II 

115TH CONGRESS 

1ST SESSION S. 591 

To expand eligibility for the program of comprehensive assistance for family 

caregivers of the Department of Veterans Affairs, to expand benefits 

available to participants under such program, to enhance special compensation for members of the uniformed services who require assistance 

in everyday life, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2017 

Mrs. MURRAY (for herself, Ms. COLLINS, Ms. BALDWIN, Mr. BENNET, Mr. 

BLUMENTHAL, Mr. BROWN, Mr. COONS, Mr. DURBIN, Mr. FRANKEN, 

Mr. KING, Mr. MURPHY, Mr. SCHATZ, Mr. SANDERS, Mrs. SHAHEEN, 

Mr. TESTER, Mr. WARNER, and Ms. CANTWELL) introduced the following 

bill; which was read twice and referred to the Committee on Veterans’ 

Affairs 

A BILL 

To expand eligibility for the program of comprehensive assistance for family caregivers of the Department of Veterans 

Affairs, to expand benefits available to participants under 

such program, to enhance special compensation for members of the uniformed services who require assistance 

in everyday life, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military and Veteran 

3 Caregiver Services Improvement Act of 2017’’. 

4 SEC. 2. EXPANSION OF ELIGIBILITY FOR PARTICIPATION IN 

5 AND SERVICES PROVIDED UNDER FAMILY 

6 CAREGIVER PROGRAM OF DEPARTMENT OF 

7 VETERANS AFFAIRS. 

8 (a) FAMILY CAREGIVER PROGRAM.— 

9 (1) EXPANSION OF ELIGIBILITY.—Subsection 

10 (a)(2)(B) of section 1720G of title 38, United States 

11 Code, is amended by striking ‘‘on or after September 

12 11, 2001’’. 

13 (2) CLARIFICATION OF ELIGIBILITY FOR ILL14 NESS.—Such subsection is further amended by in15 serting ‘‘or illness’’ after ‘‘serious injury’’. 

16 (3) EXPANSION OF NEEDED SERVICES IN ELI17 GIBILITY CRITERIA.—Subsection (a)(2)(C) of such 

18 section is amended— 

19 (A) in clause (ii), by striking ‘‘; or’’ and in20 serting a semicolon; 

21 (B) by redesignating clause (iii) as clause 

22 (iv); and 

23 (C) by inserting after clause (ii) the fol24 lowing new clause (iii): 

25 ‘‘(iii) a need for regular or extensive in26 struction or supervision without which the abilVerDate Sep 11 2014 04:20 Mar 15, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S591.IS S591

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1 ity of the veteran to function in daily life would 

2 be seriously impaired; or’’. 

3 (4) EXPANSION OF SERVICES PROVIDED.—Sub4 section (a)(3)(A)(ii) of such section is amended— 

5 (A) in subclause (IV), by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (B) in subclause (V), by striking the period 

8 at the end and inserting a semicolon; and 

9 (C) by adding at the end the following new 

10 subclauses: 

11 ‘‘(VI) child care services or a monthly sti12 pend for such services if such services are not 

13 readily available from the Department; 

14 ‘‘(VII) financial planning services relating 

15 to the needs of injured and ill veterans and 

16 their caregivers; and 

17 ‘‘(VIII) legal services, including legal ad18 vice and consultation, relating to the needs of 

19 injured and ill veterans and their caregivers.’’. 

20 (5) EXPANSION OF RESPITE CARE PROVIDED.— 

21 Subsection (a)(3)(B) of such section is amended by 

22 striking ‘‘shall be’’ and all that follows through the 

23 period at the end and inserting ‘‘shall— 

24 ‘‘(i) be medically and age-appropriate; 

25 ‘‘(ii) include in-home care; and 


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1 ‘‘(iii) include peer-oriented group activities.’’. 

2 (6) MODIFICATION OF STIPEND CALCULA3 TION.—Subsection (a)(3)(C) of such section is 

4 amended— 

5 (A) by redesignating clause (iii) as clause 

6 (iv); and 

7 (B) by inserting after clause (ii) the fol8 lowing new clause (iii): 

9 ‘‘(iii) In determining the amount and degree of per10 sonal care services provided under clause (i) with respect 

11 to an eligible veteran whose need for personal care services 

12 is based in whole or in part on a need for supervision or 

13 protection under paragraph (2)(C)(ii) or regular or exten14 sive instruction or supervision under paragraph (2)(C)(iii), 

15 the Secretary shall take into account the following: 

16 ‘‘(I) The assessment by the family caregiver of 

17 the needs and limitations of the veteran. 

