[Congressional Record Volume 160, Number 59 (Thursday, April 10, 2014)]
[Senate]
[Pages S2381-S2386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARDIN (for himself, Mr. Leahy, Mr. Durbin, Mr.
Whitehouse, Mr. Booker, Mr. Harkin, Mr. Sanders, and Mrs.
Gillibrand):
S. 2235. A bill to secure the Federal voting rights of persons when
released from incarceration; to the Committee on the Judiciary.
Mr. CARDIN. Mr. President, today I am pleased to introduce the
Democracy Restoration Act, known as the DRA. I want to thank Judiciary
Committee Chairman Leahy and Senators Durbin, Whitehouse, Booker,
Harkin, and Sanders as original cosponsors of this legislation.
As the late Senator Kennedy often said, civil rights is the
``unfinished business'' of America. The Democracy Restoration Act would
restore voting rights in Federal elections to approximately 5.8 million
citizens who have been released from prison and are back living in
their communities.
After the Civil War, Congress enacted and the States ratified the
Fifteenth Amendment, which provides that ``the right of citizens of the
United States to vote shall not be denied or abridged by the United
States or by any State on account of race, color, or previous condition
of servitude. The Congress shall have power to enforce this article by
appropriate legislation.''
Unfortunately, many States passed laws during the Jim Crow period
after the Civil War to make it more difficult for newly-freed slaves to
vote in elections. Such laws included poll taxes, literacy tests, and
disenfranchisement measures. Some disenfranchisement measures applied
to misdemeanor convictions and in practice could result in lifetime
disenfranchisement, even for individuals that successfully reintegrated
into their communities as law-abiding citizens.
It took Congress and the States nearly another century to eliminate
the poll tax, upon the ratification of the Twenty-Fourth Amendment in
1964. The Amendment provides that ``the rights of citizens of the
United States to vote in any primary or other election for President or
Vice President, or for Senator or Representative in Congress, shall not
be denied or abridged by the United States or any State by reason of
failure to pay any poll tax or other tax.''
Shortly thereafter Congress enacted the Voting Rights Act of 1965,
which swept away numerous State laws and procedures that had denied
African-Americans and other minorities their constitutional right to
vote. For example, the act outlawed the use of literacy or history
tests that voters had to pass before registering to vote or casting
their ballot.
The act specifically prohibits States from imposing any ``voting
qualification or prerequisite to voting, or standard, practice, or
procedure . . . to deny or abridge the right of any citizen of the
United States to vote on account of race or color.'' Congress
overwhelmingly reauthorized the Act in 2006, which was signed into law
by President George W. Bush. Congress is now working on legislation to
revitalize the VRA after recent Supreme Court decisions curtailed its
reach.
In 2014, I am concerned that there are still several areas where the
legacy of Jim Crow laws and State disenfranchisement statutes lead to
unfairness in Federal elections. First, State laws governing the
restoration of voting rights vary widely throughout the country, such
that persons in some States can easily regain their voting rights,
while in other States persons effectively lose their right to vote
permanently. Second, these State disenfranchisement laws have a
disproportionate impact on racial and ethnic minorities. Third, this
patchwork of State laws results in the lack of a uniform standard for
eligibility to vote in Federal elections, and leads to an unfair
disparity and unequal participation in Federal elections based solely
on where an individual lives. Finally, studies indicate that former
prisoners who have voting rights restored are less likely to reoffend,
and disenfranchisement hinders their rehabilitation and reintegration
into their community.
In 35 States, convicted individuals may not vote while they are on
parole. In 11 States, a conviction can result in lifetime
disenfranchisement. Several States require prisoners to seek
discretionary pardons from Governors, or action by the parole or pardon
board, in order to regain their right to vote. Several States deny the
right to vote to individuals convicted of certain misdemeanors. States
are slowly moving or repeal or loosen many of these barriers to voting
for ex-prisoners.
An estimated 5,850,000 citizens of the United States, or about 1 in
40 adults in the United States, currently cannot vote as a result of a
felony conviction. Of the 5,850,000 citizens barred from voting, only
25 percent are in prison. By contrast, 75 percent of the
disenfranchised reside in their communities while on probation or
parole after having completed their sentences. Approximately 2,600,000
citizens who have completed their sentences remain disenfranchised due
to restrictive State laws. In six States: Alabama, Florida, Kentucky,
Mississippi, Tennessee, and Virginia--more than 7 percent of the total
population is disenfranchised.
Studies show that a growing number of African-American men, for
example, will be disenfranchised at some point in their life, partly
due to mandatory minimum sentencing laws that have a disproportionate
impact on minorities.
Eight percent of the African-American population, or 2 million
African-Americans, are disenfranchised. Given current rates of
incarceration, approximately 1 in 3 of the next generation of African-
American men will be disenfranchised at some point during their
lifetime. Currently, 1 of every 13 African-Americans are rendered
unable to vote because of felony disenfranchisement, which is a rate 4
times greater than non African-Americans. Nearly 8 percent of African-
Americans are disenfranchised, compared to less than 2 percent of non-
African-Americans. In 3 states more than 1 in 5 African-Americans are
unable to vote because of prior convictions: the rates are Florida at
23 percent, Kentucky at 22 percent, and Virginia at 20 percent.
