II 

114TH CONGRESS 

1ST SESSION S. 1085 

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 

APRIL 23, 2015 

Mrs. MURRAY (for herself, Ms. COLLINS, Mr. DURBIN, Mr. TESTER, Mr. 

BROWN, and Mr. COONS) 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Caregiver Services Improvement Act of 2015’’. 


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1 SEC. 2. EXPANSION OF ELIGIBILITY FOR PARTICIPATION IN 

2 AND SERVICES PROVIDED UNDER FAMILY 

3 CAREGIVER PROGRAM OF DEPARTMENT OF 

4 VETERANS AFFAIRS. 

5 (a) FAMILY CAREGIVER PROGRAM.— 

6 (1) EXPANSION OF ELIGIBILITY.—Subsection 

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

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

9 11, 2001’’. 

10 (2) CLARIFICATION OF ELIGIBILITY FOR ILL11 NESS.—Such subsection is further amended by in12 serting ‘‘or illness’’ after ‘‘serious injury’’. 

13 (3) EXPANSION OF NEEDED SERVICES IN ELI14 GIBILITY CRITERIA.—Subsection (a)(2)(C) of such 

15 section is amended— 

16 (A) in clause (ii), by striking ‘‘; or’’ and in17 serting a semicolon; 

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

19 (iv); and 

20 (C) by inserting after clause (ii) the fol21 lowing new clause (iii): 

22 ‘‘(iii) a need for regular or extensive in23 struction or supervision without which the abil24 ity of the veteran to function in daily life would 

25 be seriously impaired; or’’. 


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1 (4) EXPANSION OF SERVICES PROVIDED.—Sub2 section (a)(3)(A)(ii) of such section is amended— 

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

4 and inserting a semicolon; 

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

6 at the end and inserting a semicolon; and 

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

8 subclauses: 

9 ‘‘(VI) child care services or a monthly sti10 pend for such services if such services are not 

11 readily available from the Department; 

12 ‘‘(VII) financial planning services relating 

13 to the needs of injured and ill veterans and 

14 their caregivers; and 

15 ‘‘(VIII) legal services, including legal ad16 vice and consultation, relating to the needs of 

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

18 (5) EXPANSION OF RESPITE CARE PROVIDED.— 

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

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

21 period at the end and inserting ‘‘shall— 

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

23 ‘‘(ii) include in-home care; and 

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


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1 (6) MODIFICATION OF STIPEND CALCULA2 TION.—Subsection (a)(3)(C) of such section is 

3 amended— 

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

5 (iv); and 

6 (B) by inserting after clause (ii) the fol7 lowing new clause (iii): 

8 ‘‘(iii) In determining the amount and degree of per9 sonal care services provided under clause (i) with respect 

10 to an eligible veteran whose need for personal care services 

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

12 protection under paragraph (2)(C)(ii) or regular instruc13 tion or supervision under paragraph (2)(C)(iii), the Sec14 retary shall take into account the following: 

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

16 the needs and limitations of the veteran. 

17 ‘‘(II) The extent to which the veteran can func18 tion safely and independently in the absence of such 

19 supervision, protection, or instruction. 

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

21 family caregiver to provide such supervision, protec22 tion, or instruction to the veteran.’’. 

23 (7) PERIODIC EVALUATION OF NEED FOR CER24 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, 2016, 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, 2018, 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, 2020, 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 2015.’’. 

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, 2020.’’. 

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, 2020, are continued 

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

3 October 1, 2020. 

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 2015 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 03:10 May 06, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085

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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 (c) EXPANSION OF COVERED INJURIES AND ILL9 NESSES.—Subsection (h) of such section, as redesignated 

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

11 as follows: 

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

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

14 injury, disorder, or illness (including traumatic brain in15 jury, psychological trauma, or other mental disorder) 

16 that— 

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

18 carry out one or more activities of daily living; 

19 ‘‘(2) renders the afflicted person in need of su20 pervision or protection due to the manifestation by 

21 such person of symptoms or residuals of neurological 

22 or other impairment or injury; 

23 ‘‘(3) renders the afflicted person in need of reg24 ular or extensive instruction or supervision in comVerDate Sep 11 2014 03:10 May 06, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085

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1 pleting two or more instrumental activities of daily 

2 living; or 

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

4 such manner as the Secretary of Defense (or the 

5 Secretary of Homeland Security, with respect to the 

6 Coast Guard) prescribes for purposes of this sec7 tion.’’. 

8 (d) CLERICAL AMENDMENTS.— 

9 (1) HEADING AMENDMENT.—The heading for 

10 such section is amended to read as follows: 

11 ‘‘§ 439. Special compensation: members of the uni12 formed services with serious injuries or 

13 illnesses requiring assistance in everyday 

14 living’’. 

