I 

113TH CONGRESS 

2D SESSION H. R. 4892 

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 HOUSE OF REPRESENTATIVES 

JUNE 18, 2014 

Mr. LANGEVIN (for himself, Mr. MICHAUD, and Ms. ESTY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, 

and in addition to the Committees on Armed Services, Ways and Means, 

Oversight and Government Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 2014’’. 

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): 


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1 ‘‘(iii) a need for regular or extensive in2 struction or supervision in completing two or 

3 more instrumental activities of daily living; or’’. 

4 (4) EXPANSION OF SERVICES PROVIDED.—Sub5 section (a)(3)(A)(ii) of such section is amended— 

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

7 and inserting a semicolon; 

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

9 at the end and inserting a semicolon; and 

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

11 subclauses: 

12 ‘‘(VI) child care services or a monthly sti13 pend for such services if such services are not 

14 readily available from the Department; 

15 ‘‘(VII) financial planning services relating 

16 to the needs of injured and ill veterans and 

17 their caregivers; and 

18 ‘‘(VIII) legal services, including legal ad19 vice and consultation, relating to the needs of 

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

21 (5) EXPANSION OF RESPITE CARE PROVIDED.— 

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

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

24 period at the end and inserting ‘‘shall— 

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


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1 ‘‘(ii) include in-home care; and 

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

3 (6) MODIFICATION OF STIPEND CALCULA4 TION.—Subsection (a)(3)(C) of such section is 

5 amended— 

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

7 (iv); and 

8 (B) by inserting after clause (ii) the fol9 lowing new clause (iii): 

10 ‘‘(iii) In determining the amount and degree of per11 sonal services provided under clause (i) with respect to an 

12 eligible veteran whose need for personal care services is 

13 based in whole or in part on a need for supervision or 

14 protection under paragraph (2)(C)(ii) or regular instruc15 tion or supervision in completing tasks under paragraph 

16 (2)(C)(iii), the Secretary shall take into account the fol17 lowing: 

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

19 the needs and limitations of the veteran. 

20 ‘‘(II) The extent to which the veteran can func21 tion safely and independently in the absence of such 

22 supervision, protection, or instruction. 

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

24 family caregiver to provide such supervision, protec25 tion, or instruction to the veteran.’’. 


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1 (7) PERIODIC EVALUATION OF NEED FOR CER2 TAIN SERVICES.—Subsection (a)(3) of such section 

3 is amended by adding at the end the following new 

4 subparagraph: 

5 ‘‘(D) In providing instruction, preparation, and 

6 training under subparagraph (A)(i)(I) and technical 

7 support under subparagraph (A)(i)(II) to each fam8 ily caregiver who is approved as a provider of per9 sonal care services for an eligible veteran under 

10 paragraph (6), the Secretary shall periodically evalu11 ate the needs of the eligible veteran and the skills 

12 of the family caregiver of such veteran to determine 

13 if additional instruction, preparation, training, or 

14 technical support under those subparagraphs is nec15 essary.’’. 

16 (b) REPEAL OF GENERAL CAREGIVER SUPPORT PRO17 GRAM.—Such section is amended by striking subsection 

18 (b). 

19 (c) PROVISION OF ASSISTANCE TO CAREGIVERS OF

20 CERTAIN VETERANS.—Such section is further amended 

21 by inserting after subsection (a) the following new sub22 section (b): 

23 ‘‘(b) PROVISION OF ASSISTANCE TO CAREGIVERS OF

24 CERTAIN VETERANS.—(1) In providing assistance under 

25 subsection (a) to family caregivers of eligible veterans who 


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1 were discharged from the Armed Forces before September 

2 11, 2001, the Secretary may enter into memoranda of un3 derstanding with agencies, States, and other entities to 

4 provide such assistance to such veterans. 

5 ‘‘(2) The Secretary may provide assistance under this 

6 subsection only if such assistance is reasonably accessible 

7 to the veteran and is substantially equivalent or better in 

8 quality to similar services provided by the Department. 

9 ‘‘(3) The Secretary may provide fair compensation to 

10 entities that provide assistance under this subsection pur11 suant to memoranda of understanding entered into under 

12 paragraph (1). 

