“TEXT OF AMENDMENTS” published by Congressional Record on Feb. 27, 2014

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Volume 160, No. 33 covering the 2nd Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S1240-S1252 on Feb. 27, 2014.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2780. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 207, between lines 8 and 9, insert the following:

SEC. 446. PILOT PROGRAM ON TRAINING SMALL BUSINESS CONCERNS

OWNED AND CONTROLLED BY VETERANS ON FEDERAL

CONTRACTING.

(a) Pilot Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of providing training to eligible small businesses on contracting with the Federal Government for the procurement of property or services.

(b) Eligible Small Business.--For purposes of this section, an eligible small business is a small business concern owned and controlled by veterans that--

(1) has operated for not fewer than two years;

(2) has not fewer than three full-time equivalent employees; and

(3) has experience providing a property or service to the Federal Government as a contractor or subcontractor.

(c) Duration.--The pilot program required by subsection (a) shall be carried out during the five-year period beginning on the date of the commencement of the pilot program.

(d) Grants Required.--The Secretary shall carry out the pilot program required by subsection (a) through the award of one or more grants to one or more nonprofit organizations for the provision of instruction by professional service experts, government officials, and representatives of government agencies to eligible small businesses on contracting described in such subsection.

(e) Matching Requirement.--The Secretary may not make a grant to a nonprofit organization under this section unless the nonprofit organization agrees that, with respect to the costs to be incurred by the nonprofit organization in carrying out training for which the grant was awarded, the nonprofit organization will make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is equal to or great than the amount of the grant awarded.

(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2014 and each fiscal year thereafter through fiscal year 2018.

(g) Small Business Concern Owned and Controlled by Veterans Defined.--In this section, the term ``small business concern owned and controlled by veterans'' has the meaning given such term in section 8127 of title 38, United States Code.

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SA 2781. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 291, after line 21, add the following:

Subtitle E--Disability Compensation Generally

SEC. 641. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS

OF DISABILITY COMPENSATION FOR VETERANS WHO

SUBMIT APPLICATIONS FOR ORIGINAL CLAIMS THAT

ARE FULLY-DEVELOPED.

Section 5110(b)(2)(C) is amended by striking ``and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act''.

SEC. 642. PROVISIONAL BENEFITS AWARDED FOR FULLY DEVELOPED

CLAIMS PENDING FOR MORE THAN 180 DAYS.

(a) In General.--Chapter 53 is amended by adding at the end the following:

``Sec. 5319A. Provisional benefits awarded for fully developed claims pending for extended period

``(a) Provisional Awards Required.--For each application for disability compensation that is filed for an individual with the Secretary, that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal, and for which the Secretary has not made a decision, beginning on the date that is 180 days after the date on which such application is filed with the Secretary, the Secretary shall award the individual a provisional benefit under this section.

``(b) Provisional Awards Established.--A provisional benefit awarded pursuant to subsection (a) for a claim for disability compensation shall be for such monthly amount as the Secretary shall establish for each classification of disability claimed as the Secretary shall establish.

``(c) Recovery.--Notwithstanding any other provision of law, the Secretary may recover a payment of a provisional benefit awarded under this section for an application for disability compensation only--

``(1) in a case in which the Secretary awards the disability compensation for which the individual filed the application and the Secretary may only recover such provisional benefit by subtracting it from payments made for the disability compensation awarded; or

``(2) in a case in which the Secretary determines not to award the disability compensation for which the individual filed the application and the Secretary determines that the application was the subject of intentional fraud, misrepresentation, or bad faith on behalf of the individual.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 53 is amended by inserting after the item relating to section 5319 the following new item:

``5319A. Provisional benefits awarded for fully developed claims pending for extended period.''.

______

SA 2782. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 33, after line 18, add the following:

SEC. 207. ONE-YEAR EXTENSION OF VETERANS' ADVISORY COMMITTEE

ON EDUCATION.

Section 3692 is amended--

(1) in subsection (a)--

(A) by inserting ``31,'' after ``30,''; and

(B) by striking ``and the Persian Gulf War'' and inserting

``the Persian Gulf War, and the post-9/11 operations in Iraq and Afghanistan'';

(2) in subsection (b), by inserting ``31,'' after ``30,''; and

(3) in subsection (c), by striking ``December 31, 2014'' and inserting ``December 31, 2015''.

______

SA 2783. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 367, after line 14, add the following:

SEC. 918. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE

COVERAGE FOR ADVERSE REACTIONS TO VACCINATIONS

ADMINISTERED BY DEPARTMENT OF DEFENSE.

(a) In General.--Section 1980A(b)(3) is amended--

(1) by striking ``The Secretary'' and inserting ``(A) Except as provided in subparagraph (B), the Secretary''; and

(2) by adding at the end the following new subparagraph:

``(B) The Secretary shall not exclude under subparagraph

(A) a qualifying loss experienced by a member as a result of an adverse reaction to a vaccination administered by the Department of Defense, whether voluntarily or involuntarily, for the purposes of military accession, training, or deployment.''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the provisions of and amendments made by section 1032 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 257).

______

SA 2784. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 367, after line 14, add the following:

SEC. 918. AUTHORITY TO ENTER INTO ENHANCED-USE LEASES FOR

CERTAIN BUILDINGS OF THE DEPARTMENT OF VETERANS

AFFAIRS AT THE WEST LOS ANGELES MEDICAL CENTER,

CALIFORNIA.

(a) Authority.--

(1) In general.--Except as provided by subsection (b), in accordance with subchapter V of chapter 81 of title 38, United States Code, the Secretary of Veterans Affairs may enter into an enhanced-use lease for a covered building for the provision of long-term therapeutic housing for covered veterans.

(2) Rule of construction.--The authority provided by paragraph (1) is a specific authorization for purposes of section 8162(c) of such title.

(b) Prohibition on Disposition of Leased Property.--

(1) In general.--In accordance with section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (division I of Public Law 110-161; 121 Stat. 2272), section 8164 of title 38, United States Code, shall not apply to a covered building.

(2) Rule of construction.--Nothing in this section shall be construed to affect the prohibition under such section 224(a) on the disposal of a covered building.

(1) Review required.--Not less than once during each five-year period in which an enhanced-use lease is in effect under subsection (a), the Secretary of Veterans Affairs shall conduct a review of such lease, including by assessing each party that is entered into such lease and determining whether the terms of the lease are being upheld.

(2) Report required.--During each five-year period in which an enhanced-use lease is in effect under subsection (a), the Secretary shall submit to Congress a report on the review conducted under paragraph (1) with respect to such lease.

(d) Definitions.--In this section:

(1) Covered building.--The term ``covered building'' means any of the following buildings located at the West Los Angeles Medical Center, California:

(A) Building 205.

(B) Building 208.

(2) Covered veteran.--The term ``covered veteran'' means a veteran who is--

(A) homeless; and

(B) with respect to housing, requires assisted living or other similar form of care.

(3) Enhanced-use lease.--The term ``enhanced-use lease'' has the meaning given that term in section 8161 of title 38, United States Code.

(4) Long-term therapeutic housing.--The term ``long-term therapeutic housing'' means supportive housing consisting of clinically supportive living facilities that provide housing to a homeless veteran for a period that is sufficient for the veteran to achieve stability and require a lower level of care than is provided at such facilities.

______

SA 2785. Mr. REED (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IX, add the following:

SEC. 918. PILOT PROGRAM TO REHABILITATE AND MODIFY HOMES OF

DISABLED AND LOW-INCOME VETERANS.

(a) Definitions.--In this section:

(1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code.

(2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran.

(3) Energy efficient features or equipment.--The term

``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures.

(4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary.

(5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is--

(A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and

(B) exempt from tax under section 501(a) of such Code.

(6) Primary residence.--

(A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran.

(B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes--

(i) a spouse, child, grandchild, parent, or sibling;

(ii) a spouse of such a child, grandchild, parent, or sibling; or

(iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship.

(7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals.

(8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

(9) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code.

(10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

(b) Establishment of a Pilot Program.--

(1) Grant.--

(A) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans.

(B) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans.

(C) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization.

(2) Application.--

(A) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require.

(B) Contents.--Each application submitted under subparagraph (A) shall include--

(i) a plan of action detailing outreach initiatives;

(ii) the approximate number of veterans the qualified organization intends to serve using grant funds;

(iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and

(iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs.

