Veterans Benefits, Health Care, and Information Technology Act of 2006
PL 109-461 (S.3421), enacted 12/22/2006

120 STAT. 3403
PUBLIC LAW 109–461—DEC. 22, 2006
Public Law 109–461
109th Congress
An Act
To amend title 38, United States Code, to repeal certain limitations on attorney
representation of claimants for benefits under laws administered by the Secretary
of Veterans Affairs, to expand eligibility for the Survivors’ and Dependents’ Edu-
cational Assistance Program, to otherwise improve veterans’ benefits, memorial
affairs, and health-care programs, to enhance information security programs of
the Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans
Benefits, Health Care, and Information Technology Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—ATTORNEY REPRESENTATION MATTERS
Sec. 101. Agent or attorney representation in veterans benefits cases before the De-
partment of Veterans Affairs.
TITLE II—HEALTH MATTERS
Sec. 201. Additional mental health providers.
Sec. 202. Pay comparability for the Chief Nursing Officer, Office of Nursing Serv-
ices.
Sec. 203. Improvement and expansion of mental health services.
Sec. 204. Disclosure of medical records.
Sec. 205. Expansion of telehealth services.
Sec. 206. Strategic plan for long-term care.
Sec. 207. Blind rehabilitation outpatient specialists.
Sec. 208. Extension of certain compliance reports.
Sec. 209. Parkinson’s Disease research, education, and clinical centers and multiple
sclerosis centers of excellence.
Sec. 210. Repeal of term of office for the Under Secretary for Health and the Under
Secretary for Benefits.
Sec. 211. Modifications to State home authorities.
Sec. 212. Office of Rural Health.
Sec. 213. Outreach program to veterans in rural areas.
Sec. 214. Pilot program on improvement of caregiver assistance services.
Sec. 215. Expansion of outreach activities of Vet Centers.
Sec. 216. Clarification and enhancement of bereavement counseling.
Sec. 217. Funding for Vet Center program.
TITLE III—EDUCATION MATTERS
Sec. 301. Expansion of eligibility for Survivors’ and Dependents’ Educational As-
sistance program.
Sec. 302. Restoration of lost entitlement for individuals who discontinue a program
of education because of being ordered to full-time National Guard duty.
Sec. 303. Exception for institutions offering Government-sponsored nonaccredited
courses to requirement of refunding unused tuition.
38 USC 101 note.
Veterans
Benefits, Health
Care, and
Information
Technology Act of
2006.
Dec. 22, 2006
[S. 3421]
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120 STAT. 3404
PUBLIC LAW 109–461—DEC. 22, 2006
Sec. 304. Extension of work-study allowance.
Sec. 305. Deadline and extension of requirement for report on educational assist-
ance program.
Sec. 306. Report on improvement in administration of educational assistance bene-
fits.
Sec. 307. Technical amendments relating to education laws.
TITLE IV—NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS
Sec. 401. Provision of Government memorial headstones or markers and memorial
inscriptions for deceased dependent children of veterans whose remains
are unavailable for burial.
Sec. 402. Provision of Government markers for marked graves of veterans at pri-
vate cemeteries.
Sec. 403. Eligibility of Indian tribal organizations for grants for the establishment
of veterans cemeteries on trust lands.
Sec. 404. Removal of remains of Russell Wayne Wagner from Arlington National
Cemetery.
TITLE V—HOUSING AND SMALL BUSINESS MATTERS
Sec. 501. Residential cooperative housing units.
Sec. 502. Department of Veterans Affairs goals for participation by small busi-
nesses owned and controlled by veterans in procurement contracts.
Sec. 503. Department of Veterans Affairs contracting priority for veteran-owned
small businesses.
TITLE VI—EMPLOYMENT AND TRAINING MATTERS
Sec. 601. Training of new disabled veterans’ outreach program specialists and local
veterans’ employment representatives by NVTI required.
Sec. 602. Rules for part-time employment for disabled veterans’ outreach program
specialists and local veterans’ employment representatives.
Sec. 603. Performance incentive awards for employment service offices.
Sec. 604. Demonstration project on credentialing and licensure of veterans.
Sec. 605. Department of Labor implementation of regulations for priority of service.
TITLE VII—HOMELESS VETERANS ASSISTANCE
Sec. 701. Reaffirmation of national goal to end homelessness among veterans.
Sec. 702. Sense of Congress on the response of the Federal Government to the
needs of homeless veterans.
Sec. 703. Authority to make grants for comprehensive service programs for home-
less veterans.
Sec. 704. Extension of treatment and rehabilitation for seriously mentally ill and
homeless veterans.
Sec. 705. Extension of authority for transfer of properties obtained through fore-
closure of home mortgages.
Sec. 706. Extension of funding for grant program for homeless veterans with spe-
cial needs.
Sec. 707. Extension of funding for homeless veteran service provider technical as-
sistance program.
Sec. 708. Additional element in annual report on assistance to homeless veterans.
Sec. 709. Advisory Committee on Homeless Veterans.
Sec. 710. Rental assistance vouchers for Veterans Affairs supported housing pro-
gram.
TITLE VIII—CONSTRUCTION MATTERS
Subtitle A—Construction and Lease Authorities
Sec. 801. Authorization of fiscal year 2006 major medical facility projects.
Sec. 802. Extension of authorization for certain major medical facility construction
projects previously authorized in connection with Capital Asset Realign-
ment Initiative.
Sec. 803. Authorization of fiscal year 2007 major medical facility projects.
Sec. 804. Authorization of advance planning and design for a major medical facility,
Charleston, South Carolina.
Sec. 805. Authorization of fiscal year 2006 major medical facility leases.
Sec. 806. Authorization of fiscal year 2007 major medical facility leases.
Sec. 807. Authorization of appropriations.
Subtitle B—Facilities Administration
Sec. 811. Director of Construction and Facilities Management.
Sec. 812. Increase in threshold for major medical facility projects.
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120 STAT. 3405
PUBLIC LAW 109–461—DEC. 22, 2006
Sec. 813. Land conveyance, city of Fort Thomas, Kentucky.
Subtitle C—Reports on Medical Facility Improvements
Sec. 821. Report on option for medical facility improvements in San Juan, Puerto
Rico.
Sec. 822. Business plans for enhanced access to outpatient care in certain rural
areas.
Sec. 823. Report on option for construction of Department of Veterans Affairs Med-
ical Center in Okaloosa County, Florida.
TITLE IX—INFORMATION SECURITY MATTERS
Sec. 901. Short title.
Sec. 902. Department of Veterans Affairs information security programs and re-
quirements.
Sec. 903. Information security education assistance programs.
TITLE X—OTHER MATTERS
Sec. 1001. Notice to congressional veterans committees of certain transfers of
funds.
Sec. 1002. Clarification of correctional facilities covered by certain provisions of
law.
Sec. 1003. Extension of authority for health care for participation in DOD chemical
and biological warfare testing.
Sec. 1004. Technical and clerical amendments.
Sec. 1005. Codification of cost-of-living adjustment provided in Public Law 109–361.
Sec. 1006. Coordination of provisions with Veterans Programs Extension Act of
2006.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
38, United States Code.
TITLE I—ATTORNEY REPRESENTATION
MATTERS
SEC. 101. AGENT OR ATTORNEY REPRESENTATION IN VETERANS BENE-
FITS CASES BEFORE THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) QUALIFICATIONS AND STANDARDS OF CONDUCT FOR INDIVID-
UALS RECOGNIZED AS AGENTS OR ATTORNEYS.—
(1) ADDITIONAL
QUALIFICATIONS
AND
STANDARDS
FOR
AGENTS AND ATTORNEYS GENERALLY.—Subsection (a) of section
5904 is amended—
(A) by inserting ‘‘RECOGNITION.—(1)’’ after ‘‘(a)’’;
(B) by striking ‘‘The Secretary may recognize’’ and
inserting ‘‘Except as provided in paragraph (4), the Sec-
retary may recognize’’;
(C) by striking the second sentence; and
(D) by adding at the end the following new paragraphs:
‘‘(2) The Secretary shall prescribe in regulations (consistent
with the Model Rules of Professional Conduct of the American
Bar Association) qualifications and standards of conduct for individ-
uals recognized under this section, including a requirement that,
as a condition of being so recognized, an individual must—
‘‘(A) show that such individual is of good moral character
and in good repute, is qualified to render claimants valuable
service, and is otherwise competent to assist claimants in pre-
senting claims;
Regulations.
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120 STAT. 3406
PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(B) have such level of experience or specialized training
as the Secretary shall specify; and
‘‘(C) certify to the Secretary that the individual has satisfied
any qualifications and standards prescribed by the Secretary
under this section.
‘‘(3) The Secretary shall prescribe in regulations requirements
that each agent or attorney recognized under this section provide
annually to the Secretary information about any court, bar, or
Federal or State agency to which such agent or attorney is admitted
to practice or otherwise authorized to appear, any relevant identi-
fication number or numbers, and a certification by such agent
or attorney that such agent or attorney is in good standing in
every jurisdiction where the agent or attorney is admitted to prac-
tice or otherwise authorized to appear.
‘‘(4) The Secretary may not recognize an individual as an agent
or attorney under paragraph (1) if such individual has been sus-
pended or disbarred by any court, bar, or Federal or State agency
to which the individual was previously admitted to practice and
has not been subsequently reinstated.
‘‘(5) The Secretary may prescribe in regulations reasonable
restrictions on the amount of fees that an agent or attorney may
charge a claimant for services rendered in the preparation, presen-
tation, and prosecution of a claim before the Department. A fee
that does not exceed 20 percent of the past due amount of benefits
awarded on a claim shall be presumed to be reasonable.
‘‘(6)(A) The Secretary may charge and collect an assessment
from an individual recognized as an agent or attorney under this
section in any case in which the Secretary pays to the agent
or attorney, from past-due benefits owed to a claimant represented
by the agent or attorney, an amount as a fee in accordance with
a fee arrangement between the claimant and the agent or attorney.
‘‘(B) The amount of an assessment under subparagraph (A)
shall be equal to five percent of the amount of the fee required
to be paid to the agent or attorney, except that the amount of
such an assessment may not exceed $100.
‘‘(C) The Secretary may collect an assessment under subpara-
graph (A) by offsetting the amount of the fee otherwise required
to be paid to the agent or attorney from the past-due benefits
owed to the claimant represented by the agent or attorney.
‘‘(D) An agent or attorney who is charged an assessment under
subparagraph (A) may not, directly or indirectly, request, receive,
or obtain reimbursement for such assessment from the claimant
represented by the agent or attorney.
‘‘(E) Amounts collected under this paragraph shall be deposited
in the account available for administrative expenses for veterans’
benefits programs. Amounts so deposited shall be merged with
amounts in such account and shall be available for the same pur-
pose, and subject to the same conditions and limitations, as amounts
otherwise in such account.’’.
(2) SUSPENSION OF RECOGNIZED REPRESENTATIVES OF VET-
ERANS SERVICE ORGANIZATIONS.—Section 5902(b) is amended—
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(C) by adding at the end the following new paragraph:
38 USC 5902.
Regulations.
Certification.
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120 STAT. 3407
PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(2) An individual recognized under this section shall be subject
to the provisions of section 5904(b) of this title on the same basis
as an individual recognized under section 5904(a) of this title.’’.
(3) SUSPENSION
OF
INDIVIDUALS
RECOGNIZED
FOR
PAR-
TICULAR CLAIMS.—Section 5903 is amended—
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Sec-
retary’’; and
(B) by adding at the end the following new subsection:
‘‘(b) SUSPENSION.—An individual recognized under this section
shall be subject to the provisions of section 5904(b) of this title
on the same basis as an individual recognized under section 5904(a)
of this title.’’.
(b) ADDITIONAL BASES FOR SUSPENSION OF INDIVIDUALS.—Sub-
section (b) of section 5904 is amended—
(1) by inserting ‘‘SUSPENSION OF AGENTS AND ATTORNEYS.—
’’ after ‘‘(b)’’;
(2) in paragraph (4), by striking ‘‘or’’ at the end;
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
‘‘(6) has presented to the Secretary a frivolous claim, issue,
or argument, involving conduct inconsistent with ethical stand-
ards for the practice of law;
‘‘(7) has been suspended or disbarred by any court or bar
to which such agent or attorney was previously admitted to
practice, or has been disqualified from participating in or
appearing before any Federal agency, and has not been subse-
quently reinstated;
‘‘(8) has charged excessive or unreasonable fees, as deter-
mined by the Secretary in accordance with subsection (c)(3)(A);
or
‘‘(9) has failed to comply with any other condition specified
in regulations prescribed by the Secretary for purposes of this
subsection.’’.
(c) MODIFICATION OF DATE FOR COMMENCEMENT OF SERVICES
SUBJECT TO FEES.—
(1) MODIFICATION.—Effective as provided in subsection (h),
paragraph (1) of subsection (c) of such section is amended—
(A) by striking ‘‘the Board of Veterans’ Appeals first
makes a final decision in’’ and inserting ‘‘a notice of dis-
agreement is filed with respect to’’;
(B) by striking the second sentence; and
(C) in the third sentence, by inserting ‘‘fees charged,
allowed, or paid for’’ before ‘‘services provided’’.
(2) REPORT.—Not later than 42 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report that sets forth an assessment
of the effects of allowing agents and attorneys recognized under
section 5904 of title 38, United States Code, to charge a fee
to a claimant for services rendered in the preparation, presen-
tation, and prosecution of a claim before the Department of
Veterans Affairs after a notice of disagreement has been filed.
Such report shall include the recommendations of the Secretary
with respect to agent and attorney representation.
(d) MODIFICATION OF REQUIREMENTS TO FILE ATTORNEY FEE
AGREEMENTS.—Effective as provided in subsection (h), paragraph
(2) of subsection (c) of such section is amended—
38 USC 5903.
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120 STAT. 3408
PUBLIC LAW 109–461—DEC. 22, 2006
(1) by striking ‘‘after the Board first makes a final decision
in the case’’ and inserting ‘‘after a notice of disagreement is
filed with respect to the case’’;
(2) by striking ‘‘with the Board at such time as may be
specified by the Board’’ and inserting ‘‘with the Secretary pursu-
ant to regulations prescribed by the Secretary’’; and
(3) by striking the second and third sentences.
(e) ATTORNEY FEES.—Subsection (c) of such section is further
amended—
(1) in paragraph (1), by striking ‘‘paragraph (3)’’ and
inserting ‘‘paragraph (4)’’; and
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3)(A) The Secretary may, upon the Secretary’s own motion
or at the request of the claimant, review a fee agreement filed
pursuant to paragraph (2) and may order a reduction in the fee
called for in the agreement if the Secretary finds that the fee
is excessive or unreasonable.
‘‘(B) A finding or order of the Secretary under subparagraph
(A) may be reviewed by the Board of Veterans’ Appeals under
section 7104 of this title.
‘‘(C) If the Secretary under subsection (b) suspends or excludes
from further practice before the Department any agent or attorney
who collects or receives a fee in excess of the amount authorized
under this section, the suspension shall continue until the agent
or attorney makes full restitution to each claimant from whom
the agent or attorney collected or received an excessive fee. If
the agent or attorney makes such restitution, the Secretary may
reinstate such agent or attorney under such rules as the Secretary
may prescribe.’’.
(f) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (d)
of such section is amended—
(1) by inserting ‘‘PAYMENT OF FEES OUT OF PAST-DUE BENE-
FITS.—’’ after ‘‘(d)’’;
(2) by inserting ‘‘agent or’’ before ‘‘attorney’’ each place
it appears;
(3) in paragraph (1), by striking ‘‘of this subsection’’ after
‘‘paragraph (2)’’;
(4) in paragraph (2)(B), by striking ‘‘of this paragraph’’
after ‘‘subparagraph (A)’’; and
(5) in paragraph (3)—
(A) by striking ‘‘attorneys’ fee’’ and inserting ‘‘fee to
an agent or attorney’’; and
(B) by striking ‘‘of this subsection’’ after ‘‘paragraph
(1)’’.
(g) REPEAL OF PENALTY FOR CERTAIN ACTS.—Section 5905 is
amended by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’.
(h) EFFECTIVE DATE.—The amendments made by subsections
(c)(1) and (d) shall take effect on the date that is 180 days after
the date of the enactment of this Act and shall apply with respect
to services of agents and attorneys that are provided with respect
to cases in which notices of disagreement are filed on or after
that date.
(i) LIMITATION
ON
COLLECTION
OF
FEE
ASSESSMENT.—No
assessments on fees may be collected under paragraph (6) of section
5904(a) of title 38, United States Code (as added by subsection
Regulations.
38 USC 5904
note.
38 USC 5904
note.
38 USC 5905.
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120 STAT. 3409
PUBLIC LAW 109–461—DEC. 22, 2006
(a)(1)(D) of this section), until the date on which the Secretary
of Veterans Affairs prescribes the regulations required by the
amendments made by this section.
TITLE II—HEALTH MATTERS
SEC. 201. ADDITIONAL MENTAL HEALTH PROVIDERS.
(a) APPOINTMENTS.—Section 7401(3) is amended by inserting
after ‘‘social workers,’’ the following: ‘‘marriage and family thera-
pists, licensed professional mental health counselors,’’.
(b) QUALIFICATIONS.—Section 7402(b) is amended—
(1) by redesignating paragraph (10) as paragraph (12);
and
(2) by inserting after paragraph (9) the following new para-
graphs:
‘‘(10) MARRIAGE AND FAMILY THERAPIST.—To be eligible to be
appointed to a marriage and family therapist position, a person
must—
‘‘(A) hold a master’s degree in marriage and family therapy,
or a comparable degree in mental health, from a college or
university approved by the Secretary; and
‘‘(B) be licensed or certified to independently practice mar-
riage and family therapy in a State, except that the Secretary
may waive the requirement of licensure or certification for
an individual marriage and family therapist for a reasonable
period of time recommended by the Under Secretary for Health.
‘‘(11) LICENSED PROFESSIONAL MENTAL HEALTH COUNSELOR.—
To be eligible to be appointed to a licensed professional mental
health counselor position, a person must—
‘‘(A) hold a master’s degree in mental health counseling,
or a related field, from a college or university approved by
the Secretary; and
‘‘(B) be licensed or certified to independently practice
mental health counseling.’’.
(c) REPORT ON MARRIAGE AND FAMILY THERAPY WORKLOAD.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Under Secretary for Health
of the Department of Veterans Affairs shall submit to the
Committee on Veterans’ Affairs of the Senate and the Com-
mittee on Veterans’ Affairs of the House of Representatives
a report on the provision of treatment for post-traumatic stress
disorder by marriage and family therapists employed by the
Department of Veterans Affairs.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include the following:
(A) The actual and projected workloads in facilities
of the Veterans Readjustment Counseling Service and the
Veterans Health Administration for the provision of mar-
riage and family counseling for veterans diagnosed with,
or otherwise in need of treatment for, post-traumatic stress
disorder.
(B) The resources available and needed to support
the projected workload described in subparagraph (A).
(C) An assessment by the Under Secretary for Health
of the effectiveness of treatment for post-traumatic stress
disorder that is provided by marriage and family therapists.
38 USC 7401.
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120 STAT. 3410
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(D) Recommendations, if any, for improvements in the
provision of such treatment by such therapists.
SEC. 202. PAY COMPARABILITY FOR THE CHIEF NURSING OFFICER,
OFFICE OF NURSING SERVICES.
Section 7404 is amended—
(1) in subsection (d), by striking ‘‘subchapter III and in’’
and inserting ‘‘subsection (e), subchapter III, and’’; and
(2) by adding at the end the following new subsection:
‘‘(e) The position of Chief Nursing Officer, Office of Nursing
Services, shall be exempt from the provisions of section 7451 of
this title and shall be paid at a rate determined by the Secretary,
not to exceed the maximum rate established for the Senior Execu-
tive Service under section 5382 of title 5.’’.
SEC. 203. IMPROVEMENT AND EXPANSION OF MENTAL HEALTH SERV-
ICES.
(a) REQUIRED CAPACITY
FOR COMMUNITY-BASED OUTPATIENT
CLINICS.—
(1) IN GENERAL.—The Secretary of Veterans Affairs shall
ensure that each community-based outpatient clinic of the
Department of Veterans Affairs has the capacity to provide,
or monitor the provision of, mental health services to enrolled
veterans who, as determined by the Secretary, are in need
of such services.
(2) SETTINGS.—In carrying out paragraph (1), the Secretary
shall ensure that mental health services are provided through—
(A) a community-based outpatient clinic of the Depart-
ment by an employee of the Department;
(B) referral to another facility of the Department;
(C) contract with an appropriate mental health profes-
sional in the community; or
(D) telemental health services.