18 ‘‘(II) The extent to which the veteran can func19 tion safely and independently in the absence of such 

20 supervision, protection, or instruction. 

21 ‘‘(III) The amount of time required for the 

22 family caregiver to provide such supervision, protec23 tion, or instruction to the veteran.’’. 

24 (7) PERIODIC EVALUATION OF NEED FOR CER25 TAIN SERVICES.—Subsection (a)(3) of such section 


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1 is amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(D) In providing instruction, preparation, and train4 ing under subparagraph (A)(i)(I) and technical support 

5 under subparagraph (A)(i)(II) to each family caregiver 

6 who is approved as a provider of personal care services 

7 for an eligible veteran under paragraph (6), the Secretary 

8 shall periodically evaluate the needs of the eligible veteran 

9 and the skills of the family caregiver of such veteran to 

10 determine if additional instruction, preparation, training, 

11 or technical support under those subparagraphs is nec12 essary.’’. 

13 (8) USE OF PRIMARY CARE TEAMS.—Subsection 

14 (a)(5) of such section is amended, in the matter pre15 ceding subparagraph (A), by inserting ‘‘(in collabo16 ration with the primary care team for the eligible 

17 veteran to the maximum extent practicable)’’ after 

18 ‘‘evaluate’’. 

19 (9) ELIGIBILITY OF AND ASSISTANCE FOR FAM20 ILY CAREGIVERS.—Subsection (a) of such section is 

21 amended by adding at the end the following new 

22 paragraphs: 

23 ‘‘(11) Notwithstanding any other provision of this 

24 subsection, a family caregiver of an eligible veteran who 

25 is eligible under paragraph (2) solely because of a serious 


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1 injury or illness (including traumatic brain injury, psycho2 logical trauma, or other mental disorder) incurred or ag3 gravated in the line of duty in the active military, naval, 

4 or air service before September 11, 2001, is eligible for 

5 assistance under this subsection as follows: 

6 ‘‘(A) Not earlier than October 1, 2018, if the 

7 family caregiver would merit a monthly personal 

8 caregiver stipend under paragraph (3)(A)(ii)(V) in 

9 an amount that is in the highest tier specified in the 

10 schedule established by the Secretary under para11 graph (3)(C)(i). 

12 ‘‘(B) Not earlier than October 1, 2020, if the 

13 family caregiver would merit such a stipend in an 

14 amount that is in the middle tier specified in such 

15 schedule. 

16 ‘‘(C) Not earlier than October 1, 2022, if the 

17 family caregiver would merit such a stipend in an 

18 amount that is in the lowest tier specified in such 

19 schedule. 

20 ‘‘(12)(A) In providing assistance under this sub21 section to family caregivers of eligible veterans, the Sec22 retary may enter into contracts, provider agreements, and 

23 memoranda of understanding with Federal agencies, 

24 States, and private, nonprofit, and other entities to pro25 vide such assistance to such family caregivers. 


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1 ‘‘(B) The Secretary may provide assistance under 

2 this paragraph only if such assistance is reasonably acces3 sible to the family caregiver and is substantially equivalent 

4 or better in quality to similar services provided by the De5 partment. 

6 ‘‘(C) The Secretary may provide fair compensation 

7 to Federal agencies, States, and other entities that provide 

8 assistance under this paragraph. 

9 ‘‘(D) In carrying out this paragraph, the Secretary 

10 shall work with the interagency working group on policies 

11 relating to caregivers of veterans and members of the 

12 Armed Forces established under section 7 of the Military 

13 and Veteran Caregiver Services Improvement Act of 

14 2017.’’. 

15 (b) TERMINATION OF GENERAL CAREGIVER SUP16 PORT PROGRAM.— 

17 (1) IN GENERAL.—Subsection (b) of such sec18 tion is amended by adding at the end the following 

19 new paragraph: 

20 ‘‘(6) The authority of the Secretary to provide sup21 port services for caregivers of covered veterans under this 

22 subsection shall terminate on October 1, 2022.’’. 

23 (2) CONTINUATION OF CERTAIN ASSISTANCE.— 

24 The Secretary of Veterans Affairs shall ensure that 

25 any activities carried out under subsection (b) of 


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1 such section on September 30, 2022, are continued 

2 under subsection (a) of such section on and after 

3 October 1, 2022. 

4 (c) MODIFICATION OF DEFINITION OF FAMILY MEM5 BER.—Subparagraph (B) of subsection (d)(3) of such sec6 tion is amended to read as follows: 

7 ‘‘(B) is not a member of the family of the 

8 veteran and does not provide care to the vet9 eran on a professional basis.’’. 