(C) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization--

(i) with experience in providing housing rehabilitation and modification services for disabled veterans; or

(ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural, including tribal, areas (the Secretary, through regulations, shall define the term ``rural areas'').

(3) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria:

(A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals.

(B) Have established outreach initiatives that--

(i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program;

(ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and

(iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work.

(i) nonprofit organizations; and

(ii) able to provide housing rehabilitation and modification services for eligible veterans.

(D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities.

(4) Use of funds.--A grant award under the pilot program shall be used--

(A) to modify and rehabilitate the primary residence of an eligible veteran, and may include--

(i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms

(which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to--

(I) accommodate the functional limitations that result from having a disability; or

(II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling;

(ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and

(iii) installing energy efficient features or equipment if--

(I) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and

(II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and

(B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program.

(5) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans.

(6) Matching funds.--

(A) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization.

(B) In-kind contributions.--In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions.

(7) Limitation cost to the veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month.

(8) Reports.--

(A) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written--

(i) the number of eligible veterans provided assistance under the pilot program;

(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity;

(iii) the total number, types, and locations of entities contracted under such program to administer the grant funding;

(iv) the amount of matching funds and in-kind contributions raised with each grant;

(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program;

(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program;

(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program;

(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and

(ix) any other information that the Secretary considers relevant in assessing such program.

(B) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program.

(C) Inspector general report.--Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of--

(i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and

(ii) oversight and accountability of grantees under the pilot program.

(9) Authorization of appropriations.--There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019.

______

SA 2786. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 310, strike line 21 and all that follows through page 311, line 13, and insert the following:

(b) Making Permanent Extended Period of Protections for Members of Uniformed Services Relating to Mortgages, Mortgage Foreclosure, and Eviction.--Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1208) is amended by striking paragraphs (1) and (3).

______

SA 2787. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 76, between lines 8 and 9, insert the following:

SEC. 330. COMPTROLLER GENERAL CERTIFICATION REQUIRED BEFORE

CLOSURE OF MEDICAL CENTERS OF DEPARTMENT OF

VETERANS AFFAIRS.

(a) In General.--The Secretary of Veterans Affairs may not close any medical center of the Department of Veterans Affairs unless and until the Comptroller General of the United States makes the certification described in subsection

(b) with respect to such medical center and submits such certification to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.

(b) Certification.--The certification described in this subsection is a certification that the Comptroller General has determined, pursuant to subsection (c), that the effect of the closure of the medical center described in subsection

(a) on the provision of care to veterans in the catchment area of such medical center does not outweigh the budget savings to the Department resulting from such closure.

(1) In general.--With respect to a proposed closure of a medical center of the Department, the Comptroller General shall determine whether the effect of such closure on the provision of care to veterans in the catchment area of such medical center outweighs the budget savings to the Department resulting from such closure.

(2) Considerations.--In making the determination described in paragraph (1), the Comptroller General shall consider the potential effect of such closure on the following:

(A) The quality of care provided to veterans in the catchment area of such medical center.

(B) The access of such veterans to specialized health care services.

(C) The access of such veterans to residential rehabilitation treatment programs of the Department and other inpatient care.

(D) Distances required to be traveled by such veterans to receive inpatient and outpatient care.

(E) The access of such veterans that are members of Indian tribes (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) to medical care.

______

SA 2788. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 38, after line 22, add the following:

(d) Effective Date.--This section and the amendments made by this section shall take effect on the date that the Secretary of Veterans Affairs submits to Congress a certification that--

(1) during the 180-day period ending on the date on which the Secretary submits such certification to Congress, no individual who has filed a claim with the Secretary for compensation under chapter 11 of title 38, United States Code--

(A) is currently waiting for an adjudication of such claim; and

(B) has been waiting for an adjudication of such claim for a period of 125 days or more; and

(2) the Secretary has carried out the major medical facility leases described in section 381.

______

SA 2789. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 161, after line 25, insert the following:

SEC. 407. GRANTS FOR EMERGENCY MEDICAL SERVICES PERSONNEL

TRAINING FOR VETERANS.

Section 330J(c) of the Public Health Service Act (42 U.S.C. 254c-15(c)) is amended--

(1) in paragraph (7), by striking ``and'' at the end;

(2) in paragraph (8), by striking the period and inserting

``; or''; and

(3) by adding at the end the following:

``(9) furnish coursework and training to veterans to enable such veterans to satisfy emergency medical services personnel certification requirements, as determined by the appropriate State regulatory entity, except that in providing such coursework and training, such entity shall take into account previous medical coursework and training received when such veterans were members of the Armed Forces on active duty.''.

______

SA 2790. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 76, between lines 8 and 9, insert the following: SEC. 330. DESIGNATION OF MEDICAL FACILITIES OF THE DEPARTMENT

OF VETERANS AFFAIRS AS HEALTH PROFESSIONAL

SHORTAGE AREAS.

(a) Designation as Health Professional Shortage Area.--Section 332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is amended in the second sentence by inserting

``and medical facilities of the Department of Veterans Affairs (including State homes, as defined in section 101(19) of title 38, United States Code)'' after ``(42 U.S.C. 1395x(aa)),''.

(b) Concurrent Benefit.--

(1) Scholarship program.--Section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b)) is amended--

(A) in paragraph (3), by striking ``and'';

(B) in paragraph (4), by striking the period and inserting

``; and''; and

``(5) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code.''.

(2) Debt reduction program.--Section 338B(b) of the Public Health Service Act (42 U.S.C. 2541-1(b)) is amended--

(A) in paragraph (2), by striking ``and'';

(B) in paragraph (3), by striking the period and inserting

``; and''; and

``(4) not be participating in the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code.''.

(c) Consultation.--In carrying out the National Health Service Corps Program under subpart II of part D of title III of the Public Health Service Act (42 U.S.C. 254d et seq.), the Secretary of Health and Human Services shall consult with the Secretary of Veterans Affairs with respect to health professional shortage areas that are medical facilities of the Department of Veterans Affairs (including State homes, as defined in section 101(19) of title 38, United States Code).

(d) Effective Date.--The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.

______

SA 2791. Mrs. SHAHEEN (for herself and Ms. Ayotte) submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 76, between lines 8 and 9, insert the following:

SEC. 329A. REPORT ON ABILITY OF VETERANS HEALTH

ADMINISTRATION TO MEET PATIENT ACCESS STANDARDS

FOR NORTHERN MARKET OF NEW ENGLAND HEALTH CARE

SYSTEM.

Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans affairs shall submit to Congress a report on the findings of the Secretary with respect to the Secretary's review of the ability of the Veterans Health Administration to meet patient access standards for the northern market of the Department of Veterans Affairs New England Health Care System, particularly with respect to Coos County, New Hampshire.

______

SA 2792. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 291, after line 21, add the following:

SEC. 633. MINIMUM NUMBER OF DECISION REVIEW OFFICERS

STATIONED AT REGIONAL OFFICES.

The Secretary of Veterans Affairs shall ensure that at least two decision review officers of the Department of Veterans Affairs are stationed at each regional office of the Veterans Benefits Administration.

SEC. 634. EXPANSION OF PROGRAM OF FINANCIAL ASSISTANCE FOR

SUPPORT OF PROGRAMS THAT FURNISH LEGAL

ASSISTANCE.

The Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of

``Operation Desert Shield/Dessert Storm'' Act of 1992 (Public Law 102-229) is amended under the heading ``salaries and expenses'' under the heading ``Court of Veterans Appeals'' under the heading ``INDEPENDENT AGENCIES'' by inserting ``or in connection with decisions to which section 7104 of such title may apply, or with other proceedings of the Board of Veterans' Appeals,'' after ``proceedings in the Court,''.

SEC. 635. REPORT ON INCREASING NUMBER OF DECISION REVIEW

OFFICERS.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of increasing the number of decision review officers employed by the Department of Veterans Affairs to a number that is equal to or greater than the number that is 25 percent bigger than the number of decision review officers that were employed by the Department on the day before the date of the enactment of this Act. Such report shall include an assessment of the expected cost and effect of such increase on the processing of appeals of decisions of the Secretary with respect to claims for benefits under laws administered by the Secretary.

