[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[Senate]
[Pages S7044-S7045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      TEAM VETERAN CAREGIVERS ACT

  Mr. PORTMAN. Madam President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of Calendar No. 540, S. 
2216.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2216) to require the Secretary of Veterans 
     Affairs to formally recognize caregivers of veterans, notify 
     veterans and caregivers of clinical determinations relating 
     to eligibility for caregiver programs, and temporarily extend 
     benefits for veterans who are determined ineligible for the 
     family caregiver program, and for other purposes.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Transparency and Effective 
     Accountability Measures for Veteran Caregivers Act'' or the 
     ``TEAM Veteran Caregivers Act''.

     SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAMS 
                   OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) Official Designation of Caregivers.--
       (1) In general.--The Secretary of Veterans Affairs, when 
     determined feasible by the Secretary, shall formally 
     recognize all caregivers of veterans by identifying any 
     caregiver of a veteran in the electronic health record of the 
     veteran.
       (2) Inclusion.--Caregivers recognized under paragraph (1) 
     shall include--
       (A) any family caregiver who is approved as a provider of 
     personal care services for an eligible veteran under the 
     program of comprehensive assistance for family caregivers 
     under subsection (a) of section 1720G of title 38, United 
     States Code; and
       (B) any caregiver of a covered veteran participating in the 
     program of support services for caregivers under subsection 
     (b) of such section.
       (b) Standardized Letters Regarding Certain Determinations 
     Under Family Caregiver Program.--
       Section 1720G(a) of title 38, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(12)(A) The Secretary shall notify the individuals 
     described in subparagraph (B) regarding decisions affecting 
     the furnishing of assistance under this subsection using 
     standardized letters, as the Secretary determines such 
     notifications and letters to be appropriate.
       ``(B) The individuals described in this subparagraph shall 
     include--
       ``(i) an individual who submits an application for the 
     program required by paragraph (1);
       ``(ii) an individual determined by the Secretary to be an 
     eligible veteran pursuant to such an application; and
       ``(iii) a family caregiver of an eligible veteran who is--
       ``(I) approved as a provider of personal care services 
     under paragraph (6)(B); or
       ``(II) designated as a primary provider of personal care 
     services under paragraph (7)(A).''.
       (c) Temporary Extension of Benefits for Family Caregiver 
     Program.--Upon determining that a veteran who was receiving 
     services under the program of comprehensive assistance for 
     family caregivers under section 1720G(a) of title 38, United 
     States Code, is no longer clinically eligible for purposes of 
     such program, the Secretary shall extend benefits under such 
     program, including stipends under paragraph (3)(A)(ii)(V) of 
     such section, for a period of time determined by the 
     Secretary if such an extension is determined appropriate by 
     the Secretary.

  Mr. PORTMAN. I further ask that the committee-reported substitute 
amendment be withdrawn; that the Peters substitute amendment, which is 
at the desk, be considered and agreed to; that the bill, as amended, be 
considered read a third time and passed; that the committee-reported 
title amendment be considered and agreed to; and that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2688) in the nature of a substitute was agreed to 
as follows

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Transparency and Effective 
     Accountability Measures for Veteran Caregivers Act'' or the 
     ``TEAM Veteran Caregivers Act''.

     SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAMS 
                   OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) Formal Recognition of Caregivers.--
       (1) Report.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report regarding the feasibility and 
     advisability of formally recognizing all caregivers of 
     veterans by identifying any caregiver of a veteran in the 
     electronic health record of the veteran.
       (B) Caregivers recognized.--The recognition of caregivers 
     described in subparagraph (A) shall include recognition of --
       (i) any family caregiver who is approved as a provider of 
     personal care services for an eligible veteran under the 
     program of comprehensive assistance for family caregivers 
     under subsection (a) of section 1720G of title 38, United 
     States Code; and
       (ii) any caregiver of a covered veteran participating in 
     the program of general caregiver support services under 
     subsection (b) of such section.
       (C) Timeline.--If the Secretary determines that formally 
     recognizing all caregivers of veterans as described in 
     subparagraph (A) is feasible and advisable, the report 
     required by such subparagraph shall include a timeline for 
     implementing such recognition.
       (2) Implementation.--If the Secretary determines that 
     formally recognizing all caregivers of veterans as described 
     in paragraph (1)(A) is feasible and advisable, the Secretary 
     shall implement such recognition in accordance with the 
     timeline included in the report required by such paragraph.
       (b) Notifications, Extension of Benefits, and Discharge 
     From Family Caregiver Program.--Section 1720G(a) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraphs:
       ``(12)(A) The Secretary shall notify the individuals 
     described in subparagraph (C) regarding decisions affecting 
     the furnishing of assistance under this subsection using 
     standardized letters, as the Secretary determines such 
     notifications and letters to be appropriate.
       ``(B) A notification provided under subparagraph (A) shall 
     include the elements required for notices of decisions under 
     section 5104(b) of this title to the extent that those 
     elements apply to such notification, unless, not later than 
     60 days after the date of the enactment of the Transparency 
     and Effective Accountability Measures for Veteran Caregivers 
     Act, the Secretary determines that it would not be feasible 
     to include such elements in such notifications and submits to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report setting forth the reasons for such 
     determination.
       ``(C) The individuals described in this subparagraph shall 
     include--
       ``(i) an individual who submits an application for the 
     program established under paragraph (1);
       ``(ii) an individual determined by the Secretary to be an 
     eligible veteran pursuant to such an application; and
       ``(iii) a family caregiver of an eligible veteran who is--
       ``(I) approved as a provider of personal care services 
     under paragraph (6)(B); or
       ``(II) designated as a primary provider of personal care 
     services under paragraph (7)(A).
       ``(13)(A) If the Secretary determines that a veteran 
     receiving services under the program

[[Page S7045]]

     established under paragraph (1) is no longer eligible for 
     such program solely because of improvement in the condition 
     of the veteran--
       ``(i) the effective date of discharge of the veteran from 
     the program shall be not earlier than the date that is 60 
     days after the date on which the Secretary provides notice of 
     such lack of eligibility under paragraph (12)(A) to the 
     relevant individuals described in paragraph (12)(C); and
       ``(ii) the Secretary shall extend benefits under the 
     program established under paragraph (1) for a family 
     caregiver of the veteran described in paragraph (12)(C)(iii), 
     including stipends under paragraph (3)(A)(ii)(V), if such an 
     extension is determined appropriate by the Secretary, for a 
     90-day period following discharge of the veteran from the 
     program.
       ``(B) This paragraph shall not be construed to limit the 
     authority of the Secretary--
       ``(i) to prescribe regulations addressing other bases for--
       ``(I) the discharge of a veteran from the program 
     established under paragraph (1); or
       ``(II) the revocation of the designation of a family 
     caregiver of a veteran as a primary provider of personal care 
     services under paragraph (7)(A); or
       ``(ii) to provide advance notice and extended benefits 
     under the program, as appropriate, if another basis for 
     discharge of a veteran described in subclause (I) of clause 
     (i) or revocation of a designation described in subclause 
     (II) of such clause applies.''.
  The bill (S. 2216), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The committee-reported title amendment was agreed to as follows:

       Amend the title so as to read: ``A bill to require the 
     Secretary of Veterans Affairs to formally recognize 
     caregivers of veterans, notify veterans and caregivers of 
     clinical determinations relating to eligibility for the 
     family caregiver program, and temporarily extend benefits for 
     veterans who are determined ineligible for the family 
     caregiver program, and for other purposes.''.

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