(b) CLINICAL TRAINING AND PROTOCOLS.—
(1) COLLABORATION.—The National Center on Post-Trau-
matic Stress Disorder of the Department of Veterans Affairs
shall collaborate with the Secretary of Defense—
(A) to enhance the clinical skills of military clinicians
on matters relating to post-traumatic stress disorder
through training, treatment protocols, web-based interven-
tions, and the development of evidence-based interventions;
and
(B) to promote pre-deployment resilience and post-
deployment readjustment among members of the Armed
Forces serving in Operation Iraqi Freedom and Operation
Enduring Freedom.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for the Department of Veterans Affairs
for fiscal year 2007 $2,000,000 to carry out this subsection.
(c) MENTAL HEALTH OUTREACH.—The Secretary of Veterans
Affairs shall—
(1) develop additional educational materials on post-trau-
matic stress disorder; and
(2) undertake additional efforts to educate veterans about
post-traumatic stress disorder.
(d) REVIEW
OF PTSD CLINICAL GUIDELINES.—The Secretary
of Veterans Affairs shall—
Post-traumatic
stress disorder.
38 USC 1712A
note.
38 USC 7404.
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(1) review the clinical guidelines of the Department of
Veterans Affairs on post-traumatic stress disorder and all
appropriate protocols related to post-traumatic stress disorder;
(2) revise such guidelines and protocols as the Secretary
considers appropriate to ensure that clinicians are able to effec-
tively distinguish between diagnoses with similar symptoms
that may manifest as post-traumatic stress disorder, including
traumatic brain injury; and
(3) develop performance measures for the treatment of
post-traumatic stress disorder among veterans.
SEC. 204. DISCLOSURE OF MEDICAL RECORDS.
(a) LIMITED
EXCEPTION
TO
CONFIDENTIALITY
OF
MEDICAL
RECORDS.—Section 5701 is amended by adding at the end the
following new subsection:
‘‘(k)(1)(A) Under regulations that the Secretary shall prescribe,
the Secretary may disclose the name and address of any individual
described in subparagraph (C) to an entity described in subpara-
graph (B) in order to facilitate the determination by such entity
whether the individual is, or after death will be, a suitable organ,
tissue, or eye donor if—
‘‘(i) the individual is near death (as determined by the
Secretary) or is deceased; and
‘‘(ii) the disclosure is permitted under regulations promul-
gated pursuant to section 264 of the Health Insurance Port-
ability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
‘‘(B) An entity described in this subparagraph is—
‘‘(i) an organ procurement organization, including eye and
tissue banks; or
‘‘(ii) an entity that the Secretary has determined—
‘‘(I) is substantially similar in function, profes-
sionalism, and reliability to an organ procurement
organization; and
‘‘(II) should be treated for purposes of this subsection
in the same manner as an organ procurement organization.
‘‘(C) An individual described in this subparagraph is—
‘‘(i) a veteran; or
‘‘(ii) a dependent of veteran.
‘‘(2) In this subsection, the term ‘organ procurement organiza-
tion’ has the meaning given the term ‘qualified organ procurement
organization’ in section 371(b) of the Public Health Service Act
(42 U.S.C. 273(b)).’’.
(b) DISCLOSURES FROM CERTAIN MEDICAL RECORDS.—Section
7332(b)(2) is amended by adding at the end the following new
subparagraph:
‘‘(E) To an entity described in paragraph (1)(B) of section
5701(k) of this title, but only to the extent authorized by such
section.’’.
(c) DEADLINE FOR PRESCRIBING REGULATIONS.—The Secretary
of Veterans Affairs shall prescribe regulations under subsection
(k) of section 5701 of title 38, United States Code, as added by
subsection (a), not later than 180 days after the date of the enact-
ment of this Act.
SEC. 205. EXPANSION OF TELEHEALTH SERVICES.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall
increase the number of facilities of the Readjustment Counseling
Service that are capable of providing health services and counseling
38 USC 1712A
note.
38 USC 5701
note.
Regulations.
38 USC 5701.
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PUBLIC LAW 109–461—DEC. 22, 2006
through telehealth linkages with facilities of the Veterans Health
Administration.
(b) PLAN.—Not later than July 1, 2007, the Secretary shall
submit to the Committee on Veterans’ Affairs of the Senate and
the Committee on Veterans’ Affairs of the House of Representatives
a plan to implement the requirement in subsection (a). The plan
shall specify which facilities of the Readjustment Counseling Service
will have the capabilities described in subsection (a) as of the
end of each of fiscal years 2007, 2008, and 2009.
SEC. 206. STRATEGIC PLAN FOR LONG-TERM CARE.
(a) PUBLICATION.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
publish a strategic plan for the provision of long-term care by
the Department of Veterans Affairs.
(b) POLICIES AND STRATEGIES.—The plan published under sub-
section (a) shall contain policies and strategies for—
(1) the delivery of care in domiciliaries, residential treat-
ment facilities, and nursing homes and for seriously mentally
ill veterans;
(2) maximizing the use of State veterans homes;
(3) locating domiciliary units as close to patient populations
as feasible; and
(4) identifying freestanding nursing homes as an acceptable
care model.
(c) DATA.—The plan published under subsection (a) shall
include data on—
(1) the provision of care of catastrophically disabled vet-
erans; and
(2) the geographic distribution of catastrophically disabled
veterans.
(d) NONINSTITUTIONAL LONG-TERM CARE OPTIONS.—The plan
published under subsection (a) shall address the spectrum of non-
institutional long-term care options, including each of the following:
(1) Respite care.
(2) Home-based primary care.
(3) Geriatric evaluation.
(4) Adult day health care.
(5) Skilled home health care.
(6) Community residential care.
(e) ADDITIONAL MATTERS TO BE INCLUDED.—The plan published
under subsection (a) shall provide—
(1) cost and quality comparison analyses of all the different
levels of long-term care for veterans;
(2) detailed information about geographic distribution of
services and gaps in care; and
(3) specific plans for working with Medicare, Medicaid,
and private insurance companies to expand the availability
of such care.
SEC. 207. BLIND REHABILITATION OUTPATIENT SPECIALISTS.
(a) FINDINGS.—Congress makes the following findings:
(1) There are approximately 135,000 blind veterans
throughout the United States, including approximately 35,000
who are enrolled with the Department of Veterans Affairs.
An aging veteran population and injuries incurred in Operation
Iraqi Freedom and Operation Enduring Freedom are increasing
the number of blind veterans.
38 USC 3104
note.
Deadline.
Deadline.
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(2) Since 1996, when the Department of Veterans Affairs
hired its first 14 blind rehabilitation outpatient specialists
(referred to in this section as ‘‘Specialists’’), Specialists have
been a critical part of the continuum of care for blind and
visually impaired veterans.
(3) The Department of Veterans Affairs operates 10 residen-
tial blind rehabilitation centers that are considered among the
best in the world. These centers have had long waiting lists,
with as many as 1,500 blind veterans waiting for openings
in 2004.
(4) Specialists provide—
(A) critically needed services to veterans who are
unable to attend residential centers or are waiting to enter
a residential center program;
(B) a range of services for blind veterans, including
training with living skills, mobility, and adaptation of
manual skills; and
(C) pre-admission screening and follow-up care for
blind rehabilitation centers.
(5) There are not enough Specialist positions to meet the
increased numbers and needs of blind veterans.
(b) ESTABLISHMENT
OF ADDITIONAL SPECIALIST POSITIONS.—
Not later than 30 months after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall establish an additional
Specialist position at not fewer than 35 additional facilities of
the Department of Veterans Affairs.
(c) SELECTION OF FACILITIES.—In identifying the most appro-
priate facilities to receive a Specialist position under this section,
the Secretary shall—
(1) give priority to facilities with large numbers of enrolled
legally blind veterans;
(2) ensure that each facility does not have such a position;
and
(3) ensure that each facility is in need of the services
of a Specialist.
(d) COORDINATION.—The Secretary shall coordinate the provi-
sion of blind rehabilitation services for veterans with services for
the care of the visually impaired offered by State and local agencies,
especially to the extent to which such State and local agencies
can provide necessary services to blind veterans in settings located
closer to the residences of such veterans at similar quality and
cost to the veteran.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for the Department of Veterans Affairs to carry
out this section $3,500,000 for each of fiscal years 2007 through
2012.
SEC. 208. EXTENSION OF CERTAIN COMPLIANCE REPORTS.
(a) MANAGEMENT OF HEALTH CARE.—Section 1706(b)(5)(A) is
amended by striking ‘‘2004’’ and inserting ‘‘2008’’.
(b) ADVISORY
COMMITTEE
ON
WOMEN
VETERANS.—Section
542(c)(1) is amended by striking ‘‘2004’’ and inserting ‘‘2008’’.
SEC. 209. PARKINSON’S DISEASE RESEARCH, EDUCATION, AND CLIN-
ICAL CENTERS AND MULTIPLE SCLEROSIS CENTERS OF
EXCELLENCE.
(a) REQUIREMENT FOR ESTABLISHMENT OF CENTERS.—
38 USC 1706.
Deadline.
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(1) IN GENERAL.—Subchapter II of chapter 73 is amended
by adding at the end the following new sections:
‘‘§ 7329. Parkinson’s Disease research, education, and clinical
centers
‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The Secretary, upon the
recommendation of the Under Secretary for Health, shall designate
not less than six Department health-care facilities as the locations
for centers of Parkinson’s Disease research, education, and clinical
activities.
‘‘(2) Subject to the availability of appropriations for such pur-
pose, the Secretary shall establish and operate centers of Parkin-
son’s Disease research, education, and clinical activities centers
at the locations designated pursuant to paragraph (1).
‘‘(b) CRITERIA FOR DESIGNATION OF FACILITIES.—(1) In desig-
nating Department health-care facilities for centers under sub-
section (a), the Secretary, upon the recommendation of the Under
Secretary for Health, shall assure appropriate geographic distribu-
tion of such facilities.
‘‘(2) Except as provided in paragraph (3), the Secretary shall
designate as the location for a center of Parkinson’s Disease
research, education, and clinical activities pursuant to subsection
(a)(1) each Department health-care facility that as of January 1,
2005, was operating a Parkinson’s Disease research, education,
and clinical center.
‘‘(3) The Secretary may not under subsection (a) designate
a facility described in paragraph (2) if (on the recommendation
of the Under Secretary for Health) the Secretary determines that
such facility—
‘‘(A) does not meet the requirements of subsection (c); or
‘‘(B) has not demonstrated—
‘‘(i) effectiveness in carrying out the established pur-
poses of such center; or
‘‘(ii) the potential to carry out such purposes effectively
in the reasonably foreseeable future.
‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) The Secretary may
not designate a Department health-care facility as a location for
a center under subsection (a) unless the peer review panel estab-
lished under subsection (d) has determined under that subsection
that the proposal submitted by such facility as a location for a
new center under subsection (a) is among those proposals that
meet the highest competitive standards of scientific and clinical
merit.
‘‘(2) The Secretary may not designate a Department health-
care facility as a location for a center under subsection (a) unless
the Secretary (upon the recommendation of the Under Secretary
for Health) determines that the facility has (or may reasonably
be anticipated to develop) each of the following:
‘‘(A) An arrangement with an accredited medical school
that provides education and training in neurology and with
which the Department health-care facility is affiliated under
which residents receive education and training in innovative
diagnosis and treatment of chronic neurodegenerative diseases
and movement disorders, including Parkinson’s Disease.
‘‘(B) The ability to attract the participation of scientists
who are capable of ingenuity and creativity in health-care
research efforts.
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(C) An advisory committee composed of veterans and
appropriate health-care and research representatives of the
Department health-care facility and of the affiliated school
or schools to advise the directors of such facility and such
center on policy matters pertaining to the activities of the
center during the period of the operation of such center.
‘‘(D) The capability to conduct effectively evaluations of
the activities of such center.
‘‘(E) The capability to coordinate (as part of an integrated
national system) education, clinical, and research activities
within all facilities with such centers.
‘‘(F) The capability to jointly develop a consortium of pro-
viders with interest in treating neurodegenerative diseases,
including Parkinson’s Disease and other movement disorders,
at facilities without centers established under subsection (a)
in order to ensure better access to state-of-the-art diagnosis,
care, and education for neurodegenerative disorders throughout
the health-care system of the Department.
‘‘(G) The capability to develop a national repository in
the health-care system of the Department for the collection
of data on health services delivered to veterans seeking care
for neurodegenerative diseases, including Parkinson’s Disease,
and other movement disorders.
‘‘(d) PEER REVIEW PANEL.—(1) The Under Secretary for Health
shall establish a panel to assess the scientific and clinical merit
of proposals that are submitted to the Secretary for the establish-
ment of centers under this section.
‘‘(2)(A) The membership of the panel shall consist of experts
in neurodegenerative diseases, including Parkinson’s Disease and
other movement disorders.
‘‘(B) Members of the panel shall serve for a period of no longer
than two years, except as specified in subparagraph (C).
‘‘(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half shall
be appointed for a period of two years, as designated by the Under
Secretary at the time of appointment.
‘‘(3) The panel shall review each proposal submitted to the
panel by the Under Secretary and shall submit its views on the
relative scientific and clinical merit of each such proposal to the
Under Secretary.
‘‘(4) The panel shall not be subject to the Federal Advisory
Committee Act.
‘‘(e) PRIORITY OF FUNDING.—Before providing funds for the oper-
ation of a center designated under subsection (a) at a Department
health-care facility other than at a facility designated pursuant
to subsection (b)(2), the Secretary shall ensure that each Parkinson’s
Disease center at a facility designated pursuant to subsection (b)(2)
is receiving adequate funding to enable that center to function
effectively in the areas of Parkinson’s Disease research, education,
and clinical activities.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary for the support
of the research and education activities of the centers established
pursuant to subsection (a). The Under Secretary for Health shall
allocate to such centers from other funds appropriated generally
Establishment.
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PUBLIC LAW 109–461—DEC. 22, 2006
for the Department medical services account and medical and pros-
thetics research account, as appropriate, such amounts as the Under
Secretary for Health determines appropriate.
‘‘(g) AWARD COMPETITIONS.—Activities of clinical and scientific
investigation at each center established under subsection (a) shall
be eligible to compete for the award of funding from funds appro-
priated for the Department medical and prosthetics research
account. Such activities shall receive priority in the award of
funding from such account insofar as funds are awarded to projects
for research in Parkinson’s Disease and other movement disorders.
‘‘§ 7330. Multiple sclerosis centers of excellence
‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The Secretary, upon the
recommendation of the Under Secretary for Health, shall designate
not less than two Department health-care facilities as the locations
for multiple sclerosis centers of excellence.
‘‘(2) Subject to the availability of appropriations for such pur-
pose, the Secretary shall establish and operate multiple sclerosis
centers of excellence at the locations designated pursuant to para-
graph (1).
‘‘(b) CRITERIA FOR DESIGNATION OF FACILITIES.—(1) In desig-
nating Department health-care facilities for centers under sub-
section (a), the Secretary, upon the recommendation of the Under
Secretary for Health, shall assure appropriate geographic distribu-
tion of such facilities.
‘‘(2) Except as provided in paragraph (3), the Secretary shall
designate as the location for a center pursuant to subsection (a)(1)
each Department health-care facility that as of January 1, 2005,
was operating a multiple sclerosis center of excellence.
‘‘(3) The Secretary may not under subsection (a) designate
a facility described in paragraph (2) if (on the recommendation
of the Under Secretary for Health) the Secretary determines that
such facility—
‘‘(A) does not meet the requirements of subsection (c); or
‘‘(B) has not demonstrated—
‘‘(i) effectiveness in carrying out the established pur-
poses of such center; or
‘‘(ii) the potential to carry out such purposes effectively
in the reasonably foreseeable future.
‘‘(c) REQUIREMENTS FOR DESIGNATION.—(1) The Secretary may
not designate a Department health-care facility as a location for
a center under subsection (a) unless the peer review panel estab-
lished under subsection (d) has determined under that subsection
that the proposal submitted by such facility as a location for a
new center under subsection (a) is among those proposals that
meet the highest competitive standards of scientific and clinical
merit.
‘‘(2) The Secretary may not designate a Department health-
care facility as a location for a center under subsection (a) unless
the Secretary (upon the recommendation of the Under Secretary
for Health) determines that the facility has (or may reasonably
be anticipated to develop) each of the following:
‘‘(A) An arrangement with an accredited medical school
that provides education and training in neurology and with
which the Department health-care facility is affiliated under
which residents receive education and training in innovative
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diagnosis and treatment of autoimmune diseases affecting the
central nervous system, including multiple sclerosis.
‘‘(B) The ability to attract the participation of scientists
who are capable of ingenuity and creativity in health-care
research efforts.
‘‘(C) An advisory committee composed of veterans and
appropriate health-care and research representatives of the
Department health-care facility and of the affiliated school
or schools to advise the directors of such facility and such
center on policy matters pertaining to the activities of the
center during the period of the operation of such center.
‘‘(D) The capability to conduct effectively evaluations of
the activities of such center.
‘‘(E) The capability to coordinate (as part of an integrated
national system) education, clinical, and research activities
within all facilities with such centers.
‘‘(F) The capability to jointly develop a consortium of pro-
viders with interest in treating multiple sclerosis at facilities
without such centers in order to ensure better access to state-
of-the-art diagnosis, care, and education for autoimmune dis-
ease affecting the central nervous system throughout the
health-care system of the Department.
‘‘(G) The capability to develop a national repository in
the health-care system of the Department for the collection
of data on health services delivered to veterans seeking care
for autoimmune disease affecting the central nervous system.
‘‘(d) PEER REVIEW PANEL.—(1) The Under Secretary for Health
shall establish a panel to assess the scientific and clinical merit
of proposals that are submitted to the Secretary for the establish-
ment of centers under this section.
‘‘(2)(A) The membership of the panel shall consist of experts
in autoimmune disease affecting the central nervous system.
‘‘(B) Members of the panel shall serve for a period of no longer
than two years, except as specified in subparagraph (C).
‘‘(C) Of the members first appointed to the panel, one half
shall be appointed for a period of three years and one half shall
be appointed for a period of two years, as designated by the Under
Secretary at the time of appointment.
‘‘(3) The panel shall review each proposal submitted to the
panel by the Under Secretary and shall submit its views on the
relative scientific and clinical merit of each such proposal to the
Under Secretary.
‘‘(4) The panel shall not be subject to the Federal Advisory
Committee Act.
‘‘(e) PRIORITY OF FUNDING.—Before providing funds for the oper-
ation of a center designated under subsection (a) at a Department
health-care facility other than at a facility designated pursuant
to subsection (b)(2), the Secretary shall ensure that each multiple
sclerosis center at a facility designated pursuant to subsection (b)(2)
is receiving adequate funding to enable that center to function
effectively in the areas of multiple sclerosis research, education,
and clinical activities.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary for the support
of the research and education activities of the centers established
pursuant to subsection (a). The Under Secretary for Health shall
allocate to such centers from other funds appropriated generally
Establishment.
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for the Department medical services account and medical and pros-
thetics research account, as appropriate, such amounts as the Under
Secretary for Health determines appropriate.
‘‘(g) AWARD COMPETITIONS.—Activities of clinical and scientific
investigation at each center established under subsection (a) shall
be eligible to compete for the award of funding from funds appro-
priated for the Department medical and prosthetics research
account. Such activities shall receive priority in the award of
funding from such account insofar as funds are awarded to projects
for research in multiple sclerosis and other neurodegenerative dis-
orders.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7328 the following new items:
‘‘7329. Parkinson’s Disease research, education, and clinical centers.
‘‘7330. Multiple sclerosis centers of excellence.’’.
(b) EFFECTIVE DATE.—Sections 7329 and 7330 of title 38, United
States Code, as added by subsection (a), shall take effect at the
end of the 30-day period beginning on the date of the enactment
of this Act.
SEC. 210. REPEAL OF TERM OF OFFICE FOR THE UNDER SECRETARY
FOR HEALTH AND THE UNDER SECRETARY FOR BENE-
FITS.
(a) UNDER SECRETARY FOR HEALTH.—
(1) IN GENERAL.—Section 305 is amended by striking sub-
section (c).
(2) CONFORMING AMENDMENT.—Subsection (d) of such sec-
tion is redesignated as subsection (c).
(b) UNDER SECRETARY FOR BENEFITS.—
(1) IN GENERAL.—Section 306 is amended by striking sub-
section (c).
(2) CONFORMING AMENDMENT.—Subsection (d) of such sec-
tion is redesignated as subsection (c).
SEC. 211. MODIFICATIONS TO STATE HOME AUTHORITIES.