SEC. 636. REPORT ON INCREASING NUMBER OF MEMBERS OF BOARD OF

VETERANS' APPEALS.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of increasing the number of members of the Board of Veterans' Appeals to 75. Such report shall include an assessment of the expected cost and effect of such expansion on the processing of appeals of decisions of the Secretary with respect to claims for benefits under laws administered by the Secretary.

______

SA 2793. Mrs. SHAHEEN (for herself and Ms. Ayotte) submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 76, between lines 8 and 9, insert the following:

SEC. 330. AVAILABILITY OF FULL-SERVICE DEPARTMENT OF VETERANS

AFFAIRS MEDICAL CENTERS IN CERTAIN STATES OR

PROVISION OF COMPARABLE SERVICES THROUGH

CONTRACT WITH OTHER HEALTH CARE PROVIDERS IN

THE STATE.

(a) In General.--Chapter 17 is amended by inserting after section 1706 the following new section:

``Sec. 1706A. Management of health care: access to full-

service Department medical centers in certain States or comparable services through contract

``(a) Requirement.--With respect to each of the 48 contiguous States, the Secretary shall ensure that veterans in a State who are eligible for hospital care and medical services under section 1710 of this title have access--

``(1) to at least one full-service Department medical center in such State; or

``(2) to hospital care and medical services comparable to the services typically provided by full-service Department medical centers through contract with other health care providers in such State.

``(b) Rule of Construction.--Nothing in subsection (a) shall be construed to limit the ability of the Secretary to provide enhanced care to an eligible veteran who resides in one State in a Department medical center in another State.

``(c) Limitation on Requirement.--Subsection (a) shall be effective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.

``(d) Full-Service Department Medical Center Defined.--In this section, the term `full-service Department medical center' means a facility of the Department that provides medical services, including hospital care, emergency medical services, and surgical care rated by the Secretary as having a surgical complexity level of standard.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1706 the following new item:

``1706A. Management of health care: access to full-service

Department medical centers in certain States or comparable services through contract.''.

(c) Report on Implementation.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the extent to which the Secretary has complied with the requirement imposed by section 1706A of title 38, United States Code, as added by subsection (a), including the effect of compliance with such requirement on improving the quality and standards of care provided to veterans.

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SA 2794. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title IV, add the following:

SEC. 416. EMPLOYEE PAYROLL TAX HOLIDAY FOR NEWLY HIRED

VETERANS.

(a) In General.--Subsection (d) of section 3111 of the Internal Revenue Code of 1986 is amended to read as follows:

``(d) Special Exemption for Eligible Veterans Hired During Certain Calendar Quarters.--

``(1) In general.--Subsection (a) shall not apply to 50 percent of the wages paid by the employer with respect to employment during the holiday period of any eligible veteran for services performed--

``(A) in a trade or business of the employer, or

``(B) in the case of an employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under such section.

``(2) Holiday period.--For purposes of this subsection, the term `holiday period' means the period of 4 consecutive calendar quarters beginning with the first day of the first calendar quarter beginning after the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 .

``(3) Eligible veteran.--For purposes of this subsection--

``(A) In general.--The term `eligible veteran' means a veteran who--

``(i) begins work for the employer during the holiday period,

``(ii) was discharged or released from the Armed Forces of the United States under conditions other than dishonorable, and

``(iii) is not an individual described in section 51(i)(1)

(applied by substituting `employer' for `taxpayer' each place it appears).

``(B) Veteran.--The term `veteran' means any individual who--

``(i) has served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 days, or has been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability (within the meaning of section 101 of title 38, United States Code),

``(ii) has not served on extended active duty (as such term is used in section 51(d)(3)(B)) in the Armed Forces of the United States on any day during the 60-day period ending on the hiring date, and

``(iii) provides to the employer a copy of the individual's DD Form 214, Certificate of Release or Discharge from Active Duty, that includes the nature and type of discharge.

``(4) Election.--An employer may elect not to have this subsection apply. Such election shall be made in such manner as the Secretary may require.

``(5) Coordination with work opportunity credit.--For coordination with the work opportunity credit, see section 51(3)(D).''.

(b) Coordination With Work Opportunity Credit.--

(1) In general.--Paragraph (3) of section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

``(D) Denial of credit for veterans subject to 50 percent payroll tax holiday.--If section 3111(d)(1) (as amended by the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014) applies to any wages paid by an employer, the term `qualified veteran' does not include any individual who begins work for the employer during the holiday period (as defined in section 3111(d)(2)) unless the employer makes an election not to have section 3111(d) apply.''.

(2) Conforming amendment.--Subsection (c) of section 51 of such Code is amended by striking paragraph (5).

At the end of subtitle E of title IV, add the following:

SEC. 446. PERMANENT SBA EXPRESS LOAN GUARANTY FEE WAIVER FOR

VETERANS.

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--

(1) in paragraph (18)(A), by striking ``With respect'' and inserting ``Except as provided in paragraph (31), with respect''; and

(2) in paragraph (31), adding at the end the following:

``(G) Guarantee fee waiver for veterans.--The Administrator may not assess a guarantee fee under paragraph (18) in connection with a loan made under this paragraph to a veteran on or after October 1, 2014.''.

SEC. 447. REPORT ON FINANCIAL PLANNING AND COUNSELING FOR

OWNERS OF SMALL BUSINESS CONCERNS IN THE

NATIONAL GUARD AND RESERVES.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report assessing the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment.

(b) Definitions.--In this section--

(1) the term ``reserve component'' means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; and

(2) the term ``small business concern'' has the meaning given the term under section 3(a) of the Small Business Act

(15 U.S.C. 632(a)).

SEC. 448. REPORT ON THE MILITARY RESERVISTS ECONOMIC INJURY

DISASTER LOAN PROGRAM.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report on the Military Reservists Economic Injury Disaster Loan Program (in this section referred to as the ``program'') authorized under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)), which shall include--

(1) a discussion of the outreach efforts of the Small Business Administration to increase participation in the program;

(2) the number of loans made under the program;

(3) an analysis of the effectiveness of the program; and

(4) recommendations for improving the program.

______

SA 2795. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 61, between lines 5 and 6, insert the following:

SEC. 314. SPECIAL CHANGE IN STATUS RULE FOR EMPLOYEES WHO

BECOME ELIGIBLE FOR TRICARE.

(a) In General.--Subsection (g) of section 125 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(5) Change in status relating to tricare eligibility.--For purposes of this section, if a cafeteria plan permits an employee to revoke an election during a period of coverage and to make a new election based on a change in status event, an event that causes the employee to become eligible for coverage under the TRICARE program shall be treated as a change in status event.''.

(b) Effective Date.--The amendment made by this section shall apply to events occurring after the date of the enactment of this Act.

______

SA 2796. Mr. BENNET (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IV, add the following:

SEC. 407. AUTHORITY TO INCREASE AVAILABILITY OF PRIVATE

SECTOR ON-JOB TRAINING PROGRAMS.

During the four-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out section 3677(b)(1)(A) of title 38, United States Code, by substituting ``75 per centum'' for ``85 per centum''.

SEC. 408. ON-JOB TRAINING AT FEDERAL DEPARTMENTS AND

AGENCIES.

Beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into agreements with the heads of other Federal departments and agencies to operate programs of training on the job under section 3677 of title 38, United States Code, to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program.

______

SA 2797. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 367, after line 14, add the following:

SEC. 918. SENSE OF CONGRESS ON REVIEW OF DISCHARGE STATUS OF

VIETNAM ERA VETERANS WITH POST TRAUMATIC STRESS

DISORDER WHO WERE DISCHARGED UNDER CONDITIONS

OTHER THAN HONORABLE.

(a) In General.--It is the sense of Congress that individuals who served in the active military, naval, or air service during the Vietnam era, who have a service-connected post traumatic stress disorder, who were discharged or released from such service under conditions other than honorable, and who are now upstanding members in their communities, should have their less than honorable discharge or release reviewed by the applicable board for the correction of military records.

(b) Definitions.--In this section, the terms ``active military, naval, or air service'', ``service-connected'', and

``Vietnam era'' have the meanings given such terms in section 101 of title 38, United States Code.

______

SA 2798. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 33, after line 18, add the following:

SEC. 207. REPEAL OF TIME LIMITATIONS ON USE OF EDUCATIONAL

ASSISTANCE UNDER ALL-VOLUNTEER FORCE

EDUCATIONAL ASSISTANCE PROGRAM.

