifice. These caregivers' dedication to caring for the needs of
their injured veterans has often resulted in lost professional
opportunities and reduction in income.
Under the Caregivers and Veterans Omnibus Health Services Act of
2010, important services and benefits were made available to seriously
injured post-9/11 veterans and their families. These changes improved
the lives of caregivers by giving them the support they need which, in
turn, improved the lives of veterans. These services and benefits for
caregivers include a tax-free monthly stipend, travel expenses, health
insurance, mental health services and counseling, caregiver training
and respite care for caregivers of seriously injured post-9/11
veterans. However, these services were not made available to pre-9/11
veterans with equally serious injuries and whose caregivers were in
equal need of support.
Many caregivers of pre-9/11 veterans have been caring for injured
veterans for years with no support from the federal government. It is
time to provide equal benefits to veterans and their family members
from all eras. My legislation does just that.
I urge my colleagues to join me in supporting equal treatment of the
caregivers of our Nation's veterans and cosponsor my legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 851
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caregivers Expansion and
Improvement Act of 2013''.
SEC. 2. EXTENSION TO ALL VETERANS WITH A SERIOUS SERVICE-
CONNECTED DISABILITY OF ELIGIBILITY FOR
PARTICIPATION IN FAMILY CAREGIVER PROGRAM.
Section 1720G(a)(2)(B) of title 38, United States Code, is
amended by striking ``on or after September 11, 2001''.
______
By Mr. SANDERS:
S. 852. A bill to improve health care furnished by the Department of
Veterans Affairs by increasing access to complementary and alternative
medicine and other approaches to wellness and preventive care, and for
other purposes; to the Committee on Veterans' Affairs.
Mr. SANDERS. Mr. President, as Chairman of the Senate Committee on
Veterans' Affairs, I am proud to introduce the Veterans Health
Promotion Act of 2013, which will address veterans' health and
wellness.
The most recent statistics show that VA is providing health care to
over 6.5 million individual veterans each year, including over 674,000
veterans from the most recent wars in Iraq and Afghanistan. These
veterans are enrolling in VA at a rate of 56 percent, higher than any
other group of veterans from previous conflicts. These veterans are
receiving some of the best health care this nation has to offer. They
can access this care at medical centers, outpatient clinics, vet
centers, mobile clinics and through telemedicine.
Despite this access to care, many veterans still struggle with their
overall wellbeing. Therefore, it is not enough to treat veterans who
are very sick. When we focus solely on disease and illness, we miss the
broader goal of wellness. We must expand our understanding of the care
options necessary to improve veterans' lives. Therefore, I am
introducing legislation which would do just that--expand veterans'
access a full spectrum of care including wellness and Complementary and
Alternative Medicine--known as CAM.
VA has made significant strides in providing CAM at VA medical
centers. As the name describes, CAM therapies can serve as a complement
to traditional care or, for some veterans, as an alternative. There is
a growing body of evidence to support the value of these therapies but
greater understanding can be achieved through the expansion of these
services to more veterans. The legislation I am introducing today would
do just that.
This expansion would occur through the Veterans Health
Administration's Center of Innovation, which is developing,
demonstrating and evaluating veteran-centered health care policies. To
date, VA has established five such centers. My legislation would
increase the number of these Centers of Innovation, establishing at
least one in each of VA's 23 Veterans Integrated Service Networks. My
legislation would create a total of fifteen pilot sites to provide CAM
therapies to veterans throughout the nation. Five of the pilot sites
would be located at VA's Polytrauma Centers, which care for veterans
with the most complex injuries. The remaining ten would provide CAM
therapies within primary care settings.
Additionally, my legislation would require VA to study barriers to
providing and promoting preventive and holistic approaches to health
care, including CAM and wellness, in the primary care setting. When we
understand these barriers we can find a way to break them down,
furthering opportunities to enhance the overall health and sense of
wellbeing among veterans.