15 (2) TABLE OF SECTIONS AMENDMENT.—The 

16 table of sections at the beginning of chapter 7 of 

17 such title is amended by striking the item relating 

18 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.’’. 

19 SEC. 5. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN 

20 FEDERAL EMPLOYEES. 

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

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

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

24 who— 


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

2 of title 38, United States Code; or 

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

4 compensation under section 439 of title 37, United 

5 States Code. 

6 (b) AUTHORITY TO ALLOW FLEXIBLE WORK AR7 RANGEMENTS.—The Director of the Office of Personnel 

8 Management may promulgate regulations under which a 

9 covered employee may— 

10 (1) use a flexible schedule or compressed sched11 ule in accordance with subchapter II of chapter 61 

12 of title 5, United States Code; or 

13 (2) telework in accordance with chapter 65 of 

14 title 5, United States Code. 

15 SEC. 6. LIFESPAN RESPITE CARE. 

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

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

18 (1) in paragraph (1)— 

19 (A) by redesignating subparagraphs (A) 

20 through (C) as clauses (i) through (iii), respec21 tively, and realigning the margins accordingly; 

22 (B) by striking ‘‘who requires care or su23 pervision to—’’ and inserting ‘‘who— 

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


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

2 or’’; and 

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

4 ‘‘(B) is a veteran participating in the pro5 gram of comprehensive assistance for family 

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

7 United States Code.’’; and 

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

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

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

11 title 38, United States Code, who receives compensa12 tion under such section,’’. 

13 (b) GRANTS AND COOPERATIVE AGREEMENTS.—Sec14 tion 2902(c) of the Public Health Service Act (42 U.S.C. 

15 300ii–1(c)) is amended by inserting ‘‘and the interagency 

16 working group on policies relating to caregivers of vet17 erans established under section 7 of the Military and Vet18 eran Caregiver Services Improvement Act of 2015’’ after 

19 ‘‘Human Services’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 2905 of the Public Health Service Act (42 U.S.C. 300ii– 

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

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

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

25 each of fiscal years 2016 through 2020.’’. 


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1 SEC. 7. INTERAGENCY WORKING GROUP ON CAREGIVER 

2 POLICY. 

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

4 the executive branch an interagency working group on 

5 policies relating to caregivers of veterans and members of 

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

7 ‘‘working group’’). 

8 (b) COMPOSITION.— 

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

10 composed of the following: 

11 (A) A chair selected by the President. 

12 (B) A representative from each of the fol13 lowing agencies or organizations selected by the 

14 head of such agency or organization: 

15 (i) The Department of Veterans Af16 fairs. 

17 (ii) The Department of Defense. 

18 (iii) The Department of Health and 

19 Human Services. 

20 (iv) The Department of Labor. 

21 (v) The Centers for Medicare and 

22 Medicaid Services. 

23 (2) ADVISORS.—The chair may select any of 

24 the following individuals that the chair considers ap25 propriate to advise the working group in carrying 

26 out the duties of the working group: 


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1 (A) Academic experts in fields relating to 

2 caregivers. 

3 (B) Clinicians. 

4 (C) Caregivers. 

5 (D) Individuals in receipt of caregiver serv6 ices. 

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

8 as follows: 

9 (1) To regularly review policies relating to care10 givers of veterans and members of the Armed 

11 Forces. 

12 (2) To coordinate and oversee the implementa13 tion of policies relating to caregivers of veterans and 

14 members of the Armed Forces. 

15 (3) To evaluate the effectiveness of policies re16 lating to caregivers of veterans and members of the 

17 Armed Forces, including programs in each relevant 

18 agency, by developing and applying specific goals 

19 and performance measures. 

20 (4) To develop standards of care for caregiver 

21 services and respite care services provided to a care22 giver, veteran, or member of the Armed Forces by 

23 a non-profit or private sector entity. 

24 (5) To ensure the availability of mechanisms for 

25 agencies, and entities affiliated with or providing 


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1 services on behalf of agencies, to enforce the stand2 ards described in paragraph (4) and conduct over3 sight on the implementation of such standards. 