13 ‘‘(4) In carrying out this subsection, the Secretary 

14 shall work with the interagency working group on policies 

15 relating to caregivers of veterans and members of the 

16 Armed Forces established under section 7 of the Military 

17 and Veteran Caregiver Services Improvement Act of 

18 2014.’’. 

19 (d) MODIFICATION OF DEFINITION OF FAMILY MEM20 BER.—Subparagraph (B) of subsection (d)(3) of such sec21 tion is amended to read as follows: 

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

23 veteran and does not provide care to the vet24 eran on a professional basis.’’. 


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1 (e) MODIFICATION OF DEFINITION OF PERSONAL

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

3 amended— 

4 (1) in subparagraph (A), by striking ‘‘inde5 pendent’’; 

6 (2) by redesignating subparagraph (B) as sub7 paragraph (D); and 

8 (3) by inserting after subparagraph (A) the fol9 lowing new subparagraphs: 

10 ‘‘(B) Supervision or protection based on 

11 symptoms or residuals of neurological or other 

12 impairment or injury. 

13 ‘‘(C) Regular or extensive instruction or 

14 supervision in completing two or more instru15 mental activities of daily living.’’. 

16 (f) ANNUAL EVALUATION REPORT.— 

17 (1) IN GENERAL.—Paragraph (2) of section 

18 101(c) of the Caregivers and Veterans Omnibus 

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

20 38 U.S.C. 1720G note) is amended to read as fol21 lows: 

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

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

24 Military and Veteran Caregiver Services Improve25 ment Act of 2014 shall include the following with reVerDate Mar 15 2010 06:58 Jun 21, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4892.IH H4892

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1 spect to the program of comprehensive assistance for 

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

3 such section 1720G: 

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

5 received assistance under such program. 

6 ‘‘(B) The cost to the Department of pro7 viding assistance under such program. 

8 ‘‘(C) A description of the outcomes 

9 achieved by, and any measurable benefits of, 

10 carrying out such program. 

11 ‘‘(D) An assessment of the effectiveness 

12 and the efficiency of the implementation of such 

13 program, including a description of any barriers 

14 to accessing and receiving care and services 

15 under such program. 

16 ‘‘(E) A description of the outreach activi17 ties carried out by the Secretary under such 

18 program. 

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

20 which resources are expended by the Secretary 

21 under such program, particularly with respect 

22 to the provision of monthly personal caregiver 

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

24 such section 1720G. 


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

2 consistency of the training provided to family 

3 caregivers under such program in preparing 

4 family caregivers to provide care to veterans 

5 under such program. 

6 ‘‘(H) Such recommendations, including 

7 recommendations for legislative or administra8 tive action, as the Secretary considers appro9 priate in light of carrying out such program.’’. 

10 (g) CONFORMING AMENDMENTS.— 

11 (1) ELIGIBLE VETERAN.—Subsection (a)(2) of 

12 such section is amended, in the matter preceding 

13 subparagraph (A), by striking ‘‘subsection’’ and in14 serting ‘‘section’’. 

15 (2) DEFINITIONS.—Subsection (d) of such sec16 tion is amended— 

17 (A) in paragraph (1), by striking ‘‘under 

18 subsection (a) or a covered veteran under sub19 section (b)’’; 

20 (B) in paragraph (2), by striking ‘‘under 

21 subsection (a)’’; 

22 (C) in paragraph (3), by striking ‘‘under 

23 subsection (a)’’; and 

24 (D) in paragraph (4), in the matter pre25 ceding subparagraph (A), by striking ‘‘under 


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1 subsection (a) or a covered veteran under sub2 section (b)’’. 

3 (3) COUNSELING, TRAINING, AND MENTAL

4 HEALTH SERVICES.—Section 1782(c)(2) of title 38, 

5 United States Code, is amended by striking ‘‘or a 

6 caregiver of a covered veteran’’. 