The legislation would also authorize grants to state and city
agencies, and community-based nonprofit organizations to provide combat
veterans and their family members access to wellness programs. By
leveraging these outside organizations while improving their
collaboration with VA, we can improve access to wellness programs
without sacrificing VA's valuable model of care coordination.
[[Page S3043]]
An important component for maintaining a healthy lifestyle is
physical activity. One of the best ways to improve the health of a
population is to increase access to opportunities for physical
activity. When coupled with a healthy diet, physical fitness can help
promote weight loss and lower the risk of diabetes, heart attack and
stroke. Therefore, my legislation would create a pilot program to
provide fitness center memberships for overweight and obese veterans,
in consultation with their VA health care provider. The pilot program
would be over a 2-year period at 10 pilot sites. Additionally, the
legislation would require VA to partner with fitness centers to improve
access for veterans.
Finally, we must ensure CAM, wellness and fitness options are not
only available to veterans, but are also utilized by veterans.
Therefore, my legislation would require VA to study the barriers that
exist across VHA in providing and promoting preventative and holistic
approaches to health care, to include Complementary and Alternative
Medicine and Wellness, in the primary care setting in order to enhance
their overall health and sense of wellbeing among veterans.
I urge my colleagues to support this legislation and I look forward
to working with them to continue to improve health care access for our
veterans.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 852
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Health Promotion
Act of 2013''.
SEC. 2. DESIGNATION AND OPERATION OF CENTERS OF INNOVATION
FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE IN
HEALTH CARE RESEARCH, EDUCATION, AND CLINICAL
ACTIVITIES.
(a) Designation and Operation of Centers of Innovation.--
Subchapter II of chapter 73 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 7330B. Centers of innovation for complementary and
alternative medicine in health care research, education,
and clinical activities
``(a) Designation and Operation.--The Secretary, acting
through the Director of the Office of Patient Centered Care
for Cultural Transformation, shall designate and operate at
least one center of innovation for complementary and
alternative medicine in health research, education, and
clinical activities in each Veterans Integrated Service
Networks.
``(b) Functions.--The functions of the centers of
innovation designated and operated under subsection (a) are
as follows:
``(1) To conduct research on the furnishing of
complementary and alternative medicine in health care.
``(2) To develop specific models to be used by the
Department in furnishing services to veterans consisting of
complementary and alternative medicine.
``(3) To provide education and training for health care
professionals of the Department on--
``(A) the furnishing of services consisting of
complementary and alternative medicine to veterans; or
``(B) providing referrals to veterans for the receipt of
such services.
``(4) To develop and implement innovative clinical
activities and systems of care for the Department for the
furnishing of services consisting of complementary and
alternative medicine to veterans.
``(c) Geographic Dispersion.--The Secretary shall ensure
that the centers designated and operated under this section
are located at health care facilities that are geographically
dispersed throughout the United States.
``(d) Funding.--(1) There is authorized to be appropriated
to the Secretary such sums as may be necessary for the
support of the research and education activities of the
centers operated under this section.
``(2) Activities of clinical and scientific investigation
at each center operated under this section--
``(A) shall be eligible to compete for the award of funding
from funds appropriated for the Medical and Prosthetics
Research Account; and
``(B) shall receive priority in the award of funding from
such account to the extent that funds are awarded to projects
for research on the care of rural veterans.
``(e) Complementary and Alternative Medicine Defined.--In
this section, the term `complementary and alternative
medicine' shall have the meaning given that term in
regulations the Secretary shall prescribe for purposes of
this section, which shall, to the degree practicable, be
consistent with the meaning given such term by the Secretary
of Health and Human Services.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of such title is amended by inserting
after the item relating to section 7330A the following new
item:
``7330B. Centers of Innovation for complementary and alternative
medicine in health care research, education, and clinical
activities.''.
SEC. 3. PILOT PROGRAM ON ESTABLISHMENT OF COMPLEMENTARY AND
ALTERNATIVE MEDICINE CENTERS WITHIN DEPARTMENT
OF VETERANS AFFAIRS MEDICAL CENTERS.
