[Congressional Record Volume 166, Number 213 (Wednesday, December 16, 2020)]
[House]
[Pages H7211-H7213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPARENCY AND EFFECTIVE ACCOUNTABILITY MEASURES FOR VETERAN
CAREGIVERS ACT
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
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 the family
caregiver program, and temporarily extend benefits for veterans who are
determined ineligible for the family caregiver program, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2216
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 ``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 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P.
Roe) each will control 20 minutes.
The Chair recognizes the gentleman from California.
[[Page H7212]]
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material on S. 2216.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 2216, Senator Peters' bill, the
TEAM Veteran Caregivers Act.
This legislation clarifies certain elements of VA's program of
comprehensive assistance for family caregivers and the general
caregiver program.
The bill formally recognizes a veteran's primary caregiver in the
veteran's medical record and requires standardization in letters
determining program eligibility.
Additionally, it extends the benefits of the comprehensive program
for 90 days after a veteran has been determined to no longer be
clinically eligible. This will allow the family caregivers, who have
likely forgone or minimized their own careers in order to care for
veterans, the means and necessary time to transition back to the
workforce without worrying about how to pay the bills. This is an
unnecessary stress on those who have already been through so much.
Mr. Speaker, I urge all Members to support S. 2216, and I reserve the
balance of my time.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself as much
time as I may consume.
Mr. Speaker, I rise today in support of S. 2216, the TEAM Veteran
Caregivers Act.
Just as our Nation's veterans are heroes, so are their caregivers.
When a servicemember or veteran is seriously injured in service to our
country, their family caregiver serves as an irreplaceable source of
support and care during recovery and beyond.
They are just as vital a part of the veteran's care team as the
veteran's doctors and nurses. They deserve respect, recognition, and
support for all the work they do for their veteran loved ones and the
personal sacrifices that work requires of them.
Since the Department of Veterans Affairs' family caregiver program
was created by Congress in 2012, caregiver support services--including
a monthly stipend, respite care, training, and healthcare, if needed--
have been offered to eligible caregivers of post-9/11 veterans.
We expanded the family caregiver program to include caregivers of
pre-9/11 veterans in the MISSION Act 2 years ago, and those caregivers
began receiving benefits through the program in October.
Mr. Speaker, I would be remiss if I didn't say the Dole Foundation
and Senator Dole had a great influence on this.
Along with expanding the family caregiver program to caregivers of
veterans of all eras, VA also made several programmatic changes, which
I hope will ensure the program works better for every single veteran
and caregiver in need of it. However, it may also result in some
caregivers who were formerly eligible for the program to no longer be
eligible for it because their veteran loved one had sufficiently
recovered as to no longer require the same level of caregiving
services.
To help individuals under those circumstances, this bill would
require the VA to notify veterans and caregivers of medical decisions
and determinations that may affect their eligibility for the family
caregiver program and to extend the caregiver benefits on a temporary
basis to those who are deemed ineligible for the program, ensuring that
they have time to adjust to life without the support it provides them.
It would also require VA to list the names of caregivers in veterans'
electronic health records to ease communication between providers and
caregivers.
Mr. Speaker, I am grateful to Senator Gary Peters from Michigan and
Senator Marsha Blackburn, my fellow Tennessean, for introducing this
bill, as well as Congressman Andy Biggs from Arizona for sponsoring
the House companion to it. I thank each of them for their leadership on
this issue and their commitment to caring for caregivers.
Mr. Speaker, I will be proudly supporting this bill today, and I urge
all of my colleagues to join me.
Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the
gentleman from Arizona (Mr. Biggs), my good friend, who is the House
sponsor of this legislation.
Mr. BIGGS. Mr. Speaker, I thank the gentleman for yielding. I thank
the ranking member for all of his work here on this bill and so many
others to benefit the lives of our veterans and their families. I
appreciate it very much.
I strongly support S. 2216, the TEAM Veteran Caregivers Act, and, as
the sponsor of H.R. 6571, the House companion of this legislation.