Latino citizens are disproportionately disenfranchised based on their
disproportionate representation in the criminal justice system. If
current incarceration trends hold, 17 percent of Latino men will be
incarcerated during their lifetime, in contrast to less than 6 percent
of non-Latino white men. When analyzing the data across 10 States,
Latinos generally have disproportionately higher rates of
disenfranchisement compared to their presence in the voting age
population. In 6 out of 10 States studies in 2003, Latinos constitute
more than 10 percent of the total number of persons disenfranchised by
State felony laws. In 4 States, California, 37 percent; New York, 34
percent; Texas, 30 percent; and Arizona, 27 percent, Latinos were
disenfranchised by a rate of more than 25 percent. Native Americans are
also disproportionately disenfranchised.
Congress has addressed part of this problem by enacting the Fair
Sentencing Act to partially reduce the sentencing disparity between
crack cocaine and powder cocaine convictions. Congress is now
considering legislation
[[Page S2382]]
that would more broadly revise mandatory sentencing procedures and
create a fairer system of sentencing. While I welcome these steps, I
believe that Congress should take stronger action now to remedy this
particular problem.
The legislation would restore voting rights to prisoners after their
release from incarceration. It requires that prisons receiving Federal
funds notify people about their right to vote in Federal elections when
they are leaving prison, sentenced to probation, or convicted of a
misdemeanor. The bill authorizes the Department of Justice and
individuals harmed by violation of this act to sue to enforce its
provisions. The bill generally provides State election officials with a
grace period to resolve voter eligibility complaints without a lawsuit
before an election.
The legislation is narrowly crafted to apply to Federal elections,
and retains the States' authorities to generally establish voting
qualifications. This legislation is therefore consistent with
Congressional authority under the Constitution and voting rights
statutes, as interpreted by the U.S. Supreme Court.
I am pleased that this legislation has been endorsed by a large
coalition of public interest organizations, including: civil rights and
reform organizations; religious and faith-based organizations; and law
enforcement and criminal justice organizations. In particular I want to
thank the Brennan Center for Justice, the ACLU, the Leadership
Conference on Civil and Human Rights, and the NAACP for their work on
this legislation.
This legislation is ultimately designed to reduce recidivism rates
and help reintegrate ex-prisoners back into society. When prisoners are
released, they are expected to obey the law, get a job, and pay taxes
as they are rehabilitated and reintegrated into their community. With
these responsibilities and obligations of citizenship should also come
the rights of citizenship, including the right to vote.
In 2008, President George W. Bush signed the Second Chance Act into
law, after overwhelming approval and strong bipartisan support in
Congress. The legislation expanded the Prison Re-Entry Initiative, by
providing job training, placement services, transitional housing, drug
treatment, medical care, and faith-based mentoring. At the signing
ceremony, President Bush said: ``We believe that even those who have
struggled with a dark past can find brighter days ahead. One way we act
on that belief is by helping former prisoners who have paid for their
crimes. We help them build new lives as productive members of our
society.''
The Democracy Restoration Act is fully consistent with the goals of
the Second Chance Act, as Congress and the States seek to reduce
recidivism rates, strengthen the quality of life in our communities and
make them safer, and reduce the burden on taxpayers.
More recently, in a February 2014 speech, Attorney General Eric
Holder called on elected officials to reexamine disenfranchisement
statutes and enact reforms to restore voting rights.
I therefore urge Congress to address the issue of disenfranchisement
and support this legislation.
______
By Mrs. MURRAY:
S. 2243. A bill to expand eligibility for the program of
comprehensive assistance for family caregivers of the Department of
Veterans Affairs, to expand benefits available to participants under
such program, to enhance special compensation for members of the
uniformed services who require assistance in everyday life, and for
other purposes; to the Committee on Veterans' Affairs.
Mrs. MURRAY. Mr. President, I come to the floor today to introduce
the Military and Veteran Caregiver Services Improvement Act. This is a
bill that will make critical improvements to how we support our ill and
injured veterans and their caregivers.
I am especially pleased to be joined this morning by our former
colleague Senator Elizabeth Dole, who has come to the floor today and
who has been such a tremendous and invaluable person in working to
bring these caregiver issues to national attention. I really appreciate
her being here and being such a champion on this, and a leader. She has
brought people from all over the country together to make a difference
for our caregivers and for our veterans.
We also have many of the very caregivers this bill is designed to
help--representing, by the way, almost every State--in the gallery
today to see this legislation introduced. I am very proud they are
here. It is incredibly important that they are here today and on
Capitol Hill because, as the Presiding Officer knows, our caregivers
work extremely hard without any recognition, and they rarely ask for
anything for themselves. In fact, most of the caregivers I have met
sound much like the veterans and servicemembers they care for when they
say: Oh, this isn't about me; I am just doing my part.