(a) NURSING HOME CARE AND PRESCRIPTION MEDICATIONS IN
STATE HOMES FOR VETERANS WITH SERVICE-CONNECTED DISABIL-
ITIES.—
(1) NURSING HOME CARE.—Subchapter V of chapter 17 is
amended by adding at the end the following new section:
‘‘§ 1745. Nursing home care and medications for veterans
with service-connected disabilities
‘‘(a)(1) The Secretary shall pay each State home for nursing
home care at the rate determined under paragraph (2), in any
case in which such care is provided to any veteran as follows:
‘‘(A) Any veteran in need of such care for a service-con-
nected disability.
‘‘(B) Any veteran who—
‘‘(i) has a service-connected disability rated at 70 per-
cent or more; and
‘‘(ii) is in need of such care.
‘‘(2) The rate determined under this paragraph with respect
to a State home is the lesser of—
38 USC 305.
38 USC 7329
note.
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‘‘(A) the applicable or prevailing rate payable in the
geographic area in which the State home is located, as deter-
mined by the Secretary, for nursing home care furnished in
a non-Department nursing home (as that term is defined in
section 1720(e)(2) of this title); or
‘‘(B) a rate not to exceed the daily cost of care, as deter-
mined by the Secretary, following a report to the Secretary
by the director of the State home.
‘‘(3) Payment by the Secretary under paragraph (1) to a State
home for nursing home care provided to a veteran described in
that paragraph constitutes payment in full to the State home for
such care furnished to that veteran.’’.
(2) PROVISION OF PRESCRIPTION MEDICINES.—Such section,
as so added, is further amended by adding at the end the
following new subsection:
‘‘(b) The Secretary shall furnish such drugs and medicines
as may be ordered on prescription of a duly licensed physician
as specific therapy in the treatment of illness or injury to any
veteran as follows:
‘‘(1) Any veteran who—
‘‘(A) is not being provided nursing home care for which
payment is payable under subsection (a); and
‘‘(B) is in need of such drugs and medicines for a
service-connected disability.
‘‘(2) Any veteran who—
‘‘(A) has a service-connected disability rated at 50 per-
cent or more;
‘‘(B) is not being provided nursing home care for which
payment is payable under subsection (a); and
‘‘(C) is in need of such drugs and medicines.’’.
(3) CONFORMING AMENDMENTS.—
(A) CRITERIA
FOR
PAYMENT.—Section 1741(a)(1) is
amended by striking ‘‘The’’ and inserting ‘‘Except as pro-
vided in section 1745 of this title, the’’.
(B) ELIGIBILITY
FOR
NURSING
HOME
CARE.—Section
1710(a)(4) is amended—
(i) by striking ‘‘and’’ before ‘‘the requirement in
section 1710B of this title’’; and
(ii) by inserting ‘‘, and the requirement in section
1745 of this title to provide nursing home care and
prescription medicines to veterans with service-con-
nected disabilities in State homes’’ after ‘‘a program
of extended care services’’.
(4) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 17 is amended by inserting after the
item relating to section 1744 the following new item:
‘‘1745. Nursing home care and medications for veterans with service-connected dis-
abilities.’’.
(5) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect 90 days after the date of the enactment
of this Act.
(b) IDENTIFICATION
OF VETERANS
IN STATE HOMES.—Such
chapter is further amended—
(1) in section 1745, as added by subsection (a)(1) of this
section, by adding at the end the following new subsection:
38 USC 1710
note.
38 USC 1741.
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‘‘(c) Any State home that requests payment or reimbursement
for services provided to a veteran under this section shall provide
to the Secretary such information as the Secretary considers nec-
essary to identify each individual veteran eligible for payment under
such section.’’; and
(2) in section 1741, by adding at the end the following
new subsection:
‘‘(f) Any State home that requests payment or reimbursement
for services provided to a veteran under this section shall provide
to the Secretary such information as the Secretary considers nec-
essary to identify each individual veteran eligible for payment under
such section.’’.
(c) AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE
HOMES.—
(1) AUTHORITY.—Subchapter III of chapter 81 is amended
by adding at the end the following new section:
‘‘§ 8138. Treatment of certain health facilities as State homes
‘‘(a) The Secretary may treat a health facility (or certain beds
in a health facility) as a State home for purposes of subchapter
V of chapter 17 of this title if the following requirements are
met:
‘‘(1) The facility (or certain beds in such facility) meets
the standards for the provision of nursing home care that
are applicable to State homes, as prescribed by the Secretary
under section 8134(b) of this title, and such other standards
relating to the facility (or certain beds in such facility) as
the Secretary may require.
‘‘(2) The facility (or certain beds in such facility) is licensed
or certified by the appropriate State and local agencies charged
with the responsibility of licensing or otherwise regulating or
inspecting State home facilities.
‘‘(3) The State demonstrates in an application to the Sec-
retary that, but for the treatment of a facility (or certain
beds in such facility), as a State home under this subsection,
a substantial number of veterans residing in the geographic
area in which the facility is located who require nursing home
care will not have access to such care.
‘‘(4) The Secretary determines that the treatment of the
facility (or certain beds in such facility) as a State home best
meets the needs of veterans for nursing home care in the
geographic area in which the facility is located.
‘‘(5) The Secretary approves the application submitted by
the State with respect to the facility (or certain beds in such
facility).
‘‘(b) The Secretary may not treat a health facility (or certain
beds in a health facility) as a State home under subsection (a)
if the Secretary determines that such treatment would increase
the number of beds allocated to the State in excess of the limit
on the number of beds provided for by regulations prescribed under
section 8134(a) of this title.
‘‘(c) The number of beds occupied by veterans in a health
facility for which payment may be made under subchapter V of
chapter 17 of this title by reason of subsection (a) shall not exceed—
‘‘(1) 100 beds in the aggregate for all States; and
‘‘(2) in the case of any State, the difference between—
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(A) the number of veterans authorized to be in beds
in State homes in such State under regulations prescribed
under section 8134(a) of this title; and
‘‘(B) the number of veterans actually in beds in State
homes (other than facilities or certain beds treated as State
homes under subsection (a)) in such State under regulations
prescribed under such section.
‘‘(d) The number of beds in a health facility in a State that
has been treated as a State home under subsection (a) shall be
taken into account in determining the unmet need for beds for
State homes for the State under section 8134(d)(1) of this title.
‘‘(e) The Secretary may not treat any new health facilities
(or any new certain beds in a health facility) as a State home
under subsection (a) after September 30, 2009.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8137 the following new item:
‘‘8138. Treatment of certain health facilities as State homes.’’.
SEC. 212. OFFICE OF RURAL HEALTH.
(a) IN GENERAL.—
(1) ESTABLISHMENT
AND
FUNCTIONS.—Chapter 73 is
amended by inserting after section 7307 the following new
section:
‘‘§ 7308. Office of Rural Health
‘‘(a) ESTABLISHMENT.—There is established in the Department
within the Office of the Under Secretary for Health an office to
be known as the ‘Office of Rural Health’ (in this section referred
to as the ‘Office’).
‘‘(b) HEAD.—The Director of the Office of Rural Health shall
be the head of the Office. The Director of the Office of Rural
Health shall be appointed by the Under Secretary of Health from
among individuals qualified to perform the duties of the position.
‘‘(c) FUNCTIONS.—The functions of the Office are as follows:
‘‘(1) In cooperation with the medical, rehabilitation, health
services, and cooperative studies research programs in the
Office of Policy and the Office of Research and Development
of the Veterans Health Administration, to assist the Under
Secretary for Health in conducting, coordinating, promoting,
and disseminating research into issues affecting veterans living
in rural areas.
‘‘(2) To work with all personnel and offices of the Depart-
ment of Veterans Affairs to develop, refine, and promulgate
policies, best practices, lessons learned, and innovative and
successful programs to improve care and services for veterans
who reside in rural areas of the United States.
‘‘(3) To designate in each Veterans Integrated Service Net-
work (VISN) an individual who shall consult on and coordinate
the discharge in such Network of programs and activities of
the Office for veterans who reside in rural areas of the United
States.
‘‘(4) To perform such other functions and duties as the
Secretary or the Under Secretary for Health considers appro-
priate.’’.
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PUBLIC LAW 109–461—DEC. 22, 2006
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7307 the following new item:
‘‘7308. Office of Rural Health.’’.
(b) ASSESSMENT OF FEE-BASIS HEALTH-CARE PROGRAM.—The
Director of the Office of Rural Health shall conduct an assessment
of the effects of the implementation of the fee-basis health-care
program of the Veterans Health Administration on the delivery
of health-care services to veterans who reside in rural areas of
the United States. The assessment shall be conducted in consulta-
tion with the individuals designated under subsection (c)(3) of sec-
tion 7308 of title 38, United States Code, as added by subsection
(a). In conducting the assessment, the Director shall—
(1) identify various mechanisms for expanding the program
in order to enhance and improve health-care services for such
veterans and determine the feasibility and advisability of imple-
menting such mechanisms; and
(2) for each mechanism determined under paragraph (1)
to be feasible and advisable to implement, make recommenda-
tions to the Under Secretary for Health on the implementation
of such mechanism.
(c) PLAN TO IMPROVE ACCESS
AND QUALITY
OF CARE.—Not
later than September 30, 2007, the Director of the Office of Rural
Health shall develop a plan to improve the access and quality
of care for enrolled veterans in rural areas. The plan shall include—
(1) measures for meeting the long term care needs of rural
veterans; and
(2) measures for meeting the mental health needs of vet-
erans residing in rural areas.
(d) REPORT ON COMMUNITY-BASED OUTPATIENT CLINICS AND
ACCESS POINTS IDENTIFIED IN CARES MAY 2004 DECISION DOCU-
MENT.— Not later than March 30, 2007, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House of
Representatives a report that—
(1) identifies each of the community-based outpatient
clinics and access points identified in the May 2004 Decision
Document of Capital Asset Realignment for Enhanced Services
(CARES) that have been opened; and
(2) identifies each of the clinics and access points identified
in such report that would be opened in fiscal year 2007 or
2008 if funding were available for such purpose.
SEC. 213. OUTREACH PROGRAM TO VETERANS IN RURAL AREAS.
(a) PROGRAM.—The Secretary of Veterans Affairs shall conduct
an extensive outreach program to identify and provide information
to veterans who served in the theater of operations for Operation
Iraqi Freedom or Operation Enduring Freedom and who reside
in rural communities in order to enroll those veterans in the health-
care system of the Department of Veterans Affairs during the
period when they are eligible for such enrollment.
(b) FEATURES OF PROGRAM.—In carrying out the program under
subsection (a), the Secretary shall seek to work at the local level
with employers, State agencies, community health centers located
in rural areas, rural health clinics, and critical access hospitals
located in rural areas, and units of the National Guard and other
38 USC 6303
note.
Deadline.
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PUBLIC LAW 109–461—DEC. 22, 2006
reserve components based in rural areas, in order to increase the
awareness of veterans and their families of the availability of health
care provided by the Secretary and the means by which those
veterans can achieve access to the health-care services provided
by the Department of Veterans Affairs.
SEC. 214. PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSIST-
ANCE SERVICES.
(a) IN GENERAL.—Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall carry out a pilot program to assess the feasibility
and advisability of various mechanisms to expand and improve
caregiver assistance services.
(b) DURATION OF PILOT PROGRAM.—The pilot program required
by subsection (a) shall be carried out during the two-year period
beginning on the date of the commencement of the pilot program.
(c) CAREGIVER ASSISTANCE SERVICES.—For purposes of this sec-
tion, the term ‘‘caregiver assistance services’’ means services of
the Department of Veterans Affairs that assist caregivers of vet-
erans. Such services including the following:
(1) Adult-day health care services.
(2) Coordination of services needed by veterans, including
services for readjustment and rehabilitation.
(3) Transportation services.
(4) 
Caregiver 
support 
services, 
including 
education,
training, and certification of family members in caregiver activi-
ties.
(5) Home care services.
(6) Respite care.
(7) Hospice services.
(8) Any modalities of non-institutional long-term care.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department of Veterans Affairs $5,000,000
for each of fiscal years 2007 and 2008 to carry out the pilot program
authorized by this section.
(e) ALLOCATION OF FUNDS TO FACILITIES.—The Secretary shall
allocate funds appropriated pursuant to the authorization of appro-
priations in subsection (d) to individual medical facilities of the
Department in such amounts as the Secretary determines appro-
priate, based upon proposals submitted by such facilities for the
use of such funds for improvements to the support of the provision
of caregiver assistance services. Special consideration should be
given to rural facilities, including those without a long-term care
facility of the Department.
(f) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans’ Affairs of the Senate and the Committee on Veterans’
Affairs of the House of Representatives a report on the implementa-
tion of this section. The report shall include—
(1) a description and assessment of the activities carried
out under the pilot program;
(2) information on the allocation of funds to facilities of
the Department under subsection (e); and
(3) a description of the improvements made with funds
so allocated to the support of the provision of caregiver assist-
ance services.
Deadline.
38 USC 1710B
note.
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PUBLIC LAW 109–461—DEC. 22, 2006
SEC. 215. EXPANSION OF OUTREACH ACTIVITIES OF VET CENTERS.
(a) ADDITIONAL OUTREACH WORKERS.—The Secretary of Vet-
erans Affairs shall employ not fewer than 100 veterans for the
purpose of providing outreach to veterans on the availability of
readjustment counseling and related mental health services for
veterans under section 1712A of title 38, United States Code.
(b) CONSTRUCTION WITH CURRENT OUTREACH PROGRAM.—The
veterans employed under subsection (a) are in addition to any
veterans employed by the Secretary for the purpose described in
that subsection under the February 2004 program of the Depart-
ment of Veterans Affairs to provide outreach described in that
subsection.
(c) ASSIGNMENT TO VET CENTERS.—The Secretary may assign
any veteran employed under subsection (a) to any center for the
provision of readjustment counseling and related mental health
services under section 1712A of title 38, United States Code, that
the Secretary considers appropriate in order to meet the purpose
described in that subsection.
(d) INAPPLICABILITY AND TERMINATION OF LIMITATION ON DURA-
TION OF EMPLOYMENT.—Any limitation on the duration of employ-
ment of veterans under the program described in subsection (b)
is hereby terminated and shall not apply to veterans employed
under such program or under this section.
(e) EMPLOYMENT STATUS.—Veterans employed under subsection
(a) shall be employed in career conditional status, which is the
employment status in which veterans are employed under the pro-
gram described in subsection (b).
SEC. 216. CLARIFICATION AND ENHANCEMENT OF BEREAVEMENT
COUNSELING.
(a) CLARIFICATION OF MEMBERS OF IMMEDIATE FAMILY ELIGIBLE
FOR COUNSELING.—Subsection (b) of section 1783 is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) For purposes of this subsection, the members of the imme-
diate family of a member of the Armed Forces described in para-
graph (1) include the parents of such member.’’.
(b) PROVISION OF COUNSELING THROUGH VET CENTERS.—Such
section is further amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) PROVISION
OF COUNSELING THROUGH VET CENTERS.—
Bereavement counseling may be provided under this section through
the facilities and personnel of centers for the provision of readjust-
ment counseling and related mental health services under section
1712A of this title.’’.
SEC. 217. FUNDING FOR VET CENTER PROGRAM.
There are authorized to be appropriated to the Department
of Veterans Affairs for fiscal year 2007 $180,000,000 for the provi-
sion of readjustment counseling and related mental health services
through centers under section 1712A of title 38, United States
Code.
38 USC 1783.
38 USC 1712A
note.
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PUBLIC LAW 109–461—DEC. 22, 2006
TITLE III—EDUCATION MATTERS
SEC. 301. EXPANSION OF ELIGIBILITY FOR SURVIVORS’ AND DEPEND-
ENTS’ EDUCATIONAL ASSISTANCE PROGRAM.
(a) 
EXPANSION
OF
ELIGIBILITY.—Section 
3501(a)(1) 
is
amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘means—’’ and inserting ‘‘means any of the following:’’;
(2) in each of subparagraphs (A) through (D), by capital-
izing the first letter of the first word;
(3) in subparagraph (A)—
(A) by inserting after ‘‘a person who’’ the following:
‘‘, as a result of qualifying service’’;
(B) by striking the comma at the end of clause (i)
and inserting ‘‘; or’’;
(C) by striking ‘‘, or’’ at the end of clause (ii) and
inserting a period; and
(D) by striking clause (iii);
(4) in subparagraph (B) by striking the comma at the
end and inserting the following: ‘‘sustained during a period
of qualifying service.’’;
(5) in subparagraph (C)—
(A) by inserting ‘‘or child’’ after ‘‘the spouse’’; and
(B) by striking ‘‘, or’’ at the end and inserting a period;
(6) in subparagraph (D)—
(A) in clause (i), by inserting before the comma the
following: ‘‘sustained during a period of qualifying service’’;
and
(B) by striking the comma at the end and inserting
a period;
(7) by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) The spouse or child of a person who—
‘‘(i) at the time of the Secretary’s determination
under clause (ii), is a member of the Armed Forces
who is hospitalized or receiving outpatient medical
care, services, or treatment;
‘‘(ii) the Secretary determines has a total disability
permanent in nature incurred or aggravated in the
line of duty in the active military, naval, or air service;
and
‘‘(iii) is likely to be discharged or released from
such service for such disability.’’; and
(8) by striking ‘‘arising out of’’ and all that follows through
the end.
(b) CONFORMING AMENDMENTS TO CHAPTER 35.—Chapter 35
is amended as follows:
(1) Section 3501(a) is amended by adding at the end the
following new paragraph:
‘‘(12) The term ‘qualifying service’ means service in the
active military, naval, or air service after the beginning of
the Spanish-American War that did not terminate under dis-
honorable conditions.’’.
(2) Section 3511 is amended—
(A) in subsection (a)(1)—
38 USC 3501.
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120 STAT. 3426
PUBLIC LAW 109–461—DEC. 22, 2006
(i) by striking ‘‘Each eligible person’’ and inserting
the following: ‘‘Each eligible person, whether made
eligible by one or more of the provisions of section
3501(a)(1) of this title,’’;
(ii) by striking ‘‘a period’’ and inserting ‘‘an aggre-
gate period’’; and
(iii) by striking the second sentence;
(B) in subsection (b)—
(i) in paragraph (2)—
(I) by striking ‘‘the provisions of section
3501(a)(1)(A)(iii) or’’ and inserting ‘‘section’’; and
(II) by striking ‘‘or’’ at the end;
(ii) in paragraph (3)—
(I) by striking ‘‘section 3501(a)(1)(D)’’ and
inserting ‘‘subparagraph (D) or (E) of section
3501(a)(1)’’; and
(II) by inserting ‘‘or’’ after the comma at the
end; and
(iii) by inserting after paragraph (3) the following
new paragraph:
‘‘(4) the parent or spouse from whom such eligibility is
derived based upon subparagraph (E) of section 3501(a)(1) of
this title no longer meets a requirement under clause (i), (ii),
or (iii) of that subparagraph,’’; and
(C) by striking subsection (c).
(3) Section 3512 is amended—
(A) in subsection (a)—
(i) by striking ‘‘an eligible person (within the
meaning of section 3501(a)(1)(A) of this title)’’ and
inserting ‘‘an eligible person whose eligibility is based
on the death or disability of a parent or on a parent
being listed in one of the categories referred to in
section 3501(a)(1)(C) of this title’’; and
(ii) in paragraph (6), by striking ‘‘the provisions
of section 3501(a)(1)(A)(iii)’’ and inserting ‘‘a parent
being listed in one of the categories referred to in
section 3501(a)(1)(C)’’;
(B) in subsection (b)—
(i) in paragraph (1)(A)—
(I) by inserting after ‘‘section 3501(a)(1) of this
title’’ the following: ‘‘or a person made eligible by
the 
disability 
of 
a 
spouse 
under 
section
3501(a)(1)(E) of this title’’; and
(II) by striking ‘‘or 3501(a)(1)(D)(ii) of this
title’’ 
and 
inserting 
‘‘3501(a)(1)(D)(ii), 
or
3501(a)(1)(E) of this title’’;
(ii) in paragraph (1)(B), by adding at the end the
following new clause:
‘‘(iii) The date on which the Secretary notifies the member
of the Armed Forces from whom eligibility is derived that
the member has a total disability permanent in nature incurred
or aggravated in the line of duty in the active military, naval,
or air service.’’; and
(iii) in paragraph (2)—
(I) by striking ‘‘or (D) of this title’’ and
inserting ‘‘(D), or (E) of this title’’; and
Notification.
38 USC 3512.
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(II) by inserting ‘‘whose eligibility is based
on the death or disability of a spouse or on a
spouse being listed in one of the categories referred
to in section 3501(a)(1)(C) of this title’’ after ‘‘of
this title)’’;
(C) in subsection (d), by striking ‘‘veteran’’ and
inserting ‘‘person’’; and
(D) in subsection (e)—
(i) by inserting ‘‘based on a spouse being listed
in one of the categories referred to in section
3501(a)(1)(C) of this title’’ after ‘‘of this title’’;
(ii) by inserting ‘‘so’’ after ‘‘the spouse was’’; and
(iii) by striking ‘‘by the Secretary’’ and all that
follows through ‘‘occurs’’.