10 (d) MODIFICATION OF DEFINITION OF PERSONAL

11 CARE SERVICES.—Subsection (d)(4) of such section is 

12 amended— 

13 (1) in subparagraph (A), by striking ‘‘inde14 pendent’’; 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (D); and 

17 (3) by inserting after subparagraph (A) the fol18 lowing new subparagraphs: 

19 ‘‘(B) Supervision or protection based on 

20 symptoms or residuals of neurological or other 

21 impairment or injury. 

22 ‘‘(C) Regular or extensive instruction or 

23 supervision without which the ability of the vet24 eran to function in daily life would be seriously 

25 impaired.’’. 


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1 (e) ANNUAL EVALUATION REPORT.—Paragraph (2) 

2 of section 101(c) of the Caregivers and Veterans Omnibus 

3 Health Services Act of 2010 (Public Law 111–163; 38 

4 U.S.C. 1720G note) is amended to read as follows: 

5 ‘‘(2) CONTENTS.—Each report required by 

6 paragraph (1) after the date of the enactment of the 

7 Military and Veteran Caregiver Services Improve8 ment Act of 2017 shall include the following with re9 spect to the program of comprehensive assistance for 

10 family caregivers required by subsection (a)(1) of 

11 such section 1720G: 

12 ‘‘(A) The number of family caregivers that 

13 received assistance under such program. 

14 ‘‘(B) The cost to the Department of pro15 viding assistance under such program. 

16 ‘‘(C) A description of the outcomes 

17 achieved by, and any measurable benefits of, 

18 carrying out such program. 

19 ‘‘(D) An assessment of the effectiveness 

20 and the efficiency of the implementation of such 

21 program, including a description of any barriers 

22 to accessing and receiving care and services 

23 under such program. 


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1 ‘‘(E) A description of the outreach activi2 ties carried out by the Secretary under such 

3 program. 

4 ‘‘(F) An assessment of the manner in 

5 which resources are expended by the Secretary 

6 under such program, particularly with respect 

7 to the provision of monthly personal caregiver 

8 stipends under subsection (a)(3)(A)(ii)(V) of 

9 such section 1720G. 

10 ‘‘(G) An evaluation of the sufficiency and 

11 consistency of the training provided to family 

12 caregivers under such program in preparing 

13 family caregivers to provide care to veterans 

14 under such program. 

15 ‘‘(H) Such recommendations, including 

16 recommendations for legislative or administra17 tive action, as the Secretary considers appro18 priate in light of carrying out such program.’’. 


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1 SEC. 3. AUTHORITY TO TRANSFER ENTITLEMENT TO POST2 9/11 EDUCATION ASSISTANCE TO FAMILY 

3 MEMBERS BY SERIOUSLY INJURED VET4 ERANS IN NEED OF PERSONAL CARE SERV5 ICES. 

6 (a) IN GENERAL.—Subchapter II of chapter 33 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 3319A. Authority to transfer unused education 

10 benefits to family members by seriously 

11 injured veterans 

12 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

13 section, the Secretary may permit an individual described 

14 in subsection (b) who is entitled to educational assistance 

15 under this chapter to elect to transfer to one or more of 

16 the dependents specified in subsection (c) a portion of 

17 such individual’s entitlement to such assistance, subject 

18 to the limitation under subsection (d). 

19 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re20 ferred to in subsection (a) is any individual who is de21 scribed in paragraph (2) of section 1720G(a) of this title 

22 and who is participating in the program established under 

23 paragraph (1) of such section. 

24 ‘‘(c) ELIGIBLE DEPENDENTS.—An individual ap25 proved to transfer an entitlement to educational assistance 


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1 under this section may transfer the individual’s entitle2 ment as follows: 

3 ‘‘(1) To the individual’s spouse. 

4 ‘‘(2) To one or more of the individual’s chil5 dren. 

6 ‘‘(3) To a combination of the individuals re7 ferred to in paragraphs (1) and (2). 

8 ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) 

9 The total number of months of entitlement transferred by 

10 a individual under this section may not exceed 36 months. 

11 ‘‘(2) The Secretary may prescribe regulations that 

12 would limit the months of entitlement that may be trans13 ferred under this section to no less than 18 months. 

