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Title IX — Other Matters

S. 2413 · 113th Congress · Jun 2, 2014 · Lineage

IX Other Matters

Sec. 901 Repeal of certain reductions made by Bipartisan Budget Act of 2013

(a)
Adjustment of retirement pay— Section 403 of the Bipartisan Budget Act of 2013 (Public Law 113–67) is repealed as of the date of the enactment of such Act.
(b)
Conforming amendments—
(1)
Applicability to disability and survivor benefits— Title X of the Department of Defense Appropriations Act, 2014 (division C of Public Law 113–76) is repealed.
(2)
Applicability to members of the Armed Forces who joined after January 1, 2014— Section 2 of Public Law 113–82 is repealed.

Sec. 902 Consideration by Secretary of Veterans Affairs of resources disposed of for less than fair market value by individuals applying for pension

(a)
Veterans— Section 1522 is amended—
(1)
in subsection (a)—
(A)
by inserting “(1)” before “The Secretary”; and
(B)
by adding at the end the following new paragraph:

“(2)

“(A) If a veteran otherwise eligible for payment of pension under section 1513 or 1521 of this title or the spouse of such veteran disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such veteran under section 1513 or 1521 of this title, as the case may be, for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E).

“(B)

“(i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers that under all the circumstances, if the veteran or spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the veteran's maintenance.

“(ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse, that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the veteran's maintenance.

“(C)

“(i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii).

“(ii) The date described in this clause is the date on which the veteran applies for pension under section 1513 or 1521 of this title or, if later, the date on which the veteran (or the spouse of the veteran) disposes of covered resources for less than fair market value.

“(D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph.

“(E) The number of months calculated under this subparagraph shall be equal to—

“(i) the total, cumulative uncompensated value of the portion of covered resources so disposed of by the veteran (or the spouse of the veteran) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the veteran's maintenance; divided by

“(ii) the maximum amount of monthly pension that is payable to a veteran under section 1513 or 1521 of this title, including the maximum amount of increased pension payable under such sections on account of family members, but not including any amount of pension payable under such sections because a veteran is in need of regular aid and attendance or is permanently housebound,”

(2)
in subsection (b)—
(A)
by inserting “(1)” before “The Secretary”; and
(B)
by adding at the end the following new paragraph:

“(2)

“(A) If a veteran otherwise eligible for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, the spouse of the veteran, or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E).

“(B)

“(i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the veteran, the spouse of the veteran, or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance.

“(ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance.

“(C)

“(i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii).

“(ii) The date described in this clause is the date on which the veteran applies for payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child or, if later, the date on which the veteran, the spouse of the veteran, or the child disposes of covered resources for less than fair market value.

“(D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph.

“(E) The number of months calculated under this subparagraph shall be equal to—

“(i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the veteran, the spouse of the veteran, or the child on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by

“(ii) the maximum amount of increased monthly pension that is payable to a veteran under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child,”

(3)
by adding at the end the following new subsection:

“(c)

“(1)

“(A) The Secretary shall not deny or discontinue payment of pension under section 1513 or 1521 of this title or payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child by reason of the application of subsection (a)(2) or (b)(2) of this section to the disposal of resources by an individual—

“(i) if—

“(I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or

“(II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or

“(ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources.

“(B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance—

“(i) of medical care such that the individual's life or health would be endangered;

“(ii) of necessary food or clothing, or other necessities of life; or

“(iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II).

“(C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2) or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2) or (b)(2), as applicable, shall be recalculated to take into account such return of resources.

“(2) At the time a veteran applies for pension under section 1513 or 1521 of this title or increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall—

“(A) inform such veteran of the provisions of subsections (a)(2) and (b)(2) providing for a period of ineligibility for payment of pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility;

“(B) obtain from such veteran information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and

“(C) provide such veteran a timely process for determining whether or not the exception for hardship shall apply to such veteran.”

(b)
Surviving spouses and children— Section 1543 is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraph (2) as paragraph (3);
(B)
by inserting after paragraph (1) the following new paragraph (2):

“(2)

“(A) If a surviving spouse otherwise eligible for payment of pension under section 1541 of this title disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such surviving spouse under section 1541 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E).

