--- kind: "diff" citation: "H.R. 5404" bill: "113-hr-5404" heading: "Department of Veterans Affairs Expiring Authorities Act of 2014" from: "ih" from_label: "Introduced in House" to: "eh" to_label: "Engrossed in House" sections_amended: 8 sections_added: 0 sections_removed: 1 url: "https://uscodex.org/bills/113/hr/5404/changes/eh" --- # H.R. 5404 — what changed H.R. 5404, Department of Veterans Affairs Expiring Authorities Act of 2014 — 8 sections amended and 1 removed between Introduced in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 203 Extension of authority to provide referral and counseling services for certain veterans at risk of homelessness - (a) Extension of authority— Subsection (d) of section 2023 is amended by striking “September 30, 2014” and inserting “September 30, 2015”. - (b) Technical amendment— Subsection (c)(3) of such section is amended by striking “enter into contracts” and inserting “make grants”. - Section 2023(d) is amended by striking “September 30, 2014” and inserting “September 30, 2015”. ## Sec. 208 Extension of authority for the Advisory Committee on Homeless Veterans - Section 2066(d) is amended by striking “December 31, 2014” and inserting “December 31, 2017”.2015”. ## Sec. 301 Extension of authority for the Veterans’ Advisory Committee on Education - Section 3692(c) is amended by striking “December 31, 2014” and inserting “December 31, 2017”.2015”. ## Sec. 304 Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses — removed - Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 458; 10 U.S.C. 1071 note) is amended by striking “December 31, 2014” and inserting “December 31, 2015”. ## Sec. 404 Extension of authority for Advisory Committee on Minority Veterans - Section 544(e) is amended by striking “December 31, 2014” and inserting “December 31, 2017”.2015”. ## Sec. 406 Restoration of prior reporting fee multipliers - Section 3(i) During the one-year period beginning on the date of the Agent Orange Act enactment of 1991 (Public Law 102–4; 105 Stat. 13; 38 U.S.C. 1116 note) is amended by striking “October 1, 2014” and inserting “December 31, 2015”.this Act, the second sentence of section 3684(c) shall be applied— - (1) by substituting “$9” for “$12”; and - (2) by substituting “$13” for “$15”. ## Sec. 407 Extension of authority for agreement with National Academy of Sciences - Section 3(i) of the Agent Orange Act of 1991 (Public Law 102–4; 105 Stat. 13; 38 U.S.C. 1116 note) is amended by striking “October 1, 2014” and inserting “December 31, 2015”. - (a) Assistance— Section 4321 is amended— - (1) by striking “The Secretary” and inserting “(a) State and private employers.—The Secretary”; - (2) by inserting after “this chapter” the following: “with respect to a State (as an employer) or a private employer”; and - (3) by adding at the end the following new subsection: - “(b) Federal employers—The Office of Special Counsel established by section 1211 of title 5 shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter with respect to a Federal executive agency or the Office of Personnel Management. In providing such assistance, the Special Counsel may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers.” - (b) Investigation and enforcement— Section 4324 is amended— - (1) in subsection (a)— - (A) by striking paragraph (1) and inserting the following new paragraph (1): - “(1) - “(A) A person described in subparagraph (B) may file a complaint with the Office of Special Counsel established by section 1211 of title 5, and the Special Counsel shall investigate such complaint. - “(B) A person described in this subparagraph is a person who claims that— - “(i) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer that is a Federal executive agency; and - “(ii) such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter. - “(C) Such a complaint shall be in writing, be in such form as the Special Counsel may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.” - (B) in paragraph (2)— - (i) in subparagraph (A), by striking “the person on whose behalf a complaint is referred” and inserting “a person who submits a complaint”; and - (ii) in subparagraph (B)— - (I) by striking “60 days” and inserting “90 days”; and - (II) by striking “receives a referral” and inserting “receives a person’s complaint”; - (2) in subsection (b)— - (A) by striking paragraphs (1) and (2); and - (B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; and - (3) by adding at the end the following new subsection: - “(e) This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.” - (c) Technical and conforming amendments— Chapter 43 is amended— - (1) in section 4322— - (A) in subsection (a)— - (i) in paragraph (1), by inserting after “an employer” the following: “that is a State or a private employer”; and - (ii) in paragraph (2)— - (I) by striking “(A)”; - (II) by striking “; or” and inserting a comma; and - (III) by striking subparagraph (B); - (B) in subsection (c)(1), by striking “or 4324, as the case may be”; - (C) in subsection (e)(2), by striking “(in the case of a person submitting a complaint against a State or private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency or the Office of Personnel Management)”; - (D) by striking subsection (g); and - (E) by striking the section heading and inserting the following: “Investigation and resolution of claims with respect to a State or private employer”; - (2) in section 4325(d)— - (A) in paragraph (1), by inserting “or