Family caregivers assume enormous responsibilities by caring for our
wounded veterans, including many who are among our most vulnerable.
I introduced this legislation because one of my constituents, Ms.
Sharon Grassi, came to us with her concerns related to the VA's family
caregiver program. Sharon is the mother and caregiver of her son Derek,
a 100-percent disabled veteran who served multiple tours in Iraq and
Afghanistan as a combat medic. Since Derek's departure from the
service, Sharon has dedicated her life to securing the well-being of
her son.
Sharon told our office countless stories of her struggles attempting
to gain access to her son's VA medical records, even something as
simple as a much-needed copy of an MRI.
As many caregivers know, having timely access to medical records is
extremely important to move forward in the recovery process of the
patient. Sharon has had issues getting access to these records because
the VA does not formally recognize family caregivers in the health
records of the veteran.
Today, we are one step closer to fixing this issue by requiring the
VA to report to Congress on the feasibility and the advisability of
recognizing family caregivers in the electronic health records of the
veteran.
I will continue to work with my House and Senate colleagues and the
VA to ensure that no family caregiver goes through the same
bureaucratic nightmares as Sharon has.
Mr. Speaker, I thank all the caregivers who support our wounded
veterans every day, the Elizabeth Dole Foundation, Disabled American
Veterans, Paralyzed Veterans of America, and all the veterans service
organizations that voiced their strong support for this legislation.
Mr. Speaker, I thank, again, my colleague from Tennessee, Dr. Roe,
for his service in Congress and his strong support of our Nation's
veterans. I will say I respect him. His leadership and expertise will
be missed in the Halls of this Congress.
Thank you, Dr. Roe.
Mr. Speaker, I urge all of my colleagues to vote ``yes''.
Mr. TAKANO. Mr. Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I have no further
speakers, and I am prepared to close.
Mr. Speaker, I want to take a couple of minutes of personal privilege
before I do close.
This will be the last couple of days I am here on the House floor,
and I would like to thank the constituents of the First Congressional
District of Tennessee who have supported me overwhelmingly for the past
12 years. I cannot thank you enough.
I have made so many great friends as I have traveled those 12
counties in rural east Tennessee, and I couldn't be prouder of them.
Certainly, my prayers are with them now during this COVID epidemic.
This was a year like no one ever expected, Mr. Speaker. I think we
will all look back years from now, and history will judge us on how we
did now.
I want to thank my family and friends that I have had. I would not be
here without them.
During this past 12 years, I have had, obviously, some personal
issues. My wife died of cancer during the 12 years I was here. I lost a
very dear personal friend not 6 weeks after that. My mother died a year
after that. And a year after that, I was diagnosed with cancer myself,
and I am a cancer survivor.
[[Page H7213]]
I want to thank the people in this body and in this House for the
personal support that they gave me and uplifted me, the Congressional
Prayer Breakfast, and just many friends, as Mr. Biggs talked about,
that would stop and speak to you and lift you up. I don't think people
see that.
I want to thank my staff. I have had an incredible staff since I have
been here. I am amazed at the insight and work that these young people
do on both sides of the aisle. It is just amazing. We would not get
this legislation completed. You see this big, thick binder right here.
It is these staff members that put this together, do the hard work, and
bring us together. And I can't thank them enough.
And my colleagues: I have met and made some amazing friends that will
last a lifetime here.
I remember, and I will pass this along, an old coach told me this
once. We were at a Boy Scout camp and I was a counselor there. One of
the scouts ran up and said: ``Coach, Coach, we have a problem down at
shower house number 2.''
And he said: ``What is it?''
The scout said: ``Well, the toilet is stopped up.''
And the coach, I will never forget this, he said: ``We don't have
problems here. We have opportunities.''
So, basically, we have had a lot of opportunities, I have, since I
have been here.
