Legislative Update: What We’re Watching
The U.S. Congress has not held regular legislative sessions since March. While some of the bills were reported out of the House Veterans’ Affairs Committee in March, the majority of the legislation was introduced during 2019 and has yet to move forward.
The following are brief outlines of recent legislation affecting the Department of Veterans Affairs health care programs. A few have been passed by the U.S. House of Representatives, referred to the Senate Veterans’ Affairs Committee, and awaiting further action in the Senate.
If you are interested in learning more about any of these bills go to www.congress.gov, and type in bill number. The entire text of the legislation will be available, as well as dates of progress.
Legislation passed and signed by the President
HR 2333 “Support for Suicide Prevention Coordinators Act”
(a) Assessment Required.—The Comptroller General of the United States shall conduct an assessment of the responsibilities, workload, training, and vacancy rates of Department of Veterans Affairs suicide prevention coordinators. Such assessment shall include a determination of
(1) the extent to which the use and staffing of suicide prevention coordinators varies between Department facilities; and
(2) the extent to which the Secretary provides oversight of suicide prevention coordinators.
(b) Report To Congress.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing the findings of the assessment required by subsection (a).
HR 2333 was introduced by Anthony Brindisi (NY) on April 18, 2019. Passed House of Representatives on May 21, 2019 and received in Senate May 22 and signed by the President December 20, 2019.
Legislation Still Awaiting Action in the House of Representatives
H.R. 2340 — “FIGHT Veterans Suicides Act” (Fostering InterGovernmental Health Transparency in Veteran Suicides Act)
This bill requires the Department of Veterans Affairs (VA) to notify Congress following a suicide or attempted suicide of a veteran that occurs in a VA facility. Specifically, the VA must provide the name and location of the facility and also specific information regarding the veteran who committed or attempted suicide. The VA is required to include in each notification (1) guidance to deter the sensationalism of suicide, (2) guidance for identifying warning signs exhibited by veterans at risk of suicide, and (3) information on the resources available from the VA to veterans at risk of suicide.
H.R. 2340 was introduced by Representative Max Rose (NY) on April 18, 2019. Passed House of Representatives May 21, 2019 and received by Senate May 22, 2019.
H.R. 3495 — “Improve Well-Being for Veterans Act”
To require the Secretary of Veterans Affairs to provide financial assistance to eligible entities to provide and coordinate the provision of suicide prevention services for veterans at risk of suicide and veteran families through the award of grants to such entities, and for other purposes.
HR 3495 was introduced by Representatives Jack Bergman (MI) and Chrissy Houlahan (PA) on June 26, 2019 and to date has 251 cosponsors.
H.R. 2359 — “Whole Veteran Act”
Would require the Secretary of the Department of Veterans Affairs (VA) to submit to Congress a Report on the implementation of the February 1, 2019 Whole Health Transformation Memorandum. The report would include an Analysis of the accessibility and availability of relevant Services with respect to the implementation of such memorandum, An assessment of health outcomes, and an assessment of Resources necessary to expand Whole Health to the VHA Enterprise. It would also require VA to produce a plan on the Delivery of VA Whole Health elements to veterans living in Areas without access to VA facilities.
Representative Conor Lamb of Pennsylvania introduced H.R. 2359 on April 25, 2019. Passed House of Representatives May 21 and received by Senate May 22, 2019.
H.R. 2372 — “Veterans’ Care Quality Transparency Act”
To direct the Comptroller General of the United States to conduct an assessment of all memoranda of understanding and memoranda of agreement between Under Secretary of Health and non-Department of Veterans Affairs entities relating to suicide prevention and mental health services.
Representative Lauren Underwood of Illinois introduced H.R. 2372. Passed House of Representatives May 21, 2019 and received by Senate May 22, 2019.
H.R. 2628 – “Vet Care Act of 2019”
Amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide administrative support to providers of dental care who provide such care to veterans that is not furnished under such title, to direct the Secretary of Veterans Affairs to establish a pilot program for the provision of dental care to certain veterans, and for other purposes.
H.R. 2628 was introduced by Representative Gus Bilirakis of Florida on May 9, 2019.
H.R. 4477 — “Reducing High Risk to Veterans and Veterans Services Act”
To direct the Secretary of Veterans Affairs to submit to Congress a plan to address certain high-risk areas identified by the Comptroller General of the United States regarding the Department of Veterans Affairs in the 2019 High-Risk List of the Government Accountability Office, and for other purposes.
H.R. 4477 was introduced by Representatives Chris Pappas (NH) and Jack Bergman (MI) on September 24, 2019, passed by House of Representatives November 12, 2019, and received in Senate on November 13, 2019.
H.R. 4949 — “VA Hospitals Establishing Leadership Performance Act”
Qualifications for Human Resources positions within the Veterans Health Administration of the Department of Veterans Affairs.