So last week, when RAND released their comprehensive, groundbreaking
study on military caregivers, they chose a very appropriate title:
``Hidden Heroes.'' That is why it is so important to have all of those
caregivers here today and working constantly to make sure we all
understand what they do.
I am very proud to be introducing this bill not only as a Senator and
a senior member of the Veterans' Affairs Committee and someone who has
fought so hard for the implementation of the VA caregivers program,
but, as many of my colleagues know, for me, this is really a deeply
personal issue.
Growing up, I saw firsthand the many ways military service can affect
both veterans and their families. My father served in World War II. He
was among the first soldiers to land in Okinawa. He came home as a
disabled veteran and was awarded the Purple Heart.
Later in life he was diagnosed with multiple sclerosis. Eventually he
became too sick to work at the little five-and-dime store he managed,
and my mom became his caregiver. This was no small burden for my mom,
who had to raise seven children, care for my dad, and was now all of a
sudden the primary source of income for our family.
Today, after more than a decade of two wars, men and women in
uniform, as did my father, have done everything that has been asked of
them and so much more. But now, as our role in this conflict winds
down, the support we provide cannot end when the war no longer leads
the nightly news broadcasts and disappears from the front pages of our
newspapers. It is an enduring commitment for those who will first need
help now or those who will need help later in their lives. It is a
lifetime of care for so many.
In so many cases, the responsibility for providing that care often
falls on the loved ones of severely injured veterans. Their courage and
their devotion in taking on these responsibilities is inspiring for all
of us. They are the reason we created the VA caregivers program, which
now provides these family members with health care and counseling and
training and respite and a living stipend.
I was proud to lead congressional efforts to push the VA to stop
delaying the implementation of the caregivers program and restore the
eligibility criteria to the intent of the law. Thankfully, as we know,
in the end the White House and the VA announced they would allow more
caregivers of more veterans to be eligible for benefits and finally got
the program implemented. But there is a lot more we can do because, as
the RAND study clearly shows us, caregivers are still struggling.
Military caregivers have significantly worse health than noncaregivers,
and they are at higher risk for depression. The stress they live under
jeopardizes their relationships and puts them at greater risk of
divorce, and they have trouble with employment and keeping health
insurance. There is no way we will sit by and let caregivers and
veterans face this on their own--not when we can make it a little bit
easier.
The bill we are introducing this morning, the Military and Veterans
Caregivers and Services Improvement Act, makes some broad changes to
help give caregivers and veterans the tools they need to help tackle
what they face. I wish to take a moment on the floor today to highlight
just a few of the important provisions contained in this bill.
First and foremost, this bill will make veterans of all eras eligible
for the full range of caregiver support services. We took an important
first step in creating the post-9/11 veterans caregivers program. Now
that the VA has had some time to get this program
[[Page S2383]]
working, it is time for us to get services to our older veterans who
are also in great need.
The bill also expands eligibility for the VA caregivers program by
recognizing a wider array of needs which may require caregiving,
placing greater emphasis on mental health injuries and removing
restrictions on who is eligible to become a caregiver.
Under the bill, caregiver services will also be expanded to include
childcare, financial advice, and legal counseling. Those are some of
the top and currently unmet needs of family caregivers.
The bill will also require the Federal Government to meet the unique
needs of employees who are caregivers with flexible work arrangements
so they can stay employed while caring for their veteran. I, of course,
want to see all employers make these kinds of accommodations for
caregivers, but I want the Federal Government to lead by example.
When it comes to the Department of Defense, the bill makes several
improvements to the special compensation for assistance with activities
of daily living--first, by making those benefits tax exempt, and
second, eligibility for special compensation would also be set at a
more appropriate level of disability and would be more inclusive of
mental health injuries and TBI.
The Military and Veteran Caregiver Services Improvement Act also
addresses a key theme identified by RAND. There are many services
inside the government and outside to assist caregivers, but these
programs are not coordinated. Eligibility criteria are different for
each one of them, and there is not enough oversight to ensure the
quality of those services. So what our bill does is create a national
interagency working group on caregiver services. It will coordinate
caregiver policy among all the different departments and create
standards of care and oversight tools to make sure our veterans and
their caregivers receive high-quality services.
The last provision I wish to highlight is intended to help a military
spouse who may be required to become the primary source of income for
the family after the servicemember has been injured, just as my mom
was. In order to help that spouse get the job they need to support the
family, this bill will allow the injured servicemember or veteran to
transfer their post-9/11 GI bill benefits to their dependents by
exempting them from the length of service requirements that would
currently prevent them from transferring those benefits. Injured
veterans should not be penalized because their injury occurred early in
their service.
This provision is extremely important because for 2013 the
unemployment rate for people with bachelor's degrees was only 4
percent--about one-third lower than the national average--and their
median weekly earnings were 34 percent higher than the national
average. Meanwhile, the RAND study found that 62 percent of post-9/11
caregivers reported financial strain because of their caregiving.