14 ‘‘(e) DESIGNATION OF TRANSFEREE.—An individual 

15 transferring an entitlement to educational assistance 

16 under this section shall— 

17 ‘‘(1) designate the dependent or dependents to 

18 whom such entitlement is being transferred; 

19 ‘‘(2) designate the number of months of such 

20 entitlement to be transferred to each such depend21 ent; and 

22 ‘‘(3) specify the period for which the transfer 

23 shall be effective for each dependent designated 

24 under paragraph (1). 


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1 ‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI2 FICATION.—(1) Transfer of entitlement to educational as3 sistance under this section shall be subject to the time lim4 itation for use of entitlement under section 3321 of this 

5 title. 

6 ‘‘(2)(A) An individual transferring entitlement under 

7 this section may modify or revoke at any time the transfer 

8 of any unused portion of the entitlement so transferred. 

9 ‘‘(B) The modification or revocation of the transfer 

10 of entitlement under this paragraph shall be made by the 

11 submittal of written notice of the action to the Secretary. 

12 ‘‘(3) Entitlement transferred under this section may 

13 not be treated as marital property, or the asset of a mar14 ital estate, subject to division in a divorce or other civil 

15 proceeding. 

16 ‘‘(g) COMMENCEMENT OF USE.—A dependent child 

17 to whom entitlement to educational assistance is trans18 ferred under this section may not commence the use of 

19 the transferred entitlement until either— 

20 ‘‘(1) the completion by the child of the require21 ments of a secondary school diploma (or equivalency 

22 certificate); or 

23 ‘‘(2) the attainment by the child of 18 years of 

24 age. 


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1 ‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) 

2 The use of any entitlement to educational assistance 

3 transferred under this section shall be charged against the 

4 entitlement of the individual making the transfer at the 

5 rate of one month for each month of transferred entitle6 ment that is used. 

7 ‘‘(2) Except as provided under subsection (e)(2) and 

8 subject to paragraphs (5) and (6), a dependent to whom 

9 entitlement is transferred under this section is entitled to 

10 educational assistance under this chapter in the same 

11 manner as the individual from whom the entitlement was 

12 transferred. 

13 ‘‘(3) The monthly rate of educational assistance pay14 able to a dependent to whom entitlement referred to in 

15 paragraph (2) is transferred under this section shall be 

16 payable at the same rate as such entitlement would other17 wise be payable under this chapter to the individual mak18 ing the transfer. 

19 ‘‘(4) The death of an individual transferring an enti20 tlement under this section shall not affect the use of the 

21 entitlement by the dependent to whom the entitlement is 

22 transferred. 

23 ‘‘(5)(A) A child to whom entitlement is transferred 

24 under this section may use the benefits transferred with25 out regard to the 15-year delimiting date specified in secVerDate Sep 11 2014 04:20 Mar 15, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S591.IS S591

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1 tion 3321 of this title, but may not, except as provided 

2 in subparagraph (B), use any benefits so transferred after 

3 attaining the age of 26 years. 

4 ‘‘(B)(i) Subject to clause (ii), in the case of a child 

5 who, before attaining the age of 26 years, is prevented 

6 from pursuing a chosen program of education by reason 

7 of acting as the primary provider of personal care services 

8 for a veteran or member of the Armed Forces under sec9 tion 1720G(a) of this title, the child may use the benefits 

10 beginning on the date specified in clause (iii) for a period 

11 whose length is specified in clause (iv). 

12 ‘‘(ii) Clause (i) shall not apply with respect to the 

13 period of an individual as a primary provider of personal 

14 care services if the period concludes with the revocation 

15 of the individual’s designation as such a primary provider 

16 under section 1720G(a)(7)(D) of this title. 

17 ‘‘(iii) The date specified in this clause for the begin18 ning of the use of benefits by a child under clause (i) is 

19 the later of— 

20 ‘‘(I) the date on which the child ceases acting 

21 as the primary provider of personal care services for 

22 the veteran or member concerned as described in 

23 clause (i); 

24 ‘‘(II) the date on which it is reasonably feasible, 

25 as determined under regulations prescribed by the 


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1 Secretary, for the child to initiate or resume the use 

2 of benefits; or 

3 ‘‘(III) the date on which the child attains the 

4 age of 26 years. 