the Special Counsel” after “Secretary”; and - (B) in paragraph (2), by inserting “, the Special Counsel,” after “Secretary”; - (3) in section 4326— - (A) in subsection (a)— - (i) by striking “the Secretary’s duly authorized representatives” and inserting “the duly authorized representatives of the Secretary or the Special Counsel, as the case may be,” and - (ii) by striking “the Secretary considers” and inserting “the Secretary or the Special Counsel, as the case may be, considers”; - (B) in subsection (b), by inserting after “Secretary” both places it appears the following: “(or the Special Counsel, as the case may be)”; and - (C) in subsection (c), by inserting “or the Special Counsel” after “Secretary” each place it appears; - (4) in section 4327— - (A) in subsection (a)(2), by striking “4324(a)(1),”; and - (B) in subsection (b), by inserting “the Special Counsel,” after “the Secretary,”; and - (5) in section 4332(b)(3)— - (A) by striking “received a referral” and inserting “received a complaint submitted”; and - (B) by striking “for such referral”. - (d) Clerical amendment— The table of sections at the beginning of chapter 43 is amended by striking the item relating to section 4322 and inserting the following new item: - (e) Effective date— - (1) In general— This section and 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. - (2) Transfer of functions; funding— During the 90-day period following the date of the enactment of this Act, the Special Counsel shall enter into an agreement with the Secretary of Labor to transfer to the Special Counsel such sums as may be necessary to carry out the functions reassigned to the Special Counsel pursuant to this section. The Director of the Office of Management and Budget shall coordinate with the Special Counsel and the Secretary of Labor in entering into and carrying out such agreement. No funds may be transferred under an agreement entered into under this paragraph on or after the first day of any period for which appropriations are provided for the Office of Special Counsel in an appropriations Act (other than a continuing resolution) enacted subsequent to the date of the enactment of this Act. ## Sec. 408 Health professionals education debt reduction - Section 7683 is amended— - (1) by striking subsection (a) and inserting the following new subsection: - “(a) In general—Education debt reduction payments under the Education Debt Reduction Program shall consist of— - “(1) payments to individuals selected to participate in the program of amounts to reimburse such individuals for payments by such individuals of principal and interest on loans described in section 7682(a)(2) of this title; or - “(2) payments for the principal and interest on such loans of such individuals to the holders of such loans.” - (2) in subsections (b) and (c), by striking “payments to” both places it appears and inserting “payments to or for”; and - (3) in subsection (d)— - (A) in paragraph (1), by striking “made to” and inserting “made to or for”; and - (B) in paragraph (2)(A), by striking “payable to that” and inserting “payable to or for that”. ## Sec. 409 Amendments to Veterans Access, Choice, and Accountability Act of 2014 - (a) Expanded availability of hospital care and medical services— Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended— - (1) in subsection (c)— - (A) in paragraph (1)(A), by inserting “provide the veteran an appointment that exceeds the wait-time goals described in such subsection or” before “place such”; and - (B) in paragraph (2), by inserting “(or other digital channel)” after “website”; - (2) in subsection (d)—(d)(1)(A), by adding at the end the following new sentences: “An agreement entered into pursuant to this subparagraph may not be treated as a Federal contract for the acquisition of goods or services and is not subject to any provision of law governing Federal contracts for the acquisition of goods or services. Before entering into an agreement pursuant to this subparagraph, the Secretary shall, to the maximum extent practicable and consistent with the requirements of this section, furnish such care and services to such veterans under this section with such entities pursuant to sharing agreements, existing contracts entered into by the Secretary, or other processes available at medical facilities of the Department.”; - (A) in paragraph (1)(A), by adding at the end the following new sentence: “An agreement entered into pursuant to this subparagraph may not be treated as a public contract for the acquisition of goods or services and is not subject to any provision of law governing public contracts or the acquisition of goods or services. Before entering into an agreement pursuant to this subparagraph, the Secretary shall, to the maximum extent practicable and consistent with the requirements of this section, furnish such care and services to such veterans under this section with such entities pursuant to sharing agreements, existing contracts entered into by the Secretary, or other processes available at medical facilities of the Department.”; and - (B) in paragraph (2)(B)(ii)— - (i) in subclause (I), by striking “The Secretary” and inserting “Except as provided by subclause (III), the Secretary”; and - (ii) by adding at the end the following new subclause: - “(III) Special rules for Alaska and Maryland—With respect to furnishing care or services under this section in Alaska, the Secretary shall negotiate a rate in accordance