7 SEC. 3. AUTHORITY TO TRANSFER ENTITLEMENT TO POST8 9/11 EDUCATION ASSISTANCE TO FAMILY 

9 MEMBERS BY SERIOUSLY INJURED VET10 ERANS IN NEED OF PERSONAL CARE SERV11 ICES. 

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

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

14 end the following new section: 

15 ‘‘§ 3319A. Authority to transfer unused education 

16 benefits to family members by seriously 

17 injured veterans 

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

19 section, the Secretary may permit an individual described 

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

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

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

23 such individual’s entitlement to such assistance, subject 

24 to the limitation under subsection (d). 


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1 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re2 ferred to in subsection (a) is any individual who— 

3 ‘‘(1) retired for physical disability under chap4 ter 61 of title 10; or 

5 ‘‘(2) is described in paragraph (2) of section 

6 1720G(a) of this title and who is participating in the 

7 program established under paragraph (1) of such 

8 section. 

9 ‘‘(c) ELIGIBLE DEPENDENTS.—An individual ap10 proved to transfer an entitlement to educational assistance 

11 under this section may transfer the individual’s entitle12 ment as follows: 

13 ‘‘(1) To the individual’s spouse. 

14 ‘‘(2) To one or more of the individual’s chil15 dren. 

16 ‘‘(3) To a combination of the individuals re17 ferred to in paragraphs (1) and (2). 

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

19 The total number of months of entitlement transferred by 

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

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

22 would limit the months of entitlement that may be trans23 ferred under this section to no less than 18 months. 


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

2 transferring an entitlement to educational assistance 

3 under this section shall— 

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

5 whom such entitlement is being transferred; 

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

7 entitlement to be transferred to each such depend8 ent; and 

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

10 shall be effective for each dependent designated 

11 under paragraph (1). 

12 ‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI13 FICATION.—(1) Transfer of entitlement to educational as14 sistance under this section shall be subject to the time lim15 itation for use of entitlement under section 3321 of this 

16 title. 

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

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

19 of any unused portion of the entitlement so transferred. 

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

21 of entitlement under this paragraph shall be made by the 

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

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

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1 ital estate, subject to division in a divorce or other civil 

2 proceeding. 

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

4 to whom entitlement to educational assistance is trans5 ferred under this section may not commence the use of 

6 the transferred entitlement until either— 

7 ‘‘(1) the completion by the child of the require8 ments of a secondary school diploma (or equivalency 

9 certificate); or 

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

11 age. 

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

13 The use of any entitlement to educational assistance 

14 transferred under this section shall be charged against the 

15 entitlement of the individual making the transfer at the 

16 rate of one month for each month of transferred entitle17 ment that is used. 

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

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

20 entitlement is transferred under this section is entitled to 

21 educational assistance under this chapter in the same 

22 manner as the individual from whom the entitlement was 

23 transferred. 

24 ‘‘(3) The monthly rate of educational assistance pay25 able to a dependent to whom entitlement referred to in 


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

2 payable at the same rate as such entitlement would other3 wise be payable under this chapter to the individual mak4 ing the transfer. 

5 ‘‘(4) The death of an individual transferring an enti6 tlement under this section shall not affect the use of the 

7 entitlement by the dependent to whom the entitlement is 

8 transferred. 

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

10 under this section may use the benefits transferred with11 out regard to the 15-year delimiting date specified in sec12 tion 3321 of this title, but may not, except as provided 

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

14 attaining the age of 26 years. 

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

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

17 from pursuing a chosen program of education by reason 

18 of acting as the primary provider of personal care services 

19 for a veteran or member of the Armed Forces under sec20 tion 1720G(a) of this title, the child may use the benefits 

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

22 whose length is specified in clause (iv). 

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

24 period of an individual as a primary provider of personal 

25 care services if the period concludes with the revocation 


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

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

3 ‘‘(iii) The date specified in this clause for the begin4 ning of the use of benefits by a child under clause (i) is 

5 the later of— 

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

7 as the primary provider of personal care services for 

8 the veteran or member concerned as described in 

9 clause (i); 

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

11 as determined under regulations prescribed by the 

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

13 of benefits; or 

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

15 age of 26 years. 

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

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

18 length equal to the length of the period that— 

19 ‘‘(I) begins on the date on which the child be20 gins acting as the primary provider of personal care 

21 services for the veteran or member concerned as de22 scribed in clause (i); and 

23 ‘‘(II) ends on the later of— 

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

25 acting as the primary provider of personal care 


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1 services for the veteran or member as described 

2 in clause (i); or 

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

4 feasible, as so determined, for the child to ini5 tiate or resume the use of benefits. 