I know this is important because I saw it in my family. For my
family, the additional education my mom obtained got her a better job
so she could support her family while she was caring for my dad. It is
what made the difference.
I want to again thank some key people who have been true leaders to
get this to this point.
I again want to thank Senator Dole and her great staff at the
Elizabeth Dole Foundation for keeping our country focused on the needs
of our military and veteran caregivers and for bringing such national
momentum to make the changes we need.
I also want to thank the Wounded Warrior Project, which was a driving
force in creating the very first VA caregivers program. They have
provided invaluable advice in developing the bill I am introducing
today.
Finally, I really want to thank the outstanding folks at the RAND
Corporation. They have put together a truly groundbreaking study that
takes stock of where care and benefits have fallen short, where new
needs are emerging, and how we can make it easier for veterans to get
the care and benefits they deserve.
There are many ways for the whole country--government, nonprofits,
businesses, community leaders, faith leaders--to do more to help. For
all of us in Congress, that starts with passing this legislation to
help our hidden heroes--our military and veteran caregivers.
I again want to thank all of our tremendous caregivers in this
country for their service, for not asking for help, as they should. We
are the ones who need to ask for help for them and to be there to
provide it.
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. 2243
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 ``Military and Veteran
Caregiver Services Improvement Act of 2014''.
SEC. 2. EXPANSION OF ELIGIBILITY FOR PARTICIPATION IN AND
SERVICES PROVIDED UNDER FAMILY CAREGIVER
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Family Caregiver Program.--
(1) Expansion of eligibility.--Subsection (a)(2)(B) of
section 1720G of title 38, United States Code, is amended by
striking ``on or after September 11, 2001''.
(2) Clarification of eligibility for illness.--Such
subsection is further amended by inserting ``or illness''
after ``serious injury''.
(3) Expansion of needed services in eligibility criteria.--
Subsection (a)(2)(C) of such section is amended--
(A) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new clause
(iii):
``(iii) a need for regular or extensive instruction or
supervision in completing two or more instrumental activities
of daily living; or''.
(4) Expansion of services provided.--Subsection
(a)(3)(A)(ii) of such section is amended--
(A) in subclause (IV), by striking ``; and'' and inserting
a semicolon;
(B) in subclause (V), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new subclauses:
``(VI) child care services or a monthly stipend for such
services if such services are not readily available from the
Department;
``(VII) financial planning services relating to the needs
of injured and ill veterans and their caregivers; and
``(VIII) legal services, including legal advice and
consultation, relating to the needs of injured and ill
veterans and their caregivers.''.
(5) Expansion of respite care provided.--Subsection
(a)(3)(B) of such section is amended by striking ``shall be''
and all that follows through the period at the end and
inserting ``shall--
``(i) be medically and age-appropriate;
``(ii) include in-home care; and
``(iii) include peer-oriented group activities.''.
(6) Modification of stipend calculation.--Subsection
(a)(3)(C) of such section is amended--
(A) by redesignating clause (iii) as clause (iv); and
(B) by inserting after clause (ii) the following new clause
(iii):
``(iii) In determining the amount and degree of personal
services provided under clause (i) with respect to an
eligible veteran whose need for personal care services is
based in whole or in part on a need for supervision or
protection under paragraph (2)(C)(ii) or regular instruction
or supervision in completing tasks under paragraph
(2)(C)(iii), the Secretary shall take into account the
following:
``(I) The assessment by the family caregiver of the needs
and limitations of the veteran.
``(II) The extent to which the veteran can function safely
and independently in the absence of such supervision,
protection, or instruction.
``(III) The amount of time required for the family
caregiver to provide such supervision, protection, or
instruction to the veteran.''.
(7) Periodic evaluation of need for certain services.--
Subsection (a)(3) of such section is amended by adding at the
end the following new subparagraph:
``(D) In providing instruction, preparation, and training
under subparagraph (A)(i)(I) and technical support under
subparagraph (A)(i)(II) to each family caregiver who is
approved as a provider of personal care services for an
eligible veteran under paragraph (6), the Secretary shall
periodically evaluate the needs of the eligible veteran and
the skills of the family caregiver of such veteran to
determine if additional instruction, preparation, training,
or technical support under those subparagraphs is
necessary.''.
(b) Repeal of General Caregiver Support Program.--Such
section is amended by striking subsection (b).
(c) Provision of Assistance to Caregivers of Certain
Veterans.--Such section is further amended by inserting after
subsection (a) the following new subsection (b):
[[Page S2384]]
``(b) Provision of Assistance to Caregivers of Certain
Veterans.--(1) In providing assistance under subsection (a)
to family caregivers of eligible veterans who were discharged
from the Armed Forces before September 11, 2001, the
Secretary may enter into memoranda of understanding with
agencies, States, and other entities to provide such
assistance to such veterans.
``(2) The Secretary may provide assistance under this
subsection only if such assistance is reasonably accessible
to the veteran and is substantially equivalent or better in
quality to similar services provided by the Department.