“(B)

“(i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the surviving spouse that the Secretary considers that under all the circumstances, if the surviving spouse had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the surviving spouse's maintenance.

“(ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the surviving spouse that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the surviving spouse's maintenance.

“(C)

“(i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii).

“(ii) The date described in this clause is the date on which the surviving spouse applies for pension under section 1541 of this title or, if later, the date on which the surviving spouse disposes of covered resources for less than fair market value.

“(D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph.

“(E) The number of months calculated under this subparagraph shall be equal to—

“(i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the surviving spouse's maintenance; divided by

“(ii) the maximum amount of monthly pension that is payable to a surviving spouse under section 1541 of this title, including the maximum amount of increased pension payable under such section on account of a child, but not including any amount of pension payable under such section because a surviving spouse is in need of regular aid and attendance or is permanently housebound,”

(C)
by adding at the end the following new paragraph:

“(4)

“(A) If a surviving spouse otherwise eligible for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or the child disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue payment of such increased pension for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E).

“(B)

“(i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child that the Secretary considers that under all the circumstances, if the surviving spouse or the child had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance.

“(ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate of the child that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance.

“(C)

“(i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii).

“(ii) The date described in this clause is the date on which the surviving spouse applies for payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child or, if later, the date on which the surviving spouse (or the child) disposes of covered resources for less than fair market value.

“(D) The date described in this subparagraph is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph.

“(E) The number of months calculated under this clause shall be equal to—

“(i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the surviving spouse (or the child) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by

“(ii) the maximum amount of increased monthly pension that is payable to a surviving spouse under subsection (c), (d), or (e) of section 1541 of this title on account of a child,”

(2)
in subsection (b)—
(A)
by inserting “(1)” before “The Secretary”; and
(B)
by adding at the end the following new paragraph:

“(2)

“(A) If a child otherwise eligible for payment of pension under section 1542 of this title or any person with whom such child is residing who is legally responsible for such child's support disposes of covered resources for less than fair market value on or after the look-back date described in subparagraph (C)(i), the Secretary shall deny or discontinue the payment of pension to such child under section 1542 of this title for months during the period beginning on the date described in subparagraph (D) and equal to the number of months calculated as provided in subparagraph (E).

“(B)

“(i) For purposes of this paragraph, a covered resource is any resource that was a part of the corpus of the estate of the child or the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support that the Secretary considers that under all the circumstances, if the child or person had not disposed of such resource, it would be reasonable that the resource (or some portion of the resource) be consumed for the child's maintenance.

“(ii) For purposes of this paragraph, the Secretary may consider, in accordance with regulations the Secretary shall prescribe, a transfer of an asset (including a transfer of an asset to an annuity, trust, or other financial instrument or investment) a disposal of a covered resource for less than fair market value if such transfer reduces the amount in the corpus of the estate described in clause (i) that the Secretary considers, under all the circumstances, would be reasonable to be consumed for the child's maintenance.

“(C)

“(i) The look-back date described in this clause is a date that is 36 months before the date described in clause (ii).

“(ii) The date described in this clause is the date on which the child applies for pension under section 1542 of this title or, if later, the date on which the child (or person described in subparagraph (B)) disposes of covered resources for less than fair market value.

“(D) The date described in this clause is the first day of the first month in or after which covered resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph.

“(E) The number of months calculated under this clause shall be equal to—

“(i) the total, cumulative uncompensated value of the portion of the covered resources so disposed of by the child (or person described in subparagraph (B)) on or after the look-back date described in subparagraph (C)(i) that the Secretary determines would reasonably have been consumed for the child's maintenance; divided by

“(ii) the maximum amount of monthly pension that is payable to a child under section 1542 of this title,”

(3)
by adding at the end the following new subsection:

“(c)

“(1)

“(A) The Secretary shall not deny or discontinue payment of pension under section 1541 or 1542 of this title or payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child by reason of the application of subsection (a)(2), (a)(4), or (b)(2) of this section to the disposal of resources by an individual—

“(i) if—

“(I) a satisfactory showing is made to the Secretary (in accordance with regulations promulgated by the Secretary) that all resources disposed of for less than fair market value have been returned to the individual who disposed of the resources; or

“(II) the Secretary determines, under procedures established by the Secretary in accordance with subparagraph (B), that the denial or discontinuance of payment would work an undue hardship; or

“(ii) to the extent that any portion of the resources disposed of for less than fair market value have been returned to the individual who disposed of the resources.