(a) In General.--Section 3031 is amended by adding at the end the following new subsection:

``(i)(1) Notwithstanding subsections (a) through (g) and any other provision of law, the period during which a covered individual entitled to educational assistance under this chapter may use such covered individual's entitlement shall not end until the date that is 10 years after the date on which such covered individual begins using such benefit.

``(2) For purposes of this subsection, a covered individual is any individual--

``(A) whose basic pay was reduced under paragraph (1) of section 3011(b) of this title; or

``(B) with respect to whom an amount was collected under paragraph (2) of such section.''.

(b) Conforming Amendment.--Section 3020(f) is amended by adding at the end the following new paragraph:

``(4) Subsection (i) of section 3031 of this title shall not apply for purposes of this subsection.''.

(c) Effective Date.--Subsection (i) of section 3031, as added by subsection (a), and paragraph (4) of section 3020(f), as added by subsection (b), shall apply as if such subsection and such paragraph had been enacted immediately after the enactment of the Veterans' Educational Assistance Act of 1984 (Public Law 98-525; 98 Stat. 2553).

SEC. 208. VETERANS EDUCATION OUTREACH PROGRAM.

(a) Establishment.--Chapter 36 is amended by adding at the end of subchapter II the following new section:

``Sec. 3697B. Veterans education outreach program

``(a) In General.--The Secretary shall provide funding for offices of veterans affairs at institutions of higher learning (as defined in section 3452(f) of this title) in accordance with this section.

``(b) Payments to Institutions of Higher Learning.--(1)(A) The Secretary shall, subject to the availability of appropriations, make payments to any institution of higher learning, under and in accordance with this section, during any fiscal year if the number of persons eligible for services from offices assisted under this section at the institution is at least 50, determined in the same manner as the number of eligible veterans or eligible persons is determined under section 3684(c) of this title.

``(B) The persons who are eligible for services from the offices assisted under this section are persons receiving educational assistance administered by the Department, including assistance provided under chapter 1606 of title 10.

``(2) To be eligible for a payment under this section, an institution of higher learning or a consortium of institutions of higher learning, as described in paragraph

(3), shall submit an application to the Secretary. The application shall--

``(A) set forth such policies, assurances, and procedures that will ensure that--

``(i) the funds received by the institution, or each institution in a consortium of institutions described in paragraph (3), under this section will be used solely to carry out this section;

``(ii) for enhancing the functions of its veterans education outreach program, the applicant will expend, during the academic year for which a payment is sought, an amount equal to at least the amount of the award under this section from sources other than this or any other Federal program; and

``(iii) the applicant will submit to the Secretary such reports as the Secretary may require or as are required by this section;

``(B) contain such other statement of policies, assurances, and procedures as the Secretary may require in order to protect the financial interests of the United States;

``(C) set forth such plans, policies, assurances, and procedures as will ensure that the applicant will maintain an office of veterans' affairs which has responsibility for--

``(i) veterans' certification, outreach, recruitment, and special education programs, including the provision of or referral to educational, vocational, and personal counseling for veterans; and

``(ii) providing information regarding other services provided veterans by the Department, including the readjustment counseling program authorized under section 1712A of this title and the programs carried out under chapters 41 and 42 of this title; and

``(D) be submitted at such time or times, in such manner, in such form, and contain such information as the Secretary determines necessary to carry out the functions of the Secretary under this section.

``(3) An institution of higher learning which is eligible for funding under this section and which the Secretary determines cannot feasibly carry out, by itself, any or all of the activities set forth in paragraph (2)(C), may carry out such program or programs through a consortium agreement with one or more other institutions of higher learning in the same community.

``(4) The Secretary shall not approve an application under this subsection unless the Secretary determines that the applicant will implement the requirements of paragraph (2)(C) within the first academic year during which it receives a payment under this section.

``(c) Amount of Payments.--(1)(A) Subject to subparagraph

(B), the amount of the payment which any institution shall receive under this section for any fiscal year shall be $100 for each person who is described in subsection (b)(1)(B).

``(B) The maximum amount of payments to any institution of higher learning, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year is

$150,000.

``(2)(A)(i) The Secretary shall pay to each institution of higher learning which has had an application approved under subsection (b) the amount which it is to receive under this section.

``(ii) If the amount appropriated for any fiscal year is not sufficient to pay the amounts which all such institutions are to receive, the Secretary shall ratably reduce such payments.

``(iii) If any amount becomes available to carry out this section for a fiscal year after such reductions have been imposed, such reduced payments shall be increased on the same basis as they were reduced.

``(B) In making payments under this section for any fiscal year, the Secretary shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in paragraph

(1)(B), in an equitable manner.

``(d) Coordination and Provision of Assistance, Technical Consultation, and Information.--The Secretary, in carrying out the provisions of this section, shall seek to assure the coordination of programs assisted under this section with other programs carried out by the Department pursuant to this title, and the Secretary shall provide all assistance, technical consultation, and information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted under this section.

``(e) Best Practices and Administration.--(1) From the amounts made available for any fiscal year under subsection

(f), the Secretary shall retain one percent or $20,000, whichever is less, for the purpose of collecting information about exemplary veterans educational outreach programs and disseminating that information to other institutions of higher learning having such programs on their campuses. Such collection and dissemination shall be done on an annual basis.

``(2) From the amounts made available under subsection (f), the Secretary may retain not more than two percent for the purpose of administering this section.

``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2014 and each fiscal year thereafter.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3697A the following new item:

``3697B. Veterans education outreach program.''.

______

SA 2799. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 367, after line 14, insert the following:

TITLE X--DISCRIMINATION ON THE BASIS OF MILITARY SERVICE

SEC. 1001. DISCRIMINATION ON THE BASIS OF MILITARY SERVICE.

(a) Definitions.--In this section:

(1) Civil rights definitions.--The terms ``complaining party'', ``demonstrates'', ``employee'', ``employer'',

``employment agency'', ``labor organization'', ``person'',

``respondent'', and ``State'' have the meanings given the terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).

(2) Member of the uniformed services.--The term ``member of the uniformed services'' means an individual who--

(A) is a member of--

(i) the uniformed services (as defined in section 101 of title 10, United States Code); or

(ii) the National Guard in State status under title 32, United States Code; or

(B) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable.

(3) Military service.--The term ``military service'' means status as a member of the uniformed services.

(b) Employer Practices.--It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment, because of such individual's military service; or

(2) to limit, segregate, or classify the employer's employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of such individual's military service.

(c) Employment Agency Practices.--It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise discriminate against, any individual because of the individual's military service, or to classify or refer for employment any individual on the basis of the individual's military service.

(d) Labor Organization Practices.--It shall be an unlawful employment practice for a labor organization--

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the individual's military service;

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment, because of such individual's military service; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(e) Training Programs.--It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the individual's military service in admission to, or employment in, any program established to provide apprenticeship or other training.

(f) Businesses or Enterprises With Personnel Qualified on Basis of Military Service.--Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's military service in those certain instances where military service is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

(g) National Security.--Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if--

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Seniority or Merit System; Quantity or Quality of Production; Ability Tests.--Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of military service, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of military service.

(i) Preferential Treatment Not To Be Granted on Account of Existing Number or Percentage Imbalance.--Nothing contained in this section shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this section to grant preferential treatment to any individual or to any group because of the military service of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with military service employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons with military service in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

(j) Burden of Proof in Disparate Impact Cases.--

(1) Disparate impact.--

(A) Establishment.--An unlawful employment practice based on disparate impact is established under this section only if--

(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

(B) Demonstration of causation.--

(i) Particular employment practices.--With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

(ii) Demonstration of noncausation.--If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

(C) Alternative employment practice.--The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of ``alternative employment practice''.

(2) Business necessity no defense to intentional discrimination.--A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this section.

(3) Rules concerning controlled substances.--Notwithstanding any other provision of this section, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in section 102(6) of the Controlled Substances Act

(21 U.S.C. 802(6)) and included in schedule I or II of the schedules specified in that section, other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act (21 U.S.C. 801 et seq.) or any other provision of Federal law, shall be considered an unlawful employment practice under this section only if such rule is adopted or applied with an intent to discriminate because of military service.