``(3) The Secretary may provide fair compensation to
entities that provide assistance under this subsection
pursuant to memoranda of understanding entered into under
paragraph (1).
``(4) In carrying out this subsection, the Secretary shall
work with the interagency working group on policies relating
to caregivers of veterans and members of the Armed Forces
established under section 7 of the Military and Veteran
Caregiver Services Improvement Act of 2014.''.
(d) Modification of Definition of Family Member.--
Subparagraph (B) of subsection (d)(3) of such section is
amended to read as follows:
``(B) is not a member of the family of the veteran and does
not provide care to the veteran on a professional basis.''.
(e) Modification of Definition of Personal Care Services.--
Subsection (d)(4) of such section is amended--
(1) in subparagraph (A), by striking ``independent'';
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Supervision or protection based on symptoms or
residuals of neurological or other impairment or injury.
``(C) Regular or extensive instruction or supervision in
completing two or more instrumental activities of daily
living.''.
(f) Annual Evaluation Report.--
(1) In general.--Paragraph (2) of section 101(c) of the
Caregivers and Veterans Omnibus Health Services Act of 2010
(Public Law 111-163; 38 U.S.C. 1720G note) is amended to read
as follows:
``(2) Contents.--Each report required by paragraph (1)
after the date of the enactment of the Military and Veteran
Caregiver Services Improvement Act of 2014 shall include the
following with respect to the program of comprehensive
assistance for family caregivers required by subsection
(a)(1) of such section 1720G:
``(A) The number of family caregivers that received
assistance under such program.
``(B) The cost to the Department of providing assistance
under such program.
``(C) A description of the outcomes achieved by, and any
measurable benefits of, carrying out such program.
``(D) An assessment of the effectiveness and the efficiency
of the implementation of such program, including a
description of any barriers to accessing and receiving care
and services under such program.
``(E) A description of the outreach activities carried out
by the Secretary under such program.
``(F) An assessment of the manner in which resources are
expended by the Secretary under such program, particularly
with respect to the provision of monthly personal caregiver
stipends under subsection (a)(3)(A)(ii)(V) of such section
1720G.
``(G) An evaluation of the sufficiency and consistency of
the training provided to family caregivers under such program
in preparing family caregivers to provide care to veterans
under such program.
``(H) Such recommendations, including recommendations for
legislative or administrative action, as the Secretary
considers appropriate in light of carrying out such
program.''.
(g) Conforming Amendments.--
(1) Eligible veteran.--Subsection (a)(2) of such section is
amended, in the matter preceding subparagraph (A), by
striking ``subsection'' and inserting ``section''.
(2) Definitions.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by striking ``under subsection (a) or
a covered veteran under subsection (b)'';
(B) in paragraph (2), by striking ``under subsection (a)'';
(C) in paragraph (3), by striking ``under subsection (a)'';
and
(D) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``under subsection (a) or a covered veteran
under subsection (b)''; and
(3) Counseling, training, and mental health services.--
Section 1782(c)(2) of title 38, United States Code, is
amended by striking ``or a caregiver of a covered veteran''.
SEC. 3. AUTHORITY TO TRANSFER ENTITLEMENT TO POST-9/11
EDUCATION ASSISTANCE TO FAMILY MEMBERS BY
SERIOUSLY INJURED VETERANS IN NEED OF PERSONAL
CARE SERVICES.
(a) In General.--Subchapter II of chapter 33 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3319A. Authority to transfer unused education benefits
to family members by seriously injured veterans
``(a) In General.--Subject to the provisions of this
section, the Secretary may permit an individual described in
subsection (b) who is entitled to educational assistance
under this chapter to elect to transfer to one or more of the
dependents specified in subsection (c) a portion of such
individual's entitlement to such assistance, subject to the
limitation under subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any individual who--
``(1) retired for physical disability under chapter 61 of
title 10; or
``(2) is described in paragraph (2) of section 1720G(a) of
this title and who is participating in the program
established under paragraph (1) of such section.
``(c) Eligible Dependents.--An individual approved to
transfer an entitlement to educational assistance under this
section may transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--(1) The total
number of months of entitlement transferred by a individual
under this section may not exceed 36 months.
``(2) The Secretary may prescribe regulations that would
limit the months of entitlement that may be transferred under
this section to no less than 18 months.
``(e) Designation of Transferee.--An individual
transferring an entitlement to educational assistance under
this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Transfer of entitlement to educational assistance under this
section shall be subject to the time limitation for use of
entitlement under section 3321 of this title.
``(2)(A) An individual transferring entitlement under this
section may modify or revoke at any time the transfer of any
unused portion of the entitlement so transferred.
``(B) The modification or revocation of the transfer of
entitlement under this paragraph shall be made by the
submittal of written notice of the action to the Secretary.
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital
estate, subject to division in a divorce or other civil
proceeding.
