One Hundred Fourteenth Congress of the United States of America
1st Session
Begun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen
S. 2082
IN THE SENATE OF THE UNITED STATES
AN ACT
To amend title 38, United States Code, to extend certain expiring provisions of law administered by the Secretary of Veterans Affairs, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Department of Veterans Affairs Expiring Authorities Act of 2015
.
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.
Sec. 3. Scoring of budgetary effects.
TITLE I—Extensions of Authority Relating to Health Care
Sec. 101. Extension of authority for collection of copayments for hospital care and nursing home care.
Sec. 102. Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities.
Sec. 103. Extension of authorization of appropriations for assistance and support services for caregivers.
Sec. 104. Extension of authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disability.
Sec. 105. Extension of authority for pilot program on assistance for child care for certain veterans receiving health care.
Sec. 106. Extension of authority to make grants to veterans service organizations for transportation of highly rural veterans.
Sec. 107. Extension of authority for DOD–VA Health Care Sharing Incentive Fund.
Sec. 108. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 109. Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service.
TITLE II—Extensions of Authority Relating to Benefits
Sec. 201. Extension of authority for the Veterans’ Advisory Committee on Education.
Sec. 202. Extension of authority for calculating net value of real property at time of foreclosure.
Sec. 203. Extension of authority relating to vendee loans.
Sec. 204. Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses.
TITLE III—Extensions of Authority Relating to Homelessness
Sec. 301. Extension of authority for homeless veterans reintegration programs.
Sec. 302. Extension of authority for homeless women veterans and homeless veterans with children reintegration program.
Sec. 303. Extension of authority to provide housing assistance for homeless veterans.
Sec. 304. Extension of authority to provide financial assistance for supportive services for very low-income veteran families in permanent housing.
Sec. 305. Extension of authority for grant program for homeless veterans with special needs.
Sec. 306. Extension of authority for the Advisory Committee on Homeless Veterans.
Sec. 307. Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans.
Sec. 308. Extension of authority to provide referral and counseling services for certain veterans at risk of homelessness.
TITLE IV—Other Extensions and Modifications of Authority
Sec. 401. Extension of authority for transportation of individuals to and from Department facilities.
Sec. 402. Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special Events.
Sec. 403. Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines.
Sec. 404. Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative error.
Sec. 405. Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the Armed Forces.
Sec. 406. Extension of authority for Advisory Committee on Minority Veterans.
Sec. 407. Extension of authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulating.
Sec. 408. Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
Sec. 409. Extension of authority for performance of medical disabilities examinations by contract physicians.
Sec. 410. Restoration of prior reporting fee multipliers.
Sec. 411. Extension of requirement for annual report on Department of Defense-Department of Veterans Affairs Interagency Program Office.
Sec. 412. Modification of authorization of fiscal year 2008 major medical facility project at Department medical center in Tampa, Florida.
Sec. 413. Authorization of major medical facility projects.
TITLE V—Matters relating to medical facility project in Denver
Sec. 501. Increase in authorization for Department of Veterans Affairs medical facility project previously authorized.
Sec. 502. Project management of super construction projects.
TITLE VI—Other Matters
Sec. 601. Technical and clerical amendments.
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.
Scoring of budgetary effects
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Extensions of Authority Relating to Health Care
Extension of authority for collection of copayments for hospital care and nursing home care
Section 1710(f)(2)(B) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities
Section 1710A(d) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authorization of appropriations for assistance and support services for caregivers
Section 1720G(e) is amended—
in paragraph (1), by striking and
;
in paragraph (2), by striking the period at the end and inserting ; and
; and
by adding at the end the following new paragraph:
$625,000,000 for fiscal year 2016.
.
Extension of authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disability
Section 1729(a)(2)(E) is amended, in the matter preceding clause (i), by striking October 1, 2015
and inserting October 1, 2016
.
Extension of authority for pilot program on assistance for child care for certain veterans receiving health care
Extension of authority
Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Authorization of appropriations
Subsection (h) of such section is amended by striking and 2015
and inserting , 2015, and 2016
.
Extension of authority to make grants to veterans service organizations for transportation of highly rural veterans
Section 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by striking 2015
and inserting 2016
.
Extension of authority for DOD–VA Health Care Sharing Incentive Fund
Section 8111(d)(3) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund
Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as amended by section 722 of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291;128 Stat. 3417), is amended by striking September 30, 2016
and inserting September 30, 2017
.
Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service
Extension
Subsection (d) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1143) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Authorization of appropriations
Subsection (f) of such section is amended by striking and 2015
and inserting 2015, and 2016
.
Extensions of Authority Relating to Benefits
Extension of authority for the Veterans’ Advisory Committee on Education
Section 3692(c) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authority for calculating net value of real property at time of foreclosure
Section 3732(c)(11) is amended by striking October 1, 2015
and inserting October 1, 2016
.
