II 

115TH CONGRESS 

1ST SESSION S. 2097 

To amend title 38, United States Code, to improve the administration of 

State homes furnishing care to veterans under the laws administered 

by the Secretary of Veterans Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2017 

Mr. TESTER (for himself, Mr. HELLER, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

administration of State homes furnishing care to veterans under the laws administered by the Secretary of 

Veterans Affairs, 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 ‘‘State Veterans Home 

5 Program Improvement Act of 2017’’. 


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1 SEC. 2. MODIFICATION OF REQUIREMENTS ON USE BY 

2 STATES OF STATE HOME FUNDS RECEIVED 

3 FROM THE DEPARTMENT OF VETERANS AF4 FAIRS. 

5 (a) IN GENERAL.—Subchapter V of chapter 17 of 

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

7 end the following new section: 

8 ‘‘§ 1746. Requirements on use of amounts 

9 ‘‘(a) USE OF AMOUNTS.—Amounts paid to a State 

10 for the treatment of veterans at a State home under this 

11 subchapter may not be used for a purpose other than the 

12 operation of a State home in that State. 

13 ‘‘(b) PROHIBITION ON TRANSFER TO STATE TREAS14 URY.—A State may not transfer amounts paid to the 

15 State under this subchapter to the general treasury of the 

16 State. 

17 ‘‘(c) AUTHORIZATION OF TRANSFER OF AMOUNTS.— 

18 A State may transfer amounts paid to the State under 

19 this subchapter to other State homes located in that State. 

20 ‘‘(d) WAIVER.—The Secretary may waive the require21 ments of subsections (a) and (b) with respect to a State 

22 if the State submits to the Secretary a certification that— 

23 ‘‘(1) the State homes located in that State do 

24 not require additional maintenance, capital improve25 ments, or staffing; and 


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1 ‘‘(2) the amounts paid to the State under this 

2 subchapter will be used to benefit veterans.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 17 of such title is amended 

5 by inserting after the item relating to section 1745 the 

6 following new item: 

‘‘1746. Requirements on use of amounts.’’. 

7 SEC. 3. MODIFICATION OF PRIORITY OF STATE HOME 

8 PROJECTS OF THE DEPARTMENT OF VET9 ERANS AFFAIRS. 

10 (a) PROJECTS FROM PREVIOUS YEARS.— 

11 (1) IN GENERAL.—Paragraph (4) of section 

12 8135(c) of title 38, United States Code, is amend13 ed— 

14 (A) by striking ‘‘The Secretary’’ and in15 serting ‘‘(A) The Secretary’’; and 

16 (B) by adding at the end the following new 

17 subparagraph: 

18 ‘‘(B) With respect to a project that is approved in 

19 a fiscal year but for which a grant has not been awarded 

20 under this subchapter in that fiscal year, the Secretary 

21 may not accord a lower priority on the list described in 

22 subparagraph (A) to that project in any subsequent fiscal 

23 year (as compared to the priority accorded that project 

24 in any previous fiscal year) unless the reason for such 


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1 lower priority is the inclusion in such list of a project de2 scribed in subparagraph (A) or (B) of paragraph (2).’’. 

3 (2) CONFORMING AMENDMENT.—Paragraph (2) 

4 of such section is amended, in the matter preceding 

5 subparagraph (A), by striking ‘‘paragraphs (3) and 

6 (5)(C)’’ and inserting ‘‘paragraphs (3), (4)(B), and 

7 (5)(C)’’. 

8 (b) CONSIDERATION OF ACCESS TO PRIVATE FACILI9 TIES.—Such section is further amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(8) In determining under subparagraphs (D), (F), 

12 and (H) of paragraph (2) whether a State has a great, 

13 significant, or limited need for beds in connection with an 

14 application under subsection (a), the Secretary shall— 

15 ‘‘(A) consider the availability and accessibility 

16 to individuals in that State of private facilities pro17 viding similar care to the care for which the applica18 tion is submitted under such subsection; and 

19 ‘‘(B) accord a lower priority in the list estab20 lished under paragraph (4) to applications by States 

21 with a significant number of such private facilities, 

22 as determined by the Secretary.’’. 


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1 SEC. 4. PILOT PROGRAM TO COMPENSATE STATES FOR 

2 STATE HOME SERVICES PROVIDED IN FACILI3 TIES THAT ARE NOT INTENDED EXCLUSIVELY 

4 FOR VETERANS. 

5 (a) PILOT PROGRAM.— 

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

7 Affairs shall carry out a pilot program to com8 pensate States for furnishing care described in para9 graph (2) to veterans at State-operated facilities 

10 that are not intended to be used exclusively by vet11 erans. 

12 (2) CARE DESCRIBED.—Care described in this 

13 paragraph is care that is the same as care furnished 

14 in State homes under subchapter V of chapter 17 of 

15 title 38, United States Code. 

16 (b) DURATION.—The Secretary may not carry out 

17 the pilot program under this section after the date that 

18 is four years after the date of the enactment of this Act. 

19 (c) REPORTS.— 

20 (1) ANNUAL REPORT.—Not later than one year 

21 after the date of the enactment of this Act, and not 

22 less frequently than annually thereafter until the 

23 termination of the pilot program under this section, 

24 the Secretary shall submit to the Committee on Vet25 erans’ Affairs of the Senate and the Committee on 

26 Veterans’ Affairs of the House of Representatives a 


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1 report on the outcomes of the pilot program with re2 spect to quality of care, satisfaction of veterans with 

3 care, and cost effectiveness of care furnished under 

4 the pilot program. 

5 (2) COMPTROLLER GENERAL REPORT.—Not 

6 later than 270 days after the termination of the 

7 pilot program under this section, the Comptroller 

8 General of the United States shall submit to the 

9 Committee on Veterans’ Affairs of the Senate and 

10 the Committee on Veterans’ Affairs of the House of 

11 Representatives a report on the outcomes of the 

12 pilot program with respect to quality of care, satis13 faction of veterans with care, and cost effectiveness 

14 of care furnished under the pilot program. 

Æ 


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