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

7 entitlement is transferred under this section may use such 

8 entitlement shall include the pursuit and completion of the 

9 requirements of a secondary school diploma (or equiva10 lency certificate). 

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

12 shall apply to the use of entitlement transferred under this 

13 section, except that the dependent to whom the entitle14 ment is transferred shall be treated as the eligible indi15 vidual for purposes of such provisions. 

16 ‘‘(i) OVERPAYMENT.—(1) In the event of an overpay17 ment of educational assistance with respect to a dependent 

18 to whom entitlement is transferred under this section, the 

19 dependent and the individual making the transfer shall be 

20 jointly and severally liable to the United States for the 

21 amount of the overpayment for purposes of section 3685 

22 of this title. 

23 ‘‘(2)(A) Except as provided in subparagraph (B), if 

24 an individual transferring entitlement under this section 

25 fails to complete the service agreed to by the individual 


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1 under subsection (b)(1) in accordance with the terms of 

2 the agreement of the individual under that subsection, the 

3 amount of any transferred entitlement under this section 

4 that is used by a dependent of the individual as of the 

5 date of such failure shall be treated as an overpayment 

6 of educational assistance under paragraph (1). 

7 ‘‘(B) Subparagraph (A) shall not apply in the case 

8 of an individual who fails to complete service agreed to 

9 by the individual— 

10 ‘‘(i) by reason of the death of the individual; or 

11 ‘‘(ii) for a reason referred to in section 

12 3311(c)(4) 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) NONTAXABILITY OF SPECIAL COMPENSATION.— 

6 Such section is further amended— 

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

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

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

12 ‘‘(e) NONTAXABILITY OF COMPENSATION.—Monthly 

13 special compensation paid under subsection (a) shall not 

14 be included in income for purposes of the Internal Rev15 enue Code of 1986.’’. 

16 (c) PROVISION OF ASSISTANCE TO FAMILY CARE17 GIVERS.—Such section is further amended by inserting 

18 after subsection (e), as amended by subsection (b) of this 

19 section, the following new subsection (f): 

20 ‘‘(f) ASSISTANCE FOR FAMILY CAREGIVERS.—(1) 

21 The Secretary of Veterans Affairs shall provide family 

22 caregivers of a member in receipt of monthly special com23 pensation under subsection (a) the assistance required to 

24 be provided to family caregivers of eligible veterans under 

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


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

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

3 assistance under this subsection, the definitions in section 

4 1720G(d) of title 38 shall apply, except that any reference 

5 in such definitions to a veteran or eligible veteran shall 

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

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

8 assistance under this subsection— 

9 ‘‘(A) in accordance with a memorandum of un10 derstanding entered into by the Secretary of Vet11 erans Affairs and the Secretary of Defense; and 

12 ‘‘(B) in accordance with a memorandum of un13 derstanding entered into by the Secretary of Vet14 erans Affairs and the Secretary of Homeland Secu15 rity (with respect to members of the Coast Guard).’’. 

16 (d) EXPANSION OF COVERED INJURIES AND ILL17 NESSES.—Subsection (i) of such section, as redesignated 

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

19 as follows: 

20 ‘‘(i) SERIOUS INJURY OR ILLNESS DEFINED.—In 

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

22 injury, disorder, or illness (including traumatic brain in23 jury, psychological trauma, or other mental disorder) 

24 that— 


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

2 carry out one or more activities of daily living; 

3 ‘‘(2) renders the afflicted person in need of su4 pervision or protection due to the manifestation by 

5 such person of symptoms or residuals of neurological 

6 or other impairment or injury; 

7 ‘‘(3) renders the afflicted person in need of reg8 ular or extensive instruction or supervision in com9 pleting two or more instrumental activities of daily 

10 living; or 

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

12 such manner as the Secretary of Defense (or the 

13 Secretary of Homeland Security, with respect to the 

14 Coast Guard) prescribes for purposes of this sec15 tion.’’. 

16 (e) CLERICAL AMENDMENTS.— 

17 (1) HEADING AMENDMENT.—The heading for 

18 such section is amended to read as follows: 

19 ‘‘§ 439. Special compensation: members of the uni20 formed services with serious injuries or 

21 illnesses requiring assistance in everyday 

22 living’’. 

