S. 785 — what changed
Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019
From Reported in Senate to Engrossed in Senate. 29 sections amended, 5 added, and 6 removed between Reported in Senate and Engrossed in Senate.
Sec. 101 Strategic plan on expansion of health care coverage for veterans transitioning from service in the Armed Forces
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“(B) to any veteran during the one-year period following the discharge or release of the veteran from active military, naval, or air service; and”
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“(3) Nothing in this section shall be construed to prevent the Secretary from providing hospital care and medical services to a veteran under section 1710(a)(1)(B) of this title during the period specified in such section notwithstanding the failure of the veteran to enroll in the system of patient enrollment established by the Secretary under subsection (a).”
Sec. 102 Review of records of former members of the Armed Forces who die by suicide within one year of separation from the Armed Forces
Sec. 103 Report on REACH VET program of Department of Veterans Affairs
Sec. 104 Report on care for former members of the Armed Forces with other than honorable discharge
added Section 1720I(f) of title 38, United States Code, is amended—
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“(C) is displayed prominently on a website of the Department; and”
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“(4) shall include outreach on Internet search engines; and”
“(C) The types of mental or behavioral health care needs treated under this section.
“(D) The demographics of individuals being treated under this section, including—
“(i) age;
“(ii) era of service in the Armed Forces;
“(iii) branch of service in the Armed Forces; and
“(iv) geographic location.
“(E) The average number of visits for an individual for mental or behavioral health care under this section.”
Sec. 201 Financial assistance to certain entities to provide or coordinate the provision of suicide prevention services for eligible individuals and their families
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“1720J. Financial assistance for mental health supportive services for veterans seeking mental health treatment
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“(a) Distribution of financial assistance
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“(1) The Secretary shall provide financial assistance to eligible entities approved under this section to provide or coordinate the provision of mental health supportive services described in subsection (b) for a veteran with a mental health condition who is seeking mental health treatment.
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“(2) Financial assistance under paragraph (1) shall consist of the award of a grant to an approved eligible entity for each veteran described in paragraph (1) for which the approved eligible entity is providing or coordinating the provision of mental health supportive services.
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“(3)
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“(A) The Secretary shall award grants under this section to each approved eligible entity that is providing or coordinating the provision of mental health supportive services under this section.
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“(B) The Secretary may establish intervals of payment for the administration of grants under this section and establish a maximum amount to be awarded, in accordance with the services being provided and the duration of such services.
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“(4) In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive mental health services for veterans with mental health conditions who face barriers in accessing mental health care services from the Department.
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“(5) The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands.
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“(6) Each entity receiving financial assistance under this section to provide mental health supportive services to a veteran with a mental health condition shall notify that veteran that such services are being paid for, in whole or in part, by the Department.
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“(7) The Secretary shall require entities receiving financial assistance under this section to submit a report to the Secretary that describes the services provided or coordinated with such financial assistance.
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“(b) Mental health supportive services—The mental health supportive services described in this subsection are services provided by an eligible entity or a subcontractor of an eligible entity that address the needs of veterans with mental health conditions, including—
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“(1) outreach services;
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“(2) case management services;
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“(3) assistance in obtaining any benefits from the Department that the veteran may be eligible to receive, including health care services, vocational and rehabilitation counseling, employment and training services, and educational assistance; and
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“(4) assistance in obtaining and coordinating the provision of other public benefits provided by any Federal, State, or local agency, or any other eligible entity, including—
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“(A) health care services (including obtaining health insurance);
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“(B) daily living services;
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“(C) personal financial planning services;
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“(D) transportation services;
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“(E) income support services;
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“(F) fiduciary and representative payee services;
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“(G) legal services to assist the veteran with issues that interfere with the ability of the veteran to find and retain meaningful employment, housing, or benefits to which the veteran may be entitled;
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“(H) child care services;
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“(I) housing counseling; and
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“(J) other services necessary for maintaining independent living.
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“(c) Application for financial assistance
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“(1) An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section.