4 (6) To develop recommendations for legislative 

5 or administrative action to enhance the provision of 

6 services to caregivers, veterans, and members of the 

7 Armed Forces, including eliminating gaps in such 

8 services and eliminating disparities in eligibility for 

9 such services. 

10 (7) To coordinate with State and local agencies 

11 and relevant non-profit organizations on maximizing 

12 the use and effectiveness of resources for caregivers 

13 of veterans and members of the Armed Forces. 

14 (d) REPORTS.— 

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

16 2015, and annually thereafter, the chair of the work17 ing group shall submit to Congress a report on poli18 cies and services relating to caregivers of veterans 

19 and members of the Armed Forces. 

20 (2) ELEMENTS.—Each report required by para21 graph (1) shall include the following: 

22 (A) An assessment of the policies relating 

23 to caregivers of veterans and members of the 

24 Armed Forces and services provided pursuant 


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1 to such policies as of the date of submittal of 

2 the report. 

3 (B) A description of any steps taken by 

4 the working group to improve the coordination 

5 of services for caregivers of veterans and mem6 bers of the Armed Forces among the entities 

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

8 barriers to effective use of such services, includ9 ing aligning eligibility criteria. 

10 (C) An evaluation of the performance of 

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

12 providing services for caregivers of veterans and 

13 members of the Armed Forces. 

14 (D) An evaluation of the quality and suffi15 ciency of services for caregivers of veterans and 

16 members of the Armed Forces available from 

17 non-governmental organizations. 

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

19 services provided by caregivers to veterans or 

20 members of the Armed Forces identified by the 

21 working group, and steps taken by the entities 

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

23 such gaps or recommendations for legislative or 

24 administrative action to address such gaps. 


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1 (F) Such other matters or recommenda2 tions as the chair considers appropriate. 

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

4 AND SERIOUSLY INJURED VETERANS. 

5 (a) LONGITUDINAL STUDY ON POST-9/11 VET6 ERANS.— 

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

8 Affairs shall provide for the conduct of a longitu9 dinal study on members of the Armed Forces who 

10 commenced service in the Armed Forces after Sep11 tember 11, 2001. 

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

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

14 appropriate entity unaffiliated with the Department 

15 of Veterans Affairs to conduct the study required by 

16 paragraph (1). 

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

18 date of the enactment of this Act, the Secretary 

19 shall submit to the Committee on Veterans’ Affairs 

20 of the Senate and the Committee on Veterans’ Af21 fairs of the House of Representatives a plan for the 

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

23 (4) REPORTS.—Not later than October 1, 2019, 

24 and not less frequently than once every four years 

25 thereafter, the Secretary shall submit to the ComVerDate Sep 11 2014 03:10 May 06, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085

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1 mittee on Veterans’ Affairs of the Senate and the 

2 Committee on Veterans’ Affairs of the House of 

3 Representatives a report on the results of the study 

4 required by paragraph (1) as of the date of such re5 port. 

6 (b) COMPREHENSIVE STUDY ON SERIOUSLY IN7 JURED VETERANS AND THEIR CAREGIVERS.— 

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

9 Affairs shall provide for the conduct of a comprehen10 sive study on the following: 

11 (A) Veterans who have incurred a serious 

12 injury or illness, including a mental health in13 jury. 

14 (B) Individuals who are acting as care15 givers for veterans. 

16 (2) ELEMENTS.—The comprehensive study re17 quired by paragraph (1) shall include the following 

18 with respect to each veteran included in such study: 

19 (A) The health of the veteran and, if appli20 cable, the impact of the caregiver of such vet21 eran on the health of such veteran. 

22 (B) The employment status of the veteran 

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

24 such veteran on the employment status of such 

25 veteran. 


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1 (C) The financial status and needs of the 

2 veteran. 

3 (D) The use by the veteran of benefits 

4 available to such veteran from the Department 

5 of Veterans Affairs. 

6 (E) Any other information that the Sec7 retary considers appropriate. 

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

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

10 appropriate entity unaffiliated with the Department 

11 of Veterans Affairs to conduct the study required by 

12 paragraph (1). 

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

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

15 shall submit to the Committee on Veterans’ Affairs 

16 of the Senate and the Committee on Veterans’ Af17 fairs of the House of Representatives a report on the 

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

Æ 


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