(k) Prohibition of Discriminatory Use of Test Scores.--It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of military service.

(l) Impermissible Consideration of Military Service in Employment Practices.--Except as otherwise provided in this section, an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated the practice.

(m) Resolution of Challenges to Employment Practices Implementing Litigated or Consent Judgments or Orders.--

(1) Practices not challengeable.--

(A) Practices to implement a litigated or consent judgment or order.--Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

(B) Circumstances.--A practice described in subparagraph

(A) may not be challenged in a claim under the Constitution or Federal civil rights laws--

(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had--

(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

(II) a reasonable opportunity to present objections to such judgment or order; or

(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

(2) Rule of construction.--Nothing in this subsection shall be construed to--

(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

(D) authorize or permit the denial to any person of the due process of law required by the Constitution.

(3) Court for actions that are challengeable.--Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph

(1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of title 28, United States Code.

(n) Discrimination for Making Charges, Testifying, Assisting, or Participating in Enforcement Proceedings.--It shall be an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, individuals, or member involved has opposed any practice made an unlawful employment practice by this section, or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

(o) Printing or Publication of Notices or Advertisements.--It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on military service, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on military service when military service is a bona fide occupational qualification for employment.

(p) Exemptions.--

(1) Inapplicability of title to certain aliens.--This section shall not apply to an employer with respect to the employment of aliens outside any State.

(2) Compliance with statute as violation of foreign law.--It shall not be unlawful under this section for an employer

(or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

(3) Control of corporation incorporated in foreign country.--

(A) In general.--If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by this section engaged in by such corporation shall be presumed to be engaged in by such employer.

(B) Foreign person not controlled by employer.--This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

(C) Control.--For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on--

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor relations; and

(iv) the common ownership or financial control,

of the employer and the corporation.

(4) Claims of no military service.--Nothing in this section shall provide the basis for a claim by an individual without military service that the individual was subject to discrimination because of the individual's lack of military service.

(q) Posting Notices.--Every employer, employment agency, labor organization, or joint labor-management committee covered under this section shall post notices to applicants, employees, and members describing the applicable provisions of this section, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).

(r) Regulations.--Not later than 90 days after the date of enactment of this Act, the Commission shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 of title 5, United States Code.

(s) Enforcement.--The powers, remedies, and procedures set forth in sections 705, 706, 707, 708, 709, 710, and 712 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-7, 2000e-8, 2000e-9, and 2000e-11) shall be the powers, remedies, and procedures this section provides to the Equal Employment Opportunity Commission, to the Attorney General, or to any person alleging discrimination on the basis of military service in violation of any provision of this section, or regulations promulgated under subsection

(r), concerning employment.

SEC. 1002. ENDING HOUSING DISCRIMINATION AGAINST MEMBERS OF

THE UNIFORMED SERVICES.

(a) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following:

``(p) `Member of the uniformed services' means an individual who--

``(1) is a member of--

``(A) the uniformed services (as defined in section 101 of title 10, United States Code); or

``(B) the National Guard in State status under title 32, United States Code; or

``(2) was discharged or released from service in the uniformed services (as so defined) or the National Guard in such status under conditions other than dishonorable.''.

(b) Discrimination in the Sale or Rental of Housing and Other Prohibited Practices.--Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended--

(1) in subsection (a), by inserting ``or because the person is a member of the uniformed services'' after ``national origin'';

(2) in subsection (b), by inserting ``or because the person is a member of the uniformed services'' after ``national origin'';

(3) in subsection (c), by inserting ``or because a person is a member of the uniformed services,'' after ``national origin,''; and

(4) in subsection (d), by inserting ``, or because the person is a member of the uniformed services,'' after

``national origin''.

(c) Discrimination in Residential Real Estate-Related Transactions.--Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended--

(1) in subsection (a), by inserting ``or because the person is a member of the uniformed services'' after ``national origin''; and

(2) in subsection (c), by striking ``, or familial status'' and inserting ``familial status, or whether a person is a member of the uniformed services''.

(d) Discrimination in the Provision of Brokerage Services.--Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting ``or because a person is a member of the uniformed services'' after ``national origin''.

(e) Religious Organization or Private Club Exemption.--Section 807(a) of the Fair Housing Act (42 U.S.C. 3607(a)) is amended, in the first sentence by inserting ``or to persons who are not members of the uniformed services'' after

``national origin''.

(f) Administration.--Section 808(e)(6) of the Fair Housing Act (42 U.S.C. 3608(e)(6)) is amended, in the first sentence, by inserting ``(including whether such persons and households are or include a member of the uniformed services)'' after

``persons and households''.

(g) Prevention of Discrimination.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended--

(1) in subsection (a), by inserting ``, or because the person is a member of the uniformed services (as such term is defined in section 802 of this Act),'' after ``national origin'';

(2) in subsection (b)(1), by inserting ``or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act),'' after ``national origin,''; and

(3) in subsection (c), by inserting ``or because a person is a member of the uniformed services (as such term is defined in section 802 of this Act),'' after ``national origin,''.

(h) Rule of Construction.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by adding at the end the following:

``SEC. 821. RULE OF CONSTRUCTION RELATING TO THE TREATMENT OF

MEMBERS OF THE UNIFORMED SERVICES.

``(a) Rule of Construction.--Nothing in this Act may be construed to prohibit any person from--

``(1) making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a member of the uniformed services; or

``(2) selling or renting a dwelling only to members of the uniformed services.

``(b) Definition.--For purposes of this section, the term

`benefit' includes a term, condition, privilege, promotion, discount, or other favorable treatment (including an advertisement for such treatment) having the purpose or effect of providing an advantage to a member of the uniformed services.''.

SEC. 1003. EFFECTIVE DATE.

This title shall become effective 120 days after the date of enactment of this Act.

______

SA 2800. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 155, between lines 2 and 3, insert the following:

Subtitle I--Diagnosis, Treatment, and Research on Exposure to Toxic

Substances

SEC. 391. DEFINITIONS.

In this subtitle:

(1) Armed force.--The term ``Armed Force'' means the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, including the reserve components thereof.

(2) Descendant.--The term ``descendant'' means, with respect to an individual, the biological child, grandchild, or great-grandchild of that individual.

(3) Toxic substance.--The term ``toxic substance'' shall have the meaning given that term by the Secretary of Veterans Affairs and shall include all substances that have been proven by peer reviewed scientific research or a preponderance of opinion in the medical community to lead to disabilities related to the exposure of an individual to those substances while serving as a member of the Armed Forces.

(4) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code.

SEC. 392. NATIONAL CENTER FOR THE DIAGNOSIS, TREATMENT, AND

RESEARCH OF HEALTH CONDITIONS OF THE

DESCENDANTS OF INDIVIDUALS EXPOSED TO TOXIC

SUBSTANCES DURING SERVICE IN THE ARMED FORCES.

(a) National Center.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall select a medical center of the Department of Veterans Affairs to serve as the national center for the diagnosis, treatment, and research of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure

(in this section referred to as the ``Center'').

(2) Criteria for selection.--The Center shall be selected under paragraph (1) from among medical centers of the Department with expertise in diagnosing and treating functional and structural birth defects and caring for individuals exposed to toxic substances, or that are affiliated with research medical centers or teaching hospitals with such expertise, that seek to be selected under this section.

(b) Functions.--

(1) Diagnosis and treatment.--

(A) In general.--The Center may diagnose and treat, without charge, each patient for whom the Secretary of Veterans Affairs has made the following determinations:

(i) The patient is a descendant of an individual who served as a member of the Armed Forces.

(ii) The individual was exposed to a toxic substance while serving as a member of the Armed Forces.

(iii) The patient is afflicted with a health condition that is determined by the advisory board established in section 393 to be a health condition that results from the exposure of that individual to that toxic substance.

(B) Treatment.--Treatment under this section is limited to treatment of health conditions for which the advisory board established in section 393 has made a determination described in subparagraph (A)(iii).

(C) Additional diagnosis and treatment.--Nothing in this section shall preclude a patient from receiving additional diagnosis or treatment at the Center or another facility of the Department in connection with other health conditions or benefits to which the individual is entitled under laws administered by the Secretary.

(D) Recommendations for future treatment.--Recommendations for future treatment of a patient shall be transmitted to a primary care provider for that patient, with follow-up consultations with the Center scheduled as appropriate.