5 ‘‘(iv) The length of the period specified in this clause 

6 for the use of benefits by a child under clause (i) is the 

7 length equal to the length of the period that— 

8 ‘‘(I) begins on the date on which the child be9 gins acting as the primary provider of personal care 

10 services for the veteran or member concerned as de11 scribed in clause (i); and 

12 ‘‘(II) ends on the later of— 

13 ‘‘(aa) the date on which the child ceases 

14 acting as the primary provider of personal care 

15 services for the veteran or member as described 

16 in clause (i); or 

17 ‘‘(bb) the date on which it is reasonably 

18 feasible, as so determined, for the child to ini19 tiate or resume the use of benefits. 

20 ‘‘(6) The purposes for which a dependent to whom 

21 entitlement is transferred under this section may use such 

22 entitlement shall include the pursuit and completion of the 

23 requirements of a secondary school diploma (or equiva24 lency certificate). 


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1 ‘‘(7) The administrative provisions of this chapter 

2 shall apply to the use of entitlement transferred under this 

3 section, except that the dependent to whom the entitle4 ment is transferred shall be treated as the eligible indi5 vidual for purposes of such provisions. 

6 ‘‘(i) OVERPAYMENT.—In the event of an overpayment 

7 of educational assistance with respect to a dependent to 

8 whom entitlement is transferred under this section, the de9 pendent and the individual making the transfer shall be 

10 jointly and severally liable to the United States for the 

11 amount of the overpayment for purposes of section 3685 

12 of this title. 

13 ‘‘(j) REGULATIONS.—(1) The Secretary shall pre14 scribe regulations to carry out this section. 

15 ‘‘(2) Such regulations shall specify— 

16 ‘‘(A) the manner of authorizing the transfer of 

17 entitlements under this section; 

18 ‘‘(B) the eligibility criteria in accordance with 

19 subsection (b); and 

20 ‘‘(C) the manner and effect of an election to 

21 modify or revoke a transfer of entitlement under 

22 subsection (f)(2).’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) TRANSFERS BY MEMBERS OF ARMED

25 FORCES.—The heading of section 3319 of such title 


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1 is amended by inserting ‘‘by members of the 

2 Armed Forces’’ after ‘‘family members’’. 

3 (2) BAR TO DUPLICATION OF EDUCATIONAL AS4 SISTANCE BENEFITS.—Section 3322(e) of such title 

5 is amended by inserting ‘‘or 3319A’’ after ‘‘and 

6 3319’’. 

7 (c) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 33 of such title is amended 

9 by striking the item relating to section 3319 and inserting 

10 the following new items: 

‘‘3319. Authority to transfer unused education benefits to family members by 

members of the Armed Forces. 

‘‘3319A. Authority to transfer unused education benefits to family members by 

seriously injured veterans.’’. 

11 SEC. 4. ENHANCEMENT OF SPECIAL COMPENSATION FOR 

12 MEMBERS OF THE UNIFORMED SERVICES 

13 WITH INJURIES OR ILLNESSES REQUIRING 

14 ASSISTANCE IN EVERYDAY LIVING. 

15 (a) EXPANSION OF COVERED MEMBERS.—Sub16 section (b) of section 439 of title 37, United States Code, 

17 is amended— 

18 (1) by striking paragraphs (1) through (3) and 

19 inserting the following new paragraphs: 

20 ‘‘(1) has a serious injury or illness that was in21 curred or aggravated in the line of duty; 

22 ‘‘(2) is in need of personal care services (includ23 ing supervision or protection or regular instruction 


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1 or supervision) as a result of such injury or illness; 

2 and’’; and 

3 (2) by redesignating paragraph (4) as para4 graph (3). 

5 (b) PROVISION OF ASSISTANCE TO FAMILY CARE6 GIVERS.—Such section is further amended— 

7 (1) by redesignating subsections (e), (f), (g), 

8 and (h) as subsections (f), (g), (h), and (i), respec9 tively; and 

10 (2) by inserting after subsection (d) the fol11 lowing new subsection (e): 

12 ‘‘(e) ASSISTANCE FOR FAMILY CAREGIVERS.—(1) 

13 The Secretary of Veterans Affairs shall provide family 

14 caregivers of a member in receipt of monthly special com15 pensation under subsection (a) the assistance required to 

16 be provided to family caregivers of eligible veterans under 

17 section 1720G(a)(3)(A) of title 38 (other than the monthly 

18 personal caregiver stipend provided for in clause (ii)(V) 

19 of such section). For purposes of the provision of such 

20 assistance under this subsection, the definitions in section 

21 1720G(d) of title 38 shall apply, except that any reference 

22 in such definitions to a veteran or eligible veteran shall 

23 be deemed to be a reference to the member concerned. 