(4) Section 3540 is amended by striking ‘‘(as defined in
subparagraphs (A), (B), and (D) of section 3501(a)(1) of this
title)’’ and inserting ‘‘(other than a person made eligible under
subparagraph (C) of such section by reason of a spouse being
listed in one of the categories referred to in that subpara-
graph)’’.
(5) Section 3563 is amended by striking ‘‘each eligible per-
son defined in section 3501(a)(1)(A) of this title’’ and inserting
‘‘each eligible person whose eligibility is based on the death
or disability of a parent or on a parent being listed in one
of the categories referred to in section 3501(a)(1)(C) of this
title’’.
(c) OTHER CONFORMING AMENDMENTS.—Such title is further
amended as follows:
(1) Section 3686(a)(1) is amended by striking ‘‘or (D)’’ and
inserting ‘‘(D), or (E)’’.
(2) Section 5113(b)(3) is amended—
(A) in subparagraph (B) by striking ‘‘section 3501(a)(1)’’
and all that follows through the end and inserting the
following: ‘‘subparagraphs (A), (B), (D), and (E) of section
3501(a)(1) of this title.’’; and
(B) in subparagraph (C)—
(i) by striking ‘‘such veteran’s death’’ and inserting
‘‘the death of the person from whom such eligibility
is derived’’; and
(ii) by striking ‘‘such veteran’s service-connected
total disability permanent in nature’’ and inserting
‘‘the service-connected total disability permanent in
nature (or, in the case of a person made eligible under
section 3501(a)(1)(E), the total disability permanent
in nature incurred or aggravated in the line of duty
in the active military, naval, or air service) of the
person from whom such eligibility is derived’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to a payment of educational assistance
for a course of education pursued after the date of the enactment
of this Act.
38 USC 3501
note.
38 USC 3540.
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PUBLIC LAW 109–461—DEC. 22, 2006
SEC. 302. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS
WHO 
DISCONTINUE 
A 
PROGRAM 
OF 
EDUCATION
BECAUSE OF BEING ORDERED TO FULL-TIME NATIONAL
GUARD DUTY.
(a) RESTORATION OF ENTITLEMENT.—Section 3511(a)(2)(B)(i) is
amended by inserting after ‘‘title 10’’ the following: ‘‘or of being
involuntarily ordered to full-time National Guard duty under section
502(f) of title 32’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to a payment of educational assistance
allowance made after September 11, 2001.
SEC. 303. EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-
SPONSORED NONACCREDITED COURSES TO REQUIRE-
MENT OF REFUNDING UNUSED TUITION.
Section 3676(c)(13) is amended by striking ‘‘prior to completion’’
and all that follows and inserting the following: ‘‘before completion
and—
‘‘(A) in the case of an institution (other than (i) a
Federal, State, or local Government institution or (ii) an
institution described in subparagraph (B)), such policy pro-
vides that the amount charged to the eligible person for
tuition, fees, and other charges for a portion of the course
shall not exceed the approximate pro rata portion of the
total charges for tuition, fees, and other charges that the
length of the completed portion of the course bears to
its total length; or
‘‘(B) in the case of an institution that is a nonaccredited
public educational institution, the institution has and main-
tains a refund policy regarding the unused portion of tui-
tion, fees, and other charges that is substantially the same
as the refund policy followed by accredited public edu-
cational institutions located within the same State as such
institution.’’.
SEC. 304. EXTENSION OF WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ‘‘December 27, 2006’’
each place it appears and inserting ‘‘June 30, 2007’’.
SEC. 305. DEADLINE AND EXTENSION OF REQUIREMENT FOR REPORT
ON EDUCATIONAL ASSISTANCE PROGRAM.
(a) DEADLINE.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary
of Veterans Affairs shall each submit to Congress a report con-
taining the information specified in subsections (b) and (c) of section
3036 of title 38, United States Code.
(b) EXTENSION
OF REQUIREMENT.—Subsection (d) of section
3036 of title 38, United States Code, is amended by striking
‘‘January 1, 2005’’ and inserting ‘‘January 1, 2011’’.
SEC. 306. REPORT ON IMPROVEMENT IN ADMINISTRATION OF EDU-
CATIONAL ASSISTANCE BENEFITS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the administration of education benefits, including
benefits under chapters 30, 31, 32, 34, 35, and 36 of title 38,
United States Code, and chapters 1606 and 1607 of title 10, United
38 USC 3511
note.
38 USC 3511.
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States Code. Such report shall propose methods to streamline the
processes and procedures of administering such benefits.
SEC. 307. TECHNICAL AMENDMENTS RELATING TO EDUCATION LAWS.
Section 3485 is amended—
(1) in subsection (a)(4)(E), by inserting ‘‘or 1607’’ after
‘‘chapter 1606’’;
(2) in subsection (b), by striking ‘‘chapter 106’’ and inserting
‘‘chapter 1606 or 1607’’; and
(3) in subsection (e)(1)—
(A) by striking ‘‘services of the kind described in clauses
(A) through (E) of subsection (a)(1) of this section’’ and
inserting ‘‘a qualifying work-study activity described in sub-
section (a)(4)’’; and
(B) by striking ‘‘chapter 106’’ and inserting ‘‘chapter
1606 or 1607’’.
TITLE IV—NATIONAL CEMETERY AND
MEMORIAL AFFAIRS MATTERS
SEC. 401. PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR
MARKERS 
AND 
MEMORIAL 
INSCRIPTIONS 
FOR
DECEASED 
DEPENDENT 
CHILDREN 
OF 
VETERANS
WHOSE REMAINS ARE UNAVAILABLE FOR BURIAL.
(a) PROVISION OF MEMORIAL HEADSTONES OR MARKERS.—Sub-
section (b) of section 2306 is amended—
(1) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(C) An eligible dependent child of a veteran.’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) For purposes of this section, the term ‘eligible dependent
child’ means a child—
‘‘(A) who is under 21 years of age, or under 23 years
of age if pursuing a course of instruction at an approved edu-
cational institution; or
‘‘(B) who is unmarried and became permanently physically
or mentally disabled and incapable of self-support before
reaching 21 years of age, or before reaching 23 years of age
if pursuing a course of instruction at an approved educational
institution.’’.
(b) ADDITION
OF MEMORIAL INSCRIPTION
TO HEADSTONE
OR
MARKER OF VETERAN.—Subsection (f) of such section is amended
by inserting ‘‘or eligible dependent child’’ after ‘‘surviving spouse’’
both places it appears.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply with respect to individuals dying after
the date of the enactment of this Act.
SEC. 402. PROVISION OF GOVERNMENT MARKERS FOR MARKED
GRAVES OF VETERANS AT PRIVATE CEMETERIES.
(a) EXTENSION
OF AUTHORITY.—Paragraph (3) of subsection
(d) of section 2306 is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
(b) PROVISION OF HEADSTONE OR MARKER.—
(1) IN GENERAL.—Such subsection is further amended—
(A) in paragraph (1)—
38 USC 2306
note.
38 USC 3485.
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(i) in the first sentence, by striking ‘‘Government
marker’’ and inserting ‘‘Government headstone or
marker’’; and
(ii) in the second sentence, by inserting ‘‘headstone
or’’ before ‘‘marker’’ each place it appears; and
(B) in paragraph (2), by inserting ‘‘headstone or’’ before
‘‘marker’’.
(2) CONFORMING AMENDMENT.—Subsection (g)(3) of such
section is amended by inserting ‘‘headstone or’’ before ‘‘marker’’.
(c) PLACEMENT OF HEADSTONE OR MARKER.—The second sen-
tence of subsection (d)(1) of such section, as amended by subsection
(b)(1)(A)(ii), is further amended by inserting before the period the
following: ‘‘, or, if placement on the grave is impossible or impracti-
cable, as close as possible to the grave within the grounds of
the cemetery in which the grave is located’’.
(d) DELIVERY OF HEADSTONE OR MARKER.—Subsection (d)(2)
of such section, as amended by subsection (b)(1)(B), is further
amended by inserting before the period the following: ‘‘or to a
receiving agent for delivery to the cemetery’’.
(e) REPEAL OF OBSOLETE REPORT REQUIREMENT.—Subsection
(d) of such section is further amended by striking paragraph (4).
(f) SCOPE
OF HEADSTONES
AND MARKERS FURNISHED.—Sub-
section (d) of such section is further amended by inserting after
paragraph (3) the following new paragraph (4):
‘‘(4) The headstone or marker furnished under this subsection
shall be the headstone or marker selected by the individual making
the request from among all the headstones and markers made
available by the Government for selection.’’.
SEC. 403. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR
GRANTS FOR THE ESTABLISHMENT OF VETERANS CEME-
TERIES ON TRUST LANDS.
Section 2408 is amended by adding at the end the following
new subsection:
‘‘(f)(1) The Secretary may make grants under this subsection
to any tribal organization to assist the tribal organization in estab-
lishing, expanding, or improving veterans’ cemeteries on trust land
owned by, or held in trust for, the tribal organization.
‘‘(2) Grants under this subsection shall be made in the same
manner, and under the same conditions, as grants to States are
made under the preceding provisions of this section.
‘‘(3) For purposes of this subsection:
‘‘(A) The term ‘tribal organization’ has the meaning given
that term in section 3765(4) of this title.
‘‘(B) The term ‘trust land’ has the meaning given that
term in section 3765(1) of this title.’’.
SEC. 404. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM
ARLINGTON NATIONAL CEMETERY.
(a) REMOVAL OF REMAINS.—The Secretary of the Army shall
remove the remains of Russell Wayne Wagner from Arlington
National Cemetery.
(b) NOTIFICATION OF NEXT-OF-KIN.—The Secretary of the Army
shall—
(1) notify the next-of-kin of record for Russell Wayne
Wagner of the impending removal of his remains; and
(2) upon removal, relinquish the remains to the next-of-
kin of record for Russell Wayne Wagner or, if the next-of-
38 USC 2408.
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kin of record for Russell Wayne Wagner is unavailable, arrange
for an appropriate disposition of the remains.
TITLE V—HOUSING AND SMALL
BUSINESS MATTERS
SEC. 501. RESIDENTIAL COOPERATIVE HOUSING UNITS.
(a) HOUSING BENEFITS FOR COOPERATIVE HOUSING UNITS.—
Subsection (a) of section 3710 is amended by inserting after para-
graph (11) the following new paragraph:
‘‘(12) With respect to a loan guaranteed after the date
of the enactment of this paragraph and before the date that
is five years after that date, to purchase stock or membership
in a cooperative housing corporation for the purpose of entitling
the veteran to occupy for dwelling purposes a single family
residential unit in a development, project, or structure owned
or leased by such corporation, in accordance with subsection
(h).’’.
(b) CONDITIONS
OF
HOUSING
BENEFITS
FOR
COOPERATIVE
HOUSING UNITS.—Such section is further amended by adding at
the end the following new subsection:
‘‘(h)(1) A loan may not be guaranteed under subsection (a)(12)
unless—
‘‘(A) the development, project, or structure of the coopera-
tive housing corporation complies with such criteria as the
Secretary prescribes in regulations; and
‘‘(B) the dwelling unit that the purchase of stock or mem-
bership in the development, project, or structure of the coopera-
tive housing corporation entitles the purchaser to occupy is
a single family residential unit.
‘‘(2) In this subsection, the term ‘cooperative housing corpora-
tion’ has the meaning given such term in section 216(b)(1) of the
Internal Revenue Code of 1986.
‘‘(3) When applying the term ‘value of the property’ to a loan
guaranteed under subsection (a)(12), such term means the appraised
value of the stock or membership entitling the purchaser to the
permanent occupancy of the dwelling unit in the development,
project, or structure of the cooperative housing corporation.’’.
SEC. 502. DEPARTMENT OF VETERANS AFFAIRS GOALS FOR PARTICI-
PATION BY SMALL BUSINESSES OWNED AND CON-
TROLLED BY VETERANS IN PROCUREMENT CONTRACTS.
(a) GOALS.—
(1) IN GENERAL.—Subchapter II of chapter 81 is amended
by adding at the end the following new section:
‘‘§ 8127. Small business concerns owned and controlled by
veterans: contracting goals and preferences
‘‘(a) CONTRACTING GOALS.—(1) In order to increase contracting
opportunities for small business concerns owned and controlled
by veterans and small business concerns owned and controlled
by veterans with service-connected disabilities, the Secretary shall—
‘‘(A) establish a goal for each fiscal year for participation
in Department contracts (including subcontracts) by small busi-
ness concerns owned and controlled by veterans who are not
38 USC 3710.
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veterans with service-connected disabilities in accordance with
paragraph (2); and
‘‘(B) establish a goal for each fiscal year for participation
in Department contracts (including subcontracts) by small busi-
ness concerns owned and controlled by veterans with service-
connected disabilities in accordance with paragraph (3).
‘‘(2) The goal for a fiscal year for participation under paragraph
(1)(A) shall be determined by the Secretary.
‘‘(3) The goal for a fiscal year for participation under paragraph
(1)(B) shall be not less than the Government-wide goal for that
fiscal year for participation by small business concerns owned and
controlled by veterans with service-connected disabilities under sec-
tion 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)).
‘‘(4) The Secretary shall establish a review mechanism to ensure
that, in the case of a subcontract of a Department contract that
is counted for purposes of meeting a goal established pursuant
to this section, the subcontract was actually awarded to a business
concern that may be counted for purposes of meeting that goal.
‘‘(b) USE OF NONCOMPETITIVE PROCEDURES FOR CERTAIN SMALL
CONTRACTS.—For purposes of meeting the goals under subsection
(a), and in accordance with this section, in entering into a contract
with a small business concern owned and controlled by veterans
for an amount less than the simplified acquisition threshold (as
defined in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403)), a contracting officer of the Department may
use procedures other than competitive procedures.
‘‘(c) SOLE SOURCE CONTRACTS
FOR CONTRACTS ABOVE SIM-
PLIFIED ACQUISITION THRESHOLD.—For purposes of meeting the
goals under subsection (a), and in accordance with this section,
a contracting officer of the Department may award a contract to
a small business concern owned and controlled by veterans using
procedures other than competitive procedures if—
‘‘(1) such concern is determined to be a responsible source
with respect to performance of such contract opportunity;
‘‘(2) the anticipated award price of the contract (including
options) will exceed the simplified acquisition threshold (as
defined in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403)) but will not exceed $5,000,000; and
‘‘(3) in the estimation of the contracting officer, the contract
award can be made at a fair and reasonable price that offers
best value to the United States.
‘‘(d) USE
OF RESTRICTED COMPETITION.—Except as provided
in subsections (b) and (c), for purposes of meeting the goals under
subsection (a), and in accordance with this section, a contracting
officer of the Department shall award contracts on the basis of
competition restricted to small business concerns owned and con-
trolled by veterans if the contracting officer has a reasonable
expectation that two or more small business concerns owned and
controlled by veterans will submit offers and that the award can
be made at a fair and reasonable price that offers best value
to the United States.
‘‘(e) ELIGIBILITY OF SMALL BUSINESS CONCERNS.—A small busi-
ness concern may be awarded a contract under this section only
if the small business concern and the veteran owner of the small
business concern are listed in the database of veteran-owned
businesses maintained by the Secretary under subsection (f).
Review.
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‘‘(f) DATABASE OF VETERAN-OWNED BUSINESSES.—(1) Subject
to paragraphs (2) through (6), the Secretary shall maintain a data-
base of small business concerns owned and controlled by veterans
and the veteran owners of such business concerns.
‘‘(2) To be eligible for inclusion in the database, such a veteran
shall submit to the Secretary such information as the Secretary
may require with respect to the small business concern or the
veteran.
‘‘(3) Information maintained in the database shall be submitted
on a voluntary basis by such veterans.
‘‘(4) In maintaining the database, the Secretary shall carry
out at least the following two verification functions:
‘‘(A) Verification that each small business concern listed
in the database is owned and controlled by veterans.
‘‘(B) In the case of a veteran who indicates a service-
connected disability, verification of the service-disabled status
of such veteran.
‘‘(5) The Secretary shall make the database available to all
Federal departments and agencies and shall notify each such
department and agency of the availability of the database.
‘‘(6) If the Secretary determines that the public dissemination
of certain types of information maintained in the database is
inappropriate, the Secretary shall take such steps as are necessary
to maintain such types of information in a secure and confidential
manner.
‘‘(g) ENFORCEMENT PENALTIES FOR MISREPRESENTATION.—Any
business concern that is determined by the Secretary to have mis-
represented the status of that concern as a small business concern
owned and controlled by veterans or as a small business concern
owned and controlled by service-disabled veterans for purposes of
this subsection shall be debarred from contracting with the Depart-
ment for a reasonable period of time, as determined by the Sec-
retary.
‘‘(h) TREATMENT OF BUSINESSES AFTER DEATH OF VETERAN-
OWNER.—(1) Subject to paragraph (3), if the death of a veteran
causes a small business concern to be less than 51 percent owned
by one or more veterans, the surviving spouse of such veteran
who acquires ownership rights in such small business concern shall,
for the period described in paragraph (2), be treated as if the
surviving spouse were that veteran for the purpose of maintaining
the status of the small business concern as a small business concern
owned and controlled by veterans.
‘‘(2) The period referred to in paragraph (1) is the period begin-
ning on the date on which the veteran dies and ending on the
earliest of the following dates:
‘‘(A) The date on which the surviving spouse remarries.
‘‘(B) The date on which the surviving spouse relinquishes
an ownership interest in the small business concern.
‘‘(C) The date that is ten years after the date of the vet-
eran’s death.
‘‘(3) Paragraph (1) only applies to a surviving spouse of a
veteran with a service-connected disability rated as 100 percent
disabling or who dies as a result of a service-connected disability.
‘‘(i) PRIORITY FOR CONTRACTING PREFERENCES.—Preferences for
awarding contracts to small business concerns shall be applied
in the following order of priority:
Applicability.
Notification.
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‘‘(1) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by veterans
with service-connected disabilities.
‘‘(2) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by veterans
that are not covered by paragraph (1).
‘‘(3) Contracts awarded pursuant to—
‘‘(A) section 8(a) of the Small Business Act (15 U.S.C.
637(a)); or
‘‘(B) section 31 of such Act (15 U.S.C. 657a).
‘‘(4) Contracts awarded pursuant to any other small busi-
ness contracting preference.
‘‘(j) ANNUAL REPORTS.—Not later than December 31 each year,
the Secretary shall submit to Congress a report on small business
contracting during the fiscal year ending in such year. Each report
shall include, for the fiscal year covered by such report, the fol-
lowing:
‘‘(1) The percentage of the total amount of all contracts
awarded by the Department during that fiscal year that were
awarded to small business concerns owned and controlled by
veterans.
‘‘(2) The percentage of the total amount of all such contracts
awarded to small business concerns owned and controlled by
veterans with service-connected disabilities.
‘‘(3) The percentage of the total amount of all contracts
awarded by each Administration of the Department during
that fiscal year that were awarded to small business concerns
owned and controlled by veterans.
‘‘(4) The percentage of the total amount of all contracts
awarded by each such Administration during that fiscal year
that were awarded to small business concerns owned and con-
trolled by veterans with service-connected disabilities.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) The term ‘small business concern’ has the meaning
given that term under section 3 of the Small Business Act
(15 U.S.C. 632).
‘‘(2) The term ‘small business concern owned and controlled
by veterans’ means a small business concern—
‘‘(A)(i) not less than 51 percent of which is owned
by one or more veterans or, in the case of a publicly
owned business, not less than 51 percent of the stock
of which is owned by one or more veterans; and
‘‘(ii) the management and daily business operations
of which are controlled by one or more veterans; or
‘‘(B) not less than 51 percent of which is owned by
one or more veterans with service-connected disabilities
that are permanent and total who are unable to manage
the daily business operations of such concern or, in the
case of a publicly owned business, not less than 51 percent
of the stock of which is owned by one or more such vet-
erans.’’.
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(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8126 the following new item:
‘‘8127. Small business concerns owned and controlled by veterans: contracting goals
and preferences.’’.
(b) TRANSITION RULE.—A small business concern that is listed
in any small business database maintained by the Secretary of
Veterans Affairs on the date of the enactment of this Act shall
be presumed to be eligible for inclusion in the database under
subsection (f) of section 8127 of title 38, United States Code, as
added by subsection (a), during the period beginning on the effective
date of that section and ending one year after such effective date.
Such a small business concern may be removed from the database
during that period if it is found not to be a small business concern
owned and controlled by veterans (as defined in subsection (k)
of such section).