(E) Use of records.--

(i) In general.--The Secretary of Defense or the head of a Federal agency may make available to the Secretary of Veterans Affairs for review records held by the Department of Defense, an Armed Force, or that Federal agency, as appropriate, that might assist the Secretary of Veterans Affairs in making the determinations required by subparagraph

(A).

(ii) Mechanism.--The Secretary of Veterans Affairs and the Secretary of Defense or the head of the appropriate Federal agency may jointly establish a mechanism for the availability and review of records by the Secretary of Veterans Affairs under clause (i).

(2) Research.--The Center may conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure.

(c) Social Workers.--The Center shall employ not less than one licensed clinical social worker to coordinate access of patients to appropriate Federal, State, and local social and healthcare programs and to handle case management.

(d) Reimbursement for Necessary Travel and Room and Board.--The Center may reimburse any parent, guardian, spouse, or sibling who accompanies a patient diagnosed or treated pursuant to this section for the reasonable cost of--

(1) travel to the Center for diagnosis or treatment of the patient pursuant to this section; and

(2) room and board during the period in which the patient is undergoing diagnosis or treatment at the Center pursuant to this section.

(e) Report.--Not less frequently than annually, the Center shall submit a report to Congress that includes the following:

(1) A summary of the extent and nature of care provided pursuant to this section.

(2) A summary of the research efforts of the Center under this section that have been completed within the previous year and that are ongoing as of the date of the submission of the report under this subsection.

SEC. 393. ADVISORY BOARD.

(a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory board (in this section referred to as the ``Advisory Board'') to advise the center established under section 392, to determine which health conditions result from exposure to toxic substances, and to study and evaluate cases of exposure of current and former members of the Armed Forces to toxic substances if such exposure is related the service of the member in the Armed Forces.

(b) Membership.--

(1) Composition.--Not later than 150 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services and other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select not less than 13 members of the Advisory Board, of whom--

(A) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986;

(B) not less than one shall be--

(i) a descendant of an individual who was exposed to toxic substances while serving as a member of the Armed Forces and the descendant has manifested a birth defect or functional disability as a result of the exposure of that individual; or

(ii) a parent, child, or grandchild of that descendant; and

(i) health professionals, scientists, and academics with expertise in--

(I) birth defects;

(II) developmental disabilities;

(III) epigenetics;

(IV) public health;

(V) the science of environmental exposure or environmental exposure assessment; or

(VI) the science of toxic substances;

(ii) social workers; and

(iii) advocates for veterans or members of the Armed Forces.

(2) Chairperson.--The Secretary shall select a Chairperson from among the members of the Advisory Board.

(3) Terms.--Each member of the Advisory Board shall serve a term of two or three years as determined by the Secretary.

(1) Advisory role with respect to the center.--With respect to the center established under section 392, the Advisory Board shall--

(A) oversee and assess the work of the center; and

(B) advise the Secretary of Veterans Affairs on--

(i) issues related to the provision of treatment and care at the center;

(ii) issues related to the research conducted at the center; and

(iii) the particular benefits and services required by the descendants of individuals exposed to toxic substances while serving as members of the Armed Forces.

(2) Determination that health conditions resulted from toxic exposure.--The Advisory Board shall determine which health conditions in descendants of individuals exposed to toxic substances while serving as members of the Armed Forces are health conditions that resulted from the exposure of that individual to that toxic substance for purposes of eligibility for the following:

(A) Treatment of that descendant at the center established under section 392.

(B) Medical care for that descendant under section 1781 of title 38, United States Code.

(D) Support for the caregiver of that descendant under section 1720G(b) of such title.

(3) Study and consideration of toxic substance exposure claims.--

(A) In general.--The Advisory Board shall study and evaluate claims of exposure to toxic substances by current and former members of the Armed Forces that is related to the service of the member in the Armed Forces.

(B) Submission of claims.--Claims of exposure described in subparagraph (A) may be submitted to the Advisory Board in such form and in such manner as the Secretary of Veterans Affairs may require by any of the following individuals or entities:

(i) A member of the Armed Forces.

(ii) A veteran.

(iii) A descendant of a member of the Armed Forces.

(iv) A descendant of a veteran.

(v) A veterans advocacy group.

(vi) An official of the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces.

(vii) An official of the Department of Defense with responsibility or experience monitoring the health of current and former members of the Armed Forces.

(C) Consideration of claims.--Not later than 180 days after receiving a claim submitted pursuant to subparagraph (B), the Advisory Board shall consider the claim and take one of the following actions:

(i) If the Advisory Board determines that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense, the Advisory Board shall submit to the Secretary of Veterans Affairs a report described in subparagraph (D).

(ii) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall refer the claim to the Office of Extramural Research established under section 394 to conduct further research and report its findings to the Advisory Board.

(iii) If the Advisory Board determines that exposure to a toxic substance did not occur or occurred to a negligible extent, the Advisory Board shall report such determination to the Secretary of Veterans Affairs.

(D) Report.--If the Advisory Board makes a determination under subparagraph (C)(i), the Advisory Board shall submit to the Secretary of Veterans Affairs a report that contains the following:

(i) Evidence used by the Advisory Board in making the determination under subparagraph (C)(i), including, if appropriate, the following:

(I) Scientific research, including any research conducted by the Office of Extramural Research established under section 394.

(II) Peer-reviewed articles from scientific journals relating to exposure to toxic substances.

(III) Medical research conducted by the Department of Veterans Affairs, the Department of Defense, or the medical community.

(ii) Recommendations on the extent to which the Department of Veterans Affairs or the Department of Defense should provide health care, benefits, or other compensation with respect to exposure to a toxic substance to the following individuals:

(I) An individual exposed to a toxic substance as determined under subparagraph (C)(i).

(II) A descendant of that individual.

(iii) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this subtitle.

(E) Publication of evidence.--

(i) In general.--Except as provided in clause (ii), the Secretary shall publish in the Federal Register the evidence described in clause (i) of subparagraph (D) that is submitted with the report required by that subparagraph.

(ii) Exception.--Such evidence may not be published if the Secretary determines that preventing such publication--

(I) is in the national security interest of the United States; or

(II) protects the privacy interests of individuals exposed to toxic substances.

(F) Subpoena authority.--The Advisory Board may require by subpoena the attendance and testimony of witnesses necessary to consider claims of exposure to toxic substances under this paragraph.

(G) Cooperation of federal agencies.--The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board for purposes of considering claims of exposure to toxic substances under this paragraph.

(d) Meetings.--The Advisory Board shall meet at the call of the Chair, but not less frequently than semiannually.

(e) Compensation.--

(1) In general.--The members of the Advisory Board shall serve without compensation.

(2) Travel expenses.--The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Board.

(f) Personnel.--

(1) In general.--The Chairperson may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Veterans Affairs, and such other personnel as may be necessary to enable the Advisory Board to perform its duties.

(2) Approval.--The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board.

(3) Compensation.--The Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

SEC. 394. OFFICE OF EXTRAMURAL RESEARCH.

(a) Office.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an Office of Extramural Research (in this section referred to as the ``Office'')--

(1) to conduct research on wounds, illnesses, injuries, and other conditions suffered by individuals as a result of exposure to toxic substances while serving as members of the Armed Forces; and

(2) to assist the Advisory Board established under section 393 in the consideration of claims of exposure to toxic substances.

(b) Director.--The Secretary of Veterans Affairs shall select a Director of the Office.

(1) In general.--Subject to approval by the advisory council established under subsection (e), the Director may award grants to reputable scientists and epidemiologists to carry out this section.

(2) Exception.--The Director may not award grants to individuals or organizations associated with or having an interest in a chemical company or any other organization that the Secretary determines may have an interest in the increased use of toxic substances.

(d) Support to Advisory Board.--Not later than 180 days after receiving a request from the Advisory Board established under section 393 to review a claim of exposure pursuant to subsection (c)(3)(C)(ii) of that section, the Office shall submit a report to the Advisory Board with one of the following determinations:

(1) A determination that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense.

(2) A determination that further study of the claim is necessary, to be carried out by, or under the direction of, the Office in coordination with the Advisory Board.

(3) A determination that exposure to a toxic substance did not occur or occurred to a negligible extent.

(e) Advisory Council.--

(1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory council (in this section referred to as the ``Council'') for the Office established under this section.