``(g) Commencement of Use.--A dependent child to whom
entitlement to educational assistance is transferred under
this section may not commence the use of the transferred
entitlement until either--
``(1) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(2) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of
any entitlement to educational assistance transferred under
this section shall be charged against the entitlement of the
individual making the transfer at the rate of one month for
each month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and
subject to paragraphs (5) and (6), a dependent to whom
entitlement is transferred under this section is entitled to
educational assistance under this chapter in the same manner
as the individual from whom the entitlement was transferred.
``(3) The monthly rate of educational assistance payable to
a dependent to whom entitlement referred to in paragraph (2)
is transferred under this section shall be payable at the
same rate as such entitlement would otherwise be payable
under this chapter to the individual making the transfer.
``(4) The death of an individual transferring an
entitlement under this section shall not affect the use of
the entitlement by the dependent to whom the entitlement is
transferred.
``(5)(A) A child to whom entitlement is transferred under
this section may use the benefits transferred without regard
to the 15-year delimiting date specified in section 3321 of
this title, but may not, except as provided in subparagraph
(B), use any benefits so transferred after attaining the age
of 26 years.
``(B)(i) Subject to clause (ii), in the case of a child
who, before attaining the age of 26 years, is prevented from
pursuing a chosen program of education by reason of acting as
the primary provider of personal care services for a veteran
or member of the Armed Forces under section 1720G(a) of this
title, the child may use the benefits beginning on the date
specified in clause (iii) for a period whose length is
specified in clause (iv).
``(ii) Clause (i) shall not apply with respect to the
period of an individual as a primary provider of personal
care services if the period concludes with the revocation of
the individual's designation as such a primary provider under
section 1720G(a)(7)(D) of this title.
``(iii) The date specified in this clause for the beginning
of the use of benefits by a child under clause (i) is the
later of--
``(I) the date on which the child ceases acting as the
primary provider of personal care services for the veteran or
member concerned as described in clause (i);
[[Page S2385]]
``(II) the date on which it is reasonably feasible, as
determined under regulations prescribed by the Secretary, for
the child to initiate or resume the use of benefits; or
``(III) the date on which the child attains the age of 26
years.
``(iv) The length of the period specified in this clause
for the use of benefits by a child under clause (i) is the
length equal to the length of the period that--
``(I) begins on the date on which the child begins acting
as the primary provider of personal care services for the
veteran or member concerned as described in clause (i); and
``(II) ends on the later of--
``(aa) the date on which the child ceases acting as the
primary provider of personal care services for the veteran or
member as described in clause (i); or
``(bb) the date on which it is reasonably feasible, as so
determined, for the child to initiate or resume the use of
benefits.
``(6) The purposes for which a dependent to whom
entitlement is transferred under this section may use such
entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(7) The administrative provisions of this chapter shall
apply to the use of entitlement transferred under this
section, except that the dependent to whom the entitlement is
transferred shall be treated as the eligible individual for
purposes of such provisions.
``(i) Overpayment.--(1) In the event of an overpayment of
educational assistance with respect to a dependent to whom
entitlement is transferred under this section, the dependent
and the individual making the transfer shall be jointly and
severally liable to the United States for the amount of the
overpayment for purposes of section 3685 of this title.
``(2)(A) Except as provided in subparagraph (B), if an
individual transferring entitlement under this section fails
to complete the service agreed to by the individual under
subsection (b)(1) in accordance with the terms of the
agreement of the individual under that subsection, the amount
of any transferred entitlement under this section that is
used by a dependent of the individual as of the date of such
failure shall be treated as an overpayment of educational
assistance under paragraph (1).
``(B) Subparagraph (A) shall not apply in the case of an
individual who fails to complete service agreed to by the
individual--
``(i) by reason of the death of the individual; or
``(ii) for a reason referred to in section 3311(c)(4) of
this title.
``(j) Regulations.--(1) The Secretary shall prescribe
regulations to carry out this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).''.
(b) Conforming Amendments.--
(1) Transfers by members of armed forces.--The heading of
section 3319 of such title is amended by inserting ``by
members of the Armed Forces'' after ``family members''.
(2) Bar to duplication of educational assistance
benefits.--Section 3322(e) of such title is amended by
inserting ``or 3319A'' after ``and 3319''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of such title is amended by striking
the item relating to section 3319 and inserting the following
new items:
``3319. Authority to transfer unused education benefits to family
members by members of the Armed Forces.
``3319A. Authority to transfer unused education benefits to family
members by seriously injured veterans.''.
SEC. 4. ENHANCEMENT OF SPECIAL COMPENSATION FOR MEMBERS OF
THE UNIFORMED SERVICES WITH INJURIES OR
ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY
LIVING.
(a) Expansion of Covered Members.--Subsection (b) of
section 439 of title 37, United States Code, is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following new paragraphs:
``(1) has a serious injury or illness that was incurred or
aggravated in the line of duty;
``(2) is in need of personal care services (including
supervision or protection or regular instruction or
supervision) as a result of such injury or illness; and'';
and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Nontaxability of Special Compensation.--Such section is
further amended--
(1) by redesignating subsections (e), (f), (g), and (h) as
subsections (g), (h), (i) and (j), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Nontaxability of Compensation.--Monthly special
compensation paid under subsection (a) shall not be included
in income for purposes of the Internal Revenue Code of
1986.''.