(a) Establishment Of Qualifications.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—
(1) establish qualifications for each human resources position within the Veterans Health Administration of the Department of Veterans Affairs;
(2) establish standardized performance metrics for each such position; and
(3) submit to Congress a report containing the qualifications and standardized performance metrics established under paragraphs (1) and (2).
(b) Report.—Not later than 180 days after the establishment of the qualifications and performance metrics under subsection (a), the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Veterans’ Affairs of the Senate a report containing—
(1) a description of the implementation of such qualifications and performance metrics; and
(2) an assessment of the quality of such qualifications and performance metrics.
Representative Mike Bost of Illinois introduced this bill October 31, 2019.
H.R. 6036 — “VA Family Leave Act of 2020”
Family and Medical Leave for certain Department of Veterans Affairs employees.
(a) Title 38 Employees.—Section 7425 of title 38, United States Code, is amended—
(1) in subsection (b), by striking “Notwithstanding” and inserting “Except as provided in subsection (c), and notwithstanding”; and
(2) by adding at the end the following: “(c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed by the Administration family and medical leave in the same manner, to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.”.
Dr. Phil Roe of Tennessee introduced this bill February 28, 2020.
H.R. 2716 – “Vietnam-Era Veterans Hepatitis C Testing Enhancement Act of 2019”
Pilot program to increase access to hepatitis C testing for Vietnam-era veterans.
(a) Establishment.—Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a one-year pilot program to make hepatitis C testing available to covered veterans at certain outreach events organized by veterans service organizations.
(b) Selection Of Veteran Integrated Service Networks.—The Secretary shall select five Veterans Integrated Service Networks of the Department of Veterans Affairs in which to carry out the pilot program as follows:
(1) Two such networks that predominantly serve rural areas.
(2) Three such networks that predominantly serve urban areas.
(c) Termination Date.—The pilot program described under subsection (a) shall terminate on the date that is one year after the date on which the Secretary begins to carry out such program.
(d) Automatic Trigger.—If at least 350,000 veterans are tested for hepatitis C by the termination date described in subsection (c), the Secretary shall expand the program to all Veterans Integrated Service Networks of the Department not later than one year after the date on which the pilot program ends.
(e) Report To Congress.—Not later than 180 days after the date on which the pilot program ends, the Secretary shall submit to Congress a report on the pilot program that includes—
(1) the number of covered veterans tested for hepatitis C under the pilot program; and
(2) a list of resources needed to expand the pilot program to all Veterans Integrated Service Networks for the length of time necessary to test all covered veterans for hepatitis C.
(f) Covered Veteran Defined.—In this Act, the term “covered veteran” means a person who served in the active military, naval, or air service between February 28, 1961, and May 7, 1975, and was discharged or released therefrom under conditions other than dishonorable, regardless of whether such person is enrolled in the patient enrollment system of the Department of Veterans Affairs established under section 1705(a) of title 38, United States Code.
Representative Elise Stefanik of New York introduced H.R. 2816 May 19, 2019.
H.R. 2942 — “Helping Expand and Launch Transitional Health for Women Veterans Act” or “HEALTH Act”
To direct the Secretary of Veterans Affairs to carry out the Women’s Health Transition Training pilot program through at least fiscal year 2020, and for other purposes.
H.R. 2942 was introduced by Representative Gilbert Cisneros (CA) on May 23, 2019. Passed the House of Representatives on July 23, 2019 and received in Senate July 24, 2019.
H.R. 2798 — “Building Supportive Networks for Women Veterans Act”
To amend title 38, United States Code, to make permanent the pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces.
H.R. 2798 was introduced by Representative Julia Brownley (CA) on May 16, 2019.
H.R. 3798 — “Equal Access to Contraception for Veterans Act”
To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes
H.R. 3798 was introduced by Representative Julia Brownley (CA) on July 17, 2019.
Legislation Still Awaiting Action in the U.S. Senate
2569 — “Veterans-Specific Education for Tomorrow’s Health Professionals Act” or the “Vet HP Act”
To establish in the Department of Veterans Affairs a pilot program instituting a clinical observation program for pre-med students preparing to attend medical school.
2569 was introduced by Senator Tammy Baldwin (WI) on September 26, 2019.
1906 — “Improve Well-being of Veterans Act”
To require the Secretary of VeteransAffairsto provide financial assistance to eligible entities to provide and coordinate the provision of suicide prevention services for veterans at risk of suicide and veteran families through the award of grants to such entities, and for other purposes.
1906 was introduced by Senator John Boozman (AR) on June 19, 2019.
785 – “Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019”
To improve mental health care provided by the Department of VeteransAffairs, and for other purposes.
785 was introduced by Senator Jon Tester on March 13, 2019 and reported out of the Senate Veterans Affairs Committee on January 29, 2020.</>
2504 — TBI and PTSD Treatment Act
To amend title 38, United StatesCode, to direct the Secretary of VeteransAffairs to furnish hyperbaric oxygen therapy to veterans with traumatic brain injury or post traumatic stress disorder.
2504 was introduced by Senator John Hoeven (ND) on September 18, 2019.