(2) Membership.--

(A) Composition.--

(i) In general.--The Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services and any other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select 11 members of the Council, of whom--

(I) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986; and

(II) additional members may be selected from among--

(aa) environmental epidemiologists;

(bb) academics; and

(cc) veterans or the descendants of veterans.

(ii) Requirements for scientists.--When considering individuals who are members of the scientific community for selection to the Council, the Secretary of Veterans Affairs may select only those individuals--

(I) who have evidenced expertise in and demonstrate a commitment to research that leads to peer-reviewed scientific evaluation of the wounds, illnesses, injuries, and other conditions that may arise from exposure to toxic substances; and

(II) who are not associated with and do not have an interest in a chemical company or any other organization that the Secretary determines may have an interest in the increased use of toxic substances.

(B) Chairperson.--The Secretary of Veterans Affairs shall select a Chairperson from among the members of the Council.

(C) Terms.--Each member of the Council shall serve a term of two or three years as determined by the Secretary of Veterans Affairs.

(3) Duties.--The Council shall--

(A) approve or disapprove of grants proposed to be awarded by the Director pursuant to subsection (c); and

(B) advise the Secretary of Veterans Affairs and the Director on--

(i) establishing guidelines for grant proposals and research proposals under this section; and

(ii) assisting the Advisory Board established under section 393 in the consideration of claims of exposure to toxic substances.

(4) Meetings.--The Council shall meet at the call of the Chairperson, but not less frequently than semiannually.

(5) Compensation.--

(A) In general.--The members of the Council shall serve without compensation.

(B) Travel expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.

(f) Report.--Not later than two years after the establishment of the Office under this section, the Director and the Chairman of the Council shall jointly submit to the Secretary of Veterans Affairs and Congress a report that contains the following:

(1) A summary of the research efforts conducted and the grants awarded under this section.

(2) A summary of the effects of exposure to toxic substances studied pursuant to this section.

(3) Recommendations for steps to be taken to care for and serve--

(A) individuals exposed to toxic substances while serving as a member of the Armed Forces; and

(B) the progeny of those individuals.

SEC. 395. PROVISION OF DEPENDENT CARE AND CAREGIVER

ASSISTANCE TO DESCENDANTS OF VETERANS EXPOSED

TO CERTAIN TOXIC SUBSTANCES DURING SERVICE IN

THE ARMED FORCES.

(a) Dependent Care.--Section 1781(a) is amended--

(1) in paragraph (3), by striking ``, and'' and inserting a comma;

(2) in paragraph (4), by striking the semicolon at the end and inserting ``, and''; and

(3) by inserting after paragraph (4) the following new paragraph:

``(5) an individual who is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if--

``(A) the individual has a health condition that is determined by the Advisory Board established by section 393 of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 to be a health condition that results from exposure to that toxic substance,

``(B) the individual is homebound as a result of that health condition, and

``(C) the Secretary determines that the veteran has or had the same health condition,''.

(b) Caregiver Assistance.--

(1) Comprehensive assistance.--Subsection (a) of section 1720G is amended--

(A) by striking ``veteran'' each place it appears (except for paragraph (2)(A)) and inserting ``individual'';

(B) by striking ``veterans'' each place it appears and inserting ``individuals'';

(i) by striking subparagraphs (A) and (B) and inserting the following:

``(A)(i) is a veteran or member of the Armed Forces undergoing medical discharge from the Armed Forces and has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001; or

``(ii) is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if--

``(I) the individual has a health condition that is determined by the Advisory Board established by section 393 of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014 to be a health condition that results from exposure to that toxic substance;

``(II) the individual is homebound as a result of that health condition; and

``(III) the Secretary determines that the veteran has or had the same health condition; and''; and

(ii) by redesignating subparagraph (C) as subparagraph (B); and

(D) in paragraph (9)(C)(i), by striking ``veteran's'' and inserting ``individual's''.

(2) General caregiver support.--Subsection (b) of such section is amended--

(A) by striking ``veteran'' each place it appears and inserting ``individual'';

(B) by striking ``veterans'' each place it appears and inserting ``individuals'';

(D) in paragraph (2)--

(i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; and

(ii) in the matter preceding clause (i), as redesignated by clause (i), by striking ``any individual who needs'' and inserting ``any individual who--

``(A)(i) is enrolled in the health care system established under section 1705(a) of this title; or

``(ii) is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if--

``(II) the individual is homebound as a result of that health condition; and

``(III) the Secretary determines that the veteran has or had the same health condition; and

``(B) needs''.

(3) Definitions.--Subsection (d) of such section is amended--

(A) by striking ``eligible veteran'' each place it appears and inserting ``eligible individual'';

(B) by striking ``covered veteran'' each place it appears and inserting ``covered individual'';

(D) in paragraph (2), by striking ``the veteran'' and inserting ``the eligible individual'';

(E) in paragraph (3), by striking ``the veteran'' each place it appears and inserting ``the eligible individual'';

(F) in paragraph (4), by striking ``the veteran'' and inserting ``the eligible individual or covered individual''; and

(G) by adding at the end the following:

``(5) The term `toxic substance' has the meaning given that term in section 391 of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014.''.

(1) Beneficiary travel.--Section 111 is amended--

(A) in subsection (b)(1), by adding at the end the following new subparagraph:

``(G) An individual described in section 1720G(a)(2)(A)(ii) of this title.''; and

(B) in subsection (e)--

(i) by striking ``veteran'' each place it appears (except for paragraph (2)(B)) and inserting ``individual''; and

(ii) in paragraph (2)(B)--

(I) by striking ``a veteran'' and inserting ``an individual''; and

(II) by striking ``such veteran'' and inserting ``such individual''.

(2) Counseling, training, and mental health services.--Section 1782(c)(2) is amended by striking ``an eligible veteran or a caregiver of a covered veteran'' and inserting

``a veteran who is an eligible individual or a caregiver of a veteran who is a covered individual''.

SEC. 396. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF

CERTAIN INCIDENTS OF EXPOSURE OF MEMBERS OF THE

ARMED FORCES TO TOXIC SUBSTANCES.

(a) In General.--The Secretary of Defense may declassify documents related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that a member of the medical profession has determined to be associated with that toxic substance.

(b) Limitation.--The declassification authorized by subsection (a) shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following:

(1) Whether that individual was exposed to that toxic substance.

(2) The potential severity of the exposure of that individual to that toxic substance.

(3) Any potential health conditions that may have resulted from exposure to that toxic substance.

(c) Exception.--The Secretary of Defense is not required to declassify documents if the Secretary determines that declassification of those documents would materially and immediately threaten the security of the United States.

SEC. 397. NATIONAL OUTREACH CAMPAIGN ON POTENTIAL LONG-TERM

HEALTH EFFECTS OF EXPOSURE TO TOXIC SUBSTANCES

BY MEMBERS OF THE ARMED FORCES AND THEIR

DESCENDANTS.

The Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Defense shall jointly conduct a national outreach and education campaign directed towards members of the Armed Forces, veterans, and their family members to communicate the following information:

(1) Information on--

(A) incidents of exposure of members of the Armed Forces to toxic substances;

(B) health conditions resulting from such exposure; and

(C) the potential long-term effects of such exposure on the individuals exposed to those substances and the descendants of those individuals.

(2) Information on the national center established under section 392 for individuals eligible for treatment at the center.

______

SA 2801. Mr. BLUMENTHAL (for himself, Mr. Udall of New Mexico, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 207, between lines 8 and 9, insert the following:

Subtitle F--VOW to Hire Heroes Extension

SEC. 451. SHORT TITLE.

This subtitle may be cited as the ``VOW to Hire Heroes Extension Act of 2014''.

SEC. 452. EXTENSION OF WORK OPPORTUNITY CREDIT FOR VETERANS.

(a) In General.--Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking

``after December 31, 2013.'' and inserting ``after--

``(i) December 31, 2017, in the case of a qualified veteran, and

``(ii) December 31, 2013, in the case of any other individual.''.

(b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.

SEC. 453. SIMPLIFIED CERTIFICATION OF VETERAN STATUS.