Extension of authority relating to vendee loans
Section 3733(a)(7) is amended—
in the matter preceding subparagraph (A), by striking September 30, 2015
and inserting September 30, 2016
; and
in subparagraph (C), by striking September 30, 2015,
and inserting September 30, 2016,
.
Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses
Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 458; 10 U.S.C. 1071 note) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extensions of Authority Relating to Homelessness
Extension of authority for homeless veterans reintegration programs
Section 2021(e)(1)(F) is amended by striking 2015
and inserting 2016
.
Extension of authority for homeless women veterans and homeless veterans with children reintegration program
Section 2021A(f)(1) is amended by striking 2015
and inserting 2016
.
Extension of authority to provide housing assistance for homeless veterans
Section 2041(c) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Extension of authority to provide financial assistance for supportive services for very low-income veteran families in permanent housing
Section 2044(e)(1)(E) is amended by striking fiscal years 2013 through 2015
and inserting fiscal years 2015 through 2016
.
Extension of authority for grant program for homeless veterans with special needs
Section 2061(d)(1) is amended by striking 2015
and inserting 2016
.
Extension of authority for the Advisory Committee on Homeless Veterans
Section 2066(d) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans
General treatment
Section 2031(b) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Additional services at certain locations
Section 2033(d) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Extension of authority to provide referral and counseling services for certain veterans at risk of homelessness
Section 2023(d) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Other Extensions and Modifications of Authority
Extension of authority for transportation of individuals to and from Department facilities
Section 111A(a)(2) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special Events
Section 322(d)(4) is amended by striking 2015
and inserting 2016
.
Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines
Section 315(b) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative error
Section 503(c) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the Armed Forces
Section 521A(g)(1) is amended by striking 2015
and inserting 2016
.
Extension of authority for Advisory Committee on Minority Veterans
Section 544(e) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulating
Section 2101(a)(4) is amended—
in subparagraph (A), by striking September 30, 2015
and inserting September 30, 2016
; and
in subparagraph (B), by striking each of fiscal years 2014 and 2015
and inserting each of fiscal years 2014 through 2016
.
Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides
Section 3(i) of the Agent Orange Act of 1991 (Public Law 102–4; 38 U.S.C. 1116 note) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Extension of authority for performance of medical disabilities examinations by contract physicians
Subsection (c) of section 704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is amended by striking December 31, 2015
and inserting December 31, 2016
.
Restoration of prior reporting fee multipliers
Section 406 of the Department of Veterans Affairs Expiring Authorities Act of 2014 (Public Law 113–175; 38 U.S.C. 3684 note) is amended by striking one-year
and inserting two-year
.
Extension of requirement for annual report on Department of Defense-Department of Veterans Affairs Interagency Program Office
Section 1635(h)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1071 note) is amended by striking 2015
and inserting 2016
.
Modification of authorization of fiscal year 2008 major medical facility project at Department medical center in Tampa, Florida
Modification of authorization
In chapter 3 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 Stat. 2326), in the matter under the heading Department of Veterans Affairs–Departmental Administration–Construction, Major Projects
, after Five Year Capital Plan
insert the following: and for constructing a new bed tower at the Department of Veterans Affairs medical center in Tampa, Florida, in lieu of providing bed tower upgrades at such medical center
.
Emergency designation
In general
Subsection (a) is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
Designation in Senate
In the Senate, subsection (a) is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
Authorization of major medical facility projects
Authorization
The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in an amount not to exceed the amount specified for that project:
Construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York, in an amount not to exceed $158,980,000.
Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $126,100,000.
Seismic correction of 12 buildings in West Los Angeles, California, in an amount not to exceed $70,500,000.
Construction of a spinal cord injury building and seismic corrections in San Diego, California, in an amount not to exceed $205,840,000.
Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2015 or the year in which funds are appropriated for the Construction, Major Projects, account, a total of $561,420,000 for the projects authorized in subsection (a).
Limitation
The projects authorized under this section may only be carried out using—
funds appropriated for fiscal year 2015 pursuant to the authorization of appropriations in subsection (b);
funds available for Construction, Major Projects for a fiscal year before fiscal year 2015 that remain available for obligation;
funds available for Construction, Major Projects, for a fiscal year after fiscal year 2015 that remain available for obligation;
funds appropriated for Construction, Major Projects, for fiscal year 2015 for a category of activity not specific to a project;
funds appropriated for Construction, Major Projects, for a fiscal year before 2015 for a category of activity not specific to a project; and
funds appropriated for Construction, Major Projects, for a fiscal year after 2015 for a category of activity not specific to a project.