(c) Provision of Assistance to Family Caregivers.--Such
section is further amended by inserting after subsection (e),
as amended by subsection (b) of this section, the following
new subsection (f):
``(f) Assistance for Family Caregivers.--(1) The Secretary
of Veterans Affairs shall provide family caregivers of a
member in receipt of monthly special compensation under
subsection (a) the assistance required to be provided to
family caregivers of eligible veterans under section
1720G(a)(3)(A) of title 38 (other than the monthly personal
caregiver stipend provided for in clause (ii)(V) of such
section). For purposes of the provision of such assistance
under this subsection, the definitions in section 1720G(d) of
title 38 shall apply, except that any reference in such
definitions to a veteran or eligible veteran shall be deemed
to be a reference to the member concerned.
``(2) The Secretary of Veterans Affairs shall provide
assistance under this subsection--
``(A) in accordance with a memorandum of understanding
entered into by the Secretary of Veterans Affairs and the
Secretary of Defense; and
``(B) in accordance with a memorandum of understanding
entered into by the Secretary of Veterans Affairs and the
Secretary of Homeland Security (with respect to members of
the Coast Guard).''.
(d) Expansion of Covered Injuries and Illnesses.--
Subsection (i) of such section, as redesignated by subsection
(b)(1) of this section, is amended to read as follows:
``(i) Serious Injury or Illness Defined.--In this section,
the term `serious injury or illness' means an injury,
disorder, or illness (including traumatic brain injury,
psychological trauma, or other mental disorder) that--
``(1) renders the afflicted person unable to carry out one
or more activities of daily living;
``(2) renders the afflicted person in need of supervision
or protection due to the manifestation by such person of
symptoms or residuals of neurological or other impairment or
injury;
``(3) renders the afflicted person in need of regular or
extensive instruction or supervision in completing two or
more instrumental activities of daily living; or
``(4) otherwise impairs the afflicted person in such manner
as the Secretary of Defense (or the Secretary of Homeland
Security, with respect to the Coast Guard) prescribes for
purposes of this section.''.
(e) Clerical Amendments.--
(1) Heading amendment.--The heading for such section is
amended to read as follows:
``Sec. 439. Special compensation: members of the uniformed
services with serious injuries or illnesses requiring
assistance in everyday living''.
(2) Table of sections amendment.--The table of sections at
the beginning of chapter 7 of such title is amended by
striking the item relating to section 439 and inserting the
following new item:
``439. Special compensation: members of the uniformed services with
serious injuries or illnesses requiring assistance in
everyday living.''.
SEC. 5. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN FEDERAL
EMPLOYEES.
(a) Definition of Covered Employee.--In this section, the
term ``covered employee'' means an employee (as defined in
section 2105 of title 5, United States Code) who--
(1) is a caregiver, as defined in section 1720G of title
38, United States Code; or
(2) is a caregiver of an individual who receives
compensation under section 439 of title 37, United States
Code.
(b) Authority to Allow Flexible Work Arrangements.--The
Director of the Office of Personnel Management may promulgate
regulations under which a covered employee may--
(1) use a flexible schedule or compressed schedule in
accordance with subchapter II of chapter 61 of title 5,
United States Code; or
(2) telework in accordance with chapter 65 of title 5,
United States Code.
SEC. 6. LIFESPAN RESPITE CARE.
(a) Definitions.--Section 2901 of the Public Health Service
Act (42 U.S.C. 300ii) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and realigning the
margins accordingly;
(B) by striking ``who requires care or supervision to--''
and inserting ``who--
``(A) requires care or supervision to--'';
(C) by striking the period and inserting ``; or''; and
(D) by adding at the end the following:
``(B) is a veteran participating in the program of
comprehensive assistance for family caregivers under section
1720G of title 38, United States Code.''; and
(2) in paragraph (5), by striking ``or another unpaid
adult,'' and inserting ``another unpaid adult, or a family
caregiver as defined in section 1720G of title 38, United
States Code, who receives compensation under such section,''.
(b) Grants and Cooperative Agreements.--Section 2902(c) of
the Public Health Service Act (42 U.S.C. 300ii-1(c)) is
amended by inserting ``and the interagency working group on
policies relating to caregivers of veterans established under
section 7 of the Military and Veteran Caregiver Services
Improvement Act of 2014'' after ``Human Services''.
(c) Authorization of Appropriations.--Section 2905 of the
Public Health Service Act (42 U.S.C. 300ii-4) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period and inserting
``; and''; and
[[Page S2386]]
(3) by adding at the end the following:
``(6) $15,000,000 for each of fiscal years 2015 through
2019.''.
SEC. 7. INTERAGENCY WORKING GROUP ON CAREGIVER POLICY.