(c) COMPTROLLER GENERAL STUDY AND REPORT.—
(1) STUDY REQUIRED.—During the first three fiscal years
for which this section is in effect, the Comptroller General
shall conduct a study on the efforts made by the Secretary
of Veterans Affairs to meet the contracting goals established
pursuant to section 8127 of title 38, United States Code, as
added by subsection (a).
(2) INFORMATION TO CONGRESS ON STUDY.—On or before
January 31 of each year during which the Comptroller General
conducts the study under paragraph (1), the Comptroller Gen-
eral shall brief Congress on such study, placing special
emphasis on any structural or organizational issues within
the Department of Veterans Affairs that might act as an
impediment to reaching such contracting goals.
(3) REPORT.—Not later than 180 days after the end of
the three-year period during which the Comptroller General
conducts the study under paragraph (1), the Comptroller Gen-
eral shall submit to Congress a report on the findings of such
study.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date that is 180 days
after the date of the enactment of this Act.
SEC. 503. DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PRI-
ORITY FOR VETERAN-OWNED SMALL BUSINESSES.
(a) PRIORITY FOR VETERAN-OWNED SMALL BUSINESSES.—
(1) IN GENERAL.—Subchapter II of chapter 81, as amended
by section 502 of this Act, is further amended by adding at
the end the following new section:
‘‘§ 8128. Small business concerns owned and controlled by
veterans: contracting priority
‘‘(a) CONTRACTING PRIORITY.—In procuring goods and services
pursuant to a contracting preference under this title or any other
provision of law, the Secretary shall give priority to a small business
concern owned and controlled by veterans, if such business concern
also meets the requirements of that contracting preference.
‘‘(b) DEFINITION.—For purposes of this section, the term ‘small
business concern owned and controlled by veterans’ means a small
38 USC 8127
note.
38 USC 8127
note.
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business concern that is included in the small business database
maintained by the Secretary under section 8127(f) of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter, as so amended, is further amended
by inserting after the item relating to section 8127 the following
new item:
‘‘8128. Small business concerns owned and controlled by veterans: contracting pri-
ority.’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date that is 180 days
after the date of the enactment of this Act.
TITLE VI—EMPLOYMENT AND
TRAINING MATTERS
SEC. 601. TRAINING OF NEW DISABLED VETERANS’ OUTREACH PRO-
GRAM SPECIALISTS AND LOCAL VETERANS’ EMPLOY-
MENT REPRESENTATIVES BY NVTI REQUIRED.
(a) TRAINING REQUIRED.—Section 4102A(c) is amended by
adding at the end the following new paragraph:
‘‘(8)(A) As a condition of a grant or contract under which funds
are made available to a State in order to carry out section 4103A
or 4104 of this title, the Secretary shall require the State to require
each employee hired by the State who is assigned to perform the
duties of a disabled veterans’ outreach program specialist or a
local veterans’ employment representative under this chapter to
satisfactorily complete training provided by the National Veterans’
Employment and Training Services Institute during the three-year
period that begins on the date on which the employee is so assigned.
‘‘(B) For any employee described in subparagraph (A) who does
not complete such training during such period, the Secretary may
reduce by an appropriate amount the amount made available to
the State employing that employee.
‘‘(C) The Secretary may establish such reasonable exceptions
to the completion of training otherwise required under subpara-
graph (A) as the Secretary considers appropriate.’’.
(b) 
SUBMISSION
OF
EMPLOYEE
TRAINING
INFORMATION
REQUIRED.—Section 4102A(c)(2)(A) is amended—
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new clause
(iii):
‘‘(iii) For each employee of the State who is assigned to
perform the duties of a disabled veterans’ outreach program
specialist or a local veterans’ employment representative under
this chapter—
‘‘(I) the date on which the employee is so assigned;
and
‘‘(II) whether the employee has satisfactorily completed
such training by the National Veterans’ Employment and
Training Services Institute as the Secretary requires for
purposes of paragraph (8).’’.
(c) APPLICABILITY.—Paragraph (8) of section 4102A(c) of title
38, United States Code, as added by subsection (a), and clause
(iii) of section 4102A(c)(2)(A) of such title, as added by subsection
38 USC 4102A
note.
38 USC 4102A.
38 USC 8128
note.
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(b), shall apply with respect to a State employee assigned to perform
the duties of a disabled veterans’ outreach program specialist or
a local veterans’ employment representative under chapter 41 of
such title who is so assigned on or after January 1, 2006.
SEC. 602. RULES FOR PART-TIME EMPLOYMENT FOR DISABLED VET-
ERANS’ OUTREACH PROGRAM SPECIALISTS AND LOCAL
VETERANS’ EMPLOYMENT REPRESENTATIVES.
(a) DISABLED VETERANS’ OUTREACH PROGRAM SPECIALISTS.—
Section 4103A is amended by adding at the end the following
new subsection:
‘‘(c) PART-TIME EMPLOYEES.—A part-time disabled veterans’
outreach program specialist shall perform the functions of a disabled
veterans’ outreach program specialist under this section on a half-
time basis.’’.
(b) LOCAL VETERANS’ EMPLOYMENT REPRESENTATIVES.—Section
4104 is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) PART-TIME
EMPLOYEES.—A part-time local veterans’
employment representative shall perform the functions of a local
veterans’ employment representative under this section on a half-
time basis.’’.
(c) EFFECTIVE DATE.—Section 4103A(c) of title 38, United States
Code, as added by subsection (a), and section 4104(d) of such
title, as amended by subsection (b), shall apply with respect to
pay periods beginning after the date that is 180 days after the
date of the enactment of this Act.
SEC. 603. PERFORMANCE INCENTIVE AWARDS FOR EMPLOYMENT
SERVICE OFFICES.
(a) PROVISION
OF
INCENTIVES
TO
EMPLOYMENT
SERVICE
OFFICES.—Section 4112 is amended—
(1) in subsection (a)(1)(B), by inserting ‘‘and employment
service offices’’ after ‘‘recognize eligible employees’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2)—
(i) by striking ‘‘is’’ and inserting ‘‘in the case of
such an award made to an eligible employee, shall
be’’; and
(ii) by striking the period at the end and inserting
the following: ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) in the case of such an award made to an employment
service office, may be used by that employment service office
for any purpose.’’.
(b) CONFORMING AMENDMENT.—The heading for subsection (c)
of such section is amended to read as follows: ‘‘ADMINISTRATION
AND USE OF AWARDS.—’’.
SEC. 604. DEMONSTRATION PROJECT ON CREDENTIALING AND LICEN-
SURE OF VETERANS.
(a) ESTABLISHMENT OF DEMONSTRATION PROJECT.—
(1) IN
GENERAL.—Chapter 41 is amended by adding at
the end the following new section:
38 USC 4103A
note.
38 USC 4103A.
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‘‘§ 4114. Credentialing and licensure of veterans: demonstra-
tion project
‘‘(a) DEMONSTRATION
PROJECT
AUTHORIZED.—The Assistant
Secretary for Veterans’ Employment and Training may carry out
a demonstration project on credentialing in accordance with this
section for the purpose of facilitating the seamless transition of
members of the Armed Forces from service on active duty to civilian
employment.
‘‘(b) IDENTIFICATION OF MILITARY OCCUPATIONAL SPECIALTIES
AND ASSOCIATED CREDENTIALS AND LICENSES.—(1) The Assistant
Secretary shall select not less than 10 military occupational special-
ties for purposes of the demonstration project. Each specialty so
selected by the Assistant Secretary shall require a skill or set
of skills that is required for civilian employment in an industry
with high growth or high worker demand.
‘‘(2) The Assistant Secretary shall consult with appropriate
Federal, State, and industry officials to identify requirements for
credentials, certifications, and licenses that require a skill or set
of skills required by a military occupational specialty selected under
paragraph (1).
‘‘(3) The Assistant Secretary shall analyze the requirements
identified under paragraph (2) to determine which requirements
may be satisfied by the skills, training, or experience acquired
by members of the Armed Forces with the military occupational
specialties selected under paragraph (1).
‘‘(c) ELIMINATION OF BARRIERS TO CREDENTIALING AND LICEN-
SURE.—The Assistant Secretary shall cooperate with appropriate
Federal, State, and industry officials to reduce or eliminate any
barriers to providing a credential, certification, or license to a
veteran who acquired any skill, training, or experience while serving
as a member of the Armed Forces with a military occupational
specialty selected under subsection (b)(1) that satisfies the Federal
and State requirements for the credential, certification, or license.
‘‘(d) TASK FORCE.—The Assistant Secretary may establish a
task force of individuals with appropriate expertise to provide assist-
ance to the Assistant Secretary in carrying out this section.
‘‘(e) CONSULTATION.—In carrying out this section, the Assistant
Secretary shall consult with the Secretary of Defense, the Secretary
of Veterans Affairs, appropriate Federal and State officials, private-
sector employers, labor organizations, and industry trade associa-
tions.
‘‘(f) CONTRACT AUTHORITY.—For purposes of carrying out any
part of the demonstration project under this section, the Assistant
Secretary may enter into a contract with a public or private entity
with appropriate expertise.
‘‘(g) PERIOD OF PROJECT.—The period during which the Assist-
ant Secretary may carry out the demonstration project under this
section shall be the period beginning on the date that is 60 days
after the date of the enactment of the Veterans Benefits, Health
Care, and Information Technology Act of 2006 and ending on Sep-
tember 30, 2009.
‘‘(h) FUNDING.—The Assistant Secretary may carry out the dem-
onstration project under this section utilizing unobligated funds
that are appropriated in accordance with the authorization set
forth in section 4106 of this title.’’.
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(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘4114. Credentialing and licensure of veterans: demonstration project.’’.
(b) MEMBERSHIP
OF
ADVISORY
COMMITTEE
ON
VETERANS
EMPLOYMENT, TRAINING, 
AND
EMPLOYER
OUTREACH.—Section
4110(c)(1)(A) is amended—
(1) by striking ‘‘Six’’ and inserting ‘‘Seven’’; and
(2) by adding at the end the following new clause:
‘‘(vii) The National Governors Association.’’.
SEC. 605. DEPARTMENT OF LABOR IMPLEMENTATION OF REGULA-
TIONS FOR PRIORITY OF SERVICE.
Not later than two years after the date of the enactment
of this Act, the Secretary of Labor shall prescribe regulations to
implement section 4215 of title 38, United States Code.
TITLE VII—HOMELESS VETERANS
ASSISTANCE
SEC. 701. REAFFIRMATION OF NATIONAL GOAL TO END HOMELESS-
NESS AMONG VETERANS.
(a) REAFFIRMATION.—Congress reaffirms the national goal to
end chronic homelessness among veterans within a decade of the
enactment of the Homeless Veterans Comprehensive Assistance
Act of 2001 (Public Law 107–95; 115 Stat. 903).
(b) REAFFIRMATION
OF
ENCOURAGEMENT
OF
COOPERATIVE
EFFORTS.—Congress reaffirms its encouragement, as specified in
the Homeless Veterans Comprehensive Assistance Act of 2001
(Public Law 107–95; 115 Stat. 903), that all departments and agen-
cies of the Federal, State, and local governments, quasi-govern-
mental organizations, private and public sector entities, including
community-based organizations, faith-based organizations, and
individuals, work cooperatively to end chronic homelessness among
veterans.
SEC. 702. SENSE OF CONGRESS ON THE RESPONSE OF THE FEDERAL
GOVERNMENT TO THE NEEDS OF HOMELESS VETERANS.
It is the sense of Congress that—
(1) homelessness is a significant problem in the veterans
community and veterans are disproportionately represented
among the homeless population;
(2) while many effective programs assist homeless veterans
to become, once again, productive and self-sufficient members
of their communities and society, all the essential services,
assistance, and support that homeless veterans require are
not currently provided;
(3) federally funded programs for homeless veterans should
be held accountable for achieving clearly defined results;
(4) Federal efforts to assist homeless veterans should
include prevention of homelessness;
(5) Federal efforts regarding homeless veterans should be
particularly vigorous where women veterans have minor chil-
dren in their care;
38 USC 2001
note.
Deadline.
38 USC 4215
note.
38 USC 4110.
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(6) Federal agencies, particularly the Department of Vet-
erans Affairs, the Department of Labor, and the Department
of Housing and Urban Development, should cooperate more
fully to address the problem of homelessness among veterans;
and
(7) the programs reauthorized by this title provide impor-
tant housing and services to homeless veterans.
SEC. 703. AUTHORITY TO MAKE GRANTS FOR COMPREHENSIVE
SERVICE PROGRAMS FOR HOMELESS VETERANS.
(a) PERMANENT AUTHORITY.—Section 2011(a) is amended—
(1) by striking paragraph (2); and
(2) in paragraph (1)—
(A) by striking ‘‘(1)’’; and
(B) by redesignating subparagraphs (A) through (D)
as paragraphs (1) through (4), respectively.
(b) AUTHORIZATION OF APPROPRIATIONS.—The text of section
2013 is amended to read as follows: ‘‘There is authorized to be
appropriated to carry out this subchapter $130,000,000 for fiscal
year 2007 and each fiscal year thereafter.’’.
SEC. 704. EXTENSION OF TREATMENT AND REHABILITATION FOR SERI-
OUSLY MENTALLY ILL AND HOMELESS VETERANS.
(a) EXTENSION OF AUTHORITY FOR GENERAL TREATMENT.—Sec-
tion 2031(b) is amended by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2011’’.
(b) EXTENSION OF AUTHORITY FOR ADDITIONAL SERVICES.—Sec-
tion 2033(d) is amended by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2011’’.
SEC. 705. EXTENSION OF AUTHORITY FOR TRANSFER OF PROPERTIES
OBTAINED THROUGH FORECLOSURE OF HOME MORT-
GAGES.
Section 2041(c) is amended by striking ‘‘December 31, 2008’’
and inserting ‘‘December 31, 2011’’.
SEC. 706. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOME-
LESS VETERANS WITH SPECIAL NEEDS.
Section 2061(c)(1) is amended—
(1) by striking ‘‘Medical Care’’ and inserting ‘‘Medical Serv-
ices’’; and
(2) by striking ‘‘fiscal years 2003, 2004, and 2005’’ and
inserting ‘‘fiscal years 2007 through 2011’’.
SEC. 707. EXTENSION OF FUNDING FOR HOMELESS VETERAN SERVICE
PROVIDER TECHNICAL ASSISTANCE PROGRAM.
Subsection (b) of section 2064 is amended to read as follows:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $1,000,000 for each of fiscal years 2007 through
2012 to carry out the program under this section.’’.
SEC. 708. ADDITIONAL ELEMENT IN ANNUAL REPORT ON ASSISTANCE
TO HOMELESS VETERANS.
Section 2065(b) is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new para-
graph (5):
38 USC 2011.
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‘‘(5) Information on the efforts of the Secretary to coordinate
the delivery of housing and services to homeless veterans with
other Federal departments and agencies, including—
‘‘(A) the Department of Defense;
‘‘(B) the Department of Health and Human Services;
‘‘(C) the Department of Housing and Urban Develop-
ment;
‘‘(D) the Department of Justice;
‘‘(E) the Department of Labor;
‘‘(F) the Interagency Council on Homelessness;
‘‘(G) the Social Security Administration; and
‘‘(H) any other Federal department or agency with
which the Secretary coordinates the delivery of housing
and services to homeless veterans.’’.
SEC. 709. ADVISORY COMMITTEE ON HOMELESS VETERANS.
(a) ADDITIONAL EX OFFICIO MEMBERS.—Subsection (a)(3) of sec-
tion 2066 is amended by adding at the end the following new
subparagraphs:
‘‘(E) The Executive Director of the Interagency Council
on Homelessness (or a representative of the Executive Director).
‘‘(F) The Under Secretary for Health (or a representative
of the Under Secretary after consultation with the Director
of the Office of Homeless Veterans Programs).
‘‘(G) The Under Secretary for Benefits (or a representative
of the Under Secretary after consultation with the Director
of the Office of Homeless Veterans Programs).’’.
(b) EXTENSION.—Subsection (d) of such section is amended by
striking ‘‘December 31, 2006’’ and inserting ‘‘December 30, 2011’’.
SEC. 710. RENTAL ASSISTANCE VOUCHERS FOR VETERANS AFFAIRS
SUPPORTED HOUSING PROGRAM.
Section (8)(o)(19)(B) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)(B)) is amended to read as follows:
‘‘(B) AMOUNT.—The amount specified in this subpara-
graph is—
‘‘(i) for fiscal year 2007, the amount necessary
to provide 500 vouchers for rental assistance under
this subsection;
‘‘(ii) for fiscal year 2008, the amount necessary
to provide 1,000 vouchers for rental assistance under
this subsection;
‘‘(iii) for fiscal year 2009, the amount necessary
to provide 1,500 vouchers for rental assistance under
this subsection;
‘‘(iv) for fiscal year 2010, the amount necessary
to provide 2,000 vouchers for rental assistance under
this subsection; and
‘‘(v) for fiscal year 2011, the amount necessary
to provide 2,500 vouchers for rental assistance under
this subsection.’’.
38 USC 2066.
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PUBLIC LAW 109–461—DEC. 22, 2006
TITLE VIII—CONSTRUCTION MATTERS
Subtitle A—Construction and Lease
Authorities
SEC. 801. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY PROJECTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs may carry
out the following major medical facility projects in fiscal year 2006,
with each project to be carried out in the amount specified for
that project:
(1) Restoration, new construction or replacement of the
medical center facility for the Department of Veterans Affairs
Medical Center, New Orleans, Louisiana, due to damage from
Hurricane Katrina in an amount not to exceed $300,000,000.
The Secretary is authorized to carry out the project in or
near New Orleans as a collaborative effort consistent with
the New Orleans Collaborative Opportunities Study Group
Report dated June 12, 2006.
(2) Restoration of the Department of Veterans Affairs Med-
ical Center, Biloxi, Mississippi, and consolidation of services
performed at the Department of Veterans Affairs Medical
Center, Gulfport, Mississippi, in an amount not to exceed
$310,000,000.
(3) Replacement of the Department of Veterans Affairs
Medical Center, Denver, Colorado, in an amount not to exceed
$98,000,000.
(b) REPORT ON REPLACEMENT OF DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER, DENVER, COLORADO.—Not later than
180 days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of
the House of Representatives a report identifying and outlining
the various options available to the Department of Veterans Affairs
for replacing the current Department of Veterans Affairs Medical
Center, Denver, Colorado. The report shall include the following:
(1) The feasibility of entering into a partnership with a
Federal, State, or local governmental agency, or a suitable
non-profit organization, for the construction and operation of
a new facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations regarding
any statutory changes necessary for the Department of Vet-
erans Affairs to carry out any of the options identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
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SEC. 802. EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR MED-
ICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY
AUTHORIZED IN CONNECTION WITH CAPITAL ASSET
REALIGNMENT INITIATIVE.
The Secretary of Veterans Affairs may carry out the following
major medical facility projects, with each such project to be carried
out in the amount specified for that project:
(1) Construction of an outpatient clinic and regional office
at the Department of Veterans Affairs Medical Center, Anchor-
age, Alaska, in an amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions
of the Department of Veterans Affairs Medical Center, Cleve-
land, Ohio, and the Department of Veterans Affairs Medical
Center in Brecksville, Ohio, in an amount not to exceed
$102,300,000.
(3) Construction of the Extended Care Building at the
Department of Veterans Affairs Medical Center, Des Moines,
Iowa, in an amount not to exceed $25,000,000.
(4) Renovation of patient wards at the Department of Vet-
erans Affairs Medical Center, Durham, North Carolina, in an
amount not to exceed $9,100,000.
(5) Correction of patient privacy deficiencies at the Depart-
ment of Veterans Affairs Medical Center, Gainesville, Florida,
in an amount not to exceed $85,200,000.
(6) 7th and 8th floor wards modernization addition at the
Department of Veterans Affairs Medical Center, Indianapolis,
Indiana, in an amount not to exceed $27,400,000.
(7) Construction of a new Medical Center Facility at the
Department of Veterans Affairs Medical Center, Las Vegas,
Nevada, in an amount not to exceed $406,000,000.
(8) Construction of an ambulatory surgery/outpatient diag-
nostic support center in the Gulf South Submarket of Veterans
Integrated Service Network (VISN) 8 and completion of Phase
I land purchase, Lee County, Florida, in an amount not to
exceed $65,100,000.
(9) Seismic corrections, Buildings 7 and 126 at the Depart-
ment of Veterans Affairs Medical Center, Long Beach, Cali-
fornia, in an amount not to exceed $107,845,000.
(10) Seismic Corrections, Buildings 500 and 501 at the
Department of Veterans Affairs Medical Center, Los Angeles,
California, in an amount not to exceed $79,900,000.