23 (2) TABLE OF SECTIONS AMENDMENT.—The 

24 table of sections at the beginning of chapter 7 of 


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1 such title is amended by striking the item relating 

2 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.’’. 

3 SEC. 5. FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN 

4 FEDERAL EMPLOYEES. 

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

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

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

8 who— 

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

10 of title 38, United States Code; or 

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

12 compensation under section 439 of title 37, United 

13 States Code. 

14 (b) AUTHORITY TO ALLOW FLEXIBLE WORK AR15 RANGEMENTS.—The Director of the Office of Personnel 

16 Management may promulgate regulations under which a 

17 covered employee may— 

18 (1) use a flexible schedule or compressed sched19 ule in accordance with subchapter II of chapter 61 

20 of title 5, United States Code; or 

21 (2) telework in accordance with chapter 65 of 

22 title 5, United States Code. 


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1 SEC. 6. LIFESPAN RESPITE CARE. 

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

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

4 (1) in paragraph (1)— 

5 (A) by redesignating subparagraphs (A) 

6 through (C) as clauses (i) through (iii), respec7 tively, and realigning the margins accordingly; 

8 (B) by striking ‘‘who requires care or su9 pervision to—’’ and inserting ‘‘who— 

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

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

12 or’’; and 

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

14 ‘‘(B) is a veteran participating in the pro15 gram of comprehensive assistance for family 

16 caregivers under section 1720G of title 38, 

17 United States Code.’’; and 

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

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

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

21 title 38, United States Code, who receives compensa22 tion under such section,’’. 

23 (b) GRANTS AND COOPERATIVE AGREEMENTS.—Sec24 tion 2902(c) of the Public Health Service Act (42 U.S.C. 

25 300ii–1(c)) is amended by inserting ‘‘and the interagency 

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1 erans established under section 7 of the Military and Vet2 eran Caregiver Services Improvement Act of 2014’’ after 

3 ‘‘Human Services’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 2905 of the Public Health Service Act (42 U.S.C. 300ii– 

6 4) is amended— 

7 (1) in paragraph (4), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (5), by striking the period and 

10 inserting ‘‘; and’’; and 

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

12 ‘‘(6) $15,000,000 for each of fiscal years 2015 

13 through 2019.’’. 

14 SEC. 7. INTERAGENCY WORKING GROUP ON CAREGIVER 

15 POLICY. 

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

17 the executive branch an interagency working group on 

18 policies relating to caregivers of veterans and members of 

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

20 ‘‘working group’’). 

21 (b) COMPOSITION.— 

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

23 composed of the following: 

24 (A) A chair selected by the President. 


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1 (B) A representative from each of the fol2 lowing agencies or organizations selected by the 

3 head of such agency or organization: 

4 (i) The Department of Veterans Af5 fairs. 

6 (ii) The Department of Defense. 

7 (iii) The Department of Health and 

8 Human Services. 

9 (iv) The Department of Labor. 

10 (v) The Centers for Medicare and 

11 Medicaid Services. 

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

13 the following individuals that the chair considers ap14 propriate to advise the working group in carrying 

15 out the duties of the working group: 

16 (A) Academic experts in fields relating to 

17 caregivers. 

18 (B) Clinicians. 

19 (C) Caregivers. 

20 (D) Individuals in receipt of caregiver serv21 ices. 

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

23 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 non-profit 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 non-profit 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 2014, and annually thereafter, the chair of the work10 ing group shall submit to Congress a report on poli11 cies and services relating to caregivers of veterans 

12 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 such 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 non-governmental 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 chair 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 

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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, 2019, 

16 and every four years thereafter, the Secretary shall 

17 submit to the Committee on Veterans’ Affairs of the 

18 Senate and the Committee on Veterans’ Affairs of 

19 the House of Representatives a report on the results 

20 of the study required by paragraph (1) as of the 

21 date of such report. 

22 (b) COMPREHENSIVE STUDY ON SERIOUSLY IN23 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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