(a) Pilot Program Required.--Commencing not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall carry out, through the
Office of Patient Centered Care and Cultural Transformation
of the Department of Veterans Affairs, a pilot program to
assess the feasibility and advisability of establishing
complementary and alternative medicine centers within
Department medical centers to promote the use and integration
of complementary and alternative medicine services for mental
health diagnoses and pain management.
(b) Duration of Program.--The pilot program shall be
carried out during the three-year period beginning on the
date of the commencement of the pilot program.
(c) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program by establishing not fewer than 15 complementary and
alternative medicine centers in 15 separate Department
medical centers as follows:
(A) Five Department medical centers designated by the
Secretary as polytrauma centers.
(B) Ten Department medical center not designated by
Secretary as polytrauma centers.
(2) Considerations.--In selecting locations for the pilot
program, the Secretary shall consider the feasibility and
advisability of selecting locations in--
(A) rural areas;
(B) areas that are not in close proximity to an active duty
military installation; and
(C) areas representing different geographic locations, such
as census tracts established by the Bureau of the Census.
(d) Provision of Services.--Under the pilot program, the
Secretary shall provide covered services to covered veterans
through the complementary and alternative medicine centers
established under subsection (c)(1).
(e) Covered Veterans.--For purposes of the pilot program, a
covered veteran is any veteran who has--
(1) a mental health condition diagnosed by a clinician of
the Department; or
(2) a pain condition for which the veteran has received a
pain management plan from a clinician of the Department.
(f) Covered Services.--
(1) In general.--For purposes of the pilot program, covered
services are services consisting of complementary or
alternative medicine.
(2) Administration of services.--Covered services shall be
administered under the pilot program as follows:
(A) Covered services shall be administered by clinicians
who exclusively provide services consisting of complementary
or alternative medicine.
(B) Covered services shall be included as part of the
Patient Aligned Care Teams initiative of the Office of
Patient Care Services, Primary Care Program Office.
(C) Covered services shall be made available to both--
(i) covered veterans with mental health conditions or pain
conditions described in subsection (e) who have received
traditional treatments from the Department for such
conditions; and
(ii) covered veterans with mental health conditions or pain
conditions described in subsection (e) who have not received
traditional treatments from the Department for such
conditions.
(g) Voluntary Participation.--The participation of a
veteran in the pilot program shall be at the election of the
veteran and in consultation with a clinician of the
Department.
(h) Reports to Congress.--
(1) Quarterly reports.--Not later than 90 days after the
date of the commencement of the pilot program and not less
frequently than once every 90 days thereafter for the
duration of the pilot program, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the efforts of the Secretary to
carry out the pilot program, including a description of the
outreach conducted by the Secretary to veterans and community
organizations to inform such organizations about the pilot
program.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the pilot program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) The findings and conclusions of the Secretary with
respect to the pilot program, including with respect to the
utilization and efficacy of the complementary and alternative
medicine centers established under the pilot program.
[[Page S3044]]
(ii) Such recommendations for the continuation or expansion
of the pilot program as the Secretary considers appropriate.
SEC. 4. PILOT PROGRAM ON USE OF WELLNESS PROGRAMS AS
COMPLEMENTARY APPROACH TO MENTAL HEALTH CARE
FOR VETERANS AND FAMILY MEMBERS OF VETERANS.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program through the award of grants to
public or private nonprofit entities to assess the
feasibility and advisability of using wellness programs to
complement the provision of mental health care to veterans
and family members eligible for counseling under section
1712A(a)(1)(C) of title 38, United States Code.
(2) Matters to be addressed.--The pilot program shall be
carried out so as to assess the following:
(A) Means of improving coordination between Federal, State,
local, and community providers of health care in the
provision of mental health care to veterans and family
members described in paragraph (1).
(B) Means of enhancing outreach, and coordination of
outreach, by and among providers of health care referred to
in subparagraph (A) on the mental health care services
available to veterans and family members described in
paragraph (1).
(C) Means of using wellness programs of providers of health
care referred to in subparagraph (A) as complements to the
provision by the Department of Veterans Affairs of mental
health care to veterans and family members described in
paragraph (1).
(D) Whether wellness programs described in subparagraph (C)
are effective in enhancing the quality of life and well-being
of veterans and family members described in paragraph (1).
(E) Whether wellness programs described in subparagraph (C)
are effective in increasing the adherence of veterans
described in paragraph (1) to the primary mental health
services provided such veterans by the Department.
(F) Whether wellness programs described in subparagraph (C)
have an impact on the sense of wellbeing of veterans
described in paragraph (1) who receive primary mental health
services from the Department.
(G) Whether wellness programs described in subparagraph (C)
are effective in encouraging veterans receiving health care
from the Department to adopt a more healthy lifestyle.
(b) Duration.--The Secretary shall carry out the pilot
program for a period of three years beginning on the date
that is 90 days after the date of the enactment of this Act.
(c) Locations.--The Secretary shall carry out the pilot
program at facilities of the Department providing mental
health care services to veterans and family members described
in subsection (a)(1).
(d) Grant Proposals.--
(1) In general.--A public or private nonprofit entity
seeking the award of a grant under this section shall submit
an application therefor to the Secretary in such form and in
such manner as the Secretary may require.
(2) Application contents.--Each application submitted under
paragraph (1) shall include the following:
(A) A plan to coordinate activities under the pilot
program, to the extent possible, with the Federal, State, and
local providers of services for veterans to enhance the
following:
(i) Awareness by veterans of benefits and health care
services provided by the Department.
(ii) Outreach efforts to increase the use by veterans of
services provided by the Department.
(iii) Educational efforts to inform veterans of the
benefits of a healthy and active lifestyle.
(B) A statement of understanding from the entity submitting
the application that, if selected, such entity will be
required to report to the Secretary periodically on
standardized data and other performance data necessary to
evaluate individual outcomes and to facilitate evaluations
among entities participating in the pilot program.
(C) Other requirements that the Secretary may prescribe.
(e) Grant Uses.--
(1) In general.--A public or private nonprofit entity
awarded a grant under this section shall use the award for
purposes prescribed by the Secretary.
(2) Eligible veterans and family.--In carrying out the
purposes prescribed by the Secretary in paragraph (1), a
public or private nonprofit entity awarded a grant under this
section shall use the award to furnish services only to
individuals specified in section 1712A(a)(1)(C) of title 38,
United States Code.
(f) Reports.--
(1) Periodic reports.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit to Congress a report on the pilot
program.
(B) Report elements.--Each report required by subparagraph
(A) shall include the following:
(i) The findings and conclusions of the Secretary with
respect to the pilot program during the 180-day period
preceding the report.
(ii) An assessment of the benefits of the pilot program to
veterans and their family members during the 180-day period
preceding the report.
(2) Final report.--Not later than 180 days after the end of
the pilot program, the Secretary shall submit to Congress a
report detailing the recommendations of the Secretary as to
the advisability of continuing or expanding the pilot
program.
(g) Wellness Defined.--In this section, the term
``wellness'' shall have the meaning given that term in
regulations prescribed by the Secretary.
SEC. 5. PILOT PROGRAM ON HEALTH PROMOTION FOR OVERWEIGHT AND
OBESE VETERANS THROUGH SUPPORT OF FITNESS
CENTER MEMBERSHIP.
(a) Pilot Program Required.--Commencing not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall, through the National
Center for Preventive Health, carry out a pilot program to
assess the feasibility and advisability of promoting health
in covered veterans, including achieving a healthy weight and
reducing risks of chronic disease, through support for
fitness center membership.
(b) Covered Veterans.--For purposes of this section, a
covered veteran is any veteran who--
(1) is determined by a clinician of the Department of
Veterans Affairs to be overweight or obese as of the date of
the commencement of the pilot program; and
(2) resides in a location that is more than 15 minutes
driving distance from a fitness center at a facility of the
Department that would otherwise be available to the veteran
for at least eight hours per day during five or more days per
week.
(c) Duration of Pilot Program.--The pilot program shall be
carried out during the two-year period beginning on the date
of the commencement of the pilot program.
(d) Locations.--
(1) In general.--In carrying out the pilot program, the
Secretary shall select--
(A) not less than five medical centers of the Department at
which the Secretary shall cover the full reasonable cost of a
fitness center membership for covered veterans within the
catchment area of such centers; and
(B) not less than five medical centers of the Department at
which the Secretary shall cover half the reasonable cost of a
fitness center membership for covered veterans within the
catchment area of such centers.
(2) Considerations.--In selecting locations for the pilot
program, the Secretary shall consider the feasibility and
advisability of selecting locations in the following areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an active duty
military installation.
(C) Areas in different geographic locations.
(e) Participation.--
(1) Maximum number of participants.--The number of covered
veterans who may participate in the pilot program at a
location selected under subsection (d) may not exceed 100.
(2) Voluntary participation.--The participation of a
covered veteran in the pilot program shall be at the election
of the covered veteran in consultation with a clinician of
the Department.
(f) Membership Payment.--
(1) In general.--Except as provided in paragraph (2), in
carrying out the pilot program, the Secretary shall pay the
following:
(A) The full reasonable cost of a fitness center membership
for covered veterans within the catchment area of centers
selected under subsection (b)(1)(A) who are participating in
the pilot program.
(B) Half the reasonable cost of a fitness center membership
for covered veterans within the catchment area of centers
selected under subsection (b)(1)(B) who are participating in
the pilot program.
(2) Limitation.--Payment for a fitness center membership of
a covered veteran may not exceed $50 per month of membership.
(g) Reports.--
(1) Periodic reports.--Not later than 90 days after the
date of the commencement of the pilot program and not less
frequently than once every 90 days thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on activities carried out to
implement the pilot program, including outreach activities to
veterans and community organizations.
(2) Final report.--Not later than 180 days after the date
of the completion of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program detailing--
(A) the findings and conclusions of the Secretary as a
result of the pilot program; and
(B) recommendations for the continuation or expansion of
the pilot program.
SEC. 6. PILOT PROGRAM ON HEALTH PROMOTION FOR VETERANS
THROUGH ESTABLISHMENT OF DEPARTMENT OF VETERANS
AFFAIRS FITNESS FACILITIES.
(a) Pilot Program Required.--Commencing not later than 180
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 promoting
health in covered veterans, including achieving a healthy
weight, through establishment of Department of Veterans
Affairs fitness facilities.
(b) Covered Veterans.--For purposes of this section, a
covered veteran is any veteran who is enrolled in the system
of annual patient enrollment established and operated by the
Secretary under section 1705 of title 38, United States Code.
[[Page S3045]]
(c) Duration of Pilot Program.--The pilot program shall be
carried out during the three-year period beginning on the
date of the commencement of the pilot program.
(d) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program by establishing fitness facilities in Department
facilities as follows:
(A) In not fewer than five Department of Veterans Affairs
medical centers selected by the Secretary for purposes of the
pilot program.
(B) In not fewer than five outpatient clinics of the
Department selected by the Secretary for purposes of the
pilot program.
(2) Considerations.--In selecting locations for the pilot
program, the Secretary shall consider the feasibility and
advisability of selecting locations in the following areas:
(A) Rural areas.
(B) Areas that are not in close proximity to an active duty
military installation.
(C) Areas in different geographic locations.
(e) Limitation on Expenses.--In establishing and supporting
a fitness facility in a facility of the Department under the
pilot program, the Secretary may expend amounts as follows:
(1) For establishment and support of a fitness facility in
a Department of Veterans Affairs medical center, not more
than $60,000.
(2) For establishment and support of a fitness facility in
an outpatient clinic of the Department, not more than
$40,000.
(f) Renovations and Purchases.--Subject to subsection (e),
the Secretary may, in carrying out the pilot program, make
such renovations to physical facilities of the Department and
purchase such fitness equipment and supplies as the Secretary
considers appropriate for purposes of the pilot program.
(g) Prohibition on Assessment of User Fees.--The Secretary
may not assess a fee upon a covered veteran for use of a
fitness facility established under the pilot program.
(h) Voluntary Participation.--The participation of a
covered veteran in the pilot program shall be at the election
of the covered veteran.
(i) Reports.--
(1) Periodic reports.--Not later than 90 days after the
date of the commencement of the pilot program and not less
frequently than once every 90 days thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on activities carried out to
implement the pilot program, including outreach activities to
veterans and community organizations.
(2) Final report.--Not later than 180 days after the date
of the completion of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program detailing--
(A) the findings and conclusions of the Secretary as a
result of the pilot program; and
(B) recommendations for the continuation or expansion of
the pilot program.
SEC. 7. STUDY OF BARRIERS ENCOUNTERED BY VETERANS IN
RECEIVING COMPLEMENTARY AND ALTERNATIVE
MEDICINE FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a comprehensive study of the barriers
encountered by veterans in receiving complementary and
alternative medicine from the Department of Veterans Affairs.
In conducting the study, the Secretary shall--
(1) survey veterans who seek or receive hospital care or
medical services furnished by the Department, as well as
veterans who do not seek or receive such care or services;
(2) administer the survey to a representative sample of
veterans from each Veterans Integrated Service Network; and
(3) ensure that the sample of veterans surveyed is of
sufficient size for the study results to be statistically
significant.
(b) Elements of Study.--In conducting the study required by
subsection (a), the Secretary shall study the following:
(1) The perceived barriers associated with obtaining
complementary and alternative medicine services from the
Department.
(2) The satisfaction of veterans with complementary and
alternative medicine in primary care.
(3) The degree to which veterans are aware of eligibility
requirements for, and the scope of services available under,
complementary and alternative medicine furnished by the
Department.
(4) The effectiveness of outreach to veterans on the
availability of complementary and alternative medicine for
veterans.
(5) Such other barriers as the Secretary considers
appropriate.
(c) Discharge by Contract.--The Secretary shall enter into
a contract with a qualified independent entity or
organization to carry out the study required by this section.
(d) Mandatory Review of Data by Certain Department
Divisions.--
(1) In general.--The Secretary shall ensure that the head
of each division of the Department specified in paragraph (2)
reviews the results of the study conducted under this
section. The head of each such division shall submit findings
with respect to the study to the Under Secretary for Health
and to other pertinent program offices within the Department
with responsibilities relating to health care services for
veterans.
(2) Specified divisions.--The divisions of the Department
specified in this paragraph are the following:
(A) The centers for innovation established under section
7330B of title 38, United States Code, as added by section 2.
(B) The Health Services Research and Development Service
Scientific Merit Review Board.
(e) Reports.--
(1) Report on implementation.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on the status of the
implementation of this section.
(2) Report on study.--
(A) In general.--Not later than 45 days after the date of
the completion of the study, the Secretary shall submit to
Congress a report on the study required by subsection (a).
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) Recommendations for such administrative and legislative
proposals and actions as the Secretary considers appropriate.
(ii) The findings of the head of each division of the
Department specified under subsection (d)(2) and of the Under
Secretary for Health.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $2,000,000 to carry out
this section.
SEC. 8. COMPLEMENTARY AND ALTERNATIVE MEDICINE DEFINED.
In this Act, the term ``complementary and alternative
medicine'' shall have the meaning given such term under
section 7330B of title 38, United States Code, as added by
section 2.
____________________