(11) Construction of a new medical center facility in the
Orlando, Florida, area in an amount not to exceed $377,700,000.
(12) Consolidation of campuses at the University Drive
and H. John Heinz III divisions, Pittsburgh, Pennsylvania,
in an amount not to exceed $189,205,000.
(13) Ward upgrades and expansion at the Department of
Veterans Affairs Medical Center, San Antonio, Texas, in an
amount not to exceed $19,100,000.
(14) Construction of a spinal cord injury center at the
Department of Veterans Affairs Medical Center, Syracuse, New
York, in an amount not to exceed $77,700,000.
(15) Upgrade essential electrical distribution systems at
the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $49,000,000.
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(16) Expansion of the spinal cord injury center addition
at the Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $7,100,000.
(17) Blind Rehabilitation and Psychiatric Bed renovation
and new construction project at the Department of Veterans
Affairs Medical Center, Temple, Texas, in an amount not to
exceed $56,000,000.
SEC. 803. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the following
major medical facility projects in fiscal year 2007 in the amount
specified for each project:
(1) Seismic Corrections, Nursing Home Care Unit and
Dietetics at the Department of Veterans Affairs Medical Center,
American Lake, Washington, in an amount not to exceed
$38,220,000.
(2) Replacement of Operating Suite at the Department
of Veterans Affairs Medical Center, Columbia, Missouri, in
an amount not to exceed $25,830,000.
(3) Construction of a new clinical addition at the Depart-
ment of Veterans Affairs Medical Center, Fayetteville,
Arkansas, in an amount not to exceed $56,163,000.
(4) Construction of Spinal Cord Injury Center at the
Department of Veterans Affairs Medical Center, Milwaukee,
Wisconsin, in an amount not to exceed $32,500,000.
(5) Medical facility improvements and cemetery expansion
of Jefferson Barracks at the Department of Veterans Affairs
Medical Center, St. Louis, Missouri, in an amount not to exceed
$69,053,000.
SEC. 804. AUTHORIZATION OF ADVANCE PLANNING AND DESIGN FOR
A MAJOR MEDICAL FACILITY, CHARLESTON, SOUTH
CAROLINA.
(a) AGREEMENT
AUTHORIZED.—The Secretary of Veterans
Affairs may enter into an agreement with the Medical University
of South Carolina to design, and plan for the operation of, a co-
located joint-use medical facility in Charleston, South Carolina,
to replace the Ralph H. Johnson Department of Veterans Affairs
Medical Center, Charleston, South Carolina.
(b) COST LIMITATION.—Advance planning and design for a co-
located, joint-use medical facility in Charleston, South Carolina,
under subsection (a) shall be carried out in an amount not to
exceed $36,800,000.
(c) LIMITATION
ON
NAMING.—A joint-use medical facility
referred to in subsection (a) may not be named by the Secretary
of Veterans Affairs or any other entity after any living Member
or former Member of the Senate or House of Representatives.
SEC. 805. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the following
major medical facility leases in fiscal year 2006 at the locations
specified, and in an amount for each lease not to exceed the amount
shown for such location:
(1) 
For 
an 
outpatient 
clinic, 
Baltimore, 
Maryland,
$10,908,000.
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(2) 
For 
an 
outpatient 
clinic, 
Evansville, 
Indiana,
$8,989,000.
(3) For an outpatient clinic, Smith County, Texas,
$5,093,000.
SEC. 806. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL
FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the following
major medical facility leases in fiscal year 2007 at the locations
specified, and in an amount for each lease not to exceed the amount
shown for such location:
(1) For an outpatient and specialty care clinic, Austin,
Texas, $6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts,
$2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan,
$4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada,
$8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006
MAJOR MEDICAL FACILITY PROJECTS.—There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year
2006 for the Construction, Major Projects, account, $708,000,000
for the projects authorized in section 801(a).
(b) AUTHORIZATION OF APPROPRIATIONS FOR MAJOR MEDICAL
FACILITY PROJECTS UNDER CAPITAL ASSET REALIGNMENT INITIA-
TIVE.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated for the Secretary of Veterans Affairs
for fiscal year 2007 for the Construction, Major Projects,
account, $1,758,920,000 for the projects whose authorization
is extended by section 802.
(2) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until September 30, 2009.
(c) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2007
MAJOR MEDICAL FACILITY PROJECTS.—There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year
2007 for the Construction, Major Projects, account, $221,766,000
for the projects authorized in section 803.
(d) AUTHORIZATION OF APPROPRIATIONS FOR ADVANCE PLANNING
AND DESIGN FOR MAJOR MEDICAL FACILITY, CHARLESTON, SOUTH
CAROLINA.—There is authorized to be appropriated to the Secretary
of Veterans Affairs for the Construction, Major Projects, account,
$36,800,000 for the advance planning and design authorized in
section 804.
(e) AUTHORIZATION OF APPROPRIATIONS FOR MAJOR MEDICAL
FACILITY LEASES.—
(1) FISCAL YEAR 2006 LEASES.—There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2006 for the Medical Care account, $24,990,000 for the
leases authorized in section 805.
(2) FISCAL YEAR 2007 LEASES.—There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
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year 2007 for the Medical Care account, $26,642,000 for the
leases authorized in section 806.
(f) LIMITATION.—The projects authorized in sections 801(a) and
802 may only be carried out using—
(1) funds appropriated for fiscal year 2006 or 2007 pursuant
to the authorization of appropriations in subsections (a), (b),
and (c) of this section;
(2) funds available for Construction, Major Projects, for
a fiscal year before fiscal year 2006 that remain available
for obligation;
(3) funds available for Construction, Major Projects, for
a fiscal year after fiscal year 2006 or 2007 that are available
for obligation; and
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2006 or 2007 for a category of activity not
specific to a project.
Subtitle B—Facilities Administration
SEC. 811. DIRECTOR OF CONSTRUCTION AND FACILITIES MANAGE-
MENT.
(a) ESTABLISHMENT OF POSITION.—Chapter 3 is amended by
inserting after section 312 the following new section:
‘‘§ 312A. Director of Construction and Facilities Management
‘‘(a) IN GENERAL.—(1) There is in the Department a Director
of Construction and Facilities Management, who shall be appointed
by the Secretary.
‘‘(2) The position of Director of Construction and Facilities
Management is a career reserved position, as such term is defined
in section 3132(a)(8) of title 5.
‘‘(3) The Director shall provide direct support to the Secretary
in matters covered by the responsibilities of the Director under
subsection (c).
‘‘(4) The Director shall report to the Deputy Secretary in the
discharge of the responsibilities of the Director under subsection
(c).
‘‘(b) QUALIFICATIONS.—Each individual appointed as Director
of Construction and Facilities Management shall be an individual
who—
‘‘(1) holds an undergraduate or master’s degree in architec-
tural design or engineering; and
‘‘(2) has substantive professional experience in the area
of construction project management.
‘‘(c) RESPONSIBILITIES.—(1) The Director of Construction and
Facilities Management shall—
‘‘(A) be responsible for overseeing and managing the plan-
ning, design, construction, and operation of facilities and infra-
structure of the Department, including major and minor
construction projects; and
‘‘(B) perform such other functions as the Secretary shall
prescribe.
‘‘(2) In carrying out the oversight and management of construc-
tion and operation of facilities and infrastructure under this section,
the Director shall be responsible for the following:
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‘‘(A) Development and updating of short-range and long-
range strategic capital investment strategies and plans of the
Department.
‘‘(B) Planning, design, and construction of facilities for the
Department, 
including 
determining 
architectural 
and
engineering requirements and ensuring compliance of the
Department with applicable laws relating to the construction
program of the Department.
‘‘(C) Management of the short-term and long-term leasing
of real property by the Department.
‘‘(D) Repair and maintenance of facilities of the Depart-
ment, including custodial services, building management and
administration, and maintenance of roads, grounds, and infra-
structure.
‘‘(E) Management of procurement and acquisition processes
relating to the construction and operation of facilities of the
Department, including the award of contracts related to design,
construction, furnishing, and supplies and equipment.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 312 the following new item:
‘‘312A. Director of Construction and Facilities Management.’’.
SEC. 812. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
PROJECTS.
Section 8104(a)(3)(A) is amended by striking ‘‘$7,000,000’’ and
inserting ‘‘$10,000,000’’.
SEC. 813. LAND CONVEYANCE, CITY OF FORT THOMAS, KENTUCKY.
(a) CONVEYANCE
AUTHORIZED.—The Secretary of Veterans
Affairs may convey to the city of Fort Thomas, Kentucky (in this
section referred to as the ‘‘City’’), all right, title, and interest of
the United States in and to a parcel of real property, including
the 15 structures located thereon, consisting of approximately 11.75
acres that is managed by the Department of Veterans Affairs and
located in the northeastern portion of Tower Park in Fort Thomas,
Kentucky. Any such conveyance shall be subject to valid existing
rights, easements, and rights-of-way.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount
equal to the fair market value of the conveyed real property, as
determined by the Secretary.
(c) TREATMENT OF CONSIDERATION.—The consideration received
under subsection (b) shall be deposited, at the discretion of the
Secretary, in the ‘‘Medical Facilities’’ account or the ‘‘Construction,
Minor Projects’’ account (or a combination of those accounts) and
shall be available to the Secretary, without limitation and until
expended—
(1) to cover costs incurred by the Secretary associated
with the environmental remediation of the real property before
conveyance under subsection (a); and
(2) with any funds remaining after the Secretary has cov-
ered costs as required under paragraph (1), for acquisition
of a site for use as a parking facility, or contract (by lease
or otherwise) for the operation of a parking facility, to be
38 USC 8104.
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used in connection with the Department of Veterans Affairs
Medical Facility, Cincinnati, Ohio.
(d) RELEASE FROM LIABILITY.—Effective on the date of the
conveyance under subsection (a), the United States shall not be
liable for damages arising out of any act, omission, or occurrence
relating to the conveyed real property, but shall continue to be
liable for damages caused by acts of negligence committed by the
United States or by any employee or agent of the United States
before the date of conveyance, consistent with chapter 171 of title
28, United States Code.
(e) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the City.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
necessary to protect the interests of the United States.
Subtitle C—Reports on Medical Facility
Improvements
SEC. 821. REPORT ON OPTION FOR MEDICAL FACILITY IMPROVEMENTS
IN SAN JUAN, PUERTO RICO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans’ Affairs of the Senate and the Committee
on Veterans’ Affairs of the House of Representatives a report identi-
fying and outlining the various options available to the Department
of Veterans Affairs for replacing the current Department of Vet-
erans Affairs Medical Center, San Juan, Puerto Rico. The report
shall not affect current contracts at the current site, and the report
shall include the following:
(1) The feasibility of entering into a partnership with a
Federal, Commonwealth, or local governmental agency, or a
suitable non-profit organization, for the construction and oper-
ation of a new facility.
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(2) The medical, legal, and financial implications of each
of the options identified, including recommendations regarding
any statutory changes necessary for the Department to carry
out any of the options identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
SEC. 822. BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT
CARE IN CERTAIN RURAL AREAS.
(a) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans’ Affairs of the Senate
and the Committee on Veterans’ Affairs of the House of Representa-
tives a business plan for enhanced access to outpatient care (as
described in subsection (b)) for primary care, mental health care,
and specialty care in each of the following areas:
(1) The Lewiston-Auburn area of Maine.
(2) The area of Houlton, Maine.
(3) The area of Dover-Foxcroft, Maine.
(4) Whiteside County, Illinois.
(b) MEANS OF ENHANCED ACCESS.—The means of enhanced
access to outpatient care to be covered by the business plans under
subsection (a) are, with respect to each area specified in that
subsection, one or more of the following:
(1) New sites of care.
(2) Expansions at existing sites of care.
(3) Use of existing authority and policies to contract for
care where necessary.
(4) Increased use of telemedicine.
SEC. 823. REPORT ON OPTION FOR CONSTRUCTION OF DEPARTMENT
OF VETERANS AFFAIRS MEDICAL CENTER IN OKALOOSA
COUNTY, FLORIDA.
(a) FEASIBILITY STUDY.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans’ Affairs and the Com-
mittee on Armed Services of the Senate of the Senate and the
Committee on Veterans’ Affairs and the Committee on Armed Serv-
ices of the House of Representatives of the House of Representatives
a report identifying and outlining the various options available
to the Department of Veterans Affairs for the placement of a Depart-
ment of Veterans Affairs Medical Center in Okaloosa County,
Florida. The report shall be prepared in conjunction with the Sec-
retary of Defense and the Secretary of the Air Force.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) The feasibility of entering into a partnership with Eglin
Air Force Base for the construction and operation of a new,
joint Department of Veterans Affairs-Department of Defense
facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations regarding
any statutory changes necessary for the Department of Vet-
erans Affairs to carry out any of the options identified.
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(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
TITLE IX—INFORMATION SECURITY
MATTERS
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Department of Veterans Affairs
Information Security Enhancement Act of 2006’’.
SEC. 902. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECU-
RITY PROGRAMS AND REQUIREMENTS.
(a) INFORMATION SECURITY PROGRAMS AND REQUIREMENTS.—
Chapter 57 is amended by adding at the end the following new
subchapter:
‘‘SUBCHAPTER III—INFORMATION SECURITY
‘‘§ 5721. Purpose
‘‘The purpose of the Information Security Program is to estab-
lish a program to provide security for Department information
and information systems commensurate to the risk of harm, and
to communicate the responsibilities of the Secretary, Under Secre-
taries, Assistant Secretaries, other key officials, Assistant Secretary
for Information and Technology, Associate Deputy Assistant Sec-
retary for Cyber and Information Security, and Inspector General
of the Department of Veterans Affairs as outlined in the provisions
of subchapter III of chapter 35 of title 44 (also known as the
‘Federal Information Security Management Act of 2002’, which was
enacted as part of the E-Government Act of 2002 (Public Law
107–347)).
‘‘§ 5722. Policy
‘‘(a) IN GENERAL.—The security of Department information and
information systems is vital to the success of the mission of the
Department. To that end, the Secretary shall establish and maintain
a comprehensive Department-wide information security program
to provide for the development and maintenance of cost-effective
security controls needed to protect Department information, in any
media or format, and Department information systems.
‘‘(b) ELEMENTS.—The Secretary shall ensure that the Depart-
ment information security program includes the following elements:
‘‘(1) Periodic assessments of the risk and magnitude of
harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of informa-
tion and information systems that support the operations and
assets of the Department.
‘‘(2) Policies and procedures that—
‘‘(A) are based on risk assessments;
‘‘(B) cost-effectively reduce security risks to an accept-
able level; and
38 USC 101 note.
Department of
Veterans Affairs
Information
Security
Enhancement
Act of 2006.
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‘‘(C) ensure that information security is addressed
throughout the life cycle of each Department information
system.
‘‘(3) Selection and effective implementation of minimum,
mandatory technical, operational, and management security
controls, or other compensating countermeasures, to protect
the confidentiality, integrity, and availability of each Depart-
ment system and its information.
‘‘(4) Subordinate plans for providing adequate security for
networks, facilities, systems, or groups of information systems,
as appropriate.
‘‘(5) Annual security awareness training for all Department
employees, contractors, and all other users of VA sensitive
data and Department information systems that identifies the
information security risks associated with the activities of such
employees, contractors, and users and the responsibilities of
such employees, contractors, and users to comply with Depart-
ment policies and procedures designed to reduce such risks.
‘‘(6) Periodic testing and evaluation of the effectiveness
of security controls based on risk, including triennial certifi-
cation testing of all management, operational, and technical
controls, and annual testing of a subset of those controls for
each Department system.
‘‘(7) A process for planning, developing, implementing,
evaluating, and documenting remedial actions to address defi-
ciencies in information security policies, procedures, and prac-
tices.
‘‘(8) Procedures for detecting, immediately reporting, and
responding to security incidents, including mitigating risks
before substantial damage is done as well as notifying and
consulting with the US-Computer Emergency Readiness Team
of the Department of Homeland Security, law enforcement
agencies, the Inspector General of the Department, and other
offices as appropriate.
‘‘(9) Plans and procedures to ensure continuity of operations
for Department systems.
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The Sec-
retary shall comply with the provisions of subchapter III of chapter
35 of title 44 and other related information security requirements
promulgated by the National Institute of Standards and Technology
and the Office of Management and Budget that define Department
information system mandates.
‘‘§ 5723. Responsibilities
‘‘(a) SECRETARY
OF VETERANS AFFAIRS.—In accordance with
the provisions of subchapter III of chapter 35 of title 44, the Sec-
retary is responsible for the following:
‘‘(1) Ensuring that the Department adopts a Department-
wide information security program and otherwise complies with
the provisions of subchapter III of chapter 35 of title 44 and
other related information security requirements.
‘‘(2) Ensuring that information security protections are
commensurate with the risk and magnitude of the potential
harm to Department information and information systems
resulting from unauthorized access, use, disclosure, disruption,
modification, or destruction.
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(3) Ensuring that information security management proc-
esses are integrated with Department strategic and operational
planning processes.
‘‘(4) Ensuring that the Under Secretaries, Assistant Secre-
taries, and other key officials of the Department provide ade-
quate security for the information and information systems
under their control.
‘‘(5) Ensuring enforcement and compliance with the require-
ments imposed on the Department under the provisions of
subchapter III of chapter 35 of title 44.
‘‘(6) Ensuring that the Department has trained program
and staff office personnel sufficient to assist in complying with
all the provisions of subchapter III of chapter 35 of title 44
and other related information security requirements.
‘‘(7) Ensuring that the Assistant Secretary for Information
and Technology, in coordination with the Under Secretaries,
Assistant Secretaries, and other key officials of the Department
report to Congress, the Office of Management and Budget,
and other entities as required by law and Executive Branch
direction on the effectiveness of the Department information
security program, including remedial actions.
‘‘(8) Notifying officials other than officials of the Depart-
ment of data breaches when required under this subchapter.
‘‘(9) Ensuring that the Assistant Secretary for Information
and Technology has the authority and control necessary to
develop, approve, implement, integrate, and oversee the poli-
cies, procedures, processes, activities, and systems of the
Department relating to subchapter III of chapter 35 of title
44, including the management of all related mission applica-
tions, information resources, personnel, and infrastructure.
‘‘(10) Submitting to the Committees on Veterans’ Affairs
of the Senate and House of Representatives, the Committee
on Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental
Affairs of the Senate, not later than March 1 each year, a
report on the compliance of the Department with subchapter
III of chapter 35 of title 44, with the information in such
report displayed in the aggregate and separately for each
Administration, office, and facility of the Department.
‘‘(11) Taking appropriate action to ensure that the budget
for any fiscal year, as submitted by the President to Congress
under section 1105 of title 31, sets forth separately the amounts
required in the budget for such fiscal year for compliance by
the Department with Federal law and regulations governing
information security, including this subchapter and subchapter
III of chapter 35 of title 44.
‘‘(12) Providing notice to the Director of the Office of
Management and Budget, the Inspector General of the Depart-
ment, and such other Federal agencies as the Secretary con-
siders appropriate of a presumptive data breach of which notice
is provided the Secretary under subsection (b)(16) if, in the
opinion of the Assistant Secretary for Information and Tech-
nology, the breach involves the information of twenty or more
individuals.
‘‘(b) ASSISTANT
SECRETARY
FOR
INFORMATION
AND
TECH-
NOLOGY.—The Assistant Secretary for Information and Technology,
Notification.
Deadline.
Reports.
Notification.
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PUBLIC LAW 109–461—DEC. 22, 2006
as the Chief Information Officer of the Department, is responsible
for the following:
‘‘(1) Establishing, maintaining, and monitoring Depart-
ment-wide information security policies, procedures, control
techniques, training, and inspection requirements as elements
of the Department information security program.
‘‘(2) Issuing policies and handbooks to provide direction
for implementing the elements of the information security pro-
gram to all Department organizations.
‘‘(3) Approving all policies and procedures that are related
to information security for those areas of responsibility that
are currently under the management and the oversight of other
Department organizations.
‘‘(4) Ordering and enforcing Department-wide compliance
with and execution of any information security policy.
‘‘(5) Establishing minimum mandatory technical, oper-
ational, and management information security control require-
ments for each Department system, consistent with risk, the
processes identified in standards of the National Institute of
Standards and Technology, and the responsibilities of the
Assistant Secretary to operate and maintain all Department
systems currently creating, processing, collecting, or dissemi-
nating data on behalf of Department information owners.
‘‘(6) Establishing standards for access to Department
information systems by organizations and individual employees,
and to deny access as appropriate.
‘‘(7) Directing that any incidents of failure to comply with
established information security policies be immediately
reported to the Assistant Secretary.
‘‘(8) Reporting any compliance failure or policy violation
directly to the appropriate Under Secretary, Assistant Sec-
retary, or other key official of the Department for appropriate
administrative or disciplinary action.