Matters relating to medical facility project in Denver
Increase in authorization for Department of Veterans Affairs medical facility project previously authorized
In general
Section 2(a) of the Construction Authorization and Choice Improvement Act (Public Law 114–19; 129 Stat. 215), as amended by section 1 of Public Law 114–25, is further amended by striking $1,050,000,000
and inserting $1,675,000,000
.
Sense of Congress
It is the sense of Congress that the Continuing Appropriations Resolution, 2016 authorizes the Secretary of Veterans Affairs to transfer discretionary unobligated balances appropriated for fiscal year 2015 and discretionary advance appropriations for fiscal year 2016 to fund the increase under subsection (a) of the authorization to carry out the medical facility construction project in Denver, Colorado, specified in section 2 of the Construction Authorization and Choice Improvement Act (Public Law 114–19; 129 Stat. 215).
Prohibition on transfer of certain amounts
The Secretary may not transfer any amounts from the Veterans Choice Fund established under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) to fund the increase under subsection (a) of the authorization to carry out the medical facility construction project described in subsection (b).
Project management of super construction projects
In general
Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection:
In the case of any super construction project, the Secretary shall enter into an agreement with an appropriate non-Department Federal entity to provide full project management services for the super construction project, including management over the project design, acquisition, construction, and contract changes.
An agreement entered into under paragraph (1) with a Federal entity shall provide that the Secretary shall reimburse the Federal entity for all costs associated with the provision of project management services under the agreement.
In this subsection, the term super construction project means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000.
.
Application
The amendment made by subsection (a) shall apply with respect to the following:
The medical facility construction project in Denver, Colorado, specified in section 2 of the Construction Authorization and Choice Improvement Act (Public Law 114–19; 129 Stat. 215).
Any super construction project (as defined in section 8103(e)(3) of title 38, United States Code, as added by subsection (a)) that is authorized on or after the date of the enactment of this Act.
Other Matters
Technical and clerical amendments
Title 38, United States Code, is amended—
in section 111(b)—
in paragraph (1), by striking subsection (g)(2)(A)
and inserting subsection (g)(2)
; and
in paragraph (3)(C), by striking (42 U.S.C. 1395(l))
and inserting (42 U.S.C. 1395m(l))
;
in the table of sections at the beginning of chapter 5 of such title, by striking the item relating to section 521A and inserting the following:
521A. Adaptive sports programs for disabled veterans and members of the Armed Forces.
;
in section 1503(a)(5), by striking subclause
and inserting subparagraph
each place it appears;
in section 1710(e)(1)—
in subparagraph (D), by striking (as defined in section 1712A(a)(2)(B) of this title)
; and
in subparagraph (F)(viii), by striking Myleodysplasic
and inserting Myelodysplastic
;
in section 1710D(c)(1), by striking (as defined in section 1712A(a)(2)(B) of this title)
;
in section 1720G(a)(7)(B)(iii), by striking has
and inserting have
;
in section 1781(a)(4), by striking the semicolon and inserting a comma;
in section 1832(b)(2), by striking (b)(2)
and inserting (b)(3)
;
in section 2044(b)(1)(D), by striking federal
and inserting Federal
;
in section 2101(a), by moving the margins of paragraph (2), and of the subparagraphs, clauses, and subclauses therein, 2 ems to the left;
in section 2101(a)(2)(B) by striking clause (ii) and inserting the following new clause (ii):
The disability is due to—
blindness in both eyes, having only light perception, plus
loss or loss of use of one lower extremity.
.
in section 2109(a) by striking provisions of section
and inserting provisions of sections
;
in section 2303(c), by striking internment
and inserting interment
;
in section 2411(e)(1), by striking federal official
and inserting Federal official
;
in section 3108(b)(4), by inserting the
before rehabilitation program concerned
;
in section 3313, by striking 1070a
each place it appears and inserting 1070a(b)
;
in section 3313(e)(2)(A)(iii), by striking the second period;
in section 3313(g)(3)(A)(iii), by inserting a comma after books
;
in section 3319, by striking armed forces
each place it appears and inserting Armed Forces
;
in section 4102A(c)(9)(A)(ii)(III), by striking the quotation mark at the end;
in section 5302A—
by amending the enumerator and section heading to read as follows:
Collection of indebtedness: certain debts of members of the Armed Forces and veterans who die of injury incurred or aggravated in the line of duty in a combat zone
; and
in subsection (b), by striking (as that term is defined in section 1712A(a)(2)(B) of this title)
;
in section 7309(c)(1), by inserting the
before Veterans Health Administration
;
in section 7401(3)(A)(ii), by striking that
;
in section 7683(d), by inserting a period at the end; and
in section 8162(a)(2), by inserting if
after housing and
.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate