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“(2) Each application submitted by an eligible entity under paragraph (1) shall contain—
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“(A) a description of the mental health supportive services described in subsection (b) proposed to be provided by the eligible entity under this section and the identified needs for those services;
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“(B) a description of the types of veterans with a mental health condition proposed to be provided such services;
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“(C) an estimate of the number of veterans with a mental health condition proposed to be provided such services;
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“(D) evidence of the experience of the eligible entity in providing mental health supportive services to veterans with a mental health condition; and
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“(E) a description of the managerial capacity of the eligible entity—
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“(i) to coordinate the provision of mental health supportive services with the provision of mental health services by the eligible entity or another organization;
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“(ii) to assess continually the needs of veterans with a mental health condition for mental health supportive services;
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“(iii) to coordinate the provision of mental health supportive services with the services of the Department; and
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“(iv) to tailor supportive mental health services to the needs of veterans with a mental health condition.
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“(3)
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“(A) The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section.
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“(B) Criteria established under subparagraph (A) with respect to an eligible entity shall include the following:
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“(i) Relevant accreditation as may be required by each State in which the eligible entity operates.
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“(ii) Experience coordinating care or providing treatment for veterans or members of the Armed Forces.
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“(d) Technical assistance
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“(1) The Secretary shall provide training and technical assistance to eligible entities provided financial assistance under this section regarding the planning, development, and provision of mental health supportive services under this section.
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“(2) The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities, including through grants awarded under section 2064 of this title.
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“(e) Collection of information—To the extent practicable, the Secretary may collect information from an eligibility entity awarded a grant under this section relating to a mental health condition of a veteran for inclusion in the electronic health record of the Department for such veteran for the sole purpose of improving care provided to such veteran.
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“(f) Funding—From amounts appropriated to the Department for medical services, there shall be available to carry out subsections (a), (b), and (c) the following:
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“(1) $5,000,000 for fiscal year 2021.
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“(2) $10,000,000 for fiscal year 2022.
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“(3) $15,000,000 for fiscal year 2023.
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“(g) Definitions—In this section:
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“(1) The term eligible entity means any of the following:
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“(A) An incorporated private institution or foundation—
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“(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
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“(ii) that has a governing board that is responsible for the operation of the mental health supportive services provided under this section; and
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“(iii) that is approved by the Secretary with respect to financial responsibility.
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“(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).
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“(C) A corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).
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“(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).
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“(2) The term veteran with a mental health condition means a veteran who has been diagnosed with, or who is seeking treatment for, one or more mental health conditions, as determined by the Secretary.”
Sec. 202 Analysis on feasibility and advisability of the Department of Veterans Affairs providing certain complementary and integrative health services
Sec. 203 Pilot program to provide veterans access to complementary and integrative health programs through animal therapy, agritherapy, sports and recreation therapy, art therapy, and posttraumatic growth programs
Sec. 204 Department of Veterans Affairs study of all-cause mortality of veterans, including by suicide, and review of staffing levels of mental health professionals
Sec. 205 Comptroller General report on management by Department of Veterans Affairs of veterans at high risk for suicide
Sec. 206 Program to provide veterans access to complementary and integrative health services through animal therapy, agri-therapy, and outdoor sports therapy
removedSec. 207 Comptroller General report on management by Department of Veterans Affairs of veterans at high risk for suicide
removedSec. 301 Study on connection between living at high altitude and suicide risk factors among veterans
Sec. 302 Establishment by Department of Veterans Affairs and Department of Defense of a clinical provider treatment toolkit and accompanying training materials for comorbidities
Sec. 303 Update of clinical practice guidelines for assessment and management of patients at risk for suicide
Sec. 304 Establishment by Department of Veterans Affairs and Department of Defense of clinical practice guidelines for the treatment of serious mental illness
Sec. 305 Precision medicine initiative of Department of Veterans Affairs to identify and validate brain and mental health biomarkers
Sec. 306 Statistical analyses and data evaluation by Department of Veterans Affairs
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“119. Contracting for preventative or complex statistical analysisanalyses and data evaluation
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“In order to carry out statistical analysis required under section 302 of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019, or any other preventative or complex statistical analysis required under this title or any other provision of law, the “(a) In general—The Secretary may enter into a contract or other agreement with an academic institutions institution or other qualified entities, entity, as determined by the Secretary, to carry out the statistical analysis.”analyses and data evaluation as required of the Secretary by law.”
added “(b) Rule of construction—Nothing in this section may be construed to limit the authority of the Secretary to enter into contracts or other agreements for statistical analyses and data evaluation under any other provision of law.”
Sec. 401 Study on effectiveness of suicide prevention and mental health outreach programs of Department of Veterans Affairs
Sec. 402 Oversight of mental health and suicide prevention media outreach conducted by Department of Veterans Affairs
Sec. 403 Comptroller General management review of mental health and suicide prevention services of Department of Veterans Affairs
Sec. 404 Comptroller General report on efforts of Department of Veterans Affairs to integrate mental health care into primary care clinics
Sec. 405 Joint mental health programs by Department of Veterans Affairs and Department of Defense
Sec. 406 Joint mental health programs by Department of Veterans Affairs and Department of Defense
removedSec. 501 Staffing improvement plan for mental health providers of Department of Veterans Affairs
Sec. 502 Establishment of Department of Veterans Affairs Readjustment Counseling Service Scholarship Program
added “IX Readjustment Counseling Service Scholarship Program
added “7698. Requirement for program
added “As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Readjustment Counseling Service Scholarship Program (in this subchapter referred to as the “Program”).
added “7699. Eligibility; agreement
added “(a) In general—An individual is eligible to participate in the Program, as determined by the Readjustment Counseling Service of the Department, if the individual—
added “(1) is accepted for enrollment or enrolled (as described in section 7602 of this title) in a program of study at an accredited educational institution, school, or training program leading to a terminal degree in psychology, social work, marriage and family therapy, or mental health counseling that would meet the education requirements for appointment to a position under section 7402(b) of this title; and
added “(2) enters into an agreement with the Secretary under subsection (c).
added “(b) Priority—In selecting individuals to participate in the Program, the Secretary shall give priority to the following individuals:
added “(1) An individual who agrees to be employed by a Vet Center located in a community that is—
added “(A) designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and
added “(B) in a State with a per capita population of veterans of more than five percent according to the National Center for Veterans Analysis and Statistics and the Bureau of the Census.
added “(2) An individual who is a veteran.
added “(c) Agreement—An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following:
added “(1) An agreement by the Secretary to provide the participant with a scholarship under the Program for a specified number of school years during which the participant pursues a program of study described in subsection (a)(1) that meets the requirements set forth in section 7602(a) of this title.
added “(2) An agreement by the participant to serve as a full-time employee of the Department at a Vet Center for a six-year period following the completion by the participant of such program of study (in this subchapter referred to as the “period of obligated service”).
added “(d) Vet center defined—In this section, the term Vet Center has the meaning given that term in section 1712A(h) of this title.
added “7699A. Obligated service
added “(a) In general—Each participant in the Program shall provide service as a full-time employee of the Department at a Vet Center (as defined in section 7699(d) of this title) for the period of obligated service set forth in the agreement of the participant entered into under section 7604 of this title.
added “(b) Determination of service commencement date
added “(1) Not later than 60 days before the service commencement date of a participant, the Secretary shall notify the participant of that service commencement date.
added “(2) The date specified in paragraph (1) with respect to a participant is the date for the beginning of the period of obligated service of the participant.
added “7699B. Breach of agreement: liability
added “(a) Liquidated damages
added “(1) A participant in the Program (other than a participant described in subsection (b)) who fails to accept payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7604 of this title shall be liable to the United States for liquidated damages in the amount of $1,500.
added “(2) Liability under paragraph (1) is in addition to any period of obligated service or other obligation or liability under such agreement.
added “(b) Liability during program of study
added “(1) Except as provided in subsection (d), a participant in the Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs:
added “(A) The participant fails to maintain an acceptable level of academic standing in the educational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).
added “(B) The participant is dismissed from such educational institution for disciplinary reasons.
added “(C) The participant voluntarily terminates the program of study in such educational institution before the completion of such program of study.
added “(2) Liability under this subsection is in lieu of any service obligation arising under the agreement.
added “(c) Liability during period of obligated service
added “(1) Except as provided in subsection (d), if a participant in the Program does not complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A = 3Φ(t−s/t).
added “(2) In the formula in paragraph (1):
added “(A) “A” is the amount the United States is entitled to recover.
added “(B) “Φ” is the sum of—
added “(i) the amounts paid under this subchapter to or on behalf of the participant; and
added “(ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
added “(C) “t” is the total number of months in the period of obligated service of the participant.
added “(D) “s” is the number of months of such period served by the participant.
added “(d) Limitation on liability for reductions-in-force—Liability shall not arise under subsection (c) if the participant fails to maintain employment as a Department employee due to a staffing adjustment.
added “(e) Period for payment of damages—Any amount of damages that the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement.”
added “(7) the readjustment counseling service scholarship program provided for in subchapter IX of this chapter.”