“(B) Undue hardship would be worked by the denial or discontinuance of payment for purposes of subparagraph (A)(i)(II) if the denial or discontinuance of payment would deprive the individual during the period of denial or discontinuance—

“(i) of medical care such that the individual's life or health would be endangered;

“(ii) of necessary food or clothing, or other necessities of life; or

“(iii) on such other basis as the Secretary shall specify in the procedures required by subparagraph (A)(i)(II).

“(C) If payment of pension or increased pension that would otherwise be denied or discontinued by reason of the application of subsection (a)(2), (a)(4), or (b)(2) is denied or discontinued only in part by reason of the return of resources as described in subparagraph (A)(ii), the period of the denial or discontinuance as determined pursuant to subparagraph (E) of subsection (a)(2), (a)(4), or (b)(2), as applicable, shall be recalculated to take into account such return of resources.

“(2) At the time a surviving spouse or child applies for pension under section 1541 or 1542 of this title or increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child, and at such other times as the Secretary considers appropriate, the Secretary shall—

“(A) inform such surviving spouse or child of the provisions of subsections (a)(2), (a)(4), and (b)(2), as applicable, providing for a period of ineligibility for payment of pension or increased pension under such sections for individuals who make certain dispositions of resources for less than fair market value, including the exception for hardship from such period of ineligibility;

“(B) obtain from such surviving spouse or child information which may be used in determining whether or not a period of ineligibility for such payments would be required by reason of such subsections; and

“(C) provide such surviving spouse or child a timely process for determining whether or not the exception for hardship shall apply to such surviving spouse or child.”

(c)
Effective date— Subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to payments of pension and increased pension applied for after such date and to payments of pension and increased pension for which eligibility is redetermined after such date, except that no reduction in pension shall be made under such subsections because of any disposal of covered resources made before such date.
(d)
Annual reports—
(1)
In general— Not later than 30 months after the date of the enactment of this Act and not less frequently than once each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the administration of subsections (a)(2), (b)(2), and (c) of section 1522 of title 38, United States Code, as added by subsection (a), and subsections (a)(2), (a)(4), (b)(2), and (c) of section 1543 of such title, as added by subsection (b), during the most recent 12-month period.
(2)
Elements— Each report submitted under paragraph (1) shall include the following, for the period covered by the report:
(A)
The number of individuals who applied for pension under chapter 15 of such title.
(B)
The number of individuals who received pension under such chapter.
(C)
The number of individuals with respect to whom the Secretary denied or discontinued payment of pension under the subsections referred to in paragraph (1).
(D)
A description of any trends identified by the Secretary regarding pension payments that have occurred as a result of the amendments made by this section.
(E)
Such other information as the Secretary considers appropriate.
(3)
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(A)
the Committee on Veterans' Affairs and the Special Committee on Aging of the Senate; and
(B)
the Committee on Veterans' Affairs of the House of Representatives.

Sec. 903 Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities

(a)
In general— Subsection (d)(7) of section 5503 is amended by striking “November 30, 2016” and inserting “September 30, 2023”.
(b)
Clerical amendments—
(1)
Section heading— The section heading of such section is amended to read as follows: “Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care”.
(2)
Table of sections— The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 5503 and inserting the following new item:

Sec. 904 Conditions on award of per diem payments by Secretary of Veterans Affairs for provision of housing or services to homeless veterans

(a)
Condition—
(1)
In general— Section 2012(c)(1) is amended by striking “unless the facilities” and all that follows through “may specify.” and inserting the following: “unless the Secretary certifies the following:

“(A) That the building where the grant recipient or eligible entity provides housing or services for which the grant recipient or eligible entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.

