[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4500-S4501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2218. Mr. TESTER (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle H of title X, add the following:

     SEC. 1095. LIMITATION ON MODIFICATION OF RATE OF PAYMENT OR 
                   REIMBURSEMENT FOR TRANSPORTATION OF VETERANS OR 
                   OTHER INDIVIDUALS VIA SPECIAL MODES OF 
                   TRANSPORTATION.

       (a) In General.--Except as provided in subsection (b), no 
     funds appropriated by this Act may be used to modify the rate 
     of payment or reimbursement for transportation of a veteran 
     or other individual via a special mode of transportation 
     under the laws administered by the Secretary of Veterans 
     Affairs as of January 1, 2024.
       (b) Exceptions.--
       (1) Increase of rate.--The Secretary may use funds 
     appropriated by this Act to modify the rate of payment or 
     reimbursement for transportation of a veteran or other 
     individual via a special mode of transportation under the 
     laws administered by the Secretary if such a change would 
     increase such rate of payment or reimbursement.
       (2) Decrease of rate.--
       (A) Review and development of process.--The Secretary may 
     use funds appropriated by this Act to decrease the rate of 
     payment or reimbursement for transportation of a veteran or 
     other individual via a special mode of transportation under 
     the laws administered by the Secretary if the following 
     requirements are met before the effective date of such 
     decrease:
       (i) The Secretary conducts a thorough review and analysis 
     of such decrease with respect to the following:

       (I) The economic impact of such decrease on the Department.
       (II) The economic impact of such decrease on the 
     appropriate industry associated with the special mode of 
     transportation or special modes of transportation in 
     question.
       (III) The impact of such decrease on access to care for 
     veterans.

       (ii) The Secretary develops a formal process for updating 
     such rate of payment or reimbursement that would protect or 
     expand the current level of access reviewed and analyzed 
     under clause (i)(III).
       (iii) The Secretary conducts the review and analysis under 
     clause (i) and develops the process under clause (ii) in 
     consultation with a committee comprised of representation 
     from the following:

       (I) Relevant industry experts.
       (II) The Centers for Medicare & Medicaid Services.
       (III) Appropriate subject matter experts of the Department 
     of Veterans Affairs in the areas of transportation, access to 
     care, integrated veteran care, rural veterans, native 
     veterans, and any other areas as determined appropriate by 
     the Secretary.
       (IV) Veterans service organizations.

       (iv) The Secretary confirms that the new rate reflects, at 
     a minimum, the actual costs of transportation.
       (B) Additional requirements before rate decrease.--If a 
     decrease permitted under subparagraph (A) to the rate of 
     payment or reimbursement for transportation of a veteran or 
     other individual via a special mode of transportation under 
     the laws administered by the Secretary would allow for the 
     establishment of a contracted rate different from the 
     established rate of the Department, not later than two years 
     before the effective date of such change, the Secretary 
     shall--

[[Page S4501]]

       (i) establish a template and standardized process for such 
     contracts and submit such template and standardized process 
     to Congress for feedback; and
       (ii) issue guidance regarding such template and 
     standardized process across appropriate entities within the 
     Department and across the industry associated with the 
     special mode of transportation or special modes of 
     transportation covered by such contract.
       (c) Definitions.--In this section:
       (1) Special mode of transportation.--The term ``special 
     mode of transportation'' has the meaning given that term in 
     section 70.2 of title 38, Code of Federal Regulations, or 
     successor regulations.
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.
                                 ______