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Senate Bill §3421 Spearheaded by
Veterans For Constitutional Law, Ltd.
S.3421
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend title 38, United States Code, to repeal certain limitations on
attorney representation of claimants for benefits under laws
administered by the Secretary of Veterans Affairs, to expand eligibility
for the Survivors' and Dependents' Educational Assistance Program, to
otherwise improve veterans' benefits, memorial affairs, and health-care
programs, to enhance information security programs of the Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Veterans Benefits, Health
Care, and Information Technology Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--ATTORNEY REPRESENTATION MATTERS
Sec. 101. Agent or attorney representation in veterans benefits cases
before the Department of Veterans Affairs.
TITLE II--HEALTH MATTERS
Sec. 201. Additional mental health providers.
Sec. 202. Pay comparability for the Chief Nursing Officer, Office of
Nursing Services.
Sec. 203. Improvement and expansion of mental health services.
Sec. 204. Disclosure of medical records.
Sec. 205. Expansion of telehealth services.
Sec. 206. Strategic plan for long-term care.
Sec. 207. Blind rehabilitation outpatient specialists.
Sec. 208. Extension of certain compliance reports.
Sec. 209. Parkinson's Disease research, education, and clinical centers
and multiple sclerosis centers of excellence.
Sec. 210. Repeal of term of office for the Under Secretary for Health
and the Under Secretary for Benefits.
Sec. 211. Modifications to State home authorities.
Sec. 212. Office of Rural Health.
Sec. 213. Outreach program to veterans in rural areas.
Sec. 214. Pilot program on improvement of caregiver assistance services.
Sec. 215. Expansion of outreach activities of Vet Centers.
Sec. 216. Clarification and enhancement of bereavement counseling.
Sec. 217. Funding for Vet Center program.
TITLE III--EDUCATION MATTERS
Sec. 301. Expansion of eligibility for Survivors' and Dependents'
Educational Assistance program.
Sec. 302. Restoration of lost entitlement for individuals who
discontinue a program of education because of being ordered to full-time
National Guard duty.
Sec. 303. Exception for institutions offering Government-sponsored
nonaccredited courses to requirement of refunding unused tuition.
Sec. 304. Extension of work-study allowance.
Sec. 305. Deadline and extension of requirement for report on
educational assistance program.
Sec. 306. Report on improvement in administration of educational
assistance benefits.
Sec. 307. Technical amendments relating to education laws.
TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS
Sec. 401. Provision of Government memorial headstones or markers and
memorial inscriptions for deceased dependent children of veterans whose
remains are unavailable for burial.
Sec. 402. Provision of Government markers for marked graves of veterans
at private cemeteries.
Sec. 403. Eligibility of Indian tribal organizations for grants for the
establishment of veterans cemeteries on trust lands.
Sec. 404. Removal of remains of Russell Wayne Wagner from Arlington
National Cemetery.
TITLE V--HOUSING AND SMALL BUSINESS MATTERS
Sec. 501. Residential cooperative housing units.
Sec. 502. Department of Veterans Affairs goals for participation by
small businesses owned and controlled by veterans in procurement
contracts.
Sec. 503. Department of Veterans Affairs contracting priority for
veteran-owned small businesses.
TITLE VI--EMPLOYMENT AND TRAINING MATTERS
Sec. 601. Training of new disabled veterans' outreach program
specialists and local veterans' employment representatives by NVTI
required.
Sec. 602. Rules for part-time employment for disabled veterans' outreach
program specialists and local veterans' employment representatives.
Sec. 603. Performance incentive awards for employment service offices.
Sec. 604. Demonstration project on credentialing and licensure of
veterans.
Sec. 605. Department of Labor implementation of regulations for priority
of service.
TITLE VII--HOMELESS VETERANS ASSISTANCE
Sec. 701. Reaffirmation of national goal to end homelessness among
veterans.
Sec. 702. Sense of Congress on the response of the Federal Government to
the needs of homeless veterans.
Sec. 703. Authority to make grants for comprehensive service programs
for homeless veterans.
Sec. 704. Extension of treatment and rehabilitation for seriously
mentally ill and homeless veterans.
Sec. 705. Extension of authority for transfer of properties obtained
through foreclosure of home mortgages.
Sec. 706. Extension of funding for grant program for homeless veterans
with special needs.
Sec. 707. Extension of funding for homeless veteran service provider
technical assistance program.
Sec. 708. Additional element in annual report on assistance to homeless
veterans.
Sec. 709. Advisory Committee on Homeless Veterans.
Sec. 710. Rental assistance vouchers for Veterans Affairs supported
housing program.
TITLE VIII--CONSTRUCTION MATTERS
Subtitle A--Construction and Lease Authorities
Sec. 801. Authorization of fiscal year 2006 major medical facility
projects.
Sec. 802. Extension of authorization for certain major medical facility
construction projects previously authorized in connection with Capital
Asset Realignment Initiative.
Sec. 803. Authorization of fiscal year 2007 major medical facility
projects.
Sec. 804. Authorization of advance planning and design for a major
medical facility, Charleston, South Carolina.
Sec. 805. Authorization of fiscal year 2006 major medical facility
leases.
Sec. 806. Authorization of fiscal year 2007 major medical facility
leases.
Sec. 807. Authorization of appropriations.
Subtitle B--Facilities Administration
Sec. 811. Director of Construction and Facilities Management.
Sec. 812. Increase in threshold for major medical facility projects.
Sec. 813. Land conveyance, city of Fort Thomas, Kentucky.
Subtitle C--Reports on Medical Facility Improvements
Sec. 821. Report on option for medical facility improvements in San
Juan, Puerto Rico.
Sec. 822. Business plans for enhanced access to outpatient care in
certain rural areas.
Sec. 823. Report on option for construction of Department of Veterans
Affairs Medical Center in Okaloosa County, Florida.
TITLE IX--INFORMATION SECURITY MATTERS
Sec. 901. Short title.
Sec. 902. Department of Veterans Affairs information security programs
and requirements.
Sec. 903. Information security education assistance programs.
TITLE X--OTHER MATTERS
Sec. 1001. Notice to congressional veterans committees of certain
transfers of funds.
Sec. 1002. Clarification of correctional facilities covered by certain
provisions of law.
Sec. 1003. Extension of authority for health care for participation in
DOD chemical and biological warfare testing.
Sec. 1004. Technical and clerical amendments.
Sec. 1005. Codification of cost-of-living adjustment provided in Public
Law 109-361.
Sec. 1006. Coordination of provisions with Veterans Programs Extension
Act of 2006.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--ATTORNEY REPRESENTATION MATTERS
SEC. 101. AGENT OR ATTORNEY REPRESENTATION IN VETERANS BENEFITS CASES
BEFORE THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Qualifications and Standards of Conduct for Individuals Recognized
as Agents or Attorneys-
(1) ADDITIONAL QUALIFICATIONS AND STANDARDS FOR AGENTS AND ATTORNEYS
GENERALLY- Subsection (a) of section 5904 is amended--
(A) by inserting `Recognition- (1)' after `(a)';
(B) by striking `The Secretary may recognize' and inserting `Except as
provided in paragraph (4), the Secretary may recognize';
(C) by striking the second sentence; and
(D) by adding at the end the following new paragraphs:
(2) The Secretary shall prescribe in regulations (consistent with the
Model Rules of Professional Conduct of the American Bar Association)
qualifications and standards of conduct for individuals recognized under
this section, including a requirement that, as a condition of being so
recognized, an individual must--
(A) show that such individual is of good moral character and in good
repute, is qualified to render claimants valuable service, and is
otherwise competent to assist claimants in presenting claims;
(B) have such level of experience or specialized training as the
Secretary shall specify; and
(C) certify to the Secretary that the individual has satisfied any
qualifications and standards prescribed by the Secretary under this
section.
(3) The Secretary shall prescribe in regulations requirements that each
agent or attorney recognized under this section provide annually to the
Secretary information about any court, bar, or Federal or State agency
to which such agent or attorney is admitted to practice or otherwise
authorized to appear, any relevant identification number or numbers, and
a certification by such agent or attorney that such agent or attorney is
in good standing in every jurisdiction where the agent or attorney is
admitted to practice or otherwise authorized to appear.
(4) The Secretary may not recognize an individual as an agent or
attorney under paragraph (1) if such individual has been suspended or
disbarred by any court, bar, or Federal or State agency to which the
individual was previously admitted to practice and has not been
subsequently reinstated.
(5) The Secretary may prescribe in regulations reasonable restrictions
on the amount of fees that an agent or attorney may charge a claimant
for services rendered in the preparation, presentation, and prosecution
of a claim before the Department. A fee that does not exceed 20 percent
of the past due amount of benefits awarded on a claim shall be presumed
to be reasonable.
(6)(A) The Secretary may charge and collect an assessment from an
individual recognized as an agent or attorney under this section in any
case in which the Secretary pays to the agent or attorney, from past-due
benefits owed to a claimant represented by the agent or attorney, an
amount as a fee in accordance with a fee arrangement between the
claimant and the agent or attorney.
(B) The amount of an assessment under subparagraph (A) shall be equal to
five percent of the amount of the fee required to be paid to the agent
or attorney, except that the amount of such an assessment may not exceed
$100.
(C) The Secretary may collect an assessment under subparagraph (A) by
offsetting the amount of the fee otherwise required to be paid to the
agent or attorney from the past-due benefits owed to the claimant
represented by the agent or attorney.
(D) An agent or attorney who is charged an assessment under subparagraph
(A) may not, directly or indirectly, request, receive, or obtain
reimbursement for such assessment from the claimant represented by the
agent or attorney.
(E) Amounts collected under this paragraph shall be deposited in the
account available for administrative expenses for veterans' benefits
programs. Amounts so deposited shall be merged with amounts in such
account and shall be available for the same purpose, and subject to the
same conditions and limitations, as amounts otherwise in such account.'.
(2) SUSPENSION OF RECOGNIZED REPRESENTATIVES OF VETERANS SERVICE
ORGANIZATIONS- Section 5902(b) is amended--
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(B) by inserting `(1)' after `(b)'; and
(C) by adding at the end the following new paragraph:
(2) An individual recognized under this section shall be subject to the
provisions of section 5904(b) of this title on the same basis as an
individual recognized under section 5904(a) of this title.'.
(3) SUSPENSION OF INDIVIDUALS RECOGNIZED FOR PARTICULAR CLAIMS- Section
5903 is amended--
(A) by inserting `(a) In General- ' before `The Secretary'; and
(B) by adding at the end the following new subsection:
(b) Suspension- An individual recognized under this section shall be
subject to the provisions of section 5904(b) of this title on the same
basis as an individual recognized under section 5904(a) of this title.'.
(b) Additional Bases for Suspension of Individuals- Subsection (b) of
section 5904 is amended--
(1) by inserting `Suspension of Agents and Attorneys- ' after `(b)';
(2) in paragraph (4), by striking `or' at the end;
(3) in paragraph (5), by striking the period and inserting a semicolon;
and
(4) by adding at the end the following new paragraphs:
(6) has presented to the Secretary a frivolous claim, issue, or
argument, involving conduct inconsistent with ethical standards for the
practice of law;
(7) has been suspended or disbarred by any court or bar to which such
agent or attorney was previously admitted to practice, or has been
disqualified from participating in or appearing before any Federal
agency, and has not been subsequently reinstated;
(8) has charged excessive or unreasonable fees, as determined by the
Secretary in accordance with subsection (c)(3)(A); or
(9) has failed to comply with any other condition specified in
regulations prescribed by the Secretary for purposes of this
subsection.'.
(c) Modification of Date for Commencement of Services Subject to Fees-
(1) MODIFICATION- Effective as provided in subsection (h), paragraph (1)
of subsection (c) of such section is amended--
(A) by striking `the Board of Veterans' Appeals first makes a final
decision in' and inserting `a notice of disagreement is filed with
respect to';
(B) by striking the second sentence; and
(C) in the third sentence, by inserting `fees charged, allowed, or paid
for' before `services provided'.
(2) REPORT- Not later than 42 months after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to Congress a
report that sets forth an assessment of the effects of allowing agents
and attorneys recognized under section 5904 of title 38, United States
Code, to charge a fee to a claimant for services rendered in the
preparation, presentation, and prosecution of a claim before the
Department of Veterans Affairs after a notice of disagreement has been
filed. Such report shall include the recommendations of the Secretary
with respect to agent and attorney representation.
(d) Modification of Requirements To File Attorney Fee Agreements-
Effective as provided in subsection (h), paragraph (2) of subsection (c)
of such section is amended--
(1) by striking `after the Board first makes a final decision in the
case' and inserting `after a notice of disagreement is filed with
respect to the case';
(2) by striking `with the Board at such time as may be specified by the
Board' and inserting `with the Secretary pursuant to regulations
prescribed by the Secretary'; and
(3) by striking the second and third sentences.
(e) Attorney Fees- Subsection (c) of such section is further amended--
(1) in paragraph (1), by striking `paragraph (3)' and inserting
`paragraph (4)'; and
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new paragraph (3):
(3)(A) The Secretary may, upon the Secretary's own motion or at the
request of the claimant, review a fee agreement filed pursuant to
paragraph (2) and may order a reduction in the fee called for in the
agreement if the Secretary finds that the fee is excessive or
unreasonable.
(B) A finding or order of the Secretary under subparagraph (A) may be
reviewed by the Board of Veterans' Appeals under section 7104 of this
title.
(C) If the Secretary under subsection (b) suspends or excludes from
further practice before the Department any agent or attorney who
collects or receives a fee in excess of the amount authorized under this
section, the suspension shall continue until the agent or attorney makes
full restitution to each claimant from whom the agent or attorney
collected or received an excessive fee. If the agent or attorney makes
such restitution, the Secretary may reinstate such agent or attorney
under such rules as the Secretary may prescribe.'.
(f) Technical and Conforming Amendments- Subsection (d) of such section
is amended--
(1) by inserting `Payment of Fees Out of Past-Due Benefits- ' after
`(d)';
(2) by inserting `agent or' before `attorney' each place it appears;
(3) in paragraph (1), by striking `of this subsection' after `paragraph
(2)';
(4) in paragraph (2)(B), by striking `of this paragraph' after
`subparagraph (A)'; and
(5) in paragraph (3)--
(A) by striking `attorneys' fee' and inserting `fee to an agent or
attorney'; and
(B) by striking `of this subsection' after `paragraph (1)'.
(g) Repeal of Penalty for Certain Acts- Section 5905 is amended by
striking `(1)' and all that follows through `(2)'.
(h) Effective Date- The amendments made by subsections (c)(1) and (d)
shall take effect on the date that is 180 days after the date of the
enactment of this Act and shall apply with respect to services of agents
and attorneys that are provided with respect to cases in which notices
of disagreement are filed on or after that date.
(i) Limitation on Collection of Fee Assessment- No assessments on fees
may be collected under paragraph (6) of section 5904(a) of title 38,
United States Code (as added by subsection (a)(1)(D) of this section),
until the date on which the Secretary of Veterans Affairs prescribes the
regulations required by the amendments made by this section.
TITLE II--HEALTH MATTERS
SEC. 201. ADDITIONAL MENTAL HEALTH PROVIDERS.
(a) Appointments- Section 7401(3) is amended by inserting after `social
workers,' the following: `marriage and family therapists, licensed
professional mental health counselors,'.
(b) Qualifications- Section 7402(b) is amended--
(1) by redesignating paragraph (10) as paragraph (12); and
(2) by inserting after paragraph (9) the following new paragraphs:
(10) Marriage and Family Therapist- To be eligible to be appointed to a
marriage and family therapist position, a person must--
(A) hold a master's degree in marriage and family therapy, or a
comparable degree in mental health, from a college or university
approved by the Secretary; and
(B) be licensed or certified to independently practice marriage and
family therapy in a State, except that the Secretary may waive the
requirement of licensure or certification for an individual marriage and
family therapist for a reasonable period of time recommended by the
Under Secretary for Health.
(11) Licensed Professional Mental Health Counselor- To be eligible to be
appointed to a licensed professional mental health counselor position, a
person must--
(A) hold a master's degree in mental health counseling, or a related
field, from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice mental health
counseling.'.
(c) Report on Marriage and Family Therapy Workload-
(1) IN GENERAL- Not later than 90 days after the date of the enactment
of this Act, the Under Secretary for Health of the Department of
Veterans Affairs 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 provision of treatment for
post-traumatic stress disorder by marriage and family therapists
employed by the Department of Veterans Affairs.
(2) CONTENTS- The report submitted under paragraph (1) shall include the
following:
(A) The actual and projected workloads in facilities of the Veterans
Readjustment Counseling Service and the Veterans Health Administration
for the provision of marriage and family counseling for veterans
diagnosed with, or otherwise in need of treatment for, post-traumatic
stress disorder.
(B) The resources available and needed to support the projected workload
described in subparagraph (A).
(C) An assessment by the Under Secretary for Health of the effectiveness
of treatment for post-traumatic stress disorder that is provided by
marriage and family therapists.
(D) Recommendations, if any, for improvements in the provision of such
treatment by such therapists.
SEC. 202. PAY COMPARABILITY FOR THE CHIEF NURSING OFFICER, OFFICE OF
NURSING SERVICES.
Section 7404 is amended--
(1) in subsection (d), by striking `subchapter III and in' and inserting
`subsection (e), subchapter III, and'; and
(2) by adding at the end the following new subsection:
(e) The position of Chief Nursing Officer, Office of Nursing Services,
shall be exempt from the provisions of section 7451 of this title and
shall be paid at a rate determined by the Secretary, not to exceed the
maximum rate established for the Senior Executive Service under section
5382 of title 5.'.
SEC. 203. IMPROVEMENT AND EXPANSION OF MENTAL HEALTH SERVICES.
(a) Required Capacity for Community-Based Outpatient Clinics-
(1) IN GENERAL- The Secretary of Veterans Affairs shall ensure that each
community-based outpatient clinic of the Department of Veterans Affairs
has the capacity to provide, or monitor the provision of, mental health
services to enrolled veterans who, as determined by the Secretary, are
in need of such services.