“(B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services.”

(2)
Effective date— The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act.
(b)
Annual inspections required— Section 2012 is amended by striking subsection (b) and inserting the following new subsection (b):

“(b)

“(1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 of this title or this section.

“(2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary.

“(3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate.

“(4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe.”

(c)
Revocation of certification authorized— Subsection (c) of such section is amended—
(1)
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;
(2)
in paragraph (1), as amended by subsection (a)(1), by striking “in paragraph (2)” and inserting “in paragraph (4)”; and
(3)
by inserting after paragraph (1) the following new paragraph (2):

“(2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate.”

(d)
Congressional notification of termination of per diem required— Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3):

“(3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section to a grant recipient or an eligible entity, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination if such termination were made because a facility of the grant recipient or eligible entity did not comply with—

“(A) an applicable provision of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirement as the Secretary has specified; or

“(B) a licensing requirement, fire or safety requirement, or another requirement in the jurisdiction in which the facility is located regarding the condition of the facility.”

(e)
Treatment of current recipients of per diem payments—
(1)
Assessment— In the case of the recipient of a per diem payment under section 2012 of title 38, United States Code, that receives such a payment during the year in which this Act is enacted for the provision of housing or services, the Secretary of Veterans Affairs shall assess whether the building where such housing or services are provided is and whether the housing and services are in compliance as required by section 2012(c)(1) of such title, as amended by subsection (a)(1).
(2)
Failure to comply— In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 of such title until the Secretary certifies that such building is and such housing or services are in compliance.
(f)
Conforming condition on award of grants by Secretary of Veterans Affairs for comprehensive service programs— Section 2011(b)(5)(A) is amended by inserting “, including housing and building codes,”.

Sec. 905 Exception to certain recapture requirements and treatment of contracts and grants with State homes with respect to care for homeless veterans

(a)
Exception to certain recapture requirements— Section 8136(b) is amended by inserting “, or the provision of services or conduct of a program pursuant to a contract or grant issued or awarded by the Secretary under subchapter II of chapter 20 or section 2031(a)(2) of this title,” after “outpatient clinic”.
(b)
Construction— The amendment made by subsection (a) may not be construed to authorize the Secretary of Veterans Affairs to enter into a contract with a State home or award a grant to a State home for the furnishing of residential care for a veteran without—
(1)
identifying a substantial need for such care; and
(2)
determining that the State home is the most appropriate provider of such care.

Sec. 906 Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorders

Section 1156(a)(3) is amended by striking “six months” and inserting “18 months”.

Sec. 907 Authority to issue Veterans ID Cards

(a)
Authority—
(1)
In general— The Secretary of Veterans Affairs may issue a card to a veteran that identifies the veteran as a veteran and includes a photo of the veteran and the name of the veteran.
(2)
No requirement for enrollment or receipt of benefits— The Secretary may issue a card under paragraph (1) to a veteran, whether or not such veteran is—
(A)
enrolled in the system of annual patient enrollment established under section 1705(a) of title 38, United States Code; or
(B)
in receipt of educational assistance, compensation, or pension under laws administered by the Secretary.
(3)
Designation— A card issued under paragraph (1) may be known as a “Veterans ID Card”.
(b)
Recognition of Veterans ID Cards for reduced pricing of pharmaceuticals, consumer products, and services— The Secretary may work with national retail chains that offer reduced prices on pharmaceuticals, consumer products, and services to veterans to ensure that such retail chains recognize cards issued under subsection (a)(1) for purposes of offering reduced prices on pharmaceuticals, consumer products, and services.
(c)
Veteran defined— In this section, the term veteran has the meaning given the term in section 101 of title 38, United States Code.
(d)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 908 Honoring as veterans certain persons who performed service in the reserve components of the Armed Forces

Any person who is entitled under chapter 1223 of title 10, United States Code, to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor.

Sec. 909 Extension of authority for Secretary of Veterans Affairs to obtain information from Secretary of the Treasury and Commissioner of Social Security for income verification purposes

Section 5317(g) is amended by striking “September 30, 2016” and inserting “September 30, 2018”.