with the Alaska Fee Schedule of the Department of Veterans Affairs except in instances where the Secretary enters into another agreement, including a contract or provider agreement. With respect to furnishing care or services under this section in Maryland, in the event of an all-payer Medicare waiver under section 1115A of the Social Security Act (42 U.S.C. 1315a), the Secretary shall ensure that rates are negotiated in accordance with rates established pursuant to such waiver, except in instances where the Secretary enters into another payment agreement.” - (3) in subsection (l)(1), by inserting “a copy of” before “any medical record”; and - (4) by adding at the end the following new subsection: - “(t) Waiver of certain printing requirements—Section 501 of title 44, United States Code, shall not apply in carrying out this section.” - (b) Collaboration between VA and Indian Health Service— Section 102 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended— - (1) in subsection (b), by striking “The Secretary of Veterans Affairs shall establish” and inserting the following: “The Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly establish and implement”; - (2) in subsection (c), by adding at the end the following new paragraph: - “(3) Entering into an agreement between the Department and the Indian Health Service described in paragraph (2)(A) with respect to the effect of such agreement on the priority access of any Indian to health care services provided through the Indian Health Service, the eligibility of any Indian to receive health services through the Indian Health Service, and the quality of health care services provided to any Indian through the Indian Health Service.” - (3) by striking subsection (d). - (c) Prompt payment— Section 105 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended— - (1) in subsection (a), by striking “section 1315” and inserting “part 1315”; - (2) in subsection (b)(2), by striking “chapter 39” and inserting “chapter 39 of title 31”; and - (3) in subsection (d), by striking “required by subsection (b)” and inserting “required by subsection (c)”. - (d) Improvement of access to mobile vet centers— Section 204 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended— - (1) in subsection (a)— - (A) in paragraph (1), by inserting “and readjustment counseling services” after “other health care”; and - (B) in paragraph (2)— - (i) in subparagraph (B), by inserting “and events” after “locations”; and - (ii) in subparagraph (C), by inserting “and outreach contacts” after “appointments”; and - (2) in subsection (b)(2)— - (A) in subparagraph (A)— - (i) in the matter preceding clause (i), by inserting “and readjustment counseling” after “telemedicine services”; and - (ii) in clause (iii), by inserting “and outreach contracts” contacts” after “appointments”; - (B) in subparagraph (B), by inserting “and readjustment counseling” after “health care services”; and - (C) in subparagraph (E), by striking “mobile vet centers and”. - (e) Improved transparency— Section 206(b) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended— - (1) in paragraph (1), by striking “comprehensive database” and inserting “comprehensive, machine-readable data set”; - (2) in paragraph (3), by striking “notice in the database of the reason” and inserting “notice of the reason”; and - (3) in paragraphs (2), (3), and (4), by striking “database” each place it appears and inserting “data”. - (f) Information on credentials— Section 207 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note) is amended by striking “successor database” each place it appears and inserting “successor data set”. - (g) Report on staffing shortages— Section 301(b)(3) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146) is amended— - (1) in subparagraph (A), by striking “Not later” and all that follows through “2019” and inserting the following: “On October 1 of each year beginning in 2015 and ending in 2019”; and - (2) in subparagraph (B)— - (A) in clause (iii), by striking “at each” and all that follows through the period at the end and inserting the following: “or guidelines of the Department with respect to determining the ratio of residents to staff supervising residents.”; and - (B) by striking clause (v) and inserting the following new clause: - “(v) Efforts of the Department, as of the date of the submittal of the report, to recruit and retain medical residents to work for the Veterans Health Administration as full-time employees.” - (h) Project ARCH— Section 403(j) of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 note) is amended— - (1) by striking “In carrying out” and inserting “Notwithstanding any provision of law relating to the use of competitive procedures in entering into contracts, in carrying out”; and - (2) by inserting “under this section” after “make use of contracts entered into”. - (i) Clarification of approval of courses of education provided by public institutions of higher learning and in-State tuition rate for veterans— Paragraph (1) of section 3679(c) is amended to read as follows: - “(1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning if the institution charges tuition and fees for that course for covered individuals who are pursuing the course with educational assistance under chapter 30 or 33 of this title while living in the State in which the institution is located at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual's State of residence.”