(2) SETTINGS- In carrying out paragraph (1), the Secretary shall ensure
that mental health services are provided through--
(A) a community-based outpatient clinic of the Department by an employee
of the Department;
(B) referral to another facility of the Department;
(C) contract with an appropriate mental health professional in the
community; or
(D) telemental health services.
(b) Clinical Training and Protocols-
(1) COLLABORATION- The National Center on Post-Traumatic Stress Disorder
of the Department of Veterans Affairs shall collaborate with the
Secretary of Defense--
(A) to enhance the clinical skills of military clinicians on matters
relating to post-traumatic stress disorder through training, treatment
protocols, web-based interventions, and the development of
evidence-based interventions; and
(B) to promote pre-deployment resilience and post-deployment
readjustment among members of the Armed Forces serving in Operation
Iraqi Freedom and Operation Enduring Freedom.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for the Department of Veterans Affairs for fiscal year 2007
$2,000,000 to carry out this subsection.
(c) Mental Health Outreach- The Secretary of Veterans Affairs shall--
(1) develop additional educational materials on post-traumatic stress
disorder; and
(2) undertake additional efforts to educate veterans about
post-traumatic stress disorder.
(d) Review of PTSD Clinical Guidelines- The Secretary of Veterans
Affairs shall--
(1) review the clinical guidelines of the Department of Veterans Affairs
on post-traumatic stress disorder and all appropriate protocols related
to post-traumatic stress disorder;
(2) revise such guidelines and protocols as the Secretary considers
appropriate to ensure that clinicians are able to effectively
distinguish between diagnoses with similar symptoms that may manifest as
post-traumatic stress disorder, including traumatic brain injury; and
(3) develop performance measures for the treatment of post-traumatic
stress disorder among veterans.
SEC. 204. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical Records- Section
5701 is amended by adding at the end the following new subsection:
(k)(1)(A) Under regulations that the Secretary shall prescribe, the
Secretary may disclose the name and address of any individual described
in subparagraph (C) to an entity described in subparagraph (B) in order
to facilitate the determination by such entity whether the individual
is, or after death will be, a suitable organ, tissue, or eye donor if--
(i) the individual is near death (as determined by the Secretary) or is
deceased; and
(ii) the disclosure is permitted under regulations promulgated pursuant
to section 264 of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note).
(B) An entity described in this subparagraph is--
(i) an organ procurement organization, including eye and tissue banks;
or
(ii) an entity that the Secretary has determined--
(I) is substantially similar in function, professionalism, and
reliability to an organ procurement organization; and
(II) should be treated for purposes of this subsection in the same
manner as an organ procurement organization.
(C) An individual described in this subparagraph is--
(i) a veteran; or
(ii) a dependent of veteran.
(2) In this subsection, the term `organ procurement organization' has
the meaning given the term `qualified organ procurement organization' in
section 371(b) of the Public Health Service Act (42 U.S.C. 273(b)).'.
(b) Disclosures From Certain Medical Records- Section 7332(b)(2) is
amended by adding at the end the following new subparagraph:
(E) To an entity described in paragraph (1)(B) of section 5701(k) of
this title, but only to the extent authorized by such section.'.
(c) Deadline for Prescribing Regulations- The Secretary of Veterans
Affairs shall prescribe regulations under subsection (k) of section 5701
of title 38, United States Code, as added by subsection (a), not later
than 180 days after the date of the enactment of this Act.
SEC. 205. EXPANSION OF TELEHEALTH SERVICES.
(a) In General- The Secretary of Veterans Affairs shall increase the
number of facilities of the Readjustment Counseling Service that are
capable of providing health services and counseling through telehealth
linkages with facilities of the Veterans Health Administration.
(b) Plan- Not later than July 1, 2007, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a plan to implement
the requirement in subsection (a). The plan shall specify which
facilities of the Readjustment Counseling Service will have the
capabilities described in subsection (a) as of the end of each of fiscal
years 2007, 2008, and 2009.
SEC. 206. STRATEGIC PLAN FOR LONG-TERM CARE.
(a) Publication- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall publish a strategic
plan for the provision of long-term care by the Department of Veterans
Affairs.
(b) Policies and Strategies- The plan published under subsection (a)
shall contain policies and strategies for--
(1) the delivery of care in domiciliaries, residential treatment
facilities, and nursing homes and for seriously mentally ill veterans;
(2) maximizing the use of State veterans homes;
(3) locating domiciliary units as close to patient populations as
feasible; and
(4) identifying freestanding nursing homes as an acceptable care model.
(c) Data- The plan published under subsection (a) shall include data
on--
(1) the provision of care of catastrophically disabled veterans; and
(2) the geographic distribution of catastrophically disabled veterans.
(d) Noninstitutional Long-Term Care Options- The plan published under
subsection (a) shall address the spectrum of noninstitutional long-term
care options, including each of the following:
(1) Respite care.
(2) Home-based primary care.
(3) Geriatric evaluation.
(4) Adult day health care.
(5) Skilled home health care.
(6) Community residential care.
(e) Additional Matters To Be Included- The plan published under
subsection (a) shall provide--
(1) cost and quality comparison analyses of all the different levels of
long-term care for veterans;
(2) detailed information about geographic distribution of services and
gaps in care; and
(3) specific plans for working with Medicare, Medicaid, and private
insurance companies to expand the availability of such care.
SEC. 207. BLIND REHABILITATION OUTPATIENT SPECIALISTS.
(a) Findings- Congress makes the following findings:
(1) There are approximately 135,000 blind veterans throughout the United
States, including approximately 35,000 who are enrolled with the
Department of Veterans Affairs. An aging veteran population and injuries
incurred in Operation Iraqi Freedom and Operation Enduring Freedom are
increasing the number of blind veterans.
(2) Since 1996, when the Department of Veterans Affairs hired its first
14 blind rehabilitation outpatient specialists (referred to in this
section as `Specialists'), Specialists have been a critical part of the
continuum of care for blind and visually impaired veterans.
(3) The Department of Veterans Affairs operates 10 residential blind
rehabilitation centers that are considered among the best in the world.
These centers have had long waiting lists, with as many as 1,500 blind
veterans waiting for openings in 2004.
(4) Specialists provide--
(A) critically needed services to veterans who are unable to attend
residential centers or are waiting to enter a residential center
program;
(B) a range of services for blind veterans, including training with
living skills, mobility, and adaptation of manual skills; and
(C) pre-admission screening and follow-up care for blind rehabilitation
centers.
(5) There are not enough Specialist positions to meet the increased
numbers and needs of blind veterans.
(b) Establishment of Additional Specialist Positions- Not later than 30
months after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish an additional Specialist position at
not fewer than 35 additional facilities of the Department of Veterans
Affairs.
(c) Selection of Facilities- In identifying the most appropriate
facilities to receive a Specialist position under this section, the
Secretary shall--
(1) give priority to facilities with large numbers of enrolled legally
blind veterans;
(2) ensure that each facility does not have such a position; and
(3) ensure that each facility is in need of the services of a
Specialist.
(d) Coordination- The Secretary shall coordinate the provision of blind
rehabilitation services for veterans with services for the care of the
visually impaired offered by State and local agencies, especially to the
extent to which such State and local agencies can provide necessary
services to blind veterans in settings located closer to the residences
of such veterans at similar quality and cost to the veteran.
(e) Authorization of Appropriations- There are authorized to be
appropriated for the Department of Veterans Affairs to carry out this
section $3,500,000 for each of fiscal years 2007 through 2012.
SEC. 208. EXTENSION OF CERTAIN COMPLIANCE REPORTS.
(a) Management of Health Care- Section 1706(b)(5)(A) is amended by
striking `2004' and inserting `2008'.
(b) Advisory Committee on Women Veterans- Section 542(c)(1) is amended
by striking `2004' and inserting `2008'.
SEC. 209. PARKINSON'S DISEASE RESEARCH, EDUCATION, AND CLINICAL CENTERS
AND MULTIPLE SCLEROSIS CENTERS OF EXCELLENCE.
(a) Requirement for Establishment of Centers-
(1) IN GENERAL- Subchapter II of chapter 73 is amended by adding at the
end the following new sections:
Sec. 7329. Parkinson's Disease research, education, and clinical centers
(a) Establishment of Centers- (1) The Secretary, upon the recommendation
of the Under Secretary for Health, shall designate not less than six
Department health-care facilities as the locations for centers of
Parkinson's Disease research, education, and clinical activities.
(2) Subject to the availability of appropriations for such purpose, the
Secretary shall establish and operate centers of Parkinson's Disease
research, education, and clinical activities centers at the locations
designated pursuant to paragraph (1).
(b) Criteria for Designation of Facilities- (1) In designating
Department health-care facilities for centers under subsection (a), the
Secretary, upon the recommendation of the Under Secretary for Health,
shall assure appropriate geographic distribution of such facilities.
(2) Except as provided in paragraph (3), the Secretary shall designate
as the location for a center of Parkinson's Disease research, education,
and clinical activities pursuant to subsection (a)(1) each Department
health-care facility that as of January 1, 2005, was operating a
Parkinson's Disease research, education, and clinical center.
(3) The Secretary may not under subsection (a) designate a facility
described in paragraph (2) if (on the recommendation of the Under
Secretary for Health) the Secretary determines that such facility--
(A) does not meet the requirements of subsection (c); or
(B) has not demonstrated--
(i) effectiveness in carrying out the established purposes of such
center; or
(ii) the potential to carry out such purposes effectively in the
reasonably foreseeable future.
(c) Requirements for Designation- (1) The Secretary may not designate a
Department health-care facility as a location for a center under
subsection (a) unless the peer review panel established under subsection
(d) has determined under that subsection that the proposal submitted by
such facility as a location for a new center under subsection (a) is
among those proposals that meet the highest competitive standards of
scientific and clinical merit.
(2) The Secretary may not designate a Department health-care facility as
a location for a center under subsection (a) unless the Secretary (upon
the recommendation of the Under Secretary for Health) determines that
the facility has (or may reasonably be anticipated to develop) each of
the following:
(A) An arrangement with an accredited medical school that provides
education and training in neurology and with which the Department
health-care facility is affiliated under which residents receive
education and training in innovative diagnosis and treatment of chronic
neurodegenerative diseases and movement disorders, including Parkinson's
Disease.
(B) The ability to attract the participation of scientists who are
capable of ingenuity and creativity in health-care research efforts.
(C) An advisory committee composed of veterans and appropriate
health-care and research representatives of the Department health-care
facility and of the affiliated school or schools to advise the directors
of such facility and such center on policy matters pertaining to the
activities of the center during the period of the operation of such
center.
(D) The capability to conduct effectively evaluations of the activities
of such center.
(E) The capability to coordinate (as part of an integrated national
system) education, clinical, and research activities within all
facilities with such centers.
(F) The capability to jointly develop a consortium of providers with
interest in treating neurodegenerative diseases, including Parkinson's
Disease and other movement disorders, at facilities without centers
established under subsection (a) in order to ensure better access to
state-of-the-art diagnosis, care, and education for neurodegenerative
disorders throughout the health-care system of the Department.
(G) The capability to develop a national repository in the health-care
system of the Department for the collection of data on health services
delivered to veterans seeking care for neurodegenerative diseases,
including Parkinson's Disease, and other movement disorders.
(d) Peer Review Panel- (1) The Under Secretary for Health shall
establish a panel to assess the scientific and clinical merit of
proposals that are submitted to the Secretary for the establishment of
centers under this section.
(2)(A) The membership of the panel shall consist of experts in
neurodegenerative diseases, including Parkinson's Disease and other
movement disorders.
(B) Members of the panel shall serve for a period of no longer than two
years, except as specified in subparagraph (C).
(C) Of the members first appointed to the panel, one half shall be
appointed for a period of three years and one half shall be appointed
for a period of two years, as designated by the Under Secretary at the
time of appointment.
(3) The panel shall review each proposal submitted to the panel by the
Under Secretary and shall submit its views on the relative scientific
and clinical merit of each such proposal to the Under Secretary.
(4) The panel shall not be subject to the Federal Advisory Committee
Act.
(e) Priority of Funding- Before providing funds for the operation of a
center designated under subsection (a) at a Department health-care
facility other than at a facility designated pursuant to subsection
(b)(2), the Secretary shall ensure that each Parkinson's Disease center
at a facility designated pursuant to subsection (b)(2) is receiving
adequate funding to enable that center to function effectively in the
areas of Parkinson's Disease research, education, and clinical
activities.
(f) Authorization of Appropriations- There are authorized to be
appropriated such sums as may be necessary for the support of the
research and education activities of the centers established pursuant to
subsection (a). The Under Secretary for Health shall allocate to such
centers from other funds appropriated generally for the Department
medical services account and medical and prosthetics research account,
as appropriate, such amounts as the Under Secretary for Health
determines appropriate.
(g) Award Competitions- Activities of clinical and scientific
investigation at each center established under subsection (a) shall be
eligible to compete for the award of funding from funds appropriated for
the Department medical and prosthetics research account. Such activities
shall receive priority in the award of funding from such account insofar
as funds are awarded to projects for research in Parkinson's Disease and
other movement disorders.
Sec. 7330. Multiple sclerosis centers of excellence
(a) Establishment of Centers- (1) The Secretary, upon the recommendation
of the Under Secretary for Health, shall designate not less than two
Department health-care facilities as the locations for multiple
sclerosis centers of excellence.
(2) Subject to the availability of appropriations for such purpose, the
Secretary shall establish and operate multiple sclerosis centers of
excellence at the locations designated pursuant to paragraph (1).
(b) Criteria for Designation of Facilities- (1) In designating
Department health-care facilities for centers under subsection (a), the
Secretary, upon the recommendation of the Under Secretary for Health,
shall assure appropriate geographic distribution of such facilities.
(2) Except as provided in paragraph (3), the Secretary shall designate
as the location for a center pursuant to subsection (a)(1) each
Department health-care facility that as of January 1, 2005, was
operating a multiple sclerosis center of excellence.
(3) The Secretary may not under subsection (a) designate a facility
described in paragraph (2) if (on the recommendation of the Under
Secretary for Health) the Secretary determines that such facility--
(A) does not meet the requirements of subsection (c); or
(B) has not demonstrated--
(i) effectiveness in carrying out the established purposes of such
center; or
(ii) the potential to carry out such purposes effectively in the
reasonably foreseeable future.
(c) Requirements for Designation- (1) The Secretary may not designate a
Department health-care facility as a location for a center under
subsection (a) unless the peer review panel established under subsection
(d) has determined under that subsection that the proposal submitted by
such facility as a location for a new center under subsection (a) is
among those proposals that meet the highest competitive standards of
scientific and clinical merit.
(2) The Secretary may not designate a Department health-care facility as
a location for a center under subsection (a) unless the Secretary (upon
the recommendation of the Under Secretary for Health) determines that
the facility has (or may reasonably be anticipated to develop) each of
the following:
(A) An arrangement with an accredited medical school that provides
education and training in neurology and with which the Department
health-care facility is affiliated under which residents receive
education and training in innovative diagnosis and treatment of
autoimmune diseases affecting the central nervous system, including
multiple sclerosis.
(B) The ability to attract the participation of scientists who are
capable of ingenuity and creativity in health-care research efforts.
(C) An advisory committee composed of veterans and appropriate
health-care and research representatives of the Department health-care
facility and of the affiliated school or schools to advise the directors
of such facility and such center on policy matters pertaining to the
activities of the center during the period of the operation of such
center.
(D) The capability to conduct effectively evaluations of the activities
of such center.
(E) The capability to coordinate (as part of an integrated national
system) education, clinical, and research activities within all
facilities with such centers.
(F) The capability to jointly develop a consortium of providers with
interest in treating multiple sclerosis at facilities without such
centers in order to ensure better access to state-of-the-art diagnosis,
care, and education for autoimmune disease affecting the central nervous
system throughout the health-care system of the Department.
(G) The capability to develop a national repository in the health-care
system of the Department for the collection of data on health services
delivered to veterans seeking care for autoimmune disease affecting the
central nervous system.
(d) Peer Review Panel- (1) The Under Secretary for Health shall
establish a panel to assess the scientific and clinical merit of
proposals that are submitted to the Secretary for the establishment of
centers under this section.
(2)(A) The membership of the panel shall consist of experts in
autoimmune disease affecting the central nervous system.
(B) Members of the panel shall serve for a period of no longer than two
years, except as specified in subparagraph (C).
(C) Of the members first appointed to the panel, one half shall be
appointed for a period of three years and one half shall be appointed
for a period of two years, as designated by the Under Secretary at the
time of appointment.
(3) The panel shall review each proposal submitted to the panel by the
Under Secretary and shall submit its views on the relative scientific
and clinical merit of each such proposal to the Under Secretary.
(4) The panel shall not be subject to the Federal Advisory Committee
Act.
(e) Priority of Funding- Before providing funds for the operation of a
center designated under subsection (a) at a Department health-care
facility other than at a facility designated pursuant to subsection
(b)(2), the Secretary shall ensure that each multiple sclerosis center
at a facility designated pursuant to subsection (b)(2) is receiving
adequate funding to enable that center to function effectively in the
areas of multiple sclerosis research, education, and clinical
activities.
(f) Authorization of Appropriations- There are authorized to be
appropriated such sums as may be necessary for the support of the
research and education activities of the centers established pursuant to
subsection (a). The Under Secretary for Health shall allocate to such
centers from other funds appropriated generally for the Department
medical services account and medical and prosthetics research account,
as appropriate, such amounts as the Under Secretary for Health
determines appropriate.
(g) Award Competitions- Activities of clinical and scientific
investigation at each center established under subsection (a) shall be
eligible to compete for the award of funding from funds appropriated for
the Department medical and prosthetics research account. Such activities
shall receive priority in the award of funding from such account insofar
as funds are awarded to projects for research in multiple sclerosis and
other neurodegenerative disorders.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 7328
the following new items:
7329. Parkinson's Disease research, education, and clinical centers.
7330. Multiple sclerosis centers of excellence.'.
(b) Effective Date- Sections 7329 and 7330 of title 38, United States
Code, as added by subsection (a), shall take effect at the end of the
30-day period beginning on the date of the enactment of this Act.