Sec. 910 Extension of authority for Secretary of Veterans Affairs to issue and guarantee certain loans

Section 3729(b)(2) is amended—
(1)
in subparagraph (A)—
(A)
in clause (iii), by striking “October 1, 2017” and inserting “September 30, 2023”; and
(B)
in clause (iv), by striking “October 1, 2017” and inserting “September 30, 2023”;
(2)
in subparagraph (B)—
(A)
in clause (i), by striking “October 1, 2017” and inserting “September 30, 2023”; and
(B)
in clause (ii), by striking “October 1, 2017” and inserting “September 30, 2023”;
(3)
in subparagraph (C)—
(A)
in clause (i), by striking “October 1, 2017” and inserting “September 30, 2023”; and
(B)
in clause (ii), by striking “October 1, 2017” and inserting “September 30, 2023”; and
(4)
in subparagraph (D)—
(A)
in clause (i), by striking “October 1, 2017” and inserting “September 30, 2023”; and
(B)
in clause (ii), by striking “October 1, 2017” and inserting “September 30, 2023”.

Sec. 911 Eligibility for interment in national cemeteries for certain naturalized individuals

(a)
In general— Section 2402(a) is amended by adding at the end the following new paragraph:

“(10) Any individual—

“(A) who—

“(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and

“(ii) at the time of the individual’s death resided in the United States; or

“(B) who—

“(i) the Secretary determines served with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces of the United States at any time during the period beginning February 28, 1961, and ending May 7, 1975; and

“(ii) at the time of the individual’s death—

“(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and

“(II) resided in the United States.”

(b)
Effective date— The amendment made by subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act.

Sec. 912 Canadian Forces Base Gagetown independent study and registry

(a)
Independent study—
(1)
In general— The Secretary of Veterans Affairs shall provide for a study on the potential exposure of individuals to toxic substances or environmental hazards related to service at Canadian Forces Base Gagetown, New Brunswick, Canada, at any time during the period beginning on January 1, 1956, and ending on December 31, 2006.
(2)
Elements— The study required by paragraph (1) shall—
(A)
assess the health risks associated with the exposure of individuals to toxic substances or environmental hazards described in paragraph (1); and
(B)
determine if a registry of individuals who were exposed to toxic substances or environmental hazards during service at Canadian Forces Base Gagetown would be advisable as an effective tool to assess such health risks.
(3)
Independent entity— The study required by paragraph (1) shall be carried out by an entity that—
(A)
has experience conducting studies with respect to the exposure of individuals to toxic substances or environmental hazards; and
(B)
is not affiliated with the Department.
(4)
Deadline for completion— The study required by paragraph (1) shall be completed not later than 540 days after the date of the enactment of this Act.
(b)
Registry—
(1)
In general— If the entity that carries out the independent study provided for under paragraph (1) of subsection (a) determines pursuant to paragraph (2)(B) of such subsection that a registry described in such paragraph (2)(B) would be an effective tool as described in such paragraph (2)(B), the Secretary may establish and maintain a registry to be known as the “Canadian Forces Base Gagetown Health Registry” (in this subsection referred to as the Registry).
(2)
Contents— The Registry shall include the following information:
(A)
A list containing the name of each individual who—
(i)
while serving as a member of the Armed Forces, was stationed at or underwent training at Canadian Forces Base Gagetown at any time during the period beginning on January 1, 1956, and ending on December 31, 2006; and
(ii)
(I)
applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code;
(II)
files a claim for compensation under chapter 11 of such title on the basis of any disability that may be associated with such service; or
(III)
dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service.
(B)
Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in subparagraph (A) who—
(i)
grants to the Secretary permission to include such information in the Registry; or
(ii)
at the time the name of the individual is added to the Registry, is deceased.
(3)
Consultation with other agencies— The Secretary of Veterans Affairs shall consult with the Secretary of Defense and the heads of other agencies as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.