I have been able to serve on some committees, the Veterans' Affairs
Committee, which I have been a member since day one; the Education and
Labor Committee, which I had the privilege of serving as the chairman
of the Subcommittee on Health, Employment, Labor, and Pensions. I
served a term on the Agriculture Committee. I served on the Joint
Select Committee on Solvency of Multiemployer Pension Plans. I have co-
chaired the GOP Doctors Caucus for the past several terms.
{time} 1530
Mr. Speaker, I mean this sincerely. No one person does any of these
things. It does take a team effort. And that team effort, you heard it
today, you heard both sides of the aisle contribute to this piece of
legislation that we just passed by voice vote.
We were able to pass in a bipartisan way the MISSION Act, which will
fundamentally change--it is a very complex act that will fundamentally
change how veterans get their care and improve the quality of care for
our veterans.
The Forever GI Bill--Mr. Speaker, when I got out of the Army in 1975,
I was able to use the GI Bill, and I know it paid me $300 a month for 2
years. It sunsetted at 10 years. This Congress fully paid for that.
These young people now, these men and women who have served this
country, can use that benefit the rest of their lives and that benefit
can be transferred. It is an incredible help to families now with the
high cost of education.
We had an SGR, the sustainable growth rate repeal, and Medicare
reform, the Medicare wage index reform.
We passed the National Desert Storm and Desert Shield War Memorial
Act.
With Whip Hoyer, we passed an EpiPen bill so that they can be put it
schools around the country. And I can tell you, after that happened, in
my own district about 3 years ago, a student had an anaphylactic
reaction. She did not know she had a problem. And a life was saved
because of that.
I think if I did anything in Congress--and I want to thank Mr. Hoyer
for his help with that. We have another asthma bill that is getting hot
lined in the Senate, to show you can do bipartisan work across the
aisle.
That is just a few of the things that we were able to succeed and do.
These are, again, not done by any one person. They are done as a team.
And I want to thank everyone who helped make my time here in Congress
successful.
I can tell you, it is one of the great privileges of my life to serve
in the House of Representatives, in the greatest deliberative body in
the world, the United States Congress. It is an honor I will never
forget, Mr. Speaker.
I will finish by saying that I encourage my colleagues to support
this bill and, graciously, I yield back the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
I would just like to take a few moments to say even more words of
praise for my colleague, Dr. Phil Roe, my ranking member. We have
served on two committees coterminously: the Veterans' Affairs
Committee, which you chaired and which I now chair and which we have
been both ranking members; and the Education and Labor Committee.
It is sort of a fate of coincidence, but it has been an absolute
pleasure to be your colleague, sir. I wish you well in this next
chapter of your life.
I especially want to take note of the example you set by organizing
the congressional delegation trip to Afghanistan. I believe it was
either my first term or my second term in Congress. What an honor that
was to travel with you and a bipartisan delegation to serve turkey
dinner during Thanksgiving. I never forgot that lesson.
I vowed that if I ever became chairman of the committee, that we
would do the same thing, we would continue that tradition of serving
our troops who cannot be with their families during the holiday season.
That spirit of service carried into the work that you have done and I
have done together, with all the Members. We say it is a team effort.
It is a special part of the Congress that we have staff that interact
with each other, not primarily in an antagonistic mode. There are
differences, but we work them out and we work them out bicamerally.
I note that Mr. Towers is going to go work on the other side, and I
say that with all great affection. Some things will change, some things
will stay constant.
This behemoth, it is more than 300 pages of legislative text. That is
a testament to the spirit of wanting to do right.
I want to congratulate my own staff director, Ray Kelley, for that
amazing work of both he and Jon and their counterparts in the Senate.
This could not be the work of Phil Roe and myself alone. It was the
work of incredible leadership at the staff level.
I could go on and name every staff person. I have 28--29 staffers,
and they all have performed magnificently to produce, I think, this
incredible holiday gift to America's veterans and to America.
So Phil Roe, thank you for, together, this gift that our teams have
created for our country. Thank you for the gift you have been to our
country.
And my final word to you is, on your next chapter, Godspeed.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, S. 2216.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TAKANO. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
will be postponed.
____________________