(a) In General.--Subparagraph (D) of section 51(d)(13) of the Internal Revenue Code of 1986 is amended to read as follows:

``(D) Pre-screening of qualified veterans.--

``(i) In general.--Subparagraph (A) shall be applied without regard to subclause (II) of clause (ii) thereof in the case of an individual seeking treatment as a qualified veteran with respect to whom the pre-screening notice contains--

``(I) qualified veteran status documentation,

``(II) qualified proof of unemployment compensation, and

``(III) an affidavit furnished by the individual stating, under penalty of perjury, that the information provided under subclauses (I) and (II) is true.

``(ii) Qualified veteran status documentation.--For purposes of clause (i), the term `qualified veteran status documentation' means any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces which includes information sufficient to establish that such individual is a veteran.

``(iii) Qualified proof of unemployment compensation.--For purposes of clause (i), the term `qualified proof of unemployment compensation' means, with respect to an individual, checks or other proof of receipt of payment of unemployment compensation to such individual for periods aggregating not less than 4 weeks (in the case of an individual seeking treatment under paragraph (3)(A)(iii)), or not less than 6 months (in the case of an individual seeking treatment under clause (ii)(II) or (iv) of paragraph (3)(A)), during the 1-year period ending on the hiring date.''.

(b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

SEC. 454. CREDIT MADE AVAILABLE AGAINST PAYROLL TAXES IN

CERTAIN CIRCUMSTANCES.

(a) In General.--Paragraph (2) of section 52(c) of the Internal Revenue Code of 1986 is amended--

(1) by striking ``qualified tax-exempt organizations'' in the heading and inserting ``certain employers'', and

(2) by striking ``by qualified tax-exempt organizations'' and inserting ``by certain employers''.

(b) Credit Allowed to Certain For-Profit Employers.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended--

(1) by inserting ``or a qualified for-profit employer'' after ``If a qualified tax-exempt organization'' in paragraph

(1),

(2) by striking ``with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization'' in paragraph (1),

(3) by inserting ``or for-profit employer'' after

``employees of the organization'' each place it appears in paragraphs (1) and (2),

(4) by inserting ``in the case of a qualified tax-exempt organization,'' before ``by only taking into account'' in subparagraph (C) of paragraph (3),

(5) by inserting ``or for-profit employer'' after ``the organization'' in paragraph (4),

(6) by redesignating subparagraph (B) of paragraph (5) as subparagraph (C) of such paragraph, by striking ``and'' at the end of subparagraph (A) of such paragraph, and by inserting after subparagraph (A) of such paragraph the following new subparagraph:

``(B) the term `qualified for-profit employer' means, with respect to a taxable year, an employer not described in subparagraph (A), but only if--

``(i) such employer does not have profits for any of the 3 taxable years preceding such taxable year, and

``(ii) such employer elects under section 51(j) not to have section 51 apply to such taxable year, and'', and

(7) by striking ``has meaning given such term by section 51(d)(3)'' in subparagraph (C) of paragraph (5), as so redesignated, and inserting ``means a qualified veteran

(within the meaning of section 51(d)(3)) with respect to whom a credit would be allowable under section 38 by reason of section 51 if the employer of such veteran were not a qualified tax-exempt organization or a qualified for-profit employer''.

(c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsections (a) and (b). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.

(d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

SEC. 455. REPORT.

Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commissioner of Internal Revenue, in consultation with the Secretary of Labor, shall report to the Congress on the effectiveness and cost-effectiveness of the amendments made by sections 452, 453, and 454 in increasing the employment of veterans. Such report shall include the results of a survey, conducted, if needed, in consultation with the Veterans' Employment and Training Service of the Department of Labor, to determine how many veterans are hired by each employer that claims the credit under section 51, by reason of subsection (d)(1)(B) thereof, or section 3111(e) of the Internal Revenue Code of 1986.

SEC. 456. TREATMENT OF POSSESSIONS.

(a) Payments to Possessions.--

(1) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this subtitle. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States.

(2) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this subtitle if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this subtitle.

(b) Coordination With Credit Allowed Against United States Income Taxes.--The credit allowed against United States income taxes for any taxable year under the amendments made by this subtitle to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in subsection (a)(2)) allowed to such person against income taxes imposed by the possession of the United States by reason of this section with respect to such qualified veteran for such taxable year.

(1) Possession of the united states.--For purposes of this section, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

(2) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.

(3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from credit provisions described in such section.

______

SA 2802. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

SECTION 918. REPEAL OF CERTAIN REDUCTIONS MADE BY THE

BIPARTISAN BUDGET ACT OF 2013.

Section 403 of the Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed as of the date of the enactment of such Act.

______

SA 2803. Ms. WARREN (for herself, Mr. Rubio, and Mr. Markey) submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 367, after line 14, insert the following:

SEC. __. PLACEMENT OF A CHAIR HONORING AMERICAN PRISONERS OF

WAR/MISSING IN ACTION ON THE UNITED STATES

CAPITOL GROUNDS.

(a) Findings.--The Congress finds the following:

(1) In recent years, commemorative chairs honoring American Prisoners of War/Missing in Action have been placed in prominent locations across the United States.

(2) The United States Capitol Grounds are an appropriate location to place a commemorative chair honoring American Prisoners of War/Missing in Action.

(b) Obtaining and Placement of Chair.--

(1) Obtaining chair.--The Architect of the Capitol shall enter into an agreement to obtain a chair featuring the logo of the National League of POW/MIA Families under such terms and conditions as the Architect considers appropriate and consistent with applicable law.

(2) Placement.--Not later than 2 years after the date of enactment of this section, the Architect shall place the chair obtained under paragraph (1) on the United States Capitol Grounds in a suitable permanent location.

(1) Donations.--The Architect of the Capitol may--

(A) enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this section; and

(B) accept donations of funds, property, and services to carry out the purposes of this section.

(2) Costs.--All costs incurred in carrying out the purposes of this section shall be paid for with private donations received under paragraph (1).

______

SA 2804. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 1982, to improve the provision of medical services and benefits to veterans, and for other purposes; which was ordered to lie on the table; as follows:

On page 61, between lines 5 and 6, insert the following:

SEC. 314. PROGRAM ON ESTABLISHMENT OF SEMI-INDEPENDENT LIVING

COMMUNITIES FOR VETERANS AND CAREGIVERS.

(a) Program Required.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a pilot program to assess the feasibility and advisability of establishing and promoting semi-independent living communities for covered veterans and their caregivers.

(b) Covered Veterans.--For purposes of this section, a covered veteran is any veteran who is enrolled in the system of annual patient enrollment established and operated by the Secretary under section 1705 of title 38, United States Code.

(c) Duration of Program.--The program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program.

(d) Locations.--

(1) In general.--The Secretary shall carry out the pilot program in not fewer than three sites selected by the Secretary for purposes of the pilot program.

(2) Considerations.--In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in the following areas:

(A) Areas that provide access to complimentary services, including to services of the Veterans Administration.

(B) Areas that allow for group and individual interaction to occur through intentional community planning.

(e) Limitation on Expenses.--In establishing and supporting the pilot program, the Secretary may expend amounts as follows:

(1) For planning and initial implementation of a pilot site, not more than $250,000.

(2) For establishment and support of a pilot site, not more than $750,000.

(f) Repurposing of Physical Space.--

(1) In general.--Subject to subsection (e), the Secretary may, in carrying out the pilot program, authorize the repurposing of existing Federally owned space as the Secretary considers appropriate for purposes of the pilot program.

(2) Repurposing exception.--Existing physical space used for the direct delivery of health care to patients may not be repurposed under paragraph (1).

(g) Voluntary Participation.--The participation of a covered veteran in the pilot program shall be at the election of the covered veteran.

(h) Reports.--

(1) Periodic reports.--Not later than 90 days after the date of the commencement of the pilot program and not less frequently than once every 90 days thereafter until the completion of the pilot program, 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 activities carried out to implement the pilot program, including outreach activities to veterans and community organizations.

(2) Annual report.--Not later than one year after the date of the commencement of the pilot program and not less frequently than once every year thereafter until the completion of the pilot program, 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 pilot program detailing--

(A) the timeline for completion, the locations selected, and conclusions of the Secretary as a result of the pilot program; and

(B) recommendations for the continuation or expansion of the pilot program.

____________________

SOURCE: Congressional Record Vol. 160, No. 33

“TEXT OF AMENDMENTS” published by Congressional Record on Feb. 27, 2014

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