Sec. 913 Review of determination of certain service in Philippines during World War II

(a)
In general— The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether a covered individual served in support of the Armed Forces of the United States during World War II in accordance with section 1002(d) of title X of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 38 U.S.C. 107 note) for purposes of determining whether such covered individual is eligible for payments described in such section.
(b)
Covered individuals— In this section, a covered individual is any individual who timely submitted a claim for benefits under subsection (c) of section 1002 of title X of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 38 U.S.C. 107 note) based on service as described in subsection (d) of that section.
(c)
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a).
(d)
Prohibition on benefits for disqualifying conduct under new process pursuant to review— If pursuant to the review conducted under subsection (a) the Secretary of Veterans Affairs determines to establish a new process for the making of payments as described in that subsection, the process shall include mechanisms to ensure that individuals are not treated as covered individuals for purposes of such payments if such individuals engaged in any disqualifying conduct during service described in that subsection, including collaboration with the enemy or criminal conduct.

Sec. 914 Review of determination of certain service of merchant mariners during World War II

(a)
In general— The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, the Secretary of Homeland Security and such military historians as the Secretary of Defense recommends, shall review the process used to determine whether an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as having performed active duty service.
(b)
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing any findings, actions taken, or recommendations for legislative action with respect to the review conducted under subsection (a).

Sec. 915 Report on practices of the Department of Veterans Affairs to adequately provide services to veterans with hearing loss

(a)
In general— Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled Noise and Military Service: Implications for Hearing Loss and Tinnitus that was prepared pursuant to section 104 of the Veterans Benefits Act of 2002 (Public Law 107–330; 116 Stat. 2822).
(b)
Effect of Duty Military Occupational Specialty Noise Exposure Listing on receipt of benefits by veterans—
(1)
In general— The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the MOS List) are precluded from receiving benefits related to hearing loss from the Department of Veterans Affairs.
(2)
Data— The Secretary shall include in the evaluation required by paragraph (1) the following:
(A)
With respect to veterans who had a military occupational specialty included on the MOS List—
(i)
the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and
(ii)
the number of claims for benefits related to hearing loss from the Department that were denied.
(B)
With respect to veterans who had a military occupational specialty not included on the MOS List—
(i)
the number of claims for benefits related to hearing loss from the Department that were granted;
(ii)
the number of claims for benefits related to hearing loss from the Department that were denied;
(iii)
of the number of denied claims under clause (ii), the number of those claims that were appealed; and
(iv)
of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed.
(c)
Additional matters— The Secretary shall include in the report required by subsection (a) the following:
(1)
In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear.
(2)
An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans—
(A)
to detect the direction of sound; and
(B)
to understand speech.
(3)
An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids.
(4)
A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following:
(A)
A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations.
(B)
An assessment of how those audiologists have complied with that training.
(C)
Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans.
(d)
Construction— Nothing in this section shall be construed to authorize or require the Secretary to defer, delay, or replace the ongoing efforts of the Secretary to update the schedule of ratings required by section 1155 of title 38, United States Code.
(e)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 916 Report on joint programs of Department of Veterans Affairs and Department of Defense with respect to hearing loss of members of the Armed Forces and veterans

(a)
In general— Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following:
(1)
Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense.
(2)
Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces.
(3)
Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506).
(4)
Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry—
(A)
to assist in achieving the goals specified in paragraph (1);
(B)
to improve the adjudication of claims for benefits with respect to hearing loss; and
(C)
to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense.
(b)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 917 Designation of American World War II Cities

(a)
In general— The Secretary of Veterans Affairs shall designate at least one city in the United States each year as an American World War II City.
(b)
Criteria for designation— After the designation made under subsection (c), the Secretary, in consultation with the Secretary of Defense, shall make each designation under subsection (a) based on the following criteria:
(1)
Contributions by a city to the war effort during World War II, including those related to defense manufacturing, bond drives, service in the Armed Forces, and the presence of military facilities within the city.
(2)
Efforts by a city to preserve the history of the city’s contributions during World War II, including through the establishment of preservation organizations or museums, restoration of World War II facilities, and recognition of World War II veterans.
(c)
First American World War II City— The city of Wilmington, North Carolina, is designated as an American World War II City.
(d)
Expiration of authority— The requirements of subsections (a) and (b) shall terminate on the date that is five years after the date of the enactment of this Act.