24 ‘‘(2) The Secretary of Veterans Affairs shall provide 

25 assistance under this subsection— 


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1 ‘‘(A) in accordance with a memorandum of un2 derstanding entered into by the Secretary of Vet3 erans Affairs and the Secretary of Defense; and 

4 ‘‘(B) in accordance with a memorandum of un5 derstanding entered into by the Secretary of Vet6 erans Affairs and the Secretary of Homeland Secu7 rity (with respect to members of the Coast Guard). 

8 ‘‘(3) The Secretary of Veterans Affairs shall ensure 

9 that a family caregiver in receipt of assistance under this 

10 subsection is able to transition seamlessly to the receipt 

11 of assistance under section 1720G of title 38.’’. 

12 (c) INFORMATION ON FAMILY CAREGIVER BENE13 FITS.—Subsection (g) of such section, as redesignated by 

14 subsection (b)(1) of this section, is amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(3) The Secretary of Defense, in collaboration with 

17 the Secretary of Veterans Affairs, shall ensure that mem18 bers of the uniformed services in receipt of monthly special 

19 compensation under subsection (a) are aware of the eligi20 bility of such members for family caregiver assistance 

21 under subsection (e).’’. 

22 (d) EXPANSION OF COVERED INJURIES AND ILL23 NESSES.—Subsection (h) of such section, as redesignated 

24 by subsection (b)(1) of this section, is amended to read 

25 as follows: 


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1 ‘‘(h) SERIOUS INJURY OR ILLNESS DEFINED.—In 

2 this section, the term ‘serious injury or illness’ means an 

3 injury, disorder, or illness (including traumatic brain in4 jury, psychological trauma, or other mental disorder) 

5 that— 

6 ‘‘(1) renders the afflicted person unable to 

7 carry out one or more activities of daily living; 

8 ‘‘(2) renders the afflicted person in need of su9 pervision or protection due to the manifestation by 

10 such person of symptoms or residuals of neurological 

11 or other impairment or injury; 

12 ‘‘(3) renders the afflicted person in need of reg13 ular or extensive instruction or supervision in com14 pleting two or more instrumental activities of daily 

15 living; or 

16 ‘‘(4) otherwise impairs the afflicted person in 

17 such manner as the Secretary of Defense (or the 

18 Secretary of Homeland Security, with respect to the 

19 Coast Guard) prescribes for purposes of this sec20 tion.’’. 

21 (e) CLERICAL AMENDMENTS.— 

22 (1) HEADING AMENDMENT.—The heading for 

23 such section is amended to read as follows: 


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1 ‘‘§ 439. Special compensation: members of the uni2 formed services with serious injuries or 

3 illnesses requiring assistance in everyday 

4 living’’. 

5 (2) TABLE OF SECTIONS AMENDMENT.—The 

6 table of sections at the beginning of chapter 7 of 

7 such title is amended by striking the item relating 

8 to section 439 and inserting the following new item: 

‘‘439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living.’’. 

9 SEC. 5. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN 

10 FEDERAL EMPLOYEES. 

11 (a) DEFINITION OF COVERED EMPLOYEE.—In this 

12 section, the term ‘‘covered employee’’ means an employee 

13 (as defined in section 2105 of title 5, United States Code) 

14 who— 

15 (1) is a caregiver, as defined in section 1720G 

16 of title 38, United States Code; or 

17 (2) is a caregiver of an individual who receives 

18 compensation under section 439 of title 37, United 

19 States Code. 

20 (b) AUTHORITY TO ALLOW FLEXIBLE WORK AR21 RANGEMENTS.—The Director of the Office of Personnel 

22 Management may promulgate regulations under which a 

23 covered employee may— 


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1 (1) use a flexible schedule or compressed sched2 ule in accordance with subchapter II of chapter 61 

3 of title 5, United States Code; or 

4 (2) telework in accordance with chapter 65 of 

5 title 5, United States Code. 