SEC. 210. REPEAL OF TERM OF OFFICE FOR THE UNDER SECRETARY FOR HEALTH
AND THE UNDER SECRETARY FOR BENEFITS.
(a) Under Secretary for Health-
(1) IN GENERAL- Section 305 is amended by striking subsection (c).
(2) CONFORMING AMENDMENT- Subsection (d) of such section is redesignated
as subsection (c).
(b) Under Secretary for Benefits-
(1) IN GENERAL- Section 306 is amended by striking subsection (c).
(2) CONFORMING AMENDMENT- Subsection (d) of such section is redesignated
as subsection (c).
SEC. 211. MODIFICATIONS TO STATE HOME AUTHORITIES.
(a) Nursing Home Care and Prescription Medications in State Homes for
Veterans With Service-Connected Disabilities-
(1) NURSING HOME CARE- Subchapter V of chapter 17 is amended by adding
at the end the following new section:
Sec. 1745. Nursing home care and medications for veterans with
service-connected disabilities
(a)(1) The Secretary shall pay each State home for nursing home care at
the rate determined under paragraph (2), in any case in which such care
is provided to any veteran as follows:
(A) Any veteran in need of such care for a service-connected disability.
(B) Any veteran who--
(i) has a service-connected disability rated at 70 percent or more; and
(ii) is in need of such care.
(2) The rate determined under this paragraph with respect to a State
home is the lesser of--
(A) the applicable or prevailing rate payable in the geographic area in
which the State home is located, as determined by the Secretary, for
nursing home care furnished in a non-Department nursing home (as that
term is defined in section 1720(e)(2) of this title); or
(B) a rate not to exceed the daily cost of care, as determined by the
Secretary, following a report to the Secretary by the director of the
State home.
(3) Payment by the Secretary under paragraph (1) to a State home for
nursing home care provided to a veteran described in that paragraph
constitutes payment in full to the State home for such care furnished to
that veteran.'.
(2) PROVISION OF PRESCRIPTION MEDICINES- Such section, as so added, is
further amended by adding at the end the following new subsection:
(b) The Secretary shall furnish such drugs and medicines as may be
ordered on prescription of a duly licensed physician as specific therapy
in the treatment of illness or injury to any veteran as follows:
(1) Any veteran who--
(A) is not being provided nursing home care for which payment is payable
under subsection (a); and
(B) is in need of such drugs and medicines for a service-connected
disability.
(2) Any veteran who--
(A) has a service-connected disability rated at 50 percent or more;
(B) is not being provided nursing home care for which payment is payable
under subsection (a); and
(C) is in need of such drugs and medicines.'.
(3) CONFORMING AMENDMENTS-
(A) CRITERIA FOR PAYMENT- Section 1741(a)(1) is amended by striking
`The' and inserting `Except as provided in section 1745 of this title,
the'.
(B) ELIGIBILITY FOR NURSING HOME CARE- Section 1710(a)(4) is amended--
(i) by striking `and' before `the requirement in section 1710B of this
title'; and
(ii) by inserting `, and the requirement in section 1745 of this title
to provide nursing home care and prescription medicines to veterans with
service-connected disabilities in State homes' after `a program of
extended care services'.
(4) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 17 is amended by inserting after the item relating to section
1744 the following new item:
1745. Nursing home care and medications for veterans with
service-connected disabilities.'.
(5) EFFECTIVE DATE- The amendments made by this subsection shall take
effect 90 days after the date of the enactment of this Act.
(b) Identification of Veterans in State Homes- Such chapter is further
amended--
(1) in section 1745, as added by subsection (a)(1) of this section, by
adding at the end the following new subsection:
(c) Any State home that requests payment or reimbursement for services
provided to a veteran under this section shall provide to the Secretary
such information as the Secretary considers necessary to identify each
individual veteran eligible for payment under such section.'; and
(2) in section 1741, by adding at the end the following new subsection:
(f) Any State home that requests payment or reimbursement for services
provided to a veteran under this section shall provide to the Secretary
such information as the Secretary considers necessary to identify each
individual veteran eligible for payment under such section.'.
(c) Authority To Treat Certain Health Facilities as State Homes-
(1) AUTHORITY- Subchapter III of chapter 81 is amended by adding at the
end the following new section:
Sec. 8138. Treatment of certain health facilities as State homes
(a) The Secretary may treat a health facility (or certain beds in a
health facility) as a State home for purposes of subchapter V of chapter
17 of this title if the following requirements are met:
(1) The facility (or certain beds in such facility) meets the standards
for the provision of nursing home care that are applicable to State
homes, as prescribed by the Secretary under section 8134(b) of this
title, and such other standards relating to the facility (or certain
beds in such facility) as the Secretary may require.
(2) The facility (or certain beds in such facility) is licensed or
certified by the appropriate State and local agencies charged with the
responsibility of licensing or otherwise regulating or inspecting State
home facilities.
(3) The State demonstrates in an application to the Secretary that, but
for the treatment of a facility (or certain beds in such facility), as a
State home under this subsection, a substantial number of veterans
residing in the geographic area in which the facility is located who
require nursing home care will not have access to such care.
(4) The Secretary determines that the treatment of the facility (or
certain beds in such facility) as a State home best meets the needs of
veterans for nursing home care in the geographic area in which the
facility is located.
(5) The Secretary approves the application submitted by the State with
respect to the facility (or certain beds in such facility).
(b) The Secretary may not treat a health facility (or certain beds in a
health facility) as a State home under subsection (a) if the Secretary
determines that such treatment would increase the number of beds
allocated to the State in excess of the limit on the number of beds
provided for by regulations prescribed under section 8134(a) of this
title.
(c) The number of beds occupied by veterans in a health facility for
which payment may be made under subchapter V of chapter 17 of this title
by reason of subsection (a) shall not exceed--
(1) 100 beds in the aggregate for all States; and
(2) in the case of any State, the difference between--
(A) the number of veterans authorized to be in beds in State homes in
such State under regulations prescribed under section 8134(a) of this
title; and
(B) the number of veterans actually in beds in State homes (other than
facilities or certain beds treated as State homes under subsection (a))
in such State under regulations prescribed under such section.
(d) The number of beds in a health facility in a State that has been
treated as a State home under subsection (a) shall be taken into account
in determining the unmet need for beds for State homes for the State
under section 8134(d)(1) of this title.
(e) The Secretary may not treat any new health facilities (or any new
certain beds in a health facility) as a State home under subsection (a)
after September 30, 2009.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 8137
the following new item:
8138. Treatment of certain health facilities as State homes.'.
SEC. 212. OFFICE OF RURAL HEALTH.
(a) In General-
(1) ESTABLISHMENT AND FUNCTIONS- Chapter 73 is amended by inserting
after section 7307 the following new section:
Sec. 7308. Office of Rural Health
(a) Establishment- There is established in the Department within the
Office of the Under Secretary for Health an office to be known as the
`Office of Rural Health' (in this section referred to as the `Office').
(b) Head- The Director of the Office of Rural Health shall be the head
of the Office. The Director of the Office of Rural Health shall be
appointed by the Under Secretary of Health from among individuals
qualified to perform the duties of the position.
(c) Functions- The functions of the Office are as follows:
(1) In cooperation with the medical, rehabilitation, health services,
and cooperative studies research programs in the Office of Policy and
the Office of Research and Development of the Veterans Health
Administration, to assist the Under Secretary for Health in conducting,
coordinating, promoting, and disseminating research into issues
affecting veterans living in rural areas.
(2) To work with all personnel and offices of the Department of Veterans
Affairs to develop, refine, and promulgate policies, best practices,
lessons learned, and innovative and successful programs to improve care
and services for veterans who reside in rural areas of the United
States.
(3) To designate in each Veterans Integrated Service Network (VISN) an
individual who shall consult on and coordinate the discharge in such
Network of programs and activities of the Office for veterans who reside
in rural areas of the United States.
(4) To perform such other functions and duties as the Secretary or the
Under Secretary for Health considers appropriate.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 7307
the following new item:
7308. Office of Rural Health.'.
(b) Assessment of Fee-Basis Health-Care Program- The Director of the
Office of Rural Health shall conduct an assessment of the effects of the
implementation of the fee-basis health-care program of the Veterans
Health Administration on the delivery of health-care services to
veterans who reside in rural areas of the United States. The assessment
shall be conducted in consultation with the individuals designated under
subsection (c)(3) of section 7308 of title 38, United States Code, as
added by subsection (a). In conducting the assessment, the Director
shall--
(1) identify various mechanisms for expanding the program in order to
enhance and improve health-care services for such veterans and determine
the feasibility and advisability of implementing such mechanisms; and
(2) for each mechanism determined under paragraph (1) to be feasible and
advisable to implement, make recommendations to the Under Secretary for
Health on the implementation of such mechanism.
(c) Plan To Improve Access and Quality of Care- Not later than September
30, 2007, the Director of the Office of Rural Health shall develop a
plan to improve the access and quality of care for enrolled veterans in
rural areas. The plan shall include--
(1) measures for meeting the long term care needs of rural veterans; and
(2) measures for meeting the mental health needs of veterans residing in
rural areas.
(d) Report on Community-Based Outpatient Clinics and Access Points
Identified in CARES May 2004 Decision Document- Not later than March 30,
2007, the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that--
(1) identifies each of the community-based outpatient clinics and access
points identified in the May 2004 Decision Document of Capital Asset
Realignment for Enhanced Services (CARES) that have been opened; and
(2) identifies each of the clinics and access points identified in such
report that would be opened in fiscal year 2007 or 2008 if funding were
available for such purpose.
SEC. 213. OUTREACH PROGRAM TO VETERANS IN RURAL AREAS.
(a) Program- The Secretary of Veterans Affairs shall conduct an
extensive outreach program to identify and provide information to
veterans who served in the theater of operations for Operation Iraqi
Freedom or Operation Enduring Freedom and who reside in rural
communities in order to enroll those veterans in the health-care system
of the Department of Veterans Affairs during the period when they are
eligible for such enrollment.
(b) Features of Program- In carrying out the program under subsection
(a), the Secretary shall seek to work at the local level with employers,
State agencies, community health centers located in rural areas, rural
health clinics, and critical access hospitals located in rural areas,
and units of the National Guard and other reserve components based in
rural areas, in order to increase the awareness of veterans and their
families of the availability of health care provided by the Secretary
and the means by which those veterans can achieve access to the
health-care services provided by the Department of Veterans Affairs.
SEC. 214. PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSISTANCE SERVICES.
(a) In General- Commencing not later than 120 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 various
mechanisms to expand and improve caregiver assistance services.
(b) Duration of Pilot Program- The pilot program required by subsection
(a) shall be carried out during the two-year period beginning on the
date of the commencement of the pilot program.
(c) Caregiver Assistance Services- For purposes of this section, the
term `caregiver assistance services' means services of the Department of
Veterans Affairs that assist caregivers of veterans. Such services
including the following:
(1) Adult-day health care services.
(2) Coordination of services needed by veterans, including services for
readjustment and rehabilitation.
(3) Transportation services.
(4) Caregiver support services, including education, training, and
certification of family members in caregiver activities.
(5) Home care services.
(6) Respite care.
(7) Hospice services.
(8) Any modalities of non-institutional long-term care.
(d) Authorization of Appropriations- There are authorized to be
appropriated to the Department of Veterans Affairs $5,000,000 for each
of fiscal years 2007 and 2008 to carry out the pilot program authorized
by this section.
(e) Allocation of Funds to Facilities- The Secretary shall allocate
funds appropriated pursuant to the authorization of appropriations in
subsection (d) to individual medical facilities of the Department in
such amounts as the Secretary determines appropriate, based upon
proposals submitted by such facilities for the use of such funds for
improvements to the support of the provision of caregiver assistance
services. Special consideration should be given to rural facilities,
including those without a long-term care facility of the Department.
(f) Report- Not later than one year after the date of the enactment of
this Act, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the implementation of this section.
The report shall include--
(1) a description and assessment of the activities carried out under the
pilot program;
(2) information on the allocation of funds to facilities of the
Department under subsection (e); and
(3) a description of the improvements made with funds so allocated to
the support of the provision of caregiver assistance services.
SEC. 215. EXPANSION OF OUTREACH ACTIVITIES OF VET CENTERS.
(a) Additional Outreach Workers- The Secretary of Veterans Affairs shall
employ not fewer than 100 veterans for the purpose of providing outreach
to veterans on the availability of readjustment counseling and related
mental health services for veterans under section 1712A of title 38,
United States Code.
(b) Construction With Current Outreach Program- The veterans employed
under subsection (a) are in addition to any veterans employed by the
Secretary for the purpose described in that subsection under the
February 2004 program of the Department of Veterans Affairs to provide
outreach described in that subsection.
(c) Assignment to Vet Centers- The Secretary may assign any veteran
employed under subsection (a) to any center for the provision of
readjustment counseling and related mental health services under section
1712A of title 38, United States Code, that the Secretary considers
appropriate in order to meet the purpose described in that subsection.
(d) Inapplicability and Termination of Limitation on Duration of
Employment- Any limitation on the duration of employment of veterans
under the program described in subsection (b) is hereby terminated and
shall not apply to veterans employed under such program or under this
section.
(e) Employment Status- Veterans employed under subsection (a) shall be
employed in career conditional status, which is the employment status in
which veterans are employed under the program described in subsection
(b).
SEC. 216. CLARIFICATION AND ENHANCEMENT OF BEREAVEMENT COUNSELING.
(a) Clarification of Members of Immediate Family Eligible for
Counseling- Subsection (b) of section 1783 is amended--
(1) by inserting `(1)' before `The Secretary'; and
(2) by adding at the end the following new paragraph:
(2) For purposes of this subsection, the members of the immediate family
of a member of the Armed Forces described in paragraph (1) include the
parents of such member.'.
(b) Provision of Counseling Through Vet Centers- Such section is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
(c) Provision of Counseling Through Vet Centers- Bereavement counseling
may be provided under this section through the facilities and personnel
of centers for the provision of readjustment counseling and related
mental health services under section 1712A of this title.'.
SEC. 217. FUNDING FOR VET CENTER PROGRAM.
There are authorized to be appropriated to the Department of Veterans
Affairs for fiscal year 2007 $180,000,000 for the provision of
readjustment counseling and related mental health services through
centers under section 1712A of title 38, United States Code.
TITLE III--EDUCATION MATTERS
SEC. 301. EXPANSION OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Expansion of Eligibility- Section 3501(a)(1) is amended--
(1) in the matter preceding subparagraph (A), by striking `means--' and
inserting `means any of the following:';
(2) in each of subparagraphs (A) through (D), by capitalizing the first
letter of the first word;
(3) in subparagraph (A)--
(A) by inserting after `a person who' the following: `, as a result of
qualifying service';
(B) by striking the comma at the end of clause (i) and inserting `; or';
(C) by striking `, or' at the end of clause (ii) and inserting a period;
and
(D) by striking clause (iii);
(4) in subparagraph (B) by striking the comma at the end and inserting
the following: `sustained during a period of qualifying service.';
(5) in subparagraph (C)--
(A) by inserting `or child' after `the spouse'; and
(B) by striking `, or' at the end and inserting a period;
(6) in subparagraph (D)--
(A) in clause (i), by inserting before the comma the following:
`sustained during a period of qualifying service'; and
(B) by striking the comma at the end and inserting a period;
(7) by inserting after subparagraph (D) the following new subparagraph:
(E) The spouse or child of a person who--
(i) at the time of the Secretary's determination under clause (ii), is a
member of the Armed Forces who is hospitalized or receiving outpatient
medical care, services, or treatment;
(ii) the Secretary determines has a total disability permanent in nature
incurred or aggravated in the line of duty in the active military,
naval, or air service; and
(iii) is likely to be discharged or released from such service for such
disability.'; and
(8) by striking `arising out of' and all that follows through the end.
(b) Conforming Amendments to Chapter 35- Chapter 35 is amended as
follows:
(1) Section 3501(a) is amended by adding at the end the following new
paragraph:
(12) The term `qualifying service' means service in the active military,
naval, or air service after the beginning of the Spanish-American War
that did not terminate under dishonorable conditions.'.
(2) Section 3511 is amended--
(A) in subsection (a)(1)--
(i) by striking `Each eligible person' and inserting the following:
`Each eligible person, whether made eligible by one or more of the
provisions of section 3501(a)(1) of this title,';
(ii) by striking `a period' and inserting `an aggregate period'; and
(iii) by striking the second sentence;
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking `the provisions of section 3501(a)(1)(A)(iii) or' and
inserting `section'; and
(II) by striking `or' at the end;
(ii) in paragraph (3)--
(I) by striking `section 3501(a)(1)(D)' and inserting `subparagraph (D)
or (E) of section 3501(a)(1)'; and
(II) by inserting `or' after the comma at the end; and
(iii) by inserting after paragraph (3) the following new paragraph:
(4) the parent or spouse from whom such eligibility is derived based
upon subparagraph (E) of section 3501(a)(1) of this title no longer
meets a requirement under clause (i), (ii), or (iii) of that
subparagraph,'; and
(C) by striking subsection (c).
(3) Section 3512 is amended--
(A) in subsection (a)--
(i) by striking `an eligible person (within the meaning of section
3501(a)(1)(A) of this title)' and inserting `an eligible person whose
eligibility is based on the death or disability of a parent or on a
parent being listed in one of the categories referred to in section
3501(a)(1)(C) of this title'; and
(ii) in paragraph (6), by striking `the provisions of section
3501(a)(1)(A)(iii)' and inserting `a parent being listed in one of the
categories referred to in section 3501(a)(1)(C)';
(B) in subsection (b)--
(i) in paragraph (1)(A)--
(I) by inserting after `section 3501(a)(1) of this title' the following:
`or a person made eligible by the disability of a spouse under section
3501(a)(1)(E) of this title'; and
(II) by striking `or 3501(a)(1)(D)(ii) of this title' and inserting
`3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title';
(ii) in paragraph (1)(B), by adding at the end the following new clause:
(iii) The date on which the Secretary notifies the member of the Armed
Forces from whom eligibility is derived that the member has a total
disability permanent in nature incurred or aggravated in the line of
duty in the active military, naval, or air service.'; and
(iii) in paragraph (2)--
(I) by striking `or (D) of this title' and inserting `(D), or (E) of
this title'; and
(II) by inserting `whose eligibility is based on the death or disability
of a spouse or on a spouse being listed in one of the categories
referred to in section 3501(a)(1)(C) of this title' after `of this
title)';
(C) in subsection (d), by striking `veteran' and inserting `person'; and
(D) in subsection (e)--
(i) by inserting `based on a spouse being listed in one of the
categories referred to in section 3501(a)(1)(C) of this title' after `of
this title';
(ii) by inserting `so' after `the spouse was'; and
(iii) by striking `by the Secretary' and all that follows through
`occurs'.