Sec. 503 Comptroller General report on Readjustment Counseling Service of Department of Veterans Affairs
Sec. 504 Expansion of reporting requirements on Readjustment Counseling Service of Department of Veterans Affairs
added “(3) For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report a prediction of—
added “(A) trends in demand for care;
added “(B) long-term investments required with respect to the provision of care;
added “(C) requirements relating to maintenance of infrastructure; and
added “(D) other capital investment requirements with respect to the Readjustment Counseling Service, including Vet Centers, mobile Vet Centers, and community access points.”
Sec. 505 Briefing on alternative work schedules for employees of Veterans Health Administration
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“IX Readjustment Counseling Service Scholarship Program
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“7698. Requirement for program
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“As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Readjustment Counseling Service Scholarship Program (in this subchapter referred to as the “Program”).
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“7699. Eligibility; agreement
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“(a) In general—An individual is eligible to participate in the Program, as determined by the Readjustment Counseling Service of the Department, if the individual—
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“(1) is accepted for enrollment or enrolled (as described in section 7602 of this title) in, a program of study at an accredited educational institution, school, or training program leading to—
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“(A) a bachelor's, master's, or doctoral degree in psychology, social work, or marriage and family therapy; or
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“(B) a master's degree in mental health counseling; and
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“(2) enters into an agreement with the Secretary under subsection (c).
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“(b) Priority—In selecting individuals to participate in the Program, the Secretary shall give priority to the following individuals:
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“(1) An individual who agrees to be employed by a Vet Center located in a community that is—
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“(A) designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and
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“(B) in a state with a per capita population of veterans of more than five percent according to the National Center for Veterans Analysis and Statistics and the Bureau of the Census.
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“(2) An individual who is a veteran.
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“(c) Agreement—An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following:
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“(1) An agreement by the Secretary to provide the participant with a scholarship under the Program for a specified number of school years during which the participant pursues a program of study described in subsection (a)(1) that meets the requirements set forth in section 7602(a) of this title.
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“(2) An agreement by the participant to serve as a full-time employee of the Department at a Vet Center for a three-year period during the six-year period following the completion by the participant of such program of study (in this subchapter referred to as the “period of obligated service”).
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“(d) Vet Center defined—In this section, the term Vet Center has the meaning given that term in section 1712A(h) of this title.
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“7699A. Obligated service
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“(a) In general—Each participant in the Program shall provide service as a full-time employee of the Department at a Vet Center (as defined in section 7699(c) of this title) for the period of obligated service set forth in the agreement of the participant entered into under section 7604 of this title.
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“(b) Determination of service commencement date
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“(1) Not later than 60 days before the service commencement date of a participant, the Secretary shall notify the participant of that service commencement date.
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“(2) The date specified in paragraph (1) with respect to a participant is the date for the beginning of the period of obligated service of the participant.
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“7699B. Breach of agreement: liability
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“(a) Liquidated damages
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“(1) A participant in the Program (other than a participant described in subsection (b)) who fails to accept payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7604 of this title shall be liable to the United States for liquidated damages in the amount of $1,500.
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“(2) Liability under paragraph (1) is in addition to any period of obligated service or other obligation or liability under such agreement.
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“(b) Liability during program of study
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“(1) Except as provided in subsection (d), a participant in the Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs:
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“(A) The participant fails to maintain an acceptable level of academic standing in the educational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).
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“(B) The participant is dismissed from such educational institution for disciplinary reasons.
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“(C) The participant voluntarily terminates the program of study in such educational institution before the completion of such program of study.
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“(2) Liability under this subsection is in lieu of any service obligation arising under the agreement.
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“(c) Liability during period of obligated service
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“(1) Except as provided in subsection (d), if a participant in the Program does not complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A = 3Φ(t−s/t).
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“(2) In the formula in paragraph (1):
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“(A) “A” is the amount the United States is entitled to recover.