6 SEC. 6. LIFESPAN RESPITE CARE. 

7 (a) DEFINITIONS.—Section 2901 of the Public 

8 Health Service Act (42 U.S.C. 300ii) is amended— 

9 (1) in paragraph (1)— 

10 (A) by redesignating subparagraphs (A) 

11 through (C) as clauses (i) through (iii), respec12 tively, and realigning the margins accordingly; 

13 (B) by striking ‘‘who requires care or su14 pervision to—’’ and inserting ‘‘who— 

15 ‘‘(A) requires care or supervision to—’’; 

16 (C) by striking the period and inserting ‘‘; 

17 or’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(B) is a veteran participating in the pro20 gram of comprehensive assistance for family 

21 caregivers under section 1720G(a) of title 38, 

22 United States Code.’’; and 

23 (2) in paragraph (5), by striking ‘‘or another 

24 unpaid adult,’’ and inserting ‘‘another unpaid adult, 

25 or a family caregiver as defined in section 1720G of 


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1 title 38, United States Code, who receives compensa2 tion under such section,’’. 

3 (b) GRANTS AND COOPERATIVE AGREEMENTS.—Sec4 tion 2902(c) of the Public Health Service Act (42 U.S.C. 

5 300ii–1(c)) is amended by inserting ‘‘and the interagency 

6 working group on policies relating to caregivers of vet7 erans established under section 7 of the Military and Vet8 eran Caregiver Services Improvement Act of 2017’’ after 

9 ‘‘Human Services’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 2905 of the Public Health Service Act (42 U.S.C. 300ii– 

12 4) is amended by striking ‘‘There are’’ and all that follows 

13 through ‘‘2011.’’ and inserting ‘‘There are authorized to 

14 be appropriated to carry out this title $15,000,000 for 

15 each of fiscal years 2017 through 2022.’’. 

16 SEC. 7. INTERAGENCY WORKING GROUP ON CAREGIVER 

17 POLICY. 

18 (a) ESTABLISHMENT.—There shall be established in 

19 the executive branch an interagency working group on 

20 policies relating to caregivers of veterans and members of 

21 the Armed Forces (in this section referred to as the 

22 ‘‘working group’’). 

23 (b) COMPOSITION.— 

24 (1) IN GENERAL.—The working group shall be 

25 composed of the following: 


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1 (A) A chairperson selected by the Presi2 dent. 

3 (B) A representative from each of the fol4 lowing agencies or organizations selected by the 

5 head of such agency or organization: 

6 (i) The Department of Veterans Af7 fairs. 

8 (ii) The Department of Defense. 

9 (iii) The Department of Health and 

10 Human Services. 

11 (iv) The Department of Labor. 

12 (v) The Centers for Medicare and 

13 Medicaid Services. 

14 (2) ADVISORS.—The chairperson may select 

15 any of the following individuals that the chairperson 

16 considers appropriate to advise the working group in 

17 carrying out the duties of the working group: 

18 (A) Academic experts in fields relating to 

19 caregivers. 

20 (B) Clinicians. 

21 (C) Caregivers. 

22 (D) Individuals in receipt of caregiver serv23 ices. 

24 (c) DUTIES.—The duties of the working group are 

25 as follows: 


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1 (1) To regularly review policies relating to care2 givers of veterans and members of the Armed 

3 Forces. 

4 (2) To coordinate and oversee the implementa5 tion of policies relating to caregivers of veterans and 

6 members of the Armed Forces. 

7 (3) To evaluate the effectiveness of policies re8 lating to caregivers of veterans and members of the 

9 Armed Forces, including programs in each relevant 

10 agency, by developing and applying specific goals 

11 and performance measures. 

12 (4) To develop standards of care for caregiver 

13 services and respite care services provided to a care14 giver, veteran, or member of the Armed Forces by 

15 a nonprofit or private sector entity. 

16 (5) To ensure the availability of mechanisms for 

17 agencies, and entities affiliated with or providing 

18 services on behalf of agencies, to enforce the stand19 ards described in paragraph (4) and conduct over20 sight on the implementation of such standards. 

21 (6) To develop recommendations for legislative 

22 or administrative action to enhance the provision of 

23 services to caregivers, veterans, and members of the 

24 Armed Forces, including eliminating gaps in such 


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1 services and eliminating disparities in eligibility for 

2 such services. 

3 (7) To coordinate with State and local agencies 

4 and relevant nonprofit organizations on maximizing 

5 the use and effectiveness of resources for caregivers 

6 of veterans and members of the Armed Forces. 

7 (d) REPORTS.— 

8 (1) IN GENERAL.—Not later than December 31, 

9 2017, and annually thereafter, the chairperson of 

10 the working group shall submit to Congress a report 

11 on policies and services relating to caregivers of vet12 erans and members of the Armed Forces. 