(4) Section 3540 is amended by striking `(as defined in subparagraphs
(A), (B), and (D) of section 3501(a)(1) of this title)' and inserting
`(other than a person made eligible under subparagraph (C) of such
section by reason of a spouse being listed in one of the categories
referred to in that subparagraph)'.
(5) Section 3563 is amended by striking `each eligible person defined in
section 3501(a)(1)(A) of this title' and inserting `each eligible person
whose eligibility is based on the death or disability of a parent or on
a parent being listed in one of the categories referred to in section
3501(a)(1)(C) of this title'.
(c) Other Conforming Amendments- Such title is further amended as
follows:
(1) Section 3686(a)(1) is amended by striking `or (D)' and inserting
`(D), or (E)'.
(2) Section 5113(b)(3) is amended--
(A) in subparagraph (B) by striking `section 3501(a)(1)' and all that
follows through the end and inserting the following: `subparagraphs (A),
(B), (D), and (E) of section 3501(a)(1) of this title.'; and
(B) in subparagraph (C)--
(i) by striking `such veteran's death' and inserting `the death of the
person from whom such eligibility is derived'; and
(ii) by striking `such veteran's service-connected total disability
permanent in nature' and inserting `the service-connected total
disability permanent in nature (or, in the case of a person made
eligible under section 3501(a)(1)(E), the total disability permanent in
nature incurred or aggravated in the line of duty in the active
military, naval, or air service) of the person from whom such
eligibility is derived'.
(d) Effective Date- The amendments made by this section shall apply with
respect to a payment of educational assistance for a course of education
pursued after the date of the enactment of this Act.
SEC. 302. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO
DISCONTINUE A PROGRAM OF EDUCATION BECAUSE OF BEING ORDERED TO FULL-TIME
NATIONAL GUARD DUTY.
(a) Restoration of Entitlement- Section 3511(a)(2)(B)(i) is amended by
inserting after `title 10' the following: `or of being involuntarily
ordered to full-time National Guard duty under section 502(f) of title
32'.
(b) Effective Date- The amendment made by subsection (a) shall apply
with respect to a payment of educational assistance allowance made after
September 11, 2001.
SEC. 303. EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-SPONSORED
NONACCREDITED COURSES TO REQUIREMENT OF REFUNDING UNUSED TUITION.
Section 3676(c)(13) is amended by striking `prior to completion' and all
that follows and inserting the following: `before completion and--
(A) in the case of an institution (other than (i) a Federal, State, or
local Government institution or (ii) an institution described in
subparagraph (B)), such policy provides that the amount charged to the
eligible person for tuition, fees, and other charges for a portion of
the course shall not exceed the approximate pro rata portion of the
total charges for tuition, fees, and other charges that the length of
the completed portion of the course bears to its total length; or
(B) in the case of an institution that is a nonaccredited public
educational institution, the institution has and maintains a refund
policy regarding the unused portion of tuition, fees, and other charges
that is substantially the same as the refund policy followed by
accredited public educational institutions located within the same State
as such institution.'.
SEC. 304. EXTENSION OF WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking `December 27, 2006' each place
it appears and inserting `June 30, 2007'.
SEC. 305. DEADLINE AND EXTENSION OF REQUIREMENT FOR REPORT ON
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Deadline- Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of Veterans Affairs
shall each submit to Congress a report containing the information
specified in subsections (b) and (c) of section 3036 of title 38, United
States Code.
(b) Extension of Requirement- Subsection (d) of section 3036 of title
38, United States Code, is amended by striking `January 1, 2005' and
inserting `January 1, 2011'.
SEC. 306. REPORT ON IMPROVEMENT IN ADMINISTRATION OF EDUCATIONAL
ASSISTANCE BENEFITS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to Congress a report on the
administration of education benefits, including benefits under chapters
30, 31, 32, 34, 35, and 36 of title 38, United States Code, and chapters
1606 and 1607 of title 10, United States Code. Such report shall propose
methods to streamline the processes and procedures of administering such
benefits.
SEC. 307. TECHNICAL AMENDMENTS RELATING TO EDUCATION LAWS.
Section 3485 is amended--
(1) in subsection (a)(4)(E), by inserting `or 1607' after `chapter
1606';
(2) in subsection (b), by striking `chapter 106' and inserting `chapter
1606 or 1607'; and
(3) in subsection (e)(1)--
(A) by striking `services of the kind described in clauses (A) through
(E) of subsection (a)(1) of this section' and inserting `a qualifying
work-study activity described in subsection (a)(4)'; and
(B) by striking `chapter 106' and inserting `chapter 1606 or 1607'.
TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS
SEC. 401. PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR MARKERS AND
MEMORIAL INSCRIPTIONS FOR DECEASED DEPENDENT CHILDREN OF VETERANS WHOSE
REMAINS ARE UNAVAILABLE FOR BURIAL.
(a) Provision of Memorial Headstones or Markers- Subsection (b) of
section 2306 is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
(C) An eligible dependent child of a veteran.'; and
(2) by adding at the end the following new paragraph:
(5) For purposes of this section, the term `eligible dependent child'
means a child--
(A) who is under 21 years of age, or under 23 years of age if pursuing a
course of instruction at an approved educational institution; or
(B) who is unmarried and became permanently physically or mentally
disabled and incapable of self-support before reaching 21 years of age,
or before reaching 23 years of age if pursuing a course of instruction
at an approved educational institution.'.
(b) Addition of Memorial Inscription to Headstone or Marker of Veteran-
Subsection (f) of such section is amended by inserting `or eligible
dependent child' after `surviving spouse' both places it appears.
(c) Effective Date- The amendments made by subsections (a) and (b) shall
apply with respect to individuals dying after the date of the enactment
of this Act.
SEC. 402. PROVISION OF GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS
AT PRIVATE CEMETERIES.
(a) Extension of Authority- Paragraph (3) of subsection (d) of section
2306 is amended by striking `December 31, 2006' and inserting `December
31, 2007'.
(b) Provision of Headstone or Marker-
(1) IN GENERAL- Such subsection is further amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking `Government marker' and inserting
`Government headstone or marker'; and
(ii) in the second sentence, by inserting `headstone or' before `marker'
each place it appears; and
(B) in paragraph (2), by inserting `headstone or' before `marker'.
(2) CONFORMING AMENDMENT- Subsection (g)(3) of such section is amended
by inserting `headstone or' before `marker'.
(c) Placement of Headstone or Marker- The second sentence of subsection
(d)(1) of such section, as amended by subsection (b)(1)(A)(ii), is
further amended by inserting before the period the following: `, or, if
placement on the grave is impossible or impracticable, as close as
possible to the grave within the grounds of the cemetery in which the
grave is located'.
(d) Delivery of Headstone or Marker- Subsection (d)(2) of such section,
as amended by subsection (b)(1)(B), is further amended by inserting
before the period the following: `or to a receiving agent for delivery
to the cemetery'.
(e) Repeal of Obsolete Report Requirement- Subsection (d) of such
section is further amended by striking paragraph (4).
(f) Scope of Headstones and Markers Furnished- Subsection (d) of such
section is further amended by inserting after paragraph (3) the
following new paragraph (4):
(4) The headstone or marker furnished under this subsection shall be the
headstone or marker selected by the individual making the request from
among all the headstones and markers made available by the Government
for selection.'.
SEC. 403. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR GRANTS FOR THE
ESTABLISHMENT OF VETERANS CEMETERIES ON TRUST LANDS.
Section 2408 is amended by adding at the end the following new
subsection:
(f)(1) The Secretary may make grants under this subsection to any tribal
organization to assist the tribal organization in establishing,
expanding, or improving veterans' cemeteries on trust land owned by, or
held in trust for, the tribal organization.
(2) Grants under this subsection shall be made in the same manner, and
under the same conditions, as grants to States are made under the
preceding provisions of this section.
(3) For purposes of this subsection:
(A) The term `tribal organization' has the meaning given that term in
section 3765(4) of this title.
(B) The term `trust land' has the meaning given that term in section
3765(1) of this title.'.
SEC. 404. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON
NATIONAL CEMETERY.
(a) Removal of Remains- The Secretary of the Army shall remove the
remains of Russell Wayne Wagner from Arlington National Cemetery.
(b) Notification of Next-of-Kin- The Secretary of the Army shall--
(1) notify the next-of-kin of record for Russell Wayne Wagner of the
impending removal of his remains; and
(2) upon removal, relinquish the remains to the next-of-kin of record
for Russell Wayne Wagner or, if the next-of-kin of record for Russell
Wayne Wagner is unavailable, arrange for an appropriate disposition of
the remains.
TITLE V--HOUSING AND SMALL BUSINESS MATTERS
SEC. 501. RESIDENTIAL COOPERATIVE HOUSING UNITS.
(a) Housing Benefits for Cooperative Housing Units- Subsection (a) of
section 3710 is amended by inserting after paragraph (11) the following
new paragraph:
(12) With respect to a loan guaranteed after the date of the enactment
of this paragraph and before the date that is five years after that
date, to purchase stock or membership in a cooperative housing
corporation for the purpose of entitling the veteran to occupy for
dwelling purposes a single family residential unit in a development,
project, or structure owned or leased by such corporation, in accordance
with subsection (h).'.
(b) Conditions of Housing Benefits for Cooperative Housing Units- Such
section is further amended by adding at the end the following new
subsection:
(h)(1) A loan may not be guaranteed under subsection (a)(12) unless--
(A) the development, project, or structure of the cooperative housing
corporation complies with such criteria as the Secretary prescribes in
regulations; and
(B) the dwelling unit that the purchase of stock or membership in the
development, project, or structure of the cooperative housing
corporation entitles the purchaser to occupy is a single family
residential unit.
(2) In this subsection, the term `cooperative housing corporation' has
the meaning given such term in section 216(b)(1) of the Internal Revenue
Code of 1986.
(3) When applying the term `value of the property' to a loan guaranteed
under subsection (a)(12), such term means the appraised value of the
stock or membership entitling the purchaser to the permanent occupancy
of the dwelling unit in the development, project, or structure of the
cooperative housing corporation.'.
SEC. 502. DEPARTMENT OF VETERANS AFFAIRS GOALS FOR PARTICIPATION BY
SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS IN PROCUREMENT
CONTRACTS.
(a) Goals-
(1) IN GENERAL- Subchapter II of chapter 81 is amended by adding at the
end the following new section:
Sec. 8127. Small business concerns owned and controlled by veterans:
contracting goals and preferences
(a) Contracting Goals- (1) In order to increase contracting
opportunities for small business concerns owned and controlled by
veterans and small business concerns owned and controlled by veterans
with service-connected disabilities, the Secretary shall--
(A) establish a goal for each fiscal year for participation in
Department contracts (including subcontracts) by small business concerns
owned and controlled by veterans who are not veterans with
service-connected disabilities in accordance with paragraph (2); and
(B) establish a goal for each fiscal year for participation in
Department contracts (including subcontracts) by small business concerns
owned and controlled by veterans with service-connected disabilities in
accordance with paragraph (3).
(2) The goal for a fiscal year for participation under paragraph (1)(A)
shall be determined by the Secretary.
(3) The goal for a fiscal year for participation under paragraph (1)(B)
shall be not less than the Government-wide goal for that fiscal year for
participation by small business concerns owned and controlled by
veterans with service-connected disabilities under section 15(g)(1) of
the Small Business Act (15 U.S.C. 644(g)(1)).
(4) The Secretary shall establish a review mechanism to ensure that, in
the case of a subcontract of a Department contract that is counted for
purposes of meeting a goal established pursuant to this section, the
subcontract was actually awarded to a business concern that may be
counted for purposes of meeting that goal.
(b) Use of Noncompetitive Procedures for Certain Small Contracts- For
purposes of meeting the goals under subsection (a), and in accordance
with this section, in entering into a contract with a small business
concern owned and controlled by veterans for an amount less than the
simplified acquisition threshold (as defined in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403)), a contracting
officer of the Department may use procedures other than competitive
procedures.
(c) Sole Source Contracts for Contracts Above Simplified Acquisition
Threshold- For purposes of meeting the goals under subsection (a), and
in accordance with this section, a contracting officer of the Department
may award a contract to a small business concern owned and controlled by
veterans using procedures other than competitive procedures if--
(1) such concern is determined to be a responsible source with respect
to performance of such contract opportunity;
(2) the anticipated award price of the contract (including options) will
exceed the simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will
not exceed $5,000,000; and
(3) in the estimation of the contracting officer, the contract award can
be made at a fair and reasonable price that offers best value to the
United States.
(d) Use of Restricted Competition- Except as provided in subsections (b)
and (c), for purposes of meeting the goals under subsection (a), and in
accordance with this section, a contracting officer of the Department
shall award contracts on the basis of competition restricted to small
business concerns owned and controlled by veterans if the contracting
officer has a reasonable expectation that two or more small business
concerns owned and controlled by veterans will submit offers and that
the award can be made at a fair and reasonable price that offers best
value to the United States.
(e) Eligibility of Small Business Concerns- A small business concern may
be awarded a contract under this section only if the small business
concern and the veteran owner of the small business concern are listed
in the database of veteran-owned businesses maintained by the Secretary
under subsection (f).
(f) Database of Veteran-Owned Businesses- (1) Subject to paragraphs (2)
through (6), the Secretary shall maintain a database of small business
concerns owned and controlled by veterans and the veteran owners of such
business concerns.
(2) To be eligible for inclusion in the database, such a veteran shall
submit to the Secretary such information as the Secretary may require
with respect to the small business concern or the veteran.
(3) Information maintained in the database shall be submitted on a
voluntary basis by such veterans.
(4) In maintaining the database, the Secretary shall carry out at least
the following two verification functions:
(A) Verification that each small business concern listed in the database
is owned and controlled by veterans.
(B) In the case of a veteran who indicates a service-connected
disability, verification of the service-disabled status of such veteran.
(5) The Secretary shall make the database available to all Federal
departments and agencies and shall notify each such department and
agency of the availability of the database.
(6) If the Secretary determines that the public dissemination of certain
types of information maintained in the database is inappropriate, the
Secretary shall take such steps as are necessary to maintain such types
of information in a secure and confidential manner.
(g) Enforcement Penalties for Misrepresentation- Any business concern
that is determined by the Secretary to have misrepresented the status of
that concern as a small business concern owned and controlled by
veterans or as a small business concern owned and controlled by
service-disabled veterans for purposes of this subsection shall be
debarred from contracting with the Department for a reasonable period of
time, as determined by the Secretary.
(h) Treatment of Businesses After Death of Veteran-Owner- (1) Subject to
paragraph (3), if the death of a veteran causes a small business concern
to be less than 51 percent owned by one or more veterans, the surviving
spouse of such veteran who acquires ownership rights in such small
business concern shall, for the period described in paragraph (2), be
treated as if the surviving spouse were that veteran for the purpose of
maintaining the status of the small business concern as a small business
concern owned and controlled by veterans.
(2) The period referred to in paragraph (1) is the period beginning on
the date on which the veteran dies and ending on the earliest of the
following dates:
(A) The date on which the surviving spouse remarries.
(B) The date on which the surviving spouse relinquishes an ownership
interest in the small business concern.
(C) The date that is ten years after the date of the veteran's death.
(3) Paragraph (1) only applies to a surviving spouse of a veteran with a
service-connected disability rated as 100 percent disabling or who dies
as a result of a service-connected disability.
(i) Priority for Contracting Preferences- Preferences for awarding
contracts to small business concerns shall be applied in the following
order of priority:
(1) Contracts awarded pursuant to subsection (b), (c), or (d) to small
business concerns owned and controlled by veterans with
service-connected disabilities.
(2) Contracts awarded pursuant to subsection (b), (c), or (d) to small
business concerns owned and controlled by veterans that are not covered
by paragraph (1).
(3) Contracts awarded pursuant to--
(A) section 8(a) of the Small Business Act (15 U.S.C. 637(a)); or
(B) section 31 of such Act (15 U.S.C. 657a).
(4) Contracts awarded pursuant to any other small business contracting
preference.
(j) Annual Reports- Not later than December 31 each year, the Secretary
shall submit to Congress a report on small business contracting during
the fiscal year ending in such year. Each report shall include, for the
fiscal year covered by such report, the following:
(1) The percentage of the total amount of all contracts awarded by the
Department during that fiscal year that were awarded to small business
concerns owned and controlled by veterans.
(2) The percentage of the total amount of all such contracts awarded to
small business concerns owned and controlled by veterans with
service-connected disabilities.
(3) The percentage of the total amount of all contracts awarded by each
Administration of the Department during that fiscal year that were
awarded to small business concerns owned and controlled by veterans.
(4) The percentage of the total amount of all contracts awarded by each
such Administration during that fiscal year that were awarded to small
business concerns owned and controlled by veterans with
service-connected disabilities.
(k) Definitions- In this section:
(1) The term `small business concern' has the meaning given that term
under section 3 of the Small Business Act (15 U.S.C. 632).
(2) The term `small business concern owned and controlled by veterans'
means a small business concern--
(A)(i) not less than 51 percent of which is owned by one or more
veterans or, in the case of a publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(ii) the management and daily business operations of which are
controlled by one or more veterans; or
(B) not less than 51 percent of which is owned by one or more veterans
with service-connected disabilities that are permanent and total who are
unable to manage the daily business operations of such concern or, in
the case of a publicly owned business, not less than 51 percent of the
stock of which is owned by one or more such veterans.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 8126
the following new item:
8127. Small business concerns owned and controlled by veterans:
contracting goals and preferences.'.