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“(B) “Φ” is the sum of—
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“(i) the amounts paid under this subchapter to or on behalf of the participant; and
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“(ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
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“(C) “t” is the total number of months in the period of obligated service of the participant.
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“(D) “s” is the number of months of such period served by the participant.
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“(d) Limitation on liability for reductions-in-Force—Liability shall not arise under subsection (c) if the participant fails to maintain employment as a Department employee due to a staffing adjustment.
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“(e) Period for payment of damages—Any amount of damages that the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement.”
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“(7) the readjustment counseling service scholarship program provided for in subchapter IX of this chapter.”
Sec. 506 Suicide prevention coordinators
Sec. 507 Report on efforts by Department of Veterans Affairs to implement safety planning in emergency departments
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“(3) For each even numbered year in which the report required by paragraph (1) is submitted, the Secretary shall include in such report a prediction of trends in demand for care, long-term investments required with respect to the provision of care, maintenance of infrastructure, and other capital investments with respect to the Readjustment Counseling Service, including Vet Centers, Mobile Vet Centers, and community access points.”
Sec. 508 Studies on alternative work schedules for employees of Veterans Health Administration
removedSec. 509 Suicide prevention coordinators
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The Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs is staffed with not fewer than one suicide prevention coordinator.
Sec. 521 Direct hiring authorities for certain health care positions
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“103 Department of Veterans Affairs hiring authorities
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“10301. Department of Veterans Affairs personnel authorities
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“(a) Flexibilities relating to appointments
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“(1) In general—The Secretary of Veterans Affairs (referred to in this section as the “Secretary”) shall promulgate regulations to redesign the procedures that are applied by the Department of Veterans Affairs in making appointments to positions described in paragraphs (1) and (3) of section 7401 of title 38 in order to—
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“(A) better meet mission needs;
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“(B) respond to managers’ needs and the needs of applicants;
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“(C) produce high-quality applicants;
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“(D) support timely decisions; and
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“(E) promote competitive job offers.
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“(2) Waived requirements—In redesigning the process by which the appointments described in paragraph (1) shall be made, the Secretary may waive the requirements of chapter 33, and the regulations implementing that chapter, to the extent necessary to achieve the objectives of this section, while providing for the following:
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“(A) Fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions.
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“(B) Fair and open competition and equitable treatment in the consideration and selection of individuals to positions.
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“(C) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees.
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“(3) Implementation requirements—In implementing this subsection, the Secretary shall comply with the provisions of section 2302(b)(11), regarding veterans’ preference requirements, in a manner consistent with that in which such provisions are applied under chapter 33.
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“(4) Training program—The Secretary shall develop a training program for Department of Veterans Affairs human resource professionals to implement the requirements of this subsection.
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“(5) Indicators of effectiveness—The Secretary shall develop indicators of effectiveness to determine whether appointment flexibilities under this subsection have achieved the objectives described in paragraph (1).
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“(b) Criteria for use of new personnel authorities—In the redesign of appointment procedures, as described in subsection (a), and with respect to the system of appointment flexibilities established under that subsection, the Secretary shall—
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“(1) include a means for ensuring employee involvement (for bargaining unit employees, through their exclusive representatives) in that redesign and in the implementation of that system;
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“(2) provide for adequate training and retraining for supervisors, managers, and employees in the implementation and operation of that redesign and that system;
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“(3) develop—
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“(A) a comprehensive management succession program to provide training to employees to develop managers for the agency; and
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“(B) a program to provide training to supervisors on actions, options, and strategies that a supervisor may use in administering that system;
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“(4) include effective transparency and accountability measures and safeguards to ensure that the management of that system is fair, credible, and equitable, including appropriate independent reasonableness reviews, internal assessments, and employee surveys;
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“(5) provide mentors to advise individuals on their career paths and opportunities to advance and excel within their fields;
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“(6) develop appropriate procedures for warnings during performance evaluations for employees who fail to meet performance standards;
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“(7) utilize the quadrennial strategic plan required under section 7330C(b) of title 38; and
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“(8) ensure that adequate agency resources are allocated for the design, implementation, and administration of that system.”
Sec. 601 Expansion of capabilities of Women Veterans Call Center to include text messaging
added The Secretary of Veterans Affairs shall expand the capabilities of the Women Veterans Call Center of the Department of Veterans Affairs to include a text messaging capability.