‘‘(9) Reporting any compliance failure or policy violation
directly to the appropriate Under Secretary, Assistant Sec-
retary, or other key official of the Department along with taking
action to correct the failure or violation.
‘‘(10) Requiring any key official of the Department who
is so notified to report to the Assistant Secretary with respect
to an action to be taken in response to any compliance failure
or policy violation reported by the Assistant Secretary.
‘‘(11) Ensuring that the Chief Information Officers and
Information Security Officers of the Department comply with
all cyber security directives and mandates, and ensuring that
these staff members have all necessary authority and means
to direct full compliance with such directives and mandates
relating to the acquisition, operation, maintenance, or use of
information technology resources from all facility staff.
‘‘(12) Establishing the VA National Rules of Behavior for
appropriate use and protection of the information which is
used to support Department missions and functions.
‘‘(13) Establishing and providing supervision over an effec-
tive incident reporting system.
‘‘(14) Submitting to the Secretary, at least once every
quarter, a report on any deficiency in the compliance with
subchapter III of chapter 35 of title 44 of the Department
or any Administration, office, or facility of the Department.
Deadline.
Reports.
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‘‘(15) Reporting immediately to the Secretary on any signifi-
cant deficiency in the compliance described by paragraph (14).
‘‘(16) Providing immediate notice to the Secretary of any
presumptive data breach.
‘‘(c) ASSOCIATE DEPUTY ASSISTANT SECRETARY FOR CYBER AND
INFORMATION SECURITY.—In accordance with the provisions of sub-
chapter III of chapter 35 of title 44, the Associate Deputy Assistant
Secretary for Cyber and Information Security, as the Senior
Information Security Officer of the Department, is responsible for
carrying out the responsibilities of the Assistant Secretary for
Information and Technology under the provisions of subchapter
III of chapter 35 of title 44, as set forth in subsection (b).
‘‘(d) DEPARTMENT INFORMATION OWNERS.—In accordance with
the criteria of the Centralized IT Management System, Department
information owners are responsible for the following:
‘‘(1) Providing assistance to the Assistant Secretary for
Information and Technology regarding the security require-
ments and appropriate level of security controls for the informa-
tion system or systems where sensitive personal information
is currently created, collected, processed, disseminated, or sub-
ject to disposal.
‘‘(2) Determining who has access to the system or systems
containing sensitive personal information, including types of
privileges and access rights.
‘‘(3) Ensuring the VA National Rules of Behavior is signed
on an annual basis and enforced by all system users to ensure
appropriate use and protection of the information which is
used to support Department missions and functions.
‘‘(4) Assisting the Assistant Secretary for Information and
Technology in the identification and assessment of the common
security controls for systems where their information resides.
‘‘(5) Providing assistance to Administration and staff office
personnel involved in the development of new systems
regarding the appropriate level of security controls for their
information.
‘‘(e) OTHER KEY OFFICIALS.—In accordance with the provisions
of subchapter III of chapter 35 of title 44, the Under Secretaries,
Assistant Secretaries, and other key officials of the Department
are responsible for the following:
‘‘(1) Implementing the policies, procedures, practices, and
other countermeasures identified in the Department informa-
tion security program that comprise activities that are under
their day-to-day operational control or supervision.
‘‘(2) Periodically testing and evaluating information security
controls that comprise activities that are under their day-to-
day operational control or supervision to ensure effective
implementation.
‘‘(3) Providing a plan of action and milestones to the Assist-
ant Secretary for Information and Technology on at least a
quarterly basis detailing the status of actions being taken to
correct any security compliance failure or policy violation.
‘‘(4) Complying with the provisions of subchapter III of
chapter 35 of title 44 and other related information security
laws and requirements in accordance with orders of the Assist-
ant Secretary for Information and Technology to execute the
appropriate security controls commensurate to responding to
a security bulletin of the Security Operations Center of the
Notification.
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120 STAT. 3455
PUBLIC LAW 109–461—DEC. 22, 2006
Department, with such orders to supersede and take priority
over all operational tasks and assignments and be complied
with immediately.
‘‘(5) Ensuring that—
‘‘(A) all employees within their organizations take
immediate action to comply with orders from the Assistant
Secretary for Information and Technology to—
‘‘(i) mitigate the impact of any potential security
vulnerability;
‘‘(ii) respond to a security incident; or
‘‘(iii) implement the provisions of a bulletin or alert
of the Security Operations Center; and
‘‘(B) organizational managers have all necessary
authority and means to direct full compliance with such
orders from the Assistant Secretary.
‘‘(6) Ensuring the VA National Rules of Behavior is signed
and enforced by all system users to ensure appropriate use
and protection of the information which is used to support
Department missions and functions on an annual basis.
‘‘(f) USERS
OF DEPARTMENT INFORMATION
AND INFORMATION
SYSTEMS.—Users of Department information and information sys-
tems are responsible for the following:
‘‘(1) Complying with all Department information security
program policies, procedures, and practices.
‘‘(2) Attending security awareness training on at least an
annual basis.
‘‘(3) Reporting all security incidents immediately to the
Information Security Officer of the system or facility and to
their immediate supervisor.
‘‘(4) Complying with orders from the Assistant Secretary
for Information and Technology directing specific activities
when a security incident occurs.
‘‘(5) Signing an acknowledgment that they have read,
understand, and agree to abide by the VA National Rules
of Behavior on an annual basis.
‘‘(g) INSPECTOR
GENERAL
OF
DEPARTMENT
OF
VETERANS
AFFAIRS.—In accordance with the provisions of subchapter III of
chapter 35 of title 44, the Inspector General of the Department
is responsible for the following:
‘‘(1) Conducting an annual audit of the Department
information security program.
‘‘(2) Submitting an independent annual report to the Office
of Management and Budget on the status of Department
information security program, based on the results of the
annual audit.
‘‘(3) Conducting investigations of complaints and referrals
of violations as considered appropriate by the Inspector General.
‘‘§ 5724. Provision of credit protection and other services
‘‘(a) INDEPENDENT RISK ANALYSIS.—(1) In the event of a data
breach with respect to sensitive personal information that is proc-
essed or maintained by the Secretary, the Secretary shall ensure
that, as soon as possible after the data breach, a non-Department
entity or the Office of Inspector General of the Department conducts
an independent risk analysis of the data breach to determine the
level of risk associated with the data breach for the potential
Investigations.
Reports.
Audit.
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PUBLIC LAW 109–461—DEC. 22, 2006
misuse of any sensitive personal information involved in the data
breach.
‘‘(2) If the Secretary determines, based on the findings of a
risk analysis conducted under paragraph (1), that a reasonable
risk exists for the potential misuse of sensitive personal information
involved in a data breach, the Secretary shall provide credit protec-
tion services in accordance with the regulations prescribed by the
Secretary under this section.
‘‘(b) REGULATIONS.—Not later than 180 days after the date
of the enactment of the Veterans Benefits, Health Care, and
Information Technology Act of 2006, the Secretary shall prescribe
interim regulations for the provision of the following in accordance
with subsection (a)(2):
‘‘(1) Notification.
‘‘(2) Data mining.
‘‘(3) Fraud alerts.
‘‘(4) Data breach analysis.
‘‘(5) Credit monitoring.
‘‘(6) Identity theft insurance.
‘‘(7) Credit protection services.
‘‘(c) REPORT.—(1) For each data breach with respect to sensitive
personal information processed or maintained by the Secretary,
the Secretary shall promptly submit to the Committees on Veterans’
Affairs of the Senate and House of Representatives a report con-
taining the findings of any independent risk analysis conducted
under subsection (a)(1), any determination of the Secretary under
subsection (a)(2), and a description of any services provided pursu-
ant to subsection (b).
‘‘(2) In the event of a data breach with respect to sensitive
personal information processed or maintained by the Secretary
that is the sensitive personal information of a member of the
Army, Navy, Air Force, or Marine Corps or a civilian officer or
employee of the Department of Defense, the Secretary shall submit
the report required under paragraph (1) to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives in addition to the Committees on
Veterans’ Affairs of the Senate and House of Representatives.
‘‘§ 5725. Contracts for data processing or maintenance
‘‘(a) CONTRACT REQUIREMENTS.—If the Secretary enters into
a contract for the performance of any Department function that
requires access to sensitive personal information, the Secretary
shall require as a condition of the contract that—
‘‘(1) the contractor shall not, directly or through an affiliate
of the contractor, disclose such information to any other person
unless the disclosure is lawful and is expressly permitted under
the contract;
‘‘(2) the contractor, or any subcontractor for a subcontract
of the contract, shall promptly notify the Secretary of any
data breach that occurs with respect to such information.
‘‘(b) LIQUIDATED
DAMAGES.—Each contract subject to the
requirements of subsection (a) shall provide for liquidated damages
to be paid by the contractor to the Secretary in the event of
a data breach with respect to any sensitive personal information
processed or maintained by the contractor or any subcontractor
under that contract.
Deadline.
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(c) PROVISION OF CREDIT PROTECTION SERVICES.—Any amount
collected by the Secretary under subsection (b) shall be deposited
in or credited to the Department account from which the contractor
was paid and shall remain available for obligation without fiscal
year limitation exclusively for the purpose of providing credit protec-
tion services pursuant to section 5724(b) of this title.
‘‘§ 5726. Reports and notice to Congress on data breaches
‘‘(a) QUARTERLY REPORTS.—(1) Not later than 30 days after
the last day of a fiscal quarter, the Secretary shall submit to
the Committees on Veterans’ Affairs of the Senate and House
of Representatives a report on any data breach with respect to
sensitive personal information processed or maintained by the
Department that occurred during that quarter.
‘‘(2) Each report submitted under paragraph (1) shall identify,
for each data breach covered by the report—
‘‘(A) the Administration and facility of the Department
responsible for processing or maintaining the sensitive personal
information involved in the data breach; and
‘‘(B) the status of any remedial or corrective action with
respect to the data breach.
‘‘(b) NOTIFICATION OF SIGNIFICANT DATA BREACHES.—(1) In the
event of a data breach with respect to sensitive personal information
processed or maintained by the Secretary that the Secretary deter-
mines is significant, the Secretary shall provide notice of such
breach to the Committees on Veterans’ Affairs of the Senate and
House of Representatives.
‘‘(2) In the event of a data breach with respect to sensitive
personal information processed or maintained by the Secretary
that is the sensitive personal information of a member of the
Army, Navy, Air Force, or Marine Corps or a civilian officer or
employee of the Department of Defense that the Secretary deter-
mines is significant under paragraph (1), the Secretary shall provide
the notice required under paragraph (1) to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives in addition to the Committees on
Veterans’ Affairs of the Senate and House of Representatives.
‘‘(3) Notice under paragraphs (1) and (2) shall be provided
promptly following the discovery of such a data breach and the
implementation of any measures necessary to determine the scope
of the breach, prevent any further breach or unauthorized disclo-
sures, and reasonably restore the integrity of the data system.
‘‘§ 5727. Definitions
‘‘In this subchapter:
‘‘(1) AVAILABILITY.—The term ‘availability’ means ensuring
timely and reliable access to and use of information.
‘‘(2) CONFIDENTIALITY.—The term ‘confidentiality’ means
preserving authorized restrictions on access and disclosure,
including means for protecting personal privacy and proprietary
information.
‘‘(3) CONTROL TECHNIQUES.—The term ‘control techniques’
means methods for guiding and controlling the operations of
information systems to ensure adherence to the provisions of
subchapter III of chapter 35 of title 44 and other related
information security requirements.
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(4) DATA BREACH.—The term ‘data breach’ means the loss,
theft, or other unauthorized access, other than those incidental
to the scope of employment, to data containing sensitive per-
sonal information, in electronic or printed form, that results
in the potential compromise of the confidentiality or integrity
of the data.
‘‘(5) DATA BREACH ANALYSIS.—The term ‘data breach anal-
ysis’ means the process used to determine if a data breach
has resulted in the misuse of sensitive personal information.
‘‘(6) FRAUD RESOLUTION SYSTEMS.—The term ‘fraud resolu-
tion services’ means services to assist an individual in the
process of recovering and rehabilitating the credit of the indi-
vidual after the individual experiences identity theft.
‘‘(7) IDENTITY
THEFT.—The term ‘identity theft’ has the
meaning given such term under section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a).
‘‘(8) IDENTITY THEFT INSURANCE.—The term ‘identity theft
insurance’ means any insurance policy that pays benefits for
costs, including travel costs, notary fees, and postage costs,
lost wages, and legal fees and expenses associated with efforts
to correct and ameliorate the effects and results of identity
theft of the insured individual.
‘‘(9) INFORMATION OWNER.—The term ‘information owner’
means an agency official with statutory or operational authority
for specified information and responsibility for establishing the
criteria for its creation, collection, processing, dissemination,
or disposal, which responsibilities may extend to interconnected
systems or groups of interconnected systems.
‘‘(10) INFORMATION
RESOURCES.—The term ‘information
resources’ means information in any medium or form and its
related resources, such as personnel, equipment, funds, and
information technology.
‘‘(11) INFORMATION SECURITY.—The term ‘information secu-
rity’ means protecting information and information systems
from unauthorized access, use, disclosure, disruption, modifica-
tion, or destruction in order to provide integrity, confidentiality,
and availability.
‘‘(12) INFORMATION
SECURITY
REQUIREMENTS.—The term
‘information security requirements’ means information security
requirements promulgated in accordance with law, or directed
by the Secretary of Commerce, the National Institute of Stand-
ards and Technology, and the Office of Management and
Budget, and, as to national security systems, the President.
‘‘(13) INFORMATION SYSTEM.—The term ‘information system’
means a discrete set of information resources organized for
the collection, processing, maintenance, use, sharing, dissemi-
nation, or disposition of information, whether automated or
manual.
‘‘(14) INTEGRITY.—The term ‘integrity’ means guarding
against improper information modification or destruction, and
includes ensuring information non-repudiation and authen-
ticity.
‘‘(15) NATIONAL
SECURITY
SYSTEM.—The term ‘national
security system’ means an information system that is protected
at all times by policies and procedures established for the
processing, maintenance, use, sharing, dissemination or disposi-
tion of information that has been specifically authorized under
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criteria established by statute or Executive Order to be kept
classified in the interest of national defense or foreign policy.
‘‘(16) PLAN OF ACTION AND MILESTONES.—The term ‘plan
of action and milestones’, means a plan used as a basis for
the quarterly reporting requirements of the Office of Manage-
ment and Budget that includes the following information:
‘‘(A) A description of the security weakness.
‘‘(B) The identity of the office or organization respon-
sible for resolving the weakness.
‘‘(C) An estimate of resources required to resolve the
weakness by fiscal year.
‘‘(D) The scheduled completion date.
‘‘(E) Key milestones with estimated completion dates.
‘‘(F) Any changes to the original key milestone date.
‘‘(G) The source that identified the weakness.
‘‘(H) The status of efforts to correct the weakness.
‘‘(17) PRINCIPAL
CREDIT
REPORTING
AGENCY.—The term
‘principal credit reporting agency’ means a consumer reporting
agency as described in section 603(p) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(p)).
‘‘(18) SECURITY
INCIDENT.—The term ‘security incident’
means an event that has, or could have, resulted in loss or
damage to Department assets, or sensitive information, or an
action that breaches Department security procedures.
‘‘(19) SENSITIVE PERSONAL INFORMATION.—The term ‘sen-
sitive personal information’, with respect to an individual,
means any information about the individual maintained by
an agency, including the following:
‘‘(A) Education, financial transactions, medical history,
and criminal or employment history.
‘‘(B) Information that can be used to distinguish or
trace the individual’s identity, including name, social secu-
rity number, date and place of birth, mother’s maiden
name, or biometric records.
‘‘(20) SUBORDINATE
PLAN.—The term ‘subordinate plan’,
also referred to as a ‘system security plan’, means a subordinate
plan defines the security controls that are either planned or
implemented for networks, facilities, systems, or groups of sys-
tems, as appropriate, within a specific accreditation boundary.
‘‘(21) TRAINING.—The term ‘training’ means a learning
experience in which an individual is taught to execute a specific
information security procedure or understand the information
security common body of knowledge.
‘‘(22) VA
NATIONAL
RULES
OF
BEHAVIOR.—The term ‘VA
National Rules of Behavior’ means a set of Department rules
that describes the responsibilities and expected behavior of
personnel with regard to information system usage.
‘‘(23) VA SENSITIVE DATA.—The term ‘VA sensitive data’
means all Department data, on any storage media or in any
form or format, which requires protection due to the risk of
harm that could result from inadvertent or deliberate disclo-
sure, alteration, or destruction of the information and includes
information whose improper use or disclosure could adversely
affect the ability of an agency to accomplish its mission, propri-
etary information, and records about individuals requiring
protection under applicable confidentiality provisions.
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘§ 5728. Authorization of appropriations
‘‘There are authorized to be appropriated to carry out this
subchapter such sums as may be necessary for each fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 57 is amended by adding at the end the following:
‘‘SUBCHAPTER III—INFORMATION SECURITY
‘‘5721. Purpose.
‘‘5722. Policy.
‘‘5723. Responsibilities.
‘‘5724. Provision of credit protection and other services.
‘‘5725. Contracts for data processing or maintenance.
‘‘5726. Reports and notice to Congress on data breaches.
‘‘5727. Definitions.
‘‘5728. Authorization of appropriations.’’.
(c) DEADLINE FOR REGULATIONS.—Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall prescribe regulations to carry out subchapter III of
chapter 57 of title 38, United States Code, as added by subsection
(a).
SEC. 903. INFORMATION SECURITY EDUCATION ASSISTANCE PRO-
GRAMS.
(a) PROGRAMS AUTHORIZED.—
(1) IN GENERAL.—Title 38 is amended by inserting after
chapter 78 the following new chapter:
‘‘CHAPTER 79—INFORMATION SECURITY EDUCATION
ASSISTANCE PROGRAM
‘‘Sec.
‘‘7901. Programs; purpose.
‘‘7902. Scholarship program.
‘‘7903. Education debt reduction program.
‘‘7904. Preferences in awarding financial assistance.
‘‘7905. Requirement of honorable discharge for veterans receiving assistance.
‘‘7906. Regulations.
‘‘7907. Termination.
‘‘§ 7901. Programs; purpose
‘‘(a) IN GENERAL.—To encourage the recruitment and retention
of Department personnel who have the information security skills
necessary to meet Department requirements, the Secretary may
carry out programs in accordance with this chapter to provide
financial support for education in computer science and electrical
and computer engineering at accredited institutions of higher edu-
cation.
‘‘(b) TYPES OF PROGRAMS.—The programs authorized under this
chapter are as follows:
‘‘(1) Scholarships for pursuit of doctoral degrees in computer
science and electrical and computer engineering at accredited
institutions of higher education.
‘‘(2) Education debt reduction for Department personnel
who hold doctoral degrees in computer science and electrical
and computer engineering at accredited institutions of higher
education.
‘‘§ 7902. Scholarship program
‘‘(a) AUTHORITY.—(1) Subject to the availability of appropria-
tions, the Secretary may establish a scholarship program under
38 USC 5721
note.
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PUBLIC LAW 109–461—DEC. 22, 2006
which the Secretary shall, subject to subsection (d), provide financial
assistance in accordance with this section to a qualified person—
‘‘(A) who is pursuing a doctoral degree in computer science
or electrical or computer engineering at an accredited institu-
tion of higher education; and
‘‘(B) who enters into an agreement with the Secretary
as described in subsection (b).
‘‘(2)(A) Except as provided in subparagraph (B), the Secretary
may provide financial assistance under this section to an individual
for up to five years.
‘‘(B) The Secretary may waive the limitation under subpara-
graph (A) if the Secretary determines that such a waiver is appro-
priate.
‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP RECIPIENTS.—(1)
To receive financial assistance under this section an individual
shall enter into an agreement to accept and continue employment
in the Department for the period of obligated service determined
under paragraph (2).
‘‘(2) For the purposes of this subsection, the period of obligated
service for a recipient of financial assistance under this section
shall be the period determined by the Secretary as being appropriate
to obtain adequate service in exchange for the financial assistance
and otherwise to achieve the goals set forth in section 7901(a)
of this title. In no event may the period of service required of
a recipient be less than the period equal to the total period of
pursuit of a degree for which the Secretary agrees to provide the
recipient with financial assistance under this section. The period
of obligated service is in addition to any other period for which
the recipient is obligated to serve on active duty or in the civil
service, as the case may be.
‘‘(3) An agreement entered into under this section by a person
pursuing a doctoral degree shall include terms that provide the
following:
‘‘(A) That the period of obligated service begins on a date
after the award of the degree that is determined under the
regulations prescribed under section 7906 of this title.