(b) Transition Rule- A small business concern that is listed in any
small business database maintained by the Secretary of Veterans Affairs
on the date of the enactment of this Act shall be presumed to be
eligible for inclusion in the database under subsection (f) of section
8127 of title 38, United States Code, as added by subsection (a), during
the period beginning on the effective date of that section and ending
one year after such effective date. Such a small business concern may be
removed from the database during that period if it is found not to be a
small business concern owned and controlled by veterans (as defined in
subsection (k) of such section).
(c) Comptroller General Study and Report-
(1) STUDY REQUIRED- During the first three fiscal years for which this
section is in effect, the Comptroller General shall conduct a study on
the efforts made by the Secretary of Veterans Affairs to meet the
contracting goals established pursuant to section 8127 of title 38,
United States Code, as added by subsection (a).
(2) INFORMATION TO CONGRESS ON STUDY- On or before January 31 of each
year during which the Comptroller General conducts the study under
paragraph (1), the Comptroller General shall brief Congress on such
study, placing special emphasis on any structural or organizational
issues within the Department of Veterans Affairs that might act as an
impediment to reaching such contracting goals.
(3) REPORT- Not later than 180 days after the end of the three-year
period during which the Comptroller General conducts the study under
paragraph (1), the Comptroller General shall submit to Congress a report
on the findings of such study.
(d) Effective Date- This section and the amendments made by this section
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
SEC. 503. DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PRIORITY FOR
VETERAN-OWNED SMALL BUSINESSES.
(a) Priority for Veteran-Owned Small Businesses-
(1) IN GENERAL- Subchapter II of chapter 81, as amended by section 502
of this Act, is further amended by adding at the end the following new
section:
Sec. 8128. Small business concerns owned and controlled by veterans:
contracting priority
(a) Contracting Priority- In procuring goods and services pursuant to a
contracting preference under this title or any other provision of law,
the Secretary shall give priority to a small business concern owned and
controlled by veterans, if such business concern also meets the
requirements of that contracting preference.
(b) Definition- For purposes of this section, the term `small business
concern owned and controlled by veterans' means a small business concern
that is included in the small business database maintained by the
Secretary under section 8127(f) of this title.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter, as so amended, is further amended by inserting after the item
relating to section 8127 the following new item:
8128. Small business concerns owned and controlled by veterans:
contracting priority.'.
(b) Effective Date- This section and the amendments made by this section
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
TITLE VI--EMPLOYMENT AND TRAINING MATTERS
SEC. 601. TRAINING OF NEW DISABLED VETERANS' OUTREACH PROGRAM
SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES BY NVTI
REQUIRED.
(a) Training Required- Section 4102A(c) is amended by adding at the end
the following new paragraph:
(8)(A) As a condition of a grant or contract under which funds are made
available to a State in order to carry out section 4103A or 4104 of this
title, the Secretary shall require the State to require each employee
hired by the State who is assigned to perform the duties of a disabled
veterans' outreach program specialist or a local veterans' employment
representative under this chapter to satisfactorily complete training
provided by the National Veterans' Employment and Training Services
Institute during the three-year period that begins on the date on which
the employee is so assigned.
(B) For any employee described in subparagraph (A) who does not complete
such training during such period, the Secretary may reduce by an
appropriate amount the amount made available to the State employing that
employee.
(C) The Secretary may establish such reasonable exceptions to the
completion of training otherwise required under subparagraph (A) as the
Secretary considers appropriate.'.
(b) Submission of Employee Training Information Required- Section
4102A(c)(2)(A) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new clause (iii):
(iii) For each employee of the State who is assigned to perform the
duties of a disabled veterans' outreach program specialist or a local
veterans' employment representative under this chapter--
(I) the date on which the employee is so assigned; and
(II) whether the employee has satisfactorily completed such training by
the National Veterans' Employment and Training Services Institute as the
Secretary requires for purposes of paragraph (8).'.
(c) Applicability- Paragraph (8) of section 4102A(c) of title 38, United
States Code, as added by subsection (a), and clause (iii) of section
4102A(c)(2)(A) of such title, as added by subsection (b), shall apply
with respect to a State employee assigned to perform the duties of a
disabled veterans' outreach program specialist or a local veterans'
employment representative under chapter 41 of such title who is so
assigned on or after January 1, 2006.
SEC. 602. RULES FOR PART-TIME EMPLOYMENT FOR DISABLED VETERANS' OUTREACH
PROGRAM SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Disabled Veterans' Outreach Program Specialists- Section 4103A is
amended by adding at the end the following new subsection:
(c) Part-Time Employees- A part-time disabled veterans' outreach program
specialist shall perform the functions of a disabled veterans' outreach
program specialist under this section on a half-time basis.'.
(b) Local Veterans' Employment Representatives- Section 4104 is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
(d) Part-Time Employees- A part-time local veterans' employment
representative shall perform the functions of a local veterans'
employment representative under this section on a half-time basis.'.
(c) Effective Date- Section 4103A(c) of title 38, United States Code, as
added by subsection (a), and section 4104(d) of such title, as amended
by subsection (b), shall apply with respect to pay periods beginning
after the date that is 180 days after the date of the enactment of this
Act.
SEC. 603. PERFORMANCE INCENTIVE AWARDS FOR EMPLOYMENT SERVICE OFFICES.
(a) Provision of Incentives to Employment Service Offices- Section 4112
is amended--
(1) in subsection (a)(1)(B), by inserting `and employment service
offices' after `recognize eligible employees'; and
(2) in subsection (c)--
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2)--
(i) by striking `is' and inserting `in the case of such an award made to
an eligible employee, shall be'; and
(ii) by striking the period at the end and inserting the following: `;
and'; and
(C) by adding at the end the following new paragraph:
(3) in the case of such an award made to an employment service office,
may be used by that employment service office for any purpose.'.
(b) Conforming Amendment- The heading for subsection (c) of such section
is amended to read as follows: `Administration and Use of Awards- '.
SEC. 604. DEMONSTRATION PROJECT ON CREDENTIALING AND LICENSURE OF
VETERANS.
(a) Establishment of Demonstration Project-
(1) IN GENERAL- Chapter 41 is amended by adding at the end the following
new section:
Sec. 4114. Credentialing and licensure of veterans: demonstration
project
(a) Demonstration Project Authorized- The Assistant Secretary for
Veterans' Employment and Training may carry out a demonstration project
on credentialing in accordance with this section for the purpose of
facilitating the seamless transition of members of the Armed Forces from
service on active duty to civilian employment.
(b) Identification of Military Occupational Specialties and Associated
Credentials and Licenses- (1) The Assistant Secretary shall select not
less than 10 military occupational specialties for purposes of the
demonstration project. Each specialty so selected by the Assistant
Secretary shall require a skill or set of skills that is required for
civilian employment in an industry with high growth or high worker
demand.
(2) The Assistant Secretary shall consult with appropriate Federal,
State, and industry officials to identify requirements for credentials,
certifications, and licenses that require a skill or set of skills
required by a military occupational specialty selected under paragraph
(1).
(3) The Assistant Secretary shall analyze the requirements identified
under paragraph (2) to determine which requirements may be satisfied by
the skills, training, or experience acquired by members of the Armed
Forces with the military occupational specialties selected under
paragraph (1).
(c) Elimination of Barriers to Credentialing and Licensure- The
Assistant Secretary shall cooperate with appropriate Federal, State, and
industry officials to reduce or eliminate any barriers to providing a
credential, certification, or license to a veteran who acquired any
skill, training, or experience while serving as a member of the Armed
Forces with a military occupational specialty selected under subsection
(b)(1) that satisfies the Federal and State requirements for the
credential, certification, or license.
(d) Task Force- The Assistant Secretary may establish a task force of
individuals with appropriate expertise to provide assistance to the
Assistant Secretary in carrying out this section.
(e) Consultation- In carrying out this section, the Assistant Secretary
shall consult with the Secretary of Defense, the Secretary of Veterans
Affairs, appropriate Federal and State officials, private-sector
employers, labor organizations, and industry trade associations.
(f) Contract Authority- For purposes of carrying out any part of the
demonstration project under this section, the Assistant Secretary may
enter into a contract with a public or private entity with appropriate
expertise.
(g) Period of Project- The period during which the Assistant Secretary
may carry out the demonstration project under this section shall be the
period beginning on the date that is 60 days after the date of the
enactment of the Veterans Benefits, Health Care, and Information
Technology Act of 2006 and ending on September 30, 2009.
(h) Funding- The Assistant Secretary may carry out the demonstration
project under this section utilizing unobligated funds that are
appropriated in accordance with the authorization set forth in section
4106 of this title.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
4114. Credentialing and licensure of veterans: demonstration project.'.
(b) Membership of Advisory Committee on Veterans Employment, Training,
and Employer Outreach- Section 4110(c)(1)(A) is amended--
(1) by striking `Six' and inserting `Seven'; and
(2) by adding at the end the following new clause:
(vii) The National Governors Association.'.
SEC. 605. DEPARTMENT OF LABOR IMPLEMENTATION OF REGULATIONS FOR PRIORITY
OF SERVICE.
Not later than two years after the date of the enactment of this Act,
the Secretary of Labor shall prescribe regulations to implement section
4215 of title 38, United States Code.
TITLE VII--HOMELESS VETERANS ASSISTANCE
SEC. 701. REAFFIRMATION OF NATIONAL GOAL TO END HOMELESSNESS AMONG
VETERANS.
(a) Reaffirmation- Congress reaffirms the national goal to end chronic
homelessness among veterans within a decade of the enactment of the
Homeless Veterans Comprehensive Assistance Act of 2001 (Public Law
107-95; 115 Stat. 903).
(b) Reaffirmation of Encouragement of Cooperative Efforts- Congress
reaffirms its encouragement, as specified in the Homeless Veterans
Comprehensive Assistance Act of 2001 (Public Law 107-95; 115 Stat. 903),
that all departments and agencies of the Federal, State, and local
governments, quasi-governmental organizations, private and public sector
entities, including community-based organizations, faith-based
organizations, and individuals, work cooperatively to end chronic
homelessness among veterans.
SEC. 702. SENSE OF CONGRESS ON THE RESPONSE OF THE FEDERAL GOVERNMENT TO
THE NEEDS OF HOMELESS VETERANS.
It is the sense of Congress that--
(1) homelessness is a significant problem in the veterans community and
veterans are disproportionately represented among the homeless
population;
(2) while many effective programs assist homeless veterans to become,
once again, productive and self-sufficient members of their communities
and society, all the essential services, assistance, and support that
homeless veterans require are not currently provided;
(3) federally funded programs for homeless veterans should be held
accountable for achieving clearly defined results;
(4) Federal efforts to assist homeless veterans should include
prevention of homelessness;
(5) Federal efforts regarding homeless veterans should be particularly
vigorous where women veterans have minor children in their care;
(6) Federal agencies, particularly the Department of Veterans Affairs,
the Department of Labor, and the Department of Housing and Urban
Development, should cooperate more fully to address the problem of
homelessness among veterans; and
(7) the programs reauthorized by this title provide important housing
and services to homeless veterans.
SEC. 703. AUTHORITY TO MAKE GRANTS FOR COMPREHENSIVE SERVICE PROGRAMS
FOR HOMELESS VETERANS.
(a) Permanent Authority- Section 2011(a) is amended--
(1) by striking paragraph (2); and
(2) in paragraph (1)--
(A) by striking `(1)'; and
(B) by redesignating subparagraphs (A) through (D) as paragraphs (1)
through (4), respectively.
(b) Authorization of Appropriations- The text of section 2013 is amended
to read as follows: `There is authorized to be appropriated to carry out
this subchapter $130,000,000 for fiscal year 2007 and each fiscal year
thereafter.'.
SEC. 704. EXTENSION OF TREATMENT AND REHABILITATION FOR SERIOUSLY
MENTALLY ILL AND HOMELESS VETERANS.
(a) Extension of Authority for General Treatment- Section 2031(b) is
amended by striking `December 31, 2006' and inserting `December 31,
2011'.
(b) Extension of Authority for Additional Services- Section 2033(d) is
amended by striking `December 31, 2006' and inserting `December 31,
2011'.
SEC. 705. EXTENSION OF AUTHORITY FOR TRANSFER OF PROPERTIES OBTAINED
THROUGH FORECLOSURE OF HOME MORTGAGES.
Section 2041(c) is amended by striking `December 31, 2008' and inserting
`December 31, 2011'.
SEC. 706. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS
WITH SPECIAL NEEDS.
Section 2061(c)(1) is amended--
(1) by striking `Medical Care' and inserting `Medical Services'; and
(2) by striking `fiscal years 2003, 2004, and 2005' and inserting
`fiscal years 2007 through 2011'.
SEC. 707. EXTENSION OF FUNDING FOR HOMELESS VETERAN SERVICE PROVIDER
TECHNICAL ASSISTANCE PROGRAM.
Subsection (b) of section 2064 is amended to read as follows:
(b) Authorization of Appropriations- There are authorized to be
appropriated $1,000,000 for each of fiscal years 2007 through 2012 to
carry out the program under this section.'.
SEC. 708. ADDITIONAL ELEMENT IN ANNUAL REPORT ON ASSISTANCE TO HOMELESS
VETERANS.
Section 2065(b) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph (5):
(5) Information on the efforts of the Secretary to coordinate the
delivery of housing and services to homeless veterans with other Federal
departments and agencies, including--
(A) the Department of Defense;
(B) the Department of Health and Human Services;
(C) the Department of Housing and Urban Development;
(D) the Department of Justice;
(E) the Department of Labor;
(F) the Interagency Council on Homelessness;
(G) the Social Security Administration; and
(H) any other Federal department or agency with which the Secretary
coordinates the delivery of housing and services to homeless veterans.'.
SEC. 709. ADVISORY COMMITTEE ON HOMELESS VETERANS.
(a) Additional Ex Officio Members- Subsection (a)(3) of section 2066 is
amended by adding at the end the following new subparagraphs:
(E) The Executive Director of the Interagency Council on Homelessness
(or a representative of the Executive Director).
(F) The Under Secretary for Health (or a representative of the Under
Secretary after consultation with the Director of the Office of Homeless
Veterans Programs).
(G) The Under Secretary for Benefits (or a representative of the Under
Secretary after consultation with the Director of the Office of Homeless
Veterans Programs).'.
(b) Extension- Subsection (d) of such section is amended by striking
`December 31, 2006' and inserting `December 30, 2011'.
SEC. 710. RENTAL ASSISTANCE VOUCHERS FOR VETERANS AFFAIRS SUPPORTED
HOUSING PROGRAM.
Section (8)(o)(19)(B) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)(B)) is amended to read as follows:
(B) AMOUNT- The amount specified in this subparagraph is--
(i) for fiscal year 2007, the amount necessary to provide 500 vouchers
for rental assistance under this subsection;
(ii) for fiscal year 2008, the amount necessary to provide 1,000
vouchers for rental assistance under this subsection;
(iii) for fiscal year 2009, the amount necessary to provide 1,500
vouchers for rental assistance under this subsection;
(iv) for fiscal year 2010, the amount necessary to provide 2,000
vouchers for rental assistance under this subsection; and
(v) for fiscal year 2011, the amount necessary to provide 2,500 vouchers
for rental assistance under this subsection.'.
TITLE VIII--CONSTRUCTION MATTERS
Subtitle A--Construction and Lease Authorities
SEC. 801. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL FACILITY
PROJECTS.
(a) In General- The Secretary of Veterans Affairs may carry out the
following major medical facility projects in fiscal year 2006, with each
project to be carried out in the amount specified for that project:
(1) Restoration, new construction or replacement of the medical center
facility for the Department of Veterans Affairs Medical Center, New
Orleans, Louisiana, due to damage from Hurricane Katrina in an amount
not to exceed $300,000,000. The Secretary is authorized to carry out the
project in or near New Orleans as a collaborative effort consistent with
the New Orleans Collaborative Opportunities Study Group Report dated
June 12, 2006.
(2) Restoration of the Department of Veterans Affairs Medical Center,
Biloxi, Mississippi, and consolidation of services performed at the
Department of Veterans Affairs Medical Center, Gulfport, Mississippi, in
an amount not to exceed $310,000,000.
(3) Replacement of the Department of Veterans Affairs Medical Center,
Denver, Colorado, in an amount not to exceed $98,000,000.
(b) Report on Replacement of Department of Veterans Affairs Medical
Center, Denver, Colorado- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report identifying
and outlining the various options available to the Department of
Veterans Affairs for replacing the current Department of Veterans
Affairs Medical Center, Denver, Colorado. The report shall include the
following:
(1) The feasibility of entering into a partnership with a Federal,
State, or local governmental agency, or a suitable non-profit
organization, for the construction and operation of a new facility.
(2) The medical, legal, and financial implications of each of the
options identified, including recommendations regarding any statutory
changes necessary for the Department of Veterans Affairs to carry out
any of the options identified.
(3) A detailed cost-benefit analysis of each of the options identified.
(4) Estimates regarding the length of time and associated costs needed
to complete such a facility under each of the options identified.
SEC. 802. EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED IN CONNECTION WITH CAPITAL
ASSET REALIGNMENT INITIATIVE.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects, with each such project to be carried out in
the amount specified for that project:
(1) Construction of an outpatient clinic and regional office at the
Department of Veterans Affairs Medical Center, Anchorage, Alaska, in an
amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions of the
Department of Veterans Affairs Medical Center, Cleveland, Ohio, and the
Department of Veterans Affairs Medical Center in Brecksville, Ohio, in
an amount not to exceed $102,300,000.
(3) Construction of the Extended Care Building at the Department of
Veterans Affairs Medical Center, Des Moines, Iowa, in an amount not to
exceed $25,000,000.
(4) Renovation of patient wards at the Department of Veterans Affairs
Medical Center, Durham, North Carolina, in an amount not to exceed
$9,100,000.
