[Congressional Record (Bound Edition), Volume 159 (2013), Part 4]
[Senate]
[Pages 6042-6057]
[From the U.S. 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 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

[[Page 6043]]

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 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

[[Page 6044]]

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 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

[[Page 6045]]

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''.

     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''.

[[Page 6046]]



     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, 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.

[[Page 6047]]

       (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.
  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:

[[Page 6048]]



                                 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

[[Page 6049]]

       ``(B) for a period of 60 consecutive days, is receiving--
       ``(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 left over 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,

[[Page 6050]]

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 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

[[Page 6051]]

American corporations, 17 States, and the District of Columbia now 
extend FMLA benefits to include leave on behalf of 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, 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

[[Page 6052]]

     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--
       (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

[[Page 6053]]

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, 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

[[Page 6054]]

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.
  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:

[[Page 6055]]

       (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.
       (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

[[Page 6056]]

     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.
       (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.

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