‘‘(B) That the individual will maintain satisfactory academic
progress, as determined in accordance with those regulations,
and that failure to maintain such progress constitutes grounds
for termination of the financial assistance for the individual
under this section.
‘‘(C) Any other terms and conditions that the Secretary
determines appropriate for carrying out this section.
‘‘(c) AMOUNT OF ASSISTANCE.—(1) The amount of the financial
assistance provided for an individual under this section shall be
the amount determined by the Secretary as being necessary to
pay—
‘‘(A) the tuition and fees of the individual; and
‘‘(B) $1,500 to the individual each month (including a month
between academic semesters or terms leading to the degree
for which such assistance is provided or during which the
individual is not enrolled in a course of education but is pur-
suing independent research leading to such degree) for books,
laboratory expenses, and expenses of room and board.
‘‘(2) In no case may the amount of assistance provided for
an individual under this section for an academic year exceed
$50,000.
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120 STAT. 3462
PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(3) In no case may the total amount of assistance provided
for an individual under this section exceed $200,000.
‘‘(4) Notwithstanding any other provision of law, financial
assistance paid an individual under this section shall not be consid-
ered as income or resources in determining eligibility for, or the
amount of benefits under, any Federal or federally assisted program.
‘‘(d) REPAYMENT
FOR
PERIOD
OF
UNSERVED
OBLIGATED
SERVICE.—(1) An individual who receives financial assistance under
this section shall repay to the Secretary an amount equal to the
unearned portion of the financial assistance if the individual fails
to satisfy the requirements of the service agreement entered into
under subsection (b), except in circumstances authorized by the
Secretary.
‘‘(2) The Secretary may establish, by regulations, procedures
for determining the amount of the repayment required under this
subsection and the circumstances under which an exception to
the required repayment may be granted.
‘‘(3) An obligation to repay the Secretary under this subsection
is, for all purposes, a debt owed the United States. A discharge
in bankruptcy under title 11 does not discharge a person from
such debt if the discharge order is entered less than five years
after the date of the termination of the agreement or contract
on which the debt is based.
‘‘(e) WAIVER OR SUSPENSION OF COMPLIANCE.—The Secretary
shall prescribe regulations providing for the waiver or suspension
of any obligation of an individual for service or payment under
this section (or an agreement under this section) whenever non-
compliance by the individual is due to circumstances beyond the
control of the individual or whenever the Secretary determines
that the waiver or suspension of compliance is in the best interest
of the United States.
‘‘(f) INTERNSHIPS.—(1) The Secretary may offer a compensated
internship to an individual for whom financial assistance is provided
under this section during a period between academic semesters
or terms leading to the degree for which such assistance is provided.
Compensation provided for such an internship shall be in addition
to the financial assistance provided under this section.
‘‘(2) An internship under this subsection shall not be counted
toward satisfying a period of obligated service under this section.
‘‘(g) INELIGIBILITY OF INDIVIDUALS RECEIVING MONTGOMERY GI
BILL
EDUCATION
ASSISTANCE
PAYMENTS.—An individual who
receives a payment of educational assistance under chapter 30,
31, 32, 34, or 35 of this title or chapter 1606 or 1607 of title
10 for a month in which the individual is enrolled in a course
of education leading to a doctoral degree in information security
is not eligible to receive financial assistance under this section
for that month.
‘‘§ 7903. Education debt reduction program
‘‘(a) AUTHORITY.—Subject to the availability of appropriations,
the Secretary may establish an education debt reduction program
under which the Secretary shall make education debt reduction
payments under this section to qualified individuals eligible under
subsection (b) for the purpose of reimbursing such individuals for
payments by such individuals of principal and interest on loans
described in paragraph (2) of that subsection.
Regulations.
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120 STAT. 3463
PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(b) ELIGIBILITY.—An individual is eligible to participate in
the program under this section if the individual—
‘‘(1) has completed a doctoral degree in computer science
or electrical or computer engineering at an accredited institu-
tion of higher education during the five-year period preceding
the date on which the individual is hired;
‘‘(2) is an employee of the Department who serves in a
position related to information security (as determined by the
Secretary); and
‘‘(3) owes any amount of principal or interest under a
loan, the proceeds of which were used by or on behalf of
that individual to pay costs relating to a doctoral degree in
computer science or electrical or computer engineering at an
accredited institution of higher education.
‘‘(c) AMOUNT
OF ASSISTANCE.—(1) Subject to paragraph (2),
the amount of education debt reduction payments made to an
individual under this section may not exceed $82,500 over a total
of five years, of which not more than $16,500 of such payments
may be made in each year.
‘‘(2) The total amount payable to an individual under this
section for any year may not exceed the amount of the principal
and interest on loans referred to in subsection (b)(3) that is paid
by the individual during such year.
‘‘(d) PAYMENTS.—(1) The Secretary shall make education debt
reduction payments under this section on an annual basis.
‘‘(2) The Secretary shall make such a payment—
‘‘(A) on the last day of the one-year period beginning on
the date on which the individual is accepted into the program
established under subsection (a); or
‘‘(B) in the case of an individual who received a payment
under this section for the preceding fiscal year, on the last
day of the one-year period beginning on the date on which
the individual last received such a payment.
‘‘(3) Notwithstanding any other provision of law, education debt
reduction payments under this section shall not be considered as
income or resources in determining eligibility for, or the amount
of benefits under, any Federal or federally assisted program.
‘‘(e) PERFORMANCE REQUIREMENT.—The Secretary may make
education debt reduction payments to an individual under this
section for a year only if the Secretary determines that the indi-
vidual maintained an acceptable level of performance in the position
or positions served by the individual during the year.
‘‘(f) NOTIFICATION
OF TERMS
OF PROVISION
OF PAYMENTS.—
The Secretary shall provide to an individual who receives a payment
under this section notice in writing of the terms and conditions
that apply to such a payment.
‘‘(g) COVERED COSTS.—For purposes of subsection (b)(3), costs
relating to a course of education or training include—
‘‘(1) tuition expenses; and
‘‘(2) all other reasonable educational expenses, including
fees, books, and laboratory expenses.
‘‘§ 7904. Preferences in awarding financial assistance
‘‘In awarding financial assistance under this chapter, the Sec-
retary shall give a preference to qualified individuals who are
otherwise eligible to receive the financial assistance in the following
order of priority:
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PUBLIC LAW 109–461—DEC. 22, 2006
‘‘(1) Veterans with service-connected disabilities.
‘‘(2) Veterans.
‘‘(3) Persons described in section 4215(a)(1)(B) of this title.
‘‘(4) Individuals who received or are pursuing degrees at
institutions designated by the National Security Agency as
Centers of Academic Excellence in Information Assurance Edu-
cation.
‘‘(5) Citizens of the United States.
‘‘§ 7905. Requirement of honorable discharge for veterans
receiving assistance
‘‘No veteran shall receive financial assistance under this
chapter unless the veteran was discharged from the Armed Forces
under honorable conditions.
‘‘§ 7906. Regulations
‘‘The Secretary shall prescribe regulations for the administra-
tion of this chapter.
‘‘§ 7907. Termination
‘‘The authority of the Secretary to make a payment under
this chapter shall terminate on July 31, 2017.’’.
(2) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of title 38, and of part V of title 38, are each amended
by inserting after the item relating to chapter 78 the following
new item:
‘‘79. Information Security Education Assistance Program ...................... 7901’’.
(b) GAO REPORT.—Not later than three years after the date
of the enactment of this Act, the Comptroller General shall submit
to Congress a report on the scholarship and education debt reduc-
tion programs under chapter 79 of title 38, United States Code,
as added by subsection (a).
(c) APPLICABILITY OF SCHOLARSHIPS.—Section 7902 of title 38,
United States Code, as added by subsection (a), may only apply
with respect to financial assistance provided for an academic
semester or term that begins on or after August 1, 2007.
TITLE X—OTHER MATTERS
SEC. 1001. NOTICE TO CONGRESSIONAL VETERANS COMMITTEES OF
CERTAIN TRANSFERS OF FUNDS.
To the extent that the Secretary of Veterans Affairs is required
or directed, under any provision of law, to provide written notice
to any committee of Congress other than the Committee on Vet-
erans’ Affairs of the Senate and the Committee on Veterans’ Affairs
of the House of Representatives on the transfer of appropriations
from one account to any other account, the Secretary shall also
transmit such notice to the Committee on Veterans’ Affairs of
the Senate and the Committee on Veterans’ Affairs of the House
of Representatives.
SEC. 1002. CLARIFICATION OF CORRECTIONAL FACILITIES COVERED
BY CERTAIN PROVISIONS OF LAW.
(a) PAYMENT
OF PENSION DURING CONFINEMENT
IN PENAL
INSTITUTIONS.—Section 1505(a) is amended by striking ‘‘or local
38 USC 1505.
38 USC 303 note.
38 USC 7902
note.
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PUBLIC LAW 109–461—DEC. 22, 2006
penal institution’’ and inserting ‘‘local, or other penal institution
or correctional facility’’.
(b) ALLOWANCES FOR TRAINING AND REHABILITATION FOR VET-
ERANS WITH SERVICE-CONNECTED DISABILITIES.—Section 3108(g)(1)
is amended by striking ‘‘or local penal institution’’ and inserting
‘‘local, or other penal institution or correctional facility’’.
(c) EDUCATIONAL ASSISTANCE BENEFITS FOR POST-VIETNAM ERA
VETERANS.—Section 3231(d)(1) is amended by striking ‘‘or local
penal institution’’ and inserting ‘‘local, or other penal institution
or correctional facility’’.
(d) COMPUTATION OF EDUCATIONAL ASSISTANCE ALLOWANCES
FOR VETERANS GENERALLY.—Section 3482(g)(1) is amended by
striking ‘‘or local penal institution’’ and inserting ‘‘local, or other
penal institution or correctional facility’’.
(e) COMPUTATION OF EDUCATIONAL ASSISTANCE ALLOWANCE FOR
SURVIVORS
AND DEPENDENTS.—Section 3532(e) is amended by
striking ‘‘or local penal institution’’ and inserting ‘‘local, or other
penal institution or correctional facility’’.
(f) LIMITATION ON PAYMENT OF COMPENSATION AND DEPEND-
ENCY AND INDEMNITY COMPENSATION.—Section 5313 is amended
by striking ‘‘or local penal institution’’ each place it appears and
inserting ‘‘local, or other penal institution or correctional facility’’.
(g) LIMITATION ON PAYMENT OF CLOTHING ALLOWANCE.—Sec-
tion 5313A is amended by striking ‘‘or local penal institution’’ and
inserting ‘‘local, or other penal institution or correctional facility’’.
SEC. 1003. EXTENSION OF AUTHORITY FOR HEALTH CARE FOR
PARTICIPATION IN DOD CHEMICAL AND BIOLOGICAL
WARFARE TESTING.
Section 1710(e)(3)(D) is amended by striking ‘‘December 31,
2005’’ and inserting ‘‘December 31, 2007’’.
SEC. 1004. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 38, UNITED STATES CODE.—
(1) CITATION CORRECTION.—Section 1718(c)(2) is amended
by inserting ‘‘of 1938’’ after ‘‘Act’’.
(2) CITATION CORRECTION.—Section 1785(b)(1) is amended
by striking ‘‘Robert B.’’ and inserting ‘‘Robert T.’’.
(3) PUNCTUATION CORRECTION.—Section 2002(1) is amended
by inserting a closing parenthesis before the period at the
end.
(4) PUNCTUATION
CORRECTION.—Section 2011(a)(1)(C) is
amended by inserting a period at the end.
(5) 
CROSS
REFERENCE
CORRECTION.—Section
2041(a)(3)(A)(i) is amended by striking ‘‘under this chapter’’
and inserting ‘‘established under section 3722 of this title’’.
(6) CITATION CORRECTION.—Section 8111(b)(1) is amended
by striking ‘‘into the strategic’’ and all that follows through
‘‘and Results Act of 1993’’ and inserting ‘‘into the strategic
plan of each Department under section 306 of title 5 and
the performance plan of each Department under section 1115
of title 31’’.
(7) REPEAL OF OBSOLETE TEXT.—Section 8111 is further
amended—
(A) in subsection (d)(2), by striking ‘‘effective October
1, 2003,’’; and
(B) in subsection (e)(2)—
38 USC 3108.
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120 STAT. 3466
PUBLIC LAW 109–461—DEC. 22, 2006
(i) in the second sentence, by striking ‘‘shall be
implemented no later than October 1, 2003, and’’; and
(ii) in the third sentence, by striking ‘‘, following
implementation of the schedule,’’.
(8) CITATION
CORRECTION.—Section 8111A(a)(2)(B)(i) is
amended by striking ‘‘Robert B.’’ and inserting ‘‘Robert T.’’.
(b) PUBLIC LAW 107–296.—Effective as of November 25, 2002,
section 1704(d) of the Homeland Security Act of 2002 (Public Law
107–296; 116 Stat. 2315) is amended—
(1) by striking ‘‘101(25)(d)’’ and inserting ‘‘101(25)(D)’’; and
(2) 
by 
striking 
‘‘3011(a)(1)(A)(ii)(II)’’ 
and 
inserting
‘‘3011(a)(1)(A)(ii)(III)’’.
SEC. 1005. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED
IN PUBLIC LAW 109–361.
(a) VETERANS’ DISABILITY COMPENSATION.—Section 1114 is
amended—
(1) in subsection (a), by striking ‘‘$112’’ and inserting
‘‘$115’’;
(2) in subsection (b), by striking ‘‘$218’’ and inserting
‘‘$225’’;
(3) in subsection (c), by striking ‘‘$337’’ and inserting
‘‘$348’’;
(4) in subsection (d), by striking ‘‘$485’’ and inserting
‘‘$501’’;
(5) in subsection (e), by striking ‘‘$690’’ and inserting
‘‘$712’’;
(6) in subsection (f), by striking ‘‘$873’’ and inserting ‘‘$901’’;
(7) in subsection (g), by striking ‘‘$1,099’’ and inserting
‘‘$1,135’’;
(8) in subsection (h), by striking ‘‘$1,277’’ and inserting
‘‘$1,319’’;
(9) in subsection (i), by striking ‘‘$1,436’’ and inserting
‘‘$1,483’’;
(10) in subsection (j), by striking ‘‘$2,393’’ and inserting
‘‘$2,471’’;
(11) in subsection (k)—
(A) by striking ‘‘$87’’ both places it appears and
inserting ‘‘$89’’; and
(B) by striking ‘‘$2,977’’ and ‘‘$4,176’’ and inserting
‘‘$3,075’’ and ‘‘$4,313’’, respectively;
(12) in subsection (l), by striking ‘‘$2,977’’ and inserting
‘‘$3,075’’;
(13) in subsection (m), by striking ‘‘$3,284’’ and inserting
‘‘$3,392’’;
(14) in subsection (n), by striking ‘‘$3,737’’ and inserting
‘‘$3,860’’;
(15) in subsections (o) and (p), by striking ‘‘$4,176’’ each
place it appears and inserting ‘‘$4,313’’;
(16) in subsection (r)—
(A) in paragraph (1), by striking ‘‘$1,792’’ and inserting
‘‘$1,851’’; and
(B) in paragraph (2), by striking ‘‘2,669’’ and inserting
‘‘$2,757’’; and
(17) in subsection (s), by striking ‘‘$2,678’’ and inserting
‘‘$2,766’’.
38 USC 3011.
38 USC 101.
38 USC 101 note.
Effective date.
38 USC 8111A.
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PUBLIC LAW 109–461—DEC. 22, 2006
(b) ADDITIONAL
COMPENSATION
FOR
DEPENDENTS.—Section
1115(1) is amended—
(1) in subparagraph (A), by striking ‘‘$135’’ and inserting
‘‘$139’’;
(2) in subparagraph (B), by striking ‘‘$233’’ and ‘‘$68’’ and
inserting ‘‘$240’’ and ‘‘$70’’, respectively;
(3) in subparagraph (C), by striking ‘‘$91’’ and ‘‘$68’’ and
inserting ‘‘$94’’ and ‘‘$70’’, respectively;
(4) in subparagraph (D), by striking ‘‘$109’’ and inserting
‘‘$112’’;
(5) in subparagraph (E), by striking ‘‘$257’’ and inserting
‘‘$265’’; and
(6) in subparagraph (F), by striking ‘‘$215’’ and inserting
‘‘$222’’.
(c) CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.—
Section 1162 is amended by striking ‘‘$641’’ and inserting ‘‘$662’’.
(d) DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING
SPOUSES.—
(1) NEW
LAW
DIC.—Subsection (a) of section 1311 is
amended—
(A) in paragraph (1), by striking ‘‘$1,033’’ and inserting
‘‘$1,067’’; and
(B) in paragraph (2), by striking ‘‘$221’’ and inserting
‘‘$228’’.
(2) OLD
LAW
DIC.—The table in paragraph (3) of such
subsection is amended to read as follows:
Pay grade
Monthly rate
Pay grade
Monthly
rate
E–1 .......................
$1,067
W–4 .....................
$1,276
E–2 .......................
$1,067
O–1 ......................
$1,128
E–3 .......................
$1,067
O–2 ......................
$1,165
E–4 .......................
$1,067
O–3 ......................
$1,246
E–5 .......................
$1,067
O–4 ......................
$1,319
E–6 .......................
$1,067
O–5 ......................
$1,452
E–7 .......................
$1,104
O–6 ......................
$1,637
E–8 .......................
$1,165
O–7 ......................
$1,768
E–9 .......................
$1,2151
O–8 ......................
$1,941
W–1 ......................
$1,128
O–9 ......................
$2,076
W–2 ......................
$1,172
O–10 ....................
$2,2762
W–3 ......................
$1,207
..............................
........................
1 If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor
of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, or Master Chief Petty Officer of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse’s rate shall be $1,312.
2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the
Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard,
at the applicable time designated by section 1302 of this title, the surviving
spouse’s rate shall be $2,443.
(3) ADDITIONAL DIC FOR CHILDREN OR DISABILITY.—Such
section is further amended—
(A) in subsection (b), by striking ‘‘$257’’ and inserting
‘‘$265’’;
38 USC 1115.
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PUBLIC LAW 109–461—DEC. 22, 2006
LEGISLATIVE HISTORY—S. 3421 (H.R. 5815):
HOUSE REPORTS: No. 109–643 accompanying H.R. 5815 (Comm. on Veterans’
Affairs).
SENATE REPORTS: No. 109–328 (Comm. on Veterans’ Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 26, considered and passed Senate.
Dec. 8, considered and passed House, amended. Senate concurred in House
amendments.
(B) in subsection (c), by striking ‘‘$257’’ and inserting
‘‘$265’’; and
(C) in subsection (d), by striking ‘‘$122’’ and inserting
‘‘$126’’.
(e) DEPENDENCY
AND INDEMNITY COMPENSATION
FOR CHIL-
DREN.—
(1) DIC WHEN NO SURVIVING SPOUSE.—Section 1313(a) is
amended—
(A) in paragraph (1), by striking ‘‘$438’’ and inserting
‘‘$452’’;
(B) in paragraph (2), by striking ‘‘$629’’ and inserting
‘‘$649’’;
(C) in paragraph (3), by striking ‘‘$819’’ and inserting
‘‘$846’’; and
(D) in paragraph (4), by striking ‘‘$819’’ and ‘‘$157’’
and inserting ‘‘$846’’ and ‘‘$162’’, respectively.
(2) SUPPLEMENTAL
DIC
FOR
CERTAIN
CHILDREN.—Section
1314 is amended—
(A) in subsection (a), by striking ‘‘$257’’ and inserting
‘‘$265’’;
(B) in subsection (b), by striking ‘‘$438’’ and inserting
‘‘$452’’; and
(C) in subsection (c), by striking ‘‘$218’’ and inserting
‘‘$225’’.
SEC. 1006. COORDINATION OF PROVISIONS WITH VETERANS PRO-
GRAMS EXTENSION ACT OF 2006.
(a) EARLIER ENACTMENT OF THIS ACT.—If this Act is enacted
before the Veterans Programs Extension Act of 2006 is enacted
into law, the Veterans Programs Extension Act of 2006, and the
amendments made by that Act, shall not take effect.
(b) EARLIER ENACTMENT OF VETERANS PROGRAMS EXTENSION
ACT OF 2006.—If this Act is enacted after the enactment of the
Veterans Programs Extension Act of 2006, then as of the date
of the enactment of this Act, the Veterans Programs Extension
Act of 2006 and the amendments made by that Act shall be deemed
for all purposes not to have taken effect and the Veterans Programs
Extension Act of 2006 and the amendments made by that Act
shall cease to be in effect.
Approved December 22, 2006.
38 USC 101 note,
101 et seq.
38 USC 1313.
VerDate 14-DEC-2004
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