(5) Correction of patient privacy deficiencies at the Department of
Veterans Affairs Medical Center, Gainesville, Florida, in an amount not
to exceed $85,200,000.
(6) 7th and 8th floor wards modernization addition at the Department of
Veterans Affairs Medical Center, Indianapolis, Indiana, in an amount not
to exceed $27,400,000.
(7) Construction of a new Medical Center Facility at the Department of
Veterans Affairs Medical Center, Las Vegas, Nevada, in an amount not to
exceed $406,000,000.
(8) Construction of an ambulatory surgery/outpatient diagnostic support
center in the Gulf South Submarket of Veterans Integrated Service
Network (VISN) 8 and completion of Phase I land purchase, Lee County,
Florida, in an amount not to exceed $65,100,000.
(9) Seismic corrections, Buildings 7 and 126 at the Department of
Veterans Affairs Medical Center, Long Beach, California, in an amount
not to exceed $107,845,000.
(10) Seismic Corrections, Buildings 500 and 501 at the Department of
Veterans Affairs Medical Center, Los Angeles, California, in an amount
not to exceed $79,900,000.
(11) Construction of a new medical center facility in the Orlando,
Florida, area in an amount not to exceed $377,700,000.
(12) Consolidation of campuses at the University Drive and H. John Heinz
III divisions, Pittsburgh, Pennsylvania, in an amount not to exceed
$189,205,000.
(13) Ward upgrades and expansion at the Department of Veterans Affairs
Medical Center, San Antonio, Texas, in an amount not to exceed
$19,100,000.
(14) Construction of a spinal cord injury center at the Department of
Veterans Affairs Medical Center, Syracuse, New York, in an amount not to
exceed $77,700,000.
(15) Upgrade essential electrical distribution systems at the Department
of Veterans Affairs Medical Center, Tampa, Florida, in an amount not to
exceed $49,000,000.
(16) Expansion of the spinal cord injury center addition at the
Department of Veterans Affairs Medical Center, Tampa, Florida, in an
amount not to exceed $7,100,000.
(17) Blind Rehabilitation and Psychiatric Bed renovation and new
construction project at the Department of Veterans Affairs Medical
Center, Temple, Texas, in an amount not to exceed $56,000,000.
SEC. 803. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL FACILITY
PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2007 in the amount specified
for each project:
(1) Seismic Corrections, Nursing Home Care Unit and Dietetics at the
Department of Veterans Affairs Medical Center, American Lake,
Washington, in an amount not to exceed $38,220,000.
(2) Replacement of Operating Suite at the Department of Veterans Affairs
Medical Center, Columbia, Missouri, in an amount not to exceed
$25,830,000.
(3) Construction of a new clinical addition at the Department of
Veterans Affairs Medical Center, Fayetteville, Arkansas, in an amount
not to exceed $56,163,000.
(4) Construction of Spinal Cord Injury Center at the Department of
Veterans Affairs Medical Center, Milwaukee, Wisconsin, in an amount not
to exceed $32,500,000.
(5) Medical facility improvements and cemetery expansion of Jefferson
Barracks at the Department of Veterans Affairs Medical Center, St.
Louis, Missouri, in an amount not to exceed $69,053,000.
SEC. 804. AUTHORIZATION OF ADVANCE PLANNING AND DESIGN FOR A MAJOR
MEDICAL FACILITY, CHARLESTON, SOUTH CAROLINA.
(a) Agreement Authorized- The Secretary of Veterans Affairs may enter
into an agreement with the Medical University of South Carolina to
design, and plan for the operation of, a co-located joint-use medical
facility in Charleston, South Carolina, to replace the Ralph H. Johnson
Department of Veterans Affairs Medical Center, Charleston, South
Carolina.
(b) Cost Limitation- Advance planning and design for a co-located,
joint-use medical facility in Charleston, South Carolina, under
subsection (a) shall be carried out in an amount not to exceed
$36,800,000.
(c) Limitation on Naming- A joint-use medical facility referred to in
subsection (a) may not be named by the Secretary of Veterans Affairs or
any other entity after any living Member or former Member of the Senate
or House of Representatives.
SEC. 805. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following major
medical facility leases in fiscal year 2006 at the locations specified,
and in an amount for each lease not to exceed the amount shown for such
location:
(1) For an outpatient clinic, Baltimore, Maryland, $10,908,000.
(2) For an outpatient clinic, Evansville, Indiana, $8,989,000.
(3) For an outpatient clinic, Smith County, Texas, $5,093,000.
SEC. 806. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following major
medical facility leases in fiscal year 2007 at the locations specified,
and in an amount for each lease not to exceed the amount shown for such
location:
(1) For an outpatient and specialty care clinic, Austin, Texas,
$6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts, $2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan, $4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada, $8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2006 Major Medical
Facility Projects- There is authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 2006 for the Construction,
Major Projects, account, $708,000,000 for the projects authorized in
section 801(a).
(b) Authorization of Appropriations for Major Medical Facility Projects
Under Capital Asset Realignment Initiative-
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal year 2007
for the Construction, Major Projects, account, $1,758,920,000 for the
projects whose authorization is extended by section 802.
(2) AVAILABILITY- Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until September
30, 2009.
(c) Authorization of Appropriations for Fiscal Year 2007 Major Medical
Facility Projects- There is authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 2007 for the Construction,
Major Projects, account, $221,766,000 for the projects authorized in
section 803.
(d) Authorization of Appropriations for Advance Planning and Design for
Major Medical Facility, Charleston, South Carolina- There is authorized
to be appropriated to the Secretary of Veterans Affairs for the
Construction, Major Projects, account, $36,800,000 for the advance
planning and design authorized in section 804.
(e) Authorization of Appropriations for Major Medical Facility Leases-
(1) FISCAL YEAR 2006 LEASES- There is authorized to be appropriated for
the Secretary of Veterans Affairs for fiscal year 2006 for the Medical
Care account, $24,990,000 for the leases authorized in section 805.
(2) FISCAL YEAR 2007 LEASES- There is authorized to be appropriated for
the Secretary of Veterans Affairs for fiscal year 2007 for the Medical
Care account, $26,642,000 for the leases authorized in section 806.
(f) Limitation- The projects authorized in sections 801(a) and 802 may
only be carried out using--
(1) funds appropriated for fiscal year 2006 or 2007 pursuant to the
authorization of appropriations in subsections (a), (b), and (c) of this
section;
(2) funds available for Construction, Major Projects, for a fiscal year
before fiscal year 2006 that remain available for obligation;
(3) funds available for Construction, Major Projects, for a fiscal year
after fiscal year 2006 or 2007 that are available for obligation; and
(4) funds appropriated for Construction, Major Projects, for fiscal year
2006 or 2007 for a category of activity not specific to a project.
Subtitle B--Facilities Administration
SEC. 811. DIRECTOR OF CONSTRUCTION AND FACILITIES MANAGEMENT.
(a) Establishment of Position- Chapter 3 is amended by inserting after
section 312 the following new section:
Sec. 312A. Director of Construction and Facilities Management
(a) In General- (1) There is in the Department a Director of
Construction and Facilities Management, who shall be appointed by the
Secretary.
(2) The position of Director of Construction and Facilities Management
is a career reserved position, as such term is defined in section
3132(a)(8) of title 5.
(3) The Director shall provide direct support to the Secretary in
matters covered by the responsibilities of the Director under subsection
(c).
(4) The Director shall report to the Deputy Secretary in the discharge
of the responsibilities of the Director under subsection (c).
(b) Qualifications- Each individual appointed as Director of
Construction and Facilities Management shall be an individual who--
(1) holds an undergraduate or master's degree in architectural design or
engineering; and
(2) has substantive professional experience in the area of construction
project management.
(c) Responsibilities- (1) The Director of Construction and Facilities
Management shall--
(A) be responsible for overseeing and managing the planning, design,
construction, and operation of facilities and infrastructure of the
Department, including major and minor construction projects; and
(B) perform such other functions as the Secretary shall prescribe.
(2) In carrying out the oversight and management of construction and
operation of facilities and infrastructure under this section, the
Director shall be responsible for the following:
(A) Development and updating of short-range and long-range strategic
capital investment strategies and plans of the Department.
(B) Planning, design, and construction of facilities for the Department,
including determining architectural and engineering requirements and
ensuring compliance of the Department with applicable laws relating to
the construction program of the Department.
(C) Management of the short-term and long-term leasing of real property
by the Department.
(D) Repair and maintenance of facilities of the Department, including
custodial services, building management and administration, and
maintenance of roads, grounds, and infrastructure.
(E) Management of procurement and acquisition processes relating to the
construction and operation of facilities of the Department, including
the award of contracts related to design, construction, furnishing, and
supplies and equipment.'.
(b) Clerical Amendment- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 312
the following new item:
312A. Director of Construction and Facilities Management.'.
SEC. 812. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY PROJECTS.
Section 8104(a)(3)(A) is amended by striking `$7,000,000' and inserting
`$10,000,000'.
SEC. 813. LAND CONVEYANCE, CITY OF FORT THOMAS, KENTUCKY.
(a) Conveyance Authorized- The Secretary of Veterans Affairs may convey
to the city of Fort Thomas, Kentucky (in this section referred to as the
`City'), all right, title, and interest of the United States in and to a
parcel of real property, including the 15 structures located thereon,
consisting of approximately 11.75 acres that is managed by the
Department of Veterans Affairs and located in the northeastern portion
of Tower Park in Fort Thomas, Kentucky. Any such conveyance shall be
subject to valid existing rights, easements, and rights-of-way.
(b) Consideration- As consideration for the conveyance under subsection
(a), the City shall pay to the United States an amount equal to the fair
market value of the conveyed real property, as determined by the
Secretary.
(c) Treatment of Consideration- The consideration received under
subsection (b) shall be deposited, at the discretion of the Secretary,
in the `Medical Facilities' account or the `Construction, Minor
Projects' account (or a combination of those accounts) and shall be
available to the Secretary, without limitation and until expended--
(1) to cover costs incurred by the Secretary associated with the
environmental remediation of the real property before conveyance under
subsection (a); and
(2) with any funds remaining after the Secretary has covered costs as
required under paragraph (1), for acquisition of a site for use as a
parking facility, or contract (by lease or otherwise) for the operation
of a parking facility, to be used in connection with the Department of
Veterans Affairs Medical Facility, Cincinnati, Ohio.
(d) Release From Liability- Effective on the date of the conveyance
under subsection (a), the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to the conveyed
real property, but shall continue to be liable for damages caused by
acts of negligence committed by the United States or by any employee or
agent of the United States before the date of conveyance, consistent
with chapter 171 of title 28, United States Code.
(e) Payment of Costs of Conveyance-
(1) PAYMENT REQUIRED- The Secretary shall require the City to cover
costs to be incurred by the Secretary, or to reimburse the Secretary for
costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the conveyance.
If amounts are collected from the City in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the City.
(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursement
under paragraph (1) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts in such
fund or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(f) Description of Property- The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers necessary to protect the
interests of the United States.
Subtitle C--Reports on Medical Facility Improvements
SEC. 821. REPORT ON OPTION FOR MEDICAL FACILITY IMPROVEMENTS IN SAN
JUAN, PUERTO RICO.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report identifying and outlining the various
options available to the Department of Veterans Affairs for replacing
the current Department of Veterans Affairs Medical Center, San Juan,
Puerto Rico. The report shall not affect current contracts at the
current site, and the report shall include the following:
(1) The feasibility of entering into a partnership with a Federal,
Commonwealth, or local governmental agency, or a suitable non-profit
organization, for the construction and operation of a new facility.
(2) The medical, legal, and financial implications of each of the
options identified, including recommendations regarding any statutory
changes necessary for the Department to carry out any of the options
identified.
(3) A detailed cost-benefit analysis of each of the options identified.
(4) Estimates regarding the length of time and associated costs needed
to complete such a facility under each of the options identified.
SEC. 822. BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT CARE IN
CERTAIN RURAL AREAS.
(a) Requirement- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a business plan for
enhanced access to outpatient care (as described in subsection (b)) for
primary care, mental health care, and specialty care in each of the
following areas:
(1) The Lewiston-Auburn area of Maine.
(2) The area of Houlton, Maine.
(3) The area of Dover-Foxcroft, Maine.
(4) Whiteside County, Illinois.
(b) Means of Enhanced Access- The means of enhanced access to outpatient
care to be covered by the business plans under subsection (a) are, with
respect to each area specified in that subsection, one or more of the
following:
(1) New sites of care.
(2) Expansions at existing sites of care.
(3) Use of existing authority and policies to contract for care where
necessary.
(4) Increased use of telemedicine.
SEC. 823. REPORT ON OPTION FOR CONSTRUCTION OF DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER IN OKALOOSA COUNTY, FLORIDA.
(a) Feasibility Study- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs and the Committee on Armed Services
of the Senate of the Senate and the Committee on Veterans' Affairs and
the Committee on Armed Services of the House of Representatives of the
House of Representatives a report identifying and outlining the various
options available to the Department of Veterans Affairs for the
placement of a Department of Veterans Affairs Medical Center in Okaloosa
County, Florida. The report shall be prepared in conjunction with the
Secretary of Defense and the Secretary of the Air Force.
(b) Matters To Be Included- The report under subsection (a) shall
include the following:
(1) The feasibility of entering into a partnership with Eglin Air Force
Base for the construction and operation of a new, joint Department of
Veterans Affairs-Department of Defense facility.
(2) The medical, legal, and financial implications of each of the
options identified, including recommendations regarding any statutory
changes necessary for the Department of Veterans Affairs to carry out
any of the options identified.
(3) A detailed cost-benefit analysis of each of the options identified.
(4) Estimates regarding the length of time and associated costs needed
to complete such a facility under each of the options identified.
TITLE IX--INFORMATION SECURITY MATTERS
SEC. 901. SHORT TITLE.
This title may be cited as the `Department of Veterans Affairs
Information Security Enhancement Act of 2006'.
SEC. 902. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY PROGRAMS
AND REQUIREMENTS.
(a) Information Security Programs and Requirements- Chapter 57 is
amended by adding at the end the following new subchapter:
SUBCHAPTER III--INFORMATION SECURITY
Sec. 5721. Purpose
The purpose of the Information Security Program is to establish a
program to provide security for Department information and information
systems commensurate to the risk of harm, and to communicate the
responsibilities of the Secretary, Under Secretaries, Assistant
Secretaries, other key officials, Assistant Secretary for Information
and Technology, Associate Deputy Assistant Secretary for Cyber and
Information Security, and Inspector General of the Department of
Veterans Affairs as outlined in the provisions of subchapter III of
chapter 35 of title 44 (also known as the `Federal Information Security
Management Act of 2002', which was enacted as part of the E-Government
Act of 2002 (Public Law 107-347)).
Sec. 5722. Policy
(a) In General- The security of Department information and information
systems is vital to the success of the mission of the Department. To
that end, the Secretary shall establish and maintain a comprehensive
Department-wide information security program to provide for the
development and maintenance of cost-effective security controls needed
to protect Department information, in any media or format, and
Department information systems.
(b) Elements- The Secretary shall ensure that the Department information
security program includes the following elements:
(1) Periodic assessments of the risk and magnitude of harm that could
result from the unauthorized access, use, disclosure, disruption,
modification, or destruction of information and information systems that
support the operations and assets of the Department.
(2) Policies and procedures that--
(A) are based on risk assessments;
(B) cost-effectively reduce security risks to an acceptable level; and
(C) ensure that information security is addressed throughout the life
cycle of each Department information system.
(3) Selection and effective implementation of minimum, mandatory
technical, operational, and management security controls, or other
compensating countermeasures, to protect the confidentiality, integrity,
and availability of each Department system and its information.
(4) Subordinate plans for providing adequate security for networks,
facilities, systems, or groups of information systems, as appropriate.
(5) Annual security awareness training for all Department employees,
contractors, and all other users of VA sensitive data and Department
information systems that identifies the information security risks
associated with the activities of such employees, contractors, and users
and the responsibilities of such employees, contractors, and users to
comply with Department policies and procedures designed to reduce such
risks.
(6) Periodic testing and evaluation of the effectiveness of security
controls based on risk, including triennial certification testing of all
management, operational, and technical controls, and annual testing of a
subset of those controls for each Department system.
(7) A process for planning, developing, implementing, evaluating, and
documenting remedial actions to address deficiencies in information
security policies, procedures, and practices.
(8) Procedures for detecting, immediately reporting, and responding to
security incidents, including mitigating risks before substantial damage
is done as well as notifying and consulting with the US-Computer
Emergency Readiness Team of the Department of Homeland Security, law
enforcement agencies, the Inspector General of the Department, and other
offices as appropriate.
(9) Plans and procedures to ensure continuity of operations for
Department systems.
(c) Compliance With Certain Requirements- The Secretary shall comply
with the provisions of subchapter III of chapter 35 of title 44 and
other related information security requirements promulgated by the
National Institute of Standards and Technology and the Office of
Management and Budget that define Department information system
mandates.
Sec. 5723. Responsibilities
(a) Secretary of Veterans Affairs- In accordance with the provisions of
subchapter III of chapter 35 of title 44, the Secretary is responsible
for the following:
(1) Ensuring that the Department adopts a Department-wide information
security program and otherwise complies with the provisions of
subchapter III of chapter 35 of title 44 and other related information
security requirements.
(2) Ensuring that information security protections are commensurate with
the risk and magnitude of the potential harm to Department information
and information systems resulting from unauthorized access, use,
disclosure, disruption, modification, or destruction.
(3) Ensuring that information security management processes are
integrated with Department strategic and operational planning processes.
(4) Ensuring that the Under Secretaries, Assistant Secretaries, and
other key officials of the Department provide adequate security for the
information and information systems under their control.
(5) Ensuring enforcement and compliance with the requirements imposed on
the Department under the provisions of subchapter III of chapter 35 of
title 44.
(6) Ensuring that the Department has trained program and staff office
personnel sufficient to assist in complying with all the provisions of
subchapter III of chapter 35 of title 44 and other related information
security requirements.