13 (2) ELEMENTS.—Each report required by para14 graph (1) shall include the following: 

15 (A) An assessment of the policies relating 

16 to caregivers of veterans and members of the 

17 Armed Forces and services provided pursuant 

18 to such policies as of the date of submittal of 

19 the report. 

20 (B) A description of any steps taken by 

21 the working group to improve the coordination 

22 of services for caregivers of veterans and mem23 bers of the Armed Forces among the entities 

24 specified in subsection (b)(1)(B) and eliminate 


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1 barriers to effective use of such services, includ2 ing aligning eligibility criteria. 

3 (C) An evaluation of the performance of 

4 the entities specified in subsection (b)(1)(B) in 

5 providing services for caregivers of veterans and 

6 members of the Armed Forces. 

7 (D) An evaluation of the quality and suffi8 ciency of services for caregivers of veterans and 

9 members of the Armed Forces available from 

10 nongovernmental organizations. 

11 (E) A description of any gaps in care or 

12 services provided by caregivers to veterans or 

13 members of the Armed Forces identified by the 

14 working group, and steps taken by the entities 

15 specified in subsection (b)(1)(B) to eliminate 

16 such gaps or recommendations for legislative or 

17 administrative action to address such gaps. 

18 (F) Such other matters or recommenda19 tions as the chairperson considers appropriate. 

20 SEC. 8. STUDIES ON POST-SEPTEMBER 11, 2001, VETERANS 

21 AND SERIOUSLY INJURED VETERANS. 

22 (a) LONGITUDINAL STUDY ON POST-9/11 VET23 ERANS.— 

24 (1) IN GENERAL.—The Secretary of Veterans 

25 Affairs shall provide for the conduct of a longituVerDate Sep 11 2014 04:20 Mar 15, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S591.IS S591

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1 dinal study on members of the Armed Forces who 

2 commenced service in the Armed Forces after Sep3 tember 11, 2001. 

4 (2) GRANT OR CONTRACT.—The Secretary shall 

5 award a grant to, or enter into a contract with, an 

6 appropriate entity unaffiliated with the Department 

7 of Veterans Affairs to conduct the study required by 

8 paragraph (1). 

9 (3) PLAN.—Not later than one year after the 

10 date of the enactment of this Act, the Secretary 

11 shall submit to the Committee on Veterans’ Affairs 

12 of the Senate and the Committee on Veterans’ Af13 fairs of the House of Representatives a plan for the 

14 conduct of the study required by paragraph (1). 

15 (4) REPORTS.—Not later than October 1, 2021, 

16 and not less frequently than once every four years 

17 thereafter, the Secretary shall submit to the Com18 mittee on Veterans’ Affairs of the Senate and the 

19 Committee on Veterans’ Affairs of the House of 

20 Representatives a report on the results of the study 

21 required by paragraph (1) as of the date of such re22 port. 

23 (b) COMPREHENSIVE STUDY ON SERIOUSLY IN24 JURED VETERANS AND THEIR CAREGIVERS.— 


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1 (1) IN GENERAL.—The Secretary of Veterans 

2 Affairs shall provide for the conduct of a comprehen3 sive study on the following: 

4 (A) Veterans who have incurred a serious 

5 injury or illness, including a mental health in6 jury. 

7 (B) Individuals who are acting as care8 givers for veterans. 

9 (2) ELEMENTS.—The comprehensive study re10 quired by paragraph (1) shall include the following 

11 with respect to each veteran included in such study: 

12 (A) The health of the veteran and, if appli13 cable, the impact of the caregiver of such vet14 eran on the health of such veteran. 

15 (B) The employment status of the veteran 

16 and, if applicable, the impact of the caregiver of 

17 such veteran on the employment status of such 

18 veteran. 

19 (C) The financial status and needs of the 

20 veteran. 

21 (D) The use by the veteran of benefits 

22 available to such veteran from the Department 

23 of Veterans Affairs. 

24 (E) Any other information that the Sec25 retary considers appropriate. 


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1 (3) GRANT OR CONTRACT.—The Secretary shall 

2 award a grant to, or enter into a contract with, an 

3 appropriate entity unaffiliated with the Department 

4 of Veterans Affairs to conduct the study required by 

5 paragraph (1). 

6 (4) REPORT.—Not later than two years after 

7 the date of the enactment of this Act, the Secretary 

8 shall submit to the Committee on Veterans’ Affairs 

9 of the Senate and the Committee on Veterans’ Af10 fairs of the House of Representatives a report on the 

11 results of the study required by paragraph (1). 

Æ 


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