(a) Establishment.--There shall be established in the
executive branch an interagency working group on policies
relating to caregivers of veterans and members of the Armed
Forces (in this section referred to as the ``working
group'').
(b) Composition.--
(1) In general.--The working group shall be composed of the
following:
(A) A chair selected by the President.
(B) A representative from each of the following agencies or
organizations selected by the head of such agency or
organization:
(i) The Department of Veterans Affairs.
(ii) The Department of Defense.
(iii) The Department of Health and Human Services.
(iv) The Department of Labor.
(v) The Centers for Medicare and Medicaid Services.
(2) Advisors.--The chair may select any of the following
individuals that the chair considers appropriate to advise
the working group in carrying out the duties of the working
group:
(A) Academic experts in fields relating to caregivers.
(B) Clinicians.
(C) Caregivers.
(D) Individuals in receipt of caregiver services.
(c) Duties.--The duties of the working group are as
follows:
(1) To regularly review policies relating to caregivers of
veterans and members of the Armed Forces.
(2) To coordinate and oversee the implementation of
policies relating to caregivers of veterans and members of
the Armed Forces.
(3) To evaluate the effectiveness of policies relating to
caregivers of veterans and members of the Armed Forces,
including programs in each relevant agency, by developing and
applying specific goals and performance measures.
(4) To develop standards of care for caregiver services and
respite care services provided to a caregiver, veteran, or
member of the Armed Forces by a non-profit or private sector
entity.
(5) To ensure the availability of mechanisms for agencies,
and entities affiliated with or providing services on behalf
of agencies, to enforce the standards described in paragraph
(4) and conduct oversight on the implementation of such
standards.
(6) To develop recommendations for legislative or
administrative action to enhance the provision of services to
caregivers, veterans, and members of the Armed Forces,
including eliminating gaps in such services and eliminating
disparities in eligibility for such services.
(7) To coordinate with State and local agencies and
relevant non-profit organizations on maximizing the use and
effectiveness of resources for caregivers of veterans and
members of the Armed Forces.
(d) Reports.--
(1) In general.--Not later than December 31, 2014, and
annually thereafter, the chair of the working group shall
submit to Congress a report on policies and services relating
to caregivers of veterans and members of the Armed Forces.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of the policies relating to caregivers of
veterans and members of the Armed Forces and services
provided pursuant to such policies as of the date of
submittal of such report.
(B) A description of any steps taken by the working group
to improve the coordination of services for caregivers of
veterans and members of the Armed Forces among the entities
specified in subsection (b)(1)(B) and eliminate barriers to
effective use of such services, including aligning
eligibility criteria.
(C) An evaluation of the performance of the entities
specified in subsection (b)(1)(B) in providing services for
caregivers of veterans and members of the Armed Forces.
(D) An evaluation of the quality and sufficiency of
services for caregivers of veterans and members of the Armed
Forces available from non-governmental organizations.
(E) A description of any gaps in care or services provided
by caregivers to veterans or members of the Armed Forces
identified by the working group, and steps taken by the
entities specified in subsection (b)(1)(B) to eliminate such
gaps or recommendations for legislative or administrative
action to address such gaps.
(F) Such other matters or recommendations as the chair
considers appropriate.
SEC. 8. STUDIES ON POST-SEPTEMBER 11, 2001, VETERANS AND
SERIOUSLY INJURED VETERANS.
(a) Longitudinal Study on Post-9/11 Veterans.--
(1) In general.--The Secretary of Veterans Affairs shall
provide for the conduct of a longitudinal study on members of
the Armed Forces who commenced service in the Armed Forces
after September 11, 2001.
(2) Grant or contract.--The Secretary shall award a grant
to, or enter into a contract with, an appropriate entity
unaffiliated with the Department of Veterans Affairs to
conduct the study required by paragraph (1).
(3) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a plan for the conduct of the study required
by paragraph (1).
(4) Reports.--Not later than October 1, 2019, and every
four years thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1) as of the date of such report.
(b) Comprehensive Study on Seriously Injured Veterans and
Their Caregivers.--
(1) In general.--The Secretary of Veterans Affairs shall
provide for the conduct of a comprehensive study on the
following:
(A) Veterans who have incurred a serious injury or illness,
including a mental health injury.
(B) Individuals who are acting as caregivers for veterans.
(2) Elements.--The comprehensive study required by
paragraph (1) shall include the following with respect to
each veteran included in such study:
(A) The health of the veteran and, if applicable, the
impact of the caregiver of such veteran on the health of such
veteran.
(B) The employment status of the veteran and, if
applicable, the impact of the caregiver of such veteran on
the employment status of such veteran.
(C) The financial status and needs of the veteran.
(D) The use by the veteran of benefits available to such
veteran from the Department of Veterans Affairs.
(E) Any other information that the Secretary considers
appropriate.
(3) Grant or contract.--The Secretary shall award a grant
to, or enter into a contract with, an appropriate entity
unaffiliated with the Department of Veterans Affairs to
conduct the study required by paragraph (1).
(4) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1).
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