(7) Ensuring that the Assistant Secretary for Information and
Technology, in coordination with the Under Secretaries, Assistant
Secretaries, and other key officials of the Department report to
Congress, the Office of Management and Budget, and other entities as
required by law and Executive Branch direction on the effectiveness of
the Department information security program, including remedial actions.
(8) Notifying officials other than officials of the Department of data
breaches when required under this subchapter.
(9) Ensuring that the Assistant Secretary for Information and Technology
has the authority and control necessary to develop, approve, implement,
integrate, and oversee the policies, procedures, processes, activities,
and systems of the Department relating to subchapter III of chapter 35
of title 44, including the management of all related mission
applications, information resources, personnel, and infrastructure.
(10) Submitting to the Committees on Veterans' Affairs of the Senate and
House of Representatives, the Committee on Government Reform of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate, not later than March 1 each year, a
report on the compliance of the Department with subchapter III of
chapter 35 of title 44, with the information in such report displayed in
the aggregate and separately for each Administration, office, and
facility of the Department.
(11) Taking appropriate action to ensure that the budget for any fiscal
year, as submitted by the President to Congress under section 1105 of
title 31, sets forth separately the amounts required in the budget for
such fiscal year for compliance by the Department with Federal law and
regulations governing information security, including this subchapter
and subchapter III of chapter 35 of title 44.
(12) Providing notice to the Director of the Office of Management and
Budget, the Inspector General of the Department, and such other Federal
agencies as the Secretary considers appropriate of a presumptive data
breach of which notice is provided the Secretary under subsection
(b)(16) if, in the opinion of the Assistant Secretary for Information
and Technology, the breach involves the information of twenty or more
individuals.
(b) Assistant Secretary for Information and Technology- The Assistant
Secretary for Information and Technology, as the Chief Information
Officer of the Department, is responsible for the following:
(1) Establishing, maintaining, and monitoring Department-wide
information security policies, procedures, control techniques, training,
and inspection requirements as elements of the Department information
security program.
(2) Issuing policies and handbooks to provide direction for implementing
the elements of the information security program to all Department
organizations.
(3) Approving all policies and procedures that are related to
information security for those areas of responsibility that are
currently under the management and the oversight of other Department
organizations.
(4) Ordering and enforcing Department-wide compliance with and execution
of any information security policy.
(5) Establishing minimum mandatory technical, operational, and
management information security control requirements for each Department
system, consistent with risk, the processes identified in standards of
the National Institute of Standards and Technology, and the
responsibilities of the Assistant Secretary to operate and maintain all
Department systems currently creating, processing, collecting, or
disseminating data on behalf of Department information owners.
(6) Establishing standards for access to Department information systems
by organizations and individual employees, and to deny access as
appropriate.
(7) Directing that any incidents of failure to comply with established
information security policies be immediately reported to the Assistant
Secretary.
(8) Reporting any compliance failure or policy violation directly to the
appropriate Under Secretary, Assistant Secretary, or other key official
of the Department for appropriate administrative or disciplinary action.
(9) Reporting any compliance failure or policy violation directly to the
appropriate Under Secretary, Assistant Secretary, or other key official
of the Department along with taking action to correct the failure or
violation.
(10) Requiring any key official of the Department who is so notified to
report to the Assistant Secretary with respect to an action to be taken
in response to any compliance failure or policy violation reported by
the Assistant Secretary.
(11) Ensuring that the Chief Information Officers and Information
Security Officers of the Department comply with all cyber security
directives and mandates, and ensuring that these staff members have all
necessary authority and means to direct full compliance with such
directives and mandates relating to the acquisition, operation,
maintenance, or use of information technology resources from all
facility staff.
(12) Establishing the VA National Rules of Behavior for appropriate use
and protection of the information which is used to support Department
missions and functions.
(13) Establishing and providing supervision over an effective incident
reporting system.
(14) Submitting to the Secretary, at least once every quarter, a report
on any deficiency in the compliance with subchapter III of chapter 35 of
title 44 of the Department or any Administration, office, or facility of
the Department.
(15) Reporting immediately to the Secretary on any significant
deficiency in the compliance described by paragraph (14).
(16) Providing immediate notice to the Secretary of any presumptive data
breach.
(c) Associate Deputy Assistant Secretary for Cyber and Information
Security- In accordance with the provisions of subchapter III of chapter
35 of title 44, the Associate Deputy Assistant Secretary for Cyber and
Information Security, as the Senior Information Security Officer of the
Department, is responsible for carrying out the responsibilities of the
Assistant Secretary for Information and Technology under the provisions
of subchapter III of chapter 35 of title 44, as set forth in subsection
(b).
(d) Department Information Owners- In accordance with the criteria of
the Centralized IT Management System, Department information owners are
responsible for the following:
(1) Providing assistance to the Assistant Secretary for Information and
Technology regarding the security requirements and appropriate level of
security controls for the information system or systems where sensitive
personal information is currently created, collected, processed,
disseminated, or subject to disposal.
(2) Determining who has access to the system or systems containing
sensitive personal information, including types of privileges and access
rights.
(3) Ensuring the VA National Rules of Behavior is signed on an annual
basis and enforced by all system users to ensure appropriate use and
protection of the information which is used to support Department
missions and functions.
(4) Assisting the Assistant Secretary for Information and Technology in
the identification and assessment of the common security controls for
systems where their information resides.
(5) Providing assistance to Administration and staff office personnel
involved in the development of new systems regarding the appropriate
level of security controls for their information.
(e) Other Key Officials- In accordance with the provisions of subchapter
III of chapter 35 of title 44, the Under Secretaries, Assistant
Secretaries, and other key officials of the Department are responsible
for the following:
(1) Implementing the policies, procedures, practices, and other
countermeasures identified in the Department information security
program that comprise activities that are under their day-to-day
operational control or supervision.
(2) Periodically testing and evaluating information security controls
that comprise activities that are under their day-to-day operational
control or supervision to ensure effective implementation.
(3) Providing a plan of action and milestones to the Assistant Secretary
for Information and Technology on at least a quarterly basis detailing
the status of actions being taken to correct any security compliance
failure or policy violation.
(4) Complying with the provisions of subchapter III of chapter 35 of
title 44 and other related information security laws and requirements in
accordance with orders of the Assistant Secretary for Information and
Technology to execute the appropriate security controls commensurate to
responding to a security bulletin of the Security Operations Center of
the Department, with such orders to supersede and take priority over all
operational tasks and assignments and be complied with immediately.
(5) Ensuring that--
(A) all employees within their organizations take immediate action to
comply with orders from the Assistant Secretary for Information and
Technology to--
(i) mitigate the impact of any potential security vulnerability;
(ii) respond to a security incident; or
(iii) implement the provisions of a bulletin or alert of the Security
Operations Center; and
(B) organizational managers have all necessary authority and means to
direct full compliance with such orders from the Assistant Secretary.
(6) Ensuring the VA National Rules of Behavior is signed and enforced by
all system users to ensure appropriate use and protection of the
information which is used to support Department missions and functions
on an annual basis.
(f) Users of Department Information and Information Systems- Users of
Department information and information systems are responsible for the
following:
(1) Complying with all Department information security program policies,
procedures, and practices.
(2) Attending security awareness training on at least an annual basis.
(3) Reporting all security incidents immediately to the Information
Security Officer of the system or facility and to their immediate
supervisor.
(4) Complying with orders from the Assistant Secretary for Information
and Technology directing specific activities when a security incident
occurs.
(5) Signing an acknowledgment that they have read, understand, and agree
to abide by the VA National Rules of Behavior on an annual basis.
(g) Inspector General of Department of Veterans Affairs- In accordance
with the provisions of subchapter III of chapter 35 of title 44, the
Inspector General of the Department is responsible for the following:
(1) Conducting an annual audit of the Department information security
program.
(2) Submitting an independent annual report to the Office of Management
and Budget on the status of Department information security program,
based on the results of the annual audit.
(3) Conducting investigations of complaints and referrals of violations
as considered appropriate by the Inspector General.
Sec. 5724. Provision of credit protection and other services
(a) Independent Risk Analysis- (1) In the event of a data breach with
respect to sensitive personal information that is processed or
maintained by the Secretary, the Secretary shall ensure that, as soon as
possible after the data breach, a non-Department entity or the Office of
Inspector General of the Department conducts an independent risk
analysis of the data breach to determine the level of risk associated
with the data breach for the potential misuse of any sensitive personal
information involved in the data breach.
(2) If the Secretary determines, based on the findings of a risk
analysis conducted under paragraph (1), that a reasonable risk exists
for the potential misuse of sensitive personal information involved in a
data breach, the Secretary shall provide credit protection services in
accordance with the regulations prescribed by the Secretary under this
section.
(b) Regulations- Not later than 180 days after the date of the enactment
of the Veterans Benefits, Health Care, and Information Technology Act of
2006, the Secretary shall prescribe interim regulations for the
provision of the following in accordance with subsection (a)(2):
(1) Notification.
(2) Data mining.
(3) Fraud alerts.
(4) Data breach analysis.
(5) Credit monitoring.
(6) Identity theft insurance.
(7) Credit protection services.
(c) Report- (1) For each data breach with respect to sensitive personal
information processed or maintained by the Secretary, the Secretary
shall promptly submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report containing the findings of
any independent risk analysis conducted under subsection (a)(1), any
determination of the Secretary under subsection (a)(2), and a
description of any services provided pursuant to subsection (b).
(2) In the event of a data breach with respect to sensitive personal
information processed or maintained by the Secretary that is the
sensitive personal information of a member of the Army, Navy, Air Force,
or Marine Corps or a civilian officer or employee of the Department of
Defense, the Secretary shall submit the report required under paragraph
(1) to the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives in addition to the
Committees on Veterans' Affairs of the Senate and House of
Representatives.
Sec. 5725. Contracts for data processing or maintenance
(a) Contract Requirements- If the Secretary enters into a contract for
the performance of any Department function that requires access to
sensitive personal information, the Secretary shall require as a
condition of the contract that--
(1) the contractor shall not, directly or through an affiliate of the
contractor, disclose such information to any other person unless the
disclosure is lawful and is expressly permitted under the contract;
(2) the contractor, or any subcontractor for a subcontract of the
contract, shall promptly notify the Secretary of any data breach that
occurs with respect to such information.
(b) Liquidated Damages- Each contract subject to the requirements of
subsection (a) shall provide for liquidated damages to be paid by the
contractor to the Secretary in the event of a data breach with respect
to any sensitive personal information processed or maintained by the
contractor or any subcontractor under that contract.
(c) Provision of Credit Protection Services- Any amount collected by the
Secretary under subsection (b) shall be deposited in or credited to the
Department account from which the contractor was paid and shall remain
available for obligation without fiscal year limitation exclusively for
the purpose of providing credit protection services pursuant to section
5724(b) of this title.
Sec. 5726. Reports and notice to Congress on data breaches
(a) Quarterly Reports- (1) Not later than 30 days after the last day of
a fiscal quarter, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report on
any data breach with respect to sensitive personal information processed
or maintained by the Department that occurred during that quarter.
(2) Each report submitted under paragraph (1) shall identify, for each
data breach covered by the report--
(A) the Administration and facility of the Department responsible for
processing or maintaining the sensitive personal information involved in
the data breach; and
(B) the status of any remedial or corrective action with respect to the
data breach.
(b) Notification of Significant Data Breaches- (1) In the event of a
data breach with respect to sensitive personal information processed or
maintained by the Secretary that the Secretary determines is
significant, the Secretary shall provide notice of such breach to the
Committees on Veterans' Affairs of the Senate and House of
Representatives.
(2) In the event of a data breach with respect to sensitive personal
information processed or maintained by the Secretary that is the
sensitive personal information of a member of the Army, Navy, Air Force,
or Marine Corps or a civilian officer or employee of the Department of
Defense that the Secretary determines is significant under paragraph
(1), the Secretary shall provide the notice required under paragraph (1)
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives in addition to the
Committees on Veterans' Affairs of the Senate and House of
Representatives.
(3) Notice under paragraphs (1) and (2) shall be provided promptly
following the discovery of such a data breach and the implementation of
any measures necessary to determine the scope of the breach, prevent any
further breach or unauthorized disclosures, and reasonably restore the
integrity of the data system.
Sec. 5727. Definitions
In this subchapter:
(1) AVAILABILITY- The term `availability' means ensuring timely and
reliable access to and use of information.
(2) CONFIDENTIALITY- The term `confidentiality' means preserving
authorized restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information.
(3) CONTROL TECHNIQUES- The term `control techniques' means methods for
guiding and controlling the operations of information systems to ensure
adherence to the provisions of subchapter III of chapter 35 of title 44
and other related information security requirements.
(4) DATA BREACH- The term `data breach' means the loss, theft, or other
unauthorized access, other than those incidental to the scope of
employment, to data containing sensitive personal information, in
electronic or printed form, that results in the potential compromise of
the confidentiality or integrity of the data.
(5) DATA BREACH ANALYSIS- The term `data breach analysis' means the
process used to determine if a data breach has resulted in the misuse of
sensitive personal information.
(6) FRAUD RESOLUTION SYSTEMS- The term `fraud resolution services' means
services to assist an individual in the process of recovering and
rehabilitating the credit of the individual after the individual
experiences identity theft.
(7) IDENTITY THEFT- The term `identity theft' has the meaning given such
term under section 603 of the Fair Credit Reporting Act (15 U.S.C.
1681a).
(8) IDENTITY THEFT INSURANCE- The term `identity theft insurance' means
any insurance policy that pays benefits for costs, including travel
costs, notary fees, and postage costs, lost wages, and legal fees and
expenses associated with efforts to correct and ameliorate the effects
and results of identity theft of the insured individual.
(9) INFORMATION OWNER- The term `information owner' means an agency
official with statutory or operational authority for specified
information and responsibility for establishing the criteria for its
creation, collection, processing, dissemination, or disposal, which
responsibilities may extend to interconnected systems or groups of
interconnected systems.
(10) INFORMATION RESOURCES- The term `information resources' means
information in any medium or form and its related resources, such as
personnel, equipment, funds, and information technology.
(11) INFORMATION SECURITY- The term `information security' means
protecting information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in order to
provide integrity, confidentiality, and availability.
(12) INFORMATION SECURITY REQUIREMENTS- The term `information security
requirements' means information security requirements promulgated in
accordance with law, or directed by the Secretary of Commerce, the
National Institute of Standards and Technology, and the Office of
Management and Budget, and, as to national security systems, the
President.
(13) INFORMATION SYSTEM- The term `information system' means a discrete
set of information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of information,
whether automated or manual.
(14) INTEGRITY- The term `integrity' means guarding against improper
information modification or destruction, and includes ensuring
information non-repudiation and authenticity.
(15) NATIONAL SECURITY SYSTEM- The term `national security system' means
an information system that is protected at all times by policies and
procedures established for the processing, maintenance, use, sharing,
dissemination or disposition of information that has been specifically
authorized under criteria established by statute or Executive Order to
be kept classified in the interest of national defense or foreign
policy.
(16) PLAN OF ACTION AND MILESTONES- The term `plan of action and
milestones', means a plan used as a basis for the quarterly reporting
requirements of the Office of Management and Budget that includes the
following information:
(A) A description of the security weakness.
(B) The identity of the office or organization responsible for resolving
the weakness.
(C) An estimate of resources required to resolve the weakness by fiscal
year.
(D) The scheduled completion date.
(E) Key milestones with estimated completion dates.
(F) Any changes to the original key milestone date.
(G) The source that identified the weakness.
(H) The status of efforts to correct the weakness.
(17) PRINCIPAL CREDIT REPORTING AGENCY- The term `principal credit
reporting agency' means a consumer reporting agency as described in
section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).
(18) SECURITY INCIDENT- The term `security incident' means an event that
has, or could have, resulted in loss or damage to Department assets, or
sensitive information, or an action that breaches Department security
procedures.
(19) SENSITIVE PERSONAL INFORMATION- The term `sensitive personal
information', with respect to an individual, means any information about
the individual maintained by an agency, including the following:
(A) Education, financial transactions, medical history, and criminal or
employment history.
(B) Information that can be used to distinguish or trace the
individual's identity, including name, social security number, date and
place of birth, mother's maiden name, or biometric records.
(20) SUBORDINATE PLAN- The term `subordinate plan', also referred to as
a `system security plan', means a subordinate plan defines the security
controls that are either planned or implemented for networks,
facilities, systems, or groups of systems, as appropriate, within a
specific accreditation boundary.
(21) TRAINING- The term `training' means a learning experience in which
an individual is taught to execute a specific information security
procedure or understand the information security common body of
knowledge.
(22) VA NATIONAL RULES OF BEHAVIOR- The term `VA National Rules of
Behavior' means a set of Department rules that describes the
responsibilities and expected behavior of personnel with regard to
information system usage.
(23) VA SENSITIVE DATA- The term `VA sensitive data' means all
Department data, on any storage media or in any form or format, which
requires protection due to the risk of harm that could result from
inadvertent or deliberate disclosure, alteration, or destruction of the
information and includes information whose improper use or disclosure
could adversely affect the ability of an agency to accomplish its
mission, proprietary information, and records about individuals
requiring protection under applicable confidentiality provisions.
Sec. 5728. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter
such sums as may be necessary for each fiscal year.'.
(b) Clerical Amendment- The table of sections at the beginning of
chapter 57 is amended by adding at the end the following:
SUBCHAPTER III--INFORMATION SECURITY
5721. Purpose.
5722. Policy.
5723. Responsibilities.
5724. Provision of credit protection and other services.
5725. Contracts for data processing or maintenance.
5726. Reports and notice to Congress on data breaches.
5727. Definitions.
5728. Authorization of appropriations.'.
(c) Deadline for Regulations- Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out subchapter III of chapter 57 of title
38, United States Code, as added by subsection (a).
SEC. 903. INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAMS.
(a) Programs Authorized-
(1) IN GENERAL- Title 38 is amended by inserting after chapter 78 the
following new chapter:
CHAPTER 79--INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM
Sec.
7901. Programs; purpose.
7902. Scholarship program.
7903. Education debt reduction program.
7904. Preferences in awarding financial assistance.
7905. Requirement of honorable discharge for veterans receiving
assistance.
7906. Regulations.
7907. Termination.
Sec. 7901. Programs; purpose
(a) In General- To encourage the recruitment and retention of Department
personnel who have the information security skills necessary to meet
Department requirements, the Secretary may carry out programs in
accordance with this chapter to provide financial support for education
in computer science and electrical and computer engineering at
accredited institutions of higher education.
(b) Types of Programs- The programs authorized under this chapter are as
follows:
(1) Scholarships for pursuit of doctoral degrees in computer science and
electrical and computer engineering at accredited institutions of higher
education.
(2) Education debt reduction for Department personnel who hold doctoral
degrees in computer science and electrical and computer engineering at
accredited institutions of higher education.
Sec. 7902. Scholarship program
(a) Authority- (1) Subject to the availability of appropriations, the
Secretary may establish a scholarship program under which the Secretary
shall, subject to subsection (d), provide financial assistance in
accordance with this section to a qualified person--
(A) who is pursuing a doctoral degree in computer science or electrical
or computer engineering at an accredited institution of higher
education; and
(B) who enters into an agreement with the Secretary as described in
subsection (b).
(2)(A) Except as provided in subparagraph (B), the Secretary may provide
financial assistance under this section to an individual for up to five
years.
(B) The Secretary may waive the limitation under subparagraph (A) if the
Secretary determines that such a waiver is appropriate.
(b) Service Agreement for Scholarship Recipients- (1) To receive
financial assistance under this section an individual shall enter into
an agreement to accept and continue employment in the Department for the
period of obligated service determined under paragraph (2).
(2) For the purposes of this subsection, the period of obligated service
for a recipient of financial assistance under this section shall be the
period determined by the Secretary as being appropriate to obtain
adequate service in exchange for the financial assistance and otherwise
to achieve the goals set forth in section 7901(a) of this title. In no
event may the period of service required of a recipient be less than the
period equal to the total period of pursuit of a degree for which the
Secretary agrees to provide the recipient with financial assistance
under this section. The period of obligated service is in addition to
any other period for which the recipient is obligated to serve on active
duty or in the civil service, as the case may be.
(3) An agreement entered into under this section by a person pursuing a
doctoral degree shall include terms that provide the following:
(A) That the period of obligated service begins on a date after the
award of the degree that is determined under the regulations prescribed
under section 7906 of this title.
(B) That the individual will maintain satisfactory academic progress, as
determined in accordance with those regulations, and that failure to
maintain such progress constitutes grounds for termination of the
financial assistance for the individual under this section.
(C) Any other terms and conditions that the Secretary determines
appropriate for carrying out this section.
(c) Amount of Assistance- (1) The amount of the financial assistance
provided for an individual under this section shall be the amount
determined by the Secretary as being necessary to pay--
(A) the tuition and fees of the individual; and
(B) $1,500 to the individual each month (including a month between
academic semesters or terms leading to the degree for which such
assistance is provided or during which the individual is not enrolled in
a course of education but is pursuing independent research leading to
such degree) for books, laboratory expenses, and expenses of room and
board.
(2) In no case may the amount of assistance provided for an individual
under this section for an academic year exceed $50,000.
(3) In no case may the total amount of assistance provided for an
individual under this section exceed $200,000.
(4) Notwithstanding any other provision of law, financial assistance
paid an individual under this section shall not be considered as income
or resources in determining eligibility for, or the amount of benefits
under, any Federal or federally assisted program.
(d) Repayment for Period of Unserved Obligated Service- (1) An
individual who receives financial assistance under this section shall
repay to the Secretary an amount equal to the unearned portion of the
financial assistance if the individual fails to satisfy the requirements
of the service agreement entered into under subsection (b), except in
circumstances authorized by the Secretary.
(2) The Secretary may establish, by regulations, procedures for
determining the amount of the repayment required under this subsection
and the circumstances under which an exception to the required repayment
may be granted.
(3) An obligation to repay the Secretary under this subsection is, for
all purposes, a debt owed the United States. A discharge in bankruptcy
under title 11 does not discharge a person from such debt if the
discharge order is entered less than five years after the date of the
termination of the agreement or contract on which the debt is based.
(e) Waiver or Suspension of Compliance- The Secretary shall prescribe
regulations providing for the waiver or suspension of any obligation of
an individual for service or payment under this section (or an agreement
under this section) whenever noncompliance by the individual is due to
circumstances beyond the control of the individual or whenever the
Secretary determines that the waiver or suspension of compliance is in
the best interest of the United States.
(f) Internships- (1) The Secretary may offer a compensated internship to
an individual for whom financial assistance is provided under this
section during a period between academic semesters or terms leading to
the degree for which such assistance is provided. Compensation provided
for such an internship shall be in addition to the financial assistance
provided under this section.
(2) An internship under this subsection shall not be counted toward
satisfying a period of obligated service under this section.
(g) Ineligibility of Individuals Receiving Montgomery GI Bill Education
Assistance Payments- An individual who receives a payment of educational
assistance under chapter 30, 31, 32, 34, or 35 of this title or chapter
1606 or 1607 of title 10 for a month in which the individual is enrolled
in a course of education leading to a doctoral degree in information
security is not eligible to receive financial assistance under this
section for that month.
Sec. 7903. Education debt reduction program
(a) Authority- Subject to the availability of appropriations, the
Secretary may establish an education debt reduction program under which
the Secretary shall make education debt reduction payments under this
section to qualified individuals eligible under subsection (b) for the
purpose of reimbursing such individuals for payments by such individuals
of principal and interest on loans described in paragraph (2) of that
subsection.
(b) Eligibility- An individual is eligible to participate in the program
under this section if the individual--
(1) has completed a doctoral degree in computer science or electrical or
computer engineering at an accredited institution of higher education
during the five-year period preceding the date on which the individual
is hired;
(2) is an employee of the Department who serves in a position related to
information security (as determined by the Secretary); and
(3) owes any amount of principal or interest under a loan, the proceeds
of which were used by or on behalf of that individual to pay costs
relating to a doctoral degree in computer science or electrical or
computer engineering at an accredited institution of higher education.
(c) Amount of Assistance- (1) Subject to paragraph (2), the amount of
education debt reduction payments made to an individual under this
section may not exceed $82,500 over a total of five years, of which not
more than $16,500 of such payments may be made in each year.
(2) The total amount payable to an individual under this section for any
year may not exceed the amount of the principal and interest on loans
referred to in subsection (b)(3) that is paid by the individual during
such year.
(d) Payments- (1) The Secretary shall make education debt reduction
payments under this section on an annual basis.
(2) The Secretary shall make such a payment--
(A) on the last day of the one-year period beginning on the date on
which the individual is accepted into the program established under
subsection (a); or
(B) in the case of an individual who received a payment under this
section for the preceding fiscal year, on the last day of the one-year
period beginning on the date on which the individual last received such
a payment.
(3) Notwithstanding any other provision of law, education debt reduction
payments under this section shall not be considered as income or
resources in determining eligibility for, or the amount of benefits
under, any Federal or federally assisted program.
(e) Performance Requirement- The Secretary may make education debt
reduction payments to an individual under this section for a year only
if the Secretary determines that the individual maintained an acceptable
level of performance in the position or positions served by the
individual during the year.
(f) Notification of Terms of Provision of Payments- The Secretary shall
provide to an individual who receives a payment under this section
notice in writing of the terms and conditions that apply to such a
payment.
(g) Covered Costs- For purposes of subsection (b)(3), costs relating to
a course of education or training include--
(1) tuition expenses; and
(2) all other reasonable educational expenses, including fees, books,
and laboratory expenses.
Sec. 7904. Preferences in awarding financial assistance
In awarding financial assistance under this chapter, the Secretary shall
give a preference to qualified individuals who are otherwise eligible to
receive the financial assistance in the following order of priority:
(1) Veterans with service-connected disabilities.
(2) Veterans.
(3) Persons described in section 4215(a)(1)(B) of this title.
(4) Individuals who received or are pursuing degrees at institutions
designated by the National Security Agency as Centers of Academic
Excellence in Information Assurance Education.
(5) Citizens of the United States.
Sec. 7905. Requirement of honorable discharge for veterans receiving
assistance
No veteran shall receive financial assistance under this chapter unless
the veteran was discharged from the Armed Forces under honorable
conditions.
Sec. 7906. Regulations
The Secretary shall prescribe regulations for the administration of this
chapter.
Sec. 7907. Termination
The authority of the Secretary to make a payment under this chapter
shall terminate on July 31, 2017.'.
(2) CLERICAL AMENDMENTS- The tables of chapters at the beginning of
title 38, and of part V of title 38, are each amended by inserting after
the item relating to chapter 78 the following new item:
7901'.
(b) GAO Report- Not later than three years after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the scholarship and education debt reduction programs under
chapter 79 of title 38, United States Code, as added by subsection (a).
(c) Applicability of Scholarships- Section 7902 of title 38, United
States Code, as added by subsection (a), may only apply with respect to
financial assistance provided for an academic semester or term that
begins on or after August 1, 2007.
TITLE X--OTHER MATTERS
SEC. 1001. NOTICE TO CONGRESSIONAL VETERANS COMMITTEES OF CERTAIN
TRANSFERS OF FUNDS.
To the extent that the Secretary of Veterans Affairs is required or
directed, under any provision of law, to provide written notice to any
committee of Congress other than the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives on the transfer of appropriations from one account to
any other account, the Secretary shall also transmit such notice to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 1002. CLARIFICATION OF CORRECTIONAL FACILITIES COVERED BY CERTAIN
PROVISIONS OF LAW.
(a) Payment of Pension During Confinement in Penal Institutions- Section
1505(a) is amended by striking `or local penal institution' and
inserting `local, or other penal institution or correctional facility'.
(b) Allowances for Training and Rehabilitation for Veterans With
Service-Connected Disabilities- Section 3108(g)(1) is amended by
striking `or local penal institution' and inserting `local, or other
penal institution or correctional facility'.
(c) Educational Assistance Benefits for Post-Vietnam Era Veterans-
Section 3231(d)(1) is amended by striking `or local penal institution'
and inserting `local, or other penal institution or correctional
facility'.
(d) Computation of Educational Assistance Allowances for Veterans
Generally- Section 3482(g)(1) is amended by striking `or local penal
institution' and inserting `local, or other penal institution or
correctional facility'.
(e) Computation of Educational Assistance Allowance for Survivors and
Dependents- Section 3532(e) is amended by striking `or local penal
institution' and inserting `local, or other penal institution or
correctional facility'.
(f) Limitation on Payment of Compensation and Dependency and Indemnity
Compensation- Section 5313 is amended by striking `or local penal
institution' each place it appears and inserting `local, or other penal
institution or correctional facility'.
(g) Limitation on Payment of Clothing Allowance- Section 5313A is
amended by striking `or local penal institution' and inserting `local,
or other penal institution or correctional facility'.
SEC. 1003. EXTENSION OF AUTHORITY FOR HEALTH CARE FOR PARTICIPATION IN
DOD CHEMICAL AND BIOLOGICAL WARFARE TESTING.
Section 1710(e)(3)(D) is amended by striking `December 31, 2005' and
inserting `December 31, 2007'.
SEC. 1004. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 38, United States Code-
(1) CITATION CORRECTION- Section 1718(c)(2) is amended by inserting `of
1938' after `Act'.
(2) CITATION CORRECTION- Section 1785(b)(1) is amended by striking
`Robert B.' and inserting `Robert T.'.
(3) PUNCTUATION CORRECTION- Section 2002(1) is amended by inserting a
closing parenthesis before the period at the end.
(4) PUNCTUATION CORRECTION- Section 2011(a)(1)(C) is amended by
inserting a period at the end.
(5) CROSS REFERENCE CORRECTION- Section 2041(a)(3)(A)(i) is amended by
striking `under this chapter' and inserting `established under section
3722 of this title'.
(6) CITATION CORRECTION- Section 8111(b)(1) is amended by striking `into
the strategic' and all that follows through `and Results Act of 1993'
and inserting `into the strategic plan of each Department under section
306 of title 5 and the performance plan of each Department under section
1115 of title 31'.
(7) REPEAL OF OBSOLETE TEXT- Section 8111 is further amended--
(A) in subsection (d)(2), by striking `effective October 1, 2003,'; and
(B) in subsection (e)(2)--
(i) in the second sentence, by striking `shall be implemented no later
than October 1, 2003, and'; and
(ii) in the third sentence, by striking `, following implementation of
the schedule,'.
(8) CITATION CORRECTION- Section 8111A(a)(2)(B)(i) is amended by
striking `Robert B.' and inserting `Robert T.'.
(b) Public Law 107-296- Effective as of November 25, 2002, section
1704(d) of the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2315) is amended--
(1) by striking `101(25)(d)' and inserting `101(25)(D)'; and
(2) by striking `3011(a)(1)(A)(ii)(II)' and inserting `3011(a)(1)(A)(ii)(III)'.
SEC. 1005. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN PUBLIC
LAW 109-361.
(a) Veterans' Disability Compensation- Section 1114 is amended--
(1) in subsection (a), by striking `$112' and inserting `$115';
(2) in subsection (b), by striking `$218' and inserting `$225';
(3) in subsection (c), by striking `$337' and inserting `$348';
(4) in subsection (d), by striking `$485' and inserting `$501';
(5) in subsection (e), by striking `$690' and inserting `$712';
(6) in subsection (f), by striking `$873' and inserting `$901';
(7) in subsection (g), by striking `$1,099' and inserting `$1,135';
(8) in subsection (h), by striking `$1,277' and inserting `$1,319';
(9) in subsection (i), by striking `$1,436' and inserting `$1,483';
(10) in subsection (j), by striking `$2,393' and inserting `$2,471';
(11) in subsection (k)--
(A) by striking `$87' both places it appears and inserting `$89'; and
(B) by striking `$2,977' and `$4,176' and inserting `$3,075' and
`$4,313', respectively;
(12) in subsection (l), by striking `$2,977' and inserting `$3,075';
(13) in subsection (m), by striking `$3,284' and inserting `$3,392';
(14) in subsection (n), by striking `$3,737' and inserting `$3,860';
(15) in subsections (o) and (p), by striking `$4,176' each place it
appears and inserting `$4,313';
(16) in subsection (r)--
(A) in paragraph (1), by striking `$1,792' and inserting `$1,851'; and
(B) in paragraph (2), by striking `2,669' and inserting `$2,757'; and
(17) in subsection (s), by striking `$2,678' and inserting `$2,766'.
(b) Additional Compensation for Dependents- Section 1115(1) is amended--
(1) in subparagraph (A), by striking `$135' and inserting `$139';
(2) in subparagraph (B), by striking `$233' and `$68' and inserting
`$240' and `$70', respectively;
(3) in subparagraph (C), by striking `$91' and `$68' and inserting `$94'
and `$70', respectively;
(4) in subparagraph (D), by striking `$109' and inserting `$112';
(5) in subparagraph (E), by striking `$257' and inserting `$265'; and
(6) in subparagraph (F), by striking `$215' and inserting `$222'.
(c) Clothing Allowance for Certain Disabled Veterans- Section 1162 is
amended by striking `$641' and inserting `$662'.
(d) Dependency and Indemnity Compensation for Surviving Spouses-
(1) NEW LAW DIC- Subsection (a) of section 1311 is amended--
(A) in paragraph (1), by striking `$1,033' and inserting `$1,067'; and
(B) in paragraph (2), by striking `$221' and inserting `$228'.
(2) OLD LAW DIC- The table in paragraph (3) of such subsection is
amended to read as follows:
----------------------------------------------
Pay grade Monthly rate Pay grade Monthly rate
----------------------------------------------
E-1 $1,067 W-4 $1,276
E-2 $1,067 O-1 $1,128
E-3 $1,067 O-2 $1,165
E-4 $1,067 O-3 $1,246
E-5 $1,067 O-4 $1,319
E-6 $1,067 O-5 $1,452
E-7 $1,104 O-6 $1,637
E-8 $1,165 O-7 $1,768
E-9 $1,2151 O-8 $1,941
W-1 $1,128 O-9 $2,076
W-2 $1,172 O-10 $2,2762
W-3 $1,207
----------------------------------------------
(3) ADDITIONAL DIC FOR CHILDREN OR DISABILITY- Such section is further
amended--
(A) in subsection (b), by striking `$257' and inserting `$265';
(B) in subsection (c), by striking `$257' and inserting `$265'; and
(C) in subsection (d), by striking `$122' and inserting `$126'.
(e) Dependency and Indemnity Compensation for Children-
(1) DIC WHEN NO SURVIVING SPOUSE- Section 1313(a) is amended--
(A) in paragraph (1), by striking `$438' and inserting `$452';
(B) in paragraph (2), by striking `$629' and inserting `$649';
(C) in paragraph (3), by striking `$819' and inserting `$846'; and
(D) in paragraph (4), by striking `$819' and `$157' and inserting `$846'
and `$162', respectively.
(2) SUPPLEMENTAL DIC FOR CERTAIN CHILDREN- Section 1314 is amended--
(A) in subsection (a), by striking `$257' and inserting `$265';
(B) in subsection (b), by striking `$438' and inserting `$452'; and
(C) in subsection (c), by striking `$218' and inserting `$225'.
SEC. 1006. COORDINATION OF PROVISIONS WITH VETERANS PROGRAMS EXTENSION
ACT OF 2006.
(a) Earlier Enactment of This Act- If this Act is enacted before the
Veterans Programs Extension Act of 2006 is enacted into law, the
Veterans Programs Extension Act of 2006, and the amendments made by that
Act, shall not take effect.
(b) Earlier Enactment of Veterans Programs Extension Act of 2006- If
this Act is enacted after the enactment of the Veterans Programs
Extension Act of 2006, then as of the date of the enactment of this Act,
the Veterans Programs Extension Act of 2006 and the amendments made by
that Act shall be deemed for all purposes not to have taken effect and
the Veterans Programs Extension Act of 2006 and the amendments made by
that Act shall cease to be in effect.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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